Chapter 367 Taxicabs, Charter, Limousine and Tour Vehicles

The Select Board may periodically determine the total number of taxicab licenses available for issuance to operate a taxicab in the Town, and annual taxicab license fees or fees associated with the Official Waiting List.

In addition to the number so determined in Subsection A(1) of this section, there shall be at least two more taxicab licenses available for issuance for an accessible taxicab, to be issued to an applicant who agrees to operate seven days a week on demand 18 hours per day and who agrees to provide accessible taxicab operators who shall comply with the Code of Federal Regulations and shall comply with Subsection M of this section, at all times.

Official Waiting List. In conjunction with monitoring available taxicab licenses, the Town will codify and actively manage an Official Waiting List of prospective applicant names based on order of submission by those interested in acquiring future taxicab licenses. The Unofficial Waiting List as of June 1, 2007, shall serve as the initial reference for the Official Waiting List. Applicants listed on the Official Waiting List shall retain their seniority on the list until such time any applicant requests removal from the list or does not provide annual written confirmation of interest to remain on the Official Waiting List. The Town will update the Official Waiting List in May of each year, and it is the responsibility of the prospective applicants to provide written confirmation of interest to remain on the Official Waiting List prior to the deadline established by the Town. Effective January 1, 2009, the Town may require prospective applicants to annually complete an "Official Waiting List Form" to be eligible for continued inclusion on the Official Waiting List.

An application fee set by the Select Board or its designee shall be payable at the time of application and at the time of written annual confirmation of interest by an established deadline for those applicants on the Official Waiting List.

An application for a taxicab license shall be made out by the taxicab business owner at the time the owner of the taxicab business becomes eligible for a taxicab license as determined in Subsection A(3) of this section. Such application shall set forth under oath all information that the Select Board may require. Each new applicant for an original taxicab license shall apply to the Town Manager for approval.

An applicant who is denied a taxicab license by the Town Manager may appeal the decision to the Select Board. The request for an appeal must be made in writing and filed with the Select Board within 30 days of the issuance of the Town Manager's decision.

Each taxicab license authorizes only one taxicab. No related parties shall hold more than four taxicab licenses at any one time. Related parties, as that term is defined in § 367-1 of this article, shall be considered and deemed to be one person, one business or one corporation for purposes of the regulations. Applicants shall not be eligible for more than one taxicab license in any twelve-month period. An application for a taxicab license shall be deemed to be a joint application by the applicant and all related parties.

(8)

To be eligible for any additional taxicab licenses, the applicant must apply in the same manner as for an original license.

(9)

Effective January 1, 2009, all applicants or prospective applicants for a taxicab license shall possess a current and valid motor vehicle driver's license, and be at least 18 years of age.

(10)

Except as otherwise provided by law, no person shall engage in the business of transporting persons from place to place for hire in a motor vehicle without first having obtained a taxicab license from the Town Clerk.

Residency and address of record.

No taxicab license shall be issued unless the proposed licensee demonstrates familiarity with the roads of the Town, to the satisfaction of the Chief of Police or designee; provided, however, that anyone who has resided in the Town for at least one year prior to the application for such a license is to be presumed, in the absence of evidence to the contrary, to be familiar with the Town's roads.

For a taxicab license, the address set forth in the taxicab license application shall be considered the address of record for all official business correspondence between the Town and the licensee. It shall be the responsibility of the licensee and applicant to provide written changes of address to the Town Clerk as necessary.

For the Official Waiting List, the address set forth in the Official Waiting List Form shall be considered the address of record for all official business correspondence between the Town and the prospective applicant. It shall be the responsibility of the prospective applicant to provide written changes of address to the Town as necessary.

Possession of license. The taxicab license, or a photocopy of such license certified by the Town Clerk, shall be displayed in the interior of the taxicab in clear view of the passengers. Each vehicle licensed under the regulations shall, after payment of the fee and compliance with all application and licensing requirements, receive a vehicle decal from the Town Clerk, which shall be affixed to the licensed motor vehicle in accordance with the regulations. The address of the taxicab licensee is allowed to be removed from the display license; however, it must be on file with the Town Clerk's office and Police Department.

License fee. The fee for a taxicab license shall be set from time to time by the Select Board for each motor vehicle authorized by the Select Board to be operated under the regulations. There shall be a fee in an amount set from time to time by the Select Board for the transfer of a taxicab license from one vehicle to another during the current year of issuance after initial receipt.

Proof of registration. No taxicab license shall be issued by the Town Clerk until the applicant presents proof of registration and insurance appropriate for the operation of a taxicab, and provided that such insurance and registration complies with the appropriate provisions of MGL c. 90. All applicants must present to the Town Clerk an original Massachusetts vehicle registration that clearly indicates the maximum passenger capacity of the motor vehicle being licensed. If such registration document does not indicate maximum passengers, then the applicant must provide the original motor vehicle title document issued by the Massachusetts Registrar of Motor Vehicles. The Town Clerk is prohibited from issuing any taxicab license to a motor vehicle which exceeds a carrying capacity of 10 persons, including the taxicab operator.

License transfer.

No taxicab license provided for in the regulations shall be sold, assigned or transferred, nor shall a majority in interest of any entity holding such a license be sold, assigned or transferred without the approval of the Select Board. Such sale, assignment or transfer, without such approval, shall automatically terminate said license, and any such license held shall immediately be surrendered to the Town Clerk. The Town maintains a waiting list for those applicants who wish to obtain a taxicab license when it becomes available, as defined in § 367-1 and codified at § 367-2. The Select Board shall deny a request for a sale, assignment or transfer of an available taxicab license if there is any applicant on the Official Waiting List at the time of such request, except as provided for in Subsection F(3).

No motor vehicle which is operated under the regulations shall be leased or borrowed by the taxicab license holder without the approval of the Select Board or its designee. No person or business which holds a taxicab license shall allow said license to be used or in any way controlled by any other person or business that is not the taxicab license holder as approved by the Select Board or its designee.

Legacy taxicab licenses. The spouse or immediate family member (i.e., mother, father, son, daughter, sister, brother, registered domestic partner) of a current taxicab license holder who dies or becomes legally incapacitated may apply for the license within 30 days of the death or determination of incapacitation of the taxicab license holder. Upon approval by the Select Board, the taxicab license may be transferred to the spouse or immediate family member, if said person does not already hold a taxicab license.

Vehicle inspections; vehicle condition.

Taxicabs are subject to periodic inspections by the Police Department throughout the year to determine fitness for continued operation, compliance with the regulations, and availability to serve the public.

Taxicabs shall comply with all provisions relative to the operation and equipping of motor vehicles under MGL c. 89 and c. 90, any bylaw of the Town, or any rule or regulation promulgated by the Massachusetts Registrar of Motor Vehicles.

Taxicabs shall be well maintained and be in a good and reliable mechanical condition. Taxicabs must have a valid state inspection sticker. No motor vehicle shall be operated with an inspection "rejection" for equipment or emissions, in accordance with state requirements.

Taxicabs shall be clean inside and outside and be well-painted; all wheels of said taxicab shall be covered with hubcaps if so designed.

Any violation of this subsection shall result in the automatic suspension of the right to operate the taxicab; such suspension shall not be rescinded until said violations are corrected to the satisfaction of the Town.

Rate posting. The holder of a taxicab license or a taxicab operator shall display the current fares and fees in the interior of the taxicab so as to be seen by any passenger(s) and shall make this information available to the passenger(s) upon request.

Fares.

No holder of a taxicab license shall charge or receive fares for the hire of a taxicab in any sums of money other than those prescribed by the fee schedule promulgated by the Select Board and from time to time amended.

The holder of a taxicab license or taxicab operator license shall clearly display a Contact Information Card on the rear of the driver's seat in the format approved by the Town.

Advertisements.

No advertisements of any kind shall be displayed upon a taxicab.

Rates or fares may not be displayed on the exterior of a taxicab.

All taxicabs shall have permanently affixed to both sides of the vehicle, with letters at least three inches high but not higher than six inches, the name and company licensed to operate the taxicab. The taxicab operator's name, address and telephone number may be placed upon the taxicab's window glass; however, such information shall be placed so as to not impair or impede the operation of the taxicab or violate any provision of Massachusetts General Laws.

All taxicabs shall have permanently affixed to the windows on both sides of the vehicle, and the rear window, a unique identification number found on the taxicab license issued by the Town Clerk's office. These numbers shall be four inches high and of contrasting color to the background so that they are clearly visible to passengers entering and exiting the taxicab.

Any taxicab licensed under the regulations that advertises twenty-four-hour service shall be available if and when called.

No taxicab business owner shall advertise in any manner, form or publication that its taxicab(s) is available for tours.

Record of trips.

The taxicab operator for hire shall maintain a record of trips during all shifts worked. The written record of trips must be available for inspection, upon demand, by a police officer and must be turned in to the motor vehicle owner for recordkeeping purposes at the end of the taxicab operator's shift.

The taxicab business owner must produce, upon demand of the Chief of Police, or any person designated by the Chief of Police, a record of all trips made by such taxicab(s) as the Chief of Police or the Chief of Police's designee requests for a period of up to 180 days, in addition to the name and address of the taxicab operator(s), the time of the beginning and termination of each trip, location of the first and last stop on each trip, and the total fare charged for each trip.

Taxicab operators shall issue trip receipts upon request to paying customers using the approved Town format for same.

Duration of license.

Taxicab licenses shall be valid from June 1 through May 31. Annual taxicab licenses may be renewed upon payment annually on or after May 15 and no later than May 31. There shall be no extensions or grace period after May 31, except that the Town may issue such license provisionally prior to May 31 pending the approval of the fingerprint-supported record check. Such provisional license shall only be issued if the taxicab owner has met all conditions which would warrant the issuance of the license, including payment of any applicable fees and submission of fingerprints. If the applicant's record check produces a disqualifying record, the taxi license issued provisionally shall summarily be revoked.

If a new taxicab license is granted during the year, the licensee shall accept and pay for said license no later than 30 days after said approval. Failure to do so will result in the license being invalid.

All holders of taxicab licenses shall comply with MGL c. 62C, § 49A, stating that such holder has complied with all laws of the commonwealth relating to taxes prior to receiving her/his taxicab license from the Town Clerk.

All taxicabs licensed by the Town must be operated during the months of June, July and August. Failure to do so will result in revocation of said license, which shall immediately be surrendered to the Town Clerk.

Taxicabs not operating year-round shall notify the Town Clerk prior to ceasing to operate during any portion of the winter months.

Accessible taxicabs. Accessible taxicabs shall operate in the same fashion as the current taxi service in Town. Accessible taxicabs are not for the exclusive use of wheelchair users and may be utilized by the general public. All accessible taxicabs shall be equipped to accommodate a motorized and nonmotorized wheelchair and shall comply with the following restrictions as set forth in this section.

A taxicab license for an accessible taxicab is strictly for the use of a wheelchair-accessible taxicab. If at any time an accessible taxicab needs to be replaced, it must be replaced with another wheelchair-accessible taxicab or the taxicab operator or taxicab business owner must surrender the license.

The accessible taxicab shall provide year-round service.

An accessible taxicab shall comply with the Code of Federal Regulations (49 CFR 38.23) in the following areas:

The lift or the ramp must comply with 49 CFR 38.23;

The securing devices and seatbelt and shoulder harness must comply with 49 CFR 38.25; and

(c)

The accessible door height and overhead clearance must comply with 49 CFR 38.25.

The accessible taxicab operator shall be knowledgeable in the following areas:

The operation of a lift or ramp for the entry into the taxicab of a wheelchair;

Securing the wheelchair in the taxicab; and

(c)

Providing proper assistance to a disabled passenger.

The holder of an accessible taxicab license or taxicab business owner shall be responsible for training all its operators about the accessible features of the accessible taxicab and is responsible for educating these operators about the regulations.

An accessible taxicab operator shall be required to participate in ADA sensitivity training conducted by the Nantucket Commission on Disability, and it shall be the operator's responsibility to complete this training prior to operating an accessible taxicab.

The Nantucket Commission on Disability will inspect all accessible taxicabs on an annual basis to ensure that the accessible taxicab meets the requirements of the regulations prior to issuance of a taxicab license for an accessible taxicab. Failure to pass this inspection will result in the suspension of said license.

(8)

An accessible taxicab shall service the Steamship Authority, Airport and all Town Taxi Standing Areas, as that term is defined in the regulations.

(9)

An accessible taxicab shall provide Town-wide services.

(10)

The taxicab fare for a wheelchair user shall be the same as for an ambulatory customer.

(11)

An accessible taxicab license holder shall provide notice to the public of the availability of its accessible taxicab unless notice is prohibited.

Such notice shall be placed on the vehicle and in telephone directories; and

All other taxi companies shall be informed about the accessible taxicab service and supply any disabled client with the appropriate information and telephone contact for an accessible taxicab.

(12)

No advertisement for an accessible taxicab will include the word "handicapped" either in or on the accessible taxicabs or in any printed material. "Wheelchair Accessible" along with the universal symbol for special needs accessibility is appropriate on an accessible taxicab, and using the word "disabled" or "special needs" versus the word "handicapped" is encouraged by the Town wherever possible.

Regulations. A copy of the regulations shall be kept in the taxicab at all times.

§ 367-3 Taxicab operators.

Taxicab operator's license.

Every taxicab operator licensed under the regulations shall display his/her taxicab operator's license in the interior of his/her taxicab where it is in plain view and can be easily viewed by passengers riding in the rear seat of the aforesaid taxicab. The taxicab operator's address is allowed to be removed from the display license; however, the address must be on file with the Police Department.

All taxicab operator's licenses shall be affixed with a current validation sticker as issued by the Town. All applicants for a taxicab operator's license shall possess a current and valid motor vehicle driver's license, and be at least 18 years of age.

No taxicab operator's license shall be issued unless the proposed licensee demonstrates familiarity with the roads of the Town, to the satisfaction of the Chief of Police or designee; provided, however, that anyone who has resided in the Town for at least one year prior to the application for such a license is to be presumed, in the absence of evidence to the contrary, to be familiar with the Town's roads.

At the Town's discretion, a temporary taxicab operator's license may be issued by the Town, provided that the applicant has provided all required information and meets all of the requirements for the issuance of a taxicab operator's license. The temporary taxicab operator's license is only to be issued so that the applicant may operate a taxicab during the pendency of the applicant's fingerprint record check and in no case shall it be valid for a period exceeding 30 days. The holder of a temporary taxicab operator's license shall be subject to all applicable sections of these regulations.

Any temporary taxicab operator's license issued shall automatically terminate upon the expiration of the thirty-day period or shall automatically terminate after five calendar days (Saturday, Sunday and holidays included) from the date upon which the applicant is notified that his/her record check has been completed, whichever occurs first. Notification may be by message to the taxicab company owner who is listed on the application, voice message to the applicant's listed phone number, or by any other reasonable means.

Fee for taxicab operator's license.

The fee for a taxicab operator's license shall be set from time to time by the Select Board. This fee is independent, and not reduced if a temporary taxicab operator's license is issued. Picture identification licenses shall not have to be renewed annually; however, a validation sticker shall be obtained yearly, clearly stating the expiration date of the taxicab operator's license. The fee for the validation sticker shall be set from time to time by the Select Board. If a taxicab operator's license is lost or in need of replacement, there shall be a replacement fee for the picture ID and for the validation sticker in amounts set from time to time by the Select Board.

The fee for a temporary taxicab operator's license shall be set from time to time by the Select Board and shall be nonrefundable.

Application for taxicab operator's licenses. All applicants shall provide, under the penalties of perjury, such information as may be required of said applicant by the Town, including annually presenting an executed certification of understanding of the taxicab regulations of the Town of Nantucket. Failure to provide such certification shall result in the rejection of the application/renewal for a taxicab operator's license.

Rejection of application; revocation of license. In addition to failure to meet the requirements of the preceding subsections, a decision to reject an application, or to suspend, revoke, or fail to renew a license, may be based on the following:

An applicant or licensee convicted of any felony or misdemeanor may be barred from receiving or holding a taxicab license for up to the following maximum periods of time:

Five years after an incident leading to the applicant's or licensee's conviction or admission of sufficient facts or pleas of no contest for the sale or possession of a controlled substance, or for operating under the influence of an intoxicating liquor or of a controlled substance, or for assault and battery.

Five years after the incident that led to the revocation, or two years after an incident leading to the suspension of a driver's license.

For conviction or finding of responsibility for a moving violation, the Select Board may suspend or revoke the taxicab operator's license for a period of time set by the Select Board that shall not exceed seven days.

Notwithstanding the preceding subsections, where the evidence shows that the applicant's or licensee's other activities or condition would, if combined with the use of a taxicab license, present a danger to the health, safety, welfare or morals of the Town, the Select Board or its designee may reject an application, or suspend, revoke or decline to renew an existing taxicab operator's license.

§ 367-4 Prohibited practices.

Taxi stands.

A taxicab operator, when occupying that part of a way designated as a taxi stand, shall not decline to accept as a passenger anyone requesting service and, once engaged, must thereafter depart from said taxi stand without delay. If a disabled passenger is first among a group of individuals waiting for a taxicab at a designated taxi stand and the accessible taxicab is the next available taxicab, the disabled person and attendant party shall have access to that taxicab. If the disabled person is first among a group of people waiting for a taxicab at a designated taxi stand and the accessible taxicab is not the next available taxicab, the accessible taxicab may accommodate disabled passengers immediately, regardless of the accessible taxicab's position in the taxi stand line and regardless of the disabled person's position in the line waiting for taxicabs. No advertisement will include the word "handicapped" either on the accessible taxicab or in any printed material. "Wheelchair Accessible" along with the universal symbol for accessibility would be appropriate on the taxicab, and using the word "disabled" versus "handicapped" would be appropriate in all printed material.

No taxicab operator, while awaiting employment by passengers, shall allow her/his motor vehicle to stand in any way except at an approved taxi stand. No taxicab operator shall leave an in-service taxicab unattended at a taxi stand.

A taxicab holding itself out as available for limousine service shall not occupy the spaces reserved for taxicabs.

No taxicab operator or taxicab business owner shall allow her/his motor vehicle to occupy the designated taxi stand directly across from Zero Main Street if said taxi stand is already occupied by a motor vehicle owned or operated by the same business.

No person may park or stand a vehicle other than a Town-licensed taxicab in a taxi stand.

Tours or charters prohibited.

A taxicab license does not qualify the licensee to conduct tours or charters. Taxicab operators shall not display in or about the taxicab a tour sign or an advertisement for same, nor shall there be advertised in any other way that the taxicab operator is available for tours or charters in any manner whatsoever.

A taxicab operator may not offer tour services or in fact conduct tours or charters of any type.

Number of passengers.

No taxicab operator or taxicab business owner shall permit, suffer or allow any taxicab under her/his control to operate with a number of passengers greater than the number of available seatbelts. No taxicab operator shall transport passengers under the regulations unless said passengers are able to occupy a seat with a seatbelt.

No taxicab operator operating a taxicab in service for hire shall allow any person to ride upon the driver's seat; or a passenger seat unless said person is a bona fide passenger who has hired said taxicab under the regulations.

No taxicab operator shall operate or allow to be operated any motor vehicle under the regulations with a maximum seating capacity of more than 10 persons, including said taxicab operator.

Operator/Owner conduct.

Taxicab operators shall not dress in an unprofessional manner or in any manner not consistent with Subsection E of this section.

No owner or person having care of a taxicab shall permit, suffer or allow any person other than a duly authorized taxicab operator under the regulations to operate the taxicab.

No taxicab operator shall fail to produce her/his driver's license, vehicle registration or fail to stop and identify herself/himself and/or the owner of the taxicab upon the request of a police officer.

No taxicab operator or taxicab business owner shall allow a motor vehicle to be operated on a way if it is in violation of any of the provisions of the regulations.

Taxicab operators shall at all time while operating under the regulations maintain a professional, polite and courteous demeanor.

Smoking is prohibited in licensed taxicabs.

Taxicab operator dress code. The following is a minimum professional standard of dress for taxicab operators.

Pants/Skirts: clean, no holes, rips or tears. Hems must be sewn. Sweatpants are prohibited.

Shorts: clean, no holes, rips or tears. Length must be equivalent to "Bermuda Short" type. No fringed bottoms; hems must be sewn. Athletic-type shorts are prohibited.

Shirts: clean, with long or short sleeves, tucked neatly into pants if the shirt has tails. If the shirt has a square bottom, the shirt may be left out. Sleeveless shirts and sleeveless T-shirts are prohibited. Sweatshirts may be worn only as an outer garment.

Shoes: Sneakers, loafers or docksiders are acceptable with no holes or tears. Sandals may be worn if secured around the ankle and the heel. Flipflops are prohibited.

Jackets: clean, no holes or rips; jackets with advertising, other than of the taxicab company, are prohibited.

Caps/Hats: clean, no holes, worn on the top of the head and with the brim facing forward.

§ 367-7 Authority; enforcement; severability.

Grooming: clean clothes; hair must be neat and combed; face must be clean shaven or beard and/or mustaches must be neat and trimmed.

A taxicab operator shall not decline to accept as a passenger anyone requesting service under any circumstance unless the taxicab operator reasonably determines that the potential passenger exhibits signs of inebriation, is engaged in disorderly conduct or abusive behavior, or if the taxicab operator reasonably determines, based on a potential passenger's behavior, that he or she constitutes a threat of physical harm to any individual, including other passengers or the taxicab operator.

§ 367-5 Fares.

Fare schedule. No taxicab operator shall charge or receive fares for the hire of such taxicab within the Town in any sums of money other than those prescribed by the "Established Taxi Rates" schedule promulgated by the Select Board, as from time to time amended.

Rate of fare. The fare to be taken by or paid to the taxicab business owner, taxicab operator, or other person having charge of any licensed taxicab shall be per the Established Taxi Rates. The Established Taxi Rates may be amended by the Select Board periodically.

§ 367-6 Violations and penalties.

Fines. Any person, whether a taxicab business owner, taxicab operator or any other person, found in violation of any provision of the regulations shall be punished by a fine of $200 for each offense. This penalty may be enforced by the Nantucket Police Department by means of noncriminal disposition pursuant to Chapter 1, Article II, of the Code of the Town of Nantucket. If such person has incurred, and either plead guilty, chosen not to contest or been found guilty or "responsible" after hearing for three violations of the regulations during any given calendar year, then the penalty for the fourth offense during that same calendar year shall be $300. Subsequent violations may result in forfeiture of the vehicle license.

Suspension of license. The Chief of Police or the Chief of Police's designee may suspend, pending a hearing by the Select Board, the taxicab operator's license of any licensee found in violation of any provision of the regulations.

Revocation of license. Any violation of the regulations and rates may, after a public hearing by the Select Board, result in the suspension or revocation of the taxicab license.

Authority. The regulations are adopted under authority of MGL c. 40, § 22.

Enforcement. It shall be the duty of the Nantucket Police Department to enforce the regulations.

Severability. If any provision or any portion thereof contained in the regulations is held to be unconstitutional, invalid or unenforceable, the remainder of the regulations or portions thereof shall be deemed severable, shall not be affected and shall remain in full force and effect.

Article II Charters, Limousines and Tour Vehicles

[Amended 5-16-1994; 3-12-2003; 4-18-2007; 5-6-2015]

§ 367-8 Definitions; purpose.

As used in these regulations, the following terms shall have the following meanings, unless a different meaning is clearly apparent from the language or context:

CHARTER VEHICLE

Any passenger motor vehicle capable of carrying no more than 10 passengers, including the operator, used for the exclusive purpose of conveying passengers to a predetermined, specific point, that is not upon a way of the Town, for sightseeing, excursions or other special events. A charter vehicle may traverse ways of the Town only to facilitate conveyance of passengers to the predetermined, specific point.

CHARTER VEHICLE LICENSE

A license issued by the Town Clerk authorizing the use of a charter vehicle after approval of the Select Board.

CHARTER VEHICLE OPERATOR'S LICENSE

A picture identification license issued by the Nantucket Police Department authorizing the holder to operate a charter vehicle.

LIMOUSINE VEHICLE

Any passenger motor vehicle capable of carrying no more than 10 passengers, including the operator, used for the exclusive purpose of conveying passengers between specific and predetermined points for an established hourly rate. A limousine vehicle shall not be used to conduct tours of any type.

LIMOUSINE VEHICLE LICENSE

A license issued by the Town Clerk authorizing the use of a limousine vehicle after approval of the Select Board.

LIMOUSINE VEHICLE OPERATOR'S LICENSE

A picture identification license issued by the Nantucket Police Department authorizing the holder to operate a limousine vehicle.

OPERATOR

Any person who operates a limousine, charter or tour vehicle.

PARKING SPACE

A designated parking space upon a public way of the Town reserved for the exclusive use of vehicles specifically regulated herein.

POLICE OFFICER or OFFICER

Any officer authorized to make arrests or serve criminal process, provided he/she is in uniform or displays her/his badge of office.

RELATED PARTIES

The applicant; any person who is a parent, spouse or child of an applicant; any entity (including, without limitation, corporations, partnerships, limited partnerships, limited-liability companies or other business entities) in which a related party holds more than a 50% direct or indirect ownership of the stock, capital or profits; or any entity that holds more than a 50% direct or indirect ownership of the stock, capital or profits.

SELECT BOARD

The duly elected members of the Select Board for the Town of Nantucket, Massachusetts.

TEMPORARY CHARTER, LIMOUSINE OR TOUR VEHICLE OPERATOR'S LICENSE

A license issued by the Town authorizing the holder to operate a charter, limousine or tour vehicle on a limited or temporary basis for a period not to exceed 30 days.

TOUR VEHICLE

Any passenger motor vehicle capable or carrying no more than 10 passengers, including the operator, used for the exclusive purpose of conveying passengers for an established hourly rate for sightseeing and guided tours upon ways of the Town.

TOUR VEHICLE LICENSE

A license issued by the Town Clerk authorizing the use of a tour vehicle after approval of the Select Board.

TOUR VEHICLE OPERATOR'S LICENSE

A picture identification license issued by the Nantucket Police Department authorizing the holder to operate a tour vehicle.

TOWN

The Town and County of Nantucket, Massachusetts.

TOWN CLERK

The duly elected Clerk for the Town of Nantucket, Massachusetts.

VALIDATION STICKER

A sticker issued by the Town which shall be affixed to the limousine, charter or tour vehicle operator's license. Said sticker shall indicate the expiration of the limousine, charter or tour vehicle operator's license.

VEHICLE DECAL

A sticker issued by the Town Clerk that shall be displayed on the interior of the windshield and affixed upon the driver's side lower corner where the windshield meets the vehicle hood and door pillar. The decal shall be affixed so that it is clearly visible above the hood from the exterior of the vehicle and in such a manner as to not restrict visibility.

WAITING LIST

The official codified list(s) of names of charter, limousine and tour license applicants managed by the Town.

WAY

Any public way, private way laid out for public use, any way indicated for public use or any way to which the public has a right of access as invitees, licensees or guests.

Purposes. The purposes of these regulations, to be adopted pursuant to the authority of MGL c. 40, § 22, are to serve the public need and convenience and to promote the public health, welfare and safety of the residents of and visitors to Nantucket.

§ 367-9 Charter, limousine and tour vehicle licenses; vehicle condition; operating requirements.

In conjunction with monitoring available annual licenses in this section, the Town will codify and actively manage an official waiting list of applicant names based on order of submission by those interested in acquiring future charter, limousine and tour licenses. An application fee may be set by the Select Board or its designee, payable at the time of application and at the time of written annual confirmation of interest by an established deadline for those on the waiting list(s).

Charter vehicle licenses.

Application for a charter vehicle license shall be made by the owner of the charter vehicle business. An application by one party for a license shall be deemed to be a joint application by the applicant and all related parties who are also licensees. Such application shall set forth under oath all information that the Select Board may require. Each new applicant for an original license shall apply to the Select Board for its approval. One license shall be required for a charter vehicle business owner, with each license specifically designating the number of charter vehicles that the business owner is allowed to operate within the Town by the Select Board.

There shall be no application for more than one charter vehicle license per business; except that any business which holds a valid license for a limousine/charter vehicle(s) that was issued prior to April 1, 1993, may transfer said limousine/charter vehicle license(s) to a charter, limousine or tour vehicle license(s) upon making application for said license(s) prior to June 15, 1993. Multiple charter vehicles with one owner are permitted, with approval of the Select Board. To be eligible for any additional vehicle(s), the license holder must apply in the same manner as for an original license. Only one additional vehicle per license may be awarded per year.

Limousine vehicle licenses.

Application for a limousine vehicle shall be made by the owner of the limousine vehicle business. An application by one party for a license shall be deemed to be a joint application by the applicant and all related parties who are also licensees. Such application shall set forth under oath all information that the Select Board may require. Each new applicant for an original license shall apply to the Select Board for its approval. One license shall be required for a limousine vehicle business owner, with each license specifically designating the number of limousine vehicles that the business owner is allowed to operate within the Town by the Select Board.

There shall be no more than one limousine vehicle license per business, unless said license was acquired through transfer of an existing multiple limousine/charter vehicle license issued prior to April 1, 1993. Multiple limousine vehicles with one owner are permitted, with approval of the Select Board. To be eligible for any additional vehicle(s), the license holder must apply in the same manner as for an original license. Only one additional vehicle per license may be awarded per year.

Tour vehicle licenses.

Application for a tour vehicle license shall be made by the owner of the tour vehicle business. Such application shall set forth under oath all information that the Select Board may require. Each new applicant for an original license shall apply to the Select Board for its approval. One license shall be required for a tour vehicle business owner, with each license specifically designating the number of tour vehicles that the business owner is allowed to operate within the Town by the Select Board.

There shall be no more than one tour vehicle license per business, unless said license was acquired through transfer of an existing multiple limousine/charter vehicle license issued prior to April 1, 1993. Multiple tour vehicles with one owner are permitted, with approval of the Select Board. To be eligible for any additional vehicle(s), the license holder must apply in the same manner as for an original license. Only one additional vehicle per license may be awarded per year. An application by one party for a license shall be deemed to be a joint application by the applicant and all related parties who are also licensees.

License required. For charter, limousine and tour vehicle licenses, except as otherwise provided by law, no person shall engage in the business of transporting persons for hire in a vehicle without first having obtained a license from the Select Board authorizing and designating the number of vehicles that may be used under said license.

Number of licenses. The Select Board shall periodically determine the number of charter, limousine and tour vehicle licenses to be issued. Such determination shall be made based upon serving public need, convenience and the promotion of public health and safety, which shall be at the sole discretion of the Select Board.

Residency and address of record.

No charter, limousine or tour vehicle license shall be issued unless the proposed licensee demonstrates familiarity with the roads of the Town to the satisfaction of the Chief of Police or designee; provided, however, that anyone who has resided on Nantucket for at least one year prior to the application for such a license is to be presumed, in the absence of evidence to the contrary, to be familiar with the Town's roads.

The address set forth in the charter, limousine and tour license application shall be considered the address of record for all official business correspondence between the Town and licensee or waiting list applicants. Licensees and applicants shall provide to the Town written changes of address as necessary.

Possession of license. The charter, limousine or tour vehicle license, or a photocopy certified by the Town Clerk, shall be displayed in the interior of the charter, limousine or tour vehicle in clear view of the passengers. Each vehicle licensed under these regulations shall, after payment of the fee and compliance with all application and licensing requirements, receive a vehicle decal from the Town Clerk, which shall be affixed to the licensed vehicle in accordance with these regulations.

License fees. The fee for a charter vehicle license, limousine vehicle license, or tour vehicle license shall be set from time to time by the Select Board. There shall be a fee set by the Select Board for any transfer of license from one vehicle to another during the current year of issuance after initial receipt.

Proof of registration and insurance.

No charter, limousine or tour vehicle license shall be issued by the Town Clerk until the applicant presents proof of registration and insurance appropriate for charter, limousine or tour vehicle operations, and provided that such insurance and registration complies with the provisions of MGL c. 90. All applicants must present to the Town Clerk an original Massachusetts vehicle registration that clearly indicates the maximum passenger capacity of the vehicle being licensed. If the registration document does not indicate maximum passengers, then the applicant must provide the original motor vehicle title document issued by the Massachusetts Registrar of Motor Vehicles. The Town Clerk is prohibited from issuing any license to a vehicle that has a maximum carrying capacity of more than 10 passengers (which includes the driver). If the charter, limousine or tour vehicle business owner is allowed by the Select Board to operate more than one charter, limousine or tour vehicle, the business owner shall provide proof that each vehicle licensed complies with this section.

All insurance and registration requirements specified in the preceding subsection shall be for a minimum period of three months; provided that any vehicle so registered and insured must be inspected and equipped as provided in MGL c. 90. Any charter, limousine or tour vehicle license holder who fails to meet the requirements of this section shall forfeit said charter, limousine or tour vehicle license immediately.

License transfer.

No charter, limousine or tour vehicle license provided for in these regulations shall be sold, assigned or transferred, nor shall a majority in interest of any entity holding such a license be sold, without the approval of the Select Board. Such sale, assignment or transfer, without such approval, shall automatically terminate said license, and any license held shall immediately be surrendered to the Town Clerk.

No person or business who or which holds a charter, limousine or tour vehicle license shall allow said license to be used, managed or in any way controlled by any other person or business who or which is not the license holder as approved by the Select Board.

No vehicle which is operated under these regulations shall be leased or borrowed by the charter, limousine or tour vehicle license holder without the approval of the Select Board.

No charter or tour vehicle license may be transferred to a vehicle used as a taxicab within the Town, nor shall said charter or tour vehicle license be used in conjunction with a taxicab license issued to the same vehicle for a period of one year from the date of issue of the charter or tour vehicle license.

A limousine license may not be used in conjunction with a taxicab license.

Vehicle inspections; vehicle condition.

Charter, limousine or tour vehicles licensed by the Select Board are subject to periodic inspections by the Nantucket Police Department to determine their fitness for continued operation and compliance with the regulations herein.

Charter, limousine or tour vehicles shall comply with all provisions relative to the operation and equipping of motor vehicles under MGL c. 89 and c. 90, any bylaw of the Town or any rule or regulation promulgated by the Registrar of Motor Vehicles. No vehicle shall be operated under these regulations with a "rejection sticker," so called, indicating a failure to comply with safety or emission requirements.

Charter, limousine or tour vehicles shall be well maintained and be in a good and reliable mechanical condition.

Charter, limousine or tour vehicles shall be clean, inside and outside, and be well painted. All external vehicle surfaces are to be free of major dents or other defects which could affect the appearance of the charter, limousine or tour vehicle.

Charter, limousine or tour vehicles shall be equipped with either wheel covers or hub caps on all wheels of the vehicle.

Any violation of the preceding subsections shall result in the automatic suspension of the charter, limousine or tour vehicle's right to operate. Such suspension shall not be rescinded until said violations are corrected.

Rate and license posting. Rates shall be determined by the Select Board and shall be clearly displayed along with the charter, limousine or tour vehicle license in view of passengers, and shall be so placed and secured in a frame or in some other manner that they may not be easily molested or destroyed.

Advertisements. No advertisements of any description, including announcements of rates or fares, shall be displayed upon a charter, limousine or tour vehicle. The owner's name, address and telephone number may be placed upon the charter, limousine or tour vehicle; however, they shall be so placed so as to not impair or impede the operator of said limousine or charter vehicle, and further provided that they do not violate any provision of MGL c. 90, § 7, § 9 or § 13 or any section of the Code of Massachusetts Regulations.

Zoning requirements. All applicants shall comply with all zoning requirements of the Town and provide proof of compliance to the Select Board prior to the approval of said license.[1]

[1]

Editor's Note: See Ch. 139, Zoning, of the Code of the Town of Nantucket.

Duration of license.

All charter, limousine or tour vehicle licenses shall be valid from June 1 through May 31. Charter, limousine or tour vehicle licenses approved by the Select Board and issued by the Town Clerk may be renewed upon payment annually on or after May 15 and no later than May 31. There shall be no extensions or grace period after May 31, except that the Town may issue such license provisionally prior to May 31 pending the approval of the fingerprint-supported record check. Such provisional license shall only be issued if the charter, limousine or tour vehicle owner has met all conditions which would warrant the issuance of the license, including payment of any applicable fees and submission of fingerprints. If the applicant's record check produces a disqualifying record, the charter, limousine or tour vehicle license issued provisionally shall summarily be revoked.

If the Select Board grants a new license during the year, the license grantee shall take acceptance and pay for said license no later than 30 days after said approval by the Board or the license is considered abandoned.

§ 367-10 Charter, limousine or tour vehicle operators.

All charter, limousine and tour vehicle license holders shall comply with MGL c. 62C, § 49A, stating that s/he/it has complied with all laws of the Commonwealth relating to taxes prior to receiving a license from the Town Clerk.

Charter, limousine and tour vehicle operator's license.

Every operator of a charter, limousine or tour vehicle while engaged in the operation of a charter, limousine or tour vehicle licensed under these regulations shall display her/his charter, limousine or tour vehicle operator's license in a suitable frame or other device upon the interior of said charter, limousine or tour vehicle where it is in plain view and can be easily viewed by passengers riding in the rear seat of the aforesaid charter, limousine or tour vehicle.

All charter, limousine or tour vehicle operator's licenses shall be affixed with a current validation sticker as issued by the Town of Nantucket. All applicants for a charter, limousine or tour vehicle operator's license shall possess a current and valid Massachusetts motor vehicle driver's license, and be at least 18 years of age.

At the Town's discretion, a temporary charter, limousine or tour vehicle operator's license may be issued by the Town, provided that the applicant has provided all required information and meets all of the requirements for the issuance of a charter, limousine or tour vehicle operator's license. The temporary charter, limousine or tour vehicle operator's license is only to be issued so that the applicant may operate a charter, limousine or tour vehicle during the pendency of the applicant's fingerprint record check, and in no case shall it be valid for a period exceeding 30 days. The holder of a temporary charter, limousine or tour vehicle operator's license shall be subject to all applicable sections of these regulations.

Any temporary charter, limousine or tour vehicle operator's license issued shall automatically terminate upon the expiration of the thirty-day period or shall automatically terminate after five calendar days (Saturday, Sunday and holidays included) from the date upon which the applicant is notified that his/her record check has been completed, whichever occurs first. Notification may be by message to the company owner who is listed on the application, voice message to the applicant's listed phone number, or by any other reasonable means.

Fee for licenses.

The fee for a charter, limousine or tour vehicle operator's picture identification license shall be set from time to time by the Select Board. Picture identification badges shall not have to be renewed annually; however, a validation sticker shall be obtained yearly, clearly stating the expiration date of the operator's license. The fee for the validation sticker shall be set from time to time by the Select Board. If a picture identification license is lost or in need of replacement, there shall be a fee for the picture ID and for the validation sticker in amounts set from time to time by the Select Board.

The fee for a temporary charter, limousine or tour vehicle operator's license shall be set from time to time by the Select Board and shall be nonrefundable.

Application for charter, limousine or tour vehicle operator's identification licenses. All applicants shall set forth, under the penalties of perjury, such uniform information as may be required of said applicant, in addition to the following information: name of applicant and the name of the license holder for whom the applicant will be working.

Rejection of application; suspension, revocation or nonrenewal of license. In addition to failure to meet the requirements of the preceding subsections, a decision to reject an application, or to suspend, revoke, or fail to renew a license may be based on the following:

An applicant convicted of any felony or misdemeanor may be barred from receiving or holding a license for up to the following maximum periods of time:

Five years after the incident leading to the applicant license holder's conviction or admission of sufficient facts or pleas of no contest for the sale or possession of a controlled substance, or for operating under the influence of an intoxicating liquor or of a controlled substance, or for assault and battery.

Five years after the incident that led to the revocation, or two years after the incident which led to the suspension of a driver's license.

(c)

Any conviction or finding of responsible for a moving violation. The Select Board may suspend the charter, limousine or tour vehicle operator's license for a period of time set by the Select Board that shall not exceed seven days.

Notwithstanding the preceding subsections, where the evidence shows that the applicant's or license holder's other activities or condition would, if combined with the use of a charter, limousine or tour vehicle operator's license, present a danger to the health, safety, welfare or morals of the Town of Nantucket, the Select Board may reject an application, or they may suspend, revoke or fail to renew an existing license.

§ 367-11 Prohibited practices.

Designated parking areas.

An operator of a tour vehicle, when occupying that part of a way designated as a tour vehicle parking area, shall not decline to accept as a passenger anyone requesting service and must thereafter depart from said parking areas without delay. No person may park or stand a vehicle other than a Town-licensed tour vehicle in a designated tour vehicle stand.

No tour vehicle operator, while awaiting employment by passengers, shall allow her/his vehicle to stand or park upon any public way except at a designated tour vehicle parking area.

No tour vehicle operator, while awaiting employment by passengers, shall allow her/his vehicle to stand unattended at a designated tour vehicle parking area.

No tour vehicle operator shall park in a designated tour vehicle parking area while said parking area is already occupied by a vehicle owned, operated or affiliated with the operator.

No limousine operator shall conduct tours of any type.

No charter vehicle operator shall conduct a tour or excursion upon any way, and the charter vehicle operator shall only conduct a tour or excursion for hire upon private property with the permission of the property owner.

No charter or tour vehicle shall be used in conjunction with a taxicab license.

Number of passengers.

No owner or operator of a charter, limousine or tour vehicle shall permit, suffer or allow any charter, limousine or tour vehicle under his/her control to operate with a number of passengers greater than the number of available seatbelts. No charter, limousine or tour vehicle shall transport passengers under these regulations unless said passengers are able to occupy a seat with a seatbelt.

No owner or operator of a charter, limousine or tour vehicle shall offer to provide service by means of any motor vehicle carrying more than 10 persons, including the driver, upon any way within the Town.

Operator/Owner conduct.

Charter, limousine or tour vehicle operators shall not dress in an unprofessional manner or in any other manner not consistent with Subsection D of this section. All charter, limousine or tour vehicle operators shall wear shirts and shoes and present a neat and professional appearance at all times while awaiting a fare or operating a charter, limousine or tour vehicle.

No owner or person having care of a charter, limousine or tour vehicle shall permit, suffer or allow any person other than a duly authorized operator under these regulations to operate the licensed vehicle.

No charter, limousine or tour vehicle operator shall fail to produce his Massachusetts driver's license, vehicle registration or fail to stop and identify himself/herself and/or the owner of the charter, limousine or tour vehicle upon direction of a police officer.

No charter, limousine or tour vehicle owner or operator shall allow a vehicle to be operated on a way if it is in violation of any of the provisions of these regulations.

Charter, limousine or tour vehicle owners and operators shall at all times while operating under these regulations maintain a professional, polite and courteous demeanor.

Smoking is prohibited by charter, limousine or tour vehicle operators while engaged in carrying or waiting for fares.

Owner/Operator dress code. The following is a minimum professional standard of dress for charter, limousine or tour vehicle operators:

Pants/Skirts: clean, no holes, rips or tears. Hems must be sewn. Sweatpants are prohibited.

Shorts: clean, no holes, rips or tears. Length must be equivalent to "Bermuda Short" type. No fringed bottoms; hems must be sewn. Athletic-type shorts are prohibited.

Shirts: clean, with long or short sleeves, tucked neatly into pants if the shirt has tails. If the shirt has a square bottom, the shirt may be left out. No T-shirts, halter tops. Sweatshirts may be worn only as an outer garment.

Shoes: Sneakers, loafers or docksiders are acceptable with no holes or tears. Sandals may be worn if secured around ankle and heel.

Jackets: clean, no holes or rips. Jackets with advertising, other than of the taxicab company, are prohibited.

Caps/Hats: clean, no holes, worn on the top of the head and with the brim facing forward.