There are hereby established two types of taxicab licenses to be known as "taxicab driver's license," which are described as follows:
A. 
Taxicab owner's license. A taxicab owner's license shall be issued to a person who can prove ownership of a vehicle which is intended to be used as a taxicab and whose application for a taxicab owner's license shall be approved pursuant to this chapter. A taxicab owner's license shall entitle the individual licensed motor vehicle equipped as a taxicab to pick up passengers within the City limits and to otherwise be lawfully operated within the City, by any individual with a duly authorized taxicab driver's license until either of said licenses either expires or is surrendered, expires or is revoked. A taxicab owner's license shall be transferable to a successor owner of any person who holds said licenses. A separate owner's license is required for each vehicle. The City Commission of the City of Margate may limit the total number of taxicab owner's license to be issued within the City of Margate.
B. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, pertaining to taxicab driver's license, was repealed 9-4-2003 by Ord. No. 2003-17.
No taxicab license shall be granted authorizing the operation of any vehicle as a taxicab unless said vehicle conforms with all the provisions of this chapter.
A. 
The City Commission hereby finds and determines that the number of taxicabs necessary for the convenience of the residents of the City shall not exceed eight taxicabs unless the Commission, by resolution, from time to time shall find and determine that the public convenience and necessity require a greater or lesser number than eight and fixes said maximum number.
B. 
At such time that the City Commission determines the number of licenses should be increased or the City has acquired any licenses through revocation or repossession, the additional licenses shall be offered through a lottery procedure.
C. 
In order to qualify for the lottery, the applicant must certify, in writing, that he/she is financially capable of paying an amount equal to the fair-market value of the license at the time of the lottery. The fair-market value shall be established by the City Commission. The City Clerk may require whatever additional information is necessary to establish that the applicant is financially capable. The applicant must be 18 years of age.
D. 
The applicant shall only be entitled to obtain one license in the lottery, regardless of the number of licenses involved in said lottery.
E. 
Each applicant who shall participate in the lottery shall pay a deposit of $1,000, to be in the form of a certified check. After said lottery, the one who is to receive the license must pay the balance of the fair-market value within 60 days. If the payment is not made within said period, the City shall retain the license, and the deposit of $1,000 shall be forfeited to the City. If the applicant is not selected, the deposit will be refunded.
F. 
Taxicab licenses shall be limited to no more than two per owner except present licensees may have up to five.
G. 
The City shall deliver to the taxicab owner a certificate of ownership for the taxicab license.
The City Commission shall determine the number of taxicab stands and their location in the City which may be changed at any time.[1] No cabs when not in service shall be parked in Margate except in an enclosed garage.
[1]
Editor's Note: See Ch. 257, Vehicles and Traffic, § 257-34.
A. 
All applications for taxicab owners' licenses shall be in writing, in a form established by the City Clerk or his designee and shall contain at least the full name and address, date of birth, social security number and a photocopy of the driver's license of the owner, the serial number, type, color, year and make of the taxicab to be operated pursuant to said taxicab owner's license, the state vehicle registration card, proof of existence of insurance coverage, and the number of doors on said vehicle. If the person applying for said taxicab owner's license is a partnership, all partners shall be listed thereon or if a corporation all stockholders holding 10% or more of stock in said corporation shall be listed thereon, or if a joint venture all participants shall be listed thereon. All applications shall be filed with the City Clerk or his designee, who shall, prior to submitting the application to the City Council for approval, receive proof from the applicant that the applicant is at least 18 years of age and a citizen of the United States of America or a lawful resident of the United States. If the applicant is a corporation, such corporation must be organized and existing under the laws of the State of New Jersey and must present proof thereof, or, if organized and existing under the laws of another state, be officially authorized to do business in the State of New Jersey and must supply the name and address of a New Jersey registered agent for said corporation. All applications for taxicab owners' licenses shall contain a phone number, where the applicant can be reached on a twenty-four-hour emergency basis. It is the burden of the applicant to continually inform the City of Margate as to any changes in said emergency telephone number.
B. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, pertaining to a taxicab driver's license application requirements, was repealed 9-4-2003 by Ord. No. 2003-17.
C. 
All applications as stated herein shall be filed with the City Clerk, or his designee, who shall submit said applications upon the completion of any investigations as set forth in this chapter to the City for action.
D. 
If, upon inspection by the State of New Jersey Division of Motor Vehicles, the taxicab is found to be in a safe condition for the transportation of passengers and upon payment of the fee prescribed in § 245-12, the City Clerk shall then issue a taxicab license which shall state:
(1) 
The name and address of the licensee.
(2) 
The official license number of the taxicab.
(3) 
The description and identification number of the vehicle authorized under said license.
(4) 
The New Jersey registration number.
(5) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(5), pertaining to taximeter, was repealed 9-4-2003 by Ord. No. 2003-17.
(6) 
The date of inspection by State of New Jersey Division of Motor Vehicles.[3]
[3]
Editor's Note: Former Subsection D(7), pertaining to a list of authorized drivers, which immediately followed this section, was repealed 9-4-2003 by Ord. No. 2003-17.
E. 
This license is to be located in the view of the passengers of the taxicab at all times.
[1]
Editor's Note: Former § 245-9, Application procedure, was repealed 9-4-2003 by Ord. No. 2003-17.
[1]
Editor's Note: Former § 245-10, Investigation of applicant; report, was repealed 9-4-2003 by Ord. No. 2003-17.
[1]
Editor's Note: Former § 245-11, Consideration of application, was repealed 9-4-2003 by Ord. No. 2003-17.
[1]
Editor's Note: Former § 245-12, Issuance of license, was repealed 9-4-2003 by Ord. No. 2003-17.
A. 
No taxicab owner licensee shall operate, cause or permit to be operated any taxicab unless the provisions of Article I of Chapter 16 of Title 48 of Annotated Statutes of New Jersey, as amended and supplemented (N.J.S.A. 48:16-1 et seq.), relating to liability and property damage insurance and power of attorney, have been and continue to be complied with, unless otherwise required by state law. This includes filing a current insurance policy with the City Clerk, showing all coverage(s) as required under state requirements.
[Amended 9-4-2003 by Ord. No. 2003-17]
B. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, pertaining to insurance policy specifics, was repealed 9-4-2003 by Ord. No. 2003-17.
C. 
Such policy shall provide coverage for every driver of each vehicle listed in the policy. Issuance of the taxicab owner's license by the City of Margate shall constitute an agreement binding between the applicant and the City that the applicant agrees to indemnify and hold the City harmless from any and all claims or damages arising out of bodily injury and or property damage made by third parties as a result of or incidental to the issuance of said license and the operation of any such taxicab. An owner's license may be deemed to have been surrendered on receipt of notice of cancellation of the insurance policy and shall be deemed surrendered if the policy is not renewed or replaced with regard to a particular vehicle within 30 days thereof.
A. 
The annual taxicab owner's license shall be $150 per taxicab. The license shall be effective for a period from January 1 to December 31. Upon adoption of this chapter, all fees shall be prorated until December 31, 1999.
B. 
There shall be an administrative transfer fee of $100 for transfer of any taxicab owner's license.
C. 
There shall be an administrative fee of $25 for the issuance of a taxicab owner's license for a vehicle replacing that originally licensed. In addition, the actual cost of replacement of any medallion or insignia issued by the City of Margate shall be charged.[1]
[1]
Editor's Note: Former Subsection D, relating to taxicab driver's license, which immediately followed this section, was repealed 9-4-2003 by Ord. No. 2003-17.
A. 
No sale or transfer of a taxicab license shall be transacted without approval from the City Commission. The seller and buyer of the taxicab license shall supply the City Clerk with all required information regarding the transfer.
B. 
A vehicle listed on the license may be substituted or replaced by another vehicle only after the vehicle sought to be substituted shall have been inspected by the State of New Jersey Division of Motor Vehicles and approval given by the Chief of Police and such vehicle complies with the provisions of this chapter.
C. 
An owner shall replace a taxicab when ordered by the City Clerk and/or the Chief of Police where is appears that the vehicle no longer meets the reasonable standards for safe operation. Upon failure to comply with such order, the license may be suspended by the City Commission, upon written notice of the action proposed and an opportunity to be heard by the City Commission. The license shall not be returned until said order is executed by the licensee.
D. 
Licenses granted under the preceding sections of this chapter may be revoked or suspended at any time by the City Clerk, as hereinafter provided, subsequent to a hearing by the Commissioners if the vehicle shall not be in a safe condition for the transportation of passengers and kept in conformity to the terms of this chapter.
E. 
The owner of a taxicab license shall maintain a record of all repairs to vehicles and equipment. This record shall be kept in the vehicle at all times, and all repairs, however minor, shall be recorded.
F. 
The owner of any taxicab, the use of which has been discontinued, shall surrender his/her emblem and license to the City Clerk.
G. 
A taxicab license cannot lie dormant more than six months. If said license remains dormant, it shall revert to the City. If, however, an extension is needed, a written request shall be made to the Commission, detailing reasons for such request. This petition must be received by the City Clerk prior to the expiration of the six months. A decision shall be rendered by the Commission, after written notice and a hearing before said Commission. The burden will be on the owner of the license to show a reason of undue hardship.
H. 
The owner of any taxicab shall record all requests for service as received and retain a record of each such call for not less than one year. Records shall contain no less than the following:
(1) 
Date and time received.
(2) 
Location at which passenger(s) is (are) to be picked up; driver to whom the call was assigned.
(3) 
Destination of passenger(s).
(4) 
All records shall be subject to inspection at any time by City officials.
I. 
An owner shall report any motor vehicle accident involving his/her taxicab to the City Clerk within 24 hours, regardless of the jurisdiction in which the accident occurred.
J. 
An owner shall not require, authorize or permit a driver to operate a taxicab for more than 12 hours in any continuous twenty-four-hour period.
K. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection K, relating to taxicab drivers, was repealed 9-4-2003 by Ord. No. 2003-17.
L. 
An owner may lease or rent his license or licensed vehicle to any other party.
(1) 
Prior to the lessee's taking possession of the taxi license, a leasing disclosure statement, signed by both parties, must be filed, in person, by the owner of the license, with the City Clerk, indicating:
(a) 
The date of execution of the contract;
(b) 
The names and addresses of the lessor and lessee and their social security numbers or federal identification numbers.
(c) 
The number of the Margate license.
(d) 
The terms of the contract, not to exceed one year and not to be less than four months. All leases should be terminated on date that Margate license fees are due.
(e) 
The name and address of the insurance carrier, the policy number and its expiration date, and that the insurance specifically covers Margate City.
(f) 
A copy of the New Jersey motor vehicle registration.
(g) 
Approval by the City Commission after the police investigation.
(h) 
Fee of $75.
(2) 
Regardless of the terms of the lease, the lessor is responsible for complying with all laws, rules and regulations governing owners.
(3) 
If a lease or its renewal is terminated for any reason, the lessor shall notify the City Clerk in writing within 48 hours of such termination.
(4) 
An owner shall not authorize or allow a lessee or rentee of a Margate license to sublease that license or vehicle to another party. Lessees are prohibited from subleasing the licenses, which they lease from the owner. Lessees and renters shall operate under the license that they contract or rent from the owner. A lessee or rentee of a Margate City licensed taxi may not sublease that vehicle.
(5) 
A person who is a lessee or rentee shall not be a lessee to any other Margate license or Margate licensed vehicle and shall not operate any other Margate license or Margate licensed vehicle other than the one he is leasing or renting.
A. 
The City Commission shall have the authority to suspend or revoke any taxicab license issued under this chapter whenever, for just cause and in the public interest, the Commission deems suspension or revocation is warranted, including, but not by way of limitation, where the licensee has:
(1) 
Discontinued operations for more than six months.
(2) 
Committed a violation of any ordinance of the City of Margate or the laws of the United States or the State of New Jersey, the violation of which reflects unfavorably on the fitness of the licensee to offer public transportation.
(3) 
Violated any of the provisions of this chapter.
(4) 
Performed any act which would be a basis for denial of the application.[1]
[1]
Editor's Note: Former Subsection A(5), relating to taxicab drivers, which immediately followed this section, was repealed 9-4-2003 by Ord. No. 2003-17.
B. 
Prior to suspension or revocation, the licensee shall be given written notice of the action proposed to be taken and the reasons therefor. The licensee shall have an opportunity to be heard by the City Commission.
C. 
For any of the above or if the vehicle is found to be unsafe by a police officer, the taxi license may be suspended immediately by the police officer, who will take the license from the taxi and turn it over to the City Clerk with an explanation of reason for immediate suspension.
A. 
The Chief of Police and/or City Clerk shall have and is hereby given the authority to suspend or revoke any taxicab license issued under this chapter if the licensee has:
[Amended 9-4-2003 by Ord. No. 2003-17]
(1) 
Violated any of the provisions of this chapter.
(2) 
Violated any of the ordinances of the City or the laws of the United States or of the State of New Jersey, the violation of which reflects unfavorably on the fitness of the licensee to drive a taxicab.
(3) 
Performed any act which would be the basis for a denial of the application.
B. 
A person whose license is suspended or revoked may, within 30 days, request a personal appearance before the Commission to offer evidence as to why the suspension or revocation should be reconsidered.
A. 
No owner or operator of any taxicab shall induce any person to use said taxicab by knowingly misinforming or misleading any such person, either as to the time or place of the arrival or departure of any interstate vehicle or as to the location of any hotel, public place or over any other route than that to which said passenger instructed said driver to go.
B. 
No taxicab owner or operator, or employee of either, shall divert or attempt to divert any passenger from patronizing any place of business of his/her choice to any place of business.
C. 
No taxicab owner or operator, or employee of either, shall offer or give money or other thing of value to any employee of any place of business in consideration for the soliciting or obtaining of taxicab passengers for the aforesaid taxicab owner, operator or agent or employee.
D. 
All taxicab operators shall, at all times while operating their taxicabs, wear clothing that is clean and neat.
[Amended 9-4-2003 by Ord. No. 2003-17]
E. 
The driver of any taxicab shall, upon demand by the passenger, render to such passenger a receipt for the amount charged, either by a mechanically printed receipt or by a specially prepared receipt, on which shall be the name of the owner, license number or motor number, amount of meter reading or charges and the date of the transaction.
F. 
No alcoholic beverage shall be carried in the passengers' or driver's section of the taxicab except by the passenger. The passenger shall not carry an open or unsealed can or bottle containing an alcoholic beverage upon entry into the taxicab or while riding in the taxicab.
G. 
Every operator of a taxicab, immediately after the discharge of a passenger, must search such taxicab for any property lost or left therein, and any such property found, unless sooner claimed or delivered to the owner, must be reported, in writing, by the operator or owner of the taxicab to the City Clerk with the particulars and description of the property within the 12 hours after the finding thereof.
H. 
A driver shall not indicate by work, motion or gesture that he/she is restricting his/her direction of travel or designation. The taxicab driver shall not ask a passenger for a destination until the passenger is seated.
I. 
Official notice will be taken of any misconduct, deceit, fraud, subterfuge or action of the driver which is not specifically mentioned in the rules. Any violation of these rules may result in suspension or revocation of license.