(a) 
It shall be unlawful to operate a taxicab in the city except under authority of a franchise for taxicab service granted by the city.
(b) 
It shall be an affirmative defense to prosecution pursuant to this section that the vehicle alleged to be a taxicab:
(1) 
Operates only on the basis of appointments that are pre-arranged at least one hour before the time transportation is to begin;
(2) 
Is used exclusively for medical transport;
(3) 
Is used exclusively to take passengers to or from a single facility pursuant to a long-term contract with the owner of said facility;
(4) 
Is a bus with a capacity for nine or more passengers; or
(5) 
Is a vehicle used solely for passengers who do not pay for the cost of each trip.
(Ordinance 46-2016, sec. 1, adopted 11/1/16)
(a) 
To apply for a franchise, an applicant must have a representative who is:
(1) 
At least 18 years of age;
(2) 
Currently authorized to work full-time in the United States; and
(3) 
Able to communicate in the English language.
(b) 
The city shall not issue a franchise to an applicant if, as it applies to the applicant:
(1) 
One or more of the following entities has been convicted of a felony or crime of moral turpitude and five years has not elapsed since the conviction and completion of any sentences, parole, or probation that resulted from the conviction:
a. 
The applicant;
b. 
Any of the applicant’s owners or officers;
c. 
Any of the applicant’s partners, if the applicant is a partnership;
d. 
Any of the applicant’s managers or members who have authority to make decisions on behalf of the entire company, if the applicant is a limited liability company;
e. 
Any of the applicant’s directors, if the applicant is a corporation or other entity with directors;
f. 
Any of the applicant’s trustees, if the applicant is a trust; or
g. 
Any owner of all or part of a primary facility or any taxicab utilized by the applicant.
For purposes of this subsection (b)(1), a person shall be considered convicted if they entered into a deferred adjudication or otherwise entered a plea of guilty or no contest.
(2) 
One or more of the following entities owes delinquent fees or taxes to the city:
a. 
The applicant;
b. 
Any of the applicant’s owners or officers;
c. 
Any of the applicant’s partners, if the applicant is a partnership;
d. 
Any of the applicant’s managers or members who have authority to make decisions on behalf of the entire company, if the applicant is a limited liability company;
e. 
Any of the applicant’s directors, if the applicant is a corporation or other entity with directors;
f. 
Any of the applicant’s trustees, if the applicant is a trust; or
g. 
Any owner of all or part of a primary facility or any taxicab utilized by the applicant.
This subsection (b)(2) shall not apply to the extent the city is prohibited by state or federal law from considering the debt in authorizing a permit or other governmental benefit.
(Ordinance 46-2016, sec. 1, adopted 11/1/16)
(a) 
Every entity proposing to operate a taxicab service in the city shall make application, in writing, in the form promulgated by the director, requesting that the city grant it a franchise certificate to operate a taxicab service under this article. The application shall be filed with the director, setting forth full and complete information on the following matters:
(1) 
The name of the applicant and all other identifying information required by the director.
(2) 
The number of vehicles and a general description of the vehicles the applicant proposes to use in the operation of the taxicab service; a description of the operations of the proposed taxicab service; and location of the primary facility and other fixed facilities to be used in the operation of the taxicab service.
(3) 
A description of the proposed insignia and color scheme for the applicant’s taxicab and description of any distinctive items of apparel to be worn by the applicant’s taxicab drivers.
(4) 
The person signing the application shall indicate his position with the company as individual owner, partner or corporate officer authorized to sign the document.
(Ordinance 46-2016, sec. 1, adopted 11/1/16)
(a) 
The director shall review the application and conduct such investigation as he deems appropriate.
(b) 
If the director finds that the requirements of this article have been complied with, he shall grant the franchise by ordinance. Once granted, the franchise shall remain in effect for a period of five years from the date granted or such lesser time as determined by the director.
(Ordinance 46-2016, sec. 1, adopted 11/1/16)
A franchise issued pursuant to this division may not be transferred to another unless the proposed transferee and new transferor file a written application for the transfer with the director, and the transfer application is approved by the director upon a satisfactory criminal background check of new owner.
(Ordinance 46-2016, sec. 1, adopted 11/1/16)
(a) 
A taxicab franchise is revocable by the director after written notification to the franchise holder and a hearing before the director in which the director finds that such franchise holder is in violation of this article or other laws and the violation warrants revocation. After revocation of a franchise certificate, a franchise holder is not eligible for a franchise certificate for a period of two years.
(b) 
A person whose application for renewal, amendment, or supplemental vehicles is denied, or whose operating authority is revoked or suspended may appeal, in writing, to the city manager or his designee not later than the 30th business day after notice of the denial, suspension or revocation is mailed to the applicant.
(c) 
The city manager shall issue a decision on the appeal not later than the 30th day after receipt of the written appeal.
(d) 
A person whose application for renewal or amendment is denied, or whose operating authority is revoked or suspended may not operate a ground transportation service during the pendency of an appeal.
(Ordinance 46-2016, sec. 1, adopted 11/1/16)
The franchise holder shall pay an annual franchise fee to the director. Such fee must be paid at the time of the issuance of the franchise and on or before the first business day of each year thereafter.
(Ordinance 46-2016, sec. 1, adopted 11/1/16)