Sec. 33-900. - Scope of instant article.

Holders of operating permits to operate taxicab services and drivers of taxicabs shall be governed by the provisions of the instant article in addition to all provisions found heretofore in Article I of this chapter.

(Ord. No. 82938, § 1, 9-28-95)

Secs. 33-901—33-908. - Reserved.

Sec. 33-909. - Business office.

A holder of an operating permit to operate taxicab services shall maintain a business office in a location other than a dwelling.

(Ord. No. 82938, § 1, 9-28-95)

Secs. 33-910—33-923. - Reserved.

Sec. 33-924. - Qualification as self-insurer.

In lieu of furnishing an insurance policy required under section 33-018 of this chapter, a taxicab service may qualify for and obtain, pursuant to article 6701h, section 334, Vernon's Ann. Civ. St., a certificate of self-insurance for the types of insurance and amounts of coverage required by this chapter. Should a holder opt for such self-insurance, however, proof thereof must be provided to the city clerk prior to commencement of any operations under this chapter. The holder must also meet the city's approved self-insurance requirements.

(Ord. No. 82938, § 1, 9-28-95)

Sec. 33-925. - Amount of insurance.

Except as otherwise provided by the holder's operating authority, the public liability and property damage insurance required by this chapter shall be the minimum amount. The state minimum amount shall be required for the following categories:

(a)

For damages arising out of bodily injury to or death of one person in any one accident;

(b)

For damages arising out of bodily injury to or death of two (2) or more persons in any one accident; and

(c)

For damages arising out of injury to or destruction of property in any one accident.

(Ord. No. 82938, § 1, 9-28-95)

Sec. 33-926. - Dispatch service license required.

No person, holder or dispatch service may knowingly dispatch taxicabs or provide radio service without first obtaining a dispatch service license from the director. A person commits an offense if he violates this section. A separate offense is committed each day during which an offense occurs. An offense committed under this section is punishable by a fine of not more than five hundred dollars ($500.00). Prosecution for an offense under this section does not prevent the use of the enforcement remedies provided in section 33-074 of this chapter.

(Ord. No. 82938, § 1, 9-28-95)

Sec. 33-927. - Number of vehicles for hire authorized.

The director may make studies and surveys concerning public convenience and necessity and may, from time to time, prescribe the number of vehicles for hire authorized for and operated by a holder in order to adequately provide ground transportation services in the city.

(Ord. No. 82938, § 1, 9-28-95)

Sec. 33-928. - Classification of vehicles for hire authorized taxicabs.

Holders shall operate taxicabs in the city in accordance with the terms and conditions of the type of operating permit issued. The types of operating permits authorized by this chapter shall be classified as follows:

(a)

City-wide shall serve the entire city except the San Antonio International Airport. May drop-off passengers at the airport. May pick-up passengers at the airport on an appointment basis only.

Citywide Taxicabs Requirements:

(1)

Each holder, owner, or driver shall remove from citywide service any taxicab which is eight (8) years of age or older or which has been in service for five (5) years or more, whichever occurs first, except that any vehicle purchased by the holder as a new production vehicle which has less than twenty thousand (20,000) miles of use at the time of purchase may remain in service for a period of six (6) years.

(2)

For purposes of this article, age of the vehicle shall be calculated from the first day of October of the model year.

(3)

For purposes of this article, age of the vehicle shall be calculated from the date of purchase if the vehicle is placed in service as a new production vehicle.

(4)

For purposes of this article, new production vehicle means any vehicle purchased within one (1) year of the first day of October of the model year.

(b)

Airport may serve the airport without service restrictions. A city-wide permit is a prerequisite for the issuance of an airport permit.

Airport Taxicab Requirements:

Each holder, owner, or driver shall remove from service at the airport any taxicab which is seven (7) years of age or older, or which has been in service as a taxicab for five (5) years or more, whichever occurs first.

(Ord. No. 82938, § 1, 9-28-95)

Sec. 33-929. - Number of taxicabs; authority to operate additional taxicabs.

(a)

A holder, within ninety (90) days after receipt of an operating permit, shall operate and maintain a city approved fleet of vehicles for hire consisting of the number of vehicles authorized and required by the permit agreement. A holder who has been issued seven (7) taxicab permits shall operate and maintain in service a minimum of three (3) taxicabs. A holder who has been issued more than seven (7) taxicab permits shall operate and maintain in service the total number of vehicles authorized by the permit agreement.

(b)

The number of vehicles authorized by the permit agreement and the number of vehicle permits issued pursuant thereto shall be reduced to reflect the actual number of vehicles the holder is able to operate and maintain in accordance with the provisions of this chapter, the operating permit, the permit agreement, and the rules and regulations of the director.

(c)

All applicants for permits or additional permits shall be eligible to receive only such additional taxicab permits as are necessary to meet the service needs of the city's population growth. The number of additional taxicab permits for each calendar year shall be determined by a ratio of one (1) taxicab per one thousand seven hundred (1,700) population within the legal boundaries of the city. The population figure for the city will be based upon the annual population estimate as determined by the planning department as of December 31 of the year preceding the allocation period.

(d)

Once the director has determined whether any additional permits are available for the city for a given year, applications may be obtained by current holders and new applicants by satisfying the requirements of sections 33-007 and 33-008. The applicants will be notified of the total number of operating permits to be allocated following the receipt of the population data by the director. Applications for additional permits shall be considered by the Taxicab Permit Allocation Committee (TPAC). The TPAC shall consist of three (3) members selected by the director. The TPAC shall also conduct interviews of the applicants. After consideration of the applications and interviews of the applicants, the TPAC shall grade the applications on a scale of 0 to 100. The TPAC shall then allocate the available permits to those applicants who scored 80 or greater. The allocation shall be made in a manner that is fair and equitable, that protects the public health and safety, that promotes the public convenience and necessity, and that respects the concept of free enterprise.

(e)

In addition to the requirements of subsections (c) and (d), other factors which may be relied on in determining eligibility for additional or new permits include, but are not limited to, whether:

(1)

One hundred (100) percent of the holder's authorized taxicabs passed the most recent scheduled semi-annual inspection;

(2)

During the first quarter (January through March) of the preceding year, a vehicle was in operation for each of the holder's authorized taxicab permits for at least thirty (30) days, and each vehicle had an overall utilization rate of seventy-five (75) percent; and

(3)

Within thirty (30) days of receiving notice from the director of intention to increase the number of taxicab permits, the holder submits a report verifying an overall utilization rate of seventy-five (75) percent for each of the holder's authorized taxicabs for the first quarter of the preceding year prepared by an independent certified public accountant licensed by the state, such rate being calculated by the following formula:

Permit Days Utilized = Sum of the number of days each authorized permit was in operation.

Permit Utilization Rate = Permit days utilized / (# of authorized permits × # of days in the period) × 100.

In determining the utilization rate, bona fide owner-operated vehicles will be considered to be in service one hundred (100) percent. Company owned daily lease vehicles are considered only when in service.

(4)

Holder has complied with this chapter and the taxicab rules and regulations of the city.

(f)

The holder's application for additional vehicle permits may be denied if any of the requirements of this section above are not met or if at any time during the 12-month period immediately preceding the application for additional permits the holder:

(1)

Has been a permit holder for less than one year;

(2)

Failed to pay a fine or fee owed within the time required by this chapter or the director;

(3)

Failed to maintain the license/permit bond or insurance required by this chapter;

(4)

Had a vehicle permit revoked or suspended; or

(5)

Has failed to assign any previously issued vehicle permits to a vehicle.

If a holder is denied a permit under this section or is disqualified from receiving additional permits, the number of additional permits to be allocated to each qualified holder will be recalculated.

(g)

A holder who is approved for additional vehicle permits shall execute an amended permit agreement authorizing the additional vehicles. The amended permit agreement shall supersede any such agreements previously executed between the city and the holder. The duration of the amended permit agreement shall be for the same period of time as provided for in the original permit agreement.

(h)

Additional vehicle permits shall be distributed to qualified holders within sixty (60) days of a reported deadline. A holder receiving additional vehicle permits shall, within ninety (90) days of the distribution of such additional vehicle permits, increase his total fleet to the new level as required by subsection (a).

(i)

Any applicant who scored eighty (80) or greater may appeal to a hearing officer the allocation of additional permits, but not the scores granted, by the TPAC. Said appeal must be filed no later than the tenth business day following the applicant's receipt of notification of the TPAC's allocation of additional permits. The appeal must be:

(1)

In writing;

(2)

Filed with the transportation manager; and

(3)

Accompanied by an appeal fee of one hundred dollars ($100.00).

If no appeal is filed, the allocation of the TPAC shall become final. The city manager shall appoint a hearing officer for such appeals. Said hearing officer is hereby authorized to affirm or modify the allocation of additional permits by the TPAC. The decision of the hearing officer shall be final. Should an appeal be filed, the additional permits allocated shall not be distributed until such time as the hearing officer issues a decision.

(Ord. No. 82938, § 1, 9-28-95; Ord. No. 2007-03-01-0234, § 1, 3-1-07)

Sec. 33-930. - Limited permits.

The director may approve operating permits which are limited in duration of time and/or limited to a specific geographical area of the city. Applicants for limited permits must submit all relevant information as set forth in section 33-914(a) and (b) and shall state specifically the appropriate time and/or the geographical limitations requested. In addition to the requirements set forth in this section, services operating pursuant to a limited permit shall:

(1)

Commence operations at the specified date approved by the department director and cease operations at the ending date approved by the director.

(2)

Pick up passengers only in the specified geographical area of the city approved by the director and shall not pick up passengers under any circumstances outside the specified geographical area;

(3)

Be allowed to transport passengers from a specified geographical area to points within or outside the area;

(4)

Prominently display on the vehicle the geographical area of the city in which the driver is authorized to pick up passengers; and

(5)

Be subject to each and every provision relating to the operation of a vehicle for hire as if granted a regular permit for the operation of a ground transportation service.

(Ord. No. 82938, § 1, 9-28-95)

Sec. 33-931. - Approval of accessible vehicle permits for operation of taxicabs.

(a)

The director may approve accessible permits for the operation of taxicabs that are accessible to passengers with disabilities. Such accessible taxicabs must:

(1)

Comply with all standards and requirements set forth in sections 33-062 through and including 33-069

(2)

Be equipped with mechanisms or devices to accommodate the boarding and deboarding of persons in wheelchairs and similar mobility devices and with mechanisms or devices to secure said wheelchairs and similar mobility devices during transit;

(3)

Meet all state and federal standards applicable to vehicles that are usable by passengers with disabilities; and

(4)

Be operated in a "city-wide" area, as defined in subsection 33-928(a).

(b)

A company or cooperative may hold three (3) accessible permits, plus one (1) additional accessible permit for each ten (10) non-accessible, non-limited permits held by said company or cooperative, not to exceed a total of twenty-five (25) accessible permits per company or cooperative. The number of accessible permits issued by the director shall be used to calculate the number of additional permits issued pursuant to section 33-929

(c)

The provisions of this section do not prohibit a holder of an operating permit from operating an accessible taxicab pursuant to a non-accessible permit.

(d)

Every driver operating an accessible taxicab as defined herein shall, whether pursuant to an accessible permit or not, first complete an instructional course approved by the director addressing the boarding, deboarding, and securing of persons in wheelchairs and other mobility devices.

(e)

Holders of accessible permits must ensure that the taxicabs operating pursuant to said permits give priority to customers requiring accessible taxicabs.

(f)

All other provisions of this chapter applicable to taxicabs apply to the operation of accessible taxicabs pursuant to this section where such provisions are not in conflict with this section.

(Ord. No. 94746, § 1, 10-18-01; Ord. No. 2011-03-31-0241, § 1, 3-31-11)

Sec. 33-932. - Hybrid taxicab replacement program.

(a)

The hybrid taxicab replacement program is hereby instituted. Pursuant to said program, an operating permit holder may annually replace combustion engine taxicabs with hybrid taxicabs and receive one additional permit for each replaced vehicle. Said additional permits may only be used to deploy a hybrid vehicle. Annually, an operating permit holder may receive no more than two (2) additional permits, unless one percent of the permit holder's authorized vehicles exceed two (2), in which case, the permit holder is entitled to receive additional permits in a amount representing one percent of the permit holder's authorized vehicles. A permit holder availing himself of the benefits of this program must keep in service for no less than five (5) years a hybrid taxicab that represents the replaced combustion engine taxicab; should the permit holder fail to do this, he must surrender the additional permit issued in connection with the replacement. A permit holder availing himself of the benefits of this program must deploy a hybrid taxicab for the life of the additional permit issued in connection with a replacement; should the permit holder fail to do this, he must surrender the additional permit.

(b)

An operating permit holder availing himself of the benefits of the hybrid taxicab replacement program must deploy the replacement hybrid taxicab within ninety (90) days of receipt of authorization for replacement from the director. An operating permit holder availing himself of the benefits of the hybrid taxicab replacement program must deploy the additional hybrid taxicab within one year of receipt of authorization for replacement from the director.

(c)

Hybrid taxicabs operated pursuant to the hybrid taxicab replacement program must comply with all standards and requirements set forth in sections 33-062 through and including 33-067, to the extent that those provisions do not conflict with the provisions of this section. All other provisions of this chapter applicable to taxicabs apply to hybrid taxicabs operated pursuant to the hybrid taxicab replacement program where such provisions are not in conflict with this section.

(d)

Hybrid taxicabs operated pursuant to the hybrid taxicab replacement program must be operated pursuant to a city-wide permit, as defined in section 33-928, and may be operated pursuant to an airport permit, as defined in section 33-928

(e)

When initially deployed pursuant to the hybrid taxicab replacement program, a hybrid taxicab may not have reached October 1 of the second year following its model year. A hybrid taxicab deployed pursuant to the hybrid taxicab replacement program may not be kept in service beyond September 30 of the seventh year following its model year.

(f)

If in effect at the time, the hybrid taxicab replacement program shall be suspended on December 31of each year. Whether in effect or not, the hybrid taxicab replacement program shall be reviewed by the director between January 1 and March 31 of each year to determine the necessity for continuing the program. The director shall hold a public hearing in connection with his review. No later than March 31 of each year, the director shall issue an order that the program be implemented for that particular year or that the program not be implemented for that particular year.

(g)

The number of additional permits issued pursuant to the hybrid taxicab replacement program shall be used to calculate the number of additional permits issued pursuant to section 33-929

(h)

The provisions of this section do not require that a hybrid taxicab be deployed pursuant to the hybrid taxicab replacement program.

(Ord. No. 2007-05-17-0559, § 2, 5-17-07; Ord. No. 2011-03-31-0241, § 2, 3-31-11)

Sec. 33-933. - Fees.

The following fees are hereby established:

(1)

Inspection of vehicle

Passenger capacity:

15 or less .....$42.00

More than 15 .....84.00

(2)

Driver permit .....11.00

(3)

Renewal of driver permit .....10.00

(4)

Replacement of lost driver permit .....17.00

(5)

Operating permit transfers (per vehicle) .....28.00

(6)

Driver transfers from one holder to another .....10.00

(7)

Limited taxi permit (time only/per month) .....25.00

(8)

Taxicab application .....110.00

(9)

*Citywide taxicab operating permit (per year/per vehicle) .....440.00

(10)

Airport operating permit (per year/per vehicle) .....150.00

(11)

*Additional citywide taxicab (per year/per vehicle) .....400.00

(12)

Dispatch license (per year) .....100.00

(13)

Additional dispatch channel (per year) .....25.00

(14)

Late permit payment .....28.00

(15)

Re-inspection .....28.00

All fees are due upon request of service and non-refundable.

* Fees for each vehicle authorized by the operating permit may be paid in four (4) equal installments which are due in advance on the first business day of January, April, July, and October of each year.

(Ord. No. 99741, § 13, 9-16-04; Ord. No. 101404, § 8, 9-15-05; Ord. No. 2008-09-11-0777F, § 8, 9-11-08)

Secs. 33-934—33-970. - Reserved.

Sec. 33-971. - Operating requirements—Taxicabs.

(a)

Every taxicab shall be operated as a unit of an effective operating group of sufficient number and equipped with such approved communication facilities for rendering satisfactory call service, unless expressly exempted by the director. This requires that owners of small fleets or single taxicabs shall operate as members of a city approved operating association or as independent contractors as provided for in this chapter.

(b)

A holder as defined in this chapter, other than an association or cooperative approved by the Director, shall own and maintain sole registered ownership of at least fifty (50) percent of all vehicles authorized under such holder's permit agreement.

(c)

Each member of an approved association or cooperative shall own and maintain sole registered ownership of one association or cooperative vehicle only.

(Ord. No. 82938, § 1, 9-28-95)

Sec. 33-972. - Driver as an independent contractor.

(a)

A holder may contract with a driver on an independent contractor basis if and only if:

(1)

Either the holder himself or the driver with whom he contracts is the owner of the vehicle for hire to be operated by such driver in the holder's ground transportation service.

(2)

The contract provides that the holder indemnifies the city and holds the city harmless for all claims and/or causes of action against the city arising from the acts or inactions of the driver;

(3)

The contract provides that the driver being contracted with is insured under the holder's insurance policy as required by this chapter; and

(4)

The contract imposes a condition that the driver must comply with the requirements of this chapter, rules and regulations established by the director, rules and regulations established by the city's director of aviation and all other applicable rules, regulations and laws and that failure to so comply may be considered by the holder as a material breech of the contract.

(5)

The holder provides to the transportation manager within two (2) business days, an itemized disclosure of all lease fees charged to each driver.

(b)

The form of the contract between a holder and driver must be approved by the director. The director may disapprove a contract form if he determines that the contract is inconsistent with this chapter, regulations established under this chapter, or other applicable law. A holder may not use a contract that has been disapproved by the director.

(Ord. No. 82938, § 1, 9-28-95)

Secs. 33-973—33-980. - Reserved.

Sec. 33-981. - Rate of fares.

TAXI RATES

(a)

Taxicab fare rates shall be:

Drop charge .....$ 2.50

Per mile .....2.25 ^[132]

Per hour wait time .....24.00

Per hour traffic delay .....24.00

(b)

Taxicab operators may charge a rate of twenty (20) percent below the maximum allowable set rate. Taxicab operators must file and receive approval from the director on any taxicab rate below the set rate at least ten (10) business days prior to the effective date of the lower rate. Taxicab operators must post rate signs on each vehicle as directed in this provision and rules and regulations of the director.

(c)

The minimum rate charge on any trip originating at the San Antonio International Airport shall be ten dollars and fifty cents ($10.50).

(d)

The minimum rate charge on any trip originating in the "downtown rate zone" shall be five dollars ($5.00). "Downtown rate zone" is the geographical area bounded by Interstate 37, traveling south from IH 35 to E. Houston St.; E. Houston St., traveling east to N. Cherry St.; N. Cherry Street, traveling south to Durango Blvd.; Durango Blvd., traveling west to Alamo St.; Alamo St., traveling south to Frio St.; Frio St., traveling north to W. Houston; W. Houston, traveling east to IH 35; IH 35, traveling north to IH 37.

(e)

Taxicab operators may charge an additional fee of $1.00 per trip for any trip originating between the hours of 9:00 p.m. and 5:00 a.m.

(f)

A driver or holder shall not charge a fare for operating a vehicle for hire that is inconsistent with the rates authorized in the operating authority.

(g)

A holder desiring to change the authorized rates of fare must submit a written request in accordance with this chapter.

(h)

The rates listed in the holder's operating authority must be strictly adhered to, and no change in rates may be implemented without written approval of the director.

(i)

The director may require a holder to display rates on or within a vehicle for hire in a manner prescribed by the director.

(j)

A per-mile fuel surcharge shall be added to the fares established by this section where the average price of regular unleaded gasoline is two dollars and twenty cents ($2.20) or greater. The per-mile surcharge shall be as follows:

Fuel surcharges shall become effective on January 1, February 15, April 1, May 15, July 1, August 15, October 1, and November 15 of each year and shall remain in effect until the following effective date. The average price of regular unleaded gasoline shall be based on the retail prices listed for regular unleaded gasoline by the oil price information service for the San Antonio area. The average price shall be calculated for the most recent six-week period ending no less than fourteen (14) days prior to the surcharge effective date.

(k)

Taxicab operators may charge an airport departure fee to the customer at a rate that is equal to the amount charged to the operator pursuant to section 3-46

(l)

Between January 1 and March 1 of every even-numbered year, the transportation advisory board shall review taxicab fare rates and make a recommendation to city council, no later than March 1, whether or not to adjust the rates in effect at the time of the recommendation.

(Ord. No. 82938, § 1, 9-28-95; Ord. No. 91950, § 1, 6-8-00; Ord. No. 97627, § 1, 5-15-03; Ord. No. 99377, § 1, 6-24-04; Ord. No. 101344, § 1, 9-1-05; Ord. No. 2008-06-19-0593, §§ 1—6, 6-19-08; Ord. No. 2011-03-31-0241, §§ 3—5, 3-31-11)

Secs. 33-982—33-985. - Reserved.