San Marino Municipal Code Art. 03 Certificate of Public Convenience

It shall be unlawful for any person to engage in the business of operating any taxicab in the city without first having obtained from the city a certificate of public convenience and necessity. (Ord. 953, 3-15-1989)

All persons applying for a certificate of public convenience and necessity shall file with the city clerk a sworn application containing all information required in sections 12.02.02 and 12.02.03 of this chapter. All applications shall be accompanied by a fee set by city council resolution; provided, however, that an applicant who also requests to operate a taxicab stand need pay only one application fee. (Ord. 0-07-1191, 10-10-2007)

Upon receipt of a fully completed application for a certificate of public convenience and necessity to engage in the business of operating a taxicab on the public streets and thoroughfares of the city and completion of the background investigation, the city clerk shall set a time not sooner than fifteen (15) days nor more than forty five (45) days thereafter for the hearing of said application before the city council.

Written notice of each hearing shall be given to all persons to whom certificates of public convenience and necessity for operation of a taxicab have been heretofore issued. Due notice of the time and place of the public hearing before the city council shall be given to the general public by publication in a local newspaper of general circulation. (Ord. 953, 3-15-1989)

The city council shall issue a certificate of public convenience and necessity if the council finds, following the hearing, that the public convenience and necessity requires the proposed service and that the following conditions exist:

A. That the applicant is financially responsible and that the officers of said applicant are of good moral character.

B. That the applicant has complied with the provisions of all city, state and federal laws applicable to the proposed operations.

C. That the service requested will not result in a hazard to the public.

D. That the vehicles described in the application and proposed to be used are adequate and safe for the purpose intended.

E. That all the information contained in the application has been verified as true, correct and sufficient.

F. That the applicant is fit, willing and able to perform such public transportation and to conform to the provisions of this code and all rules promulgated by the city manager. (Ord. 953, 3-15-1989)

The certificate of public convenience and necessity shall specifically designate the number of taxicabs authorized by the certificate. (Ord. 953, 3-15-1989)

All persons receiving a certificate of public convenience and necessity shall obtain a city business license pursuant to section 11.05.08 of this code prior to beginning business within the city. (Ord. 953, 3-15-1989)

No certificate of public convenience and necessity may be sold, assigned, mortgaged or otherwise transferred without the consent of the city council. (Ord. 953, 3-15-1989)

The initial certificate of public convenience and necessity issued hereunder to any applicant shall be for a period of one year, at the end of which time the certificate holder may reapply for a new certificate. Every certificate issued, other than as an initial certificate, shall be for a period of ten (10) years. All certificates are subject to revocation in the manner prescribed herein. (Ord. 953, 3-15-1989)

After the service for which a certificate is granted hereunder is discontinued or if the owner transfers ownership of the business or discontinues the service for a period of forty five (45) days, the certificate shall be automatically null and void and shall be reissued only in accordance with the provisions hereof for a new certificate. (Ord. 953, 3-15-1989)

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

A. Violated any of the provisions of this code;

B. Violated any laws of the city or of the state or of the United States, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation. (Ord. 953, 3-15-1989)

Upon being informed that sufficient justification exists to suspend or revoke a certificate of public convenience and necessity, the city council shall fix a time and place for a public hearing thereon. At least ten (10) days' written notice setting forth the grounds for suspension or revocation and information regarding the time and place where such hearing will be held shall be given to the holder of the certificate in question and to all other holders of valid certificates. Notice of the time and place of such public hearing before the city council shall be given as required by law. (Ord. 953, 3-15-1989; amd. 1994 Code)

If the city council finds that sufficient justification does exist for the suspension or revocation of a certificate, then the council shall, by resolution, demand that such certificate be surrendered to the city manager. Certificates which have been suspended or revoked by the city council shall forthwith be surrendered to the city manager, and the holder shall not permit operation of any taxicabs covered by such certificate. (Ord. 953, 3-15-1989)

A potential buyer or other transferee of a business for which the city council has issued a certificate of public convenience and necessity must make application to the city for a new certificate pursuant to section 12.03.02 of this article. The holder and transferor of the certificate must file an affidavit of intention to surrender and cancel the existing certificate and licenses conditionally upon and concurrently with the consummation of sale and issuance of a new certificate and licenses in the name of the transferee.

If the transferee meets the requirements set forth herein for the issuance of a certificate of public convenience and necessity, the council shall issue a new certificate to the buyer and, concurrently herewith, shall cancel the transferor's certificate.

The transferor may not operate a taxicab covered by the certificate in the city until a certificate has been issued to the transferor. (Ord. 953, 3-15-1989)