Oceanside Municipal Code Art. II Certificate to Operate

No person shall drive, operate or cause to be operated, nor shall any person employ, enter into a lease agreement, permit or allow another to drive, operate or cause to be operated, any vehicle over any street of the city for the purpose of transporting a passenger for compensation, regardless of whether such operation extends beyond the boundary limits of the city, nor shall any person solicit, induce, persuade, invite or procure such transportation of passengers for compensation, or accept compensation therefor, without a certificate first having been obtained from the city authorizing such operations and acts.

(Ord. No. 12-OR0630-1, § 1, 9-19-2012)

The following vehicles are exempt from the terms of section 35.4:

(a) A vehicle which is lawfully transporting a passenger from a point outside the city to a destination within the city. Any person or carrier who exceeds five (5) compensated transports within a thirty (30) day period from a point outside the city to a destination within the city shall be subject to the terms of section 35.4.

(b) A vehicle which is lawfully transporting a passenger from a point outside the city to a point outside the city.

(c) A vehicle being operated pursuant to the public utilities commission of the state, excluding any vehicle which is operated pursuant to a charter party carrier certificate where the operation of such a vehicle has been excluded from the applicability of such sections of the Public Utilities Code.

(d) A vehicle being used as an ambulance and being operated pursuant to authority granted by, and in accordance with, other ordinances or laws.

(e) A vehicle rented or leased for self operation by a person using such vehicle under a plan commonly known as a "U-Drive," but not when transporting other persons for compensation.

(f) A vehicle licensed and regulated by the San Diego Metropolitan Transit System pursuant to Public Utility Code Section 120266 during the term of the agreement for administration of fire-hire services between the San Diego Metropolitan Transit System and the City of Oceanside.

(Ord. No. 12-OR0630-1, § 1, 9-19-2012; Ord. No. 23-OR0672-1, § 1, 9-27-2023)

Except as provided in section 35.5, no person shall solicit or accept a passenger in the city for any compensation or consideration whatsoever, for transportation by taxicab to any destination either inside or outside the city, unless that person is authorized to do so pursuant to this chapter.

(Ord. No. 12-OR0630-1, § 1, 9-19-2012)

Any person desiring permission to operate vehicles covered by this chapter shall file a petition therefor, containing the information required by sections 35.8 and 35.9, in accordance with the procedures set forth below:

(a) Initial submission to the business license section with the appropriate fees, as set forth in the schedule of fees established by resolution of the city council.

(b) The business license section shall only accept a completed petition. Upon receipt of a complete petition the business license section shall, within ten (10) business days, provide the petition to the police department for review.

(c) The police department shall have thirty (30) days from the date of receipt to review the petition and return it to the business license section.

(d) The business license section, upon receipt of the petition from the police department as specified in subsection (c) above, shall forward the petition to the city manager within three (3) business days.

(e) The city manager shall, within forty-five (45) days of receipt of the petition, review the petition and render a decision.

(Ord. No. 12-OR0630-1, § 1, 9-19-2012)

The petition provided for in the preceding section shall be verified by oath of the petitioner, if a natural person; or by oath of an officer or partner of the petitioner, if petitioner be a corporation, partnership, association, unincorporated company, or cooperative.

(Ord. No. 12-OR0630-1, § 1, 9-19-2012)

The petition provided for in section 35.7 shall set forth the following information:

(a) The name, address, with cross streets, of the petitioner, if a natural person;

(b) If a corporation, its name, date and place of incorporation, address, with cross streets, of its principal place of business, and the names of all its officers together with their respective addresses;

(c) If a partnership, association, unincorporated company, or cooperative, then the names of the natural persons comprising the partnership, association, company or the cooperative shall be included in the petition, together with their addresses, and the addresses and cross streets of the principal place of business;

(d) The trade name or style, if any, under which the petitioner proposes to operate, colors and trade name must not be in conflict or existing with any current operator;

(e) The extent, character, and quality of operations, which shall include, but not be limited to:

(1) Description of how the operation works, number of years in business;

(2) The area to be covered;

(3) Kind and extent of service, other areas of service;

(4) A complete declaration of all rates and fees to be charged;

(5) Proof of insurance pursuant to section 35.2;

(6) Copies of any lease or subcontract arrangements for operation for file information;

(f) The number, type, model, model year, capacity, state license number and condition of each vehicle proposed to be operated;

(g) A full statement of the petitioner's assets and liabilities;

(h) The name of the legal and registered owner of each such vehicle;

(i) A statement establishing the existence of public convenience and necessity;

(j) A statement of whether the petitioner has a mandatory controlled substance and alcohol testing certification program pursuant to Government Code section 53075.5, and if so, submit a copy of the same; and

(k) The name of each driver who will operate a taxicab pursuant to this chapter, along with a copy of his or her driver's permit, and the results from controlled substance and alcohol tests that have been completed within the preceding thirty (30) days pursuant to the provisions of Government Code section 53075.5(b)(3).

The petition shall be filed with the business license section of the financial services department, and shall be accompanied by a nonrefundable application fee as set forth in the schedule of fees established by resolution of the city council.

(Ord. No. 12-OR0630-1, § 1, 9-19-2012)

Any of the following reasons shall be sufficient for denial of a petition to obtain a certificate required by this chapter:

(a) That the petition is not in the form, and/or does not contain the information required to be contained therein by this chapter;

(b) That the vehicles described therein are inadequate or unsafe for the purposes for which they are to be used or do not conform to the requirements of this chapter;

(c) That the color scheme, name, monogram or insignia to be used upon such automobiles shall be in conflict with or imitate any color scheme, name, monogram or insignia used by any person in such manner as to be misleading or tend to deceive or defraud the public;

(d) That the petitioner does not have a mandatory controlled substance and alcohol testing certification program pursuant to either Government Code section 53075.5 or any other applicable state law; or that any of petitioner's proposed drivers or, if a natural person, petitioner him or herself, has tested positive for a controlled substance or alcohol as specified in Government Code section 5307.5(b)(3);

(e) That the petitioner has, at some prior time, had a license permit, certificate franchise, agreement, or other authority or permission to operate a taxi or similar service suspended or revoked;

(f) That it appears to the city manager that there are sufficient taxicabs for hire in the city to fully serve the public, and that the public interest, convenience, and necessity do not require the issuance of such certificate;

(g) That the schedule of fares or rates does not appear to be fair and equitable;

(h) That the petition is for less than ten (10) vehicles;

(i) That at least one (1) of the vehicles proposed to be operated is not wheelchair accessible in compliance with the standards set forth in the Americans with Disabilities Act (ADA);

(j) That petitioner does not make an affirmative showing of the existence of public convenience and necessity; or

(k) For any of the reasons set forth in section 35.18.

(Ord. No. 12-OR0630-1, § 1, 9-19-2012)

Within ten (10) calendar days after receipt of the decision of the city manager is deposited in the U.S. Mail postage pre-paid addressed to the person filing the petition, the petitioner may file with the city clerk a written request for a hearing before the city council. Fees for appeal shall be established by resolution of the city council. Upon the filing of such a request and payment of fees, the city clerk shall set the matter for a hearing and shall notify the petitioner of the date, time and place of such hearing at least five (5) days before the hearing date. At the hearing, any person may present evidence in opposition to, or in support of, petitioner's case. At the conclusion of the hearing, the city council shall either grant or deny the appeal, and the decision of the city council shall be final.

(Ord. No. 12-OR0630-1, § 1, 9-19-2012)

The council, in determining whether or not such facts as set forth in section 35.10 exist, shall take into consideration the public demand for such service, the adequacy or inadequacy of service being rendered by other carriers, the effect of such service upon traffic, the financial responsibility of the petitioner, the character of equipment proposed to be furnished, and any and all other facts which the council may deem relevant.

(Ord. No. 12-OR0630-1, § 1, 9-19-2012)

(a) A certificate shall only be issued for ten (10) or more vehicles, each bearing a consecutive number. At least one (1) of these ten (10) vehicles must be wheelchair accessible in compliance with the standards set forth in the Americans with Disabilities Act (ADA). The size and location of the numbers will be permanently affixed and prominently displayed on the vehicle as determined by the business license section. The number of vehicles shall only be increased by authority of the city manager pursuant to the procedure provided in subsection (b) below.

(b) Once a certificate is issued, the procedures listed below shall be followed in order to increase the number of vehicles:

(1) Certificate holder shall file a petition, containing all of the items set forth in section 35.9, requesting an increase to the city manager. The city manager may waive any of the requirements of section 35.9 to the extent that this information is on file and current.

(2) The city manager shall, within forty-five (45) days of receipt of the petition, review the petition and make a decision, pursuant to section 35.10.

(3) If petition is denied, the certificate holder has thirty (30) days to file an appeal pursuant to the provisions of section 35.11.

(Ord. No. 12-OR0630-1, § 1, 9-19-2012)

In the event that the city manager determines to grant an additional number of vehicles to be operated by a carrier, then an amended certificate shall be issued to such carrier specifying the total number of vehicles to be operated by such carrier.

(Ord. No. 12-OR0630-1, § 1, 9-19-2012)

The certificate may, at the pleasure of the city manager, be for a prescribed period or for an indefinite period.

(Ord. No. 12-OR0630-1, § 1, 9-19-2012)

When issued, a certificate shall constitute evidence of compliance with the terms of this chapter and shall authorize the certificate holder to operate vehicles under the conditions specified in this chapter; subject, however, to the requirements, obligations and limitations imposed by other applicable laws, ordinances and orders of the council, and shall become effective only upon payment of the fees required by this chapter.

(Ord. No. 12-OR0630-1, § 1, 9-19-2012)

The city manager shall have power to modify, suspend or revoke any certificate granted under the provisions of this chapter for the reasons set forth in section 35.18.

(Ord. No. 12-OR0630-1, § 1, 9-19-2012)

The city manager may modify, suspend, or revoke any certificate when he or she finds, based on substantial evidence, that any taxicab is inadequate or unsafe, or that the holder of any certificate, or if not a natural person, any of certificate holder's partners, directors, officers, agents, managers, or members:

(a) Has or have obtained the certificate by fraud or misrepresentation, or failed to comply with the terms of the certificate, the provisions of this chapter, this Code, or any other city codes and/or ordinances, or any state or federal laws that relate to the operation of taxicabs;

(b) Has or have been convicted of, or plead guilty or no contest to, a felony or a crime involving moral turpitude which is substantially related to the business activity for which the certificate is issued;

(c) Fails to have at least ten (10) vehicles that are fully compliant with the provisions of this chapter available to be dispatched at all times;

(d) Fails to have at least one (1) wheelchair accessible vehicle pursuant to section 35.13 available to be dispatched at all times;

(e) Employs a person as a taxicab driver, or maintains an independent contracting relationship with a taxicab driver, or enters into a lease, partnership or cooperative agreement with, or otherwise allows a person to operate a taxicab pursuant to the certificate, if that person:

(1) Does not have a valid driver's permit, or has his or her state issued drivers license suspended or revoked;

(2) Fails to comply with any of the provisions of this chapter, or fails to promptly obey all lawful orders or instructions of any peace officer or fire department official;

(3) Tests positive for a controlled substance or alcohol as set forth in section 35.52.1;

(4) Has registered, or is required to register, as a sex offender pursuant to Penal Code section 290;

(5) Has been convicted of, or plead guilty or no contest to, an offense requiring registration for violation of the Uniform Controlled Substances Act pursuant to Health & Safety Code section 11590;

(6) Has been convicted of, or plead guilty or no contest to, any of the following motor vehicle offenses within the preceding five (5) years: operating a motor vehicle under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, reckless driving, vehicular manslaughter, fleeing from or evading a police officer, or failing to fulfill the duty required after being involved in a motor vehicle accident involving property damage, injury or death; or

(7) Has been convicted of, or plead guilty or no contest to, murder, manslaughter, assault, battery or other crime of violence within the preceding five (5) years.

(Ord. No. 12-OR0630-1, § 1, 9-19-2012)

Before modification, revocation or suspension of a certificate, the certificate holder shall be entitled to a hearing before the city council, and shall be notified thereof.

(Ord. No. 12-OR0630-1, § 1, 9-19-2012)

Notice of hearing on such suspension, or revocation, shall be in writing, and shall be served at least ten (10) days prior to the date of the hearing thereon, service to be upon the holder of the certificate, or its manager, or agent, and which notice shall state the grounds of complaint against the holder of the certificate, and shall also state the time when, and the place where, such hearing will be held.

In the event the holder of the certificate cannot be found, or service of such notice cannot be made upon it, or him, in the manner provided in this section, then a copy of the notice shall be mailed, postage prepaid, addressed to such carrier at its last-known address, at least ten (10) days prior to the date of such hearing.

Any hearing conducted under this section shall be based on a preponderance of the evidence standard. The decision of the city council shall be final.

(Ord. No. 12-OR0630-1, § 1, 9-19-2012)

The certificates heretofore or hereafter issued are not assignable or transferable.

(Ord. No. 12-OR0630-1, § 1, 9-19-2012)

In the event that any certificate holder desires to change the schedule of rates and charges or the color scheme, name, monogram or insignia used on its taxicabs, or to substitute any vehicle for and in place of a vehicle described in the petition, certificate holder shall first make application for permission to do so from the city manager, which permission shall be granted if, in the discretion of the city manager, he or she deems the public interest, necessity and convenience will be served by such change, and if the certificate holder has complied with all provisions of this chapter.

(Ord. No. 12-OR0630-1, § 1, 9-19-2012)

In the event that any certificate holder sells its business or otherwise ceases to operate its business, the certificate herein granted shall be null and void.

In the event that the certificate holder is a corporation or cooperative, any transfer or transfers of its outstanding stock, individually or in the aggregate, amounting to more than ninety (90) percent of its outstanding stock shall constitute a termination of the business and the certificate herein granted shall be null and void; provided, however, that any certificate holder being a corporation or cooperative may apply for a transfer of the certificate setting forth the terms of the stock transfer transaction, supplying all of the information and meeting all of the requirements of this chapter as is required of an original petition for a certificate. Each additional stockholder/shareholder shall be subject to the fees as set forth in the schedule of fees established by resolution of the city council.

(Ord. No. 12-OR0630-1, § 1, 9-19-2012)

In the event that any certificate holder desires to sell its business, the proposed buyer shall file an original petition for a certificate as prescribed in section 35.9 and/or 35.23 as applicable, and he or she shall have a preferential right to obtain the same, if otherwise qualified, over any other application then being processed by the city.

(Ord. No. 12-OR0630-1, § 1, 9-19-2012)