No person may operate a taxicab or limousine except in accordance with a chauffeur's license issued under this chapter.
(Ord. 1286(SUB) § 5, 2011)
An application for a chauffeur's license is submitted to the chief of police on a form provided by the chief of police. The application shall include the name and address of the applicant, and shall be accompanied by:
(a) 
The application fee established by resolution or motion of the city council, which shall be prorated for a license that is issued for a term greater or less than two years.
(b) 
Proof that the applicant is at least 19 years old.
(c) 
A photograph of the applicant taken by the police department.
(d) 
A full set of fingerprints of the applicant taken by the police department.
(Ord. 1286(SUB) § 5, 2011)
(a) 
An applicant for a chauffeur's license shall:
(1) 
Be at least 19 years of age.
(2) 
Possess a valid state of Alaska driver's license that permits the applicant to operate the vehicle that the person will operate under the license, and demonstrate familiarity with the traffic laws of the city of Kodiak and the state of Alaska.
(3) 
Possess a medical certificate establishing the applicant's health meets the minimum standards of 13 AAC 08.025(a)(1) through (8), or a valid state school bus operator's permit.
(4) 
Submit to a city-approved drug testing facility or contractor a urine sample to be tested for the presence of controlled substances.
(b) 
An application for a chauffeur's license shall be denied if the applicant:
(1) 
As of the date of application, has been convicted of any of the following under the laws of Alaska or any other jurisdiction, if less than one year has elapsed since the applicant's unconditional discharge on the most recent conviction:
(i) 
Traffic violations in a 12-month period totaling 12 or more points under Alaska statute.
(ii) 
Traffic violations in a 24-month period totaling 18 or more points under Alaska statute.
(iii) 
Driving while license is suspended or revoked.
(2) 
As of the date of application, has been convicted of any of the following under the laws of Alaska or any other jurisdiction, and less than five years has elapsed since the applicant's unconditional discharge on the conviction:
(i) 
Any offense against the person as set out in AS 11.41.
(ii) 
Any offense against property classified as a Class A felony as set out in AS 11.46.
(iii) 
Any offense against the family classified as a felony as set out in AS 11.51, or contributing to the delinquency of a minor as set out in AS 11.51.130.
(iv) 
Any offense against public administration classified as a Class A or B felony as set out in AS 11.56.
(v) 
Any offense against public order classified as a felony as set out in AS 11.61.
(vi) 
Any offense against public health and decency pertaining to gambling, which is classified as a felony or Class A misdemeanor, or pertaining to prostitution.
(vii) 
Any offense involving a controlled substance or imitation controlled substance as set out in AS 11.71 or 11.76.
(viii) 
Any attempt or solicitation classified as a Class A or B felony.
(3) 
At any time has been convicted under the laws of Alaska or any other jurisdiction of sexual assault in any degree, sexual abuse or offenses related to sexual abuse as stated in AS 11.41, homicide or robbery.
(4) 
Tests positive for the presence of one or more controlled substances in his or her urine, unless the applicant provides evidence that any controlled substance for which the urine sample tested positive was present in the applicant's urine as the result of having been prescribed by a state licensed medical doctor.
(c) 
An applicant denied a license the first time for testing positive for a controlled substance may not reapply for at least six months after the positive test. An applicant denied a license more than once for testing positive for a controlled substance may not reapply for at least two years after the most recent positive test.
(Ord. 1286(SUB) § 5, 2011)
(a) 
If the chief of police finds that a license application is complete, and meets all of the requirements in this chapter for the issuance of a license, the chief of police shall issue the license for the term provided in KCC § 5.40.320.
(b) 
If the chief of police finds that a license application does not meet all of the requirements in this chapter for the issuance of a license, the chief of police shall notify the applicant as provided in KCC § 5.40.350(a) that the chief of police intends to deny the license. If the applicant fails to cure the deficiency in the application within 10 days after the date of the notice, the chief of police shall deny the license. The applicant may appeal the denial of a license under this subsection to a hearing officer as provided in KCC § 5.40.350(c).
(Ord. 1286(SUB) § 5, 2011)
(a) 
A license is effective from the date of its issuance until it expires as provided in this section.
(b) 
The term of a license that is not issued to renew an existing license shall expire on the first day of the month of the licensee's first birthday that occurs more than 15 months after the date of issuance.
(c) 
The term of a license that is issued to renew an existing license shall expire two years after the date of the expiration of the existing license.
(d) 
Not later than 30 days before a license expires, the licensee may apply to renew the license. The renewal application shall contain the information required in KCC § 5.40.305, and shall be processed as provided in KCC § 5.40.315.
(Ord. 1286(SUB) § 5, 2011)
No licensee may:
(a) 
Operate a vehicle for hire without displaying the licensee's identification photograph or placard at a location in the interior of the vehicle that is visible to the passenger.
(b) 
Operate a vehicle for hire without the permit required by this chapter for such operation in full force and effect.
(c) 
Operate or remain in physical control for purposes of operating a vehicle for hire for a period of more than 12 consecutive hours, or for more than 16 hours in any 24-hour period. As used in this subsection "physical control" means having access to the vehicle and being available for dispatch.
(d) 
Consume any alcoholic beverage, or consume any controlled substance that impairs the ability to operate a motor vehicle, during working hours as a licensee or within four hours preceding the operation of a vehicle for hire.
(Ord. 1286(SUB) § 5, 2011)
(a) 
No licensee operating a taxicab may:
(1) 
Charge a fare different from that authorized by the applicable tariff approved by the council.
(2) 
Fail to display the applicable tariff in the taxicab in a manner so that it will be visible to passengers.
(3) 
Refuse to convey an orderly person or persons upon request and tender of the proper fare, unless currently engaged or unable or forbidden to do so by the provisions of this chapter or the laws of the state of Alaska.
(4) 
Transport or offer to transport additional passengers without the permission of any passengers then occupying the taxicab.
(b) 
A licensee operating a taxicab shall carry in the taxicab a legible trip sheet, on a form authorized by the city, for the licensee's current shift, and shall produce the trip sheet for inspection upon request of the chief of police or the chief's designee. The licensee shall enter the following information on the trip sheet:
(1) 
Immediately after going on duty, at the top of the trip sheet, the licensee's name and license number, the taxicab number, and the date.
(2) 
Immediately after picking up a passenger or group of passengers, the time and place of passenger pickup and the number of passengers transported.
(3) 
Immediately after discharging a passenger from the taxicab, the time of passenger delivery, the destination and the amount of the fare received.
(c) 
A licensee operating a taxicab shall submit all trip sheets prepared under subsection (b) of this section to the permittee under the permit for the taxicab at the end of the licensee's shift.
(Ord. 1286(SUB) § 5, 2011)
A licensee is subject to testing for controlled substances as provided in this section.
(a) 
Random testing. Up to one time during a calendar year, a licensee may be selected at random for testing. Within 12 hours after notice to do so, a licensee who is selected at random for testing shall report to a drug testing facility, collection point or contractor designated by the city and shall provide a sample of his or her urine to be tested for the presence of controlled substances. The chief of police will remove a licensee from the random testing pool upon the request of the licensee during any period that the licensee is not employed as an operator of a vehicle for hire in the city and surrenders his or her license to the chief of police.
(b) 
Post accident testing. A licensee who is involved in a traffic accident while operating a vehicle for hire in the city that results in (1) a fatality, or an injury to a person requiring medical attention other than at the accident scene, or (2) damage to a vehicle requiring that the vehicle be towed from the accident scene, shall provide a sample of his or her urine to be tested for the presence of controlled substances as soon after the accident as practicable, and in any event within 24 hours after the accident, unless prevented from doing so by injury. The city may require a licensee who is involved in a traffic accident while operating a vehicle for hire in the city that results in the citation of the licensee for a traffic law violation that is required to be reported under AS 28.15.191 or 28.37.130 to provide a sample of his or her urine to be tested for the presence of controlled substances as soon after the accident as practicable, and in any event within 24 hours after the accident, unless prevented from doing so by injury.
(c) 
Reasonable suspicion testing. A licensee shall provide a sample of his or her urine to be tested for the presence of controlled substances when requested to do so by a police officer who as a result of observing the licensee's speech, driving or other conduct has a reasonable suspicion that the licensee has been operating a vehicle for hire under the influence of a controlled substance or the combined influence of a controlled substance and alcohol.
(Ord. 1286(SUB) § 5, 2011)
(a) 
A licensee whose test under KCC § 5.40.335 is positive for a controlled substance shall be notified of the result, and within 72 hours after receiving such notification may:
(1) 
Request a retest of the urine sample which tested positive; and
(2) 
Provide evidence that any controlled substance for which the urine sample tested positive was present in the licensee's urine as the result of having been prescribed by a state licensed medical doctor.
(b) 
If a licensee's test under KCC § 5.40.335 is positive for a controlled substance, any retest under subsection (a)(1) of this section confirms the positive result, and the licensee fails to provide evidence under subsection (a)(2) of this section that each controlled substance for which the licensee tested positive was present in the licensee's urine as the result of having been prescribed by a state licensed medical doctor, the licensee's license will be suspended for six months after the first such positive test, and for two years after the second or subsequent such positive test. A license that is suspended under this subsection shall not be reinstated unless the licensee has passed a test for controlled substances equivalent to the test required of a license applicant after the suspension has expired.
(c) 
A refusal to submit to a test for controlled substances required under KCC § 5.40.335, or an attempt to adulterate a sample or sabotage or invalidate the results of such a test, shall have the same consequences as a confirmed, unexcused positive test result.
(Ord. 1286(SUB) § 5, 2011)
(a) 
The chief of police may suspend a license not more than 30 days for the first offense; not more than six months for a second offense committed within five years of the most recent previous offense; and not more than one year for any subsequent offense committed within five years of the most recent previous offense, if the licensee:
(1) 
Makes a false statement in the license application; or
(2) 
Violates a provision of this chapter or any other provision of city or state law; or
(3) 
Operates a vehicle for hire other than as authorized herein.
(b) 
The chief of police may suspend a license not more than 30 days for the first offense; not more than one year for a second offense committed within five years of the most recent previous offense; and not more than three years for any subsequent offense committed within five years after the most recent previous offense, if the licensee is convicted of an offense that would disqualify the licensee from obtaining a license under KCC § 5.40.310(b).
(c) 
The chief of police shall suspend or revoke a license upon suspension or revocation of the licensee's Alaska driver's license, for a period not less than the period of suspension or revocation of the licensee's Alaska driver's license.
(Ord. 1286(SUB) § 5, 2011)
(a) 
Except in the circumstances described in subsection (b) of this section, at least 10 days before denying, suspending or revoking a license, the chief of police shall mail to the applicant or licensee written notice of intent to deny, suspend or revoke the license, stating the grounds therefor. The notice shall state the time and place at which the city will hold a hearing on the license denial, suspension or revocation upon the licensee's written request, which time shall not be less than 10 days after the date the chief of police mails the notice.
(b) 
Notwithstanding subsection (a) of this section, the chief of police may suspend a license immediately if the chief of police has probable cause to believe that continued operation under the license presents a substantial hazard to public safety. The suspension shall remain in effect until the licensee demonstrates to the chief of police that the cause for the suspension has been corrected. Promptly after suspending a license under this subsection, the chief of police shall give the licensee written notice of the suspension, and of the licensee'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 licensee 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 license, a hearing officer designated by the city manager shall conduct the hearing at the time and place stated in the notice provided under subsection (a) of this section. 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 licensee 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 licensee and the chief of police a written decision whether to deny, suspend or revoke the license, 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 license.
(Ord. 1286(SUB) § 5, 2011)