5.44.230 Taxicab driver’s permit required.
A. It shall be unlawful for any person to operate any taxicab in the city unless he or she has a valid taxicab driver’s permit issued by the regional taxi authority.
The regional taxi authority staff shall administer and maintain taxicab driver’s permits and records for taxicabs operating in the city.
B. Taxicab Driver’s Permit Application—Process. Application for a taxicab driver’s permit shall be filed with the authority, along with any fee(s) as established by the regional taxi authority for the issuance of such permit. The application shall be in writing and made under penalty of perjury. The authority 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. Any information submitted in the application that is false, or any required information that is omitted, shall result in denial of the permit. The application shall include but not be limited to the following information:
1. The name, age, and address of the applicant.
2. Past experience operating motor vehicles generally and taxicabs specifically.
3. The names and addresses of former employers during the preceding three-year period.
4. The places of residence during the preceding three-year period.
5. Whether or not a driver’s license issued to the applicant has ever been revoked or suspended.
6. A copy of the applicant’s current driver’s license and a DMV H-6 Driving Record and Vehicle Registration Report.
7. An endorsement of the owner of the taxicab business for whom the applicant seeks to drive a taxicab.
8. Proof of the applicant’s negative test results for controlled substances and alcohol.
Upon the request of an applicant, the regional taxi authority shall provide a list of the consortia certified pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations that the authority knows offers controlled substance and alcohol tests in Monterey County.
C. Taxicab Driver’s Permit Application Fee. An application for a taxicab driver’s permit shall be made to the regional taxi authority, and at the time of filing such application, a fee in an amount to be set by resolution shall be paid to the regional taxi authority; provided, that such fee shall include the amount set by the state to cover the cost of processing such applications.
D. Taxicab Driver’s Permit Requirements and Prohibitions. No taxicab driver’s permit shall be issued to any person who:
1. Is under age twenty-one at the time of application.
2. Fails to provide documentation of either citizenship or employment authorization as required by the Immigration and Reform Control Act of 1986 (8 USC 1324a).
3. Has been convicted of a felony.
4. Has been convicted of any offense specified in the California Vehicle Code involving reckless driving or alcohol or drug offenses except convictions more than seven years old or whose convictions have been expunged or set aside pursuant to satisfactory completion of a court approved diversion program.
5. Has been convicted of two or more violations of the offenses set forth in Sections 22349 through 22352 of the California Vehicle Code, and amendments thereto, or any combination of either or any of such offenses within one year immediately preceding submittal of an application for or renewal of a driver’s permit.
6. Fails to possess a valid driver’s license suitable for operation of a taxicab.
7. Has received a positive test result in any random test for controlled substances or alcohol within the past twelve months.
8. Provides false or materially incomplete information required for issuance of the permit.
9. Has been convicted of an offense which requires registration pursuant to California Penal Code Section 290.
10. Has been convicted within five years of an offense involving the sale of a controlled substance even if expunged pursuant to California Penal Code Section 1203.4.
11. Has been convicted within five years of any offense involving the use of force or violence upon another person.
12. Has been convicted of more than one violation of driving while under the influence of any drug or alcohol within the past seven years prior to application.
13. Is on parole or probation for a crime, and the crime is substantially related to the qualifications, functions, or duties of a taxicab driver in a potentially negative manner.
14. Has had a taxicab driver’s permit issued by any jurisdiction revoked within the past three years.
15. Fails to provide a medical clearance that meets the standard set forth by the California Department of Motor Vehicles, Motor Carrier Safety Regulations (49 CFR 391.41 through 391.49). This is satisfied by providing a completed Medical Examination Report for Commercial Driver Fitness Determination Form or a Medical Examiner’s Certificate issued by the California Department of Motor Vehicles.
Every taxicab driver’s permit issued pursuant to this chapter shall set forth the name of the owner for whom such driver is authorized to operate a taxicab, and shall be valid only so long as the driver continues to drive for such owner.
All drivers of taxicabs shall display their taxicab driver’s permit in a conspicuous place in the passenger compartment of the taxicab whenever the taxicab is being used to transport passengers.
E. Issuance of Permits. The regional taxi authority shall investigate the applicant for a taxicab driver’s permit under this chapter and after such investigation shall either grant or deny the permit. Any person whose application has been denied may within ten days after such denial request that the denial of his application be reviewed by the regional taxi authority board of directors. The authority board of directors shall, after a hearing, either grant or deny such permit.
F. Renewal of Permit—Termination.
1. All taxicab driver’s permits issued pursuant to this chapter expire annually on their anniversary date unless earlier terminated, suspended, or revoked pursuant to the provisions set forth herein.
2. Drivers may renew their permit if still qualified to operate a taxicab by meeting all the permit requirements set forth in this chapter for new taxicab driver’s permits, including, but not limited to, passing the test for controlled substances and alcohol.
3. Taxicab driver’s permits are void upon termination of taxicab driver’s employment with the owner listed on their permit. Each driver shall return the permit to the regional taxi authority upon such termination.
4. It shall be unlawful to transfer any taxicab driver’s permit to any other person.
G. Suspension or Revocation of Permit. Either the regional taxi authority or the chief of police shall have the authority to immediately suspend any taxicab driver’s permit in the event the holder is arrested, charged, or cited for any violation of the California Vehicle Code. The regional taxi authority may suspend or refuse to renew any taxicab driver’s permit if the driver is:
1. Convicted of, or has plead guilty or nolo contendere to, the violation of any law within the past five years involving the commission of a misdemeanor, including, but not limited to, any sexual offense; the illegal use, possession, or distribution of drugs or other controlled substances; any charge involving robbery, theft, stolen property, assault, battery; or any crime involving moral turpitude that occurred within the past five years;
2. Convicted of driving recklessly or while under the influence of alcohol or controlled substances;
3. Has his or her driver’s license suspended or revoked;
4. Found to test positive for any controlled substance or alcohol during any test;
5. Found to have violated any provision of this chapter; or
6. Found to have provided false information or omitted information required on a taxicab driver’s permit application.
Any driver whose permit has been suspended may, within ten days, file an appeal with the regional taxi authority board of directors. If no appeal is received within ten days, the taxicab permit shall be considered revoked and there will be no further right to an appeal, unless the regional taxi authority finds that there are reasonable grounds for failing to appeal within the ten-day period. The board of directors shall hold a duly noticed public hearing within sixty days from receiving the appeal, unless the taxicab driver agrees to an extension or requests an expedited hearing. If an expedited hearing is requested the regional taxi authority shall endeavor to set an earlier date for the hearing but is not required to set an earlier date.
The hearing shall comply with the applicable provisions for the protection of the due process rights of the taxicab driver and the taxicab driver will be given the opportunity to be heard. The regional taxi authority board of directors shall adopt rules for conducting the hearing in compliance with applicable due process procedures. The board shall either grant or deny the appeal, based on substantial evidence, and shall support its decision with factual findings, in writing. The decision of the board will issue within ten days of the conclusion of the hearing and will be final. If the board upholds the appeal, the taxicab driver’s permit shall be reinstated. If the board denies the appeal, the taxicab driver’s permit shall be revoked and may only be reinstated as set forth in this chapter.
A taxicab driver shall not operate a taxicab during the time period in which the driver’s permit is suspended. The regional taxi authority may, but is not required to, issue a temporary permit, as set forth below, which will allow the taxicab driver to temporarily operate until such time as the regional taxi authority board of directors has issued a final decision. In order to issue such a permit, the regional taxi authority must, in addition to the requirements set forth below, make findings that the public safety and health will not be harmed by the issuance of a temporary driver’s permit and unusual circumstances exist which require the issuance of a temporary driver’s permit.
H. Temporary Permits. The regional taxi authority, in its sole discretion, may grant a temporary permit to drive or operate any taxicab, pending final action on any application for a permanent taxicab driver’s permit as provided in this chapter, but no such temporary permit may be issued to any person who does not have a valid driver’s license issued by the state, who is not employed or possessing a written offer of employment as a taxicab driver in the city, or who has not provided evidence of negative controlled substance and alcohol testing as required by Section 5.44.240.
I. Records to Be Kept by the Regional Taxi Authority. The regional taxi authority shall keep a record of each driver granted a taxicab driver’s permit under the provisions of this chapter, which record shall contain the full name, age, residence, places of residence for two years preceding the date of application, race, weight, height, color of eyes and hair, fingerprints, place of birth, places of previous employment covering three years preceding the date of application, whether the driver has ever been convicted of a felony or of a misdemeanor, and whether he or she has ever been previously licensed as a driver, and if so, whether his or her license has ever been revoked and for what cause. (Ord. 2015-04 § 2 (Exh. C), 2015)