Sec. 41-60. - Certificate required for operation as a taxicab; violation.

(a)

Except as otherwise provided in this article, it shall be unlawful for any person to operate or cause to be operated any vehicle as a taxicab in the city unless a valid certificate for its operation as such has been issued by the chief of police.

(b)

It shall be unlawful to operate or cause to be operated any such vehicle under an expired, suspended, or revoked certificate.

(c)

It shall be unlawful to operate or cause to be operated any vehicle as a taxicab unless the certificate or a copy of the certificate authorizing its operation as such is located in the taxicab and immediately available for presentation to any member of the public, any law enforcement officer, or any taxicab inspector requesting same.

(d)

It shall be unlawful for any person to knowingly make or cause to be made, either directly or indirectly, any false statement on an application for a certificate required under the provisions of this division.

(Ord. No. 6428-07, § 1)

Sec. 41-61. - Required; renewal; exception.

(a)

A person desiring to operate a vehicle as a taxicab within the city shall apply to the chief of police for a certificate to do so.

(b)

The initial certificate issued to a person pursuant to the provisions of this division shall expire on the last day of the calendar month, one (1) year following its issuance. In the event the certificate holder desires to renew the certificate, he must file a renewal application at least ten (10) business days prior to the expiration of the existing certificate. In the event a renewal application is not filed prior to such ten-day period, the procedure required for new certificates shall be followed by the applicant, and the then existing certificate shall expire according to its terms.

(c)

If the chief of police denies the initial application for a certificate or any renewal thereof, the applicant may appeal the decision pursuant to section 41-72 of this Code.

(d)

Notwithstanding other provisions of this article, taxicabs operating under a lawful certificate, or the equivalent, from another locality may transport passengers from outside the city to a destination within the city; but may not pick up passengers in the city unless such other locality has been granted reciprocity by the chief of police in accordance with section 41-44 of this chapter, and such other locality provides reciprocity to taxicabs operating under certificates issued by the city.

(Ord. No. 6428-07, § 1; Ord. No. 6851-12, § 1)

Sec. 41-62. - Filing and contents of application.

(a)

Any person desiring a certificate required by this division shall file an application therefore with, and on forms provided by, the chief of police. Such application shall set forth at least the following information:

(1)

The applicant's name, business address, and business telephone number in the city.

(2)

The trade name under which the applicant proposes to do business in the city.

(3)

The location of the premises in the city from which the applicant proposes to operate its business.

(4)

The number of vehicles the applicant desires to certificate.

(5)

The seating capacity of each vehicle.

(6)

The coloring, lettering or marks to be used on each vehicle.

(7)

The make, model, and vehicle identification number of each vehicle.

(8)

Written permission for the chief of police to conduct necessary criminal history and motor vehicle records checks for initial applications and all renewals.

(9)

Any other information which may be required by the chief of police as necessary for consideration of the application.

(b)

Applications for renewal certificates shall be filed with and on forms provided by the chief of police, and such applications shall include information the chief of police requires to adequately consider such renewal application.

(c)

The application shall be made under oath by the applicant or an authorized representative of the applicant in the event the applicant is a partnership, corporation or other legally operating entity, that the information contained in the application is true and exact to the best of the applicant's knowledge and belief.

(Ord. No. 6428-07, § 1)

Sec. 41-63. - Evidence required of applicant.

(a)

It shall be the applicant's burden to provide proof of the following by clear and convincing evidence:

(1)

That the public convenience and necessity require the operation of the taxicab(s) in the city which are designated in the application.

(2)

That the applicant is of good moral character with no conviction, nor plea of guilty or nolo contendere to a felony within the past five (5) years; or if the applicant is a business entity, that each of the officers of the corporation or business entity are of good moral character, with no convictions, nor pleas of guilty or nolo contendere to a felony within the past five (5) years.

(3)

That the applicant is financially fit and able to carry on the business of operating taxicabs under such certificate.

(4)

That the vehicle to be operated under such certificate is properly titled and registered with the Commonwealth.

(5)

That the location of a business office within the city, where all logs, manifests, and dispatch records will be maintained, complies with all requirements of the city Code, specifically including the zoning provisions of the City Code.

(6)

That, if the applicant is other than a human being, it is in good standing with the Virginia State Corporation Commission if registration with the Virginia State Corporation Commission is required, or is otherwise properly authorized to conduct business in the Commonwealth.

(7)

That the applicant is able to provide adequate and efficient service in accordance with section 41-131 of this chapter.

(b)

The applicant shall provide written permission for the police department to conduct a federal and state, motor vehicle and criminal history records investigation prior to the issuance of a certificate, during the term of such certificate, and for purposes of any renewals of such certificates. The permission shall also include a statement by the applicant which authorizes the police department to obtain information and records from any other public or private source concerning the applicant's criminal history, driving record, character, and general reputation for truth and veracity. To this end, and to facilitate such investigations, the applicant shall also submit to fingerprinting and provide personal descriptive information to be forwarded through the Virginia Central Criminal Records Exchange to the Federal Bureau of Investigation sufficient for the purpose of obtaining criminal history record information regarding the applicant pursuant to section 15.2-1503.1 of the Code of Virginia, 1950, as amended.

(c)

The applicant may provide any additional supporting information the applicant wants to include with the application.

(Ord. No. 6428-07, § 1; Ord. No. 6493-08, § 1)

Sec. 41-64. - Certificate fees.

(a)

Prior to the issuance of a certificate under this division or an application for a change in location, a non-refundable fee of forty dollars ($40.00) shall be paid to the city to cover the cost of processing the application, including time expended for police investigation, cost of notice to the public and the like; together with a non-refundable fee of twenty dollars ($20.00) for each vehicle listed on the application.

(b)

A non-refundable fee of twenty dollars ($20.00) for each listed vehicle shall be paid to the city for each annual renewal, together with a non-refundable fee of twenty dollars ($20.00) for each vehicle's annual inspection.

(Ord. No. 6428-07, § 1; Ord. No. 6851-12, § 1)

Sec. 41-65. - Hearing on application for a certificate; issuance or refusal.

(a)

The chief of police shall hear and determine applications filed under this division which shall be accepted only on a quarterly basis. All applications shall be filed with the chief of police. During the months of January, April, July, and October of each year, all applications received since the last public hearing date shall be scheduled for public hearings. The chief of police shall conduct such public hearings after providing at least ten (10) days notice thereof, in writing, to the applicant and all holders of such certificates as are then active and in good standing. Such notice shall be mailed by first class mail to the applicant and the holders of such certificates to the addresses as shown on the application and on the active certificates, and shall be published twice in a newspaper of general circulation in the city which meets the requirements imposed by Section 8.01-324 of the state code.

(b)

All applications filed prior to a period provided for in subsection (a) above and prior to the issuance of the notice fixing the date for such hearing, shall be considered at the same time. The decision to issue or refuse to issue a certificate shall be based only on the evidence presented at such hearing.

(c)

The chief of police shall (i) determine whether or not the public convenience and necessity require the operation of the taxicabs included on an application in the city, in addition to those vehicles being operated at the time such application is made; (ii) whether or not the applicant is qualified pursuant to the provisions of this article; and (iii) shall preliminarily approve or refuse to approve certificates therefor. If refused in whole or part, the chief of police shall provide the applicant the reason's) for the disapproval.

(d)

Upon preliminary approval of an application, the applicant shall apply for a business license, if one has not already been issued, listing the certificate owner's name and business address, and pay to the city the required business license tax. The business license shall list the same trade name and business address as that listed on the application and certificate.

(e)

Upon presentation of a business license to the chief of police, the chief of police shall issue a certificate subject to the provisions of this division and all other laws and ordinances governing the operation of a taxicab for-hire in the city conditioned upon compliance with all other requirements of this article within thirty (30) days of the date of issuance. Failure to comply with the requirements of this article within such thirty-day period shall be grounds for revocation of the certificate.

(Ord. No. 6428-07, § 1)

Sec. 41-66. - Certificate contents.

Certificates issued under the provisions of this division shall designate the name of the applicant to whom granted; the applicant's trade name; the city business address of the certificate holder; the make, model, vehicle identification number and seating capacity of each vehicle; the coloring, lettering or marks used on the vehicles to be operated as taxicabs under such certificate; and the location of the premises from which such vehicles are to be operated.

(Ord. No. 6428-07, § 1)

Sec. 41-67. - Transfer.

Certificates issued under the provisions of this division may be transferred to another person at the request of the certificate holder, if such transfer is first approved by the chief of police. No certificate shall be transferred unless the person to whom the certificate is proposed to be transferred, and the taxicab to which it applies, shall in all respects qualify for a certificate in accordance with the provisions of this article. Prior to the transfer of a certificate pursuant to this section, a non-refundable fee of forty dollars ($40.00) shall be paid to the city for each certificate to be transferred. A certificate transferred pursuant to this section may not be transferred again for a period of one (1) year from the date of the most recent transfer of that certificate.

(Ord. No. 6428-07, § 1; Ord. No. 6851-12, § 1)

Sec. 41-68. - Substitution of vehicles.

The holder of a certificate issued under the provisions of this division may substitute new or other satisfactory vehicle in place of a vehicles that has become worn, damaged or obsolete, provided that such certificate holder notifies the chief of police in advance of such substitution, together with all identification information. Such substitution vehicle must first pass inspection by the city prior to commencing operations as a taxicab, and a fee of twenty dollars ($20.00) shall be paid to the city for inspection of each replacement vehicle.

(Ord. No. 6428-07, § 1; Ord. No. 6851-12, § 1)

Sec. 41-69. - Compliance with specifications.

(a)

The person to whom a certificate has issued under the provisions of this division shall operate the taxicab covered by the certificate in accordance with the specifications contained in the certificate, except as provided in subsection (b) of this section.

(b)

It shall be unlawful for any person to operate a taxicab if the make, model, identification number, class of vehicle, the seating capacity, and coloring, lettering or identification information used on such vehicle are at variance with the specifications in the certificate issued under this division, except upon written authorization by the chief of police.

(Ord. No. 6428-07, § 1)

Sec. 41-70. - Holder to give notice of termination of operation.

The holder of a certificate issued under the provisions of this division shall notify the chief of police in writing within ten (10) days of the termination of the operation of the vehicle covered by such certificate.

(Ord. No. 6428-07, § 1)

Sec. 41-71. - Suspension and revocation of certificate.

(a)

A certificate issued under the provisions of this division may be suspended by the chief of police, after reasonable notice and hearing, for a period not exceeding thirty (30) days for the following reasons:

(1)

Failure of such holder to comply with any requirements of this article.

(2)

Knowingly permitting or acquiescing in the use of a taxicab in a misdemeanor violation of any provision of federal, state or local law.

(3)

Failure to maintain evidence of current vehicular insurance with the chief of police as required by this article.

(4)

Failure to maintain the taxicab in good order and repair in accordance with division 7 of this article.

(b)

A certificate issued under the provisions of this division may be suspended or revoked by the chief of police, after reasonable notice and hearing, for the following reasons:

(1)

Charging rates of fare or other charges not provided for in division 2 of this article.

(2)

Failure to properly and adequately render reasonable service to the public.

(3)

Failure to provide adequate and efficient service as defined in section 41-131

(4)

Unknowingly using a vehicle as a taxicab after lapse, cancellation or termination of insurance coverage as required by this article.

(5)

Failure to obey an order of a law enforcement officer issued pursuant to section 41-122 of this chapter.

(6)

Failure to maintain a current business address in the city and business telephone number with the chief of police.

(c)

A certificate issued under the provisions of this division shall be revoked by the chief of police, after reasonable notice and hearing, for the following reasons:

(1)

Three (3) or more violations of subsection (a)(1) through (4) of this section within a twelve-month period.

(2)

Knowingly permitting or acquiescing in the use of a taxicab in a felony violation of any provision of federal or state law.

(3)

Knowingly using a vehicle as a taxicab after lapse, cancellation or termination of insurance coverage as required by this article.

(Ord. No. 6428-07, § 1)

Sec. 41-72. - Appeal.

An appeal shall lie to the city manager from a decision of the chief of police denying, revoking, suspending, refusing to transfer or failing to renew a certificate issued under this division. Such appeal shall be filed in writing with the city manager within ten (10) days after such adverse action on forms prescribed by the chief of police.

The city manager shall respond to the appellant within ten (10) days after receipt by his office of the written appeal. The city manager's response must either grant the relief requested or schedule a hearing within ten (10) days of the date of his response in order to afford the appellant an opportunity to be heard in the matter. A decision by the city manager shall be communicated to the appellant within ten (10) days after the hearing. The decision of the city manager shall be final; no further appeals are authorized or provided.

(Ord. No. 6428-07, § 1; Ord. No. 6851-12, § 1)

Sec. 41-73. - Limit in number.

The number of taxicabs which shall be authorized and for which certificates of public convenience and necessity may be issued shall not be more than two hundred forty (240). No new certificate shall be issued unless the total number of vehicles for which certificates are outstanding is less than two hundred forty (240), provided that renewal of an existing certificate shall not be regarded as a new certificate for purposes of this section. On an annual basis, the city manager shall evaluate and make a recommendation to the taxicab advisory board as to whether this limit should continue, be changed, or be repealed.

(Ord. No. 6851-12, § 1)

Secs. 41-74—41-79. - Reserved.