SR-419-000
f:\atty\share\cfh\taxicab\staffrep2.wpd
City Council Meeting 3-6-01 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Ordinance Adding Sections 6.48.031 and 6.48.140 to the Municipal Code
and Amending Section 6.48.040 of the Municipal Code Relating to Taxicab
Owners and Drivers
Introduction
The purpose of the proposed amendments to the existing taxicab ordinance is to comply
with California Government Code Section 53075.5. Section 53075.5 requires local laws to
include, at minimum: (1) the establishment or registration of taxicab rates; (2) a policy for
entry into the business of providing taxicab transportation service; and (3) a mandatory
drug and alcohol testing program for taxicab drivers.
The Santa Monica Municipal Code currently regulates entry into taxicab businesses, but it
does not include certain provisions required by Section 53075.5(b), nor does it cover
taxicab rates or mandatory drug and alcohol testing. The adoption of this Ordinance will
bring the Citys taxicab regulations into compliance with current state law.
=
1
Discussion
Registration of Taxicab Rates
State law requires the establishment or registration of rates for the provision of taxicab
A
transportation service. California Government Code 53075.5(b)(2). The City does not
@'
have established taxicab rates; therefore it must require the registration of taxicab rates.
Accordingly, Section 6.48.031 is added to the Municipal Code to require that all persons
applying for a business license under Section 6.48.030 file with the City a schedule of
A
taxicab rates for carrying passengers. This Section prohibits conducting any taxicab
@
business without having first filed a schedule of taxicab rates, requires that at all times
such persons keep on file an up-to-date rate schedule, and prohibits taxicab drivers from
charging a sum greater than that listed on the schedule filed with the City.
Policy for Taxicab Driver Permits
Section 53075(b)(1) mandates that the Citys taxicab ordinance include the following
=
requirements:
(A) The driver must be employed by a taxicab company as a driver, and test
negative for drugs and alcohol, as conditions of permit issuance.
(B) The driver's permit must become void upon termination of employment.
(C) The driver's permit must state the name of the employer.
(D) The employer must notify the City upon termination of employment.
(E) The driver must return the permit to the City upon termination of employment.
2
These requirements can readily be incorporated into the City=s existing procedures.
The proposed Ordinance divides the existing permit application procedure (described in
Section 6.48.040) into three stages: application, investigation, and permit issuance. The
new application process is modeled after Burbank=s taxicab ordinance, which was one of
the first ordinances to comply with Section 53075.5. The proposed changes to Section
6.48.040, besides adding the mandatory requirements under state law, do not significantly
change the City?s existing procedure for obtaining a driver?s permit (referred to as a ?Police
Permit? instead of a ?police permit/photo badge? in the proposed Ordinance). The
proposed changes are likely to provide more uniformity and guidance in the application
process for both the City employees who process the applications and the applicants.
The existing Ordinance requires all persons who ?drive? a taxicab to have a taxicab driver?s
permit. The proposed Ordinance requires that only persons who drive a taxicab to ?pick up
or attempt to pick up passengers? have a taxicab driver?s permit. Under the proposed
Ordinance, drivers who drop off, but do not pick up, passengers in Santa Monica need not
have a taxicab driver?s permit issued by the City. This modification more accurately
reflects the City?s intent to regulate passenger pick ups, and not passenger drop offs,
within the City?s boundaries.
Section 6.48.040(a), which describes the initial application process, now requires the
applicant to provide, when applying for a driver?s permit, the certification of his or her
3
prospective employer. Additionally, the applicant must provide a recent test result from a
certified laboratory or testing agency proving that the applicant has tested negative for
drugs and alcohol. The name and location of an approved testing facility will be provided
to the applicant.
Subsection (c) is added to Section 6.48.040 and provides that a driver?s permit shall bear
the driver?s employer?s name. In addition, although not required by Section 53075.5,
Subsection (c) provides that the Police Department?s decision to approve or deny a Police
Permit is final, and not appealable to any City body or official. This clarifies the City?s
position on an issue which is silent in the existing Ordinance, the finality of the Police
Department?s decision. Subsection (d) is added to require that in order to renew an
expired permit, the applicant must provide a recent test result proving that the applicant
has tested negative for drugs and alcohol.
A new subsection, entitled ?Effect of termination of employment,? provides that a taxicab
driver?s permit is contingent upon employment. Although the existing Ordinance already
limits the operation of a taxicab to owners or their employees, the new subsection explicitly
provides that a driver?s permit is in effect only for as long as the permittee is employed,
and provides a procedure for giving notice and returning the permit to the City upon
termination of employment.
4
The last subsection added to Section 6.48.040, entitled ?Grounds for suspension and
revocation,? provides that upon a violation of any provision of this Section, the driver?s
permit and the owner?s business license may be suspended or revoked. Although this
provision goes beyond the mandatory minimal requirements of Section 53075.5, it
addresses the City?s objective to hold drivers and their employers liable for the driver?s
non-compliance with the provisions of this Section.
Penalty
In addition to proposed Section 6.48.040 (f) (entitled ?Grounds for suspension and
revocation? and discussed in previous paragraph), the proposed Ordinance adds Section
6.48.140, which provides that any person violating any provision of the Chapter shall be
guilty of an infraction or a misdemeanor. This new Section broadens the scope of acts
subject to sanctions (i.e., from violations of Section 6.48.040 to violations of any section of
Chapter 6.48), and enhances the penalties from revocation and suspension of permits and
licenses to criminal penalties, thereby permitting more meaningful enforcement of the
Ordinance.
Financial/Budget Impact
There are no fiscal impacts associated with this proposed Ordinance. The employer of the
applicant for the driver?s permit will be responsible for the costs associated with the drug
and alcohol testing. There are no costs to the City associated with the requirement for the
registration of taxicab rates.
5
Recommendation
It is respectfully recommended that the accompanying Ordinance be introduced for first
reading.
PREPARED BY: Marsha Jones Moutrie, City Attorney
Eda U. Suh, Deputy City Attorney
Debby Sowers, Business License
Captain Roy McGinnis, Police Department
6
f:\atty\share\cfh\taxicab\ordin.draft.wpd
City Council Meeting 3-6-01 Santa Monica, California
ORDINANCE NUMBER ____ (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 Citys 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
7
WHEREAS, the Citys existing laws regulating taxicab businesses are contained in
=
Santa Monica Municipal Code Chapter 6.48; and
WHEREAS, the Citys 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 6.48.031Registration 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 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 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:
8
Section 6.48.040Driver Permit requiredPolice permit required.
No person shall drive any vehicle for hire without having first obtained a
permit/photo badge for each cab company for which he or she is driving from
the City's License Office. Such permit shall expire on June 30th each year,
unless revoked, suspended or cancelled prior to such date. Authorization for
such permit/photo badge and badge must first be obtained from the Police
Department in the form of a permit/photo badge. The Police Department may
require information pertaining to the character and background of the
permittee. Upon receipt of the applicable police permit/photo badge fee and
issuance of a police permit to applicant, the Police Department shall issue a
permit/photo badge to the applicant.
Application.
(a) 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
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 Citys 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;
(3) Certification of the owner by whom he or she is to be
9
employed as a driver in the City;
(4) Proof of a valid California Drivers License;
=
(5) A signed agreement to submit to a background
investigation and fingerprinting by the Police Department;
(6) Test results from a certified laboratory or testing agency,
submitted simultaneously with the applicants 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
(7) Such further information as the City may require.
Permit applicant investigation.
(b) 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
10
alcohol or drugs; or
(7) Acts showing the applicant to be otherwise incompetent or
not fit to drive a vehicle for hire.
Permit issuance.
(c) 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.
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 Departments
=
decision to approve or deny the Police Permit shall be final and shall not be
appealable to the City Council or to any other City body or official.
Permit expiration.
(d) 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
11
and alcohol as provided by Section 53075.5(b)(3) of the California
Government Code.
Effect of termination of employment.
(e) Each Police Permit shall
be in force and effect only while the holder thereof is employed as a driver
by the taxicab company indicated on the Police Permit. Upon termination of
a drivers 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.
Grounds for suspension and revocation.
(f) Any Police Permit
issued under the provisions of this Section, and any business license issued
under Section 6.48.030, may be suspended or revoked for any of the
following reasons:
(1) Violation of any provision of this Section by a holder or
employer of the holder of such Permit; and
(2) The existence of any facts which would have been good
reason to deny such Permit when applied for, regardless of when such facts
arose.
SECTION 3. Section 6.48.140 of the Santa Monica Municipal Code is hereby
added to read as follows:
Section 6.48.140Penalty for Violation.
12
Any person violating any provision of this Chapter shall be guilty of an
infraction, which shall be punishable by a fine not exceeding two hundred
fifty dollars, or a misdemeanor, which shall be punishable by a fine not
exceeding one thousand dollars per violation, or by imprisonment in the
County Jail for a period not exceeding six months, or by both such fine and
imprisonment.
SECTION 4. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
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 of this 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 of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of
13
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:
_________________________
MARSHA JONES MOUTRIE
City Attorney
14