The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Antique vehicle
means any passenger vehicle which is at least 35 years old.
Driver or chauffeur
means every person who actually drives or manipulates a vehicle used as a limousine, whether as owner or agent, or employee of an owner.
Late model luxury vehicle
means a full size model of a commonly recognized manufacturer of luxury automobiles, including, but not limited to, such manufacturers as Cadillac, Lincoln, Mercedes and Rolls Royce, which vehicle shall not be more than five years old unless permission for use is granted by the city council.
Limousine
means any unmetered late model luxury vehicle or antique vehicle with a seating capacity for a minimum of four passengers and which vehicle is used for the transportation of passengers for hire exclusively chartered for a minimum of one hour per trip carrying such charter passengers to and from designated points within the corporate limits of the city. The term "limousine" does not include vehicles rented without drivers, taxicabs, touring vehicles, publicly franchised buses, or vehicles owned and operated by motels, hotels or other businesses for the transporting of their guests or employees free of charge. A limousine shall not have a stoop light or taxi meter, or in any way represent itself as a taxicab or be marked or operated in such a way as will cause it to be confused with a taxicab.
Owner or operator
means any person who has the control, direction, maintenance or the benefit of the collection of revenue derived from the operation of a limousine on or over the streets of the city, whether as owner or otherwise, provided that the term "driver," as defined in this section, shall not be included in this definition.
(Code 1975, § 22½-31)
It shall be unlawful for any person to rent, hire or operate a limousine upon the streets in the corporate limits of the city unless the provisions of this article have first been complied with, and said person has obtained a valid city limousine service permit for each vehicle and registered each driver employed by or working in service to said limousine service.
(Code 1975, § 22½-32)
(a) 
Limousine service and vehicle permits generally.
Every person desiring to engage in the business of operating any limousine service shall make application, in writing, to the city secretary on a form provided for that purpose, for a permit to engage in the business specified. Such application shall contain the name, address and telephone number of the true owner of the business and the state license number, types and seating capacity of every vehicle to be operated and such other information as the city manager deems necessary. Any change of the state license number of any permitted vehicle shall be reported to the city secretary immediately. A permit fee as established in Appendix A for each vehicle for which a permit is requested shall accompany the application.
(b) 
Registration of chauffeur generally.
It shall be unlawful for any person to drive any limousine engaged in the business of transporting passengers upon or over any street within the corporate limits of the city, without first being registered with the city as a chauffeur employed by the limousine service. Each driver shall register with the city secretary and pay a fee as established in Appendix A to the city. Such registration shall be valid for 12 months and shall be accompanied by the following information:
(1) 
Verification that applicant possesses a valid state operator's license with appropriate endorsements if applicable.
(2) 
The full name of the person or owner for whom the applicant proposes to be employed.
(3) 
The length of residence of the applicant in the city and the state, and whether he is a citizen of the United States.
(4) 
The experience, if any, the applicant has had as a driver of a motor vehicle.
(c) 
Issuance of limousine service and vehicle permits.
(1) 
No permit to operate a limousine or limousine service shall be issued as hereinafter provided until the city manager or his designee has made a favorable determination on the application of whether the public convenience and necessity is served by the issuance of said permit.
(2) 
The city secretary or as otherwise designated by the city manager shall determine whether or not the applicant appears to meet the requirements of this article. If the applicant appears to have complied with all the requirements of this article, the city secretary shall forward a favorable recommendation to the city manager to grant a permit.
(3) 
If the applicant is denied a limousine service permit, the applicant shall have the right to appeal to the city council within ten days of the date of such refusal, which shall be effected by delivering a letter to the city secretary requesting an appeal of the city manager's decision. The city council shall hold a public hearing thereon within 30 days after receiving the request, and, after the hearing, sustain or reverse the decision of the city manager. If no appeal is made within ten days of the city manager's denial of said application, then the decision of the city manager is final.
(4) 
In determining whether or not the public convenience and necessity will be served, the following factors may be considered:
a. 
The need or demand for such service;
b. 
The financial history and condition of the applicant;
c. 
The number, kind, age and type of equipment and the color scheme to be used by the applicant;
d. 
The probable effect of increased service on local traffic conditions;
e. 
Whether the safe use of the streets of the city by the public, both vehicular and pedestrian, will be endangered by the granting of a permit for the additional service;
f. 
The character, experience and responsibility of the applicant and its owner/operator; and
g. 
Whether the applicant is fit, able and willing to perform the service on a regular and continuous basis.
(5) 
The city secretary or as otherwise designated by the city manager shall, after the city manager has determined the public convenience and necessity for such service, issue a limousine vehicle operation permit to such applicant upon compliance with the requirements of this article and shall issue permits for the operation of all vehicles complying with the requirements of this article and any special requirements imposed by the city council. No permit shall be issued unless every vehicle proposed to be used complies with the minimum requirements of this article and state vehicle safety standards.
(d) 
Registration of chauffeurs.
(1) 
Chauffeurs must show proof of a valid state operator's license with appropriate endorsements if applicable issued to him by the state at least 30 days prior to the date of the application.
(2) 
The city manager or his designee shall investigate or cause to be investigated the character, experience and qualifications of any driver as may be deemed in the best interest of the safety, comfort and health of the general public in the use of the streets by such applicant.
(3) 
Each driver under this article shall undergo a background check conducted by the city.
(4) 
The city manager or his designee may suspend, revoke or deny the registration of any chauffeur pursuant to the provisions of this article for any violation of this article.
(5) 
If registration is denied because of a driver's prior conviction of a crime, the city shall notify the applicant in writing of the reason for the suspension, revocation, denial or disqualification; the review procedure provided in this article; and the earliest date the person may appeal.
(6) 
In the event a driver is refused registration upon appeal because of prior conviction of a crime and the relationship of the crime to duties of a chauffeur, the city shall notify the applicant by certified mail, return receipt requested, of the following procedure:
a. 
A person whose registration has been suspended or revoked or who has been denied a permit, who has exhausted administrative appeals, may file an action in a district court in the county for review of the evidence presented to the permit authority and its decision.
b. 
The person must begin the judicial review by filing a petition with the court within 30 days after the licensing authority's decision is final and appealable.
(Code 1975, § 22½-33)
(a) 
Compliance with safety requirements.
Each vehicle permitted under this article shall comply with all the safety requirements imposed by the state, the United States of America, and the city applicable to the vehicle involved.
(b) 
Insurance required.
Before any permit granted to operate a limousine service or vehicle in the city shall become effective, the grantee shall procure and furnish to the city secretary, and thereafter keep in full force and effect, a policy of motor vehicle insurance, to be approved by the city. Every such insurance policy shall insure all of the vehicles owned, leased, contracted, hired, or controlled by the holder of such permit and used in such limousine service for which a permit has been authorized. Every such policy of insurance shall be issued by an insurance agency organized and existing under the laws of the state, or having a valid permit to do business in the state.
(c) 
Insurance coverage.
The motor vehicle liability insurance coverage must meet the minimum limits required to establish proof of financial responsibility as follows:
(1) 
One hundred thousand dollars for bodily injury to or death of one person in one accident;
(2) 
Three hundred thousand dollars for bodily injury to or death of two or more persons in one accident (subject to subsection (c)(1) of this section);
(3) 
One hundred thousand dollars for damage to or destruction of property of others in one accident.
(d) 
Payment of taxes.
The owner shall have rendered each vehicle for which a permit is sought for ad valorem taxation and shall have paid all delinquent taxes owing the city upon every such vehicle.
(Code 1975, § 22½-34)