Article 2 — Certificates Required

(a)

It is unlawful to operate any vehicle for hire or vehicle for hire service in the city unless the owner thereof applies for and obtains a "vehicle for hire certificate" authorizing such activity (hereinafter "certificate"), which certificate shall be applied for, granted, and in effect, all in compliance with the provisions of this chapter.

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

(a)

The application for such certificate shall be in writing, signed by the owner, duly certified under oath, and it, together with two (2) copies thereof, shall be filed with the Police Department for its investigation and report. The Police Department shall forward an advance copy to the Planning Department, and shall transmit the original to the City Clerk, who shall file the same.

(b)

Each application shall include:

(1)

A full identification of the applicant and all persons to be directly or indirectly financially interested in the business;

(2)

The residence street address and business street address and telephone number of the applicant, including all members of any firm or partnership, or all officers and directors of any corporation applying, and the name, mailing and street address and telephone number of any person authorized to accept legal process;

(3)

The exact nature of the proposed business for which the certificate is requested, and the name under which it is to be operated;

(4)

Whether or not any similar certificate held by the applicant(s) in Pacifica or any other California jurisdiction has been revoked, and if so, the circumstances of such revocation;

(5)

The number of vehicles proposed to be operated;

(6)

The complete description of the vehicles proposed to be operated (including VIN, manufacturer, model year, vehicle type, license plate number) and the proposed operations;

(7)

Proof of insurance or other ability to respond in damages as required by Section 4-6.302;

(8)

The color scheme and characteristic insignia to be used to designate the vehicles to be used in the business;

(9)

A receipt from the Finance Director which certifies that the applicant has paid fees as required, if any, and a nonrefundable processing fee as set forth in the fees and charges administrative policy for the City adopted by Resolution of the City Council;

(10)

The street addresses from which the applicant conducts or will conduct the vehicle for hire service business, where dispatch will be conducted, and each location at which the business's vehicles will be garaged;

(11)

Proof and legal and registered ownership of the vehicles to be used by the applicant;

(12)

The name of each driver who will operate a vehicle for hire in the City. This information will be kept current throughout the term of the certificate;

(13)

A copy of the vehicle maintenance program, including preventive maintenance. The program must be in accordance with the vehicle manufacturer's warranty specifications and any applicable state and federal laws. This information shall be kept current throughout the term of the certificate;

(14)

Satisfactory evidence establishing that the applicant has complied and currently complies with the provisions of California Government Code Section 53075.5 (b)(3), or any successor provision, pertaining to pre-employment and periodic testing of drivers for controlled substances and alcohol, and with provisions pertaining to payment for drug and alcohol testing programs and related reporting requirements. The applicant must also provide satisfactory evidence that each driver who will operate a vehicle for hire within the City has tested negative for drugs and alcohol within the previous twelve (12) months;

(15)

The names, street addresses and telephone numbers of at least two individuals who may be contacted twenty-four (24) hours a day, seven (7) days a week, by the City in case of an emergency;

(16)

Such additional information as the City may require.

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

(a)

Upon receipt of the application for a certificate forwarded from the police department, the planning department shall conduct an investigation into the following:

(1)

Whether or not the business for which application is made conforms in all respects to the requirements of the general plan, any applicable specific plan and any applicable provisions of the City's zoning ordinance;

(2)

The adequacy of existing mass transportation and vehicle for hire services in the City;

(3)

The effect such additional vehicle for hire service may have upon traffic congestion and parking;

(4)

A report of the results of the investigation shall be forwarded to the Chief of Police within thirty (30) days from the date of receipt of a complete application.

(b)

Upon receipt of a copy of the application for a certificate, the Chief of Police shall investigate. Upon completion of the investigation, the Chief of Police may approve, deny or conditionally approve the certificate.

(c)

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

(1)

The public convenience and necessity is not served;

(2)

The application contains any material misrepresentation;

(3)

The applicant has been convicted of a crime of moral turpitude, fraud, misrepresentation, or other crime which impacts the safe operation of a vehicle for hire or the applicant employs or utilizes a driver or drivers who have been convicted of the above. The term "conviction" includes a guilty plea or plea of nolo contendre;

(4)

The owner is not financially responsible;

(5)

Any vehicle proposed to be operated lacks required equipment, is improperly licensed, or unsafe;

(6)

The owner's proposed color scheme, name or insignia will conflict with or imitate any color scheme, name or insignia used by any other person operating any vehicle described in this chapter, in such a manner as to be misleading to the public;

(7)

Additional vehicle for hire service will have a detrimental effect on traffic and parking within the City, will be inconsistent with applicable provisions of the City's general plan, specific plan, or zoning ordinance, or will otherwise be contrary to the public welfare;

(8)

The applicant has not otherwise complied with this chapter.

(d)

An applicant whose application for a certificate 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)

Certificates issued under this chapter shall be issued for a period not exceeding two (2) years, unless terminated or revoked earlier pursuant to this chapter.

(b)

If the owner discontinues operation of the vehicle for hire service for a period of forty-five (45) consecutive days or longer, it shall be deemed abandoned, and the certificate shall be null and void.

(c)

The certificate shall be nontransferable.

(d)

Upon expiration of the certificate, the holder of the certificate may reapply with updated information as required in this chapter.

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

(a)

The Chief of Police shall, upon mailing written notice to the holder of the certificate giving him or her an opportunity to appeal, have the discretion to modify, suspend or revoke a certificate based on any of the following reasons:

(1)

Failure to maintain vehicles in good and safe order and in compliance with all laws;

(2)

Any basis that would have been grounds for denial of the certificate application;

(3)

Failure to pay any required fee;

(4)

Repeated violations by the owner or the drivers of the traffic and motor vehicle laws of the City, county or state;

(5)

Employment of a driver who does not have a valid California driver's license or driver's permit issued pursuant to this chapter;

(6)

Poor safety record or a record of complaints with respect to the operation of vehicles for hire or the vehicle for hire service or other detriment to the public health, safety and welfare;

(7)

Charging rates in excess of the amount permitted;

(8)

Failure to comply with any and all applicable state, federal or local health, zoning, fire, building and safety laws for buildings, structures, premises and equipment located within the City and used to conduct the vehicle for hire service activities;

(9)

Failure to satisfy, or violation of, any provision of this chapter.

(b)

The Chief of Police shall, in writing, report any such suspension or revocation to the City Manager, stating the reasons for such action.

(c)

A person whose certificate 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 date of the decision.

(d)

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.

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