5.44.220 Owner’s permit.
A. No person shall engage in the business of operating any taxicab within the city without first having obtained an owner’s permit from the regional taxi authority, except as otherwise provided in this chapter.
B. An owner’s permit shall be required for each additional or different taxicab.
C. If a permittee wishes to substitute one vehicle for another, he or she shall file an application with the regional taxi authority who shall cause the taxicab to be submitted to a normal safety inspection, and if the vehicle passes, an approval decal or sticker will be affixed to the substitute taxicab and the decal or sticker will be removed from the original vehicle.
D. Owner’s Permit Application—Application Fee. All persons or businesses applying for an owner’s permit under this chapter shall file with the regional taxi authority an application, under penalty of perjury, including the following information:
1. The name, residence and business address(es) of the applicant.
2. Social security numbers, driver’s license numbers, and dates of birth for all persons named in the application. If the applicant is a partnership or corporation, then the information shall be provided for each partner or corporate officer.
3. Fictitious name under which the business is proposed to operate.
4. Whether any license, permit, or certificate sought by the applicant has been denied, revoked, or suspended by any public agency, explaining in full the circumstances of any denial, revocation, or suspension.
5. The number and type of vehicles proposed to be operated in the business, including year, make, model, license number, VIN, and company-assigned taxicab number.
6. The color, name, monogram or insignia to appear on the vehicles.
7. A complete schedule of fares or rates to be charged and services to be operated, demonstrating compliance with existing fares and rates as established by the regional taxi authority.
8. The location where the business will be operated, including dispatch facilities, storage facilities, repair and maintenance facilities, and fuel dispensing operations.
9. Copies of required insurance policies or, if not yet issued, a written statement from an insurer that such policies will be issued if the application is granted.
10. A statement as to whether any applicant, partner, or corporate officer has been convicted of any misdemeanor or crime, or violation of any municipal ordinance other than minor parking and traffic offenses, the nature of the offense and the punishment or penalty assessed.
11. The facts upon which the applicant believes tend to prove that public convenience and necessity require the granting of a permit.
12. Such other information as the regional taxi authority may deem necessary for promotion of the public health, safety, and welfare.
The regional taxi authority shall establish an owner’s permit application fee that shall accompany any such application.
E. Owner’s Permit Application Process. Upon receipt of an application for an owner’s permit under this chapter, the regional taxi authority staff shall undertake a preliminary investigation to verify the criminal history information submitted by the applicant and shall submit the applicant’s fingerprints to the state of California for criminal history review.
The regional taxi authority shall review the application and the recommendation from the authority staff to determine if it appears there is a need and necessity for the taxicab services proposed, and whether the applicant is of suitable character to provide such services. The regional taxi authority may require the applicant to provide financial information and other documentation to demonstrate the ability to appropriately and lawfully operate the taxicab business proposed. The application shall be reviewed by the regional taxi authority at a noticed public hearing. The regional taxi authority shall approve any such application only if the following findings are first made:
1. The applicant is financially responsible as determined by the regional taxi authority.
2. The applicant is of good moral character consistent with federal, state, and local laws for the public services that will be provided by the owner.
3. Existing taxicab businesses are not adequately serving the public with respect to taxicab services.
4. Such additional taxicab service will not result in a greater hazard to the public or create substantial traffic or parking problems.
The application shall be denied if any of the following findings are first made:
1. The public convenience and necessity do not require the proposed service.
2. The application fails to contain any of the required information as set forth above.
F. Suspension or Revocation of Owner’s Permit. The regional taxi authority shall have the power to suspend or revoke any owner’s permit to operate a taxicab for a violation of any of the provisions of this chapter or any ordinance relating to traffic or use of streets; for a failure to pay any judgment for damages arising from the unlawful or negligent operation of the public motor vehicle for which any owner’s permit was issued; for conduct on the part of any owner which is not conducive to proper service to the public, or to proper relationships with any competitive owner; or for, but not limited to, any of the following reasons:
1. Providing late, false, or inaccurate information in the owner’s permit application; or
2. Allowing operation of a taxicab by a driver not possessing a valid regional taxi authority driver permit stating that the driver is affiliated with the permittee; or
3. Failure to comply with the authority’s regulations; or
4. Failure of authorized drivers to comply with the authority’s regulations; or
5. Operation of any taxicab at a rate higher than the authorized fares; or
6. Failure to comply with the participating jurisdictions’ law enforcement officers, code enforcement officers, authority staff, and/or California Highway Patrol; or
7. Operating its business without the insurance required in these regulations; or
8. Failure to comply with the drug and alcohol policy requirements in these regulations; or
9. Failure to fully satisfy any court judgment entered against the company arising from liability for operating cabs, including, but not limited to, judgments related to collisions or operating without the requisite insurance, within fifteen years after the judgment was originally entered; or
10. Being held liable under any judgment, decision or determination by any public or regulatory agency for operating cabs without the requisite insurance after the adoption of these regulations.
G. Transferability. No owner’s permit issued under this chapter shall be assignable or transferable without the prior approval of the regional taxi authority. Prior to presenting the proposed assignment or transfer to the authority, the transferee shall first submit a statement with the authority staff setting forth the information required to be furnished on an original application as set forth in subsection D of this section. The authority shall investigate the transferee in the same manner as a new applicant and make a recommendation to approve or disapprove the transfer to the regional taxi authority board of directors within forty-five days after the statement is received. (Ord. 2015-04 § 2 (Exh. C), 2015)