City of Canandaigua, NY Taxicabs

Chauffeur license. Be a duly licensed chauffeur authorized to operate a vehicle in the State of New York pursuant to the Vehicle and Traffic Law.

Age. Be 18 years old or over.

Physical condition. Be of sound mind and body and not subject to epilepsy, vertigo, heart disease, or any other infirmity of mind or body which might render the applicant incapable or unfit to safely operate a taxicab for hire.

Criminal record. Each applicant for a driver's license must not have been convicted of:

[Amended 2-1-2007 by Ord. No. 2007-005]

(a)

Any felony involving violence;

(b)

Driving while ability impaired or under the influence of alcohol, or illegal use or possession of drugs within the past 15 years;

(c)

Any offense or crime involving dishonesty within the past 10 years;

(d)

Any other felony within the past five years;

(e)

Any other misdemeanor within the past three years;

(f)

Any other offense or violation, within the past one year, provided that the City Manager may, upon good cause shown, relieve an applicant from the disability listed in this Subsection A(4)(f), but under no circumstances from a disability resulting from a conviction for any offense or crime listed in Subsection A(4)(a), (b), (c), (d) or (e) above.

Personal history statement. Shall complete, sign and file a sworn statement on such form or forms as shall be required by the Director of Public Safety, showing compliance with the requirements hereinabove set forth and such other information as shall be deemed necessary and reasonable by the Director of Public Safety in the interest of the public safety, health and welfare. Such additional information that may be required by the Director of Public Safety shall include, but not be limited to a statement giving the full name and place of residence of the applicant for five years prior to moving to the present address of the applicant, the applicant's age, height, color of eyes and hair, place of birth, whether or not the applicant is a citizen of the United States, whether married or single, places of previous employment for the last five years, whether the applicant has ever been arrested or convicted for commission of a felony or misdemeanor, whether he has been previously licensed as a driver or a chauffeur and if so, whether his license has been revoked and for what cause and the number of the chauffeur's license issued by the state and such statement shall be signed and sworn to by the applicant and filed with the Director of Public Safety. Any false statement by the applicant for a driver's license shall be promptly reported by the Director of Public Safety to the District Attorney of Ontario County. The Director of Public Safety is hereby authorized and empowered to require such additional information as he may deem necessary for the administration of this chapter.

Investigation. After receipt of an application, the Director of Public Safety shall institute an investigation of the applicant. A background check will be performed by the City of Canandaigua Police Department and Ontario County Sheriff's Department. Each applicant for taxicab driver's license shall furnish with such application at least two unmounted photographs of the applicant two inches by three inches in dimension which shall be a recent photograph and a substantial likeness. When the application form has been completed, the applicant shall submit himself to the City of Canandaigua Police Department to be fingerprinted. A copy of such fingerprints shall be forwarded to the New York State Division of Criminal Justice Services requesting a fingerprint search. The City shall secure from the applicant the required fee in the form of a check or money order made payable, as required, to the "New York State Division of Criminal Justice Services" in the amount of $12 to be forwarded with such prints. No license shall be issued under the provisions of this chapter until the Director of Public Safety has indicated, in writing, his approval thereof after such investigation has been completed.

[Amended 2-1-2007 by Ord. No. 2007-005]

(7)

Examination by Director. Each applicant for a taxicab driver's license may be examined by the Director of Public Safety or some person designated by the said Director as to the applicant's knowledge of the provisions of this chapter, the traffic regulations of the City, the vehicle and traffic laws of the state and the geography of the City.

[Amended 2-1-2007 by Ord. No. 2007-005]

(8)

Medical examination. A medical examination form must be completed by a licensed physician and submitted with each application.

[Amended 2-1-2007 by Ord. No. 2007-005]

Refusal of license. If the results of any of the examinations are unsatisfactory in the opinion of the Director of Public Safety, the applicant shall be refused a license. Such refusal by the Director of Public Safety shall be subject to review by the City Council of the City of Canandaigua.

Issuance of taxi driver's license.

[Amended 2-1-2007 by Ord. No. 2007-005]

Form and period of license. Upon the approval by the Director of Public Safety for the taxicab driver's license in accordance with the foregoing procedures, the Director is authorized to issue a taxi driver's license to the applicant. The license shall be in a form to be prescribed by the Director of Public Safety. Such license shall be rendered invalid if defaced, altered or obliterated in any way, or if any entry is made thereon by other than the Director of Public Safety or person duly authorized and designated by him. Such license shall be for a period to expire on the 31st day of December of the calendar year for which issued unless sooner suspended or revoked.

Renewals. Renewals shall be upon the same basis as a new application, provided the application is filed not less than 30 days.

Fees for driver's applications and licenses. Upon the filing of an application and as partial reimbursement to the City for the cost of investigation and processing of the taxicab driver's license, there shall be paid $50 upon filing of an original application and $25 for the annual application for renewal of an existing license which sum shall be paid by check, cash or money order to the City of Canandaigua, which sum shall be paid at the office of the Clerk/Treasurer. In the event that a taxicab driver's license is granted pursuant to such application, there shall be no additional charge but in the event that the license is denied, there shall be no entitlement to reimbursement thereof.

Replacement of lost license. In the event that a license described in this chapter has been lost, destroyed or stolen or otherwise requires physical replacement, the Director of Public Safety shall thereupon cancel the particular license number on the records of the department and upon the payment of a replacement fee of $10 issue to the licensee a new license.

§ 618-3 Taxicab licensing procedures.

[Amended 12-16-1999 by Ord. No. 99-007; 2-1-2007 by Ord. No. 2007-005]

No person who owns any motor vehicle shall cause or permit the same to be used as a taxicab within the City without having obtained and having, in full force and effect, a taxicab owner's license for such vehicle issued under the provisions of this chapter.

Taxicab owner's license application. Application for taxicab owner's licenses shall be made by the owner on forms to be furnished by the Director of Public Safety. The completed application shall contain or show the following:

Owner information. The name, age and residence of the person, or equivalent particulars, describing the business entity applying for the license and what, if any, previous experience the applicant has in such business and any other information that may be required by the Director of Public Safety.

Vehicle information. The number of motor vehicles owned by the applicant to be used as taxicabs, a description thereof and the state registration number of each vehicle.

Prior license history of owner. Whether the owner has been previously licensed to operate a taxicab in the City or elsewhere, and if so, the particulars relating thereto.

Prior license history of vehicle. Whether any license to operate the taxicab has ever been revoked or suspended and, if so, the particulars relating thereto.

Vehicle inspection. No taxicab license shall be issued until proof of a New York State inspection has been presented to the Director of Public Safety with respect to its equipment according to the standards of the Vehicle and Traffic Law of the State of New York without regard to the time within which the State of New York would ordinarily require the inspection of said vehicle, and that the said vehicle has been duly certified by the authorized inspection station to have the required equipment and be in the required condition for the issuance of the state motor vehicle registration for such vehicle. Upon the expiration of the New York State inspection, which occurs during the license period, proof of a new New York State inspection must be presented to the Director of Public Safety. If a valid New York State inspection is not received by the Director of Public Safety, the taxicab owner's license will be revoked.

Qualifications for issuance of taxicab owner's license. Upon completion of the investigation aforesaid, the Director of Public Safety is authorized to issue a taxicab license if he determines that:

The applicant has not made any material false statement or concealed any material fact in connection with his application.

Neither the applicant, any officer, director, stockholder or person directly or indirectly interested in the application, was the former holder or was an officer, director, stockholder or partner in a corporation or a partnership which was the former holder of a taxicab license which had been revoked or suspended.

Neither the applicant, any officer, director, stockholder or person directly or indirectly interested in the application, partner, or employee has been convicted of:

(a)

Any offense or crime involving violence, indecency, degeneracy, crime involving moral turpitude, or illegal use or possession of drugs;

(b)

Any offense or crime involving dishonesty, deceit, or gambling within the past 10 years;

(c)

Any offense or crime involving driving while ability impaired or under the influence of alcohol within the past eight years;

(d)

Any felony within the past five years;

(e)

Any misdemeanor within the past three years;

(f)

Any other offense or violation, within the past one year, provided that the City Manager may, upon good cause shown, relieve an applicant from the disability listed in this Subsection B(3)(f), but under no circumstances from a disability resulting from a conviction for any offense or crime listed in Subsection B(3)(a), (b), (c), (d) or (e) above.

The applicant is the true owner of the vehicle.

General ground for refusal. In addition, the taxicab owner's license may be refused for any reason which in the opinion of the Director of Public Safety may be deemed detrimental to the best interest of the general public both in welfare and safety, provided that in the making of such determination, the Director of Public Safety shall set forth his specific reasons for such disapproval. Such refusal by the Director of Public Safety shall be subject to review by the City Council of the City of Canandaigua.

Renewals of taxicab owner's licenses. The same procedures shall be followed as for original applications.

Taxicab owner's license fees. There shall accompany each application for a taxicab owner's license, cash, check or money order made to the order of the City of Canandaigua in the amount of $30 for each vehicle to be used as a taxicab to be paid at the office of the Clerk/Treasurer, which shall be a partial reimbursement to the City for the cost and expense for processing and the investigation thereof. In the event of the disapproval of any such application, there shall not be any entitlement to the reimbursement of any part of the fees. The fee for any such license shall be $30 per vehicle per calendar year.

Substitution of vehicle without change of owner. If during a calendar year, an owner licensee desires to substitute a vehicle for the one that has been licensed, he shall make application on a form provided therefor by the Director of Public Safety and upon the payment of a processing fee of $10, payable as aforesaid, at the time of making the application. The vehicle may be substituted, provided there is furnished proof that the said vehicle has within the 30 days last past been inspected with respect to its equipment according to the standards of the Vehicle and Traffic Law of the State of New York without regard to the time within which the State of New York would ordinarily require the inspection of said vehicle, and that the said vehicle has been duly certified by the authorized inspection station to have the required equipment and be in the required condition for the issuance of the state motor vehicle registration for such vehicle.

Substitution of owner. No license is assignable.

§ 618-4 Operating regulations.

Driver's rules. Every person while operating a vehicle licensed pursuant to this chapter shall:

Nondiscrimination. Not refuse or neglect to convey any orderly person upon request in the City of Canandaigua unless previously engaged or unable or forbidden by the provisions hereof to do so.

Handling of passengers. It shall be the duty of the driver of any taxicab to accept as a passenger any person who seeks to so use the taxicab, provided such person conducts himself in an orderly manner. No person shall be admitted to a taxicab occupied by a passenger without the consent of the passenger. The driver shall take his passenger to his destination by the most direct available route from the place where the passenger enters the cab.

Lost articles. Examine the interior of the vehicle after the termination of each trip for any articles left or lost in the vehicle and immediately take any such property to the desk officer at the Police Department of the City of Canandaigua, in compliance with the provisions of the Personal Property Law.

Accident reports. Report all accidents, as required by the Vehicle and Traffic Law, and report all accidents to the taxicab owner and in addition thereto, file a report of all accidents within 48 hours after the occurrence thereof with the Director of Public Safety. In making a report of accident to the Director, the form for the report shall be the same as is used for the filing of reports for the state pursuant to the Vehicle and Traffic Law, except that all accidents shall be reportable to the Director of Public Safety regardless of the amount of property damage or the amount of personal injury.

Change of residence. Report each change of residence within 10 days after such change to the Director of Public Safety.

Suspended, canceled or revoked license. Not operate any such vehicle while his taxicab driver's license or chauffeur's license is suspended or revoked or canceled.

(7)

License use and display. At all times while on duty, have displayed in the interior of the vehicle which he is operating, his taxi driver's license and accompanying photograph affixed thereto displayed in a place visible to any passenger in such taxicab. He shall not permit his license or photograph to be used by any person other than himself.

[Amended 3-28-1985]

(8)

Posting rates. The rates charged by the operator of the taxicab shall be prominently posted within the taxicab and within readable visibility of the fares of the taxicab.

(9)

Examination and testing. Submit upon reasonable notice at the request of the Director of Public Safety to a physical examination during any license year, to be conducted by a City appointed physician, at City expense, and to submit to the taking of a practical test supervised by a designee of the Director of Public Safety during the course of a licensed year, which said physical examination or a practical test mentioned aforesaid shall be over and above any requirement with regard to the making out of an application for a taxicab driver's license. The applicant shall sign a medical release so that such medical information may be provided directly to the City.

[Amended 2-1-2007 by Ord. No. 2007-005]

(10)

Cooperation with police. Not conceal any evidence of any crime, nor voluntarily aid violators to escape arrest. He shall report as soon as possible to police any unlawful act connected with his vehicle or any attempt to use his vehicle to commit a crime or escape from the scene of a crime.

(11)

Receipts to passengers. Upon request of a passenger, issue a receipt for fares paid by the passenger identifying the taxicab owner, cab identification number, date of trip, amount paid and be signed by the driver.

(12)

Courtesy. Be courteous to passenger and others.

(13)

Driver's seating. Not sit in any part of his vehicle except the driver's seat, and shall not permit anyone who is not a paying passenger to sit anywhere in the vehicle.

(14)

Referrals. Not solicit or recommend patronage for restaurants, bars, night clubs, dance halls, cabarets, hotels or like places or advise anyone that he is employed by any such place, nor shall be solicit or recommend any place maintained in violation of law.

(15)

Nonpaying passengers. Not permit any passenger in a taxicab except a paying fare passenger during such time as the taxi is being used for business purposes, or is being made available for the carrying of paying passengers.

Duties of owner. The owner of every vehicle licensed under the provisions hereof operating within the City, in addition to complying with all the conditions hereof, shall do and perform or cause to be done with respect to each vehicle operated hereunder, the following:

Vehicle cleanliness. The interior and exterior shall be kept in a clean and sanitary condition.

Safety inspection. Inspect the vehicle and its equipment at least daily, and make such repairs and alterations as may be required by the condition of the vehicle and not operate any vehicle until repairs or alterations are made to maintain safety of passengers and the public in general.

Authorized driver employees. Employ only drivers who present and have with them during the time of employment a currently valid City of Canandaigua taxi driver's license.

Reports on driver. Report any driver to the Director of Public Safety who would in the opinion of the owner not be qualified to hold a driver's license, stating the reason therefor.

Municipal inspections. Submit vehicles for inspection whenever required by the Director of Public Safety or his designee.

Taxicab sign. Every taxicab, while operated as a taxicab, shall have on each side or on top a sign not less than 11 inches in length and 4 1/2 inches in height stating the work "taxi" and also, at the option of the licensee, the name of the licensee operating it. This sign may be a removable sign and may be removed if the vehicle is not being used as a taxicab.

(7)

Advertising limitations. No advertising for political purposes is permitted externally or internally on any taxicab.

(8)

Interior light. Provide each taxicab with sufficient interior light so that when the door of the taxicab is open, the light shall automatically operate.

(9)

Employer's driver list. Maintain and furnish current lists of driver employees with the Director of Public Safety.

(10)

Driver delinquency reports. The owner shall furnish reports to the Director upon the discharge of any driver where the discharge is based on the conduct of the driver in violation of this chapter.

(11)

Driving hiring procedure. The owner further shall make inquiry at the office of the Director of Public Safety prior to hiring any driver in order to ascertain that the driver has a current City of Canandaigua taxi driver's license.

(12)

Vehicle transfer. Shall promptly report to the Director of Public Safety the transfer of ownership of any vehicle licensed hereunder and concurrently shall turn in to the Director the taxicab license issued for the use of such vehicle.

(13)

Abandonment. If any taxicab owner licensee shall fail to operate any or all of the taxicabs covered by his license for a period of 30 consecutive days, his license may be revoked by the Director of Public Safety as to such taxicabs.

(14)

Supervisory responsibility. Shall be responsible for diligently supervising his employees to assure compliance by them with this chapter. The failure to do so may be cause for revocation or suspension of the owner's taxicab license or licenses.

§ 618-5 Suspension, cancellation, revocation and refusal to renew or issue a license.

Reasons. The Director of Public Safety may suspend cancel or revoke a taxicab driver's license or taxicab owner's license and may refuse to approve an application or a renewal thereof for any of the following reasons:

Convictions. The conviction of the applicant or licensee of a felony or of any crime or offense involving violence, dishonesty, deceit, indecency, degeneracy, moral turpitude, gambling, frequent public intoxication, the illegal use, sale or possession of drugs or violations of the Vehicle and Traffic Law of the State of New York or ordinances of the City of Canandaigua.

False applications. The licensee or applicant has made a material false statement or concealed a material fact in connection with the application for a license or the renewal thereof.

Violations. The licensee has violated any of the provisions of this chapter.

True ownership requirement. The applicant is not the true owner of the vehicle or taxicab business.

Prior revocation or suspension. The applicant, any officer, director, stockholder, or partner or any other person directly or indirectly interested in the application for a taxicab license was the former holder, or was an officer, director, or partner or stockholder in a corporation or partnership which was the former holder of a taxicab license which had been revoked or suspended.

Unfit applicant or licensee. The applicant, in the opinion of the Director of Public Safety, is not fit to be a licensee hereunder, in the best interest of the general public welfare and safety, or for specific breach of one or more of the requirements of this ordinance.

Hearings.

Action without notice. Any suspension, cancellation or refusal to renew a license made hereunder shall be by written notice issued by the Director of Public Safety to the applicant or licensee. The said notice shall include a statement that the applicant or licensee is entitled to demand a hearing provided that such demand is made in writing to the Director and such hearing shall be conducted within two business days after the imposition of such suspension or cancellation of a license hereunder if less than seven days' prior notice thereof has been given.

Action with notice. Where prior notice of at least seven days has been given with respect to a proposed suspension or cancellation of a license, a hearing shall be held within seven days after receipt of written demand.

Demand for hearing. Any demand for a hearing must be made within 30 days after mailing of the notice of suspension, revocation or refusal to renew a license.