Pomona Municipal Code § 66-40 Business license—Taxes

No person, as defined in this chapter, shall operate, cause, permit or allow to be operated any vehicle for hire upon any streets or other public places in the city without having first obtained a business license from the business license division. Any person in violation of this section shall be guilty of a misdemeanor.

(Ord. No. 4150, § 2, 11-7-2011)

No person shall operate a vehicle for hire upon any streets or other public places in the city without first having obtained an operator permit. No person shall be issued a business license to operate a vehicle for hire without first being issued an operator permit. Any person in violation of this section shall be guilty of a misdemeanor.

(Ord. No. 4150, § 2, 11-7-2011)

It shall be a condition of an operator permit issued pursuant to this chapter that the permitee agrees to indemnify, hold harmless, and defend the city, its city council, and each member thereof, and every officer, agent and employee of the city, from any and all liability or financial loss resulting from any suits, claims, losses, or actions brought by any person, and from all costs and expenses of litigation, including attorney's fees, by reason of injury to any person, including, but not limited to, officers and employees of the permitee, performed under and pursuant to this permit, and any and all activities, operations, and conditions in any manner connected therewith or pertaining thereto. Such indemnity shall include, but not be limited to, any and all liabilities, demands, claims, damages, losses, costs and expenses caused or alleged to have been caused by any negligent or other act of permitee or act of permitee's employees, agents or independent contractors.

(Ord. No. 4150, § 2, 11-7-2011)

(a) Each application for an operator permit shall be made on an application form provided by the city and submitted to the business license division. Each applicant shall submit two copies of the following along with two copies of the completed application:

(1) A copy of the applicant's current California Driver's License;

(2) A driving record printout issued by the California Department of Motor Vehicles within 30 days prior to application submittal;

(3) Schedule of rates to be charged for service to be provided by such vehicle;

a. Taxicab operators shall include rate per mile, waiting rate and any other rate that may be charged.

b. Medical transportation Operators shall submit the maximum rates to be charged and the basis for such charges.

(4) If the applicant's business offices are not located in the city, a copy of the current business license issued by the city where the applicant's business offices are located; if the applicant's business offices are located in the city or the applicant otherwise has a location in the city, a copy of a zoning clearance issued by the city.

(5) Payment of the permit processing fee to cover the cost of fingerprinting, background investigation and permit issuance, as set by resolution of the city council; and

(6) Any additional information as may be deemed necessary by the business license division or chief of police.

(Ord. No. 4150, § 2, 11-7-2011)

(a) Operator permits shall be issued by the business license division.

(b) All operator permit applications are subject to review and approval by the chief of police.

(1) Each and every applicant for an operator permit shall be fingerprinted and submit to a background investigation by the Pomona Police Department.

(2) In the event the applicant is a corporation, partnership or any business organization, other than a sole proprietorship, each officer of such corporation, partnership or business organization, shall be fingerprinted and submit to a background investigation by the Pomona Police Department.

(c) All operator permit applications are subject to review and approval by the business license division.

(d) Operator permits shall be valid for two years from the date of issuance, unless revoked or terminated prior to expiration date.

(e) Any convictions of the following statutes or codes shall be grounds for denial of an operator permit application, or revocation of the operator permit:

(1) Penal Code Sections 187, 191.5, 192, 193.7, 207, 209, 212.5, 215, 220, 261, 261.5, 262, 264.1, 266, 269, 273.6, 286, 288, 289, 422.6, or any other subsections thereof;

(2) Health and Safety Code Sections 11351, 11352, 11378, and 11379;

(3) Penal Code Sections 211 and 245, within five years from the date of the application; or

(4) Any crime involving moral turpitude.

(f) If any applicant has a conviction for any crime not listed above, the application will be further reviewed by the chief of police.

(g) Any applicant required to register under the provisions of Penal Code Section 290 (sex offender registrant) shall be denied issuance of an operator permit.

(h) Any operator permit issued to any person required to register under the provisions of Penal Code Section 290 (sex offender registrant) shall be automatically revoked and deemed invalid for all intent and purposes for enforcement of the provisions of this chapter.

(i) Any application submitted for an operator permit, or an operator permit, may be denied, revoked or suspended if the applicant or permitee submitted an application that contains any fallacious statement.

(j) In reviewing any application or potential revocation of an existing permit, the city may consider any information available including but not limited to any pending or past charges against the applicant or any conduct involving moral turpitude.

(Ord. No. 4150, § 2, 11-7-2011)

Operator permits shall expire two years from the date of issuance, unless suspended or revoked. Renewal applications shall require the submittal of forms and fees as required in section 66-34.

Any operator currently operating within the city at the time of adoption of this ordinance shall comply with the requirements of this article within six months of the adoption of this chapter or upon expiration of their current license, whichever occurs first.

(Ord. No. 4150, § 2, 11-7-2011)

Any person denied an operator permit shall be entitled to a hearing thereon as set forth in section 50-348 of this Code.

(Ord. No. 4150, § 2, 11-7-2011)

(a) No operator permit shall be transferable from one person to another. A change in ownership of a vehicle for hire business requires a new operator permit and vehicle business license.

(b) If the permitee is a corporation, partnership or business organization, any change in corporate officers or business owners shall require and be subject to:

(1) Submittal of an amended operator permit application;

(2) Fingerprinting and background investigation of each new officer or owner;

(3) Payment of applicable fees; and

(4) Approval by the chief of police and the business license division, under the same provisions as the original application.

(c) An amended operator permit shall have the same expiration date as the original operator permit.

(d) A change in business name (doing business as) for an operator permit shall require and be subject to:

(1) Submittal of an amended operator permit application;

(2) Submittal of vehicle registration and proof of insurance in the new business name;

(3) Payment of applicable fees;

(4) Approval by the chief of police and the business license division.

(e) The fee for the application to amend an operator permit and vehicle business license shall be set by city council resolution.

(Ord. No. 4150, § 2, 11-7-2011)

(a) A separate business license application shall be required for each vehicle providing service within the city. Each application for a business license shall be made upon forms provided by the city.

(b) The information contained in each application shall be verified under oath by the applicant and submitted to the business license division accompanied by the following:

(1) A copy of the applicant's current operator permit issued by the business license division;

(2) A copy of the current vehicle registration issued by the California Department of Motor Vehicles;

(3) One set of color photos, at least 5″ × 7″ in size, of the front, both sides and the rear of the vehicle to be licensed;

(4) A vehicle inspection form signed by a certified automotive mechanic;

(5) Proof of insurance sufficient to comply with the requirements set forth in Division 7, Chapter 4 of the California Vehicle Code (Vehicle Code § 16500 et seq.);

(6) Such other information as may be required by the business license division;

(7) Payment of the application fee, as set by city council resolution, and the business license tax set forth in section 66-40.

(Ord. No. 4150, § 2, 11-7-2011)

(a) The following license tax shall be paid in advance for each vehicle for hire (as adopted by Ordinance No. 2776 and adjusted by CPI pursuant to Pomona City Code section 50-415):

(1) $25.50 quarterly or $102.00 annually, per vehicle capable of seating one to five passengers.

(2) $36.50 quarterly or $146.00 annually, per vehicle capable of seating six to seven passengers

(3) $41.50 quarterly or $166.00 annually, per vehicle capable of seating eight to 15 passengers

(4) $49.75 quarterly or $199.00 annually, per vehicle capable of seating over 15 passengers.

(b) The business license tax set forth in subsection (a), above, shall be adjusted in accordance with section 50-415 of this Code.

(Ord. No. 4150, § 2, 11-7-2011)

An application submitted for a business license, or a business license issued pursuant to this chapter, may be denied, revoked or suspended by the business license division if the applicant or licensee has:

(a) Submitted an application that contains any fallacious statement;

(b) Failed to maintain proof of compliance with the insurance requirements set forth in Division 7, Chapter 4 of the California Vehicle Code (Vehicle Code § 16500 et seq.); or

(c) Violated any provisions set forth in this chapter or other provision of the Pomona City Code, or the laws of the United States or the State of California, the violation of which reflect unfavorably on the fitness of the applicant or licensee to offer public transportation.

(Ord. No. 4150, § 2, 11-7-2011)

Any person denied a business license for a vehicle for hire shall be entitled to a hearing thereon as set forth in section 50-348 of this Code.

(Ord. No. 4150, § 2, 11-7-2011)

(a) Business licenses issued pursuant to this article shall be renewed according to the schedule set forth in section 50-345 (a) and (b) of this Code.

(b) Renewal applications shall be submitted in the same form and require the same materials and fees as original applications.

(Ord. No. 4150, § 2, 11-7-2011)

No business license issued pursuant to this chapter shall be sold, transferred, assigned, mortgaged or otherwise conveyed, by operation of law or otherwise. The sale, transfer, assignment, mortgaging or otherwise conveying of any such business license shall be grounds for revocation of such license by the business license division.

(Ord. No. 4150, § 2, 11-7-2011)