With the exception of vehicles operated by licensed Transportation Network Providers, no person or entity shall permit or operate a vehicle for hire upon the streets of the City of Bloomington or Town of Normal without having first obtained a vehicle for hire license, which has listed the approved number of vehicles, from the City Clerk. Any person or entity who has received a vehicle for hire license who also desires to drive a vehicle for hire must obtain a vehicle for hire driver's permit from the City of Bloomington as provided by this Chapter.
A.
Applications for creation of licenses shall be made upon forms prepared and furnished by the City Clerk. Each application shall be signed and verified by the oath or affirmation of an authorized agent or managing member. Such application shall be submitted and filed with the City Clerk after payment to the City of an application fee as set forth in the Schedule of Fees. Each application shall contain the following information and statements:
(1)
The name, date of birth, and address of the applicant in the case of an individual; in the case of a partnership, the persons entitled to share in the profits thereof; and in the case of an entity, the date of formation, the objects for which it was organized, the names and addresses of the officers and directors, and if a majority in interest of the stock of such entity is owned by one person or their nominees, the name and address of such person;
(2)
The entity name, registered DBA (Doing Business As)/Assumed Name, establishment address and phone number;
(3)
An email address to be used for all licensing communications;
(4)
The experience of the applicant in the transportation of passengers;
(5)
The color scheme or insignia placed in or on the vehicle to be used to designate the vehicle or vehicles of the applicant;
(6)
Whether the applicant, or any owners, members, partners, or officers of the applicant business have ever been convicted of a felony and, if so, the nature of the conviction and the jurisdiction in which it occurred;
(7)
A statement whether the applicant has made a similar application for a similar license and the disposition of such application;
(8)
Whether a previous license by any state or subdivision thereof or by the federal government has been revoked and the reasons therefor; and
(9)
A statement that the applicant will not violate any of the laws of the State of Illinois or of the United States or any ordinance of the City in the conduct of their place of business.
(10)
If an entity, the applicant must be in good standing with the State of Illinois before a license will be issued.
B.
The following must be submitted as supplemental documentation to the application provided by the City Clerk:
(1)
A list of all owners/partners/officers with name, date of birth, address, and percent ownership/stock;
(2)
If an Assumed Name is used, proof the Assumed Name is registered with the State of Illinois or County of McLean;
(5)
A statement detailing the applicant's assets and liabilities; financial information shall also include the amount of all unpaid judgments against the applicant and the nature of the transactions or acts giving rise to said judgments;
(6)
A list of the vehicles to be operated or controlled by the applicant, including the year, make, model, color, number of seats, vehicle identification number (VIN), state license plate number, and name of the registered owner for each vehicle;
(7)
A copy of each vehicle's current vehicle registration;
(8)
A Certificate of Safety from the State of Illinois; and
(9)
If the applicant is an entity, the applicant must include the Articles of Incorporation or information regarding the entity's organization.
C.
Renewals. All applications for the renewal of a license shall be made in writing to the City Clerk not later than April 1 of each year. If the information and statements contained in the original application have not changed, in lieu of an application for renewal, a licensee may file with the City Clerk not later than April 1 of each year an affidavit stating that such facts and statements have not changed.
D.
Licensees shall report any changes in information furnished in their application for a Vehicle for Hire license to the City Clerk in writing within 10 days of the change. Failure to so report may be cause for suspension or revocation of the license.
The City Clerk shall cause an investigation to be made of the character, fitness, and qualifications of the applicant in coordination with the Chief of Police or their designee. This investigation shall include fingerprinting, and a background check, including state, federal, and local information. In addition to any other fee required by this Chapter, every person for whom an investigation is required shall pay fees as set forth in the Schedule of Fees.
A.
No vehicle for hire license to engage in the business of operating a vehicle for hire shall be issued to or held by any person or entity:
(1)
Who is a person not of legal age or has been found to be legally incompetent;
(2)
Whose license issued under this Chapter has been revoked for cause;
(3)
Who, at the time of application or for renewal, would not be eligible for such license upon a first application;
(4)
Who has been convicted of a felony within seven years of the date of application or who has been released from incarceration for a felony conviction within seven years prior to the date of application;
(5)
Whose license to operate a vehicle for hire or similar license in any jurisdiction has been suspended or revoked during the three years prior to the date of application;
(6)
Who owes the City of Bloomington or Town of Normal any outstanding fines, judgment debts, delinquent amounts for water or other City services, taxes, fees, reports, or any other amounts. This provision may be waived by the City Manager of the jurisdiction owed said amounts if the City Manager finds the applicant has entered into a satisfactory payment agreement providing for full payment to the jurisdiction of all outstanding amounts. Any license issued pursuant to such an agreement shall be probationary in the sense that it shall be contingent upon full compliance with the agreement and shall be terminated and revoked upon failure to comply therewith;
(7)
Who has been found to have violated any of the provisions of this Chapter or of the ordinances of the City of Bloomington or Town of Normal more than three times in three years prior to the date of application; or
(8)
Who provides false or misleading information to the City on their application and related documents. Failure to report any felony conviction, regardless of when or where it occurred, shall be deemed the providing of false information for purposes of application of this Section and will result in denial of a license.
A.
Each person or entity having a vehicle for hire license shall obtain and at all times maintain in effect a penal bond to the City of Bloomington in the sum of $2,000 from a solvent surety company licensed to do business in the State of Illinois, and each such bond is subject to being approved by the Corporation Counsel. Each bond shall be filed with the City Clerk before vehicle for hire licenses to which the bond applies are distributed by the City Clerk and shall be conditioned upon the faithful observance by the licensee of all of the provisions of this Chapter and of any other provisions of the Bloomington City Code and of the laws of the State of Illinois and of the United States of America applying to the operation of vehicles for hire.
B.
Before any license or permit to operate a vehicle for hire entity shall be issued or renewed, the applicant shall file with the City Clerk proof of an insurance policy issued by an insurance company licensed to do business in the State of Illinois, providing insurance coverage for the entity and each and every vehicle for hire owned, operated, dispatched, or leased by the applicant against liability upon the owner in the minimum amounts provided in this Section.
D.
The minimum amount of insurance required for vehicles carrying nine or more passengers shall be a combined single limit for each accident of $1,200,000.
E.
The minimum amount of insurance required for the vehicle for hire entity operating vehicle(s) for hire shall be a combined single limit of $1,000,000.
F.
Such policy shall further provide that insolvency or bankruptcy of the insured shall not release the insurance company from any payment due under such policy; and if, by reason of such insolvency or bankruptcy, an execution on a judgment against the insured is returned unsatisfied, the judgment creditor shall have a right of action against the insurance company to recover the amount of such judgment to the same extent that the insured would have had to recover against the company had the insured paid the judgment.
G.
The failure of any person or entity to at all times maintain in effect the bond and insurance required by this Section shall automatically terminate the license(s) issued pursuant to this Chapter to such person or entity. Automatically terminated licenses may only be reinstated by means of a new application. The responsibility to maintain in effect the bond and insurance referred to herein shall be solely that of the licensee(s) and neither the City Clerk, nor shall any other person associated with the City of Bloomington be responsible for notifying the licensee(s) of the expiration date of any bond or insurance policy or have any other responsibility with respect to maintaining in effect at all times such bond and insurance policy or assuring compliance with any aspect of this Section or any related provision thereof.
H.
The failure of a licensee to comply with any aspect of this Section is a violation of this Chapter for which the licensee may be penalized pursuant to the provisions of this Chapter.
A.
The City Clerk is authorized to issue a license to any qualified applicant for the operation of a vehicle for hire, provided that the applicant qualifies under § 40-204, has paid all fees, and has provided proof of the insurance required under this Article to the City Clerk.
B.
If an application for the issuance or renewal of a license is denied, the City Clerk shall issue a written notice of denial, together with findings in support of the denial, to the applicant. The applicant may, within 10 days of the notice of denial, make a written request for a hearing to appeal the denial. Failure to timely make such a request will waive the right to appeal. The request must be submitted to the City of Bloomington Corporation Counsel located at 115 East Washington Street, Bloomington, Illinois 61701 or by email to legal@cityblm.org. Upon receipt of a timely written request for a hearing, the Corporation Counsel's office shall schedule a hearing on the appeal in the City of Bloomington Administrative Court and shall send notice of the date and time of a hearing to the applicant. Said hearing shall be set for a date within 30 days of the Corporation Counsel's receipt of the request for an appeal. If, at the appeal hearing, the applicant establishes by a preponderance of the evidence that the denial was based upon incorrect findings, the City Clerk shall issue a license. If, at such hearing, the denial is found to have been based upon correct findings, or if the applicant fails to prove by a preponderance of the evidence that the findings forming the basis for the denial were incorrect, the denial shall become final. An applicant for a license whose application is denied shall not be eligible to reapply for a license for a period of two years from the date of the denial, or from the date of any decision upholding the denial. Any entity in which an applicant who has been denied a license has an ownership interest of 25% or more shall likewise be prohibited from applying for a license for a period of two years.
A.
The fee to be paid per vehicle and for the license herein required shall be amounts as set forth in the Schedule of Fees per year payable in advance, and no license shall be issued until such fees have been paid. When a license is created by the City Clerk and is subsequently issued, the license and per-vehicle fees shall be prorated on the basis of the remaining days of the City's fiscal year in which the license is issued. Application fees shall not be prorated. The license shall expire on April 30 of each year. In the event of revocation or surrender of a license, no unearned portion of the license or per-vehicle fees shall be refunded.
B.
Each renewal license and per-vehicle fee must be received by the City Clerk not later than April 1 unless the first falls on a holiday, in which case license and per-vehicle fees may be received by the Clerk on the following business day. If a license or per-vehicle fee is received late, the license holder must pay a late fee in the amount of 10% of the total invoiced fee and may be subject to the renewal license being denied.
A.
Each holder may operate no more than the number of vehicles for hire for which the holder's license is issued.
B.
If a vehicle for hire license holder seeks to make changes to the specific vehicles identified as approved or to increase the number of vehicles listed on their license, a request must be submitted to the City Clerk for consideration prior to additional vehicles operating. If approved, a new license with the updated number of approved vehicles will be issued.
C.
Decreases in the approved number of vehicles listed on the holder's license need not be reported to the City Clerk.
D.
A copy of the issued vehicle for hire business license shall at all times be kept in each approved vehicle listed on said license and shall promptly be made available to law enforcement and City staff upon request.
Vehicle for hire licenses shall be nonassignable and nontransferable.
A.
No vehicle for hire office, including any answering and dispatching service, shall be located within any premises holding a license for the sale of intoxicating beverages, other than at the Central Illinois Regional Airport.
B.
No vehicle for hire business or service, including any answering or dispatch service, shall share the same premises, telephone number, telephone facilities, vehicles, or drivers with a vehicle for hire service not licensed under this Chapter, but performing operations in the City of Bloomington or Town of Normal. Violation of this Subsection will subject the license-holding entity to revocation or suspension of its license, as well as to a fine of not less than $250 for each day the violation continues. The City may also seek injunctive relief in McLean County Circuit Court prohibiting any entity from operating in violation of this Section.
A.
In addition to the imposition of fines provided in this Chapter, any license may be revoked, or suspended after notice and hearing if the holder no longer qualifies for a license under the factors listed in § 40-204 of this Chapter or for any of the following reasons:
(1)
Violation of any of the provisions of this Chapter;
(2)
Violation of any law occurring at licensed premises committed by an officer, agent, or employee of the business;
(3)
Failure to pay any tax, judgment, fee, or bill owed to the City of Bloomington;
(4)
Failure to provide current information regarding the ownership or location of the business;
(5)
Failure to notify in writing the City Clerk Department of a change in ownership as required by § 40-210;
(6)
Knowingly allowing a driver to drive a vehicle for hire with a driver's license or permit that is suspended or revoked under the Illinois Vehicle Code;
(7)
Allowing a driver to operate a vehicle for hire who does not have a valid City of Bloomington Vehicle for Hire Driver's Permit;
(8)
Violation of any ordinances of the City of Bloomington or Town of Normal;
(9)
Violation of any of the laws of the United States or the State of Illinois, the violation of which unfavorably reflects on the fitness of the holder to offer public transportation;
(11)
Hired, or allowed a person to provide vehicle for hire services, who would not qualify for a driver's permit under the provisions of this Chapter. It may be raised as a defense to violation of this Subsection if the driver has a current, valid driver's permit and the license holder was unaware of any facts that would disqualify the driver from driving under the provisions of this Chapter.
B.
Revocation or suspension of a license shall not preclude the imposition of a fine by an administrative court or by a court of competent jurisdiction for violation of the Bloomington or Town of Normal City Code.
C.
No revocation or suspension shall require return by the City of any fee.
D.
Prior to suspension or revocation, the holder shall have the right to appeal pursuant to § 40-213 of this Article.
E.
In addition to the foregoing, the owner shall be responsible for all of the acts of their employees, agents, or drivers relating to the violation of or noncompliance with any of the laws, rules, or regulations relating to the operation of vehicles for hire or to the conduct of their business to the extent that the holder's license may be suspended or revoked for violations of such laws, rules, or regulations by his employees, agents, or drivers. Licensees are responsible for the acts of drivers receiving dispatch services or otherwise driving at the direction of the license holder regardless of whether the vehicle driven is owned by the license holder, driver, or some other entity. Drivers shall also be held responsible for violations of law occurring while they drive regardless of who owns the vehicle driven.
F.
A licensee whose license is revoked shall not be eligible to reapply for a license for a period of two years from the date of the revocation, or from the date of any decision upholding the revocation.
A.
Except for emergency suspensions or revocations as provided in § 40-214, any license or permit holder who receives a notice of revocation or suspension may file an appeal with the City of Bloomington Corporation Counsel. The appeal must be made in writing within 10 days of receipt of the notice of revocation or suspension and shall include a response to the notice. Such response shall include a brief statement addressing the substantive deficiencies cited in the notice and shall set forth the basis for why the permit or license should not be revoked or suspended. The request for appeal must be submitted to the office of the City of Bloomington Corporation Counsel located at 115E. Washington Street, Bloomington, IL 61701 or via email to legal@cityblm.org. The Corporation Counsel's office shall mail or email an appeal hearing notice to the requester containing the hearing date and time set before the City Manager, or their designee.
B.
In order to prevail in an appeal, the party appealing the suspension or revocation must show by a preponderance of the evidence that the asserted reason for suspension or revocation is inaccurate.
A.
In cases where the City Manager, or their designee, reasonably believes that the continued operation of a vehicle for hire licensed entity or permitted driver poses an imminent risk to public health, safety or welfare, the City Manager may suspend or revoke the license or permit immediately. Notice of such suspension or revocation shall be given to the licensed or permitted party and to the Bloomington and Normal Police Departments. The notice shall specify the reason for the suspension or revocation and shall provide the licensed entity or permitted driver with the right to request an appeal of the suspension or revocation, provided an appeal is requested no later than five days from service of the notice of suspension or revocation. If an appeal is requested, a hearing shall be held before the City Manager, or their designee, within 10 days of request for a hearing.
B.
In order to prevail in an appeal, the party appealing the suspension or revocation must show by a preponderance of the evidence that the asserted reason for suspension or revocation is inaccurate.
C.
Service shall be deemed effective when sent via email or first-class mail to the last known email or postal address of the licensed entity or permitted driver. For the purpose of this Section, the last known email or postal address shall be the one that has most recently been recorded with the City Clerk Department.