Suisun City Municipal Code Art. II Certificate of Public Convenience and Necessity

No person shall operate or permit a taxicab owned or controlled by him/her to be operated as a vehicle for hire upon the streets of the city without first having obtained a certificate of public convenience and necessity for such taxicab from the city council. Any company in business on the date the ordinance codified in this chapter is adopted shall have 60 days to apply for the certificate.

(Ord. 412 § 2-A, 1977)

All persons applying to the city council for a certificate for the operation of one or more taxicabs shall file with the city administrator a sworn application therefor on forms provided by the city administrator as follows:

A. The name and address of the owner or person applying;

B. The number of vehicles actually owned and the number of vehicles actually operated by such owner on the date of application, if any;

C. The number of vehicles for which certificates of public convenience and necessity are desired;

D. The number and suggested location of taxicab stands, if any are sought;

E. The make, type, year of manufacture and passenger seating capacity of each taxicab for which application for a certificate of public convenience and necessity is made;

F. The make and type of taximeter intended to be installed on each taxicab for which application for certificate is made;

G. A description of the proposed color scheme, insignia, trade style and any other distinguishing characteristics of the proposed taxicab design;

H. Such other information as the city administrator may require.

(Ord. 412 § 2-B, 1977)

In determining whether the public convenience and necessity require the operation of a taxicab for which application is made, the city council shall hold such public hearings as may be necessary to determine that fact.

(Ord. 412 § 2-C, 1977)

A. Having declared that the public convenience and necessity require the taxicab service, the city council shall grant a certificate of public convenience and necessity to those persons applying therefor who, in its opinion, are entitled thereto. The council shall, in its discretion, determine the number of certificates to be granted to any applicant.

B. No certificate shall be issued to any person who has not fully complied with all of the requirements of this chapter necessary to be complied with before the commencement of operation of the proposed service.

(Ord. 412 § 2-D (part), 1977)

Upon granting of such certificate, the holder shall, within 30 days, start operation of the taxicab and shall regularly and continuously operate the taxicab for a period of not less than eight hours per day, five days per week, conditions preventing such operation which are beyond the control of the holder excepted.

(Ord. 412 § 2-D(part), 1977)

Each taxicab operator to whom a certificate of public convenience and necessity is issued shall cause a copy of the certificate of convenience and necessity, duly authenticated by the city administrator, to be conspicuously displayed at all times in each cab for which the certificate has been granted.

(Ord. 412 § 2-E, 1977)

No certificate of public convenience and necessity may be sold, assigned or otherwise transferred without the prior consent of the city council. The council may grant or deny or impose such conditions with respect to the transfer of a certificate of public convenience and necessity as it may deem to be in the best interests of the public safety and general welfare. No certificate of public convenience and necessity may be mortgaged.

(Ord. 412 § 2-G, 1977)

A. Certificates issued under the provisions of this article may be revoked or suspended by the city council if the holder thereof has:

1. Violated any of the provisions of this chapter;

2. Discontinued regular and continuous operations for more than 15 days without having obtained permission for cessation of such operation from the chief of police;

3. Violated this code or any other ordinances of the city or laws of the United States or the state, the violation of which reflect unfavorably on the fitness of the holder to offer public transportation.

B. Prior to suspension or revocation under this section, the holder shall be given notice of the proposed action to be taken and shall have an opportunity to be heard. The decision of the city council shall be final.

(Ord. 412 § 2-H, 1977)

After the service for which a certificate is granted under this article is discontinued from regular and continuous operation or if the person sells or discontinues his business for a period of 45 days, the certificates granted shall be automatically cancelled and shall be reissued only in accordance with the provisions of this chapter.

(Ord. 412 § 2-I, 1977)

A. Certificates of public convenience and necessity which have been suspended or revoked by the city council or have been cancelled shall forthwith be surrendered to the chief of police and the operations of any taxicab covered by such certificates shall cease and any operation thereafter is unlawful.

B. The owner may not secure additional certificates for the operation of any taxicab without having first made application therefor in the manner provided in this article.

(Ord. 412 § 2-J, 1977)

Except as otherwise provided, whenever an owner sells or transfers title to a taxicab for which a certificate has been granted and, within 30 days after such sale or transfer, purchases other taxicabs, the chief of police, upon written request of the applicant within 30 days after such sale or transfer, purchases other taxicabs, the chief of police, upon written request of the applicant within 30 days of such purchase, shall issue a new certificate for the operation of no greater number of taxicabs than those sold or transferred; provided, that the owner has complied with all the provisions of this chapter. No replacement cab shall be put into operation before a certificate covering its operation has been obtained as required by this section.

(Ord. 412 § 2-K, 1977)