(C0489-16 § 1)
“City”
means the City of Everett.
“Livery vehicle”
means a passenger car, station wagon, van or limousine used for transporting persons and items in their possession for compensation. Livery vehicles need not be marked on their exterior with the livery company name or number. Such vehicle does not operate on a fixed route and is hired by means of a telephone request or contract arranged in advance of the time transportation is needed. The minimum charge for all limousine or livery service in the City of Everett shall be thirty-five ($35.00) dollars for all passenger fares. Eight (8) hours’ advance notice is required on all reservations. Vehicles used solely in connection with transportation for funerals shall not be considered livery vehicles and shall not be subject to the provisions of this article.
“Permit authority”
means the Everett City Council.
“Place of business”
means an office, waiting room or garage from which the business of a livery service is conducted. A garage used solely for the storage or maintenance of livery vehicles which are not regularly operated in the City of Everett shall not be considered a place of business.
“Public place”
means public property or private property to which the public has lawful access.
(C0166-18; C0489-16 § 2)
(a) 
A livery service shall be subject to the provisions of this article if:
(1) 
It maintains a place of business within the City of Everett; and
(2) 
It advertises, in any format or medium, that it provides livery service within the City of Everett.
(b) 
No person or business entity shall, within the City, engage in any conduct which would constitute the business of a livery service without a livery service license issued by the city. The livery company is responsible for conduct and actions of the drivers while operating the vehicles owned by the company.
(c) 
No vehicle shall be utilized by a livery service unless such vehicle:
(1) 
Is properly registered in the City and under Massachusetts law;
(2) 
Is properly insured or bonded under Massachusetts law;
(3) 
Has a valid Massachusetts vehicle inspection sticker;
(4) 
Has been issued a livery vehicle permit by the city; and
(5) 
Displays a livery vehicle permit.
(C0489-16 § 3; amended C0166-18)
(a) 
Application Process.
Each applicant for a livery service license shall make application to the city clerk’s office. Such application form shall contain the application’s identifying information; the proposed location(s) to be used in the operation of the service, including place of garaging; the number and type of vehicles the applicant intends to utilize in the service; a written description of the services to be provided under the license. Each applicant must execute a statement, in writing and under the pains and penalties of perjury, that the applicant owes no back taxes to the Commonwealth of Massachusetts or the City of Everett.
(b) 
Each application must be accompanied by:
(1) 
An application fee as specified in Article XI of this Chapter;
(2) 
CORI request form;
(3) 
Copy of current insurance policy;
(4) 
Copy of current registration for vehicles.
(C0489-16 § 4; amended C0166-18)
(a) 
An application for a new or renewing license for a livery service operating in the city with no more than two (2) livery vehicles may be approved by the city clerk as long as only the standard conditions and restrictions for a livery service license need to be placed on such license.
(b) 
Requests to amend a livery service license may be handled in the same fashion as a new or renewing livery service license unless such modification will cause the criteria allowed for approval by the city clerk to be exceeded.
(c) 
The city clerk shall notify the city council, in writing and in a timely fashion, of all new and amended livery service licenses that he so approves.
(d) 
All applications for new, renewing or amended licenses for livery services operating in the city not approved by the city clerk shall be submitted to the city council.
(e) 
If, in the opinion of the city clerk, after consulting with the city solicitor and/or the president of the city council, if necessary, the holder of any livery service license is not in compliance with any of the conditions placed on their license, the city clerk may, as circumstances dictate:
(1) 
Issue fines in accordance with Section 1-8 of these Revised Ordinances; and/or
(2) 
Suspend such license if there is sufficient evidence to indicate that the public safety would be endangered by the continued operation of the license holder. Such license may only be suspended until a revocation hearing can be held by the city council.
(f) 
Only the city council may, for cause and after a duly advertised hearing, revoke a livery service license.
(g) 
The city council may, within its discretion, limit the number of livery service licenses issued per capita.
(C0489-16 § 5; C0166-18; amended C0255-18)
(a) 
Before the city clerk shall issue a livery service license, the approved petitioner shall pay the required annual fee for such license as specified in Article XI of this Chapter.
(b) 
Livery service licenses shall be issued by the city clerk. Such licenses shall specify:
(1) 
The name of the service;
(2) 
The effective date of the license;
(3) 
The expiration date of the license; and
(4) 
The conditions or restrictions imposed on such license, including:
a. 
The place or places of business;
b. 
Place of garaging;
c. 
Days and hours of service;
d. 
Manner by which fares are to be determined;
e. 
Amount and types of vehicles that may be utilized by the service; and
f. 
Any other specific condition.
(c) 
All livery service licenses shall commence and expire in accordance with the provisions of Article XI of this Chapter.
(d) 
A license shall be nontransferable.
(e) 
A license holder may apply to the city clerk for a modification or amendment of an existing license. Such application shall be submitted upon a standard application form and must be accompanied by a license modification fee as specified in Article XI of this Chapter.
(f) 
Limousine or livery service must be a separate corporation and/or business from any other business(es) or taxicab service(s). Business(es) must maintain a separation of staff and separate telephone lines from all radio taxicab services, and all limousine and livery operators must be separate from taxicab operators.
(C0489-16 § 6)
(a) 
The holder of a license to operate a livery service must, within 24 hours of its occurrence, report, on behalf of his or her livery service, the following to the office of the City Clerk:
(1) 
The suspension or revocation of a motor vehicle registration certificate for any vehicle utilized by the service;
(2) 
The cancellation of the service’s motor vehicle liability insurance policy or bond;
(3) 
Suspension or revocation of the permit holder’s Massachusetts motor vehicle operator’s license, or the suspension or revocation of the permit holder’s license or right to operate in any other state.
(C0489-16 § 7)
(a) 
A license to operate or manage a livery service may be suspended or revoked after notice to the holder of such permit and a hearing before the Committee on Business and Community Development. Suspension or revocation is authorized if, after said hearing before the Committee and based on the findings of the Committee, the City Council determines, according to the standard of a preponderance of the evidence, the license holder:
(1) 
Has knowingly made a false or inaccurate statement on any record or application required by any of the provisions of this article;
(2) 
Is, in any jurisdiction, convicted or subject to a finding of sufficient facts for a finding of guilty in regard to any felony offense;
(3) 
Is, in any jurisdiction, convicted or subject to a finding of guilty in regard to any misdemeanor offense involving: assault; assault and battery; threatening; larceny, fraud; prostitution; gaming; illegal sale or distribution of an alcoholic beverage; or a statute or regulation relative to livery services;
(4) 
Has knowingly permitted the operation of a livery vehicle by a person who is not the holder of a valid license to operate a livery vehicle;
(5) 
Has permitted a vehicle, without a livery vehicle license, to be utilized for the transportation of passengers of a livery service;
(6) 
Has knowingly permitted any livery vehicle to be used in the commission or furtherance of any criminal conduct;
(7) 
Has refused to permit any inspection authorized or required by the provisions of this article;
(8) 
Has failed to prepare, maintain or file any report, record or notice required by the provisions of this article;
(9) 
Has engaged in or permitted any conduct that is prohibited by the provisions of this article.
(C0489-16 § 8; amended C0166-18)
Upon the suspension or revocation of a license to operate or manage a livery service, the city clerk shall give written notice of such suspension or revocation, and the reason therefor, to the livery service by which the suspended or revoked person is employed.
(C0166-18; C0489-16 § 9)
(a) 
During regular business hours, the holder of the license to operate and manage a livery service and/or the operator of a vehicle shall make available, upon demand of a police officer, the city clerk or a member of the city council, all records required to be kept by a livery service. These records must be retained for a period of two years and will include:
(1) 
Registry of Motor Vehicle driver records;
(2) 
Record of accidents;
(3) 
Daily driver logs.
(C0489-16 § 10)
Upon request, fares and/or rates shall be made available at the office of each licensed premises.
(C0489-16 § 11; amended C0166-18)
Each livery vehicle, on a form to be provided by the city clerk and in such manner as to be visible to all passengers, shall display the following notice: THIS VEHICLE IS OWNED BY: (name, address and phone number of the livery service).
(C0489-16 § 13)
Vehicles shall be inspected yearly, and a copy of the inspection furnished with the yearly application. All vehicles will be inspected for all safety items, proper registrations, permits, and licenses. The cost of inspection shall be paid by the limousine or livery service.
(C0166-18; C0255-18; C0489-16 § 14)
(a) 
Application Process.
Each application for a permit to operate a livery vehicle shall be accompanied by:
(1) 
A nonrefundable annual fee as specified in Article XI of this Chapter;
(2) 
A clear photocopy of the applicant’s current active driver’s license;
(3) 
A signed CORI request form; and
(4) 
A signed statement, by the holder of a license to operate a livery service, of intent to hire the applicant.
(b) 
Background Check.
Upon receipt of an application, a background check, CORI shall be conducted of the applicant to determine if the applicant is subject to any of the conditions requiring a denial of the permit.
(c) 
Permit to Operate a Livery Vehicle.
(1) 
No person shall operate a livery vehicle without a valid Massachusetts motor vehicle operator’s license and a permit to operate a livery vehicle issued by the city clerk.
(2) 
The livery company is responsible for conducting periodic inspections of the driver’s Massachusetts motor vehicle operator’s license and permit to operate a livery vehicle and to ensure that drivers have their Massachusetts motor vehicle operator’s license and a permit to operate a livery vehicle in their possession while driving a livery.
(3) 
The holder of a permit to operate a livery vehicle must, within twenty-four (24) hours of its occurrence, report the following to the City Clerk’s office and, at the same time, surrender his or her permit:
a. 
Involvement in any motor vehicle accident, whether on or off duty, which resulted in death, bodily injury or significant property damage;
b. 
Being arrested, cited or charged with operating under the influence of liquor or drugs; motor vehicle homicide; operating in a race or operating in a negligent or reckless manner; any crime against a person; or any felony offense;
c. 
Suspension or revocation of the permit holder’s Massachusetts motor vehicle operator’s license, or the suspension or revocation of the permit holder’s license or right to operate a motor vehicle in any other state.
(d) 
Denial of Permit.
The City Clerk may not issue a permit if the applicant is deemed, after an investigation of all facts, including but not limited to the applicant’s criminal history, motor vehicle driving history and/or character, to be an unsuitable person to possess such a license.
(e) 
Issuance and Display of Permit.
An applicant, who is not subject to any of the conditions requiring a denial of a permit, shall be issued such permit. Such permit must be displayed, in a place visible to any passenger, in a livery vehicle operated by the permit holder.
(f) 
Duration and Validity of Permit.
The term for a permit to operate a livery vehicle shall commence and expire in accordance with the provisions of Article XI of this chapter. Such permit may be used to operate a livery service licensed under the provisions of this article.
(g) 
Suspension or Revocation of Permit.
(1) 
A permit to operate a livery vehicle may be suspended or revoked after notice to the holder of such permit and a hearing before the city council.
(2) 
Suspension or revocation is authorized if the city council determines, according to a standard of the evidence, that the permit holder is deemed, after an investigation of all facts, including but not limited to the applicant’s criminal history, motor vehicle driving history and/or character, to be an unsuitable person to possess such a license.
(h) 
Notice of Suspension or Revocation of Permit.
Upon the suspension or revocation of a permit to operate a livery vehicle, the city council shall give written notice of such suspension or revocation, with the reason therefor, to the holder of the permit to operate or manage a livery service by which the suspended or revoked person is employed.
(i) 
Inspection of License and/or Permit.
The holder of a permit to operate a livery vehicle shall make available, upon demand of any police officer or member of the city council or their designee, their Massachusetts driver’s license and their livery permit. Both of these items are required to be on the person while operating a livery vehicle. The operator of a livery vehicle must permit such officer or member to inspect the vehicle to determine its compliance with the provisions of this article.
(C0489-16 § 15)
(a) 
Notification of Change of Address.
A license holder must give notice of any change of address, by certified mail, written notice of any such change to the City Clerk’s office.
(b) 
This article shall not apply to any nonprofit corporation, charitable corporation or any governmental organization.