No person shall operate any taxicab within the City without
the owner first having obtained a certificate of public convenience
and necessity from the Council of the City.
(Prior code § 10-046.1)
All persons applying to the Council for a certificate for the
operation of one or more taxicabs shall file with the Council a sworn
application therefor on forms provided by the City Manager stating
as follows:
A. The
name and address of the owner, person applying and all persons financially
interested in the operation of said taxicabs.
B. The
number of vehicles actually owned and the number of vehicles actually
operated by such owner on the date of application, if any.
C. The
make, type, year of manufacture and passenger seating capacity of
each taxicab.
D. The
make and type of taximeter intended to be installed on each taxicab.
E. A description
of the proposed color scheme, insignia, trade style and/or other distinguishing
characteristic of the proposed taxicab design.
F. A guarantee
in such form as may be required by the City Council that the owner
will operate in such a manner that its taxicab service will be available
to the public seven days per week and 24 hours per day.
G. Such
other information as the Council or the City Manager may require.
(Prior code § 10-046.2)
No certificate shall be granted until the Council shall, after
public hearing, declare by resolution that there is a demand for additional
taxicab service, that the present taxicab service is inadequate and
that the public convenience and necessity require the proposed taxicab
service.
(Prior code § 10-046.3)
Having declared there is a demand for additional taxicab service
and that the present taxicab service is inadequate and that the public
convenience and necessity require the taxicab service, the Council
shall grant certificates of public convenience and necessity to those
persons applying therefor who in its opinion are entitled thereto,
provided, however, that a certificate of public convenience and necessity
shall not be granted to any person who will not have in service at
all times in accordance with the provisions of this chapter, a minimum
of five taxicabs.
(Prior code § 10-046.4)
No certificate shall be issued to any person who shall not have
fully complied with all of the requirements hereof necessary to be
complied with before commencing operation of the proposed service.
(Prior code § 10-046.5)
After the service for which a certificate is granted there under
is discontinued or if the person sells his or her business or discontinues
his or her or its business for a period of 45 days, the certificate
granted hereunder shall be automatically canceled and shall be reissued
only in accordance with the provisions hereof. Certificates granted
hereunder shall not be transferable.
(Prior code § 10-046.6)
Certificates may be suspended or revoked by the Council at any
time in case:
A. The
Council finds the owner's past record to be unsatisfactory.
B. The
owner fails to operate the taxicab or taxicabs in accordance with
the provisions hereof.
C. The
owner shall cease to operate any taxicab for a period of 45 consecutive
days without having obtained permission for cessation of such operation
from the City Manager.
D. The
taxicab or taxicabs are operated at a rate of fare other than that
approved by the Council.
E. The
owner fails without good cause to have in service a minimum of five
taxicabs at all times in accordance with the provisions of this chapter.
(Prior code § 10-046.7)
Revocation of a certificate of public convenience and necessity
shall be made only after a hearing granted to the holder of such certificate
before the Council, after 10 days' notice to said certificate holder,
setting forth the grounds for revocation or suspension and setting
a time and place where such hearing will be held. The decision of
the Council in revoking or suspending the certificate shall be final
and conclusive.
(Prior code § 10-046.8)
Certificates which shall have been suspended or revoked by the
Council shall forthwith be surrendered to the Clerk of the City Council
and the operation of any taxicab or taxicabs covered by such certificates
shall cease and be unlawful.
(Prior code § 10-046.9)