For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
A. 
"Automobile for hire"
means an automobile or other auto-motor-propelled vehicle used in the transportation of passengers for hire over the public streets of the City and not over a defined route or upon a fixed schedule, and which is hired only upon a time basis; provided, however, that drive-yourself vehicles, hearses and ambulances are not included within such phrase.
B. 
"Chief of Police"
means the Chief of Police of the City of Livermore or his or her designee.
C. 
"City Manager"
means the City Manager of the City of Livermore or his or her designee.
D. 
"Drive-yourself vehicle"
means an automobile or other auto-motor-propelled vehicle offered to the public for hire for the transportation of passengers over the public streets of the City and without a driver being supplied therewith.
E. 
"Driver"
means a person in direct and immediate possession or charge of driving or operating a taxicab, or public transportation vehicle.
F. 
"Motorbus"
means an automobile or other auto or motor vehicle used in the transportation of passengers for hire over the public streets in the City on a defined route and upon a fixed schedule. Motorbus continuations of street railway lines or a part of a street railway system, and auto stages plying between the City and other cities shall not be included in the term. The term shall include motor buses used by airlines for transportation of their patrons.
G. 
"Motorcycle escort service"
means the furnishing of a motorcycle and rider to lead or escort any funeral cortege or other procession for compensation or hire.
H. 
"Owner"
means any person, firm, association or corporation having proprietary control of or right to proprietary control of any vehicle.
I. 
"Public transportation vehicle"
means every for-hire, unmetered automobile, or motor-propelled vehicle having a seating capacity of no more than five persons, excluding the driver, used in the business of transporting passengers over city streets, irrespective of whether such operations extend beyond the City, and which is not regulated by the public utilities commission.
J. 
"Sightseeing bus"
means an automobile or other auto-propelled vehicle used in the transportation of passengers for hire over the public streets of the City and adjacent highways leading to scenic, historic, educational, architectural and other places of interest, in order that the passengers may view the same. Sightseeing buses need not run over a defined route or upon a fixed schedule, but must have an established rate of fare which shall cover the entire trip.
K. 
"Street" or "highway"
means a way or place of whatever nature publicly maintained and opened to the use of vehicular traffic.
L. 
"Taxicab"
means a motor-propelled vehicle used for the transportation of passengers for hire over the public streets of the City and not over a defined route or upon a fixed schedule.
M. 
"Taximeter"
means any instrument or device approved for use under the applicable laws of the state of California, which mechanically or electronically calculates the charge for the use of a taxicab. The taximeter registers such charge by means of figures, including dollars and cents, calculated by an initial charge and thereafter a charge for distance traveled or waiting time.
N. 
"Taxi stand"
means a place designated by the Chief of Police for the use, while awaiting employment, of the particular taxicab authorized to utilize same.
(Ord. 1544 § 1, 1999; Ord. 2065 § 1(A), 2018)
A. 
Every person operating or having under control for operation in the City, as owner, lessee, agent or otherwise, any public motor vehicle as defined in LMC § 5.40.010 shall, after obtaining a permit to do so, as required by this chapter, procure a city license from the license collector of the City, and pay a license fee therefor, as follows:
1. 
For each other public motor vehicle so owned or under control for operation, but not parked at a stand on a public street, the sum of $24.00 per year; and
2. 
For each public motor vehicle permitted to be parked at a stand on a public street, the sum of $120.00 per year.
B. 
In addition to the penalty provided by LMC § 1.16.010, any such license may be collected by a civil action at law.
(Ord. 1544 § 1, 1999; Ord. 2065 § 1(A), 2018)
Every official of the City, either sending or receiving any document pertaining to any owner's or driver's permit issued under the provisions of this chapter shall transmit to the city clerk a copy of the document (unless this chapter requires the original to be filed with the city clerk). All such documents shall be placed on file by the city clerk with the application pertaining to such permit.
(Ord. 1544 § 1, 1999; Ord. 2065 § 1(A), 2018)
It is unlawful for any person, partnership, firm, association or corporation, or the like, to provide taxicab or public transportation vehicle service in this City without an owner's permit issued pursuant to this chapter by the Chief of Police.
(Ord. 1544 § 1, 1999; Ord. 2065 § 1(A), 2018)
Applicants for an owner's permit shall file an application with the Chief of Police on forms to be furnished by the police department. The application shall include, at a minimum, the following:
A. 
The number of vehicles proposed to be operated.
B. 
A complete description of the vehicles proposed to be operated.
C. 
A complete description of the proposed operations.
D. 
The schedule of rates to be charged for the transportation of passengers in any and all vehicles operated by the owner.
E. 
The full color scheme and characteristic insignia to be used to designate the vehicles.
F. 
If the applicant proposes to operate a motorbus, the proposed routes and schedules.
G. 
Documentation from a licensed automobile mechanic that all vehicles to be operated under the owner's permit are safe and operable.
H. 
A seal from the Alameda County department of weights and measures indicating that the taximeter in each vehicle to be operated under the owner's permit is operating properly.
I. 
A statement that the applicant will maintain a mandatory controlled substance and alcohol testing certification program conforming to Part 40 of Title 49 of the Code of Federal Regulations for all drivers of vehicles operated under the owner's permit.
J. 
Payment of the application fee in the amount set by City Council resolution.
(Ord. 1544 § 1, 1999; Ord. 2065 § 1(A), 2018)
The Chief of Police shall hold a public hearing on the question of issuance of an owner's permit within 60 days after filing of a completed application with the Chief of Police. Notice of the hearing shall be advertised in a newspaper of general circulation and mailed to all existing holders of owners permits. If the application for an owner's permit is denied, the applicant shall not reapply for six months from date of denial.
(Ord. 1544 § 1, 1999; Ord. 2065 § 1(A), 2018)
All decisions of the Chief of Police are appealable in accordance with the provisions of Chapter 1.22 LMC.
(Ord. 1544 § 1, 1999; Ord. 2052 § 1(K), 2017; Ord. 2065 § 1(A), 2018)
An owner's permit may be revoked for any cause which would have warranted denial thereof in the first instance, for a failure to comply with any of the provisions of this chapter, a failure to comply with any conditions imposed upon the owner's permit or if operations have ceased for 10 consecutive days. If an owner's permit is granted, and operation of the service for which the permit is granted does not commence within four months of the date of the approval thereof, the permit shall be automatically null and void. Any revocation hearing shall be held before the Chief of Police. Ten days' written notice shall be provided to the owner's permit holder and the owner's permit holder shall have the opportunity to present at the hearing any evidence deemed relevant by the Chief of Police. If the owner's permit is revoked, the holder of the permit shall not reapply for six months from date of revocation.
(Ord. 1544 § 1, 1999; Ord. 2065 § 1(A), 2018)
A. 
Holders of owner's permits shall renew the permit annually. Upon payment of the nonrefundable administrative fee in the amount set by City Council resolution, the Chief of Police shall renew the owner's permit if the owner has:
1. 
Accepted requests for service anywhere within the corporate limits of the City if vehicles and drivers are available.
2. 
Provided documentation from a certified automobile mechanic indicating that all vehicles covered by the owner's permit are safe and operable.
3. 
Obtained a seal from the Alameda County department of weights and measures indicating that the taximeters in all vehicles operated under the owner's permit are functioning properly.
4. 
Provided certification that all drivers of the vehicles operated under the owner's permit have passed drug and alcohol tests pursuant to Part 40 of Title 49 of the Code of Federal Regulations.
5. 
Notified the Chief of Police of a change in business or dispatch address or telephone number at least 72 hours before the change.
B. 
If the owner has not satisfied the conditions listed above, the Chief of Police shall not renew the owner's permit. The holder of a nonrenewed owner's permit may appeal the findings of the Chief of Police as set forth in LMC § 5.40.070.
(Ord. 1544 § 1, 1999; Ord. 2065 § 1(A), 2018)
A. 
No owner's permit shall be issued or continued in operation unless there is in full force and effect a policy of comprehensive general and automobile liability insurance in a form prescribed by the risk manager, executed by an insurance company approved by the risk manager with a Best's key rating of not less than "A VII," unless otherwise approved by the risk manager, whereby the owner and driver of each of the vehicles operating pursuant to the permit as well as the holder of the permit are insured against liability for damage to property and for injury to or death of any person as a result of the ownership, operation or other use thereof. The minimum liability limits shall not be less than $1,000,000 combined single limit per occurrence applicable to all owned, nonowned and hire vehicles; provided, however, that a different amount may be required by the risk manager if deemed necessary.
B. 
Such policies of insurance shall contain endorsements providing that the policy will not be canceled until notice in writing has been given to the City, addressed in care of the Chief of Police, 1110 So. Livermore Avenue 94550, at least 30 days immediately prior to the time such cancellation becomes effective.
C. 
Such policies of insurance shall name the City, its officers, agents, and employees as additional insureds.
D. 
Holders of owner's permits, vehicle owners, and drivers shall indemnify, defend and hold harmless the City, its officers, agents, and employees, from any loss, liability, claim, injury, or damage arising or alleged to arise from the acts or omissions of the holder of the owner's permit, vehicle owner, or driver in connection with the provision of transportation service pursuant to the owner's permit.
(Ord. 1544 § 1, 1999; Ord. 2065 § 1(A), 2018)
No person shall operate any vehicle described in LMC § 5.40.010 upon the streets of the City and no person who owns or controls any such vehicle shall permit it to be so driven and no such vehicle licensed by the City shall be so driven unless the driver of the vehicle has first obtained and has then in force a driver's permit issued under the provisions of this chapter.
(Ord. 1544 § 1, 1999; Ord. 2065 § 1(A), 2018)
Any person may apply for a permit to operate a vehicle defined in LMC § 5.40.010 by filing with the Chief of Police, upon forms supplied by the police department, an application containing the following information:
A. 
Name, address, and age of applicant;
B. 
Convictions, if any, in the courts of any state of the United States or in any United States court within five years prior to application;
C. 
The endorsement of the owner by whom the applicant is to be employed as a driver or with whom the applicant is to contract for driving services;
D. 
Number, expiration date, and endorsements or restrictions of state of California driver's license.
(Ord. 1544 § 1, 1999; Ord. 2065 § 1(A), 2018)
A. 
Upon receipt of an applicant 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 application. No permit shall be issued to any of the following persons:
1. 
Any person under the age of 18 years;
2. 
Any person convicted of any felony or misdemeanor offense which is reasonably and directly related to the functions involved in the operation of motor vehicles for hire. This restriction shall apply only to felony or misdemeanor convictions occurring within five years of the date of application;
3. 
Any person convicted of hit-and-run driving, of reckless driving, or of driving a vehicle while under the influence of intoxicating liquor and/or any drug within six months of the application, or upon conviction of any two or more of these offenses within five years of the date of application. However, no permit shall be issued to any person convicted of any offense described herein if such person was driving a motor vehicle for hire at the time the offense was committed;
4. 
Any person not possessing a valid state of California driver's license of the class required by state law for the type of motor vehicle for hire the applicant intends to drive;
5. 
The provisions of LMC § 5.40.160 shall be applicable to any person applying for a permit hereunder.
B. 
Any person issued a driver's permit who subsequently is convicted of any felony or misdemeanor offense or who ceases to possess a valid state of California driver's license of the class required by state law for the type of motor vehicle such person drives shall immediately so inform his or her employer and the Chief of Police.
C. 
An applicant for a driver's permit may appeal the Chief of Police's decision not to issue a driver's permit pursuant to LMC § 5.40.070.
(Ord. 1544 § 1, 1999; Ord. 2065 § 1(A), 2018)
A. 
Upon approval of an application for a driver's permit and upon payment of the nonrefundable fee set by City Council resolution, the Chief of Police shall issue a permit to the applicant. It shall bear the name and photograph of the applicant, date of expiration of the permit, and the name of the owner for whom the driver is authorized to operate a vehicle. Such permit shall be mailed to the owner named therein and shall be valid only so long as said driver continues in the employ of such owner.
B. 
Such permit shall be displayed in the vehicle being driven by the permittee in such a place as to be in full view of all passengers in such vehicle.
C. 
Upon the termination of any driver's employment, the owner by whom such driver has been employed shall immediately give the Chief of Police written notice of such termination and shall immediately surrender said driver's permit to the Chief of Police for cancellation.
(Ord. 1544 § 1, 1999; Ord. 2065 § 1(A), 2018)
A. 
The Chief of Police shall revoke any driver's permit if:
1. 
Such driver becomes ineligible for the permit,
2. 
The driver's State of California Department of Motor Vehicles record includes four or more moving violations within the preceding 12-month period, or
3. 
The Chief of Police determines that the driver is a danger to the public safety.
B. 
The permit holder may request a hearing as provided in LMC § 5.40.170. However, the driver may be suspended pending said hearing.
(Ord. 1544 § 1, 1999; Ord. 2065 § 1(A), 2018)
A. 
Every driver whose permit has been suspended pending a hearing shall have the right to a hearing before the Chief of Police prior to revocation.
B. 
The Chief of Police shall give the permit holder written notice of intent to revoke the driver's permit. The notice shall set forth the ground or grounds for the Chief of Police's intention to revoke, and shall inform the permit holder that he or she has 10 days from the date of receipt of the notice to file a written request for a hearing. The permit may be revoked if a hearing request is not received within the 10-day period.
C. 
If the permit holder files a timely hearing request, the Chief of Police shall set a time and place for the hearing. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues and to be represented by counsel.
(Ord. 1544 § 1, 1999; Ord. 2065 § 1(A), 2018)
The schedule of rates shall be posted conspicuously in each vehicle operated under an owner's permit. The rates shall not be changed or modified without first filing the changed or modified rates with the Chief of Police 30 days before the effective date of the change or modification.
(Ord. 1544 § 1, 1999; Ord. 2065 § 1(A), 2018)
A. 
Capacity. No driver shall accept, take into the vehicle, or transport any larger number of passengers than the rated seating capacity of the vehicle.
B. 
Direct Route. Any driver employed to carry any passenger to a definite point shall take the most direct route which will carry the passenger safely and expeditiously to the point of destination.
C. 
Interference with Traffic Prohibited. Vehicles shall not be operated over public streets in search of or soliciting prospective passengers for hire in such a manner as to interfere with vehicular traffic.
D. 
Receipt. Every driver shall, if requested, give a correct receipt upon payment of the correct fare.
E. 
Refusal to Carry Passengers. It is unlawful for any driver operating under a permit issued pursuant to this chapter to refuse, when the vehicle is in service, to transport any person who represents himself or herself for carriage in an orderly manner and for a lawful purpose.
F. 
Occupants to Have Exclusive Use. When a taxicab or automobile for hire is engaged, the occupants shall have the exclusive right to the full and free use of the passenger compartment and it is unlawful for the owner or driver of such vehicle to solicit additional passengers contrary to that right.
(Ord. 1544 § 1, 1999)
A. 
It shall be the responsibility of the owner to provide documentation from a licensed automobile mechanic that every vehicle operating under the owner's permit is safe and operable at the time of permit issuance and renewal.
B. 
The interior and exterior of each vehicle shall be clean and well-maintained and meet California Vehicle Code requirements at all times when in operation.
(Ord. 1544 § 1, 1999)