Article 3

It is unlawful and a violation of this chapter for any person or group of persons to engage in the taxicab business in the city unless such person or group of persons shall be duly licensed in the manner provided by this chapter.

(Code 1954 § 21.17; Ord. 1772 § 1)

There shall be a maximum of 5 licenses outstanding at any one time. (Code 1954 § 21.18; Ord. 871 § 1; Ord. 1772 § 1)

• A. No holder or partner in a partnership or an officer or shareholder of a corporation holder shall:

  1. Own, hold, control or possess any interest in the property or the business of (a) another holder; or (b) a partner of a partnership holder; or (c) an officer of a shareholder of a corporation holder.

  2. Except as provided in subsection B of this section, be a spouse of or related to the third degree of consanguinity of: (a) another holder; or (b) a partner of a partnership holder; or (c) an officer or shareholder of a corporation holder.

  3. Nor shall any holder or partner, officer or shareholder of any holder agree, collude or conspire with any other holder, partner, officer or shareholder of a holder, with the object, purpose or result that one holder shall control the business of another holder, directly or indirectly.

The provisions of paragraphs 1 and 2 of this subsection shall not prevent such relationship or such agreement if one of such holders shall surrender such license to the chief of police within 5 days after such interest is acquired or such relationship or agreement is created.

• B. Exemptions. Wherever it appears from the application for a license or it shall come to the attention of the chief of police that the issuance of a license to such applicant would be contrary to the provisions of subsection A of this section, or that there is a violation of subsection A with respect to the relationship between 2 holders, partners, officers or shareholders of holders, upon the application of either holder or any officer, partner or shareholder of a holder involved, the chief of police may exempt such persons from the provisions of subsection A if, after investigation, he or she shall find and determine that the degree of relationship existing between the parties involved does not and will not, under the circumstances, cause or create the exercise of management or control by one holder over the taxicab business of another holder.

(Code 1954 §§ 21.19, 21.20; Ord. 1772 § 1)

No license shall be sold or transferred except in the manner provided in this chapter.

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City of Oroville, CA

OROVILLE CODE

§ 5.32.140

§ 5.32.150

(Code 1954 § 21.21; Ord. 1772 § 1)

• A. To Whom Submitted—Contents. Every applicant for a license or for transfer of a license shall submit a written application to the chief of police in a form provided by him or her, which application shall include:

  1. The name and address of the applicant, partners, officers and shareholders.

  2. The financial status of each applicant including the amount of all unpaid judgments against the applicant and the nature of the transaction or acts giving rise to the judgment.

  3. The experience of applicant or its managing employee or officer in the taxicab business.

  4. The number of vehicles to be operated or controlled by applicant.

  5. The name under which the applicant proposes to do business.

  6. The color scheme or insignia proposed to be used to designate the vehicles to be owned or controlled by the applicant.

  7. Any facts which the applicant believes tend to prove that the public convenience and necessity requires the license to be granted to the applicant.

  8. Such other information as the chief of police will require, including photographs or fingerprints of applicants, managing officers or employees thereof.

• B. Exemptions to Persons Previously Licensed. Every person who shall be duly licensed to engage in the taxicab business when this chapter becomes effective shall within 30 days thereafter apply for and obtain a license to engage in the taxicab business but all such persons shall be exempt from the requirements of subsection (A)(7) of this section, and from the payment of license application fee required by Section 5.32.090(A) of this chapter. All drivers who shall be duly licensed when this chapter becomes effective shall within 30 days thereafter apply for and obtain a driver's license as herein provided, but all such persons shall be exempt from the application fee provided in Section 5.32.090(B) of this chapter except as to subsequent applications for renewal.

• C. False Representations. It is unlawful and a violation of this chapter for any applicant, partner, officer, managing employee or shareholder of any applicant, to make any statement in any application presented to the chief of police or to any committee of the city council or to the city council in writing required or authorized by the terms of this chapter knowing such statement to be false or without having reasonable grounds to believe the statement to be true, with the intent that such information shall be relied upon in whole or in part by the chief of police, a committee of the city council, or the city council, or any of them, in the exercise of any discretion conferred upon such officer, city council or committee thereof by the terms of this chapter.

• D. Adding Vehicles to Number Specified in Applications. No holder shall add any vehicle to the number specified in his or her application for a license without first notifying the chief of police in writing of such addition and making payment of any additional license fee as

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City of Oroville, CA

BUSINESS LICENSES AND REGULATIONS

§ 5.32.150

§ 5.32.170

required in this chapter.

(Code 1954 §§ 21.22—21.25; Ord. 1772 § 1)

The chief of police shall issue a license to an applicant for the conduct of the taxicab business in the city if:

• A. The applicant has duly completed and filed the written application required herein and paid the fee required by Section 5.32.090(A) of this chapter.

• B. Issuance of such license will not be in excess of the maximum provided by Section 5.32.120.

• C. The color scheme or insignia proposed to be adopted by the applicant is not of the same or similar character as that of any other holder, to such extent that the degree of similarity would tend to mislead or confuse the public as to the holder owning or controlling such vehicle.

• D. The name under which the applicant proposes to do business is not the same or of such similarity as to tend to mislead or confuse the public as to the identity of the applicant with respect to any other holder.

• E. The chief of police shall find that the applicant, its managing officer or partner is of good moral character and financially responsible; provided, that no determination that any applicant is not of good moral character or not financially responsible shall be made without first notifying the applicant at least 5 days in advance thereof and giving such applicant an opportunity to present evidence in his or her behalf with respect to any of such proposed adverse findings.

(Code 1954 § 21.26; Ord. 1772 § 1)

• A. Whenever the chief of police shall determine that there are reasonable grounds to believe that a holder has willfully violated any of the terms of this chapter or has been convicted of the violation of any other law of the state or ordinance of this city while engaged in the taxicab business, the chief of police shall set a time and place for the hearing of such matter and shall give notice to such holder at least 5 days in advance thereof, in which notice such holder shall be directed to appear at the time and place stated to show cause, if any, why his or her license should not be suspended or revoked.

• B. At any such hearing the chief of police shall hear all evidence offered in support of or in denial or mitigation of the order to show cause, and if he or she thereupon determines that the holder has willfully violated this chapter or has been convicted of a violation of any law of the state or of this city while engaged in the taxicab business, the chief of police may, subject to the following provisions, order such penalty as he or she shall deem proper:

  1. Upon a first violation or conviction suspension of the holder's license for a period not to exceed 90 days.

  2. Upon a second violation or conviction suspension of the holder's license for a period not to exceed 180 days.

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City of Oroville, CA § 5.32.170

OROVILLE CODE

§ 5.32.190

3. Upon a third violation or conviction in any one calendar year, the holder's license shall be revoked.

(Code 1954 § 21.27; Ord. 1772 § 1)

The chief of police may revoke the license of any holder if, after notice and hearing in the manner provided by Section 5.32.170 of this Code, he or she shall determine that such holder has continuously for a period of 30 days failed to carry on the taxicab business in the city. (Code 1954 § 21.28; Ord. 1772 § 1)

• A. No holder shall cause, allow or permit any taxicab operated by such holder to be operated in the taxicab business unless the same shall conform in all respects to the name under which the holder is licensed to do business, the color scheme or insignia under which the license has been issued or a permit of change has been issued.

• B. A holder desiring to make any change of name, color scheme or insignia shall first file a written application to the chief of police for change of name, color scheme or insignia and, if in accordance with the provisions of this chapter, the chief of police shall find that such change shall not violate the provisions of Section 5.32.160 of this Code, he or she shall notify the holder in writing of the authorization for such change.

• (Code 1954 § 21.29; Ord. 1772 § 1)

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City of Oroville, CA

BUSINESS LICENSES AND REGULATIONS

§ 5.32.200

§ 5.32.230