[CC 1985 § 6-36; Ord. No. 149 § 1, 2-7-1954]
As used in this Chapter, the following
terms shall have the meanings indicated:
The business of offering to the public motor vehicles for
the carrying or transportation of passengers upon other than fixed
routes, for a charge or a fee.
Any motor vehicle performing a bona fide for-hire taxicab
service having a capacity of not more than five (5) passengers, exclusive
of the driver, and not operated on a regular route or between fixed
termini.
[CC 1985 § 6-37; Ord. No. 149 § 2, 2-7-1954]
No person shall engage in, operate,
or conduct a public taxicab business within the City of St. James,
Missouri, without first paying the license tax therefor and obtaining
a license therefor as provided by the terms of this Chapter.
[CC 1985 § 6-38; Ord. No. 149 § 3, 2-7-1954]
A.
Any person desiring to secure a license
to engage in, operate, or conduct a public taxicab business within
the City of St. James, Missouri, shall file with the City Clerk a
written application therefor in duplicate, giving the following information:
1.
The full name and address of the
applicant; if a partnership, the name and address of all the partners;
if a corporation, the name and address of all the officers and directors;
the trade name under which applicant does or proposes to do business;
and the address of the principal place of business of the applicant.
2.
The number of taxicabs actually owned
by the applicant and the number held by it under lease, if any.
3.
The make, model, motor number, and
serial number of each taxicab and the registered owner. Provided,
however, that the make, model, motor number and serial number of each
new motor vehicle included in the application may be supplied by the
applicant and endorsed on the application at any time prior to the
actual issuance of the license by the City Clerk.
4.
The experience, if any, the applicant
has had in such business.
B.
Such application shall be sworn to before
a notary public or other officer duly authorized to administer oaths.
[CC 1985 § 6-39; Ord. No. 149 § 4, 2-7-1954]
A.
Upon the filing of such application, the
Council shall thereupon proceed to conduct a hearing upon such application,
giving at least ten (10) days' written notice by mail of such hearing
to the applicant and to all existing holders of public taxicab licenses.
At such hearing, and before any license shall be issued, the applicant
shall be required to show by evidence satisfactory to the Council
that upon the granting of such application the applicant will maintain
at least one (1) taxicab stand and principal place of business, and
have in actual and continuous operation therefrom at least one (1)
taxicab; that the applicant is or will be upon the issuance of the
license the actual bona fide owner or lessee with sole right of control
of all taxicabs described in the application for licenses; that all
of said taxicabs are in good mechanical condition and that the public
convenience and necessity will be served by the granting of such license.
B.
Any person may appear and be heard in opposition
to or in support of any such application.
C.
The City Council shall thereupon, in due
course and without delay, grant to applicant a hearing and issue or
deny license accordingly.
D.
In determining whether the public convenience
or necessity will be served by the granting of such application, the
Council may take into consideration the number of taxicabs operated
by the applicant, his/her or its facilities for furnishing transportation
by public taxicab, and any other matters which the Council may deem
relevant upon the applicant's ability to conduct a public taxicab
business with safety to those using the streets of the City and for
the convenience of the public.
[CC 1985 § 6-40; Ord. No. 149 § 5, 2-7-1954]
All licenses issued under the provisions
of this Chapter shall be for the duration of one (1) year, beginning
on May 1 of the year issued and terminating on April 30 of the following
year.
[CC 1985 § 6-41; Ord. No. 149 § 6, 2-7-1954]
After any such license shall have
been issued, the licensee shall be entitled to a renewal thereof for
the succeeding year, provided that the licensee make written application
therefor to the City Clerk and pay the required license fee prior
to the expiration of his/her license. No renewal license shall be
issued unless the application is made and the fee paid prior to the
expiration of the old license.
[CC 1985 § 6-42; Ord. No. 149 § 7, 2-7-1954]
No owner or operator of a taxicab
business may delegate his/her license privilege to any lessee or deferred
payment purchaser of such taxicab business. All licenses issued or
granted under this Chapter shall be non-assignable and non-transferable.
[CC 1985 § 6-43; Ord. No. 149 § 8, 2-7-1954]
Change of ownership of or title to
any taxicab of a licensee shall automatically revoke any certificate
or license for the operation of such taxicab by the purchaser.
[CC 1985 § 6-44; Ord. No. 149 § 9, 2-7-1954]
A.
No licensee shall operate more taxicabs
or any taxicab other than those included in the license unless and
until application shall have been made and approved increasing the
number of taxicabs to be operated by the licensee. Said application
for additional taxicabs shall be filed with the City Clerk, shall
state the name and address of the licensee, the number of taxicabs
sought to be licensed, together with the make, model, motor number
and serial number of each, and whether the same are owned or leased
by the licensee, and the reasons for requesting license for additional
taxicabs. Provided, however, that the make, model, motor number and
serial number of each new motor vehicle included in the application
for additional taxicabs may be supplied by the applicant and endorsed
on the application at any time prior to the actual issuance of the
license by the City Clerk.
[CC 1985 § 6-45; Ord. No. 149 § 10, 2-7-1954]
Each taxicab company shall file a
schedule of its taxicab fees with the City Clerk and shall not exceed
the prices stated in this schedule without prior notice to the City
Council.
[CC 1985 § 6-46; Ord. No. 149 § 11, 2-7-1954]
Every person engaging in, operating or conducting a public taxicab business, as defined by the terms of this Chapter, shall pay therefor a license tax as set forth in Section 605.030.
[CC 1985 § 6-47; Ord. No. 149 § 12, 2-7-1954]
A.
If, at any time, the Council is of the
opinion that any licensee theretofore granted a license to engage
in, operate, or conduct a public taxicab business is engaged in any
unlawful calling, or has violated any provisions of this Chapter or
any other City ordinance, State law or Federal Statute, or is conducting
such business in such a manner as to constitute a danger to public
safety or a menace to the general welfare and well being of the City,
or that such licensee has become unqualified, unfit, or incapable
of engaging in, operating or conducting a public taxicab business,
or that the operation of a public taxicab business by such licensee
does not service the public convenience and necessity, then the Council
may, after due hearing, revoke such license.
B.
Provided, however, no such license shall
be revoked by the Council until after the holder of such license shall
have received reasonable notice and been afforded a hearing before
the Council, at which hearing the licensee shall be permitted to appear
and to offer such testimony in his/her behalf as may be relevant to
the question of the revocation of such license.
[CC 1985 § 6-48; Ord. No. 149 § 13, 2-7-1954]
No license to engage in such public
taxicab business shall be issued to the applicant therefor by the
Clerk of the City of St. James until and after such applicant has
filed with the City Clerk, and the same has been approved by the Mayor,
a liability insurance policy or bond in some insurance company or
association or other insurer authorized to transact business in the
State of Missouri, which liability insurance shall bind the obligors
thereunder to make compensation for damage to or destruction of any
property of one (1) or more persons to a maximum amount of twenty-five
thousand dollars ($25,000.00) by reason of the applicant's legal liability
for damages in consequence of any one (1) accident resulting from
the negligent operation or use of any public taxicab used in such
public taxicab business, and which liability insurance shall bind
the obligors thereunder to make compensation for bodily injuries,
including death at any time resulting therefrom, to one (1) person
to a maximum amount of twenty-five thousand dollars ($25,000.00) by
reason of the applicant's legal liability for damages in consequence
of any one (1) accident resulting from the negligent operation or
use of any public taxicab used in such public taxicab business, and
subject to that limit of a maximum amount of fifty thousand dollars
($50,000.00) for each person, which liability insurance shall bind
the obligors thereunder to make compensation for bodily injuries,
including death at any time resulting therefrom, to more than one (1)
person, to a total maximum amount of twenty-five thousand dollars
($25,000.00) by reason of the applicant's legal liability for damages
in consequence of any one (1) accident resulting from the negligent
operation or use of any public taxicab used in such public taxicab
business.
[CC 1985 § 6-49; Ord. No. 149 § 14, 2-7-1954]
Such insurance policy or bond shall
at all times be in full force and effect during the period of time
for which such license has been issued. If such insurance policy or
bond required by the provisions of this Chapter be canceled or for
any reason whatsoever be not in force or effect during the period
of time for which such license has been issued, then the Council shall
revoke such license forthwith in a summary manner.
[CC 1985 § 6-50; Ord. No. 149 § 15, 2-7-1954]
After any applicant has been granted
such license by the Council and after the applicant has filed the
required insurance policy or bond with the City Clerk, the City Clerk
shall endorse upon copy of the application filed "license approved"
together with the date of such approval. The City Clerk shall thereupon,
upon the payment of the license tax which shall be determined by the
number of taxicabs covered by the license whether in actual operation
or not, issue and deliver such license to the applicant.
[CC 1985 § 6-51; Ord. No. 149 § 16, 2-7-1954]
A.
A licensee holding a license under the
provisions hereof may substitute other taxicab or taxicabs in place
of that or those for which the certificate and license is granted
upon the following conditions.
1.
The licensee shall file a written
application with the City Clerk setting forth the following:
a.
The name and address of the licensee.
b.
The make, model, motor number and
serial number of both the substituted taxicab and/or taxicabs and
the taxicab or taxicabs which are being replaced.
c.
Proof that the licensee is a bona
fide owner or lessee with sole right of control of the taxicab or
taxicabs sought to be substituted.
d.
Proof that the substituted taxicab
or taxicabs have been inspected and are in good mechanical condition.
e.
Proof that the taxicab or taxicabs
sought to be substituted have been included in and are covered under
the liability insurance policy or bond of the licensee.
