[Ord. of 6-3-1997, § 3.1]
No taxicab license shall be issued unless and until the City
Council has held a public hearing and granted a certificate stating
that the public convenience and necessity requires the operation of
such taxicab. Each certificate of public convenience and necessity
shall indicate the number of taxicabs for which it is granted.
[Ord. of 6-3-1997, § 3.2]
Application for a certificate of public convenience and necessity
under this article shall be made on forms obtainable from the City
Clerk, approved by the City council. The application shall, among
other things, set forth:
(1) The name and address of the applicant;
(2) The number of taxicabs actually owned and the number of taxicabs
actually operated in the City by such owner on the date of application,
if any;
(3) The number of taxicabs for which a certificate of public convenience
and necessity is desired;
(4) A description of the color scheme, insignia, or other identifying
design for the applicant's proposed taxicabs, including a lighted
roof sign identifying each vehicle as a taxicab;
(5) Such other information as the City council may, in its discretion,
require; and
(6) A nonrefundable fee as established by the City council.
[Ord. of 6-3-1997, § 3.3]
The City council shall hold a public hearing within 30 days
of receipt by the City Clerk of the completed application for a certificate
of public convenience and necessity. The City Clerk shall cause written
notice of the date, time and place of such public hearing to be given
to the applicant and to be published in a newspaper of general circulation
within the City at least one time prior to the public hearing, with
the date of first publication to be at least seven days prior to such
public hearing. The applicant shall pay the cost of the notice.
[Ord. of 6-3-1997, § 3.4]
(a) Required findings. No certificate of public convenience and necessity
shall be granted under this article unless and until the City council
determines that the public convenience and necessity requires new
or additional taxicab service. Before making such a determination,
the City council shall find that:
(1)
There is a sufficient demand by the public for the proposed
additional taxicab service;
(2)
Existing mass transportation and taxicab services are inadequate
to meet such demand;
(3)
The benefits from such additional taxicab service outweigh potential
adverse effects upon traffic conditions and parking;
(4)
The financial responsibility, character, experience and ability
of the applicant are sufficient to operate the proposed taxicab service;
and
(5)
The proposed exterior color scheme, insignia, or other identifying
design does not imitate or conflict with any color scheme, insignia,
or other identifying design used on taxicabs already operating in
the City, or in municipalities adjacent to the City, in such a manner
as to be misleading to the general public.
(b) Burden of proof. The burden of establishing compliance with the standards provided in subsection
(a) of this section shall be upon the applicant.
[Ord. of 6-3-1997, § 3.5]
A certificate of public convenience and necessity issued under this article shall be effective for five years, subject to the contingencies set out in section
14-216.
[Ord. of 6-3-1997, § 3.6]
No certificate of public convenience and necessity issued under
this article may be sold, assigned, mortgaged or otherwise transferred.
Upon the sale or other transfer of a portion of a taxicab service,
the number of taxicabs authorized by the certificate of public convenience
and necessity shall be immediately reduced by the number of taxicabs
sold or otherwise transferred.
[Ord. of 6-3-1997, § 9.1]
The City council may, after notice to the owner and a public
hearing, revoke a certificate of public convenience and necessity
issued under this article if the City council finds that:
(1) A taxicab was driven for hire by a driver not having a valid taxicab
license, and the owner thereof had knowledge that such driver did
not hold a valid taxicab driver's license;
(2) The owner has consistently failed to have his vehicles inspected or to maintain insurance coverage as required under sections
14-252 and
14-253; or
(3) The taxicabs of the owner have consistently been operating in violation of sections
14-188 and 14-189 relating to taxistands and solicitation.