It shall be unlawful for any taxicab to be operated within the territorial limits of the City without first having obtained a certificate authorizing such operation. This provision shall not, however, prevent any taxicab not holding a City certificate from terminating a fare within the City when such fare commenced outside of the jurisdictional limits of the City.
All certificates shall expire on April 30 of the year following which such certificates were granted, unless revoked, surrendered or abandoned at an earlier time as hereafter provided.
Any application for a certificate to operate one or more taxicabs shall be filed with the Police Department, in triplicate, on forms provided by the Police Department, which application shall be signed and sworn to by the applicant and shall contain the following information:
The name and address of the operator, legal business address of the company and, in the event that the operator is a partnership or operating under an assumed name, a certified copy of the certificate of partnership or assumed name filed with the County Clerk, attached to the application, or, in the event that the operator is a corporation, the names and addresses of all corporate offices and stockholders.
The number of vehicles for which a certificate is desired.
The New York State license number and the make, color, type, year of manufacture, serial number, company cab number and seating capacity of each taxicab for which application for a certificate is made.
The name and residence of the person to be in immediate and responsible charge of the operation of any such taxicabs.
Whether the applicant is or has been previously licensed as a taxicab owner or operator and, if so, in what jurisdiction.
Whether the applicant currently holds a taxicab license which has been suspended and, if so, for what cause.
Whether the applicant was the former holder of a taxicab license which has been revoked or suspended and, if so, for what cause.
Whether the applicant has been convicted of a crime or any traffic offense and, if so, a specific list of the particulars of each offense.
Whether the applicant is a defendant in any pending criminal action and the court where the action is pending.
Such other information as the Police Department deems necessary.
Taxicab operators will file with the Police Department a certificate of insurance or duplicate of an insurance policy on each and every vehicle for which an application is made. The policy shall name the City of Schenectady as an additional insured and shall be filed prior to the issuance of the permit. Such proof of insurance shall identify each vehicle covered by any such policy according to that vehicle's identification number. Such insurance shall be in conformity with the requirements of the State of New York as set forth in the laws governing the operation of taxicabs.
In addition to consideration of the information set forth in § 236-10, the Police Department shall require the following to exist prior to granting to such person a certificate for such taxicabs:
The operator thereof shall have complied with all of the provisions of this chapter.
The vehicle(s) for which application is made shall have successfully passed, within the previous six months, an inspection made by a person licensed by the State of New York to inspect vehicles.
The operator(s) is (are) a bona fide resident(s) of the State of New York and, if a corporation, organized in the State of New York and duly registered with the Secretary of State, with an office in the County of Schenectady and shall conduct the proposed business from a bona fide address within the county.
If the applicant is a current or former holder of a taxicab license which has been suspended or revoked, the cause of such suspension or revocation has been documented by the applicant to the City's satisfaction.
The color of any taxicab certified by the City shall not be the same color as any color already designated by the City to any other City certificate holder. The City may certify bicolored taxicabs, which shall not be the same two colors and pattern as any color already designated by the City to any other City certificate holder.
Provided that the applicant has complied with the requirements of this section and upon consideration of the information set forth in § 236-10, the Police Department may, in its discretion, grant to such a person a certificate for such taxicabs subject to conditions as the Police Department may deem necessary.
Upon approval and payment of the license fee hereinafter set forth, the Police Department shall issue a memorandum certificate for each taxicab, which memorandum certificate shall contain the official license number and the company taxicab number, together with the date of the license. The memorandum certificate shall be of a distinctly different color each year. Said memorandum certificate shall be affixed to the windshield of the vehicle licensed, adjacent to the required state certificate and so as not to interfere with the vision of the driver of the vehicle. Any licensee who defaces, obliterates or changes any official entry made upon his memorandum certificate or certificate of public convenience and necessity shall have said certificate revoked. Should the state license number of a taxicab be changed during the life of the license, said change and the number shall be immediately reported by the licensee to the Police Department.
The maximum number of certificates which can be issued in the City shall by set from time to time by resolution.
[Added 8-8-2016 by Ord. No. 2016-16]
Upon application prior to April 30 of each year, the Police Department may renew any certificate or cause a new certificate to be issued for the ensuing year, provided that all the requirements of this chapter have been complied with.
No certificate may be assigned or transferred until the Police Department, upon written application setting forth the purpose, terms and conditions of such assignment or transfer, shall, after investigation, approve the same.
Change of ownership of or title to any taxicab or taxicabs shall automatically revoke any certificate previously granted for the operation of such taxicabs unless permission for such change of ownership or title is first given by the Police Department. The purchaser of any such taxicab or taxicabs may not operate such vehicles as taxicabs until he has applied for and been granted new certificates in the manner provided for in this chapter.
Whenever the operator sells, destroys or transfers title to a motor vehicle used as a taxicab or for which a certificate or certificates have been granted and, within 15 days after such sale, destruction or transfer, purchases other taxicabs, the Police Department shall, as a matter of right, upon written application to the Police Department within 30 days of such purchase, issue a new certificate for the operation of no greater number of taxicabs than those so sold, destroyed or transferred, provided that such operator has complied with all of the provisions of this chapter.
Certificates required by this chapter may be suspended or revoked by the Police Department, at any time, in case:
The Police Department finds the owner's past record to be unsatisfactory.
The operator fails to operate the taxicab in accordance with the provisions of this chapter or amendments thereto.
The operator operated the taxicab or taxicabs at a rate of fare other than that established by the Council and stated on the rate card or permitted the operation of the taxicab(s) by a person not licensed under the provisions of this chapter as hereinafter provided.
The Police Department finds that any agreement of sale, conditional contract of sale or chattel mortgage entered into by the operator is made in fraud of creditors.
For any other reason which the Police Department may deem warrants suspension or revocation.
If the vehicle shall have been knowingly used for any immoral or illegal purpose.
Certificates which shall have been suspended or revoked by the Police Department shall, forthwith, be surrendered to the Police Department, together with the corresponding memorandum certificates, and the operation of any taxicab or taxicabs covered by such certificates shall cease.
[Amended 8-8-2016 by Ord. No. 2016-16]
The operator of each taxicab which is granted a certificate to operate within the City shall pay to the Police Department the sum of $500 for each vehicle so licensed; provided, however, that in the case of licenses issued on or after September 1, the fee shall be $250. Such fees shall be in addition to and not in lieu of any other license fees or charges established by proper authority and applicable to taxicabs in the City.
The Police Department shall keep a register of the name of each person owning or operating a taxicab certified under this chapter, together with the license number and the description and make of such vehicle, with the date and complete record of inspection made of it. Such record shall be open to the inspection of the public at all reasonable times.