No person may cause or permit a motor vehicle to be operated as a vehicle for hire, except in accordance with the terms of a permit issued for that vehicle under this chapter.
(Ord. 1286(SUB) § 5, 2011)
(a) 
The registered owner (or all registered owners if there are more than one) of a motor vehicle must apply for a vehicle for hire permit for the motor vehicle. The application shall be submitted to the city clerk on a form provided by the city clerk, and shall include:
(1) 
The name and address of the applicant or applicants.
(2) 
If an applicant is not a natural person, the business entity form and jurisdiction of incorporation or organization of the applicant, and the name and address of each officer of the applicant and each natural person who owns, directly or indirectly, more than five percent of the equity of the applicant.
(3) 
The name under which the vehicle for hire business will be conducted.
(4) 
The make, model, year of manufacture, vehicle identification number, and Alaska license number of the motor vehicle registered to the applicant that will be operated under the permit.
(5) 
A description of any distinctive color scheme, design and lettering or numbering that will be applied to the exterior of the motor vehicle while it is operated under the permit.
(6) 
The type of vehicle for hire (taxicab, limousine or tour vehicle) that the applicant will operate under the permit.
(7) 
Proof that a vehicle that is to be used as a taxicab is registered as a taxicab with the state of Alaska, and proof that a vehicle that is to be used as any other type of vehicle for hire is registered for the transportation of passengers for hire with the state of Alaska.
(b) 
The application shall be accompanied by:
(1) 
The application fee established by resolution or motion of the city council.
(2) 
A copy of the applicant's current Alaska business license.
(3) 
For each applicant who is a natural person, proof that the applicant is at least 19 years old.
(4) 
A written report on a form provided by the city of a safety inspection of the vehicle performed by a motor vehicle repair shop, confirming that the vehicle is equipped as required by this chapter and meets all other applicable legal requirements for operation as a vehicle for hire. The applicant shall select the motor vehicle repair shop to perform the safety inspection from a list supplied by the city, but may not select a motor vehicle repair shop that has an ownership interest in common with the applicant or the motor vehicle.
(5) 
Proof of insurance for the motor vehicle required by KCC § 5.40.030.
(6) 
For a vehicle for hire permit for a taxicab, a copy of the tariff approved by the council under which the applicant will operate the taxicab.
(Ord. 1286(SUB) § 5, 2011)
(a) 
Except as provided for taxicab permits in KCC § 5.40.110, if the city clerk finds that a vehicle for hire permit application is complete, and meets all of the requirements in this chapter for the issuance of the permit, the city clerk shall notify the applicant that the permit is approved, and issue the permit after the applicant has obtained a certificate of registration as a sales tax collector under KCC § 3.08.080.
(b) 
If the city clerk finds that a vehicle for hire permit application does not meet all of the requirements in this chapter for the issuance of a permit, the city clerk shall notify the applicant as provided in KCC § 5.40.050(a) that the city clerk intends to deny the permit. If the applicant fails to cure the deficiency in the application within 10 days after the date of the notice, the city clerk shall deny the permit. The applicant may appeal the denial of a permit under this subsection to a hearing officer as provided in KCC § 5.40.050(c).
(Ord. 1286(SUB) § 5, 2011)
(a) 
A vehicle for hire permit is effective from the date of its issuance until it expires, as provided in this section.
(b) 
A vehicle for hire permit shall be issued for a period not to exceed three years and shall expire on December 31 of the second calendar year after the year in which it was issued.
(c) 
Beginning one month before the permit expires, a permittee may apply to renew the permit for the following three-year period. The renewal application shall contain the information required in KCC § 5.40.010 and any additional information required for the type of vehicle for hire, and shall be processed as provided in KCC § 5.40.015; provided, that the city clerk shall not renew the permit upon finding that any of the grounds for permit revocation in KCC § 5.40.045 apply to the permittee. The applicant may appeal the denial of a permit under this subsection to a hearing officer as provided in KCC § 5.40.050(c).
(Ord. 1286(SUB) § 5, 2011)
(a) 
Every vehicle for hire shall be equipped with lighting that shall illuminate the entire passenger compartment of the motor vehicle while passengers are entering or exiting.
(b) 
Every vehicle for hire that is a limousine or a tour vehicle shall display on its windshield a decal issued by the city identifying the vehicle as a vehicle for hire and bearing the permit number for the vehicle for hire.
(Ord. 1286(SUB) § 5, 2011)
The permittee shall maintain continuously for the motor vehicle that is described in the permit a policy of insurance issued by an insurance company authorized to do business in Alaska for liability arising from the operation of the motor vehicle, including uninsured motorist coverage, with a combined single limit of $300,000 for bodily injury or death in any one accident, and including a provision requiring written notice to the city not less than 30 days before cancellation of the policy or the reduction of coverage under the policy below the minimum limits required by this section.
(Ord. 1286(SUB) § 5, 2011)
(a) 
A vehicle for hire must meet the provisions of the State of Alaska Motor Vehicle Code and the applicable provisions of this chapter.
(b) 
The city may require an inspection of a vehicle for hire to be performed at the expense of the permittee when the city has reasonable cause to believe that the vehicle does not conform to the applicable requirements of this chapter. The permittee shall select the motor vehicle repair shop to perform the inspection from a list supplied by the city, but may not select a motor vehicle repair shop that has an ownership interest in common with the applicant or the motor vehicle.
(c) 
If the city determines that a vehicle for hire requires repair or modification to conform to the applicable standards of this chapter, the city may order the owner of the vehicle not to operate the vehicle until the owner has demonstrated to the satisfaction of the city that the required repair or modification has been completed.
(Ord. 1286(SUB) § 5, 2011)
A permittee shall be responsible for:
(a) 
Collecting and timely remitting to the city all city sales tax for transportation services provided under the permit.
(b) 
Maintaining a current certificate of registration as a sales tax collector under KCC § 3.08.080.
(c) 
Maintaining a current mailing address on file with the city clerk. Any notice to a permittee required under this chapter shall be deemed sufficient if mailed to the permittee's mailing address that currently is on file with the city clerk.
(d) 
Maintaining and preserving for a period of not less than two years a legible written record of all trips of the motor vehicle operated under the permit, on a form provided by the city, and making all such records available for inspection by an employee authorized by the city manager during reasonable business hours.
(e) 
Maintaining the motor vehicle operated under the permit in good condition and repair at all times. No inspection of the motor vehicle required under this chapter shall affect the permittee's responsibility under this subsection, or cause the city to assume any of that responsibility.
(Ord. 1286(SUB) § 5, 2011)
The city clerk may suspend or revoke a permit on any of the following grounds:
(a) 
The making of a false statement in the permit application.
(b) 
Failure of the permittee to collect or timely remit sales taxes due on fares for transportation services rendered under the permit.
(c) 
Failure of the permittee to maintain a current certificate of registration as a sales tax collector under KCC § 3.08.080.
(d) 
The cancellation of the insurance required by this chapter, or the reduction of insurance coverage below the minimum limits required by this chapter, and the permittee's failure to provide the city clerk with evidence of replacement insurance before the effective date of the cancellation or reduction.
(e) 
Conviction of the permittee, any officer or employee of the permittee, or any owner of a controlling interest in the permittee, of any of the following:
(1) 
A felony.
(2) 
A misdemeanor involving the use of, possession of, or traffic in a controlled substance.
(f) 
Conviction of any chauffeur employed by the permittee of a violation of a provision of this chapter or any other provision of city or state law governing operations under the permit, if it is shown to be more likely than not that the permittee knew or should have known of the violation.
(g) 
A permittee under a permit for a taxicab charging any fare that does not conform to the tariff approved by the council under which the permittee is authorized to operate.
(h) 
Failure to comply with KCC § 5.40.040.
(Ord. 1286(SUB) § 5, 2011)
(a) 
Except where subsection (b) of this section authorizes an immediate suspension, at least 10 days before denying, suspending or revoking a permit, the city clerk shall mail to the applicant or permittee written notice of intent to deny, suspend or revoke the permit, stating the grounds therefor. The notice shall state the time and place at which the city will hold a hearing on the permit denial, suspension or revocation upon the permittee's written request, which time shall not be less than 10 days after the date the city clerk mails the notice.
(b) 
Notwithstanding subsection (a) of this section, the city clerk may suspend a permit immediately if the city clerk has probable cause to believe that continued operation under the permit presents a substantial hazard to public safety, and shall suspend a permit immediately upon the permittee's failure to maintain insurance required by KCC § 5.40.030. The suspension shall remain in effect until the permittee demonstrates to the city clerk that the cause for the suspension has been corrected. Promptly after suspending a permit under this subsection, the city clerk shall give the permittee written notice of the suspension, and of the permittee's right to request a hearing on the suspension, in accordance with subsection (a) of this section.
(c) 
Upon the submission by the applicant or permittee within five days after the date of the notice provided under subsection (a) of this section of a written request for a hearing on the denial, suspension or revocation of a permit, a hearing officer designated by the city manager shall conduct the hearing at the time and place stated in the notice of the denial, suspension or revocation. The hearing officer shall conduct the hearing in an informal manner and shall not be bound by the technical rules of evidence. The applicant or permittee may appear in person or by counsel, present evidence, and cross examine witnesses. The hearing shall be recorded. Within five days after the conclusion of the hearing, the hearing officer shall prepare and mail to the applicant or permittee and the city clerk a written decision whether to deny, suspend or revoke the permit, stating the reasons for the decision.
(d) 
Any person aggrieved by the hearing officer's decision under subsection (c) of this section may appeal the decision to the superior court within 30 days after the date the decision was mailed or delivered to the parties. Unless the court orders otherwise, an appeal does not stay the effect of a decision by the hearing officer to deny, suspend or revoke a permit.
(Ord. 1286(SUB) § 5, 2011)
As used in this chapter:
(a) 
"Alcoholic beverage"
has the meaning given in AS 04.21.080(b).
(b) 
"Chief of police"
means the chief of police, or a person that the chief of police or the city manager designates to perform the functions of the chief of police under this chapter.
(c) 
"City clerk"
means the city clerk, or a person that the city clerk or the city council designates to perform the functions of the city clerk under this chapter.
(d) 
"Controlled substance"
means any substance listed as being controlled under AS 11.71 or 21 U.S.C. Sections 812 through 813, or determined under federal regulations to be controlled for purposes of 21 U.S.C. Sections 812 through 813 (Controlled Substances Act).
(e) 
"Courtesy vehicle"
means a motor vehicle operated by a business to transport only:
(1) 
Clients of the business without any separate charge for the transportation; and
(2) 
Employees of the business.
(f) 
"License"
means a chauffeur's license issued under this chapter.
(g) 
"Licensee"
means a holder of a license.
(h) 
"Limousine"
means a motor vehicle that is used to transport passengers for an hourly or contract rate, and which is not operated over any fixed or defined route.
(i) 
"Motor vehicle"
means a motor vehicle as defined in AS 28.40.100 that is required to be registered under AS 28.10, and that is not designed to transport more than 15 passengers, including the driver.
(j) 
"Motor vehicle repair shop"
means a person subject to regulation under AS 45.45.130 through 45.45.240.
(k) 
"Permit"
means a vehicle for hire permit issued under this chapter.
(l) 
"Permittee"
means a holder of a permit.
(m) 
"Shuttle vehicle"
means a motor vehicle that transports passengers for a fee from a starting point or to a destination that is selected by the operator. A courtesy vehicle is not a shuttle vehicle.
(n) 
"Substantial damage"
means damage that can reasonably be expected to adversely affect passenger safety or comfort.
(o) 
"Taxicab"
means a motor vehicle that is used to transport passengers for a fee based upon the distance traveled or waiting time, or both, and which is not operated over any fixed or defined route.
(p) 
"Test positive"
for a controlled substance means the identification of one or more controlled substances in the urine based on levels defined by the U.S. National Institute of Drug Administration as confirmed by a laboratory certified by the U.S. Department of Health and Human Services.
(q) 
"Tour vehicle"
means a motor vehicle that transports passengers for a fee on a route and to destinations selected by the operator, for the purpose of the operator showing the passengers locations of scenic, historic or cultural interest.
(r) 
"Unconditional discharge"
means release from all disability arising under a sentence for an offense, including any period during which a person is subject to a suspended imposition of sentence, or to probation or parole.
(s) 
"Vehicle for hire"
means a motor vehicle offered for hire with a driver as a taxicab, limousine or tour vehicle.
(Ord. 1286(SUB) § 5, 2011)