[Ord. No. 2005-1, 1-10-2005]
It shall be unlawful for any person to operate any taxicab within
the City, or for any owner to permit the operation of any taxicab,
unless a certificate of public convenience and necessity has been
issued for such taxicab in accord with the provisions of this article.
No license for the operation of any taxicab shall be issued until
such certificate has been issued.
[Ord. No. 2005-1, 1-10-2005]
Application, in duplicate, for a certificate of public convenience
and necessity shall be made to the Chief of Police by the owner or
proposed owner of a taxicab. Such application shall furnish the following
information:
(1) Full name, home and business address and business phone of the applicant.
(2) Financial ability and responsibility of the applicant.
(3) Proof of liability insurance on each taxicab to be used in the business.
(4) Number, kind, seating capacity, design and color scheme of each taxicab
to be operated.
(5) Convictions or pleas of guilty, if any, for violation of any law.
(6) Experience of the applicant in the transportation of passengers for
hire.
[Ord. No. 2005-1, 1-10-2005]
The application required by §
28-22 shall be filed with the Chief of Police by the owner or proposed owner of a taxicab or taxicabs. After such filing the Chief of Police shall investigate the matter, which investigation shall include obtaining a transcript of the motor vehicle record of the applicant. Within 30 days of receipt of the application the Chief of Police shall make a decision to grant or refuse to grant the certificate of public convenience and necessity. In making this decision the Chief of Police shall consider the adequacy of existing taxicab service in the City, the probable duration and quality of the service offered by the applicant, the financial status of the applicant, the experience of the applicant in transportation of passengers for hire and the number and character of vehicles proposed to be used by the applicant.
[Ord. No. 2005-1, 1-10-2005]
Upon determination by the Chief of Police to grant a certificate
of public convenience and necessity applied for under this article,
the Chief of Police shall issue such certificate to the applicant.
Such certificate shall contain the name of the owner, number, kind
and description of the vehicles to be operated thereunder and the
date of issuance and expiration of the certificate.
[Ord. No. 2005-1, 1-10-2005]
Certificates issued under this article shall not be transferable.
[Ord. No. 2005-1, 1-10-2005]
A certificate issued under this article shall become effective
on the day following the grant of the certificate by the Chief of
Police and shall expire at the end of five years thereafter unless
revoked or suspended.
[Ord. No. 2005-1, 1-10-2005]
No taxicab shall be substituted for a taxicab described in the
certificate of public convenience and necessity issued under this
article until investigated and approved by the Chief of Police and
endorsed on the certificate by him.
[Ord. No. 2005-1, 1-10-2005]
The Chief of Police may, for cause, cancel, revoke or suspend
any certificate of public convenience and necessity issued under the
provisions of this article, after notice to the holder of the certificate.
"Cause" shall include failure to meet any conditions under which the
certificate of public convenience and necessity was issued, failure
to comply with all applicable laws, ordinances, regulations and statutes,
the making of a material misstatement on the application for such
certificate or the cancellation of liability insurance policy on one
or more taxicabs owned by the holder of the said certificate.
[Ord. No. 2005-1, 1-10-2005]
In the event that the Chief of Police refuses to grant the certificate of public convenience and necessity or revokes such certificate, the applicant or holder of the certificate may appeal such action to the City Manager who shall uphold or reverse the decision of the Chief of Police based on the standards set forth in §
28-23 above within a period of 10 days from such appeal.