Article 4 — Permits Required

(a)

It is unlawful for any person to operate a vehicle for hire in the city unless he or she first possesses a valid driver's permit to do so as provided herein.

(§ 1, Ord. 676-C.S., eff. April 12, 2000)

(a)

An application for a driver's permit shall be submitted in writing to the Chief of Police, shall be duly certified under oath, and signed by the applicant, and shall be accompanied by a receipt from the Director of Finance stating that the applicant has paid a nonrefundable processing fee in the amount set forth in the fees and charges administrative policy the city adopted by resolution of the City Council.

(b)

Each driver's permit application shall include:

(1)

The name, address, telephone number, date of birth, height, weight and identifying marks of the applicant;

(2)

Proof of a valid California driver's license and the applicant's California Driver's license number;

(3)

Two recent photographs of the applicant (one and one-half (1 ½″) inch square);

(4)

A complete set of fingerprints (to be taken by the Pacifica Police Department);

(5)

The name, address and telephone number of the applicant's current or prospective employer;

(6)

The signature of the applicant's current or prospective employer, endorsing the application and certifying that:

(i)

The signatory is in fact the applicant's current or prospective employer, and

(ii)

That the applicant has demonstrated to the signatory that the applicant has a proficient knowledge of the traffic laws of the City and of the state and has demonstrated his or her ability to operate the type of vehicle for which application is made;

(7)

The name, address and telephone number of each of the applicants employers during the preceding period of three (3) years;

(8)

Whether or not the applicant has had a permit, similar to that for which application is made, revoked;

(9)

Any other information the Chief of Police may require.

(§ 1, Ord. 676-C.S., eff. April 12, 2000)

(a)

Upon receipt of the application for a driver's permit, the Chief of Police shall investigate. Upon completion of the investigation, the Chief of Police may approve, deny or conditionally approve the permit.

(b)

The Chief of Police may deny an application for a driver's permit if, based on substantial evidence, he or she finds any of the following:

(1)

The application contains any material misrepresentations;

(2)

The applicant is a registered sex offender;

(3)

The applicant has been convicted or pled guilty or nolo contendre of a crime of moral turpitude, fraud, misrepresentation, crimes involving the use of a weapon, or any crime related to the qualifications, functions or responsibilities of a driver of a vehicle for hire;

(4)

The driver has tested positive for a controlled substance specified in California Government Code Section 53075.5(b)(3) or successor legislation within twelve (12) months prior to submitting the application;

(5)

The driver has a poor safety record.

(c)

An applicant whose application for a driver's permit has been denied may appeal the denial to the City Manager by filing a written appeal within ten (10) calendar days from the date of the denial. The City Manager shall conduct a hearing. Upon the conclusion of the hearing, the City Manager may affirm or reverse, in whole or in part, the decision of the Chief of Police. The City Manager's decision shall be made in writing and shall state the basis for the decision. The City Manager's decision shall be final and nonappealable.

(§ 1, Ord. 676-C.S., eff. April 12, 2000)

(a)

Every driver's permit issued hereunder shall set forth the name of the owner for whom the driver is authorized to operate a taxicab, bus, or rent car.

(b)

Every driver's permit shall be posted in a place conspicuous from the passenger's compartment of the taxicab, bus, or rent car while the driver is operating same.

(§ 1, Ord. 676-C.S., eff. April 12, 2000)

(a)

A driver's permit shall be valid only as long as the permit holder continues in the employ of the employer who endorsed the application. Upon termination of such employment or upon suspension or revocation of the employer's certificate, the driver shall forthwith surrender the driver's permit to the Chief of Police.

(b)

Driver's permit(s) shall not be transferable in any event.

(c)

Upon the termination of the employment of any driver, the owner for whom such driver had been working shall immediately give the Chief of Police written notification of such termination.

(§ 1, Ord. 676-C.S., eff. April 12, 2000)

Driver's permits issued under this chapter shall be issued for a period not exceeding two (2) years unless revoked or otherwise terminated earlier pursuant to this chapter. Upon expiration of the driver's permit, the driver may reapply with updated information, as required in Section 4-6.402.

(§ 1, Ord. 676-C.S., eff. April 12, 2000)

(a)

The Chief of Police shall, upon mailing written notice to the holder of the permit giving him or her an opportunity to appeal, have the power to modify, suspend or revoke any driver's permit issued hereunder for any of the reasons for which an application for such a permit may be denied or if the holder thereof has an unsafe driving record, is convicted or pleads guilty or nolo contendre of reckless driving, a crime of moral turpitude, driving while intoxicated or other driving offenses relating to alcohol or substance abuse, reckless driving, or the violation of any other law while engaged in the scope of his/her employment that the Chief of Police believes necessitates suspension or revocation in order to protect the health and safety of the community.

(b)

A person whose permit has been suspended or revoked may appeal the decision to the City Manager by filing an appeal with the City Clerk within ten (10) calendar days of the decision.

(c)

The City Manager shall conduct a hearing. He or she may affirm or reverse, in whole or in part, any such order. The City Manager's decision shall be made in writing and shall state the basis for the decision. The City Manager's decision shall be final and nonappealable.

(d)

In the event of such suspension or revocation of a driver's permit, such permit shall be, by the holder thereof, forthwith surrendered to the Chief of Police.

(§ 1, Ord. 676-C.S., eff. April 12, 2000)