Pomona Municipal Code § 66-67 Taxicab driver permit—Refundable deposits

No person shall drive a vehicle for hire, including but not limited to a taxicab, within the city without first obtaining a driver permit. It shall be unlawful for any vehicle for hire operator to permit the operation of any in-service passenger vehicle for hire by a person who has not complied with the terms of this division.

As used in this division, the term "driver permit" includes driver permits issued to taxicab drivers, unless specifically stated herein.

(Ord. No. 4150, § 2, 11-7-2011)

(a) No person shall be issued a driver permit who has not been fingerprinted and had a background investigation completed by the Pomona Police Department or another local agency within the previous twelve months, subject to review by the chief of police.

(b) No person shall be issued a driver permit who is not 18 years of age or older. Any person under the age of 18 years who operates a vehicle for hire for the purpose of transporting passengers for hire is guilty of a misdemeanor.

(c) No person shall apply for or be issued a taxicab driver permit to drive a taxicab unless he or she has been offered employment as a driver of a taxicab by a taxicab operator with a current vehicle for hire operator permit and one or more currently licensed taxicabs.

(d) No person shall be issued a taxicab driver permit unless he or she has passed a drug test administered pursuant to a drug testing program meeting the requirements of California Government Code Section 53075.5(b)(3).

(Ord. No. 4150, § 2, 11-7-2011)

(a) Each application for a driver permit or taxicab driver permit shall be made on an application form provided by the city and submitted to the business license division. Each completed application shall be submitted with the following:

(1) Two (2) color passport photographs with the application.

(2) Copy of the applicant's current California Driver's License.

(3) Copy of DMV printout issued within the last 30 days.

(4) Copy of any state license as may be required for operating a passenger vehicle otherwise regulated by state or other law.

(5) Offer of employment letter from operator of one or more vehicles for hire currently licensed by the city.

(6) Proof of negative drug test within the past one (1) year pursuant to the requirements of California Government Code Section 53075.5(b)(3).

(7) Any additional information as may be deemed necessary.

(8) Payment of the permit processing fee, fingerprinting fee, background investigation fee, as set by resolution of the city council.

(9) Payment of a $100.00 refundable taxicab driver permit deposit.

(Ord. No. 4150, § 2, 11-7-2011)

(a) All driver permits are issued by the business license division in its discretion.

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

(1) Each and every applicant for a driver permit and taxicab driver 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 driver permit applications are subject to review and approval by the business license division.

(d) Each driver permit and taxicab driver permit approved and issued by the business license division 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 a driver permit application, or revocation of the driver 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 an applicant has any 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 a taxicab driver permit.

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

(i) Any application submitted for a driver permit, or a driver permit, may be denied, revoked or suspended if the applicant or permitee has:

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

(2) 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

(3) 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.

(j) In reviewing any application, 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)

(a) Each driver permit shall automatically terminate and become void upon termination of employment from the employer specified in the permit application and stated on the driver permit.

(b) A change of employer during the two-year term of a driver permit will require a new application and issuance of a new driver permit, prior to driving for a new employer.

(c) Applications for renewal of driver permits shall be submitted to the business license division no less than 30 days prior to the expiration date of the current permit, in accordance with the application requirements set forth in section 66-63.

(Ord. No. 4150, § 2, 11-7-2011)

Any person denied a driver 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) Upon the termination of employment of a taxicab driver, the employer shall notify the business license division and return the taxicab driver permit. Upon receiving the returned taxicab driver permit and a written request for refund of the permit deposit, such refund shall be made for any permit(s) returned by the employer prior to the expiration date of the permit.

(b) Deposit refunds shall not be made for taxicab driver permits returned after the expiration date of the permit.

(c) A change of employer during the two-year term of the taxicab driver permit will require a new application and issuance of a new taxicab driver permit, prior to driving a taxicab for the new employer. The refundable permit deposit shall not be charged, provided the previously issued taxicab driver permit is submitted with the new application.

(d) Applicants submitting a taxicab driver permit renewal application shall not be required to pay the refundable permit deposit, provided the permitee is employed by the same taxicab business as when the previous taxicab driver permit was issued.

(Ord. No. 4150, § 2, 11-7-2011)

Each driver permit issued by the business license division shall contain the following:

(a) Name of permitee.

(b) Name and phone number of permitee's employer.

(c) Photograph of permitee.

(d) Type of vehicle to be driven.

(e) "Issued by the City of Pomona".

(f) Signature of the chief of police.

(g) Permit Number.

(h) Date of issuance.

(i) Expiration date.

(Ord. No. 4150, § 2, 11-7-2011)

At any time a vehicle for hire is in service, the driver of such vehicle shall display in view of passengers, thereof, his or her original driver permit, issued by the business license division.

(Ord. No. 4150, § 2, 11-7-2011)