San Fernando Municipal Code Div. 2 Certificate of Public Convenience and Necessity

It shall be unlawful for any person to engage in the business of operating any taxicab in the city without first having obtained from the city council a certificate of public convenience and necessity. All persons applying for such a certificate shall file with the city council a sworn application which shall set forth the following:

(1) The names and residence addresses of the owner, the person applying and the person financially interested in the operation of the taxicabs.

(2) The fictitious name, if any, under which such applicant does business or proposes to do business.

(3) The business addresses of all persons, directors, officers, trustees and/or other individuals connected or professed to be connected, directly or indirectly, with the business.

(4) The number of vehicles actually owned and the number of vehicles actually operated by such owner on the date of the application.

(5) The number of vehicles for which a certificate of public convenience and necessity is desired.

(6) A description of each vehicle for which a certificate of public convenience and necessity is requested, giving the name, type, make, year of manufacture and passenger seating capacity.

(7) The color scheme, insignia, name, monogram or other distinguishing characteristics proposed to be used on each vehicle.

(8) The make and type of taximeter intended to be installed in each taxicab.

(9) The street number and exact location of each taxicab stand which the applicant proposes to use.

(10) The proposed schedule of rates to be charged, which shall not exceed those established and set from time to time by resolution of the city council.

(11) A statement of the applicant's estimate of the need for taxicab service, supported by factual data.

(12) A financial report of the applicant.

(13) The experience of the applicant in the transportation of passengers.

(14) Any facts which the applicant believes would show that public convenience and necessity require the granting of a certificate.

(15) Such other information as the city council or city administrative officer may require.

(Code 1957, § 26.2)

Each application for a certificate of public convenience and necessity shall be accompanied by an application fee of $50.00 plus $15.00 for each taxicab covered by the initial application. Each person obtaining a certificate shall pay, in addition to any fees required under this article, the annual license fee required by section 22-174 of this Code.

(Code 1957, § 26.3)

Upon receipt of the fully completed application for a certificate of public convenience and necessity to engage in the business of operating a taxicab, the city clerk shall set a time not sooner than ten and not more than 30 days thereafter for the hearing of the application before the city council.

(Code 1957, § 26.4)

Seven days' written notice of each hearing shall be given to the applicant and to all persons to whom certificates of public convenience and necessity for operation of a taxicab have been issued. Due notice of the time and place of the public hearing before the city council shall be given to the general public by causing a notice of such hearing to be posted in at least three public places within the city.

(Code 1957, § 26.5)

No certificate of public convenience and necessity for operating a taxicab shall be granted until the council shall, after the hearing, declare by resolution that the public convenience and necessity requires the proposed service and that the following conditions exist:

(1) The applicant is financially responsible and the officers of the applicant are of good moral character.

(2) The applicant shall own and operate the vehicles described in the application, and the applicant shall not lease the vehicles or enter any similar agreement under which another person shall pay the applicant for the use of such vehicles.

(3) The persons holding permits or licenses for the operation of motor vehicles for hire are under an experienced and efficient management earning a fair and reasonable return on the capital devoted to such service.

(4) The applicant has complied with the provisions of all city, state and federal laws applicable to the proposed operations.

(5) The service requested will not result in a greater hazard to the public and will not create traffic congestion or parking problems.

(6) The vehicles described in the application and proposed to be used are adequate and safe for the purpose intended.

(7) The color scheme, insignia, name, monogram or other distinguishing characteristic proposed to be used on such vehicle is not in conflict with and does not imitate any color scheme, insignia, name, monogram or other distinguishing characteristic used by any other person in such manner as to mislead or tend to mislead, deceive or defraud the public, and no other color scheme, insignia, name, monogram or other distinguishing characteristic has been designated for such applicant.

(8) Existing transportation is inadequate to meet the public need.

(9) All the information contained in the application has been verified as true and sufficient.

(10) The location of any proposed taxicab stand is such that it will not congest or interfere with travel on any street or use thereof by the public, and the proposed stand is not within 300 feet of any other stand on the same street, except that at and across any intersection, stands may be permitted within 200 feet of one another.

(Code 1957, § 26.6)

If the council finds that the taxicab service applied for is required by the public convenience and necessity and that the applicant is fit, willing and able to perform such public transportation and to conform to this Code and all rules promulgated by the city administrative officer, the city shall by resolution declare that the certificate of public convenience and necessity be issued by the city administrative officer. Such certificate shall specifically designate the number of taxicabs authorized by the certificate.

(Code 1957, § 26.7)

If the council finds that the public convenience and necessity does not justify the granting of the certificate of public convenience and necessity for operation of a taxicab, it shall deny the application and forthwith notify the applicant of the finding.

(Code 1957, § 26.8)

The council may, upon a showing at a public hearing as provided in section 102-78 that the public convenience and necessity justify the operation of additional taxicabs, amend an existing certificate of public convenience and necessity to authorize such additional taxicabs. Each application for a modification of a certificate of public convenience and necessity shall be accompanied by an application fee of $25.00 plus $15.00 for each additional taxicab requested.

(Code 1957, § 26.9)

No certificate of public convenience and necessity issued pursuant to this division may be sold, assigned, mortgaged or otherwise transferred without the consent of the city council.

(Code 1957, § 26.11)

(a) The certificate of public convenience and necessity issued under this division to any applicant shall be for a period of one year, at the end of which time the certificate holder may reapply for a new certificate.

(b) The holder of a certificate shall apply to the city administrative officer for a certificate renewal. The application shall include a renewal fee of $25.00, plus $15.00 per taxicab authorized in the certificate.

(c) All certificates are subject to revocation in the manner prescribed in this division.

(Code 1957, § 26.12)

After the service for which a certificate is granted under this division is discontinued or if the person sells his business or discontinues his business for a period of 45 days, the certificate granted under this division shall be automatically null and void and shall be reissued only in accordance with this division.

(Code 1957, § 26.13)

A certificate issued under this division may be suspended or revoked at any time by the city council if the holder thereof has:

(1) Violated any of the applicable sections of this Code.

(2) Discontinued operations for more than 30 days.

(3) Violated any laws of the city or of the state or of the United States, the violation of which reflects unfavorably on the fitness of the holder to offer public transportation.

(4) Operated the taxicab at a rate of fare in excess of that established and set from time to time by resolution of the city council.

(Code 1957, § 26.14)

Upon being informed that sufficient justification exists to suspend or revoke a certificate issued under this division, the city council shall fix a time and place for a public hearing thereon. At least five days' written notice, setting forth the grounds for suspension or revocation and information regarding the time and place where such hearing will be held, shall be given the holder of the certificate in question and to all persons holding valid certificates. Notice of the time and place of such public hearing before the city council shall be posted in at least three public places within the city.

(Code 1957, § 26.15)

If the city council finds that sufficient justification does exist for the suspension or revocation of a certificate issued pursuant to this division, the city council shall by resolution demand that such certificate be surrendered to the city administrative officer. Certificates which shall have been suspended or revoked by the city council shall forthwith be surrendered to the city administrative officer, and the operation of any taxicab covered by such certificate shall cease and shall be unlawful.

(Code 1957, § 26.16)

If an owner to whom a certificate of convenience and necessity has been issued pursuant to this division desires to sell or transfer his business, the intended buyer must make application to the city for a certificate of convenience and necessity as required by section 102-76. The seller and holder of the certificate must file an affidavit of intention to surrender and cancel the existing certificate and licenses conditionally upon and concurrently with the consummation of sale and issuance of a new certificate and licenses in the name of the buyer. If the buyer applicant meets the requirements as set forth in section 102-81 for the issuance of a certificate of convenience and necessity, the council shall issue a new certificate to the buyer and concurrently therewith shall cancel the seller's certificate.

(Code 1957, § 26.17)