Part 6 — TAXICAB DRIVER'S PERMIT

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:

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

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

Whether an operator's or a chauffeur's license issued to the applicant by any state or governmental agency has ever been revoked, and the reasons therefor;

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;

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

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

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.

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:

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

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

Ability to properly and safely operate a taxicab.

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:

Fingerprinting by the police department permits unit; or

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;

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.)

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 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.)