Chapter 6.64

TAXICAB AND LIMOUSINE SERVICE REGULATIONS*

Parts:

• 1 Taxicabs - General Provisions

• 2 Definitions

• 3 Taxicab Stands and Call Boxes

• 4 Taxicab License

• 5 Insurance Requirements

above, is for all purposes the act or omission of the owner operating the for-hire transportation services regulated by this chapter. (Ord. 22459.)

Any notice required under this chapter to be given to the applicant, owner or driver, may be given by first class mail with postage prepaid, at the address designated for such purpose on the application.

(Ord. 22459.)

• 6 Taxicab Driver's Permit

Part 2

• 7 Suspension and Revocation

• 8 Appeal to the Board

DEFINITIONS

• 9 Limousines

Sections:

Part 1

TAXICABS - GENERAL PROVISIONS

Sections:

• 6.64.045 Accessible vehicle.

• 6.64.047 App.

• 6.64.050 Board.

This chapter is to further the public convenience and necessity of transportation services by taxicabs and limousines, and is enacted pursuant to the Constitution of the State of California and the Charter of the City of San José. (Ords. 19311, 22459.)

The act or omission of any owner's officer, agent, employee or independent contractor, or of any driver whose services are engaged by any of the

*State law references— For statutory provisions authorizing local authorities to license and regulate vehicles for hire, see Vehicle Code §§ 16501, 21100 and 21112; for provisions on the financial responsibility of commercial passenger vehicles, see Vehicle Code § 16500 et seq.

• 6.64.055 Clean fuel vehicle.

• 6.64.060 For hire.

• 6.64.070 Limousine.

• 6.64.080 Owner.

• 6.64.090 Taxicab.

• 6.64.100 Taximeter.

For purposes of this chapter, certain words and phrases are defined and shall be construed as set forth herein unless it is apparent from the context that a different meaning is intended. (Ords. 19311, 22459, 29707.)

"Accessible vehicle" shall mean vehicles which comply with the Americans with Disabilities Act of 1990 (ADA) accessibility standards for transportation vehicles or other requirements for accessible vehicles under the ADA or other applicable state or federal authority. (Ords. 29144, 29707.)

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§ 6.64.047

"App" shall mean a self-contained program or piece of software application designed to fulfill requests for dispatch services that is downloadable by a user to a computer or mobile device. (Ord. 29707.)

ger hiring the vehicle and the owner or driver of the vehicle. Such charges may be on a mileage, trip, or time basis, or any combination thereof.

(Ords. 19311, 22459, 29707.)

"Board" means the San José Appeals Hearing Board as established pursuant to Section 2.08.600 of this Code.

(Ords. 19311, 22459, 28682, 29707.)

"Clean fuel vehicle" shall mean vehicles under the State of California's exhaust emission standards with the following ratings:

• A. Super ultra-low emission vehicle (SULEV) or higher; or

• B. Ultra-low emission vehicle 2 (ULEV 2) which are dedicated to utilizing only alternative fuel, neither gasoline nor diesel, and have a model year less than 2010.

• (Ords. 29144, 29707.)

A vehicle is "for-hire" if any fare, rate, fee, charge, or other consideration is payable for the transportation service of the vehicle, whether paid or not.

(Ords. 19311, 22459, 29707.)

A "limousine" is a passenger vehicle for hire, used to transport passengers on public streets. The charge for the use of a limousine is not determined by a taximeter. "Limousine" includes vehicles exhibiting one or more of the following characteristics:

• A. It does not operate over any fixed or defined route or routes;

• B. It operates between such points and covers such routes as may be directed by the passenger hiring such vehicle; or

• C. The charge for the use of such vehicle is agreed to in advance between the passen-

An "owner" is any natural person, partnership, corporation, firm, or association engaged in the business of operating vehicles for hire. It also includes receivers or trustees appointed by any court. (Ords. 19311, 22459, 29707.)

A "taxicab" is a passenger vehicle for hire, used to transport passengers on public streets. The charge for the use of a taxicab is determined either:

• A. By a taximeter; or

• B. As a prearranged fare/rate provided by app.

• (Ords. 19311, 22459, 29707.)

A "taximeter" is any instrument or device approved for use under the applicable laws of the State of California, which mechanically or electronically calculates the charge for the use of a taxicab. The taximeter registers such charge by means of figures, including dollars and cents, calculated by an initial charge and thereafter a charge for distance traveled, and/or waiting time.

(Ords. 19311, 22459, 29707.)

Part 3

TAXICAB STANDS AND CALL BOXES

Sections:

• A. Except in the event of an emergency, no person shall park, stand or stop any vehicle other than a taxicab, in a space designated as a taxicab stand.

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• B. Except for taxicab stands located on the San José International Airport, taxicab stands shall be maintained only at such locations as designated by the city's traffic engineer in accordance with Section 11.52.180 of this Code.

• C. The city's director of aviation shall have the authority to designate the locations of taxicab stands on the San José International Airport.

• D. A fee shall be paid for each taxicab stand utilized by a taxicab in accordance with the fee schedules established by resolution of the city council. Said fee shall be paid monthly, in advance, to the office of the director of finance.

(Prior code § 6461, 6.64.400; Ords. 19311, 20643, 20924, 21285, 22459.)

• A. Upon written application by any holder of a taxicab license issued under this chapter, the city's director of public works may grant the holder permission to install telephone call boxes on certain posts or poles in the city to facilitate its dispatching services.

• B. The director of public works may impose reasonable conditions on such permission as the director deems necessary.

(Prior code § 6472, 6.64.370; Ords. 19311, 22459.)

Part 4

TAXICAB LICENSE

Sections:

• 6.64.130 License requirement.

• 6.64.140 Minimum number of taxicabs.

• 6.64.150 Restricted taxicab license.

• 6.64.160 Application.

• 6.64.170 License fee.

• 6.64.180 Grounds for denial.

• 6.64.190 Action by chief of police.

• 6.64.200 Appeal.

• 6.64.210 License not transferable.

• 6.64.220 Acceptance.

• 6.64.230 Additional vehicles.

• 6.64.240 Substitution of vehicles.

• 6.64.250 Fares/rates.

• 6.64.260 Display of schedule of fares/rates.

• 6.64.265 Fares/rates for app or online service.

• 6.64.270 Property carriage.

• 6.64.280 Full use of taxicabs.

• 6.64.290 Duty to provide services.

• 6.64.300 Direct route.

• 6.64.310 Reserved.

• 6.64.320 Overcharge prohibited.

• 6.64.330 Refusal to pay fares/rates prohibited.

• 6.64.340 Receipt for fare/rate. 6.64.350 Reserved.

• 6.64.360 Equipment and conditions required. 6.64.370 Identification of taxicabs. 6.64.380 Safety inspection.

• 6.64.390 Evidence of mechanical condition.

• 6.64.400 Appeal.

• 6.64.410 Report of accidents.

• 6.64.420 Owner's records.

• 6.64.430 Issuance prior to amendment.

• 6.64.440 Additional permit requirements on the airport.

• A. No owner of a taxicab business shall operate or permit the operation of a taxicab as a vehicle for hire on the streets of the City of San José without having obtained from the chief of police a taxicab license or restricted taxicab license pursuant to the provisions of this chapter. An owner of a taxicab business whose principal place of business is located outside the City of San José may obtain either a taxicab license or a restricted taxicab license.

• B. An owner of a taxicab business whose principal place of business is located outside of the

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City of San José need not obtain a license pursuant to this chapter if the taxicab business's sole operation on the streets of the City of San José is to transport passengers from a point outside the city to the city and discharge the passengers at a point within the city.

(Prior code § 6409; Ords. 19311, 22459, 29229, 29352, 29707.)

At least five vehicles are required to be operated as taxicabs pursuant to any taxicab license issued under this chapter. (Ords. 22459, 29707.)

• A. The chief of police may, under the same terms and conditions as are applicable to the issuance of a taxicab license, grant a restricted taxicab license to an owner of a taxicab business whose principal place of business is located outside the City of San José to allow the owner to provide taxicab services within the city to transport passengers in the city and discharge them outside the city, either in response to a bona fide call for such service, or when the driver is leaving the city after having discharged passengers in the city.

• B. The provisions of this chapter applicable to a taxicab license shall apply to a restricted taxicab license in equal force and effect, except for Section 6.64.350 of this chapter.

(Prior code § 6413; Ords. 19311, 22459, 29352, 29707.)

Every applicant for a taxicab license shall execute and file with the chief of police a verified application containing the following information:

• A. The applicant's name, home address and business address;

• B. The applicant's trade name and distinguishing vehicle markings, color or colors;

• C. The location of the proposed business;

• D. Satisfactory proof that the location of the proposed business is properly zoned and is in compliance with any required land use permit, for the conduct of the proposed business;

• E. The applicant's past experience with regard to taxicab service;

• F. Whether any license, permit or certificate issued to the applicant has been denied, revoked or suspended by any public organization. The circumstances of said denial, revocation, or suspension shall be fully explained;

• G. Whether the applicant has been convicted of a crime within five years prior to the date of the application, including the nature of the crimes;

• H. The number of vehicles proposed to be used as taxicabs, with department of motor vehicles of the State of California registration expiration dates for each vehicle;

• I. Inspection records in a form acceptable to the chief of police documenting that each vehicle and all components of any accessible vehicle's accessibility and clean fuel vehicle's fuel delivery system are in safe operating condition, made by either the proprietor of a public garage engaged in auto repair who is licensed by the State of California, or by a mechanic licensed by the State of California and employed by the applicant, who has inspected and examined such vehicles and who is certified in the inspection of alternative fuel components if certifying a clean fuel vehicle;

• J. A sworn statement by the applicant that the applicant shall not operate any vehicle until the inspection records in Subsection I. have been filed with the chief of police;

• K. A duplicate copy of the insurance policies required by Section 6.64.450 of this chapter; or where not yet issued, the writ-

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ten statement from an insurer that such insurance policies will be issued if the application is granted;

• L. A complete description of the proposed operations, including two-way radio, web or computer-based and app dispatching services;

• M. Evidence that applicant has paid all applicable city taxes including the business license tax;

• N. The applicant's sworn financial statement; and such additional information as the chief of police may require.

(Prior code §§ 6416 - 6430, 6.64.050; Ords. 19311, 22459, 29144, 29707.)

The applicant for a taxicab license shall submit with the application a fee as set forth in the schedule of fees established by resolution of the city council.

(Ords. 19311, 21285, 22459, 29707.)

The chief of police, or the board on appeal, may deny an application for a taxicab license on any of the following grounds:

• A. Public convenience and necessity do not require the proposed service;

• B. The application fails to contain any of the required information as set forth in Section 6.64.160 above;

• C. Any of the information contained in the application is false;

• D. The name under which the applicant will conduct business, or applicant's proposed color scheme or other marking, design or insignia, will tend to confuse the identification of taxicabs which applicant proposes to operate with those operated under existing taxicab licenses; or

• E. The chief of police, or the board on appeal, determines that the applicant lacks the financial ability to provide the proposed service;

• F. Any vehicle proposed for operation is not safe, and the applicant has failed to remove such vehicle from service immediately until the vehicle is determined to be safe or to substitute a safe vehicle in its place within a reasonable time;

• G. The applicant has failed to comply with any term, condition, or requirement in a taxicab license previously issued;

• H. An act or omission of the applicant constitutes a ground for revocation or suspension of the taxicab license as provided in Section 6.64.600 of this chapter;

• I. The applicant, within five years prior to the date of application, has been convicted of a crime, and the crime is substantially related to the qualifications, functions or duties of the taxicab business;

• J. The applicant is on parole or probation for a crime, and the crime is substantially related to the qualifications, functions or duties of the taxicab business;

• K. The applicant, within five years prior to the date of application, has done an act involving violence, dishonesty, or fraud with the intent to substantially injure another, or substantially benefit the applicant or another;

• L. The applicant has had a taxicab license issued under the provisions of this chapter or any other permit issued by the city revoked within three years prior to the date of application; or

• M. The applicant has failed to pay when due any applicable taxes or fee imposed by the City of San José.

(Ords. 19311, 22459, 28682, 29144, 29707.)

• A. Within a reasonable time after receipt of the application, the chief of police may either deny the application, or issue a taxicab license to the applicant to conduct all or any part of the proposed service.

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• B. The chief of police may impose such terms, conditions or restrictions on the taxicab license as the chief deems necessary to provide adequate and dependable service to the public and to protect the use of public streets and facilities.

(Ords. 19311, 22459, 29707.)

• A. The decision of the chief of police to deny the application for a taxicab license may be appealed to the board.

• B. The procedures for the appeal and the requirements of notice and hearing are set forth in Part 8 of this chapter.

• (Ords. 22459, 28682, 29707.)

The taxicab license issued pursuant to this chapter, and all interests, rights and obligations pertaining thereto, are personal to the holder of such license, and are not transferable or assignable, by operation of law or otherwise. (Ords. 22459, 29707.)

The applicant to whom a taxicab license has been issued by the chief of police shall, prior to commencement of any taxicab operation, file with the chief of police acknowledged written acceptance thereof and its agreement to comply with all the terms and conditions required under such license and this chapter. (Ords. 19311, 22459, 29707.)

have the same authority as vested in the chief by this chapter in the matter of the initial applications.

(Prior code § 6440; Ords. 19311, 22459, 29707.)

The holder of a taxicab license may substitute a different vehicle for a taxicab operated under a taxicab license issued pursuant to this chapter, by filing an application amendment with the chief of police, setting forth the following:

• A. Description of the vehicle, including the make, model, serial number and license number of the vehicle;

• B. Reason(s) for the proposed substitution;

• C. Inspection records in a form acceptable to the chief of police documenting that each vehicle and all components of any accessible vehicle's accessibility and clean fuel vehicle's fuel delivery system are in safe operating condition, made by either the proprietor of a public garage engaged in auto repair who is licensed by the State of California, or by a mechanic licensed by the State of California and employed by the applicant, who has inspected and examined such vehicles and who is certified in the inspection of alternative fuel components if certifying a clean fuel vehicle; and

• D. Evidence that the vehicle is covered under the insurance policies required by Section 6.64.450 of this chapter.

• (Ords. 19311, 22459, 29707.)

• A. Permission to operate vehicles in addition to those approved under the initial taxicab license may be obtained by filing an application amendment with the chief of police in the same manner as prescribed by this chapter for obtaining the initial taxicab license.

• B. In granting or denying such applications for additional vehicles, the chief of police shall

• A. No owner or driver shall charge or receive any rates or fares for the use of a taxicab other than those established by resolution of the city council or by the director of the department of transportation ("director of transportation") as set forth in Subsection B. below. Such charges shall be applicable to all portions of the pas-

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§ 6.64.250

senger's travel, within or without the City of San José. Bona fide tips are not prohibited by this section.

• B. Rates and fares for the use of taxicabs licensed under this chapter shall be determined and fixed by the city council by resolution after a public hearing; or, by the director of transportation in a schedule of rates and fares adopted by the director of transportation as follows:

  1. Any proposed adjustments to existing rates or fares and any proposed new rates or fares shall be coordinated by the director of transportation with the chief of police and the director of aviation; shall be based on industry indicators, including: the Consumer Price Index for All Urban Consumers for Transportation and All Items for San Francisco - Oakland - San José, CA; extraordinary and ongoing increases or decreases in major taxi industry-related expense categories, such as the cost of fuel and insurance; and locally, regionally and nationally comparable rates and fares; and shall be reasonably necessary to allow taxicab owners and drivers to recoup operation costs and make a reasonable profit while protecting the consumer from being subjected to exorbitant rates and fares.

  2. Any proposed rates or fares shall be posted on the city clerk's website and made available for inspection and copying by the public at the office of the city clerk during normal business hours.

  3. A copy of any proposed rates and fares shall also be mailed to each holder of a license issued under this chapter.

  4. A thirty-day public comment period to receive comments on the proposed rates and fees [fares] shall commence on the date the notice of the proposed rates and fares is sent to those licensed under this chapter. During the comment period, any

person may submit written comments regarding the proposed rates or fares to the director of transportation.

5. After the close of the public comment period, the director of transportation shall consider all the public comments on the proposed rates and fares.

6. After the director of transportation has considered all public comments, the director of transportation shall approve the final rates and fares.

7. The rates and fares approved by the director of transportation shall be contained in a schedule of taxicab rates and fares which shall become final on the date notice of the schedule of taxicab rates and fares is sent to those licensed under this chapter and the schedule of taxicab rates and fares is posted on the city clerk's website.

8. The notice of the schedule of taxicab rates and fares shall be accompanied by a brief written statement from the director of transportation that summarizes the written comments received from the public on the proposed rates and fares; explains why the comments were accepted, rejected, or modified by the director of transportation; and, explains how the new rates and fares or adjustments in existing rates and fares meet the requirements set forth in Section 6.64.250 B.1.

• C. Once a schedule of taxicab rates and fares is established by the director of transportation, it shall supersede any prior rate or fare, or any portion thereof, previously adopted by city council resolution or pursuant to this chapter.

• D. Once a schedule of taxicab rates and fares is established, the director of transportation shall review the schedule of taxicab rates and fares on a biennial basis to ensure the rates and fares are keeping with industry standards as evidenced by those industry indicators set forth in Section 6.64.250 B.1.

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• E. Once a schedule of taxicab rates and fares is established, the director of transportation may adjust the schedule of taxicab rates and fares on a more frequent basis by following the process outlined in Section 6.64.250 B.

• (Prior code § 6407; Ords. 19311, 22459, 28439, 29707.)

Except as provided in Section 6.64.265 below, no driver shall operate a taxicab unless the fares/ rates for the use of the taxicab is posted in a conspicuous place and in a permanent and secure manner in the passenger compartment. (Prior code § 6410; Ords. 19311, 22459, 29707.)

Fares and rates for taxicabs summoned by app or online are not subject to the posting requirements of Section 6.64.260 above, so long as the app or online site displays the current fare/rate prior to booking.

(Ord. 29707.)

Except as otherwise regulated by the State of California public utilities commission, an owner or driver may, in addition to such rates and fares, receive a reasonable charge for the driver's personal service in assisting any person to transport to and/or from the taxicab items of personal property other than customary baggage or luggage. (Ords. 19311, 22459, 29707.)

• A. Any person who hires a taxicab shall have the exclusive right to use the entire taxicab. There shall not be additional charges for any of the person's companions or personal belongings.

• B. No owner or driver shall carry or solicit, or permit to be carried or solicited, any additional passenger unless the person first hiring the taxicab consents to the acceptance of such additional passenger.

• (Prior code § 6462; Ords. 19311, 19968, 22459, 29707.)

• A. No owner or driver of any taxicab shall refuse to provide taxicab service to a person who requests to be taken to a destination within the City of San José, except as provided in Section 6.64.290.B of this chapter.

• B. The owner or driver may refuse to provide taxicab service when:

  1. The person requesting such service does not appear to be in a sober or orderly manner;

  2. The service is requested for an unlawful purpose;

  3. The taxicab has already been hired; or

  4. The owner or driver has a good faith reason to believe that his or her safety is at risk.

(Prior code § 6468; Ords. 19311, 22459, 29707.)

Unless otherwise directed by the passenger hiring the taxicab, the driver of such taxicab shall take the most direct, expeditious and safe route from the starting point to the destination point. (Prior code § 6460; Ords. 19311, 22459, 29707.)

Editor’s note— Ord. 29707, § 2, adopted March 22, 2016, repealed § 6.64.310, which pertained to passenger prohibited in front seat and derived from prior code § 6465; Ords. 19311 and 22459.

• A. No person shall charge a greater fare or rate than that authorized by this chapter for the hire of a taxicab.

• B. It shall constitute a ground for revocation or suspension of a taxicab license or a taxicab driver's permit for any owner or driver to charge a greater fare than that authorized by this chapter for the hire of a taxicab.

• C. The owner or driver who overcharges a taxicab fare/rate shall be liable to the person who hires the taxicab for the difference between the

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§ 6.64.360

amount of fare/rate actually charged and the amount of fare/rate authorized by this chapter.

• D. The remedies provided by this section are in addition to any other legal or equitable remedies, and are not intended to be exclusive.

• (Prior code §§ 6469, 6470; Ords. 19311, 22459, 29707.)

• A. No person shall refuse to pay the fare/rate imposed on the person for having received any taxicab service.

• B. No person shall hire any taxicab with the intent to defraud the owner or driver of the value of the taxicab service.

• C. The remedies provided by this section are in addition to any other legal or equitable remedies, and are not intended to be exclusive.

• (Prior code § 6466; Ords. 19311, 22459, 29707.)

The driver of any taxicab shall give any passenger who so requests a receipt for the fare/rate charged and paid. The receipt shall contain:

• A. The name of the taxicab business;

• B. The name of the driver;

• C. Taxicab number;

• D. Date of transaction;

• E. The meter reading, if applicable; and

• F. The amount of fares/rates charged and paid.

(Prior code § 6467; Ords. 19311, 22459, 29707.)

Editor’s note— Ord. 29707, § 2, adopted March 22, 2016, repealed § 6.64.350, which pertained to minimum operation and derived from prior code § 6410.24; Ords. 19311 and 22459.

• A. Each taxicab operated under a taxicab license issued pursuant to this chapter shall at all times have:

  2. A spare tire, capable of being used on any of the wheels of the vehicle;

  3. A set of tools for changing tires;

  4. Two independently acting and entirely unconnected braking systems in proper operating order;

  5. Safety or shatterproof glass in windshield, windows and doors;

  6. An "Out of Service" sign within the vehicle, with dimensions of eight and onehalf inches by eleven inches, to be displayed in the right rear window during those times when the taxicab is on public streets and not available for hire by the general public; and

  7. A voice communication system, as described and approved by the chief of police as provided in Section 6.64.160, for the entire time the taxicab is in service and available to the public.

• B. Each taxicab operated under a taxicab license issued pursuant to this chapter shall be maintained in such condition so that:

  1. All doors, windows, hood and trunk will open and close securely;

  2. The inside of the taxicab and the luggage compartment is free of litter and trash, and does not soil, rip or otherwise damage the passenger's clothing or effects; and

  3. The exterior of the taxicab is clean and in good repair, and does not have any peeling, dents, rust or missing components which are discernable from five feet of the taxicab.

(Prior code § 6435; Ords. 19311, 22459, 29144, 29707.)

1. One operable safety belt for each passenger carried;

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• A. The following identification shall be placed on both sides and the rear of each taxicab operated under this chapter, to be applied by nonwater-soluble paint or similar material:

  1. A serial body number, issued by the chief of police for each taxicab:

     • a. Shall be placed on both the front quarter panels and the left side of the rear trunklid of each vehicle.

     • b. Shall be at least four inches in height and of such color as will contrast distinctly with the color of the body of the taxicab.

  2. The owner's trade name:

     • a. Shall include the word "taxicab," "taxi," or "cab."

     • b. Shall be in letters at least four inches in height and of such color as will contrast distinctly with the color of the body of the taxicab.

• B. The owner and the driver shall maintain the paint, color scheme, decals and lettering on the exterior of a taxicab in good condition and in the same condition as originally approved by the chief of police.

• C. All identification required to be placed on a taxicab shall be removed within forty-eight hours after such taxicab is removed from the owner's taxicab service.

(Prior code § 6435; Ords. 19311, 22459, 29707.)

• A. All taxicabs shall be safety inspected and receive a new taxicab inspection decal annually, with inspection records in a form acceptable to the chief of police documenting that the vehicle is in safe operating condition, made by either the proprietor of a public garage engaged in auto repair who is licensed by the State of California, or by a mechanic licensed by the State of California and employed by the applicant, who has inspected and examined

said vehicle. The inspection shall be completed prior to the renewal of the taxicab license.

• B. The driver of a taxicab shall inspect the taxicab and its equipment at least once each day.

• C. The registered owner of a taxicab, who is aware of or should have been aware of any unsafe condition of the taxicab, shall not allow the taxicab to be used until necessary repairs are made.

(Ords. 22459, 29707.)

• A. Upon receipt of a citizen's complaint or police officer's observation regarding the mechanical condition of a taxicab, or following the taxicab's involvement in an accident, the chief of police may require any or all of the following:

  1. A visual inspection of the taxicab by a member of the police department; and/or

  2. An interview by a member of the police department with the owner or driver of the taxicab regarding the mechanical condition of the taxicab; and/or

  3. A sworn statement that the taxicab is in safe operating condition, made by either the proprietor of a public garage engaged in auto repair who is licensed by the State of California, or by a mechanic licensed by the State of California and employed by the holder of the taxicab license, who has inspected and examined said taxicab; and/or

  4. A sworn statement for all clean fuel vehicles that all components related to the fuel delivery system have been inspected by a mechanic certified in alternative fuel delivery systems and that the components are in a safe and operating condition, including without limitation, the fuel tank.

• B. If the owner or driver of the taxicab refuses to submit to an inspection as required by Subsec-

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§ 6.64.450

tion A. above, the chief of police may issue an order prohibiting such vehicle from use in taxicab service.

• C. Upon determination that any vehicle operated under a taxicab license is not in safe operating condition, the chief of police may issue an order requiring that such vehicle not be used in taxicab service until it has been repaired to the satisfaction of the chief of police.

• D. The chief of police shall have the authority to impound vehicles which continue to be used for taxicab service in violation of the order.

(Prior code § 6433; Ords. 19311, 20717, 22459, 29144, 29707.)

• A. The order of the chief of police issued under Section 6.64.390 of this chapter may be appealed to the board.

• B. The procedures for the appeal and the requirements of notice and hearing are set forth in Part 8 of this chapter.

• C. The vehicle(s) in question shall not be used for taxicab service pending the appeal.

• (Ords. 22459, 28682, 29707.)

Each holder of a taxicab license and the driver of a taxicab involved in an accident resulting in property damage exceeding seven hundred fifty dollars or personal injury of any kind, shall report the accident to the chief of police within ten days after the accident.

(Ords. 19311, 22459, 29707.)

• A. The owner shall maintain at all times complete and accurate records of:

  1. The names, addresses, and dates of commencement and termination of employment or contract of all drivers employed or engaged under contract by the owner;

  2. The description of the taxicab driven by each driver, including the make, model, serial number and license number;

  3. The hours during which each driver is on duty, and the number of trips taken by each driver; and

  4. All dispatch calls received and made by the owner, including the starting and destination points and times.

• B. The owner shall maintain such records for a minimum period of five years, and shall make them available for inspection upon request by the chief of police.

(Prior code § 6410.83; Ords. 19311, 22459, 29707.)

All taxicab licenses issued prior to the effective date of this amendment to this chapter shall be deemed issued pursuant to this chapter as amended, and shall in all respects be subject to the provisions of this chapter as amended.

(Ords. 22459, 29707.)

• A. No owner shall engage in the transportation of any passenger or property to and from the San José International Airport without having first obtained all necessary permits from the director of aviation pursuant to Chapter 25.08.

• B. The city's director of aviation shall have the authority to issue such permits in accordance with Chapter 25.08 of this Code.

• C. Permits issued by the director of aviation pursuant to Chapter 25.08 of this Code shall be in addition to any permit or license required by this chapter.

(Ords. 22459, 24645.1, 28682, 29230, 29707.)

Part 5

INSURANCE REQUIREMENTS

Sections:

• A. The holder of a taxicab license, at its sole cost and expense, shall obtain and maintain

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§ 6.64.450

throughout the term of its taxicab license, or any renewal thereof, all of the insurance requirements as may be presently or in the future required by any financial responsibility laws of the State of California.

• B. The insurance requirements shall be referred to in and made a part of the application for a taxicab license. The city's risk manager shall notify in writing all applicants or holders of taxicab licenses of any modifications of the insurance requirements.

• C. All policies and coverages required by this section are subject to approval by the risk manager as to content and form. No license newly issued or renewed shall be valid until such approval is issued in writing to the chief of police by the risk manager.

• D. A true, certified and correct copy of the entire policy, including copies of all endorsement made a part thereof, shall be mailed to the Risk Manager, City of San José, 801 North First Street, San José, California 95110, directly from the authorized agent, broker or insuring company for each policy required under this chapter. All policies shall be on file and effective at the time the taxicab license is issued or renewed.

• E. If at any time the entire insurance policy or any portion thereof expires without immediate proof of renewal, the taxicab license shall be immediately suspended. The chief of police is hereby authorized to enforce such suspension upon receiving written notice from the risk manager that no proof of renewal or reinstatement has been submitted by the holder of a taxicab license.

F. If at any time in the judgment of the risk manager, said policies or coverages are not sufficient for any cause or reason, the risk manager may require the holder of a taxicab license to replace said policies or coverages within ten days with other policies or coverages acceptable in accordance with this section. If the holder of a taxicab license fails to do so, the taxicab license shall be automati-

cally suspended at the expiration of the tenday period until such time as said policies or coverages are properly replaced.

• G. The taxicab license issued under this chapter shall be automatically revoked upon the cancellation of the insurance policies or coverages required under this section. The reinstatement of insurance policies or coverages after a third cancellation within a twelve-month period shall not obligate the city to renew the taxicab license upon request to do so.

• H. Prior to the issuance of a taxicab license, and at the annual renewal thereof, the applicant or holder of a taxicab license shall submit to the risk manager a signed agreement to indemnify, hold harmless and defend the City of San José, its officers, employees and agents, in a form approved by the city attorney.

• I. Should the insurance coverage for any particular vehicle(s) be revoked or cancelled, such vehicle(s) shall be taken out of service immediately.

(Prior code §§ 6441 - 6443; Ords. 19311, 20622, 22459, 29707.)

Part 6

TAXICAB DRIVER'S PERMIT

Sections:

• 6.64.460 Application.

• 6.64.465 Exception for out-of-town holders of ground transportation permits.

• 6.64.470 Photographs.

• 6.64.480 Permit requirements and background check.

• 6.64.490 Permit fee.

• 6.64.495 Reserved.

• 6.64.496 Reserved.

• 6.64.500 Grounds for denial.

• 6.64.510 Action by chief of police.

• 6.64.520 Temporary permit.

• 6.64.530 Appeal.

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§ 6.64.480

• 6.64.560 Reissuance of permit.

• 6.64.570 Issuance prior to amendment.

• 6.64.580 Driver's appearance.

• A. No person shall operate any taxicab in the City of San José unless the person has obtained a valid taxicab driver's permit from the chief of police to do so, as hereinafter provided.

• B. Application for a taxicab driver's permit shall be made in writing to the chief of police setting forth the following information:

  1. The applicant's name, age, address and past experience with regard to taxicab service;

  2. The names and addresses of the applicant's employers during the preceding three years;

  3. Whether an operator's or a chauffeur's license issued to the applicant by any state or governmental agency has ever been revoked, and the reasons therefor;

  4. Whether the applicant has been convicted of a crime within five years prior to the date of the application, including the nature of the crimes;

  5. The name and address of the owner by whom the applicant is to be employed or engaged under contract as a taxicab driver;

  6. The endorsement by the owner, by whom the applicant is to be employed or engaged under contract as a taxicab driver, on the application stating that the applicant has acquired proficient knowledge of the traffic laws of the State of California and the City of San José, and of the streets of the city, as well as the ability to

read and understand English, and to safely operate a public transportation vehicle in the city; and

7. Whether the applicant has paid all applicable taxes imposed by the City of San José, including the business license tax if applicant is to be engaged under contract as an independent contractor.

8. Such additional information as the chief of police may require.

(Ords. 22459, 28682, 29707.)

Notwithstanding Section 6.64.460, a person whose principal place of business is located outside the City of San José need not obtain a taxicab driver's permit if the driver's sole operation on the streets of the City of San José is to transport passengers from a point outside the city to the city and discharge them at a point within the city. (Ords. 29229, 29352, 29707.)

The applicant for a taxicab driver's permit shall have two photographs taken by the chief of police, one to be filed with the application, and the other to be permanently attached to the taxicab driver's permit. The taxicab driver's permit shall be posted in a place conspicuous from the passenger's compartment of the taxicab.

(Ords. 22459, 29707.)

• A. Prior to the issuance of a taxicab driver's permit, the applicant must demonstrate to the chief of police:

  1. Proficient knowledge of traffic laws of the City of San José and of the State of California;

  2. Proficient knowledge of the streets of the City of San José; and

  3. Ability to properly and safely operate a taxicab.

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• B. Upon satisfying the requirements set forth in Subsection A. above, the applicant shall be subject, at the option of the owner by whom the applicant is to be employed or engaged under contract as a taxicab driver, to one of the following background checks:

  1. Fingerprinting by the police department permits unit; or

  2. In the event that: (i) the owner by whom the applicant is to be employed or engaged under contract as a taxicab driver has in place a program to perform criminal background checks on each taxicab driver before the driver begins offering service on behalf of the owner; and (ii) the owner utilizes an app with safety features approved by the chief of police that include, at a minimum, driver name, driver photo, vehicle information such as make/ model, color, license plate/cab number, route taken, ability to share route with friends and option for passengers to leave feedback and rate their experience, the applicant shall not be subject to fingerprinting by the police department permits unit. The criminal background check must be a national criminal background check approved by the chief of police that includes the national sex offender database. The criminal background check must use the applicant's social security number in addition to the applicant's name. In order to meet the requirements of this subsection, the owner must participate in one of the following monthly audit processes:

     • a. A random audit and fingerprint background verification of permitted taxicab drivers based on one percent of the owner's drivers, conducted by a third party accredited by the National Association of Professional Background Screeners, jointly approved by city and the owner; or

• b. A random audit of one percent of the owner's drivers per month, conducted by a third party accredited by the National Association of Professional Background Screeners, jointly approved by city and the owner.

(Ords. 22459, 29707.)

The applicant for a taxicab driver's permit shall submit with the application a fee as set forth in the schedule of fees established by resolution of the city council.

(Ords. 22459, 29707.)

Editor’s note— Ord. 29707, § 4, adopted March 22, 2016, repealed § 6.64.495, which pertained to limitation on issuance of permits and derived from Ord. 28682.

Editor’s note— Ord. 29707, § 4, adopted March 22, 2016, repealed § 6.64.496, which pertained to exemption to limitation on issuance of permits and derived from Ord. 28682.

The chief of police, or the board on appeal, may deny an application for a taxicab driver's permit filed by any person:

• A. Who is under the age of eighteen years;

• B. Who does not hold a valid driver's license issued by the department of motor vehicles of the State of California for the type of vehicle the applicant proposes to use as a taxicab in the city.

• C. Who, because of excessive and continuous use of alcoholic liquors, is incapable of safely operating a public transportation vehicle;

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§ 6.64.520

• D. Who is a habitual user of any other drug which renders a person incapable of safely operating a public transportation vehicle;

• E. Who has a disorder characterized by lapses of consciousness;

• F. Who does not demonstrate either proficient knowledge of the traffic laws of the State of California and the City of San José, or of the streets of the city, or the ability to read and understand English, or to safely operate a public transportation vehicle in the city;

• G. Who has failed to furnish the information required for the application for the permit;

• H. Who has knowingly made a false statement, or concealed a material fact, or otherwise committed any fraud in the application;

• I. Who, within five years prior to the date of application, has been convicted of any offense involving the use, possession, sale or transportation of narcotics, and the commission of such offense involved the use of a motor vehicle;

• J. Who, within five years prior to the date of application, has been convicted of reckless driving or driving under the influence of any drug or intoxicating liquor, regardless of whether the incident resulted in bodily injury or death;

• K. Who, within five years prior to the date of application, has been convicted of a crime, and the crime is substantially related to the qualifications, functions or duties of the taxicab business;

• L. Who is on parole or probation for a crime, and the crime is substantially related to the qualifications, functions or duties of the taxicab business;

• M. Who, within five years prior to the date of application, has done any act involving violence, dishonesty or fraud with the

intent to substantially injure another, or substantially benefit the applicant or another;

• N. Who has had a taxicab driver's permit issued pursuant to this chapter revoked within three years prior to the date of application;

• O. Who, the chief of police determines, is a negligent or incompetent operator of a motor vehicle; or

• P. Who has failed to pay when due all applicable taxes imposed by the City of San José.

(Ords. 22459, 28682, 29707.)

• A. Except as otherwise provided herein, within a reasonable time after receipt of the application, the chief of police shall issue a taxicab driver's permit to the applicant, if the chief determines that there is no ground for denial of the permit.

• B. The chief of police may impose such terms, conditions or restrictions on the permit as the chief deems necessary.

• C. The duration of the permit issued pursuant to this chapter shall be for twenty-four months from the date of the application.

• (Ords. 22459, 28682, 29707.)

• A. The chief of police may issue a temporary taxicab driver's permit to the applicant who has applied for a taxicab driver's permit pursuant to this chapter, if the chief has not completed all necessary investigation of the applicant and the application, but has no reason to believe that any ground exists for denial of the permit.

• B. The temporary taxicab driver's permit shall be for a period of six months or less, and shall automatically expire upon the actual issuance or denial of the taxicab driver's permit.

• (Ords. 22459, 28682, 29707.)

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• A. The decision of the chief of police to deny an application for a taxicab driver's permit may be appealed to the board.

• B. The procedures for the appeal and the requirements of notice and hearing are set forth in Part 8 of this chapter.

• (Ords. 22459, 28682, 29707.)

Each taxicab driver's permit shall be numbered and signed by the chief of police, and shall contain the following information:

• A. The date of expiration of permit;

• B. The driver's name and driver's license number;

• C. A description of the driver, including date of birth, sex, height, weight, color of eyes, and color of hair;

• D. The name of the owner by whom the driver is employed or engaged under contract; and

• E. Other information as may be deemed necessary by the chief of police.

(Ords. 22459, 29707.)

• A. Within twenty-four hours after termination of a taxicab driver's employment or contract with the owner who endorsed the permit application as required by Section 6.64.460 B.6., either the owner or the taxicab driver shall notify the chief of police in writing of such termination. The written notification of termination shall be accompanied by the surrender of any taxicab driver's permit in the owner's or taxicab driver's possession. If said permit is unavailable, the owner or the taxicab driver shall state on the notification of termination the unavailability of the permit and the reasons therefor.

• B. The taxicab driver's permit shall automatically expire upon receipt by the chief of police of the written notice of termination of the

taxicab driver's employment or contract with the owner who endorsed the permit application.

(Ords. 22459, 28682, 29707.)

• A. The chief of police may approve reissuance of a taxicab driver's permit to an applicant without requiring the applicant's photographs and fingerprints, and the permit fee, if an application endorsed by another owner is filed within six months after the applicant's prior employment or contract with a taxicab business as a driver was terminated and the prior permit would not have expired during that six-month period.

• B. This section does not apply to an applicant whose employment or contract with a taxicab business as a driver was terminated for reasons which constituted any of the grounds for denial, suspension or revocation of a taxicab driver's permit.

(Ords. 22459, 28682, 29707.)

All taxicab driver's permits issued prior to the effective date of this amendment to this chapter shall be deemed issued pursuant to this chapter as amended, and shall in all respects be subject to the provisions of this chapter as amended. (Ords. 22459, 29707.)

The taxicab drivers shall be clean and neat in appearance, and shall wear shoes at all times while on duty. Nothing in this chapter shall preclude an owner from establishing a dress code or similar rules to regulate the appearance of all drivers. (Ords. 22459, 29707.)

For purposes of Section 6.64.420 of this chapter regarding the owner's duty to maintain records, for each day the driver is on duty, each driver shall submit a daily report to the owner setting forth the

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§ 6.64.610

hours during each day that the driver was on duty, the starting and destination points of each trip, and the fares/rates collected for each trip. (Ords. 22459, 29707.)

Part 7

SUSPENSION AND REVOCATION

Sections:

• 6.64.600 Suspension or revocation of taxicab license.

• 6.64.610 Suspension or revocation of taxicab driver's permit.

• 6.64.620 Notice and hearing.

• 6.64.630 Emergency suspension.

• 6.64.640 Appeal.

The chief of police, or the board on appeal, shall have the power to suspend or revoke a taxicab license issued under this chapter, on any of the grounds stated in Section 6.02.130 of this Code, or on any of the following grounds:

• A. The violation by the owner of any of the terms, conditions or requirements of the taxicab license, or of this chapter.

• B. Any act or omission of the owner of any fact or condition which, if it existed at the time the application for a taxicab license was filed, would have warranted the denial of the application.

• C. Cancellation or suspension of any insurance policy or coverage required of the owner by Section 6.64.450 of this chapter.

• D. Failure of the owner to pay any judgment against the owner for personal injury or death, or property damage arising out of the conduct of business under the taxicab license issued pursuant to this chapter, within thirty days after the judgment has become final.

• E. Voluntary written request by the owner to suspend the taxicab license for a definite period of time.

• F. Overcharge of, or the attempt to overcharge, taxicab fares by the owner, as prohibited by Section 6.64.320 of this chapter.

• G. Failure of the owner to pay when due any applicable taxes imposed by the City of San José.

(Ords. 19311, 22459, 28682.)

The chief of police, or the board on appeal, shall have the power to suspend or revoke a taxicab driver's permit issued under this chapter, on any of the grounds stated in Section 6.02.130 of this Code, or on any of the following grounds:

• A. Suspension, revocation, or expiration of the driver's privilege granted by the department of motor vehicles of the State of California to operate a motor vehicle on the public highways of the State of California.

• B. The violation of the driver of any of the terms, conditions or requirements of the taxicab driver's permit, or of this chapter.

• C. Any act or omission of the driver or any fact or condition which, if it existed at the time the application for a taxicab driver's permit was filed, would have warranted the denial of the application.

• D. Failure of the driver to pay any judgment against the driver for personal injury or death, or property damage arising out of the driver's operation of a public transportation vehicle, within thirty days after the judgment has become final.

• E. The driver consumed drugs or alcohol or is under the influence of drugs or alcohol while on duty, or is convicted of a crime relating to drugs or alcohol.

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§ 6.64.610

• F. Overcharge of, or the attempt to overcharge, taxicab fares by the driver, as prohibited by Section 6.64.320 of this chapter.

• G. Failure of the driver to pay when due any applicable taxes imposed by the City of San José.

(Ords. 22459, 28682.)

• A. Except as provided in Section 6.64.630 of this chapter, a taxicab license or a taxicab driver's permit issued pursuant to this chapter shall be revoked or suspended only after the owner or driver has been given reasonable notice and opportunity to be heard under the procedures set forth in Sections 6.02.200 and 6.02.210 of Chapter 6.02.

• B. Within a reasonable time after the close of the hearing, the chief of police shall render a decision setting forth the findings and reasons therefor.

• C. The decision of the chief of police shall be mailed to the owner or driver, at the address shown on the application, in the manner provided for in Section 6.64.030 of this chapter.

• (Ords. 22459, 29230.)

A taxicab license or a taxicab driver's permit may be summarily suspended under the procedures set forth in Part 1.5 of Chapter 6.02.

(Ords. 22459, 29230.)

• A. The decision of the chief of police to suspend or revoke a taxicab license or taxicab driver's permit may be appealed to the board.

• B. The procedures for the appeal and the requirements of notice and hearing are set forth in Part 8 of this chapter.

• C. The suspension or revocation of a taxicab license or taxicab driver's permit shall remain in effect pending the appeal.

• (Ords. 22459, 28682.)

Part 8

APPEAL TO THE BOARD

Sections:

• A. Any action taken by the chief of police under this chapter may be appealed to the board by filing, with the chief of police, a written notice of appeal within ten days after a copy of the decision of the chief of police has been placed in the mail to the applicant, owner or driver.

• B. When such notice of appeal has been accepted by the chief of police:

  1. The chief shall, subject to the rules of the board, set a date for a hearing which shall be held by the board. Said date of hearing shall be not less than ten days nor more than sixty days after the date such notice of appeal was received by the chief.

  2. The chief shall provide a report and recommendation to the board. In addition thereto, the chief shall file with the board at its hearing all relevant papers, documents and exhibits which are part of the file.

  3. The board shall hear the matter de novo. Within a reasonable time after the board has concluded its hearing, it shall, by resolution, set forth its findings and decision on the matter. The decision of the board shall be final.

• C. The decision of the board shall be mailed to the applicant, owner or driver, at the address shown on the application or the notice of appeal in the manner provided for in Section 6.64.030 of this chapter.

• (Ords. 22459, 28682.)

Part 9

LIMOUSINES

Sections:

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§ 6.64.710

• 6.64.680 Limousine license.

• 6.64.690 Low-cost transportation service.

• 6.64.700 Limousine driver's permit.

• 6.64.710 Fares.

• 6.64.720 Quotation of fares.

• 6.64.730 Minimum number of limousines.

This part applies only to a limousine business which provides transportation service within the city limits of the City of San José, and which does not hold a certificate or permit issued by the California Public Utilities Commission pursuant to the provisions of Chapter 8, Division 2 of the California Public Utilities Code. (Ord. 22459.)

Except as specifically provided in this part, each and every section of Parts 1, 2, 4, 5, 6, 7 and 8 of this chapter shall apply to the operation of limousine service regulated by this part, and whenever the word "taxicab" is therein used, it shall for the purposes of this part mean "limousine." (Ords. 19311, 22459.)

No owner of a limousine business shall operate or permit the operation of a limousine on the streets of the City of San José without having obtained a limousine license, issued pursuant to the provisions of Part 4 and Part 5 of this chapter, from the chief of police.

(Prior code § 6475, 6.64.700; Ords. 19311, 22459.)

• A. The chief of police may issue a limousine license to an owner who proposes to provide low-cost transportation service to the elderly or handicapped. The license may be issued to the owner regardless of whether all of the vehicles used in providing the service are reg-

istered in the owner's name as required under Section 6.64.160 M. of this chapter, as long as the following conditions are met:

1. The vehicles which are not registered in the owner's name are either leased to the owner by a federal, state or local government agency, or are used by the owner with the written authorization of the government agency; and

2. Evidence of such lease or other written authorization of the government agency satisfactory to the chief of police is submitted with the application for a limousine license.

• B. The permission to operate any vehicle under the limousine license issued pursuant to this section shall cease automatically upon the termination of the owner's lease or written authorization of the government agency. The owner shall notify the chief of police in writing of any termination of such lease or written authorization at least three days prior to the date of termination.

• (Ord. 22459.)

No person shall operate a limousine on the streets of the City of San José without having obtained a limousine driver's permit, issued pursuant to the provisions of Part 6 of this chapter, from the chief of police.

(Ord. 22459.)

• A. No owner of a limousine business shall operate or permit the operation of a limousine without having filed a schedule of fares to be charged for the use of the limousine service with the city clerk. The owner shall notify the city clerk immediately of any change in said schedule of fares.

• B. No owner or driver shall charge or receive any fare for the use of a limousine other than that in the schedule of fares on file with the city clerk.

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§ 6.64.710

• C. Such schedule of fares is required to be posted inside of a limousine.

(Prior code § 6476, 6.64.750; Ords. 19311, 22459.)

No owner or driver shall permit a limousine to be hired without first quoting to the prospective passenger the specific charge for the use of the limousine per trip, per hour, per mile, or on some other basis in accordance with the schedule of fares filed with the city clerk.

(Prior code § 6477, 6.64.760; Ords. 19311, 22459.)

The minimum number of limousines required for the issuance of a limousine license shall be one (Ords. 19311, 22459.)

Except as otherwise required by the chief of police, the owner of a limousine business may provide different minimum operation periods and dispatching procedures than those required of taxicabs

(Ord. 22459.)

• 6.66.060 Tow-car business permit - Application - Contents required.

• 6.66.070 Employment of tow-car business assistants - Permits required.

• 6.66.080 Tow-car business assistant permit - Required.

• 6.66.090 Tow-car business assistant permit - Application - Contents required.

• 6.66.100 Permit applications - Preparation procedures - Signatures required.

• 6.66.110 Permit fees.

• 6.66.120 Persons signing permits - Fingerprinting and photographing required.

• 6.66.130 Investigation of applicants - Chief of police authority.

• 6.66.140 Tow-car business permit - Insurance requirements.

• 6.66.150 Temporary permits - Issuance conditions.

• 6.66.160 Probationary permits.

• 6.66.170 Issuance of permits - Terms.