Taxis are an integral component of the public transportation
system within Sacramento County. They provide vital and necessary
transportation services to the local and traveling business community,
tourists, the elderly and handicapped, and others. Unethical business
practices, deception of the traveling public, criminal conduct, or
conditions which threaten the safety of passengers would damage the
image of the County, impair tourism and harm the economic development
and well being, deprive the public of vitally necessary transportation,
require the commitment of inordinate financial resources to law enforcement,
and otherwise be detrimental to the health, safety and welfare of
the citizens of this County.
Pursuant to the provisions of Section 5353(g) of the Public
Utilities Code and Section 53075.5 of the Government Code, the purposes
of this chapter are to insure that the taxi industry delivers transportation
services to the public in a lawful, ethical, safe and convenient manner
for the protection and promotion of the health, safety, welfare and
convenience of citizens of this County.
(SCC 578 § 6, 1983; SCC
1048 § 1, 1996)
Unless the provision or the context otherwise requires, the definitions set forth in this section govern the construction of this Chapter 4.14.
a.
"Weights
and Measures" shall mean the County Agricultural Commissioner and
Director of Weights and Measures, or his or her authorized designee.
b.
"Taxicab"
shall mean every motor-propelled vehicle, except sight-seeing and
inter-urban buses, which is designed for carrying not more than eight
persons excluding the driver, which is used solely or mainly for the
transportation of passengers for compensation over the public streets
of the unincorporated area of the County, irrespective of whether
the operations extend beyond the boundaries of the County, and between
such points and over such route as may be directed by the passenger.
c.
"Taximeter"
shall mean and embrace any instrument or device attached to a vehicle
and designed or intended to measure mechanically the distance traveled
by such vehicle, to record the time the vehicle is in waiting, and
to indicate upon such record by figures or designs the fare to be
charged in dollars and cents.
d.
"Taxicab
business" shall mean the practice of owning or possessing an ownership
interest in one or more taxicabs or providing direction, management
or control, for the purpose of providing, assisting in the provision
of, or coordinating the provision of taxicab services to members of
the general public.
(SCC 578 § 6, 1983; SCC
1048 § 2, 1996)
Except as otherwise specifically provided the provisions of Chapters 4.14 and 4.10 of this Title 4 shall not apply to the operation of taxicabs transporting passengers: (i) from a point outside the unincorporated area of the County to a destination within the unincorporated area of the County; or, (ii) en route from a point outside the unincorporated area of the County to a destination outside the unincorporated area of the County.
(SCC 578 § 6, 1983; SCC
1048 § 3, 1996)
Except as provided by Section 4.14.010 of this Chapter 4.14, within the unincorporated area of the County: no person shall operate or conduct a Taxicab Business unless under and by authority of a valid, unexpired, and unrevoked Special Business License authorizing such Taxicab Business issued pursuant to the provisions of Chapters 4.02, 4.10, and 4.14 of this Title 4; and, no person shall operate a taxicab without a valid, unexpired, and unrevoked Employee Permit issued pursuant to the provisions of Chapters 4.02, 4.10, and 4.14 of this Title 4.
(SCC 578 § 6, 1983; SCC
1048 § 4, 1996)
A person who owns or leases as lessee or possesses another ownership
interest in a taxicab and who operates the taxicab, shall be required
to qualify for and obtain an Employee Permit, and, unless the taxicab
is covered by a Special Business License issued to another person,
a Special Business License.
(SCC 578 § 6, 1983; SCC
1048 § 5, 1996)
The term of a Special Business License authorizing a Taxicab Business, and an Employee Permit, shall be as provided in Section 4.02.080 of Chapter 4.02 of this Title 4.
(SCC 578 § 6, 1983; SCC
1048 § 6, 1996)
a.
A taxicab shall be in compliance with applicable equipment standards provisions of the California Vehicle Code or any administrative regulations pertaining to safety issued by the Sheriff pursuant to the provisions of Section 4.02.085 of Chapter 4.02 of this Title 4.
b.
The holder of a Special Business License shall provide to the Sheriff for each taxicab a State of California certificate of compliance or other writing, issued by a State of California certified examiner or examiners, dated not more than twelve months preceding the date of application or renewal of the License, whichever is applicable, and evidencing that the taxicab complies with prevailing lamp and brake equipment standards as provided in paragraph (a) of this section 4.14.030. The certificate shall be maintained within the taxicab and shall be available for inspection upon request by any authorized representative of the County at any time. The Sheriff shall accept (in lieu of a State of California certificate of compliance or other writing, issued by a State of California certified examiner or examiners), a certificate or other writing issued by the City of Sacramento, dated not more than twelve months preceding the date of application or renewal of the Special Business License, whichever is applicable, verifying compliance with any and all vehicle safety standards enforced by the City of Sacramento which are also enforced by the County within the unincorporated area.
c.
It shall be unlawful for the holder of an Employee Permit to operate, and unlawful for the holder of a Special Business License to authorize, direct or otherwise allow operation of a taxicab which is not in compliance with paragraph (a) of this section 4.14.030; or, which is not covered by an unexpired certificate required by paragraph (b) of this section 4.14.030. When in possession and control of a taxicab, it shall be unlawful for the operator to fail to provide, upon request, to an authorized representative of the County an unexpired certificate as required by this paragraph (b) of this section 4.14.030.
d.
The Sheriff shall, in the Sheriff's sole discretion, have the authority to require inspections of taximeters, lamps, brakes, and emission control, or other vehicle equipment, to verify compliance of the taxicab with applicable provisions of the California Vehicle Code, this Chapter 4.14, or any administrative regulation pertaining to safety issued by the Sheriff pursuant to the provisions of Section 4.02.085 of Chapter 4.02 of this Title 4. If it is found that the taxicab or equipment is in such condition that its operation is in violation of the State Vehicle Code, the Sheriff shall, in accordance with Section 24004 of the State Vehicle Code, prohibit the use of such taxicab, and the holder of the Special Business License Permit and the holder of the Employee Permit shall not use such taxicab, until such time as it has been brought into compliance with the State Vehicle Code. Continued use of the vehicle while in such violation of the State Vehicle Code shall be grounds for suspension and revocation of the Special Business License.
(SCC 578 § 6, 1983; SCC
1048 § 7, 1996)
a.
Each taximeter utilized in a taxicab shall at all times be of a type authorized by, comply in relation to accuracy with, and be operated and maintained in compliance with any and all statutes and administrative regulations of the State and any administrative regulations issued by the Sheriff pursuant to the provisions of Section 4.02.085 of Chapter 4.02 and Section 4.14.065 of Chapter 4.14 of this Title 4. Taximeters utilized in a taxicab shall, at any time, be subject to inspection and testing by Weights and Measures to determine compliance with the requirements of this section.
b.
It shall
be unlawful for any person holding an Employee Permit to operate a
taxicab, and unlawful for any person holding a Special Business License
to authorize, direct or otherwise allow operation of a taxicab, containing
a taximeter which is not in compliance with or is utilized in violation
of any and all statutes and administrative regulations of the State
and any administrative regulations issued by the Sheriff.
c.
The
holder of a Special Business License shall provide to the Sheriff
for each taxicab a certificate or other written evidence issued by
Weights and Measures, or issued by a State of California registered
device repairman, indicating that the taximeter has been tested not
more than twelve months preceding the Special Business License application
or renewal date, whichever is applicable, and certifying the accuracy
of the taximeter attached to the taxicab.
(SCC 578 § 6, 1983; SCC
1048 § 8, 1996)
Each person holding a Special Business License shall file with
the Sheriff a written schedule, as prescribed by the Sheriff, showing
all rates and charges to be imposed in connection with services offered
by taxicabs covered by the License. No rate or charge shown on such
a filed schedule shall be increased, and no rate or charge not shown
on such schedule shall be imposed, earlier than the day following
the date upon which a new schedule of rates and charges showing the
increase or additional rate or charge is filed with the Sheriff. No
rate or charge not shown on such schedule shall be imposed. Each change
in a rate or charge shall be the subject of a new schedule which comprehensively
shows all rates and charges, and the filing of supplementary schedules
or amendments to schedules which do not show all rates and charges
shall not constitute compliance with the requirements of this section.
Each person holding a Special Business License or Employee Permit
shall file with the Sheriff, within ten calendar days following the
receipt of written request by the Sheriff, such written explanation
of rates and charges identified in a filed schedule as is requested
by the Sheriff.
It shall be unlawful for any holder of an Employee Permit to
charge or impose, and unlawful for the holder of any Special Business
License to authorize, direct, or otherwise allow the charging or imposition
of, a rate or charge for service in excess of those prescribed by
or of a type which is not shown on a schedule which has been filed
with the Sheriff, and to charge or impose any rate from that schedule
prior to the day after such schedule has been filed with the Sheriff.
(SCC 578 § 6, 1983; SCC
1048 § 9, 1996)
It shall be unlawful for any person holding an Employee Permit
to operate a taxicab, and unlawful for any person holding a Special
Business License to authorize, direct, or otherwise allow operation
of a taxicab, unless there is displayed within the taxicab in a location
which may be viewed by any and all passengers, the following:
a.
A copy
of the valid, unexpired and unrevoked Employee Permit held by the
operator of the taxicab;
b.
A rate schedule identical to the rate schedule filed with the Sheriff pursuant to Section 4.14.040 showing all rates and charges which may lawfully be levied or imposed; and
c.
The
register display of any taximeter which is utilized.
(SCC 578 § 6, 1983; SCC
1048 § 10, 1996)
a.
Each
taxicab shall be equipped with a top light containing light or lights
which are affixed to the roof of the taxicab. The top light shall
be illuminated in non-daylight hours when the taxicab is available
for hire. The word "taxicab", "taxi", "cab", the business name of
the owner, or the words identifying the vehicle as a taxicab shall
be visible on the top light.
b.
Each taxicab covered by a Special Business License shall be painted with a uniform color scheme applicable to all taxicabs covered by the License. All color schemes shall be approved by the Sheriff. A business shall have the exclusive right to the color scheme used by its taxicabs on the effective date of this ordinance amending Chapter 4.14, if such business was then licensed under former Chapter 4.14 of Title 4 enacted by Ordinance No. 578 in 1983.
c.
There
shall be displayed on each exterior side of a taxicab in full view
of prospective customers the following:
1.
The
business name and telephone number of the holder of the Special Business
License for the taxicab, in letters not less than two inches in height
and width; and
2.
A
rate schedule in the following format:
|
First mile:
|
(fee)*
|
|
Additional miles:
|
(fee/mi.)*
|
|
|
* Subject to time clock
|
All letters and numbers in the first two lines of the above format shall be not less than one-and-one-half inches in height and width. The third line of the above format shall be in letters not less than three-quarters of an inch in height and width. In letters not less than one-and-one-half inches in height and width and adjacent to the schedule required above, any additional types of fees to be charged and the amount of such fees, may be stated. The fees shall be identical to the ones filed with the Sheriff pursuant to Section 4.14.040.
(SCC 578 § 6, 1983; SCC
1048 § 11, 1996)
a.
Each taxicab shall be equipped with an operative two-way radio dispatch system approved by the Federal Communications Commission for commercial use; and, an operative taximeter which is in compliance with the requirements of Section 4.14.035.
b.
It shall be unlawful for the holder of any Employee Permit to operate a taxicab, and unlawful for any holder of a Special Business License to authorize, direct, or otherwise allow operation of a taxicab, which does not contain an operative radio dispatch system, and a taximeter, as required above in paragraph (a) of this section 4.14.055.
(SCC 578 § 6, 1983; SCC
1048 § 12, 1996)
It shall be unlawful for any person who holds an Employee Permit
to do, and unlawful for any person who holds a Special Business License
to authorize, direct, or otherwise allow the operator of a taxicab
to do, any of the following:
a.
Transport
a greater number of passengers in a taxicab than the rated seat capacity
of the taxicab;
b.
Fail
to answer all calls received for taxicab services in the order of
receipt of the calls;
c.
Refuse,
upon request, to give a passenger of a taxicab a written receipt showing
the fare due, and the miles and minutes employed;
d.
Drive
passengers of a taxicab via indirect or circuitous routes for the
primary purpose of obtaining higher fares or fees;
e.
Refuse
to provide taxicab service on the basis of the short length of the
prospective ride;
f.
Pick
up additional passengers without the prior consent of any passenger
who is already in the taxicab;
g.
Knowingly
fail to report to the holder of the Special Business License for the
taxicab all property of value left by a passenger in the taxicab within
twenty-four hours of discovery of such property;
h.
Fail
to throw the flag of the taxicab's taximeter to the non-recording
position at the termination of each and every service;
i.
Fail
to call attention of the passenger of a taxicab to the amount registered
on a taximeter at the termination of each and every service; or
j.
Throw
the flag of a taximeter in a recording position when the taxicab is
not actually engaged.
(SCC 578 § 6, 1983; SCC
1048 § 13, 1996)
Pursuant to administrative regulations issued under the provisions of Section 4.02.085, the Sheriff shall be authorized to prohibit specified types and methods of calculating fees or other business practices in connection with the provision of taxicab services, and impose specific duties, obligations or prohibitions in connection with the provision of taxicab services, when the Sheriff determines that such regulations are necessary to protect the public against deceptive, fraudulent, misleading, discriminatory, or other similar detrimental acts or omissions associated with the delivery of taxicab services.
(SCC 578 § 6, 1983; SCC
1048 § 14, 1996)
It shall be the duty and responsibility of each person who holds
a Special Business License to:
a.
Fully advise and inform all operators of taxicabs covered by the License of the provisions of this Chapter 4.14, any and all administrative regulations issued hereunder, and any and all conditions upon which the Special Business License is issued; and,
b.
Direct, control and supervise operators of taxicabs covered by the License for the purpose of identifying, correcting and prohibiting future or repeated violations of the provisions of this Chapter 4.14, any administrative regulations issued hereunder, or any conditions upon which the Special Business License is issued.
(SCC 578 § 6, 1983; SCC
1048 § 15, 1996)
Each person who holds a Special Business License shall during
the entire term of the License:
a.
Maintain
or be associated with an office situated within the geographical boundaries
of the County where some person in charge can be contacted in person
or by telephone weekdays from 8:00 a.m. to 5:00 p.m.;
b.
Maintain
a two-way radio dispatch system approved by the Federal Communications
Commission for commercial use which is in contact with all taxicabs
covered by the License during all times the taxicabs are in service;
c.
Maintain in full force and effect at no cost to the County a comprehensive automobile and general liability insurance policy in an amount no less than $350,000 single limit per occurrence; issued by an admitted insurer or insurers as defined by the California Insurance Code, or an insurer rated A-VII or better by the Best's insurance guide, or an insurer approved by the Sheriff; naming the County, and in their capacities as such its officers, employees and agents as insureds; covering all losses and damages as specified in this paragraph (c) of this section 4.14.075; stipulating that the policy will operate as primary insurance and that no other insurance effected by the County or other named insured will be called on to contribute to a loss covered thereunder; and providing that no cancellation, change in coverage, or expiration by the insurance company or the insured shall occur during the term of the License, without 30 days written notice to the Sheriff from the insurance company prior to the effective date of such cancellation or change in coverage. Such service shall be by registered mail.
d.
Assume
the defense of, and indemnify and hold harmless, the County and in
their capacities as such, its officers, employees and agents from
and against all actions, claims, losses, damages, liability, costs
and expenses of every type and description, including, but not limited
to, attorney's fees, to which any or all of them may be subjected
by reason of, or resulting from, directly or indirectly, in whole
or in part, the acts or omissions of the Licensee or the Licensee's
agents, officers or employees, directly or indirectly arising from
the operation of a taxicab. The foregoing is not intended to and shall
not be construed to limit any responsibility or liability to which
the Licensee may be subjected to under other laws;
e.
In the event of cancellation, expiration, or change in insurance coverage resulting in non-compliance with paragraph (c) of this section 4.14.075, the Licensee shall notify the Sheriff of the cancellation, expiration, or change within three days after its effective date by submitting a written notice to the Sheriff. The giving of notice as provided herein shall not stay the temporary suspension of the Special Business License pursuant to Section 4.14.100 paragraph (d) of this chapter, which suspension shall remain in effect until required insurance is reinstated, or as otherwise provided in Section 4.14.100.
(SCC 578 § 6, 1983; SCC
0770 § 2, 1989; SCC 1048 § 16,
1996)
In addition to the matters prescribed by Section 4.10.030 or 4.10.060, as applicable, an application for a Special Business License, or an application for the renewal of a Special Business License, to engage in the Taxicab Business shall contain the following:
a.
The
name, business address and telephone number of the applicant, and
if the applicant is not a natural person, a copy of the articles of
incorporation, by-laws, partnership agreement or other written instrument
by which the entity is established;
b.
A description
of the manufacturer, model and model year, the vehicle identification
number, the state vehicle license number, and the name and address
of each person who is a registered owner, possessor of a leasehold
interest, and possessor of any other ownership or security interest
in each taxicab to be covered by the License;
c.
The serial number of each taximeter to be utilized in a taxicab, as required by Section 4.14.055 paragraph (a) of this chapter, together with the State vehicle license number of the taxicab to which the taximeter is assigned;
(SCC 578 § 6, 1983; SCC
1048 § 17, 1996)
Upon receipt of an application for a Special Business License, or an application for the renewal of a Special Business License, the Sheriff shall conduct such investigation pursuant to Section 4.10.035 or 4.10.060, of Chapter 4.10 of this Title 4, as applicable, and as deemed necessary. The Sheriff shall issue a Special Business License, or renewal, unless the Sheriff finds pursuant to Sections 4.10.040 or 4.10.060 of Chapter 4.10 of this Title 4, as applicable, or unless the Sheriff finds in writing any of the following:
c.
The license holder or applicant has authorized, directed, or otherwise allowed operation of a taxicab for which the insurance coverage required by Section 4.14.075 is not in effect;
d.
The
applicant or holder of a license has submitted a false declaration
regarding testing for a controlled substance, alcohol, or both, required
by this chapter;
e.
The
applicant or license holder has failed to notify the Sheriff of the
termination of employment of the holder of an Employee Permit within
three days of such termination;
f.
The
applicant or license holder has authorized, directed, or otherwise
allowed a person or employee without a valid Employee Permit to operate
a taxicab;
g.
The applicant or license holder has failed to comply with any condition, requirement, or prohibition of this chapter; or that there exists any basis established by Chapters 4.02, 4.10 or this Chapter 4.14 of this Title 4 for the denial or revocation of a Special Business License application or renewal, as applicable.
(SCC 1048 § 18, 1996)
Each Special Business License shall consist of a certificate
which identifies the name and address of the applicant, the date of
issuance and the date of expiration. Each such License shall have
attached thereto a listing of the state vehicle license number, manufacturer,
model, model year, vehicle identification number, of each taxicab
which the License covers, and the serial number of each taximeter
which the License covers.
During the term of any such License, the holder thereof shall
immediately provide in writing to the Sheriff changes in vehicles
and taximeters to be covered by the License.
(SCC 578 § 6, 1983; SCC
1048 § 19, 1996)
In addition to the matters prescribed by Section 4.10.080, an application for an Employee Permit, or an application for the renewal of an Employee Permit, to operate a taxicab shall contain the following:
a.
The
number of a valid California driver's license issued to the applicant,
and the date of license expiration;
b.
A statement
of whether the applicant's California driver's license has ever been
revoked or suspended, and, if so, the reason or reasons for such revocation
or suspension;
c.
A list
of each criminal conviction of the applicant, whether such conviction
was by verdict, plea of guilty, or plea of nolo contendere. The list
shall, for each such conviction, set forth the date of arrest, the
offense charged, and the offense of which the applicant was convicted;
d.
A list
of the applicant's physical or mental disabilities or incapacities.
With respect to each such disability or incapacity, the applicant
shall state whether the same would interfere with the proper management
and control of a motor vehicle;
e.
A declaration
by a taxicab employer that the applicant is employed by or has an
offer of employment by that employer to operate a taxicab, or a declaration
that the applicant is a self-employed independent driver;
f.
A declaration
by a taxicab employer that the applicant who is employed by or has
an offer of employment with the employer, or by the applicant if the
applicant is a self-employed independent driver, that the applicant
has been tested for controlled substances (and alcohol for permit
renewal) in accordance with Government Code section 53075.5 and the
results thereof are negative;
g.
If the
applicant is a self-employed independent driver, test results from
the controlled substance (and alcohol for permit renewal) test shall
be reported to the Sheriff in accordance with Government Code section
53075.5 and are to be made a part of the application;
h.
The
name of the taxicab business which the applicant is employed by or
has an offer of employment from, or if the applicant is a self-employed
independent driver, the name of the taxicab business the applicant
is doing business as or leases the taxicab vehicle from;
i.
A statement
as to whether the applicant is or ever has been addicted to the use
of alcohol or any controlled substance as defined by the California
Health and Safety Code;
j.
A list
of all prescription medicine which the applicant takes on a regular
or episodic basis;
(SCC 578 § 6, 1983; SCC
1048 § 20, 1996)
Upon receipt of an application for an Employee Permit, or the application for the renewal of an Employee Permit, the Sheriff shall conduct such investigation pursuant to Section 4.10.085 as is deemed necessary. The Sheriff shall issue the Permit or renewal of the Permit pursuant to Section 4.10.090 unless the Sheriff finds in writing grounds to deny as provided in Section 4.10.090 or the Sheriff finds in writing any of the following:
a.
That the application fails to contain information required by the Sheriff or Section 4.14.090, or is otherwise incomplete;
b.
That
the applicant fails to submit or refuses to submit to fingerprinting
or photographing;
c.
That
information contained in the application is false or otherwise inaccurate;
d.
That
the applicant has a physical or mental disability or incapacity; or
takes medication; or uses alcohol or any controlled substance as defined
in the California Health and Safety Code; or has been convicted of
a crime (including forfeiture of bail), and the time for appeal has
elapsed, or which an order granting probation is made suspending the
imposition of sentence, irrespective of the entry of a subsequent
order under California Penal Code Section 1203.4; or has done any
act involving dishonesty, fraud or deceit with intent to substantially
benefit him or herself, or another, or substantially injure another;
and, the Sheriff concludes that by reason of the crime, act, disability,
incapacity, or impairment from a substance consumed, the applicant
would not operate the taxicab in a law abiding manner or in a manner
which does not subject members of the traveling public to risk of
harm or criminal, deceitful or otherwise unethical practices. Notwithstanding
the foregoing, an application for a Permit, or a renewal, shall not
be denied solely on the basis that a person has been convicted of
a felony if the person has obtained a certificate of rehabilitation
under California Penal Code Section 4852.01 et seq.; or, that the
person has been convicted of a misdemeanor, if the person has met
all applicable requirements of the criteria of rehabilitation developed
to evaluate the rehabilitation of a person under California Penal
Code Sections 4852.01, et seq. Conviction of a moving traffic violation
shall constitute grounds for denial of the Permit, or renewal, if
the Sheriff concludes that by reason of such traffic violation conviction
the applicant would not operate the taxicab in a law abiding manner
or in a manner which does not subject members of the traveling public
to risk of harm;
e.
That
the applicant's California driver's license has been revoked or suspended;
f.
That
the applicant is not employed, or has no offer of employment as a
taxicab driver, or is not a selfemployed independent taxicab driver;
g.
That
the applicant has tested positive for controlled substances, (or for
permit renewal, controlled substances and alcohol), in accordance
with Government Code section 53075.5;
h.
That
the applicant refuses or fails to submit to a controlled substance,
alcohol test, or both, as required by Government Code section 53075.5;
or,
(SCC 578 § 6, 1983; SCC
1048 § 21, 1996)
The Employee Permit shall become void upon termination of employment of the holder of an Employee Permit by the holder of a Special Business License. If the holder of the Employee Permit is a self-employed independent operator, the Employee Permit shall become void on the date upon which the holder of the Permit no longer owns, or has a leasehold interest in a taxicab vehicle, or when the taxicab operated by the holder of the Permit is no longer covered by the holder of the Special Business License. A holder of an Employee Permit shall return his or her Employee Permit to the Sheriff within three days after the occurrence of any of the events described above in this paragraph of Section 4.14.097.
The holder of the Special Business License employing the holder
of the Employee Permit, if applicable, shall notify the Sheriff within
three days upon termination of the holder's employment.
(SCC 1048 § 22, 1996)
a.
1.
All applicants for an Employee Permit shall take and pass with negative test results a controlled substance test, and a controlled substance test and an alcohol test upon renewal of the Employee Permit, and as otherwise required, by this Chapter 4.14 or Government Code section 53075.5 as it may be amended or renumbered. The test or tests, as applicable, for an Employee Permit shall be taken no more than thirty days preceding the date the application for the Employee Permit is filed, or the date the application for renewal is filed, or the date the application for the renewal is filed if the Employee Permit was allowed to expire.
2.
When
test results of a self-employed independent applicant or holder of
an Employee Permit are positive for alcohol, a controlled substance,
or both, the Sheriff shall report such results to the taxicab leasing
company, if any, on record with the Sheriff. When test results of
an applicant or holder of an Employee Permit, who is employed by or
has an offer of employment by a taxicab employer, are positive for
alcohol, a controlled substance, or both, the employer shall report
such results to the Sheriff.
3.
Any holder of an Employee Permit whose Employee Permit has been suspended or revoked for positive test results of a controlled substance, alcohol, or both, for a test required by this Chapter 4.14 or Government Code section 53075.5, shall not be reinstated as a driver of a taxicab or as a Permit holder, nor shall a new Permit be issued, until the requirements for rehabilitation and return-to-duty in accordance with Government Code section 53075.5 are satisfied.
b.
The
Sheriff, upon reasonable suspicion to believe that the holder of an
Employee Permit has violated the prohibitions of Government Code section
53075.5 for alcohol, a controlled substance, or both, shall require
the holder of such Permit to take a controlled substance, alcohol
test, or both, in accordance with Government Code Section 53075.5.
Such reasonable suspicion shall be based upon specific, contemporaneous,
articulative observations concerning appearance, behavior, speech
or body odors of the holder. The observations may include indications
of the chronic and withdrawal effects of controlled substances. Alcohol
testing may be required if such observations are made during, just
preceding, or just after the period of the day that the holder is
required to operate the taxicab.
Such reasonable suspicion testing as is required by the Sheriff shall be taken by the holder of the Permit within five days after the Sheriff gives notice of the requirement. Notice shall be given to the holder of the Permit, and to the holder's employer if the holder is not self-employed. Notice shall be deemed effective upon depositing the notice in the United States mail, first class, postage pre-paid, and addressed to the holder of the Permit and the holder's employer, if applicable, at the last address on record with the Sheriff. Notwithstanding the provision of Section 4.10.145 of Chapter 4.10 Title 4 to the contrary, the Sheriff shall temporarily suspend an Employee Permit effective upon the Sheriff making a finding in writing pursuant to this section 4.14.099 paragraph (b) requiring reasonable suspicion testing and the holder of the Permit fails to take the test. The prior 24 hour notice provision of Section 4.10.145, to the holder of the Employee Permit, shall not be required prior to such temporary suspension. The Sheriff shall within 24 hours of the commencement of such temporary suspension serve the notice in the manner and as otherwise required by Section 4.10.145 and shall thereafter permit the holder of the Permit to respond to the Sheriff as required by Section 4.10.145. The temporary suspension shall continue until the holder of the Employee Permit submits to such required testing, or pending expiration of the time for appeal or exhaustion of an appeal pursuant to the commencement of a proceeding for the suspension or revocation of the Permit, whichever occurs first.
(SCC 1048 § 23, 1996)
A Special Business License shall be revoked or suspended pursuant to the grounds set forth in Section 4.10.135 of Chapter 4.10 of Title 4 or upon a finding in writing of one or more of the following grounds:
a.
Upon receipt by the Sheriff of written notice from an insurer of cancellation, expiration or change in insurance coverage resulting in non compliance with Section 4.14.075 paragraph (c), or, upon receipt of notice from the holder of the Special Business License pursuant to section 4.14.075 paragraph (e), whichever occurs first; or, that the holder of a Special Business License has operated a taxicab for which the insurance coverage as required by Section 4.14.075 paragraph (c) of this Chapter 4.14 was not in effect.
Notwithstanding the provision of Section 4.10.145 of Chapter 4.10 of this Title 4 to the contrary, the Sheriff shall temporarily suspend a Special Business License effective upon the Sheriff making a finding pursuant to this section 4.14.100 paragraph (a) in writing. The prior 24 hour notice provision of Section 4.10.145, to the holder of the Special Business License and the place of business thereof, shall not be required prior to such temporary suspension. The Sheriff shall within 24 hours of the commencement of such temporary suspension serve the notice in the manner and as otherwise required by Section 4.10.145 and shall thereafter permit the holder of the License to respond to the Sheriff as required by Section 4.10.145. Such temporary suspension shall continue until the Sheriff receives written notice from an insurer indicating compliance with the requirements of Section 4.14.075 paragraph (c); or, pending expiration of the time for appeal or exhaustion of an appeal pursuant to a proceeding for the suspension or revocation of the License; whichever occurs first;
c.
The holder of a Special Business License has submitted a false declaration regarding controlled substance, alcohol testing, or both, required by this Chapter 4.14;
d.
The holder of a Special Business License has allowed a person, an employee, or holder of an Employee Permit to operate a taxicab knowing that the operator tests positive, as required by Government Code section 53075.5 or this Chapter 4.14, for a controlled substance, alcohol, or both;
e.
The
holder of a Special Business License has allowed a person or an employee
without a valid Employee Permit to operate a taxicab;
f.
The holder of a Special Business License has failed to notify the Sheriff of the termination of an employee holding an Employee Permit pursuant to Section 4.14.097; or,
g.
Any other failure of the holder of a Special Business License to comply with any condition, requirement, or prohibition of this Chapter 4.14 or Chapters 4.02 or 4.10 of this Title 4; or, a finding of grounds for denial of the License, or the denial of a renewal, pursuant to Section 4.10.100 of Chapter 4.10, of this Title 4; or, a finding made pursuant to Section 4.14.082 of this Chapter 4.14.
(SCC 578 § 6, 1983; SCC
1048 § 24, 1996)
An Employee Permit shall be revoked or suspended pursuant to Section 4.10.140 upon any of the following findings in writing:
b.
The
holder of the Employee Permit has misrepresented a material fact contained
in the application for the Permit, or renewal;
c.
That since issuance of the Permit, or renewal, the Sheriff has acquired information supporting a finding prescribed by paragraph (d) of Section 4.14.095 in relation to the holder of the Employee Permit;
d.
That
the holder of the Employee Permit operated a taxicab with an invalid,
suspended or revoked California driver's license;
e.
That
the holder of the Employee Permit has tested positive for any controlled
substance, or alcohol, or both, pursuant to a test taken in accordance
with Government Code Section 53075.5;
f.
That
the holder of the Employee Permit, or his or her employer, has submitted
a false declaration regarding testing for a controlled substance,
or alcohol, or both, pursuant to a test required by Government Code
Section 53705.5;
g.
The
holder of the Employee Permit has operated a taxicab in an unsafe
manner with regards to the safety and welfare of passengers, pedestrians,
other drivers, or property. Factors to be considered in reaching this
finding are that the holder of the Employee Permit has suffered a
conviction of one or more moving violations of the California Vehicle
Code, or, by conduct which has placed any passenger, motorist, pedestrian,
or property at unreasonable or unnecessary risk for physical harm,
damage to property, or deceitful or fraudulent practices;
h.
That the holder of the Employee Permit refuses or fails to submit to testing for a controlled substance, alcohol, or both, as required by Government Code Section 53075.5 or this Chapter 4.14; or
(SCC 1048 § 25, 1996)
Notwithstanding the provisions of Sections 4.14.090 and 4.14.099 of this Chapter 4.14 to the contrary, after the adoption of this ordinance by the Board of Supervisors and after the effective date of such ordinance, all holders of a valid, unexpired, unrevoked, and unsuspended Employee Permit who are independent and selfemployed drivers, and all employers that employ holders of an Employee Permit, shall have three months within which to accomplish testing of the holder of an Employee Permit pursuant to the requirements of Government Code Section 53075.5. If the Permit was granted on an original application the test shall be for controlled substances; if the Permit is a renewal, the test shall be for controlled substances and alcohol. The documentation of testing shall be provided the Sheriff as is required by Section 4.14.090(f) or (g) of this Chapter 4.14, as applicable. Failure to comply with the required testing and provide the Sheriff with the required documentation within such period of time, shall be grounds for suspension or revocation of the Employee Permit, Special Business License, or both, as applicable.
(SCC 1048 § 26, 1996)
