Rancho Cordova Municipal Code Art. I Special Business License Required

Adequate emergency medical services, including ambulance services, are indispensable to the health, safety and well-being of the Rancho Cordova community.

Because of the geographic nature of the city, the proximity of hospitals and other health care centers, the inability of ambulance services to recover charges for emergency responses to low income persons and responses to false alerts and other calls which do not result in the provision of a service, and other factors, a fragmented delivery system with unlimited competition in the delivery of such services, whether by public or private entities, will not guarantee either adequate response to all areas of the city and to all income segments of the population or affordable and cost-effective services.

Pursuant to the provisions of the Emergency Medical Services Act (Section 1797 et seq. of the Health and Safety Code), Section 13862(e) of the Health and Safety Code, and the city's emergency medical services plan, the purposes of this chapter are to establish a regulatory system by licensing and otherwise, to administer and control the provision of emergency ambulance services, including emergency ambulance services, and to impose affirmative service obligations to be performed by licensees, guaranteeing the adequacy and efficiency of emergency ambulance services to the city.

(SCC 578 § 8 (part), 1983; SCC 0923 § 1, 1993; SCC 0924 § 1, 1993; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 38-2007 § 1 (Exh. 1(A)))

The county director of the department of health and human services is charged with the responsibility of administering the regulations imposed by this chapter and exercising the authority conferred thereby. Such authority shall include the power and duty to issue special business licenses authorizing ambulance services, promulgate and enforce administrative regulations, enter into contracts, designate advance life support transportation providers and otherwise perform the duties and exercise the authorities conferred herein.

To these ends, the county director of the department of health and human services shall be vested with the same powers and authorities in relation to ambulance services and the issuance and administration of special business licenses therefor as are vested in the chief of police under RCMC § 4.02.070, § 4.02.085, § 4.02.100 and § 4.02.105; and RCMC § 4.10.000 through § 4.10.155. Any reference to the chief of police in said sections shall be deemed to be a reference to the director in relation to ambulance services.

Whenever the term "director" is used in this chapter, the term shall mean the county director of the department of health and human services.

(SCC 578 § 8 (part), 1983; SCC 0869 § 14, 1992; SCC 0924 § 1, 1993; SCC 1204 § 13, 2001; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 38-2007 § 1 (Exh. 1(A)))

As used in this chapter, the terms defined by RCMC § 4.18.015 through § 4.18.040 shall be ascribed the meanings indicated therein.

(SCC 578 § 8 (part), 1983; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

"Ambulance"

means any privately or publicly owned or leased vehicle specifically constructed, modified, equipped or arranged and used for the purpose of transporting sick or injured persons and which responds or may respond to medical emergency calls in this city.

(SCC 578 § 8 (part), 1983; SCC 0923 § 1, 1993; SCC 0924 § 1, 1993; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 38-2007 § 1 (Exh. 1(A)))

"Ambulance service"

means the activity, business or service conducted by any person, for hire, profit or otherwise, of transporting in medical situations one or more patients by ambulance on or in any of the streets, roads, highways, alleys or any public way or place in the city.

(SCC 578 § 8 (part), 1983; SCC 0923 § 1, 1993; SCC 0924 § 1, 1993; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 38-2007 § 1 (Exh. 1(A)))

"Attendant"

means a trained, qualified individual who, regardless of whether such individual also serves as driver, is responsible for the care of ambulance patients and who has met all license and other requirements established under applicable state laws and regulations.

(SCC 578 § 8 (part), 1983; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

"Person"

shall mean a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture or other individual entity carrying on an enterprise, business or service for which a permit or license must first be procured, and shall include any officer, employee, agent or other representative by or through whom the enterprise, business or service is operated or conducted, and charitable, philanthropic and other nonprofit entities and enterprises as well as those which are for profit.

"Person"

shall also include a public agency, including but not limited to a city, fire protection district, or community services district and any officer, employee or agent thereof while acting in the capacity as such, except as otherwise provided by the Emergency Medical Systems Act.

(SCC 0923 § 2, 1993; SCC 0924 § 1, 1993; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

"Driver"

means an individual who drives an ambulance and who has met all license and other requirements established under applicable state law and regulations.

(SCC 578 § 8 (part), 1983; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

"Emergency"

means a situation in which there is a perceived physiological or psychological need for immediate medical care, based on an injury or other unforeseen acute physical or mental disorder which apparently threatens life or function.

(SCC 578 § 8 (part), 1983; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

"Patient"

means a person who is in need of medical emergency ambulance services.

(SCC 578 § 8 (part), 1983; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

The director is hereby authorized to divide the city into service areas for the provision of emergency ambulance services, each service area to be known as an emergency response zone. The zones shall be described on a map which is maintained in the office of the director, and is available for public inspection during regular office hours. Notwithstanding any provision to the contrary, those emergency response zones established by the director in advance of the date of enactment of this chapter shall remain in full force and effect until hereafter amended or revised.

Subject to preemptory amendment by the city council at any time following a public hearing, notice of which is given in the manner prescribed by RCMC § 4.02.090, the director shall be authorized from time to time to amend, revise, create, abolish or otherwise alter the boundaries of emergency response zones.

The notice of the annual public hearing relating to rates required by RCMC § 4.18.130 shall inform the public of its right to inspect the then-current emergency response zone map, and invite public comment thereon during that hearing. At the conclusion of that public hearing, the director, in addition to the determinations required by RCMC § 4.18.130 relating to rates, shall make a determination respecting affirmance or modification of the emergency response zones in the same manner and in accordance with the same procedure as is applicable to rate determinations; provided, that findings of fact and conclusions shall not be required. The director's determination shall be appealable to the city council in the same manner and in accordance with the same procedures as are applicable to rate determinations under RCMC § 4.18.135.

Emergency response zones shall be defined in a manner which best promotes the provision of emergency ambulance services, and in formulating such zones, such factors as the following shall be considered: the geographical area to be served in relation to the public street system, the distribution of population, the proximity of hospitals and other health care centers, minimally necessary response times, and the economics of ambulance services.

(SCC 578 § 8 (part), 1983; SCC 0923 § 1, 1993; SCC 0924 § 1, 1993; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 38-2007 § 1 (Exh. 1(A)))

Except as provided by RCMC § 4.18.055, no person shall operate or conduct a business which responds to a location within the city for the purpose of providing an emergency ambulance service to an individual at that location, unless under and by authority of a valid, unexpired and unrevoked special business license authorizing emergency ambulance services issued pursuant to the provisions of Chapter 4.10 RCMC and this chapter.

Unless dispatched by the county communications center, no person possessing a special business license authorizing ambulance services shall respond to a location within the city but outside the emergency response zone for which the license is issued for the purpose of providing an emergency ambulance service at the location to which response is made.

No person performing advanced life support services (as defined in Section 1797.52 of the California Health and Safety Code) shall provide ambulance services without a special business license authorizing ambulance services and without being designated as an advanced life support transportation provider by the city's EMS agency.

Any city or fire district having the right to operate an ambulance service pursuant to the provisions of Section 1797.201 of the California Health and Safety Code shall be granted a special business license authorizing ambulance services upon application, receipt by the department of medical systems of all information required to confirm that such applicant has the right to operate an ambulance service under Section 1797.201 of the California Health and Safety Code, and determination by the department that the applicant is so entitled.

(SCC 578 § 8 (part), 1983; SCC 0923 § 1, 1993; SCC 0924 § 1, 1993; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

A special business license shall not be required, and neither the provisions of Chapter 4.10 RCMC nor those of this chapter shall be applicable to:

A. Vehicles operated as ambulances and persons engaged in the ambulance service where ambulance services are rendered at the request of the county communications center or at the request of any public protection agency during and as a result of any state or local emergency, local disaster or local peril proclaimed by a public official pursuant to law;

B. The transportation of an individual in need of emergency medical care at the direction of any peace officer, firefighter or physician licensed to practice medicine in this state, when no ambulance of a licensed ambulance service is available and such transportation is required immediately for the preservation of life;

C. Ambulances transporting patients through the city from locations outside the city to locations outside the city, or from outside the city to a location within the city; or

D. Nonemergency ambulance services provided within the city. [Revised during 2008 codification; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 8 (part), 1983].

A special business license for the provision of emergency ambulance services shall authorize the holder thereof to provide emergency ambulance services within the emergency response zone or zones identified in the license which the provider holds.

Notwithstanding the provisions of RCMC § 4.02.080, the term of special business licenses issued pursuant to the provisions of this chapter shall commence on July 1st and end on June 30th each year, unless earlier suspended or revoked. An initial license shall expire on the June 30th next following the date of issuance, and the fee prescribed pursuant to the provisions of RCMC § 4.02.060 shall be prorated based upon the number of months within the initial term.

The amendment of an emergency response zone by revision of the boundaries thereof or otherwise by the director or city council pursuant to RCMC § 4.18.045 shall become effective as to any licensee affected thereby 60 days following the date of service of written notice thereof upon the licensee, and the service requirements of the license shall be deemed to be amended accordingly.

(SCC 578 § 8 (part), 1983; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

The director shall authorize emergency ambulance services within each emergency response zone by such number of holders of special business licenses as he or she, in his or her discretion, determine will best promote the public interest. The public interest shall be deemed best promoted by the apportionment of services in a manner which assures the most comprehensive, reliable and expeditious emergency ambulance service in all areas, at the lowest cost to the consumer, and with the least amount of city subsidy necessary to underwrite the uncompensated costs thereof. In determining what best promotes the public interest, the director shall consider such factors as the economics of ambulance services; the benefits, if any, of rate competition; the socioeconomic composition of the population served; the geographic population distribution within each emergency response zone; the geographical characteristics of such zone in relation to the available traffic circulation systems; the ambulance service capacity possessed by providers; the capital investment required to provide emergency ambulance services; and the practical difficulties, if any, of enforcing uneconomical service mandates.

(SCC 578 § 8 (part), 1983; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

Notwithstanding the provisions of RCMC § 4.10.025, the application for a special business license to provide ambulance services shall be filed in the office of the director.

In addition to the matters prescribed by RCMC § 4.10.030, an application shall contain the following:

A. All names under which the applicant has engaged, does, or proposes to engage in ambulance services;

B. A description of each ambulance, including the make, model, year of manufacture, motor and chassis numbers, and current state license numbers;

C. Assurance that the applicant has obtained all licenses and permits required by the state laws or regulations for ambulances and ambulance operators;

D. The station location from which the ambulance will operate;

E. Evidence of such financial responsibility or insurance coverage as may be required by the director in regulations issued by him;

F. Designation of which emergency response zone or zones the applicant proposes to serve with emergency ambulance services; and

G. With respect to new applicants only, all facts which the applicant desires to present for the purpose of showing that the issuance of the license to provide emergency ambulance services within the zone or zones proposed would best promote the public interest.

(SCC 578 § 8 (part), 1983; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

A. Prior to action upon an application, the application shall be referred for written recommendation to any advisory body which has been designated by the city council to act thereon.

B. The director shall issue a special business license to provide emergency ambulance services unless:

1. One or more of the findings prescribed by RCMC § 4.10.040 are made; or

2. The director finds in writing that the applicant is not capable of conducting or operating the ambulance service in a manner which is safe and otherwise satisfies minimum medical standards relating to the transportation or medical care of patients; or

3. The director finds in writing as to a particular zone for which application is made that provision of the emergency ambulance service would not best promote the public interest.

C. That definition of "best promote the public interest" contained in RCMC § 4.18.065 shall apply to the determination by the director under this section, and those factors prescribed by said section shall be considered.

D. The refusal of the director to approve a proposal to provide emergency ambulance services within a particular emergency response zone shall be evidenced by a written notice containing the finding which is served upon the applicant; and shall be deemed to constitute a form of denial of the application which authorizes an appeal under RCMC § 4.10.115, even if the license is issued authorizing service in another zone.

(SCC 578 § 8 (part), 1983; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

The applicant and permittee shall report to the director any change in the data required in RCMC § 4.18.070 within 10 days of the effective date of the change, except that any change in the data required by RCMC § 4.10.030(C) or (D) and RCMC § 4.18.070(D) shall be reported immediately. No change or addition of ambulance station location may be made without the prior written consent of the director. [Revised during 2008 codification; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 8 (part), 1983].

At his initiative, and at the request or direction of the city council, the director shall conduct such investigations respecting the efficiency, adequacy and quality of the delivery of emergency ambulance services as the director, in his or her sole discretion, or city council, in its sole discretion, determines necessary or appropriate for protection of the public welfare.

The director may prepare and issue such written reports concerning the results of any investigations conducted as he or she deems appropriate, and shall prepare and issue such reports as may be directed by the city council. Any such reports shall omit the names and any other personally identifiable information concerning persons who have received emergency ambulance services, and shall also omit any data respecting the salaries or other compensation of the personnel of an ambulance service, the earnings from business operations and other financial data of an ambulance service, and any other information or data which the director deems that the public interest requires be confidentially maintained.

(SCC 578 § 8 (part), 1983; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

Each ambulance, its equipment and the premises designated in the application, and all records relating to maintenance and operation of an ambulance service, shall be open to inspection during regular working hours by the director or his or her designated representative.

The refusal by a licensee or an officer, employee or agent thereof to permit inspection by the director or designated representative pursuant to the authority conferred by this section shall constitute grounds for suspension or revocation of the special business license.

(SCC 578 § 8 (part), 1983; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

Each holder of a special business license pursuant to this chapter shall pay to the city fees in such amounts as are annually prescribed by resolution adopted by the city council. Revenue from such fees shall not exceed the costs incurred by the various departments of city government in administering, regulating and monitoring the provisions of this chapter.

Holders of such licenses may be required to pay a monthly or annual fee, and the amount of such fee may be differentiated based upon the number of ambulances utilized by the licensee, the number of patient transports performed by the licensee on an annual or monthly basis, or other factors designed to reasonably apportion the cost of administration, regulation and monitoring.

(SCC 0910 § 1, 1993; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

It is understood that all records maintained by the director are subject to inspection by members of the general public under those terms, conditions and limitations prescribed by Section 6250 et seq. of the Government Code. A licensed ambulance service may file with the director a written request that the director deny inspection or copying to members of the general public of specifically enumerated types of information contained in its application for the special business license or application for renewal thereof, or collected or received by the director or his or her designated representative pursuant to investigations or inspections authorized by RCMC § 4.18.085 or § 4.18.090. The written request shall: (A) identify in specific detail the information to be denied inspection; (B) offer to compensate the city for such administrative costs as may be incurred in the alteration of records or supervision of inspection in such a manner as to deny inspection of the materials specified and permit inspection of other material; (C) shall offer to defend the city and any officer, employee or agent thereof against any lawsuit commenced for the purpose of obtaining a court order authorizing inspection, identifying the name and business address of the attorney who would provide the defense at the sole cost and expense of the licensee; and (D) shall promise that all costs, fees or damages, including attorneys' fees, incurred by the city in refusing inspection would be paid directly by the licensee at its sole cost and expense.

With respect to any specifically identified data or information the disclosure of which is requested by a licensee to be denied, which the director finds would not be relevant as evidence in any proceeding relating to the issuance, renewal, suspension or revocation of a special business license under the provisions of Chapter 4.10 RCMC and this chapter, the director shall deny to a member of the general public the opportunity to inspect or copy a record containing the information from and after the date of receipt of the request filed in the manner and form prescribed above and deposit of any reimbursement required to cover the cost of implementing the denial of inspection.

In any proceeding commenced for the purpose of enforcing a right to inspect data or information covered by a request by a licensee, the director may elect that defense of the city, the director or the city's other officers, employees or agents be conducted and performed by the city attorney. In such event, the licensee shall pay to the city the cost of all services rendered by the city attorney according to the standard hourly rate which the city attorney charges for the rendition of legal services, in addition to all costs, fees and damages which the licensee may be required to pay directly to the party or parties who have prosecuted the litigation.

The failure of any licensee to comply with the promises contained in a request filed pursuant to this section, or to fulfill any financial obligations imposed by this section, shall constitute grounds for suspension or revocation of the special business license. In addition, the city shall be authorized to recover from the licensee as a debt all amounts, plus interest, which a licensee becomes obligated to pay under this section. [Revised during 2008 codification; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 578 § 8 (part), 1983].