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HomeMy WebLinkAboutItem 8.4 Taxicab Permits (2) DUBCUL) AGENDA STATEMENT Meeting Date: August 23, 1982 049 O SUBJECT : Request for Taxicab Permits EXHIBITS ATTACHED : Memorandum from City Attorney dated July 6, 1982; Memorandum from Tom Shores dated August 2, 1982; Ordinance regulating taxicab operation. RECOMMENDATION : Direct Staff to notify interested applicants for taxicab 7).4" permits with respect to taxicab permit process. FINANCIAL STATEMENT: None ti DESCRIPTION : The City has received inquiries from two individuals regarding conducting a taxicab enterprise within the City of Dublin. In accordance with established ordinances, the Sheriff is responsible for issuing an owner's permit to applicants desiring to operate a taxicab within the City of Dublin. Other than the permit fee, which is collected by the Sheriff, no other fee is involved. Staff has reviewed the regulations and the process for issuing a permit to operate a taxicab within the City, and is of the opinion that the existing process provides adequate protection to the City. Unless the City Council is interested in changing the requirements for issuing taxicab permits, it would be Staff's recommendation that the City Council direct Staff to notify the interested applicants to utilize the existing permit process. A. / ` Copies To: TTCM Jfl [ 1. LT litHE CITY OF DUBLIN 0 Y.O. Box 2340 Dublin,CA 94566 (415) 829-3543 MEMORANDUM July 6 , 1982 TO: City Manager FROM: City Attorney RE: Taxi Cab Franchise By reason of the Adoption and Continuance in effect of the Alameda County ordinances , Dublin has the authority to permit a taxi business in the city. Attached hereto is a copy of the applicable Alameda County ordinances . There is no limit to the number of taxi businesses that can be operated in Dublin. Obviously, competition and market demand will control the pumber of applicants for taxi permits for Dublin. The Sheriff ' s Department issues owners ' and drivers ' permits and charges fees therefor. The Sheriff also approves the rate schedule used by the operator. Under the present County ordinance , Dublin would receive no fees from the taxi operation. In the event that you advise the interested operator to apply to the Sheriff for the necessary permits , you should contact the County Public Works Department for the purpose of determining the appropriate location for a taxi stand as defined in S6-490 . - ALAMEDA COUNTY SHERIFF'S DEPARTMENT From Tom Shores Date 8-2-82 To Richard Ambrose PROPOSED PROCEDURE FOR TAXICAB PERMITS Subject, Title 11 , chapter 6, article 2-54,0 thru 2-54.6 of the County Ordinance sets out the permit process for taxicab owners and drivers. Suggested procedures to meet these ordinances are as follows: 1. Owner, operator and driver must submit a personal history that includes: A. full name of applicant B. date of birth (drivers must be over 21 yrs old) C. current address and past addresses for ten years D, drivers license number E. criminal record, if any 2. Owner must submit taxicab(s) to a safety inspection that includes: A. brake inspection B. lamps, lights (interior and exterior) C. mechanical operation D. interior 3. Owner must submit proof of liability insurance coverage. 4. Drivers must obtain a valid Calif. class 11 drivers license. 5. Owners, operators and drivers must be fingerprinted. 6. Owners, operators and drivers must furnish a recent 2' by 4" full face photograph. Police will do a background check on the applicants. If there are no felonies or moral turpitude criminal convictions and the applicant hasn't suffered any drunk driving convictions or other vehicle operated misdemeanors within a two year time period, a permit card will be made that has the applicants name and photograph displayed. The permit can then be issued to the applicant when applicant/owner meets the provisions of Title 11 , chapter 6, article 1 sections 2-52.0 thru 2-52.7. These are sections that define terms and require taxicabs to keep waybills, have a taximeter, have a schedule of rates and post rates and identification (permit card) in taxicab in plain view of passengers. page one of two ML 37 (REV 8.71) IQ The taxicab inspection should be done by' a competent garage at the applicants expense. Fingerprinting can be done at either the Dublin Station or at the Eden Township Station. The fingerprint cards are then filed for any future needs. The actual making of a permit card with photograph can be done at the Eden Township Station. If the fingerprinting and permit card making are done by E.T.S. , there will be a fee charged for this service above any fees the City of Dublin may want to charge for the permit proper. } page two • { Chapter 6 - Taxicabs Article 1 - General Article 2 Permits /i (.../ , ^/ • 6/ ) ( 0 Article 1 General 4 2-52.0 Taxicab defined. 4 2-52.1 Owner defined. 4 2-52.2 briver defined. 4 2-52.3 Insurance required. 6 2-52.11 Keeping waybills required. 2-52.5 Taximeter. 4 2-52.6 Schedule of rates. 4 2-52.7 Owner's identification and rates to be displayed in . vehicle. p Article 1 General 9 2-52.0 Taxicab defined. "Taxicab" is an automobile or other motor propelled vehicle used in the transportation of passengers for hire over the public highways of the unincorporated area of the County of Alameda and not over a defined route or upon a fixed schedule. (Based on sec. 1, Ord. 232 N.S. ) 2-52.1 Owner defined. "Owner" is any person, firm or corporation having use or control of any taxicab, as herein described, whether as owner, lessee or otherwise. (Based on sec. 1, Ord. 232 N.S.) 2-52.2 Driver defined. "Driver" is any person in charge of, driving or operating any taxicab, as herein described, either as an agent, employee, or otherwise. (Based on sec. 1, Ord. 232 N.S.) 4 2-52.3 Insurance required. It shall be unlawful for any owner to drive, operate, or cause or permit to be driven or operated, any taxicab in the unincorporated area of the County of Alameda without maintaining ability to respond in damages as required by Section 418.3 of the Vehicle Code. (Based on sec. 1, Ord. 232 N.S.) 2-52.4 Keeping waybills required. The driver of every taxicab shall keep a separate waybill of every service rendered as such driver, which waybill shall include the following information: (1) Location where passengers entered vehicle; (2) Time of entry; (3) Number of passengers; (4) Location where passengers were discharged; and (5) Amount of fare collected. '1 The owner of every such taxicab shall keep said waybills in his office files for a period of ninety (90) days after date of service rendered and the same shall at all convenient times be open to examination by any authorized representative of the sheriff. The falsifying of any waybill by an owner or by a driver shall be grounds for revocation of his permit. (Based on sec. 1, Ord. 232 N.S.) 4 2-52.5 Taximeter. Every taximeter used by any taxicab in the unincorporated territory of the County of Alameda shall be of a type and design approved by the sheriff and shall be so located in the taxicab as to render its figures visible to the passengers. No other fare shall be charged than is recorded on such taximeter. Such taximeters shall be subject to inspection from time to time by the sheriff and the sheriff shall compel the owner to discon- ' tinue the operation of any taxicab in which-the taximeter is found to calculate inaccurately, until such taximeter shall be replaced with one approved by the sheriff or shall be adjusted to his satisfaction. Every taxicab operating in a city which has a local ordinance requiring a taximeter shall use the taximeter and charge the fares required in such city when going into the unincorporated �} areas of the County of Alameda. If on any such trip the owner shall impose a surcharge or excess mileage charge over and above the meter rate, such surcharge or excess mileage charge shall not be in excess of the surcharge or excess mileage charge established by the owner and posted in the vehicle in the passenger compartment. (Based on sec. 1, Ord. 232 N.S.) 2-52.6 Schedule of rates. The owner of every taxicab shall at all times keep on file with the sheriff an up-to-date schedule of rates of fares charged for carrying passengers, which rates shall be approved by the sheriff before becoming effective, and it shall be unlawful to charge other than the schedule of rates of fares, surcharges or excess mileage charges filed with the sheriff. The driver of any taxicab shall give a receipt, upon request of any passenger, for the fare paid by such passenger. (Based on sec. 1, Ord. 232 N.S.) • 2-52.7 Owner's identification and rates to be displayed in vehicle. Every taxicab shall have conspicuously displayed in full view of the passenger, or passengers, a card not less than 2" x 4" in size which shall have stated thereon the name of the owner, the address and telephone number of the business, the owner's identification number of such vehicle and also the rates of fares to be charged for the use of such vehicle. (Based on sec. 1, Ord. 232 N.S.) Article 2 Permits 4 2-54.0 Owner's permit to operate taxicab. 2-54.1 Same: Application for owner's permit. 2-511.2 Same: Action on application. 2-511.3 Driver's permit to operate taxicab. 2-54.11 Same: Application for driver's permit. 2-54.5 Same: Action on application. 4 2-511.6 Appeal to Board of Supervisors. Article 2 Permits 2-51 .0 Owner's permit to operate taxicab. It shall be unlawful to engage in a business of operating any taxicab within the unincor- porated area of the County of Alameda unless the owner has in his possession at the time of such operation a valid, unrevoked owner's permit, in writing, from the Sheriff of the County of Alameda. (Based on sec. 1. Ord. 232 N.S.) E 2-54.1 Same: Application for owner's permit. Applicant for such. permit shall file application therefor 4ith the Sheriff which shall contain the following information: (a) The name or names and address of all persons who have -- _ any interest in the business. (b) The number of taxicabs proposed to be operated and facts to prove that public convenience and necessity require such public transportation. (c) The name under which said business is to be operated and the distinguishing color scheme or design intended to be used upon his or its taxicab or taxicabs. (d) The address at which the business is to have its princi- pal office. (e) A statement from each person interested in the business as to all convictions, if any of crimes involving moral turpitude. (f) Such other information as the Sheriff may require before said permit is granted. (g) All persons interested in the operation of the business for which the permit is requested shall be fingerprinted by the Sheriff's office. Permit fees therefor shall be charged by the Sheriff in the amount established by resolution of the Board of Supervisors upon recommendation of the Sheriff. (Based on sec. 1, Ord. 232 N.S. ; amended by sec. 1, Ord. 75-98) g 2-54.2 Same: Action on application. The sheriff shall issue the permit applied for herein if he is satisfied that the requirements of Section 2-51 .1 are fully filled; that all persons interested in the operation of the business are of a good moral character, that the equipment to be used is in good mechanical condition and will be operated with due regard for the safety of the public, and that such transporting is necessary to meet the public need. The Sheriff may revoke or suspend any owner's permit to operate a taxi- cab for violation of any state law or provisions of this code relating to traffic or use of streets or for failure to pay any judgement for damages arising from the unlawful or negligent oper- ation of the taxicab for which the permit was issued, or for con- viction of a felony, or for violation of any narcotic law, or any penal law involving moral turpitude. • No such owner's permit issued hereunder shall be transfer- able in any event. (Based on sec. 1, Ord. 232 N.S.) 2-54.3 Driver's permit to operate taxicab. It shall be unlawful for any driver to drive or operate any taxicab in the unincorporated area of the County of Alameda without having in his possession a permit in writing from the Sheriff of the County of Alameda, and �• ' without the owner of the taxicab having obtained a permit as herein required. (Based on sec. 1, Ord. 232 N.S.) E 2-54.4 Same: Application for driver's permit. Applicants for such permit shall file applications therefor with the Sheriff on a form fur- nished by the Sheriff which, when completed, will contain full personal information concerning the applicant. Permit fees therefor shall be charged by the Sheriff in the amount established by resolution of the Board of Supervisors upon recom- mendation of the Sheriff. (Based on sec. 1, Ord. 232 N.S. ; amended by sec. 1, Ord. 75-98) • 2-511.5 Same: Action on application. Upon application for a driver's permit, and before it shall be issued, the driver, whether the owner or otherwise, must evidence a proficient knowledge of the traffic laws of the State of California and demonstrate his ability to operate the type of vehicle for which the driver's permit is sought. Upon satisfying the foregoing requirements, said driver shall be fingerprinted and photographed and his record filed in the sheriff's office. Every driver's permit issued hereunder shall set forth the name of the owner by whom said driver is employed and shall be valid only so long as he continued in the employ of 0 such owner. No such driver's permit shall be granted to any person under the age of 21 years. Such driver's permit may be denied, suspended or revoked upon substantial evidence of facts of either physical or moral deficiencies of the applicant or permittee which would render such person imcompetent to operate a taxicab. No such driver's permit issued hereunder shall be trans- ferable in any event. (Based on sec. 1, Ord. 232 N.S.) 4 2-54.6 . Appeal to Board of Supervisors. If the applicant or permittee is dissatisfied with the action of the sheriff in passing upon rates of charges, in refusing, suspending or revoking the per- . mit provided for herein, such person may appeal to the Board of Supervisors from such action by the sheriff by filing a notice of appeal in writing with the County Clerk no more than ten (10) days after the action of the sheriff becomes effective. The County Clerk shall transmit the appeal to the Board of Supervisors forth- with and the Board of Supervisors shall set the matter for hearing within thirty (30) days from the date of receipt of such appeal. The Board of Supervisors shall cause written notice of the time and place of the hearing to be mailed to the applicant or permittee so appealing and the sheriff at least ten (10) days prior to the date set for the hearing. The Board of Supervisors may either sustain, reverse or modify the action of the sheriff in refusing, suspending or revoking the permit. (Based on sec. 1, Ord. 232 N.S.) • • CC Meeting: August 23, 1982 Exhibit Missing: Ordinance Regulating Taxicab Operations