[Ord. No. 8052, 2-28-2018]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
CAR SERVICE
A business offered to the public to transport passengers
and/or passengers and their property for a fixed charge, fee, or rate
based primarily upon the amount of time the vehicle is retained.
CHAUFFEUR AGENCY
A business which supplies a driver to operate a motor vehicle
which is owned or rented by the customer and not owned or rented by
the business.
COURTESY CAR
Any vehicle used by an establishment to transport patrons
of an establishment from said establishment to another location and/or
back to the same establishment and nowhere else, or any vehicle used
by an establishment arranging sightseeing or other similar tours for
the purpose of transporting patrons of such establishment without
charge.
DIGITAL NETWORK
Any online-enabled technology application, website, or system
offered or utilized by a transportation network company (TNC) that
enables the prearrangement of rides with TNC drivers.
DRIVER
Every person physically in charge of, operating or driving
a vehicle for hire. A driver shall only be a person and shall not
be a business entity.
DRIVER'S PERMIT
A permit granted by the City to a qualified driver of a vehicle
for hire.
LIMOUSINE
A motor vehicle of more than five-passenger capacity, excluding
the driver, that is licensed by the Missouri Department of Transportation,
especially a luxurious automobile, normally driven by a chauffeur
but shall not include motor buses.
LIMOUSINE SERVICE
A business offered to the public to transport passengers
and/or passengers and their property by limousine.
MOTOR BUS
A motor vehicle having a seating capacity for ten (10) or
more persons, but shall not include motor buses owned or leased by
the City, State, school district, or Federal government.
PREARRANGED RIDE
The provision of transportation by a TNC driver to a rider,
beginning when a TNC driver accepts a ride requested by a rider through
a digital network controlled by a TNC, continuing while the TNC driver
transports a requesting rider, and ending when the last requesting
rider departs from the TNC vehicle. A prearranged ride shall not include:
1.
Transportation provided using a taxicab, limousine, or other
vehicle for hire under this Chapter or Chapter 390, RSMo., or
2.
A shared expense carpool or vanpool arrangement or service.
STREET
Any street, alley, avenue, lane, public place or highway
in the City.
TAXICAB
A vehicle for hire used by a taxicab business.
TAXICAB BUSINESS
A business offered to the public to transport passengers
and/or passengers and their property for a charge or fee primarily
upon the distance or mileage utilized while transporting the passenger.
TRANSPORTATION NETWORK COMPANY ("TNC")
A corporation, partnership, sole proprietorship or other
entity that is licensed under Sections 387.700 to 387.734, RSMo.,
that uses a digital network to connect TNC riders to TNC drivers who
provide prearranged rides. A TNC shall not be deemed to own, control,
direct, operate, or manage the TNC vehicles or TNC drivers that connect
to its digital network, except where agreed to by written contract,
and is not a taxicab association or a for-hire vehicle owner.
TRANSPORTATION NETWORK COMPANY (TNC) DRIVER
An individual who operates a motor vehicle who:
1.
Receives connections to potential riders from a TNC in exchange
for payment of a fee to the TNC; and
2.
Uses a TNC vehicle to offer or provide a prearranged ride to
riders upon connection through a digital network controlled by a TNC
in return for compensation.
VEHICLE FOR HIRE
The service or business of transporting persons and/or persons
and their property for consideration, including a taxicab business,
car service, and other similar services but excluding limousines,
courtesy cars, and motor buses. For these purposes, vehicles for hire
shall not include school buses, medical assistance vehicles or other
government-funded transportation assistance vehicles.
[Ord. No. 8052, 2-28-2018]
It shall be unlawful for any person, corporation or partnership
to operate a vehicle for hire business, limousine service, motor bus
service or chauffeur agency or drive for said businesses without first
obtaining a permit.
[Ord. No. 8052, 2-28-2018]
All permits issued shall be issued for two (2) years with renewal
applications submitted to the City Clerk no later than January 15
of each even-numbered year.
[Ord. No. 8052, 2-28-2018]
A permit issued pursuant to this Chapter shall not be transferred
or assigned.
[Ord. No. 8052, 2-28-2018]
It shall be unlawful for any vehicle for hire or limousine other
than one (1) operated pursuant to a valid permit to display any markings
suggesting or indicating it is a vehicle for hire. Whenever a vehicle
operated as a vehicle for hire is removed from service, the permit
holder shall remove all marking suggesting it is a vehicle for hire.
[Ord. No. 8052, 2-28-2018]
A. Upon notice and hearing conducted in the manner described in Section
600.250(B) through
(J), the City Council may revoke or suspend any permit issued pursuant to this Chapter, for any of the following reasons:
1.
Failure to conduct the permitted business for a period of sixty
(60) days or longer.
2.
Violation of the Municipal Code of the City of Maryville or
Statutes of the State.
3.
Employment of unlicensed driver or drivers without a State or
City permit.
4.
Operation of vehicles without insurance on file as prescribed
by this Chapter.
5.
Aiding, abetting, or assisting the promotion or advancement
of any illegal activity, affair, or business.
6.
Falsifying or omitting information on any application required
by this Chapter.
7.
The violation of any condition or requirement of its permit.
[Ord. No. 8052, 2-28-2018]
A. Every holder of a permit shall at all times maintain financial responsibility,
as described in Chapter 303, RSMo., for each vehicle for hire.
B. Every holder of a driver's permit shall at all times carry in
the vehicle for hire operated by such permittee proof of financial
responsibility in accordance with Sections 303.024 and 303.160, RSMo.
C. Evidence of insurance coverage as described in Section 303.024, RSMo.,
shall be presented to the City Clerk at the time applicant applies
for a permit. It shall be the responsibility of such permittee to
keep the insurance coverage in full force and effect during the term
of the permit and to present to the City Clerk evidence of any renewal
of such insurance coverage which occurs during the term of such permit.
Such certificate shall provide that thirty (30) days' advance
written notice shall be given to the City in the event of any change
in or cancellation of such insurance.
[Ord. No. 8052, 2-28-2018]
The penalty established by the City Council by the revocation
or suspension of a permit pursuant to this Chapter shall not limit
or affect the authority of any other administrative body or any court
to establish additional, separate penalty or punishment for the same
conduct.
[Ord. No. 8052, 2-28-2018]
Any person who violates any provision of this Chapter or any
Section thereof shall, upon conviction thereof, be punished by a fine
not to exceed five hundred dollars ($500.00) or by imprisonment for
not more than three (3) months, or by both such fine and imprisonment.
A separate offense shall be deemed committed upon each day or part
of a day during on or which any person violates any provision of this
Chapter.