Pittsburg Municipal Code Art. II Operator's Certificate And Requirements

A. Operator's Certificate Required. It shall be unlawful for any person to own or operate any taxicab business in the city unless the person has first obtained an operator's certificate pursuant to the provisions of this chapter.

B. Minimum Number of Taxicabs per Operator. The holder of a taxicab operator's certificate shall have a minimum of two taxicabs authorized to operate under this chapter.

(Ord. 15-1400 § 1 (Exh. A), 2015; Ord. 16-1416 § 1, 2016)

A. The application for said operator's certificate shall be in writing, executed under penalty of perjury, and filed with the chief of police, along with certificate fees as described in PMC § 5.56.120. Such application shall contain the following:

1. The full name and identification of the applicant and all persons who will be financially interested, whether directly or indirectly, in the certificate;

2. The residence, business address, and citizenship of the applicant, including all members of any firm or partnership, or if the applicant is a corporation, the same information for all officers and directors and of any shareholders owning 20 percent or more of the voting stock of the corporation;

3. The address or location where the applicant intends to store, park and service the applicant's vehicles, if different than the business address given pursuant to subsection (A)(2) of this section;

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

5. Whether or not any certificate, license, or permit to operate a taxicab in any jurisdiction has been revoked and, if so, the circumstances of such revocation;

6. A completed check box certifying that the taxi operator applicant is prepared to operate with four-door vehicles large enough to assure the comfort and safety of the passenger(s);

7. The number of, and a complete description of, the vehicles proposed to be operated, including manufacturer, model, year of manufacture, license plate number, vehicle identification number (VIN), passenger capacity, modifications of factory equipment, the taximeter model and serial number, and a detailed description of the type and nature of the proposed operation;

8. The color scheme and characteristic insignia to be used to designate the vehicles of the operator;

9. A completed check box certifying that the vehicle's taximeter has been inspected and sealed by the county sealer of weights and measures and complies with all requirements of this chapter;

10. A completed taxicab inspection report, in a form provided by the chief of police, showing that each vehicle identified in the application has, within the previous 90 days, successfully passed a safety inspection by an auto repair facility with a valid license from the State Bureau of Automotive Repairs;

11. Such other information as the chief of police, in his or her discretion, deems reasonably necessary to process the application, to conduct an adequate background investigation, and to determine the safety of the vehicle, as well as the service to be rendered;

12. An agreement to indemnify, defend, and hold the city harmless against any and all liability arising from the operation of the vehicles to be covered by the operator's certificate.

B. It shall be the obligation of the operator to update the police department within seven business days when any of the information required to be submitted in accordance with subsection (A) of this section is subject to change.

(Ord. 15-1400 § 1 (Exh. A), 2015)

A. Amount. Application and renewal fees for operator's certificates shall be the amount set forth in the city's fee schedule.

B. Due Date. Application fees are payable at the time of application submission. Renewal fees are payable on January 1st of each year.

C. Lapse of Certificate. Failure to pay an application or renewal fee when due shall cause denial of the application or renewal.

(Ord. 15-1400 § 1 (Exh. A), 2015)

A. After receiving the operator's application, the chief of police shall conduct an investigation, which shall include a criminal background check. Within 90 days of completing the investigation the chief of police shall either grant or deny the application for a certificate. If the chief of police denies the application, such denial shall be based on one or more of the following:

1. Any taxicab proposed to be operated is inadequate or unsafe for the purpose intended;

2. The applicant or any person financially interested in the application has been convicted of a felony or of any penal law involving moral turpitude, including theft or fraud; provided, that the chief of police may nonetheless grant the application by taking into consideration the nature of the conviction, age, rehabilitation status, and the relationship of the crime to the operator's ability to operate taxicabs;

3. The application is incomplete or the applicant has falsified or made a material misrepresentation in his or her application;

4. The proposed color scheme or characteristic insignia will tend to confuse the identification of the vehicles proposed to be operated with those of another operator operating in the city;

5. The name under which the applicant proposes to operate will tend to cause confusion with that of another operator operating in the city;

6. The applicant cannot procure insurance as required by PMC § 5.56.370;

7. The applicant does not have adequate facilities for parking, storage and servicing of its taxicabs;

8. Granting the applicant an operator's certificate would exceed the number of taxicabs permitted to operate within the city as provided in PMC § 5.56.100;

9. In the case of a renewal application, the holder of the operator's certificate, after hearing, failed to comply with the provisions of this code or of advertising requirements of Government Code Section 53075.9.

B. No certificate shall be issued to any person unless such person shall have filed with the office of the city clerk a certificate of insurance as evidence of automobile liability insurance providing bodily injury and property damage liability coverage in amounts not less than those specified by the chief of police. The insurance obtained by the certificate holder shall comply with the requirements of PMC § 5.56.370.

C. If the chief of police approves the certificate, failure of the applicant to place each taxicab authorized in the certificate into service within 30 days after approval shall subject the applicant to certificate revocation proceedings pursuant to PMC § 5.56.180.

(Ord. 15-1400 § 1 (Exh. A), 2015)

A. If such certificate is granted, it shall contain the following provisions:

1. The name under which the business is to be operated and the name of the certificate holder;

2. The term for which the certificate is granted;

3. A brief description of each vehicle and a statement of the maximum seating capacity of each such vehicle which the certificate holder is permitted to operate;

4. The number of taxicabs to be operated by the operator, and that the operator shall procure prior approval by the chief of police before substituting any taxicab for another vehicle or operating any taxicabs in excess of the authorized number;

5. Such conditions or additional matters as the chief of police may deem necessary or proper.

B. At the time of the issuance of a certificate for the operation of any vehicle under this chapter, the chief of police shall assign a number for that vehicle and provide a sticker or window cling containing "City of Pittsburg," the name of the taxicab business, the operator certificate number, and vehicle number assigned by the chief of police.

(Ord. 15-1400 § 1 (Exh. A), 2015)

Notwithstanding the provisions contained in this chapter, the applicant shall, unless exempt therefrom, procure a city business license pursuant to Chapter 5.04 PMC.

(Ord. 15-1400 § 1 (Exh. A), 2015)

A. Term. An operator's certificate issued pursuant to this chapter shall be for a calendar year and signed by the chief of police. Such certificate shall expire on December 31st in the year it was issued. Such certificate shall be posted conspicuously in the operator's principal place of business located within the city.

B. Renewal. An operator's certificate may be renewed by filing with the chief of police an application for renewal at least 30 days prior to expiration. The renewal application shall set forth the information and documentation requested in the original application. Said application for renewal shall be subject to investigation pursuant to PMC § 5.56.130. Renewal applications must be made prior to expiration of issued operator's certificate. If operator's certificate is renewed after expiration date, the application will be considered as new.

C. Transferability. No operator's certificate issued under this chapter shall be assignable or transferable.

(Ord. 15-1400 § 1 (Exh. A), 2015)

Every operator shall include the number of its operator's certificate in every written or oral advertisement of its services.

(Ord. 15-1400 § 1 (Exh. A), 2015)

A. A certificate issued to an operator under this chapter may be suspended immediately upon a finding by the chief of police that the holder has engaged in conduct that presents an immediate risk to the continued health, safety, or welfare of the general public. Any suspension may be appealed under the terms of this chapter.

B. A certificate issued to an operator under this chapter may be revoked for cause by the chief of police or his or her designee, after notice and hearing, for any of the reasons specified as grounds for denial of the issuance of the certificate, for violation of any of the provisions of this chapter, for failure to procure insurance or renew insurance or update the schedule of insured vehicles as required under this chapter, or for failure to pay any judgment for damages arising out of the operation of vehicles for which certificates have been issued pursuant to this chapter.

(Ord. 15-1400 § 1 (Exh. A), 2015)