Article II Limousines

Except as provided in section 14 of P.L. 1999, c. 356 (C.48:16-22.4)[1], no limousine shall be operated on any street in the City until the owner of the limousine shall have filed with the Clerk of the municipality in which the owner has his principal place of business, an insurance policy of a company duly licensed to transact business under the insurance laws of this state in the sum of $1,500,000 against loss, in accordance with N.J.S.A. 48:16-22, has been issued a license to operate by that municipality and without otherwise complying with the provisions of N.J.S.A. 48:16-13 et seq.

[1]

Editor's Note: See N.J.S.A. 48: 16-22.4.

If the principal place of business of the limousine service is the City of Atlantic City, the Clerk or her designee, upon confirmation by the Office of Mercantile that the applicant has filed the required insurance policy and the payment of a $50 fee, shall issue in duplicate a license to operate. The license shall recite the name of the insurance company, the number and date of expiration of the policy, a description of every limousine insured thereunder, and the registration number of the same.

(a)

The original license shall be retained within the limousine and shall be available for inspection by any police officer in the state.

(b)

In lieu of the recital of insurance information required on the license pursuant to this section, the owner of a limousine may affix to the original license retained within the limousine a notarized letter from an insurance company containing the same insurance information required in the recital, which shall constitute proof of insurance coverage, and which shall also be available for inspection by any police officer in the state.

No limousine owner shall operate a point-to-point limousine service in the City of Atlantic City where both the pick-up and drop-off locations are within the City of Atlantic City, regardless of the owner's principal place of business, unless the owner is granted a license to operate the limousine service in the City of Atlantic City The granting of said license shall be in accordance with and subject to the provisions in the following §§ 233-16B through 233-20.

An individual, partners of a partnership or the officers of a corporation applying for a licensed limousine or its renewal must be:

At least 18 years of age.

Citizens or permanent residents of the United States of America.

Of good moral character.

Prepared to affirm that the limousine business and/or license shall not be used and operated for unlawful purposes and shall comply with all applicable laws.

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

The applicant must demonstrate to the satisfaction of the Director or his designee:

That he is qualified to assume the duties and obligations of an owner.

That he is the owner or lessee of a limousine meeting all of the requirements of the Director or his designee as well as all other governmental agencies having concurrent jurisdiction.

That he has liability insurance coverage by a bond or policy as required by the City of Atlantic City and the State of New Jersey which currently is in the amount of $1,500,000.

That he has a certificate of registration which must be in the name of the applicant or, if the limousine is leased, a true copy of the lease.

If the applicant is a partnership, it shall file with its license application a certified copy of the partnership certificate (including a certificate of limited partnership, if applicable) from the Clerk of the county where the principal place of business is located.

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

If the applicant is a corporation, it shall file with its license application a certified copy of its certificate of incorporation. In addition, a list of its officers and shareholders and a certified copy of the minutes of the meeting at which the current officers were elected shall also be furnished.

An applicant or renewal applicant shall not offer or give any gift or gratuity to any employee or representative of the City of Atlantic City 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 City of Atlantic City.

If the Director or his designee determines that the applicant or renewal applicant has failed to meet the requirements for a limousine license, he may, after written notice and opportunity to be heard, deny the limousine license or its renewal and shall specify, in writing, to the applicant or renewal applicant the reasons for such denial. Any person so denied shall be afforded the right of appeal in accordance with § 233-19B hereof.

Any material falsification contained in an original or renewal application for a limousine license or any failure to notify the Director of any material change in the information contained therein or any attempt by the owner or applicant to conceal the identity of a party having an interest in the ownership of a limousine license shall be cause, in addition to any other sanctions that may be imposed by the Director, for denial of such application or revocation or suspension of such limousine license, after written notice and opportunity to be heard. Any such denial, revocation or suspension shall be subject to the right of appeal as set forth in § 233-19B hereof.

If, at any time during the term of the owner's limousine license, the Director or his designee becomes aware of information that the owner no longer meets the requirements for a limousine license, the Director, after written notice and opportunity to be heard, either may deny the renewal application of such owner or suspend or revoke his limousine license. Any person so denied shall be afforded the right of appeal in accordance with § 233-19B hereof.

There shall be a fee of $50 for the issuance of a license to operate a limousine vehicle. There shall be a mercantile fee of $10 to own a limousine license. The license term for either fee shall commence on April 1 and terminate March 31 of the following year. As part of the issuance or renewal process for continued ownership of a limousine, each owner shall annually:

[Amended 7-24-2002 by Ord. No. 25-2002; 2-16-2005 by Ord. No. 14-2005; 6-14-2006 by Ord. No. 43-2006; 12-7-2011 by Ord. No. 78-2011]

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.

(5)

Submit the required fee.

No driver hired by a limousine service or casino required to be licensed by the City of Atlantic City in accordance with this section shall operate a limousine without first obtaining a limousine driver's license in the manner hereinafter provided. The fee for a limousine driver's license shall be $150 for the first licensing year and $100 annually thereafter. Each limousine driver's license may be renewed each year, and the licensing term shall commence on January 1 and terminate on December 31 of the same year. In the event that a license is applied for or becomes effective subsequent to July 1 of the mercantile year, the fee shall be $75 for the first year and $100 annually thereafter.

[Amended 3-2-1988 by Ord. No. 9-1988; 10-12-1988 by Ord. No. 53-1988; 7-24-2002 by Ord. No. 25-2002; 1-15-2003 by Ord. No. 70-2002]

There shall be kept in the Division's office a complete record of each limousine license and all renewals thereof as well as suspensions and revocations thereof, which records shall be kept on file in the Division's office with the original application of the applicant.

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

The Division shall maintain vigilance over all limousines, and the Director shall be empowered to have inspected all limousines every six months or on the complaint of any person or as frequently as the Director sees fit, as often as may be necessary.

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

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.

[Added 10-12-1988 by Ord. No. 53-1988; amended 1-19-2005 by Ord. No. 150-2004;[2] 9-17-2008 by Ord. No. 83-2008]

[2]

Editor's Note: This ordinance repealed former Subsection O, regarding mercantile fees and license terms, as amended, and provided that former Subsection Q, regarding fingerprints and photographs, be redesignated as Subsection O.

First-time applicants for a limousine driver's license may receive a temporary permit to drive a limousine within the City of Atlantic City, which shall be valid for a period of no more than 60 days. The nonrefundable fee for said permit shall be $75. Should the Director or his designee issue a license to an applicant holding a temporary permit, the permit fee shall be applied toward the first-year licensing fee. The holding of a temporary permit shall not vest in the applicant any right to a limousine driver's license, and the Director, in his reasonable discretion, may refuse to issue such license if:

[Added 5-4-2005 by Ord. No. 35-2005]

The applicant fails to meet the requirements for licensure;

The applicant fails to fully complete or knowingly falsifies the license application;

The Director deems that the issuance of such license would seriously jeopardize the health, safety and welfare of the public; or

§ 233-17 Rules governing limousine owners.

The applicant fails to include with his application a recent national criminal file background check, as compiled by a reputable employment screening company.

The applicant employee and the limousine company in question shall execute an indemnification and hold harmless agreement with the City of Atlantic City for any and all liability resulting during the temporary permitting period.

[Added 5-4-2005 by Ord. No. 35-2005]

The applicant employee shall agree to a preliminary background investigation by the Atlantic City Police Department. The applicant employee and the limousine company agree that, should any disqualifying offenses appear on the aforesaid investigation, the employee applicant and limousine company agree to an immediate suspension of said employee until further notice by the Atlantic City Police Department.

[Added 5-4-2005 by Ord. No. 35-2005]

An owner shall replace a licensed limousine when ordered by the Director when it appears that the vehicle no longer meets reasonable standards for safe operation.

Rates must be filed by the applicant with the Director or his designee.

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

An owner may change the rates set forth in Subsection B as often as desired; provided, however, that any such changes must be filed with the Director or his designee.

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

No lettering, emblem or advertising may be placed on a licensed limousine unless approved by the Director' provided, however, that displaying the name of the owner on license plates shall be permitted.

Subject to regulations as that which shall be promulgated by the Director, a limousine license sticker shall be placed on the left rear bumper of every licensed limousine.

Information to be maintained.

[Amended 10-7-1987 by Ord. No. 95-1987]

Every owner must maintain the following information with regard to its operation:

(a)

A complete list of all current employees.

(b)

Copies of all trips for the prior 24 months showing the driver of the licensed limousine.

All records must be made available to the Director or his designee upon request by the Director or his designee.

§ 233-18 Rules governing limousine drivers.

The information above must be available for inspection during business hours at the owner's office in Atlantic City. In the event that the owner does not maintain an office in Atlantic City, then the owner shall produce, within 48 hours, all information requested by the Director at the Director's offices.

The owner shall bring to the attention of all employees and agents all of the rules and regulations in this article.

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

Only duly licensed employees or agents of an owner shall operate a licensed limousine.

All owners and/or operators shall promptly answer and comply as directed with all questions, communications, directives and summonses from the Director or his designee.

An owner shall not be permitted to allow or require a driver to be on duty, whether operating a limousine or not, for more than 12 consecutive hours, nor shall said owner return a driver to duty without a minimum of 12 consecutive hours off duty. The prohibition as to continuous hours on duty shall not apply where the driver is the employee of the passenger or where the passenger and the driver have the same employer.

[Amended 11-25-1987 by Ord. No. 112-1987; 3-2-1988 by Ord. No. 9-1988]

All drivers shall maintain a clean appearance at all times.

Drivers shall be courteous to customers at all times.

Drivers shall not smoke while carrying passengers unless given permission to do so by such passengers.

Drivers shall not knowingly consent to the limousine being used for illegal purposes.

Drivers shall not knowingly solicit business in a manner similar to that of a taxicab or attempt to solicit business by knowingly misleading a prospective passenger.

Drivers shall render a receipt when requested by passengers.

Drivers shall not operate a limousine unless the following items are present in the vehicle:

Driver's license.

Driver's mercantile license.

Owner's mercantile license.