The following terms and phrases whenever used in this chapter
shall have the following meanings.
“Bus”
means every privately owned vehicle having a seating capacity
of more than eight passengers, excluding the driver, and operating
over the streets of South San Francisco on a regularly defined route,
the service of which is rendered solely within the corporate limits
of the city, and having a fixed fare.
“Council”
means the city council of the city.
“Driver”
means every person in charge of, or operating, any taxicab,
bus or rent car, as herein defined, either as agent, employee or otherwise
under the direction of the owner, or as owner, as herein defined.
“Owner”
means every individual, group of individuals, partnership,
limited partnership, joint venture, firm, corporation or any other
organizational structure having use or control of any taxicab, bus
or rent car, as herein defined, whether as owner, lessee or otherwise.
“Rent car”
means every vehicle, excluding taxicabs, used for the transportation
of passengers for hire over the public streets of the city and not
over a defined route, for which a fee is charged and the service of
which is rendered wholly within the corporate limits of the city,
and such vehicle is routed as to destination under the direction of
such passenger or passengers, or of such person hiring the same.
“Stand location”
means a portion of a street designated by either the city
council or the chief of police for the use, while awaiting employment,
of any vehicle for hire as herein defined.
“Street”
means any place commonly used for the purpose of vehicular
public travel.
“Taxicab”
means every vehicle with a seating capacity of eight or fewer
persons, excluding the driver, operated at rates per mile, or for
wait-time, or for both, used for the transportation of passengers
for hire over the public streets of the city, and not over a defined
route and irrespective of whether the operations extend beyond the
boundary limits of the city, and such vehicle is routed as to destination
under the direction of such passenger or passengers, or of such persons
hiring the same.
“Taximeter”
means any mechanical instrument, appliance, device or machine
by which the charge for hire of a passenger-carrying vehicle is mechanically
calculated, either for distance traveled or time consumed, or both,
and upon the instrument, appliance, device or machine such charge
is indicated by figures.
“Vehicle”
means a vehicle as defined in Section 670 of the California
Vehicle Code and includes the term “motor vehicle” as
defined in Section 415 therein.
(Ord. 1421 § 1, 2010)
(a) It is unlawful to operate any taxicab, bus, or rent car in the city unless the owner thereof applies for and obtains a Certificate of convenience and necessity authorizing such activity (hereinafter “Certificate”), which Certificate shall be applied for, granted, and in effect, all in compliance with the provisions of this chapter and Title
20.
(b) The
burden of proof shall be upon the applicant to establish by clear
and convincing evidence the existence of public convenience and necessity
for the operation of the taxicab or taxicabs specified in any application.
Further, the establishment of any facts necessary to grant the Certificate
shall also be the burden of the applicant to establish.
(c) No
Certificate shall be issued until a standard, distinctive and uniform
color scheme, name, monogram and/or insignia has been adopted by the
applicant and approved by the city council.
(d) After
the service for which a Certificate is granted hereunder is discontinued,
or if the owner sells or discontinues his, her or its business for
a period of forty-five days or longer, the Certificates granted hereunder
shall be automatically cancelled and shall be reissued only in accordance
with the provisions of this chapter.
(Ord. 1421 § 1, 2010; Ord. 1467 § 1, 2013)
(a) The
application for such Certificate shall be in writing, on a form approved
by the city, duly certified under oath, and it, together with two
copies thereof, shall be filed first with the police department for
its investigation and report. The police department shall forward
an advance copy to the planning division, and shall transmit the original
to the city clerk, who shall file the same.
(b) Each
application shall include, at a minimum, the following information:
(1) A full identification of the applicant and all persons to be directly
or indirectly interested in the business, if authorized;
(2) The residence and business address and the citizenship of the applicant,
including all members of any firm or partnership, or all officers
and directors of any corporation applying;
(3) The exact nature of the proposed business for which the Certificate
is requested, and the name under which it is to be operated;
(4) Whether or not any similar Certificate held by the applicant(s) has
been revoked, and if so, the circumstances of such revocation;
(5) The number of vehicles proposed to be operated;
(6) The complete description of the vehicles proposed to be operated
(including VIN) and the proposed operations;
(7) Proof of ability to respond in damages as required by Section
6.72.090;
(8) The color scheme and characteristic insignia to be used to designate
the vehicles of the owner;
(9) A receipt from the finance director which certifies that the applicant
has paid the fees required by this code, if any, and a nonrefundable
processing fee as set forth in the master fee schedule for the city
adopted by resolution of the council. The latter processing fee shall
be used solely to defray the costs of the police and planning departments’
investigation and report required herein.
(10) A statement (and any relevant supporting documentation) demonstrating how the public convenience and necessity will be met by issuance of the requested Certificate. The statement should, at a minimum, include sufficient information to provide justification to those items that the city will investigate pursuant to Section
6.72.050.
(c) An
application will not be deemed complete until the police department
has received an application complying with all requirements of this
section. Once the police department has received a complete application,
the police department will notify the applicant in writing that the
application has been deemed complete and the subsequent investigation
will commence.
(Ord. 1421 § 1, 2010; Ord. 1467 § 1, 2013)
(a) Upon receipt of the complete application for a Certificate, as required by Section
6.72.040(c), the planning division shall conduct an investigation into the following:
(1) Whether or not the business for which application is made conforms
in all respects to the requirements of the general plan and any applicable
specific plan and Title 20 of this code;
(2) The demand of the public for the services to be rendered by the applicant;
(3) The adequacy of existing mass transportation and taxicab services
in the city;
(4) Whether existing agencies will furnish additional service if granted
the right;
(5) The effect such additional taxicab service may have upon traffic
congestion and parking.
A report of the results of the investigation shall be forwarded
to the council within sixty days from the date of receipt of a complete
application for consideration in deciding whether or not to issue
a Certificate.
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(b) Upon
receipt of a copy of the complete application for a Certificate, the
chief of police or designee shall investigate the following:
(1) The financial responsibility of the applicant;
(2) The experience of the applicant in operating businesses similar to
the one for which application is made;
(3) The character of the applicant and any person with a direct or indirect
interest in the business.
(c) If
the chief of police ascertains that the applicant or any person with
a direct or indirect interest in the business has a criminal record,
or has falsified the application, it shall be the duty of the chief
of police to report such matters at the earliest possible date to
the council with his or her recommendation regarding issuance or denial
of the Certificate.
(d) The
chief of police shall report to the council regarding the results
of the investigation conducted pursuant to this section, within sixty
days from the date of receipt of a complete application, and shall
include in his or her report a recommendation to deny or approve the
said Certificate and the specific reasons for that recommendation.
Said report shall be considered by the council in reaching a decision
to issue or not to issue a Certificate.
(Ord. 1421 § 1, 2010; Ord. 1467 § 1, 2013)
(a) The
council shall approve, conditionally approve or deny owners’
applications by resolution and shall deny any such application, if
in its sole discretion, it determines any of the following:
(1) The proposed operation will be undesirable or inadequate to the city’s
needs;
(2) The public convenience and necessity do not require the proposed
service;
(3) The vehicle(s) proposed to be operated is/are inadequate or unsafe;
(4) The applicant has been convicted of a felony or the violation of
a narcotic law or of any penal law involving moral turpitude, or has
had a similar Certificate revoked in any city, county or state for
just cause;
(5) The proposed color scheme or characteristic insignia will tend to
confuse the identification of the vehicles proposed to be operated
with those of another owner operating in the city;
(6) The owner is not in compliance with the provisions of Section
6.72.090 herein.
(b) The
council may, by resolution, and after ten days’ written notice
to an owner, suspend or revoke a Certificate for any of the grounds
for which it may deny an application and, in addition thereto, it
may suspend or revoke any Certificate for a violation of any of the
provisions of this chapter, or for a failure to pay any fees or business
license tax due or judgment for damages arising from the operation
of the vehicles, or any of them, for which the certificate was issued.
(c) The
council may at any time, and after a public hearing, by resolution,
determine that the number of Certificates for taxicabs, buses or rent
cars, should be reduced or increased and provide for such reduction
or increase.
(Ord. 1421 § 1, 2010; Ord. 1467 § 1, 2013)
(a) Upon
the council’s approval or conditional approval of an owner’s
application for a Certificate, the owner shall inform the chief planner
of the location at which the business is proposed to be operated.
If the chief planner determines that a use permit or other land use
approval is required for the business to operate at said location,
no Certificate shall be issued unless and until such land use approvals
have been obtained by the owner.
(b) Prior to the issuance of a Certificate, business license fees shall be paid in accordance with the applicable provisions of Chapters
6.04 through
6.16.
(Ord. 1421 § 1, 2010; Ord. 1467 § 1, 2013)
(a) Any
owner holding a Certificate to operate one or more taxicabs, buses
or rent cars as provided in this chapter, who desires to add to the
number of such vehicles shall do so only upon obtaining from the council
permission therefor, which shall be granted only upon application
made and processed in the same manner as required in this chapter
to obtain the original Certificate.
(b) Any
owner holding a Certificate to operate one or more taxicabs, buses
or rent cars, as provided in this chapter, who desires to substitute
a different vehicle for a vehicle operated under such Certificate,
may do so upon obtaining permission from the police chief, which permission
shall not unreasonably be with-held.
(Ord. 1421 § 1, 2010; Ord. 1467 § 1, 2013)
It is unlawful to drive or operate, or cause or permit to be
driven or operated, any taxicab, bus or rent car in the city, unless
the owner thereof has obtained and maintains, ability to respond in
damages resulting from the ownership or operation of the vehicle as
required by
Vehicle Code Section 16500 and following, as amended from
time to time, or successor legislation and regulations lawfully adopted
pursuant thereto.
(Ord. 1421 § 1, 2010)
It is unlawful to drive or operate any taxicab in the city unless
the owner possesses current, valid commercial general liability and
vehicle liability in amounts and with conditions acceptable to the
city and evidenced through certificates of insurance filed with the
city clerk. The owner’s insurance shall remain in full force,
at a level be at least equal to the minimum requirements of the city,
or the owner’s permit shall be automatically suspended until
such time as full compliance with the requirements of this section
are demonstrated to the city’s satisfaction.
(Ord. 1421 § 1, 2010)
Pursuant to California
Government Code Section 53075.9, every
taxicab transportation service shall include the number of its certificate,
license, or permit in every written or oral advertisement of the services
it offers.
For purposes of this subdivision, “advertisement” includes, but is not limited to, the issuance of any card, sign, or device to any person, the causing, permitting, or allowing the placement of any sign or marking on or in any building or structure, or in any media form, including newspaper, magazine, radiowave, satellite signal, or any electronic transmission, or in any directory soliciting taxicab transportation services subject to this chapter. A violation of this section triggers the fine set forth in Section
6.72.400 of this code.
(Ord. 1421 § 1, 2010)
It is unlawful for any person to operate a vehicle for hire
in the city unless he or she first possesses a valid driver’s
permit to do so as provided herein.
(Ord. 1421 § 1, 2010)
Upon receipt of an application for a driver’s permit the
chief of police shall conduct an investigation of the applicant, and
on the basis of such investigation, shall either approve or deny the
permit application. No permit shall be issued to any of the following
persons:
(a) Any
person under the age of twenty-one years;
(b) Any
person with physical or mental infirmities or deficiencies, or addiction
to the use of alcohol or any controlled substance, which, in the sound
discretion of the chief of police, might render such applicant unfit
to safely operate a taxicab, bus or rent car;
(c) Any
person convicted of hit-and-run driving, reckless driving, driving
a vehicle while under the influence of intoxicating liquor and/or
any drug within two years of the application, or any person found
guilty of or been convicted of four or more moving traffic violations
within two years of the date of application;
(d) Any
person not possessing a valid state of California driver’s license
of the class required by state law for the operation of a taxicab;
(e) Any
person with a permit application containing fraudulent or misleading
statements or omissions of facts;
(f) Any
person who is not able to demonstrate either proficient knowledge
of the traffic laws of the state of California and the city, or of
the streets of the city, or the ability to read, understand, and communicate
in English;
(g) Any
person who is not qualified or able to safely operate a taxicab in
accordance with the laws of the state of California and the requirements
of this chapter.
The restrictions in this section shall apply both to persons
seeking driver’s permits and to persons possessing permits and
seeking renewal of such permits.
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Any applicant may contest denial through the process set forth in Section 6.72.390 of this code.
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(Ord. 1421 § 1, 2010)
Driver’s permits issued under this chapter shall be issued
for a period not exceeding two years. Driver’s permits are also
void upon termination of taxicab driver’s employment with the
owner listed on the permit. Each driver shall return the permit to
the chief of police upon such termination. The owner shall notify
the chief of police within ten days whenever a driver’s employment
is terminated.
Upon expiration of the driver’s permit, the driver shall reapply with updated information, as required in Section
6.72.130.
(Ord. 1421 § 1, 2010)
All charges for transportation of passengers in taxicabs operated
in the city must be based on the charges indicated on the taximeters
and it is unlawful for any owner, driver or operator of any taxicab
to charge any passenger or passengers any sum in excess of the sum
indicated on the taximeter.
(Ord. 1421 § 1, 2010)
The taximeter shall be so placed in the taxicab that the reading
dial showing the amount to be charged shall be well lighted and readily
discernible by the passenger(s) riding in such taxicab.
(Ord. 1421 § 1, 2010)
There shall be displayed in the passenger compartment of each
taxicab and rent car, in full view of the passenger, a card not less
than two inches by four inches in size which shall have plainly printed
thereon the name of the owner, or the fictitious name under which
the owner operates, the business address and telephone number of the
owner, and a correct schedule of the rates to be charged for conveyance
in the vehicle.
(Ord. 1421 § 1, 2010)
The rates fixed or charged or collected by the owner or driver
of any taxicab, except for trips to or from points outside of the
city where the charge is fixed on a trip basis, shall be established
by resolution of the council and may be revised from time to time.
(Ord. 1421 § 1, 2010)
The chief of police, or any member of the police department
under his or her direction, shall have the right, at any time after
displaying proper identification, to enter into or upon any vehicle
for hire for the purpose of ascertaining whether or not any of the
provisions of this chapter are being violated. During the inspection,
the driver must produce for inspection the following records: (1)
a valid California vehicle registration; (2) valid proof of insurance
documents; and (3) a valid California driver’s license.
(Ord. 1421 § 1, 2010)
Any vehicle for hire which is found, after any such inspection,
to be unsafe, or in any way unsuitable for taxicab, bus or rent car
service shall be immediately ordered out of service, and before again
being placed in service, shall be placed in a safe and proper working
condition.
(Ord. 1421 § 1, 2010)
The interior of every vehicle for hire shall be thoroughly cleaned
at least once in every twenty-four hours, and all property of value
left in any such vehicle by a passenger shall immediately be reported
by the owner thereof to the chief of police.
(Ord. 1421 § 1, 2010)
Any driver employed to transport passengers to a definite point
shall take the most direct route possible that will carry the passenger
to his or her destination safely and expeditiously.
(Ord. 1421 § 1, 2010)
Every driver shall, if requested, give a correct receipt upon
payment of a fare.
(Ord. 1421 § 1, 2010)
The rates fixed or charged or collected by the owner or driver
of any taxicab except for trips to or from points outside of the city,
where the charge is fixed on a trip basis, shall be determined by
the council and shall not exceed that rate without prior approval
of the council.
(Ord. 1421 § 1, 2010)
No driver of any vehicle for hire shall accept, take into his
or her vehicle or transport any larger number of passengers than the
rated seating capacity of his or her vehicle.
(Ord. 1421 § 1, 2010)
An owner, operator or driver may bring an appeal regarding a
decision of a hearing officer to the council by filing a notice of
appeal with the city clerk within fifteen days of the serving or mailing
of the hearing officer determination and order. The findings of the
council shall be conclusive and served upon the owner, operator or
driver as the notice of hearing was served.
(Ord. 1421 § 1, 2010)