§ 5.72.020. Certificates of public convenience and necessity required.

A.

Applications. It is unlawful for any person to engage in the business of operating any taxicab in the city without first having obtained from the council a certificate of public convenience and necessity. All persons applying for such certificates shall file with the council a verified application which shall set forth the following:

1.

The name and address of the person making the application;

2.

If, at the time of making the application, such person is actually operating a taxicab service in the city, the number of taxicabs owned and operated therein by the applicant;

3.

The number of vehicles for which a certificate of public convenience and necessity is desired;

4.

The make, type, year of manufacture, and passenger seating capacity of each taxicab for which the application for such certificate is made;

5.

A description of the proposed color scheme, insignia, or any other distinguishing characteristics of the taxicab. In this respect, no two taxicab companies shall have the same color scheme; and

6.

Such other information as the council may require.

B.

Applications—Hearings. Upon the filing of the fully completed application for the certificate of public convenience and necessity, the city clerk shall fix the time for a public hearing thereon before the council for the purpose of determining whether the public convenience and necessity require the proposed taxicab service. No certificate shall be granted until the council shall, after the hearing, declare by resolution that the public convenience and necessity require the proposed taxicab service.

C.

Applications—Hearings—Notices. Notice of the time and place of the public hearing before the council shall be published once in a newspaper of general circulation in the city ten (10) days prior to the hearing. The cost of such publication shall be at the expense of the applicant.

D.

Determination—Criteria. In determining whether the public convenience and necessity require the taxicab service for which the application is made, the council shall investigate and consider:

1.

The demand of the public for additional taxicab service;

2.

The adequacy of the existing taxicab service;

3.

The financial responsibility and experience of the applicant;

4.

The number, make and type of the equipment and the color scheme to be used; and

5.

The effect which additional taxicab service may have on traffic congestion and parking and whether such service will result in a greater hazard to the public.

E.

Issuance. If the council shall, by resolution, declare that the public convenience and necessity require the additional taxicab service, a certificate to that effect shall be issued to the persons entitled thereto; provided, however, the council may, at its discretion, determine the character and number of permits to be granted to furnish necessary service; and, provided, further, no certificate authorized pursuant to the provisions of this chapter shall be issued to any person who shall not have fully complied with all the necessary requirements of this chapter.

F.

Cancellation. If the service permitted pursuant to the provisions of this chapter is for any reason discontinued for a period of forty-five (45) days, the certificate granted shall be automatically cancelled and shall be restored only in accordance with the provisions of this section.

G.

Sales and Transfers. If an owner sells or transfers title to a taxicab for which a certificate has been issued, or in the event a taxicab for which a certificate has been issued has been destroyed, such owner shall be entitled, as a matter of right, upon written application to the council made within fifteen (15) days after such sale, transfer or destruction, to have a new certificate issued, but for no greater number than sold, transferred or destroyed, provided such owner has complied with all the provisions of this chapter.

H.

Revocation and Suspension. The council may, at any time, revoke or suspend the certificate granted on the following grounds or any of them:

1.

If the owner's record is unsatisfactory;

2.

If the owner fails to operate taxicabs in accordance with the provisions of this chapter;

3.

If the owner discontinues or suspends operations of taxicabs for a period of thirty (30) days without permission first had and obtained; and

4.

If taxicabs are operated at a rate of fare other than that filed with the city clerk.

I.

Surrender. All certificates which shall have been suspended or revoked by the council shall be surrendered to the city clerk.

(Ord. 556 § 1C, 2004; prior code § 5-10.02)