Santa Monica Municipal Code Ch. 6.48 Vehicles for Hire

Note: Prior history: Prior code Sections 6400 through 6411 and Ord. No. 1143CCS, adopted 1/8/80; Ord. No. 1813CCS § 5, adopted 9/12/95; Ord. No. 1844CCS § 1, adopted 2/27/96; Ord. No. 1851 §§ 24 and 25, adopted 5/28/96; Ord. No. 2006CCS §§ 1 - 3, adopted 4/24/01; Ord. No. 2126CCS §§ 5 - 11, adopted 6/15/04.

As used in this Chapter, the phrase "vehicle for hire" includes taxicabs, charter­party carriers of passengers other than limousines as defined in the Public Utilities Code, and every automobile or motor-propelled vehicle used for transportation of passengers within and without the boundaries of the City not over a defined route, at rates per person, per mile, per trip, per hour, per day, per week or per month. For the purpose of this Chapter, any person that provides transportation of passengers free of charge to the passenger, with compensation earned through other means such as the sale of advertisements on the vehicles, is a vehicle for hire. Vehicles leased or rented for a period of time to be driven by the lessee or designee and not used for the transportation of passengers are not included. Vehicles for hire providing service only within the boundaries of the City of Santa Monica and not otherwise subject to regulation or licensing by the California Public Utilities Commission shall be referred to as "in-City vehicles for hire."

(Added by Ord. No. 2292CCS § 1, adopted 7/28/09; amended by Ord. No. 2370CCS § 1, adopted 10/11/11; Ord. No. 2501CCS § 1, adopted 11/24/15)

No person shall operate an in-City vehicle for hire business within the City unless the operator first obtains a permit from the City authorizing such operations.

(a) Application. The operator of an in-City vehicle for hire shall file with the City, upon forms supplied by the City, a completed verified application with its business license application and renewal that shall include a description and list of the applicant's vehicles to be used, the vehicle business operations, revenue sources other than the transportation of passengers, passenger fees, driver employee relationship, routes of in-City operations, proof of adequate insurance, address and manner that vehicles are to be stored when not for hire or in operation, and other information as the City may require.

(b) Denial/Conditions. The City shall deny an application if the application is incomplete or does not meet the requirements set forth in this Chapter. The City shall deny or impose mitigating conditions upon any approval of an application if the proposed vehicle operations would create health or safety hazards, or is inconsistent with the requirements of this Code or the City's General Plan.

(c) For the purpose of this Code, a non-motor propelled vehicle is an "in-City vehicle for hire."

(Added by Ord. No. 2292CCS § 1, adopted 7/28/09; amended by Ord. No. 2501CCS § 1, adopted 11/24/15)

No person shall conduct any vehicle for hire business without having first obtained a business license in compliance with this Code.

(Added by Ord. No. 2292CCS § 1, adopted 7/28/09; amended by Ord. No. 2424CCS § 2, adopted 4/23/13; Ord. No. 2501CCS § 1, adopted 11/24/15)

Before any business license is issued or renewed, the owner of the vehicle for hire shall be required to file proof of insurance with the Finance Department in the amount specified by the Risk Manager. This policy must insure the public against any loss or damage that may result to any person or property from the operation of such vehicle. No person shall operate any such vehicle without having a policy as described in this Section in full force and effect at all times during the operation of such vehicle.

(Added by Ord. No. 2292CCS § 1, adopted 7/28/09; amended by Ord. No. 2370CCS § 2, adopted 10/11/11; Ord. No. 2501CCS § 1, adopted 11/24/15)

Vehicles for hire shall be operated by the owner or by an employee or authorized agent of the owner.

(Added by Ord. No. 2292CCS § 1, adopted 7/28/09; amended by Ord. No. 2370CCS § 3, adopted 10/11/11; Ord. No. 2501CCS § 1, adopted 11/24/15)

Any driver of a vehicle for hire employed to carry passengers to a definite point shall take the most direct route practicable that will carry the passengers safely and expeditiously to their destination unless otherwise requested by the passenger.

(Added by Ord. No. 2292CCS § 1, adopted 7/28/09; amended by Ord. No. 2501CCS § 1, adopted 11/24/15)

(a) No person shall offer, pay or agree to pay any consideration, either monetary or non-monetary, to any owner, operator, employee or agent of any hotel or any other business establishment for recommending or directing any passenger, who does not have a reservation made on a prearranged basis, to ride in a specific vehicle for hire or to a specific vehicle for hire company.

(b) No owner, operator, employee or agent of any hotel or any other business establishment shall solicit, demand, accept or agree to accept any consideration, either monetary or non-monetary, or enter into any vehicle for hire service arrangement or agreement for recommending or directing a passenger, who does not have a reservation made on a prearranged basis, to ride in a specific vehicle for hire or to a specific vehicle for hire company.

(c) No owner, operator, employee or agent of any hotel or any other business establishment shall offer, pay or agree to pay any vehicle for hire company or driver in exchange for the company or driver recommending or directing a passenger, who does not have a reservation made on a prearranged basis, to a business establishment operated by a specific owner or operator.

(d) Nothing in this Section prohibits the passenger of a vehicle for hire from tipping or paying a gratuity to the driver of a vehicle for hire, or to an employee or agent of a hotel or other business establishment.

(e) This Section shall not apply to in-City vehicles for hire.

(Added by Ord. No. 2370CCS § 4, adopted 10/11/11; amended by Ord. No. 2501CCS § 1, adopted 11/24/15)

Any person violating any provision of this Chapter shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor, which shall be punishable by a fine not exceeding one thousand dollars per violation, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.

(Added by Ord. No. 2292CCS § 1, adopted 7/28/09; amended by Ord. No. 2501CCS § 1, adopted 11/24/15)