Article II — Carrier Permit

No person may operate as a carrier in the city without a carrier permit unless excepted under PHMC § 6.10.030.

(1991 code § 6-17.8; Ord. 635 § 1, 1990)

A carrier for whom a carrier permit is required shall file an application with the city on a form prescribed by it, and pay the applicable fees set by resolution of the city council. The application shall include the following information:

• A. The name and address of the carrier;

• B. The type of business organization, if any; and financial status of the carrier;

• C. The description of the carrier's taxicabs, giving:

  1. Trade name, year and model;

  2. Motor and serial number;

  3. State license number;

  4. Seating capacity;

  5. Type of brakes;

  6. Type of steering;

  7. Modification of factory equipment;

  8. Body style; and

  9. The location of the place where the carrier proposes to stand each taxicab;

• D. The proposed schedule of rates or fares to be charged for carrying passengers;

• E. Any distinctive color scheme, name, monogram, or insignia to be used on the vehicles;

• F. The make and type of taximeter, if any, to be used in each taxicab;

• G. The past experience of the carrier;

• H. A statement showing whether or not a permit has been revoked, and if so, the circumstances of the revocation; and

• I. Such further information as the city prescribes. (1991 code § 6-17.9; Ord. 635 § 1, 1990)

Upon the filing of an application, the city manager shall set a time for a public hearing on the application. The city clerk shall provide the following three public hearing notices. First, notice shall be published in a newspaper of general circulation at least once a week for two consecutive weeks prior to the date of the public hearing. The notice shall state the time, place, purpose and subject matter of the hearing. Second, notice of the hearing shall be mailed to all carrier permit holders at least seven days in advance of the hearing. Third, notice of the hearing shall be posted at least seven days in advance of the hearing in the four places designated for posting city ordinances.

(1991 code § 6-17.10; Ord. 635 § 1, 1990)

• A. At the time set for the hearing of the application, city council shall examine the application and provide a hearing for any persons interested in the matter.

• B. City council shall determine whether the public interest, convenience and necessity require the issuance or the denial of the permit. If city council finds that taxicab service is required by the public convenience and necessity and that the applicant is fit and able to perform the service, city council shall by resolution issue a carrier permit. The resolution shall state the name and address of the carrier, the number of taxicabs authorized, the finding supporting the public convenience and necessity, and the issuance date.

• (1991 code § 6-17.11; Ord. 635 § 1, 1990)

In determining whether the public convenience and necessity requires the issuance of a permit, city council shall consider:

• A. The number of taxicabs already in operation;

• B. Whether existing transportation is adequate to meet the public need;

• C. The effect of increased service on local traffic; and

• D. The character, experience and responsibility of the applicant.

(1991 code § 6-17.12; Ord. 635 § 1, 1990)

City council may impose conditions on the carrier permit if it finds that the interests of the public require it. The permit may not be sold, assigned, mortgaged or otherwise transferred without the consent of the city council.

(1991 code § 6-17.13; Ord. 635 § 1, 1990)

The city manager may revoke or suspend the permit if the carrier:

• A. Violates this chapter;

• B. Discontinues operation for more than 48 hours; or

• C. Violates any city, state or federal law which reflects unfavorably on the carrier's fitness to provide public transportation.

(1991 code § 6-17.14; Ord. 635 § 1, 1990)

Prior to revocation or suspension the carrier shall be given notice and opportunity to present evidence on its behalf before the city manager. The decision of the city manager may be appealed to the city council by written notice to the city manager within 15 days of the decision. The city council will then hear the carrier's appeal, review the evidence presented, and make the final decision whether revocation or suspension is warranted. (1991 code § 6-17.15; Ord. 635 § 1, 1990)