[Ord. No. 4924 §§1 —
2, 3-7-2005]
A.
No person
shall own or lease a vehicle for hire without first obtaining a certificate
of convenience and necessity for the operation of such vehicle. An
application for a certificate of convenience and necessity shall be
addressed to the Commission. This application shall be in writing,
verified by the affidavit of the applicant or, if the applicant be
a corporation, partnership or association of persons of any kind,
by its duly authorized officer or agent and shall state the following
facts:
1.
The
full name and address of the applicant and, if a partnership, the
names and addresses of all partners; if a corporation or association
of persons, the names and addresses of all the officers and directors
thereof;
2.
The
service category under which the applicant is proposing to provide
service;
3.
What,
if any, previous experience the applicant has had, or if the applicant
is a partnership, the partners therein have had or if the applicant
is a corporation or other association of persons, the officers and
directors have had, in the service category for which application
is made;
4.
The
number of vehicles the applicant desires to operate;
5.
The
color scheme proposed to be used;
6.
The
passenger capacity of each vehicle according to manufacturer's rating;
7.
The
type of vehicle for hire to be used, engine horsepower or identification
and description of other means of motivation and name of manufacturer.
[Ord. No. 4924 §§1 —
2, 3-7-2005]
Upon the filing of an application for a certificate of convenience
and necessity, the Commission shall conduct a hearing thereon to determine
the public convenience and necessity. Notice of this hearing shall
be given to all persons interested, including the owner of the vehicle
for hire, at least ten (10) days before the date set for the hearing.
The kind of notice, the place of hearing and all facts connected with
or relating to the hearing shall be determined by the Commission.
[Ord. No. 4924 §§1 —
2, 3-7-2005]
A.
The Commission
shall have power to issue or refuse to issue any certificate of convenience
and necessity as the public welfare, convenience or necessity may
require. In determining whether public convenience and necessity require
the certification of vehicles for hire for which application may be
made, the Commission shall take into consideration whether the demands
of the public require the proposed or additional vehicle for hire
service within the jurisdiction of the Commission; whether existing
vehicle for hire service is sufficient to properly meet the needs
of the public; the financial responsibility of the applicant; the
number, kind, type of equipment and the color scheme proposed to be
used; the increased traffic congestion and demand for increased parking
space upon the streets within the jurisdiction of the Commission which
may result and whether the safe use of the streets by the public,
both vehicular and pedestrian, will be preserved by the granting of
the additional certificate; and other relevant facts as the Commission
may deem advisable or necessary.
B.
If the Commission shall find that the public convenience and necessity requires the operation of additional vehicles for hire, the Commission shall issue its certificate to such effect. If the Commission denies the application, a notice of denial shall be mailed by certified mail to the applicant and shall state the procedure for appeal pursuant to Article XII of this code.
1.
There will be a moratorium on new certificates of convenience and
necessity from June 13 to September 13, 2003. (Adopted June 13, 2003)
2.
The moratorium policy on the issuance of certificates of convenience
and necessity for an on-call cab, airport cab or premium sedan is
extended to December 31, 2003. This moratorium does not apply to certificates of convenience and necessity on courtesy shuttles
that do not charge a fee. (Adopted August 8,
2003)
3.
The moratorium policy as outlined above is extended through June
30, 2004. (Adopted December 19, 2003)
[Ord. No. 4924 §§1 —
2, 3-7-2005]
No holder of a certificate of convenience and necessity may
sell, assign, lease or otherwise transfer the rights and privileges
granted thereunder to any other person without first having been granted
permission to do so by the Commission.
[Ord. No. 4924 §§1 —
2, 3-7-2005]
No person who has been granted a certificate of convenience
and necessity to operate vehicles for hire may discontinue all or
any of them without first filing with the Commission a statement,
verified by affidavit, of the number of vehicles he desires to discontinue
operating and the reasons therefor and obtaining permission from the
Commission to discontinue operation as set forth in the statement.
The withdrawal of any vehicle from operation for the purpose of conditioning,
overhauling or repairing shall not be considered discontinuing operation
under this Section.
[Ord. No. 4924 §§1 —
2, 3-7-2005]
Within sixty (60) days of the effective date of the code, the
Commission shall amend all existing certificates of convenience and
necessity to authorize only the number of vehicles for hire actually
in service. If a certificate authorizes more vehicles for hire than
are actually in service, the holder thereof may retain authority for
no more than forty (40) reserve vehicles. Notice and a right to be
heard concerning the number of vehicles for hire to be authorized
shall be given to each certificate holder within said sixty (60) days.
For the privilege of having authority for such reserve vehicles, the
holder of said certificate shall pay an annual fee of fifty-five dollars
($55.00) for each reserve vehicle in addition to any applicable vehicle
license or inspection fee.
[Ord. No. 4924 §§1 —
2, 3-7-2005]
Upon complete abandonment of vehicle for hire service for a period of ten (10) consecutive days, the Director shall recall the certificate of convenience and necessity after ten (10) days' notice sent by certified mail to the certificate holder and the holders of any vehicle licenses that were issued thereunder, which notice shall state the reasons for the revocation and the procedure for appeal pursuant to Article XII of this code. Upon notice thereof by the Commission to the Chiefs of Police of the City and the County and appropriate municipalities, such certificate and vehicle licenses shall be and stand revoked. No certificate or vehicle license shall thereafter be reinstated or renewed by the Commission until the owner or lessee has obtained a new certificate of convenience and necessity and vehicle licenses, with like effect as though the owner or lessee had never theretofore been granted the certificate and subject licenses.
[Ord. No. 4924 §§1 —
2, 3-7-2005]
A.
Except
as otherwise set forth below, every vehicle for hire shall be insured
and carry minimum motor vehicle liability insurance in the sum of
two hundred thousand dollars ($200,000.00) combined single limit for
any one (1) accident.
B.
A vehicle
for hire licensed by the City as of June 6, 2003, and insured as required
by City Revised Code Chapter 8.98 shall be insured and carry minimum
motor vehicle liability insurance in the following amounts:
1.
Before
January 31, 2004: The amounts required by Section 303.190, RSMo. 2000.
2.
Beginning
January 31, 2004: One hundred thousand dollars ($100,000.00) combined
single limit for any one (1) accident.
3.
Beginning
January 31, 2005: Two hundred thousand dollars ($200,000.00) combined
single limit for any one (1) accident.
C.
If the
minimum insurance requirements of the Missouri Motor Vehicle Financial
Responsibility Law exceed the amounts in this Section, such Missouri
minimum requirements shall automatically become the minimum requirements
of this Section.
D.
The insurance
shall be carried with a firm or corporation which has been duly licensed
or permitted to carry on such business in the State of Missouri and
shall be kept and maintained continuously in force and effect. Each
policy shall be endorsed to state that coverage will not be suspended,
cancelled or the limits reduced, except after receipt by the Director
of thirty (30) days' prior written notice. A verified copy of the
insurance policy shall be filed with the Director, with the certificate
of the insurer, that the policy is in full force and effect.
E.
It shall
be unlawful and a violation of this code to lease or operate a vehicle
for hire that is not insured to the extent required herein.
F.
In addition
to any other remedies, in the event any insurance required by this
Section lapses and is not immediately renewed, the certificate of
convenience and necessity and the vehicle licenses issued thereunder
shall be immediately suspended. Upon compliance with all provisions
of this code, the certificate of convenience and necessity and vehicle
licenses issued thereunder may be reinstated by the Director with
or without a hearing.
