Atlantic City, NJ Taxicabs

Editor's Note: This ordinance also repealed the former definition of "medallion," which immediately followed this definition.

[2]

Editor's Note: The former definition of "taxicab license," which immediately followed this definition, was repealed 7-24-2002 by Ord. No. 25-2002.

§ 233-2 Licensing and operation regulations.

Applications for taxicab licenses.

An applicant for a taxicab license shall file an application jointly with the transferor of the license.

An individual, the members of a partnership, the members of a limited-liability company, or the officers of a corporation applying for a taxicab license or its renewal must be:

[Amended 11-19-1986 by Ord. No. 79-1986; 7-24-2002 by Ord. No. 25-2002; 9-20-2006 by Ord. No. 71-2006]

At least 18 years of age;

Citizens who reside in or permanent residents of the United States, with addresses for service of process in the State of New Jersey; and

[Amended 4-8-1992 by Ord. No. 29-1992]

Of good moral character.

An applicant for a taxicab business and/or license shall affirm that the taxicab business and/or license shall not be used and operated for unlawful purposes and shall comply with applicable laws.

[Added 8-4-2010 by Ord. No. 56-2010]

The applicant must demonstrate to the satisfaction of the Director that:

He is qualified to assume the duties and obligations of an owner of a taxicab license.

[Amended 7-24-2002 by Ord. No. 25-2002]

He is the owner of a vehicle meeting all requirements of the Director and all other governmental agencies having concurrent jurisdiction.

He has liability insurance coverage by bond or policy as required by the City of Atlantic City, specifically coverage for Territory 19.

He has the certificate of title or photostat thereof and the certificate of registration, both of which must be in the name of the applicant unless title is retained by a lessor.

He has furnished to the Director all required information concerning the financing of the purchase of the taxicab.

[Amended 7-24-2002 by Ord. No. 25-2002]

Filing.

If the owner is a partnership, it shall file with its license application a certified copy of the partnership certificate from the Clerk of the county where the principal place of business is located.

If the owner is a joint venture, it shall file with its license application a copy of the joint venture agreement.

[Amended 11-19-1986 by Ord. No. 79-1986]

No corporate or trade name will be accepted by the Director which is similar to a name already in use by another owner.

(6)

If the application is a corporation or a limited-liability company, it shall file with its license application a certified copy of its certificate of incorporation or certificate of formation. A list of its officers and shareholders or members as the case may be and a certified copy of the minutes of the meetings at which the current officers were elected shall also be provided. No individual, partnership, limited-liability company, corporation or any person having a ten-percent or greater interest in another partnership, limited-liability company, or corporation may own more than 25 taxicab licenses.

[Amended 11-19-1986 by Ord. No. 79-1986; 7-24-2002 by Ord. No. 25-2002; 9-20-2006 by Ord. No. 71-2006]

(7)

An applicant or renewal applicant shall not offer or give any gift or gratuity to any employee, or representative of the Director, and shall immediately report to the Director any request or demand for any gift or gratuity, or any unlawful solicitation, by any employee or representative of the Director.

(8)

If the Director determines that the applicant or renewal applicant has failed to meet the requirements for a taxicab license he may deny the license or its renewal and shall specify in writing to the applicant or renewal applicant the reasons for such denial.

[Amended 7-24-2002 by Ord. No. 25-2002]

(9)

Any material falsification contained in an original or renewal application for a taxicab license, any failure to notify the Director of any attempt by an owner or applicant to conceal the identity of a party having an interest in the ownership of a taxicab license or taxicab shall be cause for denial of such application or revocation or suspension of such license, in addition to any other sanctions imposed by the Director.

[Amended 7-24-2002 by Ord. No. 25-2002]

(10)

If at any time during the term of the owner's taxicab license, the Director becomes aware of information that the owner no longer meets the requirements for a taxicab license, the Director either may deny the owner's renewal application or suspend or revoke his license.

[Amended 7-24-2002 by Ord. No. 25-2002]

(11)

Effective with the adoption of this article, no individual, partnership, limited liability company, or corporation can own more than 25 taxicab licenses. This provision is not construed to be retroactive.

[Amended 7-24-2002 by Ord. No. 25-2002]

(12)

No taxicab license shall be issued to or renewed for any taxicab fleet, taxicab mini fleet or independent taxicab owner unless and until proof shall have been given to the Director or his designee that such taxicab fleet, mini fleet or independent owner has adequately provided for the safety of children under the age of eight years or 80 pounds who are passengers in a taxicab operated by them. In the case of a taxicab fleet or mini fleet, such proof shall consist of a written policy and posted notice at the base of operation and in all fleet taxicabs, conspicuous to drivers, setting forth that prior to the operation of the taxicab children eight years of age or younger or less than 80 pounds who are passengers in a taxicab shall be placed in a federally approved child restraint seat. A taxicab fleet or mini fleet must at all times keep and maintain in fleet vehicles or at the base of operation a total number of federally approved car seats equal to 25% of the number of licensed taxicabs in its fleet, which shall at all times be available for use by drivers of fleet taxicabs. In the case of an independent owner, such proof shall consist of proof that the independent owner keeps and maintains a federally approved car seat in the passenger compartment or trunk of the licensed vehicle at all times for use in accordance with this Subsection A(12) and Subsection X.

[Added 9-11-1991 by Ord. No. 63-1991[1]; amended 7-24-2002 by Ord. No. 25-2002]

Editor's Note: This ordinance also provided that holders of taxicab medallion licenses prior to the effective date of this Subsection A(12) and Subsection X shall have 30 days from the effective date to comply with those requirements before any penalty may be imposed for violations thereof. The license of any taxicab medallion owner or driver who has not complied with the requirements of this Subsection A(12) and Subsection X after the passage of said thirty-day grace period shall be subject to penalties provided in § 233-14.3 for such violations. The requirements of this Subsection A(12) shall be strictly applied to any applicant for licensure or renewal of a license after the effective dates of such subsection.

Taxi stands.

The fixing or designating of taxicab stands at various points or places in the municipality shall be by resolution or fixed by the Chief of Police pursuant to N.J.S.A. 39:4-197, who may from time to time promulgate rules and regulations for the same. Such rules and regulations shall be filed with the Department and shall be available for inspection by any interested persons. Any changes made in the rules and regulations will not be effective for 30 days after their promulgation.

[Amended 7-24-2002 by Ord. No. 25-2002]

The following locations are hereby designated subject to Subsection B(1) above:

[Amended 3-8-2006 by Ord. No. 15-2006; 9-20-2006 by Ord. No. 71-2006; 7-9-2008 by Ord. No. 52-2008; 2-22-2012 by Ord. No. 16-2012; 4-25-2012 by Ord. No. 38-2012; 10-18-2017 by Ord. No. 29-2017]

Location		Number of Cabs
Arctic Avenue, north side, between New York Avenue and Kentucky Avenue		5
Arctic Avenue, south side, between New York Avenue and Kentucky Avenue		6
Atlantic Avenue and South Carolina Avenue, northeast corner		1
Atlantic City Municipal Bus Terminal		12
	Within Bader Field at Porter Avenue near its intersection with Albany Avenue	4
Boston Avenue, southeast side, at Sovereign Avenue with entrance at Sovereign Avenue (Golden Nugget)		16
Brighton Avenue and the Boardwalk, west side (permitted only when taxicab driver is in taxi)		3
Off Columbia Place between Pacific Avenue and the Boardwalk between Columbia Place and Mississippi Avenue		7
Convention Hall Tunnel		6
Delaware Avenue, east side, at the Boardwalk
Florida Avenue, west side, between Pacific Avenue and the Boardwalk		3
Georgia Avenue at Atlantic Avenue, northeast corner		1
Harrah's Marina entrance westward toward Absecon Bay		7
Indiana Avenue, east side, between Pop Lloyd Boulevard and the front driveway of the Sands Casino Hotel		3
Off Iowa Avenue between Pacific Avenue and the Boardwalk, within the Tropicana porte cochere in an area so designated by Tropicana		6
Iowa Avenue, east side, between Pacific Avenue and the Boardwalk		2
Kentucky Avenue at Atlantic Avenue, northeast corner		1
Kentucky Avenue, west side from Atlantic Avenue to Arctic Avenue		5
Maryland Avenue and the Boardwalk, west side of street		4
709 Mediterranean Avenue		4
Monticello Hotel (Kentucky Avenue)		1
New York Avenue at Atlantic Avenue, northeast corner		1
North Carolina Avenue, west side, at the Boardwalk		14
Pacific Avenue, south side, between Arkansas Avenue and Missouri Avenue		3
Park Place at the Boardwalk, west side of street		2
Park Place, east side, between Pacific Avenue and the Boardwalk		5
Pennsylvania Avenue, east side, at the Boardwalk		3
Pop Lloyd Boulevard, north side, between Park Place and Ohio Avenue		3
Renaissance Plaza		4
Resorts Casino North, east side of North Carolina Avenue		2
St. Charles Place, east side, at the Boardwalk		2
Tennessee Avenue and Pacific Avenue, southeast corner		1
Trump Castle Casino Hotel, rear entrance		7
World International Hotel		2

Taxi stands must be incorporated in the plans for all future casinos. All such plans showing proposed taxi stand locations shall be forwarded to the Chief of Police and Director of Mercantile for review, and, once approved, all new stand locations shall be added to this City Code provision by ordinance.

[Amended 9-20-2006 by Ord. No. 71-2006]

Zones; mileage rates.

[Amended 8-19-1987 by Ord. No. 74-1987; 2-7-1990 by Ord. No. 8-1990; 12-19-1990 by Ord. No. 88-1990; 5-12-1999 by Ord. No. 19-1999; 6-19-2002 by Ord. No. 17-2002; 7-24-2002 by Ord. No. 26-2002; 7-13-2005 by Ord. No. 57-2005; 6-25-2008 by Ord. No. 48-2008; 4-19-2023 by Ord. No. 19-2023]

For the purposes of rates and fees, the maximum charge per trip, for one to four passengers, for a single destination anywhere within the City limits of the City of Atlantic City shall be $13.

Mileage rate: $3.80 for the first 1/10 of a mile or fraction thereof; $0.40 for each additional 1/10 of a mile; $0.60 per minute of waiting time while the cab is in service but not in motion with a maximum charge of $36 per hour for waiting time.

There shall be a flat rate for a one-way trip to the Atlantic City International Airport of $40 for one to four people.

After four passengers, there shall be an additional fee of $3 for each person.

(Reserved)[2]

[2]

Editor's Note: Former Subsection D, Senior citizen tickets, was repealed 1-15-2003 by Ord. No. 71-2002.

No person shall drive a taxicab until he shall have made application upon a form provided by the Department for a driver's license, and to procure such license to drive a taxicab, the applicant must furnish satisfactory evidence that he has received a State of New Jersey driver's license, verified by the New Jersey Division of Motor Vehicles, and every licensee under the terms of this article must conform to the following regulations:

First-time applicants for any licensure must be fingerprinted. To provide for a timely and efficient criminal history background review, the City of Atlantic City will be utilizing the state-police-coordinated, non-criminal-justice fingerprinting process known as "Live Scan." The State of New Jersey has contracted with a vendor, Sagem Morpho, Inc., to perform this service. The company has established permanent sites throughout the State as well as several mobile units available to meet its contractual agreement. Sagem Morpho charges a fee for the fingerprinting for which the applicant will be responsible. There will be an additional fee of $20, payable to the City of Atlantic City, for the processing of the fingerprint documentation required by Sagem Morpho.

[Amended 9-17-2008 by Ord. No. 83-2008]

The applicant must be a citizen who resides in or a permanent resident of the United States, with an address for service of process in the State of New Jersey.

[Amended 4-8-1992 by Ord. No. 29-1992]

The applicant must not be addicted to the use of narcotics or intoxicating liquors so as to affect the proper operation of a taxicab.

The applicant must conduct himself in a decent and proper manner in the operation of the taxicab.

The applicant must fill out, upon a blank form to be provided by the Department, a truthful statement giving his full name, residence, places of residence for the preceding five years, age, height, color of eyes and hair, place of birth, length of continuous residence in the State of New Jersey, citizenship, place of previous employment for a period of five years, whether married or single, whether he has ever been convicted of a violation of this article or any prior ordinance relating to taxicabs, or of any crime or offense in any jurisdiction, stating the nature of such crime or violation, whether he has previously been licensed as a driver or chauffeur and, if so, whether his license has ever been revoked and, if revoked, stating the cause, which statement shall be signed and sworn to by the applicant and filed in the Department as a permanent record.

(6)

First-time applicants must demonstrate a knowledge of the English language, the pattern of streets in Atlantic City and the location of public buildings. The Director or his designee is hereby authorized and empowered to prepare a suitable written or oral examination for the purpose of testing the applicant's knowledge of the above and may promulgate rules and regulations necessary to perform said testing. Rules and regulations promulgated by the director shall be kept on file in the office of the City Clerk and shall be available for review by any interested person. A fee of $15 shall be paid by each applicant in advance of testing.

[Amended 10-12-1988 by Ord. No. 52-1988; 7-24-2002 by Ord. No. 25-2002]

(7)

The applicant for a taxicab driver's license must have a written, notarized promise of employment attached to his application for a license which recites the license the driver will be working under. In the case of a corporate or fleet owner, they may list any one of the licenses owned by the corporation or fleet.[3]

[3]

Editor's Note: Former Subsection E(8), regarding temporary permits for first-time applicants, as amended, which immediately followed this subsection, was repealed 7-24-2002 by Ord. No. 25-2002.

There shall be delivered to each licensed driver an identification card of such form and style as the Department may prescribe, with his license number and the word "operator" clearly appearing thereon, which shall be constantly and conspicuously displayed on the outside of the driver's coat or shirt when he is engaged in his employment. No vehicle shall be operated except by a duly licensed person who is wearing such identification card, conspicuously displayed.

A driver's operating license may be renewed from year to year by appropriate endorsement thereon. A driver, when applying for a renewal of his license, shall make such application upon a form to be furnished by the Department, entitled "Application for Renewal of License," which shall be filled out with the full name and address of the applicant, together with a statement of the date upon which original license was granted and the number thereof.

The taxicab driver's original operating license shall be $100 for the first year and $50 annually thereafter. Subsequent to the issuance of an original operating license, a license fee of $25 shall be charged for each taxicab driver who receives a license after March 1 of the licensing year.

[Amended 11-8-2002 by Ord. No. 45-2002]

A taxicab driver's operating rental fee shall be $100 annually.

There shall be kept in the Department a complete record of each operating license issued to a driver and all renewals, suspensions and revocations thereof, which record shall be kept on file by the Director with the original application of the driver for a license.

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.

No taxicab owner or operator, or employee of either, shall divert or attempt to divert any passenger from patronizing any hotel, or other place or type of business of his or her choice, to any hotel or place of business.

No taxicab owner or operator, or employee of either, shall offer or give money or other thing of value to any bellboy, porter, doorman or other employee of any hotel, restaurant or other place of business in consideration for the soliciting or obtaining of taxicab passengers for the aforesaid taxicab owner, operator or agent or employee of either without the approval of the Director. No bellboy, porter, doorman or other employee of any hotel, restaurant or other place of business shall either solicit or accept any money, gift or thing of value from any taxicab owner or operator nor employee of either.

All taxicab drivers shall dress in a manner approved by the Director and be clean and neat.

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 driver, license number or motor number, amount of meter reading or charges and date of transaction.

No taxicab driver shall permit any other person or persons to occupy or ride in said taxicab other than the person or persons first employing or engaging the taxicab.

No alcoholic beverage shall be carried in the passenger's 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.

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 of the taxicab to the Department with the particulars and description of the property within 12 hours after the finding thereof.

A driver shall not indicate by word, motion or gesture that he is restricting his direction of travel or destination. The taxicab driver shall not ask a passenger for a destination until the passenger is seated.

No taxicab shall be operated without first obtaining a license for the same. Such license shall be effective from September 1 of each year to August 31 of the following year and shall be subject to renewal. The annual license fee for each taxicab shall be $150. A license fee of $75 shall be charged for renewals received after March 1 of the licensing year. All license fees shall be paid to the City of Atlantic City. As part of the issuance or renewal process, each owner shall annually:

[Amended 7-23-1986 by Ord. No. 39-1986; 7-24-2002 by Ord. No. 25-2002; 11-8-2002 by Ord. No. 45-2002; 6-14-2006 by Ord. No. 43-2006]

Submit a completed licensing/renewal application in a form approved by the Director.

Submit a copy of the current registration certificate and insurance card for the vehicle in which the license will be used.

If an individual, be photographed by the Director or his designee for the purpose of preparation of an identification card to be executed by and showing the identity of the actual owner of the license.

If a corporation, partnership or limited liability company, have its corporate officer, partner or member, as applicable, be photographed by the Director or his designee for the purpose of preparation of an identification card to be executed by and showing the identity of the actual owner of the license.

Submit the required fee.

The Department shall maintain constant vigilance over all taxicabs to see that they are kept in a condition of safety for the transportation of passengers, and to this end said Department shall inspect all taxicabs at least every four months or, on the complaint of any person, as often as may be necessary. A report, in writing, of all inspections shall be made promptly to the Director.

The history of the taxicab industry in the Atlantic City area for the past 50 years shows that much confusion has arisen with regard to the nature of the franchise granted to the individuals licensed to drive taxicabs. When this fact is taken into consideration with the fact that the amount of casino gaming in the City of Atlantic City has resulted in the need for improved taxicab service for the benefit of visitors to the City, businesses operating within the City and residents of the City, it is deemed desirable that the Director have a forum whereby he or his representative can regularly meet with the holders of taxicab licenses and/or their representatives to discuss and meet the changing demand for taxicab service in the City of Atlantic City. It is anticipated that such a forum will aid the Director in coordinating and managing the taxicab industry in the City of Atlantic City, and thereby the taxicab industry will better serve the needs of the City.

[Amended 7-24-2002 by Ord. No. 25-2002]

The maximum number of passengers for each trip in a taxicab shall be six for full-size cars, two in front and four in back; five for mid-size cars, two in front and three in back; and four for compact cars, one in front and three in back. Any other vehicles, i.e., vehicles that have jump seats or limousine-style seating, are required to have a specific letter on file with the Department from their insurance carrier stating how many passengers they can carry.

Child passenger restraint systems.

[Added 9-11-1991 by Ord. No. 63-1991[4]; amended 7-24-2002 by Ord. No. 25-2002]

Every person operating a taxicab who is transporting a child under the age of eight years and weighing less than 80 pounds on roadways, streets or highways of this state, shall secure the child in a child passenger restraint system or booster seat as described in Federal Motor Vehicle Safety Standard Number 213 in a rear seat.[5]

[5]

Editor's Note: Former Subsection Y, regarding use of a portable telephone while operating a taxicab, added 7-24-2002 by Ord. No. 25-2002, which subsection immediately followed this subsection, was repealed 10-6-2004 by Ord. No. 125-2004.

[4]

Editor's Note: This ordinance also provided that holders of taxicab medallion licenses prior to the effective date of Subsection A(12) and Subsection X shall have 30 days from the effective date to comply with those requirements before any penalty may be imposed for violations thereof. The license of any taxicab medallion owner or driver who has not complied with the requirements of Subsection A(12) and Subsection X after the passage of said thirty-day grace period shall be subject to penalties provided in § 233-14.3 for such violations.

§ 233-3 Transfer of taxicab license.

[Amended 7-24-2002 by Ord. No. 25-2002]

Ownership of a taxicab license may be acquired by the purchase, gift or bequest of the taxicab license. In either instance, the acquisition of the license is subject to the procedures and requirements set forth in § 233-2 of this article. When there is a transfer of any shares of a corporation, the corporation shall amend the list of shareholders filed with the Director pursuant to § 233-2A(6) of this article.

No voluntary transfer or sale of a taxicab license may be made if a tort judgment has been filed with the City of Atlantic City against the holder of a license, which judgment arises out of the tortious operation of a taxicab automobile and which judgment remains unsatisfied, except that a transfer may be permitted if an appeal is pending from an unsatisfied judgment and a bond is filed with the Director in an amount sufficient to satisfy the judgment but not to exceed the fair market value of the license or licenses being transferred. A transfer may also be permitted without filing a bond, provided that all the tort judgment creditors of unsatisfied judgments file written permission for such a transfer with the Director or provided that the proceeds of sale are paid into court or held in escrow on terms and conditions approved by the Director.

The above requirement shall not apply to a legatee or distributee of a decedent's estate owning a taxicab license.

An owner's interest in such a taxicab license may be transferred involuntarily and disposed of by public or private sale in the same manner as personal property. If the involuntary transfer is by reason of a tort judgment against an involuntary transferor, no bond need be provided with respect to the same judgment. The individual who obtains the license by involuntary transfer must comply with the procedures and requirements of this article before said individual may operate the license.

Where an interest in a license is acquired through a conditional sales agreement, the following shall apply:

The parties shall provide the Director with a disclosure statement indicating the terms of agreement;

The seller shall be liable for any fine or penalties imposed against the taxicab license for violations occurring during the term of the agreement unless they are paid by the buyer; and

The seller shall notify the Director in writing of any repossession by the seller of the taxicab license within 72 hours; exclusive of weekends and holidays.

When an owner seeks to obtain a loan from a licensed lending institution, which loan shall use the owner's license as collateral, the terms of the loan shall be approved by the Director. The approval of the Director shall recognize a lender foreclosure upon the taxicab license should the owner default on the loan and shall acknowledge the lender transfer of the license pursuant to the procedures and requirements governing transfers made under this article.

[Amended 12-29-2003 by Ord. No. 75-2003]

§ 233-4 Personal conduct of taxicab owner.

An owner shall not dispatch a taxicab for hire that is not currently licensed by the Director and that does not have a current license affixed therein.

[Amended 7-24-2002 by Ord. No. 25-2002]

No individual who is not currently licensed shall advertise or hold himself out as doing business as a taxi or hack service.

An owner shall not knowingly dispatch a taxicab unless the driver has a current taxicab operator's license and a current State of New Jersey driver's license.

An owner, while performing his duties and responsibilities as a taxicab owner, shall not commit or attempt to commit, alone or in concert with another, any act of fraud, misrepresentation or larceny or perform any willful act of omission or commission which is against the best interests of the public, although not specifically prescribed in this article.

An owner shall not knowingly use or permit any other person to use his taxicab, garage or office of record for any unlawful purpose.

An owner shall not knowingly conceal any evidence of crime connected with his taxicab, garage or office of record.

An owner shall report immediately to the police any attempt to use his taxicab to commit a crime or escape from the scene of a crime.

An owner shall comply with the marking specifications for taxicabs set forth in § 233-14 of this article and all pertinent provisions of other laws, rules or regulations governing taxicab owners.

The owner or his agent shall inspect the interior of the taxicab immediately after termination of each work shift.

Property found shall be taken without delay to the Police Department unless it can be returned to its rightful owner within a reasonable time; and

The owner shall promptly inform the Director of any property which has been taken to the Police Department.

An owner shall not dispatch a taxicab from a public street or other public area if such dispatch will prevent the flow of pedestrians and/or vehicle traffic or cause inconvenience or annoyance to the public.

§ 233-5 Owner and operator responsibility to Director.

An owner shall cooperate with all law enforcement officers and authorized representatives of the Director and shall comply with all their reasonable requests, including but not limited to giving, upon request, his name and medallion number and exhibiting his taxicab license, trip records, log books and other documents required to be maintained by an owner.

[Amended 7-24-2002 by Ord. No. 25-2002]

An owner and/or operator shall promptly answer and comply as directed with all questions, communications, directives and summonses from the Director or his representative.

An owner shall not require a driver to operate one or more taxicabs for more than 12 consecutive hours.

An owner shall affix to the lower rear bumper of the taxicab, so as to be plainly visible, a current Atlantic City taxicab inspection sticker.

[Amended 7-24-2002 by Ord. No. 25-2002]

An owner and/or operator shall not offer or give any gift or gratuity to any employee or representative of the Director, any public servant or any dispatcher employed at a public transportation facility.

An owner and/or operator shall immediately report to the Director any request or demand for a gift or gratuity by any employee or representative of the Director, any public servant or any dispatcher employed at a public transportation facility.

An owner and/or operator, when the taxicab is in his possession, shall remove all currency from the taxicab's interior prior to its inspection by any City personnel.

An owner shall not use or permit another person to use his taxicab to participate in any procession or parade, other than a funeral procession, for which a permit has not been issued by the Mayor of the City of Atlantic City.

An owner, including a member of a partnership or limited liability company or any officer or shareholder of a corporation, shall immediately notify the Director of his conviction of a crime. Such notification shall be in writing and must be accompanied by a certified copy of the certificate of disposition by the Clerk of the court.

[Amended 7-24-2002 by Ord. No. 25-2002]

An owner and/or operator, while performing his duties and responsibilities as a taxicab owner, shall not threaten, harass or abuse any governmental or Director's representative, public servant or other person.

An owner and/or operator while performing his duties and responsibilities as a taxicab owner, shall not use or attempt to use any physical force against a City representative, public servant or other person.

An owner shall report to the Director, in person or by certified or registered mail, return receipt requested, a change of office of record or mailing address within 72 hours, exclusive of weekends and holidays. Any notice from the Director shall be deemed sufficient if sent to the mailing address furnished by the owner.

An owner and/or operator shall report to the Director the replacement of any lost or stolen New Jersey license plates within 48 hours, exclusive of weekends and holidays, after obtaining such plates.

An owner shall comply with the New Jersey State Motor Vehicle Law[1] regarding coverage by bond or policy of liability insurance.

[Amended 12-9-1992 by Ord. No. 116-1992]

Editor's Note: See N.J.S.A. 39:1-1 et seq.

An owner shall notify the Director on or before the 31st day of March of each year of the name and address of the carrier and the number of the policy for each taxicab owned by him and submit proof of such coverage. Said proof shall also indicate thereon that the carrier shall notify the City directly of its intention to cancel insurance.

[Amended 11-19-1986 by Ord. No. 79-1986]

An owner, within 72 hours of receipt of notice, shall notify the Director, in writing, of the cancellation of the required liability insurance or change of insurance carrier or policy number of his insurance. Further, the insurance company or carrier shall independently notify the City of such cancellation or change of insurance carrier.

[Amended 11-19-1986 by Ord. No. 79-1986]

When an official request is made by the Director, an owner must provide the Director with a complete history of his insurance record within 72 hours.

The Director, or his duly authorized agent, shall have the authority to review any and all insurance records of the owner.

An owner who has received notice that his liability insurance is to be terminated shall surrender his taxicab license to the Director on or before the termination date of the insurance unless he submits proof of new insurance effective on the date of termination of the old policy.

[Amended 7-24-2002 by Ord. No. 25-2002]

An owner shall comply with all workers' compensation laws.

An owner shall designate each and every driver who operates his taxicab as his agent for accepting service by City personnel of notices to correct defects in the taxicab. Delivery of such notice to a driver shall be deemed proper service of the notice on the vehicle's owner.

An owner shall submit an application for renewal of his license no later than the expiration date of the license unless his time to do so is extended by the Director.

An owner must notify the Director of an accident within 72 hours of the accident.

All operators shall assure that completed trip sheets for all of that operator's shifts are retained in the taxicab used for those shifts for a period of not less than 30 days.

[Added 3-22-2006 by Ord. No. 20-2006]

§ 233-6 Taxicab license and operator's identification card.

[Amended 7-24-2002 by Ord. No. 25-2002]

An owner may not affix, remove or transfer a taxicab license to a new or replacement vehicle without prior authorization of the Director.

An owner, who has been notified that his license has been suspended or revoked shall surrender it and his operator's identification card, if any, to the Director within 48 hours of such notice.

No one shall make an unauthorized entry on a taxicab license or operator's identification card or change, deface, conceal or obliterate any entry thereon.

An owner shall immediately surrender to the Director for replacement an unreadable taxicab license or operator's identification card.

An owner shall notify the Director and the Police Department, within 48 hours, exclusive of weekends and holidays, of the theft, loss or destruction of any taxicab license or operator's identification card, and furnish such affidavit or information as may be required, including the police receipt number; a substitute taxicab license or operator's identification will be issued by the Director.

An owner shall surrender his taxicab license or operator's identification card for storage prior to the sale of his taxicab or its removal from service. The requirements of this paragraph may be waived by the Director in his discretion.

§ 233-7 Owner's responsibility for vehicle and equipment.

An owner or his agent shall dispatch a taxicab only after inspection and reasonable determination:

That all equipment, including brakes, tires, lights and signals, are in good working order and meet all requirements of the New Jersey State Motor Vehicle Law and this article;

That the taxicab's exterior and interior are clean;

That the license number and City Seal are plainly visible in such locations as determined by the Director; and

[Amended 7-24-2002 by Ord. No. 25-2002]

That the trunk compartment is capable of securely holding his passenger's baggage.

An owner shall not dispatch a taxicab having any equipment or device affecting the taximeter or roof light not specifically required or authorized by the Director for the use of taxicabs.

An owner, without the Director's written approval, shall make no structural change in a taxicab deviating from the marking specifications for taxicabs.

An owner shall not dispatch any new or replacement taxicab unless it has been inspected and approved by the Director or his representative.

An owner shall have his taxicab inspected at least once every four months and at any other time required by the Director, at a facility and/or location authorized by the Director.

An owner shall comply with all Director's notices and directives to correct defects in taxicabs.

An owner shall replace a taxicab when the Director determines that the vehicle is unsafe or unfit for use as a taxicab and directs the owner to remove it from service. Upon failure to comply with such order within 10 days of service thereof, the owner shall surrender the taxicab license and operator's identification card to the Director for storage. If the owner fails to comply with the order within 120 days of service thereof, or in the event that the owner has sold his vehicle and has failed to replace it within 120 days of the date of sale, the Director may deem the taxicab license to have been abandoned and may initiate revocation proceedings.

[Amended 7-24-2002 by Ord. No. 25-2002]

An owner or his agent shall not dispatch a taxicab unless the following are present in the taxicab at the time of dispatch:

The driver's trip record, also known as a "trip sheet," which trip sheet shall be in a standard form approved by the Director;

[Amended 3-8-2006 by Ord. No. 15-2006]

The taxicab operator's identification card;

[Amended 7-24-2002 by Ord. No. 25-2002]

An insurance card or photostat thereof, unless the owner is self-insured and has noted this fact on the taxicab license along with any other information required by the Director;

[Amended 7-24-2002 by Ord. No. 25-2002]

A lease card or photostat thereof in the frame behind the operator's identification card, unless the owner has filed a master lease pursuant to § 233-11C hereof: and

[Amended 7-24-2002 by Ord. No. 25-2002]

All official notices of the Director are required to be posted in the taxicab.

An owner shall not tamper with the taxicab's roof light or any of the interior lights or connections except to replace a defective bulb or fuse. The roof light shall be automatically controlled only by the operation of the taximeter so that it is lighted only when the taximeter is in an off position and unlighted when the taximeter is in a recording position. Owners must notify the Director 24 hours in advance, in writing, in the event that they use their roof lights for advertising purposes.

An owner shall not dispatch a taxicab unless the following items can be illuminated so that they are clearly visible after sunset from the rear seat:

The face of the taximeter;

The taxicab license; and

[Amended 7-24-2002 by Ord. No. 25-2002]

The operator's identification card.

[Amended 7-24-2002 by Ord. No. 25-2002]

An owner shall not dispatch a taxicab having an "On Radio Call" sign or any sign referring to two-way radio equipment unless:

The taxicab is equipped with such radio; and

The owner is a member of a current licensed two-way radio communications system and is authorized by the Director to have and use such two-way equipment. Such authorization shall be endorsed on the taxicab license. The frequency number must be UHF or VHF frequency and must be authorized in advance by the Director. An additional fee will be assessed to provide the Director with a crystal for said frequency.

[Amended 7-24-2002 by Ord. No. 25-2002]

The use of citizens band radios or scanners in a vehicle for the purpose of monitoring or intercepting the communication of other taxicab owners/operators for the purpose of improperly obtaining a fare or for any other unlawful commercial purpose is strictly prohibited.

Each taxicab fleet or taxicab minifleet may maintain standby vehicles (SBV's) equal in number to 6% of all currently licensed taxicabs owned or operated by the fleet. (If 6% of the fleet does not equal a whole number, the number shall be rounded up to the next digit.) A standby vehicle may be dispatched in place of a currently licensed taxicab only when the currently licensed taxicab is out of service for repairs or for required inspection. An SBV may be used to replace a vehicle that has been stolen or permanently retired from service for no more than 30 days from the date of such theft or retirement. When a standby vehicle is dispatched, the taxicab license must be transferred from the out-of-service taxicab to the standby vehicle. A standby vehicle shall not be dispatched unless there is also present in the vehicle the SBV transfer form and SBV taxicab license.

[Amended 7-24-2002 by Ord. No. 25-2002].

An owner shall assure that completed trip sheets are retained in the taxicab for a period of not less than 30 days.

[Added 3-8-2006 by Ord. No. 15-2006]

An owner shall assure that all taxicabs are equipped with a properly charged fire extinguisher.

[Added 3-22-2006 by Ord. No. 20-2006]

§ 233-8 Taximeters.

An owner shall equip the taxicab with a taximeter subject to the following conditions:

It shall be of a make and type acceptable to the Director.

It shall be in good working condition and shall accurately compute the rate of fare currently established by the Director.

It shall be affixed to the vehicle's dashboard so as to be clearly readable and visible to all passengers in the vehicle.

Its serial number shall be the same as that shown on the license assigned to the taxicab except when a reserve meter has been installed.

[Amended 7-24-2002 by Ord. No. 25-2002]

All taximeter seals and cable housing seals shall be in good condition and pressed by a licensed taximeter repair shop or authorized facility.

An owner shall not install in a taxicab an adjusted, repaired or recalibrated taximeter unless the adjustment, repair or recalibration was done at a licensed taximeter repair shop or other authorized facility.

Tire size and inflation shall be the same as that for which the taximeter is calibrated, as indicated by the taxicab license.

[Amended 7-24-2002 by Ord. No. 25-2002]

Unless authorized by the Director, an owner shall not tamper with, repair or attempt to repair the taximeter, any seal, cable connection or electrical wiring thereof or make any change in the vehicle's mechanism or its tires which would affect the operation of the taximeter.

An owner shall not dispatch a taxicab in which the taximeter or the seals affixed thereto by a licensed taximeter repair shop or other authorized facility have been tampered with or altered in any manner;

All taximeter seals shall be placed on taximeters by the City's Mercantile Inspectors; and

[Amended 7-24-2002 by Ord. No. 25-2002]

All taximeter seals shall be placed on taximeters by a licensed facility.

If a taximeter is lost, stolen or damaged beyond repair, the owner shall notify the Director and the Police Department, within 48 hours exclusive of weekends and holidays, of the loss, theft or destruction, and shall furnish such affidavit, police report or other information as the Director may require.

A taxicab's taximeter shall be tested by personnel authorized by the Director for accuracy over a measured mile course and the test indicated on the taxicab license:

[Amended 7-24-2002 by Ord. No. 25-2002]

Within one year of the date of the last test;

When a taximeter is installed in a vehicle;

When the transmission or differential is altered, repaired or replaced;

When a change is made in any other part of the taxicab that may affect the meter reading; and

At any time required by the Director.

An owner shall not knowingly dispatch a taxicab with a defective taximeter. When a taximeter is defective, the owner shall have it repaired at a licensed taximeter repair shop or replaced by such shop with a taximeter which has been inspected, approved and sealed within the preceding 12 months.

§ 233-9 Marking and advertising.

Inscriptions.

An owner shall not display any lettering, emblem or advertising of any kind on the exterior of a taxicab, its windows or an exterior accessory, by means of paint, stencil, decal, sticker or otherwise, except:

The legal rate of fare;

The owner's name and mailing address;

Such inscriptions as are permitted or required by this article;

Such advertising as may be authorized by the Director on the vehicle's interior;

[Amended 7-24-2002 by Ord. No. 25-2002]

Advertising on dome lights will be permitted with the prior approval of the Director; and

(f)

Advertising decals are permitted on the rear and side rear windows of taxicabs as long as the decals only partially obscure the driver's vision through said window, in accordance with N.J.A.C. 13:20-32.7(g).

[Added 7-10-2002 by Ord. No. 20-2002; amended 7-24-2002 by Ord. No. 25-2002]

Such inscriptions and advertising shall be maintained in good condition.

An owner shall not display inside a taxicab any advertising or other notice not specifically authorized by this article or the marking specifications of taxicabs unless approved by the Director.

An owner shall not display the emblems on his vehicle's exterior other than an emblem identifying the owner, an association of owners, a two-way radio communication system or the taxicab manufacturer. Such emblems shall conform to the Marking Specifications for Taxicabs set forth in § 233-14 of this article and shall be subject to the approval of the Director. No more than two of the same emblem may be displayed on a taxicab unless otherwise authorized by the Director.

Any owner shall not use an emblem reserved to another owner or to an association of which he is not a member, nor shall be use an emblem so similar to another emblem that it may confuse or mislead the public.

When an owner sells or disposes of a taxicab, other than a sale to another licensed owner for use as a taxicab, he shall have it repainted so as not to resemble a public taxicab and shall remove all equipment and emblems which might identify it as a public taxicab, unless it is broken up for scrap or the Director authorizes another means of disposal.

§ 233-10 Records of owner.

An owner or his agent who is actively in the business of dispatching taxicabs on a daily basis shall not dispatch a taxicab until he has signed his name to the trip record and has made the following entries in ink:

Date and time of dispatch;

The taxicab's license number and state registration plate number;

[Amended 7-24-2002 by Ord. No. 25-2002]

The driver's name and taxicab driver's license number;

The taximeter's reading at the start of the driver's work shift;

Certification that the taxicab and its equipment are in good working condition and that the items listed in § 233-7H are present in the taxicab. An entry reading "Condition of taxicab equipment satisfactory," followed by the signature, will be sufficient.

On the completion of the work shift, the owner or his agent shall take possession of and examine the trip record and shall enter, in ink, the date, time and taximeter reading at the end of the driver's work shift and a statement, followed by the owner's signature, indicating that the driver's entries have been examined.

A fleet or minifleet owner shall maintain for a period of three years, at the office of record, a log book in which he shall enter on sequentially numbered pages, in English, in type or ink, the following information for each taxicab; the driver's name, the taxicab driver's license number, the state license plate number, the taxicab license number, the time of leaving the garage and the exact time of return. The owner or his agent shall sign each page to certify the accuracy and thoroughness of each entry and shall make the required entries in the log book daily unless otherwise instructed by the Director.

[Amended 7-24-2002 by Ord. No. 25-2002]

An owner shall make available to a driver any records which the owner is required to maintain, or photocopies thereof, which the driver may be required to present to the Director or any governmental agency.

An owner shall not make erasures or obliterations on a trip record, log book or other record which he is required to maintain. If a wrong entry is made on a trip record or log book, the owner shall correct it by drawing a single line through the incorrect entry and initiating the correction.

An owner shall not rewrite a trip record or log book, either in whole or in part, unless authorized by the Director.

§ 233-11 Leasing of taxicabs.

[Amended 7-24-2002 by Ord. No. 25-2002]

An owner may lease a taxicab to another party. Prior to the lessee's taking possession of the taxicab, a leasing disclosure statement, signed by both parties, must be filed in person by the owner with the Director, indicating:

The date of execution of the lease;

The names and addresses of the lessor and lessee and their social security or federal identification numbers;

The taxicab license number and license plate number of the leased taxicab;

The terms of the lease, not to exceed one year and not to be less than four months. All termination dates of leases must be August 31;

[Amended 9-20-2006 by Ord. No. 71-2006]

The name and address of the insurance carrier, the policy number and its expiration date, indicating that the insurance specifically covers Territory 19, as well as holding harmless the City of Atlantic City Taxicab Association.

Regardless of the terms of the lease, the lessor is responsible for complying with all laws, rules and regulations governing owners.

Notwithstanding the provisions of Subsection A, a fleet owner who engages in leasing pursuant to a master lease shall file a copy of such lease or contract with the Director in lieu of a leasing disclosure statement.

If a lease or its renewal is terminated for any reason, the lessor shall notify the Director in writing within 48 hours of such termination, unless exempted by the Director.

An owner shall not authorize or allow a lessee or rentee of a taxicab to sublease the medallion taxicab to another party. Lessees are prohibited from subleasing the taxicab which they lease from an owner. Lessees and renters shall operate the taxicab which they lease or rent.

Notification of all increases of rent which an owner charges to a lessee leasing said owner's taxicab shall be submitted to the Director and shall be approved by City Council, and such approval shall not be unreasonably withheld.

[Amended 8-11-2004 by Ord. No. 83-2004[1]]

Editor's Note: This ordinance was vetoed by the Mayor 8-23-2004, and said veto was subsequently overridden 9-8-2004. This ordinance consequently became effective 9-28-2004.

Where a cab is leased, a lessee must be a driver and there shall be no more than a total of four drivers (including the lessee) on a lease, but a fleet owner or a minifleet owner can have as many drivers as he wants.

[Amended 9-17-2008 by Ord. No. 73-2008]

A person who is a lessee shall not be a lessee to any other taxicab license and shall not operate any other taxicab other than the one he is leasing.

§ 233-12 Distribution of taxicab licenses or stock from estate to distributee.

[Amended 7-24-2002 by Ord. No. 25.2002]

When a taxicab license or stock in a corporation owning a taxicab license is distributed from an estate to a legatee or distributee, the following documents shall be submitted to the Director:

A certified copy of a death certificate;

A certified copy of letters testamentary or letters of administration; and

A copy of the will, if any, certified by the attorney for the estate.

An executor or administrator may continue the operation of a taxicab only with approval of the Director as to his qualifications. The executor or administrator must apply for such approval within 60 days of his or her appointment, subject, however, to any further extension of time in the event of any possible will contest or other delay not caused by the executor or the administrator, which will be granted in the discretion of the Director for good cause shown.

§ 233-13 Two-way radio communications systems.

No person, partnership, corporation, association or other entity shall operate a two-way radio communication system unless it has first applied for and obtained from the Director a license therefor. Any rent, lease, sublease or assignment of this license or the rights thereto shall be submitted to the Director and must be approved by City Council, and such approval shall not be unreasonably withheld.

[Amended 8-11-2004 by Ord. No. 81-2004]

An applicant shall submit to the Director copies of its constitution and bylaws, if any, together with proof of a duly issued Federal Communications Commission license.

All equipment to be used by the licensee must meet requirements of the Federal Communications Commission.

Only a licensed owner with approval of the Director may become a member of and/or use the services of a two-way communications system and install or permit the installation of a two-way radio and "On Radio Call" sign in a licensed vehicle.

The operator of a two-way radio communications system shall record as received all requests for service and retain a full record thereof for not less than two years. Records shall contain the following information: date and time received, location at which passenger is to be picked up, driver to whom the call was assigned and destination of passenger(s).

An owner shall not dispatch a taxicab and a driver shall not operate a taxicab having an "On Radio Call" sign or any sign referring to two-way radio equipment unless the taxicab, with the Director's authorization, has such radio equipment. An owner shall have such authorization endorsed on the vehicle's taxicab license.

[Amended 7-24-2002 by Ord. No. 25-2002]

A driver who has been dispatched on a radio call shall immediately illuminate or display the "On Radio Call" sign so as to be readily visible to persons on the street and record on his trip record that he is "On Radio Call," the date and time the call was received by him, the location where the passenger is to be picked up and the trip destination; he may also lock the rear doors while proceeding to pick up the prospective passenger.

A dispatcher shall not use code letters, code numbers or code names, other than those authorized by the Federal Communications Commission, to convey information to a driver.

The operator of a two-way radio communications system or its agent shall not, without justifiable grounds, refuse to dispatch an available taxicab to pick up a passenger at a location within the City of Atlantic City for transportation to any destination within the same area.

No charge shall be made to a passenger for two-way radio taxicab service or for any other related service in excess of the amount prescribed by the Director. No charge shall be made for time consumed or distance traveled from the point of dispatch to point of pickup.

When the membership of any member with a licensed two-way radio communications system is terminated the operator of the system shall notify the Director, in writing, within 72 hours, exclusive of weekends and holidays, of such termination.

The operator of a two-way radio communications system and its agents, including dispatchers, shall cooperate with all law enforcement officers and authorized representatives of the Director and shall answer all questions, communications, directives and summonses from the Director or his representatives and shall make available for inspection upon demand all records relating to the operation of the system, including billings and written communications with customers.

No two-way radio which is part of a two-way radio system to be used in taxicab dispatching and communication shall be placed or operated in any vehicle which is not properly licensed, nor shall any person who is not a properly licensed taxi driver or owner operate a two-way radio which is part of a system to be used in a taxicab. Whenever a vehicle is permanently removed from service or is no longer properly licensed, the two-way radio shall be removed from such vehicle.

[Added 9-11-1991 by Ord. No. 62-1991; 7-24-2002 by Ord. No. 25-2002]

Notwithstanding the above, in addition to or in lieu of the use of other two-way communication systems, a driver shall be permitted to a use cellular phone, licensed through a commercial carrier, for communication purposes relating to the operation of a taxicab. Any driver using a cellular phone shall register the telephone number for said phone with the Director at the time of license renewal and shall notify the Director if the number shall change at any time between renewals.

[Added 6-14-2006 by Ord. No. 43-2006]

§ 233-14 Marking specifications for taxicabs.

Marking specifications for taxicabs shall be as follows:

Inscription	Location	Size
Rate of fare (required)	Both back doors in approximate center of panel area below window. (Use flat vertical surface only.)	Numbers: 2 1/3 inches minimum Small letters: 1 inch minimum Small letters: 1/2 inch minimum (total area of rectangle not less than 72 inches)
Corporate name and address of fleet licensee (required)	Both front doors not more than six inches below window unless greater distance is needed to reach a flat reasonable vertical surface. Must be at least four inches from any other inscription. (Avoid placing name on an extreme curve; use flat vertical surfacesonly.)	3 inches high Letters: 1/4 inch thick. Avoid overcrowding; use full width of door panel or three lines of lettering if necessary
Taxicab license number [Amended 7-24-2002 by Ord. No. 25-2002]	Independent taxicab owner: rear trunk deck 1/2 inch thick and on the emblem front doors.	Letters: 2.8 to 3 inches high
	Fleet taxis: right rear trunk deck, left and right front fenders, left and right rear quarter panels on City medallion.
	Minifleets: at the discretion of the Director.
Emblems (optional): Fleet owner Owner association 2-way radio communication system Taxicab manufacturer	On rear doors, in approximately center of panel area below window; 2-way radio emblems may also be placed on rear baggage compartment in lower right corner of deck lid. Consult the Director if contour of lid requires another location on the lid.	Letters: 2 inches high 1/4 inch thick; avoid overcrowding

All emblems must be approved by the Director, and a true copy, in color, must be submitted.

Decals permitted (nondetachable type only).

§ 233-14.1 Enforcement.

When a taxicab license owner knowingly violates any section of this article, he may be fined and/or have his license suspended or revoked, according to the penalties set forth in this article.

[Amended 7-24-2002 by Ord. No. 25-2002]

If the alleged violation is not punishable by revocation of the license, the Director will serve a summons upon the owner by personal service or by mail. If the alleged violation is punishable by revocation of the owner's license, then instead of a summons, the owner will receive written notice of the violations charged. An owner shall be deemed to have received any communications, notice or summons which has been mailed in a post-paid envelope, addressed to his mailing address filed with the Director.

An owner will be advised of the date, time and location of a scheduled hearing either in the summons, which also shall briefly describe the alleged violation and the rule claimed to have been violated, in a separate notice of hearing or in the written charges and specifications, at least 15 days prior to the date of the hearing.

If, for one year from the date of the summons or charges and specifications and without any delay or default on the part of the owner, there has been no hearing and adjudication, the Director shall dismiss the summons.

If an owner wishes to plead not guilty or if a summons calls for his personal appearance, he must appear at the hearing with his taxicab license and any relevant documents or evidence. If the owner is a partnership, either partner may appear, and if the owner is a corporation, any officer thereof may appear. At the hearing, the owner may be represented by an attorney.

[Amended 7-24-2002 by Ord. No. 25-2002]

If the Director finds that emergency action is required to ensure the public health, safety or welfare, he may order the summary suspension of the owner's license, pending a revocation proceeding. This proceeding shall be initiated within 30 days of the summary suspension. Such order shall be served upon the owner by both certified and regular mail at his mailing address.

In the event that any of the violations in this article also constitute the violation of any provision of the New Jersey Criminal Code or the New Jersey Motor Vehicle Code or any other state statute or City ordinance and the owner is prosecuted under either the New Jersey Criminal Code or New Jersey Motor Vehicle Code or other state statute or City ordinance, the violation of this article shall merge with the offense charged under the New Jersey Criminal Code or New Jersey Motor Vehicle Code or other state statute or City ordinance, and the penalty imposed on the owner is the entire penalty which can be imposed on the owner for the violation, and the Director cannot proceed against the owner under this article.

§ 233-14.2 Number of authorized taxicab licenses.

[Amended 11-19-1986 by Ord. No. 79-1986; 5-13-1987 by Ord. No. 31-1987; 7-24-2002 by Ord. No. 25-2002]

The number of taxicab licenses issued by the City of Atlantic City shall be 250.

§ 233-14.2.1 Lottery licenses.

[Added 5-19-2004 by Ord. No. 41-2004; amended 9-22-2004 by Ord. No. 107-2004]

There shall be available, in addition to the number of licenses set forth in § 233-14.2 herein, an addition of 24 special lottery licenses available to qualified citizens of the City of Atlantic City. There shall be distributed four licenses to qualified residents of each ward.

Eligibility.

In order to be eligible for the 24 lottery licenses, each applicant shall provide, to the Office of the City Clerk, documents demonstrating the following:

Proof that the applicant is at least 18 years of age.

Proof of a valid New Jersey driver's license.

Proof that the applicant is a citizen of the United States.

The documents required shall consist of, but not be limited to, the following in order to prove the applicant is an Atlantic City resident.

Valid New Jersey driver's license.

Tax returns.

Utility bills such as electric, gas, phone, etc.

Voting records.

Tax bills, mortgage payments or rental payments as well as a lease in existence.

The applicant cannot be the owner, in any way or any manner, of a current license medallion for a taxicab in the City of Atlantic City. This shall include an ownership interest in any partnership, joint venture, limited liability, corporation, Sub S corporation, or any entity of any kind or any manner which in any way owns or holds in trust an ownership interest in an existing license or medallion.

Requirements. If an applicant is deemed eligible based upon the above-referenced criteria and the applicant is selected, the applicant must sign an agreement and waiver of certain rights with regard to the ownership of the lottery license. The requirements for continued ownership shall include the following:

The owner of the license shall, within 90 days of his or her selection as the recipient of the cab license, have a cab vehicle inspected and ready for service which shall include but not to be limited to, the passing of all applicable state and City inspections.

The applicant must utilize a minivan vehicle as a cab to be utilized which shall be white in color with blue lettering. The vehicle may be no older than three years of age and after five years, the vehicle shall be replaced with a minivan, white in coloring with blue lettering. The replacement shall not be more than five years of age.

The minivan purchased or leased must have a minimum of four doors, which shall not include the rear hatch.

The recipient of a license medallion must sign a guaranty and waiver of certain rights which shall include a guarantee that all persons with disabilities shall receive discounted rates for services within the City of Atlantic City. Residents of the City of Atlantic City, upon proof of residency and age or disability, shall receive a 50% discount for trips which commence and end within the borders of the City of Atlantic City.

The medallion owner shall submit a request to the Mercantile Office on a bimonthly basis which demonstrates the owner's efforts to transport the elderly and disabled. A lack of service to the elderly and disabled may be grounds for forfeiture as set forth in Subsection E.

Restrictions on ownership of lottery license.

The cab medallion issued for each lottery license shall be operated with only one additional driver. Said additional driver shall be a resident of the City of Atlantic City, and prior to the additional driver operating the vehicle under this lottery license, the recipient of the lottery shall provide the following for such additional driver:

Valid New Jersey driver's license.

Tax returns.

Utility bills such as electric, gas, phone, etc.

Voting records.

Tax bills, mortgage payments or lease payments as well as a lease in existence.

The owner shall update all information with regard to his residency, and the residency of the additional driver under said license, each and every year for the first 10 years. All owners and drivers must submit the required documents each year satisfying the requirements as set forth previously herein Subsection B.

The owner is prohibited from selling, assigning, leasing, or transferring in any way or any manner the ownership interest in this license during the first 10 years of ownership.

The owner of each special lottery license shall own or lease a vehicle for operation, and such vehicle shall conform to all the requirements as fully set forth in § 233-14.2.1C. The maximum down time for any vehicle shall not be more than 90 days during any one year.