San Leandro Municipal Code Art. 3 Taxicab Driver's Permit

(Legislative History: Ordinance 93-06, 4/5/93; Ordinance 2001-016, 9/4/01)

(a) No person shall operate or drive in the City any taxicab unless that person shall have been issued by the Chief of Police a taxicab driver's permit and such permit shall be in full force and effect; provided that no permit shall be required for any operations for which a certificate or permit has been issued by the Public Utilities Commission of the State or by the Interstate Commerce Commission of the United States of America.

(b) Any driver may, however, transport a passenger or passengers from a point outside to a destination within the City or may proceed through the City while en route to a destination outside of the City without issuance of a taxicab driver's permit.

Any person, upon payment of the application fee established by fee resolution of the City Council, may apply to the City for a taxicab driver's permit to operate a taxicab by filing with the Chief of Police in such form as may be prescribed, an application containing the following information:

(a) The name, age and residence address of the applicant;

(b) The number of years of experience the applicant has operating a taxicab;

(c) The names and business addresses of the applicant's employers during the preceding three years;

(d) Social security number of the applicant;

(e) A statement as to whether any license, permit or certificate issued to the applicant has been denied, revoked or suspended by any public authority. The circumstances of said denial, revocation or suspension shall be fully explained;

(f) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance or state law (other than minor traffic and parking offenses), the nature of the offense and the punishment or penalty assessed for the offense;

(g) The name and business address of the taxicab company by whom the applicant will be employed or engaged under contract as a taxicab driver;

(h) The endorsement by the owner employing the applicant or engaging the applicant under contract as a taxicab driver that the applicant has acquired proficient knowledge of the traffic laws of the State of California and the City, and of the streets of the City, as well as the ability to read and understand the English language, and to safely operate a taxicab in the City;

(i) Proof of compliance with federal and state controlled substance and alcohol testing requirements, including proof that driver has tested negative for controlled substances and for alcohol as required by Government Code Section 53075.5(b)(3);

(j) Fingerprint records in a manner provided by the Chief of Police and two passport size photographs of the applicant; and

(k) Such additional information as may be required by the Chief of Police or designee in support of the public health, safety and welfare.

The applicant for a taxicab driver's permit shall submit a non-refundable application fee as set forth in the general fee schedule established by resolution of the City Council:

The chief of police may deny an application for a taxicab driver's permit filed by any person for any of the following reasons:

(a) The applicant is under 21 years of age;

(b) The applicant is not in possession of a valid driver's license issued by the California Department of Motor Vehicles for the type of vehicle the applicant proposes to use as a taxicab in the City;

(c) The applicant has received a positive result in any random test for controlled substances and alcohol within the prior 12 calendar months;

(d) The applicant has failed to provide the information required for the permit application;

(e) Information required on the application was misstated or omitted;

(f) The applicant has been convicted of an offense which requires registration pursuant to California Penal Code Section 290;

(g) Applicant has been convicted, within a 10 year period prior to the application date, of an offense involving the sale of a controlled substance specified in Sections 11054, 11055, 11056, 11057, 11058, 11351, 11352, 11358 through 11363 or 11378 through 11380 of the California Health and Safety Code, or equivalent offenses under the laws of another jurisdiction, even if expunged pursuant to Penal Code Section 1203.4;

(h) Applicant has been convicted, within a 10 year period prior to the application date, of any offense involving the use of force or violence upon another person;

(i) Applicant has been convicted of any offense involving sexual misconduct with children or adults;

(j) The applicant has engaged in any conduct which would constitute an offense as described in subsections (g) or (h) of this section, during the 10 year period prior to the application date;

(k) The applicant has been arrested or convicted, during the 10 year period prior to the application date, 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;

(l) The applicant is on parole or probation for a crime, and the crime is substantially related to the qualifications, functions or duties of a taxicab driver;

(m) Applicant has had a taxicab driver's permit or driver's identification card issued pursuant to this chapter, or issued by another jurisdiction, revoked within the past three years; or

(n) The Chief of Police determines that granting of a taxicab driver's permit would be in violation of any law or would endanger the public health, peace or safety.

(a) Within 60 days after receipt of the application, the Chief of Police shall issue a taxicab driver's permit to the applicant, if it is determined that no grounds exist for denial of the permit.

(b) The duration of the permit issued pursuant to this chapter shall be for one year from the date of issuance.

(c) Renewal of a taxicab driver's permit shall require a renewal fee, a background check, and proof that the permit holder has tested negative for controlled substances and for alcohol as required by Government Code Section 53075.5(b)(3).

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 the permit;

(b) The driver's name and the driver's license number;

(c) A description of the driver including date of birth, gender, 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;

(e) The driver's photograph; and

(f) Any other information as may be deemed necessary by the Chief of Police.

A taxicab driver's permit must be displayed in clear view of the passenger of any taxicab operated by the driver. The permit must be so displayed whenever the taxicab is available for hire or carrying passengers within the City. The City may require the display of the permit to be visible from the outside of the taxicab.

(a) The taxicab driver's permit shall be automatically revoked upon the termination of the driver's employment or contract with the owner who endorsed the permit application as required by Section 6-6-305(h) above.

(b) Within 10 days of such termination of employment or contract, the owner-of the taxicab company shall notify the City in writing of such termination.

(c) Within 10 days of such termination of employment or contract, the driver shall surrender his or her taxicab driver's permit to the San Leandro Police Department.

(a) The Chief of Police may approve re-issuance of a taxicab driver's permit to an applicant without requiring the applicant's photograph 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. The permit fee shall be waived for only one re-issuance; any subsequent re-issuance may be approved upon payment of a processing fee.

(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 constitute any of the grounds for denial, suspension or revocation of a taxicab driver's permit set forth in Section 2-2-345 below.

The Chief of Police shall have the power to suspend or revoke a taxicab driver's permit issued under this chapter, on any grounds stated in this chapter or on any of the following grounds:

(a) Suspension, revocation or expiration of the driver's privilege granted by the California Department of Motor Vehicles to operate a motor vehicle on the public highways of the state;

(b) The violation by the driver of any 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 taxicab, within 30 days after the judgment has become final;

(e) Driver's consumption of drugs or alcohol while on duty, or provision of taxi service while under the influence of drugs or alcohol, or conviction of a crime relating to drugs or alcohol; or

(f) Driver's overcharge of, or the attempt to overcharge, taxicab fares, as prohibited by Section 6-6-400 of this Chapter.

Whenever the Chief of Police shall determine that there may be grounds for revoking or suspending a taxicab driver's permit pursuant to Section 6-6-345 above, the Chief of Police shall give not less than five days written notice of the deficiency to the permit holder. The written notice shall require the permit holder to show cause, at a time and place specified in such notice, why the permit should not be revoked or suspended. Should the permit holder fail to present evidence at such hearing which establishes that the permit should not be revoked or suspended, the Chief of Police shall revoke or suspend the permit, taking in consideration the public convenience and necessity, the gravity of the violation, any relevant federal, state and local laws and the potential for harm to the public. The Chief of Police shall give written notice of a suspension or revocation to the permit holder. Within five days of the mailing of a notice of revocation or a notice of suspension, the driver shall cease providing taxicab service within the City. Within five days of the mailing of a notice of revocation, the permit holder shall return the permit to the San Leandro Police Department.

(a) The Chief of Police may issue an order summarily suspending a taxicab driver's permit for a period not to exceed 10 calendar days without having conducted a hearing therefor, if the Chief of Police determines that the continued use of the permit will cause immediate hazard to the public safety, health or welfare. Testing positive for controlled substances or alcohol shall constitute such an immediate hazard to the public safety, health or welfare. The order of suspension shall be personally served to the permit holder.

(b) Ordering an emergency permit suspension pursuant to subsection (a) above shall not prevent the Chief of Police from simultaneously pursuing a suspension or revocation of the taxicab driver's permit pursuant to Section 6-6-355 above.

An applicant whose permit is denied or a permittee whose permit is suspended or revoked may appeal the decision of the Chief of Police to the City Manager as provided in Title 1, Section 9 of this Code.

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. All current permit holders shall be responsible for meeting all requirements of this chapter prior to the anniversary date of the issuance of their current permit or such later date as the Chief of Police may allow.