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O2006 f:\atty\share\cfh\taxicab\taxicab2d-1,wpd City Council Meeting 4-24-01 Santa Monica, California ORDINANCE NUMBER 2006 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTIONS 6.48,031 AND 6.48.140 TO THE SANTA MONICA MUNICIPAL CODE AND AMENDING SECTION 6.48,040 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO TAXICAB REGULATIONS WHEREAS, the visitor service industry is a mainstay of the City's economic base; and WHEREAS, visitors to the City are particularly dependent on taxicabs for transportation; and WHEREAS, senior citizens who visit or reside in the City are also particularly dependent on taxicabs for transportation; and WHEREAS, taxicab operators must be held to high standards to protect the safety and welfare of visitors, the elderly, and other members of the public; and WHEREAS, California Government Code Section 53075,5 requires every city to adopt taxicab regulations that include: the establishment or registration of taxicab rates, a policy for entry into taxicab businesses with certain requirements, and a drug and alcohol testing certification program for taxicab drivers; and WHEREAS, the City's existing laws regulating taxicab businesses are contained 1 in Santa Monica Municipal Code Chapter 6.48; and WHEREAS, the City's existing laws regulating taxicab businesses do not contain the provisions required by California Government Code Section 53075,5, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 6.48,031 is hereby added to the Santa Monica Municipal Code to read as follows: Section 6.48.031 Registration of taxicab rates required. All persons applying for a business license in compliance with Section 6.48,030 of this Code shall simultaneously file with the City, upon forms supplied by the City, a schedule of taxicab rates for carrying passengers, No person shall conduct any vehicle for hire business without having first filed such a schedule. All such license holders shall thereafter at all times keep on file with the City an up-to-date schedule, No driver of any vehicle for hire shall, and no employer of a driver shall allow any driver to, charge a greater sum for the use of a vehicle than the rate listed on the schedule filed with the City. SECTION 2, Section 6.48,040 of the Santa Monica Municipal Code is hereby amended to read as follows: Section 6.48.040 Police permit required. (a) Application. No person shall drive a vehicle for hire to pick up or attempt to pick up passengers, and no person who owns or controls any 2 such vehicle for hire shall allow any vehicle for hire to be so used, unless the driver has a valid Police Permit issued under the provisions of this Section for each taxicab company for which he or she is driving, In order to obtain a Police Permit, each person shall file with the City's License Office, upon forms supplied by the City, a verified application containing the following information: (1) Name and address of applicant; (2) Convictions, if any, in any court of law; Certification of the owner by whom he or she is to be employed as a driver in the City; (4) Proof of a valid California Driver's License; A signed agreement to submit to a background investigation and fingerprinting by the Police Department; Test results from a certified laboratory or testing agency, submitted simultaneously with the applicant's verified application, proving that the applicant has tested negative for drugs and alcohol as provided by Section 53075,5(b)(3) of the California Government Code; and Such further information as the City may require, Self-employed independent drivers shall be responsible for compliance with, and shall pay all costs of, the drug and alcohol tests described above with regard to themselves, Employers shall be responsible for compliance with, and shall pay all costs of, the drug and alcohol tests with respect to their employees and potential employees, except that an employer 3 may require employees who test positive to pay the costs of rehabilitation and of return-to-duty and follow-up testing. (b) Permit applicant investigation. The Police Department shall conduct an investigation of each applicant for a Police Permit and shall indicate its approval on the application or, if disapproved, the reason therefor. The Police Department may disapprove any applicant who has a record of criminal conduct or other behavior involving any of the following: (1) Moral turpitude; (2) Violence toward persons or property; (3) Physical or mental disease which could make the applicant a danger to the safety of others; (4) Illegal sexual conduct involving another nonconsenting person; (5) Negligent or reckless driving; (6) Operating a motor vehicle while under the influence of alcohol or drugs; or (7) Acts showing the applicant to be otherwise incompetent or not fit to drive a vehicle for hire, (c) Permit issuance. The Police Department shall, upon consideration of the application and investigation, approve or deny the Police Permit. No Permit shall be issued to any person under the age of eighteen years, where any false statement appears in the application, or if the application is otherwise incomplete, 4 Upon approval of an application and receipt of the applicable fees, the Police Department shall issue a Police Permit to the applicant. The Permit shall bear the name and photograph of the applicant, date of expiration of the Permit, and the name of the taxicab company for which the driver is authorized to drive a vehicle for hire, The Police Department's decision to approve or deny the Police Permit shall be final and shall not be appealable to the City Councilor to any other City body or official. (d) Permit expiration. A Police Permit shall expire on June 30 of each year, unless revoked, suspended, or terminated prior to that date, A Police Permit which has not been revoked, suspended, or terminated may be renewed annually by paying the appropriate fee and by filing with the City, on forms supplied by the City, a verification that the driver is in compliance with the provisions of this Section, and test results from a certified laboratory or testing agency proving that the applicant has tested negative for drugs and alcohol as provided by Section 53075,5(b)(3) of the California Government Code. (e) Effect of termination of employment. The driver's permit shall become void upon termination of employment. Upon termination of a driver's employment, the owner by whom such driver has been employed, shall immediately give the City written notice of the termination, and the terminated driver shall immediately return the Police Permit to the City (f) Grounds for suspension and revocation. Any Police Permit issued under the provisions ofthis Section, and any business license issued 5 8-:llUeUIP 10 SlLll JD SU01S!Amd aql paw::~ Ol i\Je5S~1:JalJlll!81)[a 18'LU Ol pamp01jj JO papeedaJ 5! J8L1+JnJ au PUE s@lauelslsuo:::Hj~ !.pns ~o lual::(:;:l <::flU 01 e~::H.mwpJO S!4l to SIJG!SlAOJd ~ql qllM lIJ81SlSIlJOtlLlI 018Jaq~ ~8')I'I]U8dde JQ apo::) ledp!unV'J E'::lIUOl/lJ E;qUBS 8lU JO IUOISIi\OJd f"u\:I 'v NOI.1.0:3 'luau.Jl JtlSpdUJ1 PU8 au!:! lpn~ LUOq 1\(1 JO ~lnunlJj XIS 6tJ!paa~X8 mJ, I! 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HWJ8d lj::JlIS ALlep Oll:JOSH8J pooEl u~;::}q al\B'4 PI Sl:J~J. ^~.m JO ::t)CJUalsp<:a ~ql 2:) ~l,LL..;ed ~,~')n<; JO JaplollsqJ ~o J~^nidLU~ JO J:slpiQtj lq llO!l:l8S S!Lll J,Q UO~s!r..OJd AU8 JD UOnelOlj\ ,) :suoseaJ I5UIMOUOj SLIt fO },UB JOJ p>;:J)tOA.8J .10 pepuedsns aqi ~BUJ 'Ot:Cr8v'9 uOfpas l~p[J SECTION 5, If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions ofthis Ordinance, The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion ofthe ordinance would be subsequently declared invalid or unconstitutional. SECTION 6, The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: 7 llJaI~ Al!:> 'lJeMalS 'W E!JEV\I -'f-o.~. ~~ .,,""-- . , : .lS3li'V )jOOJqloH :SJaqwaw l!~un08 :luasq'V auoN :sJaqwaw Ipun08 :U!elsq'V auoN :SJaqw8w Ipun08 U!alSU!a~ Jo^eV\l 'WOOlS wa.l OJd Jo^eV\l 'Zle~ 'Jasua~ 'uMoa~:)V\IIJOUU08,0 :SJaqwaw IPun08 :alO^ OU!MOIIOJ a4l ^q '~OOG 'VG I!Jd'V uo PI84 OU!laeW IPun08 "I!8 8O!UOV\J elues a4lle paldope seM pue '~OOG '0 ~ IPd\( uo UO!l~npOJlU! Sol! pe4 (S88) 900G 'oN a~ueu!pJO 5u!ooaJoJ a4lle4l "J!lJa:) ^qaJa4 op 'e:)!uoV\l elues JO "I!~ a4l JO )jJal~ "I!8 'lJeMalS 'V\J epeV\l'1 ( e:)!uoV\l elues JO "I!8 'ss ( salaou'v' sOl JO "Iun08 ( e!UJoJ!le8 JO alelS , ~OOZ 'IPd'v' jO ^ep 4lvG S!4l pa^oJdde pue paldop'V