Part 4 — TAXICAB LICENSE

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 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 written 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.

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.)

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 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.

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 passenger'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:

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.

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.

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

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.

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

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

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.

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.

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:

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

The service is requested for an unlawful purpose;

The taxicab has already been hired; or

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 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:

One operable safety belt for each passenger carried;

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

A set of tools for changing tires;

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

Safety or shatterproof glass in windshield, windows and doors;

An "Out of Service" sign within the vehicle, with dimensions of eight and one-half 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

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:

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

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

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.)

A.

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

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.

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:

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

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

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

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 Subsection 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:

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

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

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

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.)