sr-060810-7bCity Council Meeting: June 8, 2010
Agenda Item: ~ ~~
To: Mayor and City Council
From: Carol Swindell, Finance Director
Subject: Ordinance Modifying Existing Provisions Applicable to Taxicabs
Recommended Action
Staff recommends that City Council introduce for first reading an ordinance amending
existing Municipal Code provisions applicable to taxicabs.
Executive Summary
On July 28, 2009, Council adopted Ordinance No. 2292 (CCS) establishing a franchise
system for the regulation of taxicabs. Subsequently, staff has determined that the
ordinance included minor inconsistencies and required clarification of certain taxicab
operating and signage requirements, business license provisions, penalty amounts, and
a more comprehensive hearing procedure for violation of taxicab rules and regulations.
Background
On July 28, 2009, Council adopted Ordinance No. 2292 (CCS) replacing the open-entry
permitting system of regulating taxicabs with a franchise system in order to address
issues of pollution, traffic congestion .and parking problems, operating standards, an
oversupply of taxicabs in the local market and other impacts of the open-entry system.
Franchising limits the number of permitted taxicabs to a number that does not exceed
the existing demand and ensures that vehicles, drivers, and taxicab firms meet certain
operating standards. In accordance with the taxicab franchise ordinance, a Request
For Proposals (RFP) was developed and released on January 14, 2010. The deadline
for proposal submission was 3:00 pm on March 19, 2010. Following evaluation of the
proposals received, staff will provide Council with recommendations for award of at
least one and no more than eight franchises.
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Discussion
During the development of the RFP and the taxicab rules and regulations governing the
operation of taxicab franchises, staff determined that Ordinance No. 2292 (CCS) as
originally drafted includes minor inconsistencies and needs clarification, regarding
certain taxicab operating and signage requirements, business license provisions, and
penalty amounts. Further, in researching and drafting taxicab rules and regulations,
staff determined that the taxicab ordinance requires an additional section to provide for
a more comprehensive hearing procedure for the violation of .taxicab rules and
regulations.
In order to address these minor inconsistencies and the need for clarification, and in
order to set forth a comprehensive hearing process for violations of taxicab rules and
regulations, staff recommends adopting an ordinance to amend various provisions in
the Municipal Code relating to taxicabs, including:
• Eliminating the requirement that the franchisee's address be printed on the
exterior of the taxicab
• Clarifying the dispatch communication system requirement
• Clarifying the applicable fines in Section 6.49.140 for violations of Chapter 6.49
• Deleting outdated timing requirements in related business license provisions
• Adopting a specific hearing procedure for violations of taxicab rules and
regulations, including the applicable fines and penalty points to be set forth in a
resolution and the substance of the notice of hearing and the hearing procedure
for both taxicab drivers and taxicab franchisees.
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Financial Impacts 8~ Budget Actions
There are no financial impacts or required budget action as a result of this action.
Prepared by: Pamela McGarvey, Revenue Collection Administrator
Approved:
Forwarded to Council:
°~
~,,
~~
Carol Swindell ' Rod Gould
Director, Finance Department City Manager
Attachments:
A. Ordinance No. 2292 (CCS)
B. Draft Ordinance to Amend Ordinance No. 2292 (CCS)
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City Council Meeting 07-14-2009 Santa Monica, California
ORDINANCE NUMBER 2292 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 6.48 OF ARTICLE VI OF THE SANTA MONICA
MUNICIPAL CODE RELATING TO VEHICLES FOR MIRE; ADDING CHAPTER
6.49 TO ARTICLE VI OF THE SANTA MONICA MUNICIPAL CODE TO
ESTABLISH TAXICAB FRANCHISES; AND AMENDING SECTIONS 6.04.110,
6.04.160, 6.04.170, 6.04.220, 6.08.210, 6.12.010, AND 6.14.080 OF ARTICLE
Vi OF THE SANTA MONICA MUNICIPAL CODE REGARDING TAXICABS.
WHEREAS, the City of Santa Monica ("City" or "Santa Monica") is a small, extremely
dense, older coastal city consisting of jusf 8 square miles of land bordered on one side by
the Pacific Ocean and on three sides by the City of Los Angeles; and
WHEREAS, large numbers of taxicabs currently operate on the City's crowded
streets, as do other types of vehicles for hire; and
WHEREAS, Santa Monica's current regulation of taxicabs is based on an open-
entry system, which has resulted in numerous problems, including an oversupply of
taxicabs in the local market; traffic congestion and parking problems, especially in the
downtown area; a wide and confusing range of fares; a lack of discounted fares for senior
and disabled residents; passenger complaints; poor customer service; low income for
taxicab drivers; taxicab drivers operating illegally in Los Angeles; and air pollution from
older vehicles and taxicabs cruising city streets for business; and
WHEREAS, in October 2006, the Task Force on the Environment recommended
that the City Council direct City staff to develop an ordinance to protect the environment by
awarding franchises to taxicab companies that -met certain emission and mileage
standards; and
WHEREAS, pursuant to the City Council's direction thereafter, Nelson/Nygaard
Consulting Associates was retained to research and evaluate Santa Monica's current
taxicab regulatory system and whether Santa Monica should adopt afranchise-based
taxicab regulation system iri conjunction with setting air quality performance standards in
awarding taxicab franchise agreements; and
WHEREAS, Nelson/Nygaard Consulting Associates issued a Santa Monica Taxi
Study Technical Memorandum and Executive Summary on March 28, 2008, corrected May
2008 ("Memorandum"), recommending that Santa Monica establish a taxicab franchise
system using a competitive Reques# for Proposals process to award franchises to a
minimum of4-and a maximum of 8 taxicab companies, with a #otal cap of between 200 and
300 taxicabs authorized to operate ih the City; and
WHEREAS, based on the findings and recommendations in the Memorandum and
to address and resolve the existing problems with the City's taxicab operations, City staff
researched and drafted new and revised regulations in order to switch #rom the current
open-entry regulatory scheme to a taxicab franchise system; and
WHEREAS, on March 3, 2009, City Council directed staff to bring forward a
proposed taxicab franchise ordinance; and
WHEREAS, based on the foregoing; the City finds that the franchising of taxicabs is
necessary to assure reliable, safe, quality taxicab services in the City and to eliminate
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undue congestion and air pollution, disorganization and hazards associated with the City's
current open-entry regulated taxicab environment,
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HERESY ORDAIN
AS FOLLOWS:
SECTION 7. Chapter 6.46 of Article VI of the Santa Monica Municipal Code is
hereby amended as follows:
Chapter 6.48
VEHICLES FOR HIRE
Sections:
6.48.010
6.48.020
6.48.030
6.48.040
6.48.050
6.48.060
6.48.070
Definitions.
Non-motor vehicles.
Business license required.
Compulsory insurance coverage.
Driving of vehicles.
Direct route.
Penalty for violation.
6.48.010 Definitions.
For the purposes of this Chapter certain wards and phrases are defined and certain
provisions shall be construed asherein set forth, unless it is apparent from the context that
a different meaning is intended.
(a) Vehicle for Hire. "Vehicle for. hire" includes taxicabs, limousines and every
automobile or motor-propelled vehicle used for transportation of passengers within and
without the boundaries of the City not over a defined route, of rates per mile, per trip, per
hour, per day, per week or per month. Vehicles leased or rented for a period of time to be
driven by the lessee or his or her designee are not included.
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(Prior code§6400; amended by Ord. No. 1143CCS, adopted 1/8!80; Ord. No. 1851CCS§
24 (part), adopted 5/28/96; Ord. No. 2126CCS § 5, adopted 6115/04)
6.48.020 Non-motor vehicles:
Prior to applying for a license, any non-motor propelled vehicle for hire used for
transportation of passengers must be approved by the City Manager or the City Manager's
designee, who shall assess the vehicle's impact on safety and traffic circulation. (Prior
code § 6401; amended by Ord. No. 1143CCS, adopted 1/8!80)
6.48.030 Business license required.
No person shall conduct any vehicle for hire business without having first obtained a
business license in compliance with this Article. (Prior code § 6402; amended by Ord. No.
1143CCS, adopted 1/8180; Ord. No. 1851CCS § 24 (part), adopted 5128196)
6.48.040 Compulsory insurance coverage.
Before any license is issued or renewed, the owner of the vehicle for hire shall be
required to file proof of insurance with the Police (3epartment in the amount specified in the
rules and regulations adopted by the City Manager pursuaht to Chapter 6.49. This policy
must insure the public against any loss or damage that may result to any person or
property from the operation of such vehicle. No person shall operate any such vehicle
without having a policy as described in this Section in full fofce and effect at all times
during the operation of such vehicle. (Prior code § 6405; amended by Ord. No. 1143CGS,
adopted 1/8/80; Ord. No. 2126CCS § 8, adopted 6/15/04)
6.48.050 Driving of vehicles.
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Vehicles for hire shall be operated by the owner or by an employee of the owner. (Prior
code § 6406; amended by Ord. No. 1143CCS, adopted 1!8/80)
6.48.060 Direct route.
Any driver of a vehicle for hire employed to carry passengers to a definite paint shall
take the most direct route practicable that will carry the passengers safely and
expeditiously to their destination unless otherwise requested by the passenger. (Prior code
§ 6411; amended by Ord. No. 1143CCS, adopted 118/80)
6.48,070 Penalty far violation.
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 moh#hs, or by both such fine
and imprisonment. (Added by Ord. No. 2006CCS § 3, adopted 4!24/01}
SECTION 2. Chapter 6.49 is hereby added to Article VI of the Santa Monica
Municipal Code to read in its entirety as follows:
Chapter 6.49
TAXICABS
Secfions:
6.49.010 Definitions.
6.49.024 Rules and regulations.
6.49.030 Authority of designated employees of the Police Department to
have access to summary criminal history information.
6.49.040 Taxicabs--Franchise required.
6.49.050 Taxicabs--Suspension or revocation of franchise.
6.49.060 Unauthorized taxicab services prohibited.
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6.49.070 Taxicab driver's permits.
6.49.080 Taxicab-Identification and vehicle operating requirements.
6.49.090 Parking of vehicles; stands.
6.49.100 Taxicab signs.
6.49.710 Taximeters and ra#es.
6,49.120 Full use of taxicab.
6.49.130 Taxicab identification decal required.
8.49.140 Penalty for violation.
6.49.010 Defini#ions.
For the purposes of this Chapter certain words and phrases are defined and certain
provisions shall be construed as herein set forth, unless it is apparent from the context that
a different meaning is intended.
(a) Stand. "Stand" shall mean. a place designated by the Parking and Traffic
Engineer ofthe City for use by any vehicle licensed hereunderwhile awaiting employment.
(b) Taxicab. "Taxicab" includes every automobile and motor-propelled vehicle
which is designed to carry not more than eight ($) persons, excluding the driver, and is
either equipped with a taximeter or a top light or has the words "taxi," "cab° or "taxicab"
displayed on the exterior of the vehicle, and used for the transportation of passengers. for
hire within and without the boundaries of the City, at rates for distance traveled, or for
waiting, standby or traffic delay time, or for any combination of such rates, and not
operating over a defined route.
(c) Taxicab Franchisee or Franchisee. "Taxicab franchisee" or "franchisee"
includes a person, firm, association, sole proprietorship, stock corporation, co-operative
organization or other entity, however organized, including the management and officers
thereunder, that is awarded a taxicab franchise by the City and operates a taxicab service.
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(d) Taximeter. "Taximeter" includes a device that automatically calculates a
predetermined rate or rates for taxicab services and indicates the charge for the hire of a
Taxicab.
6.49.020 i2ules and regulations.
The Police Department ofthe City of Santa Monica is authorized to adopt rules and
regulations consistent with this Code and necessary to implement this Chapter and the
franchise agreements. Such rules and regulations may include, but are not limited to,
provisions: governing taxicab service and safety; prescribing limitations, conditions and
qualifications of applicants for vehicle permits and driver permits; and pertaining to the
responsibilities of taxicab franchisees and drivers. Such rules and regulations shall be filed
in the office of the City Clerk where they shall be made available for inspection by the
public. Violations of rules and regulations issued pursuant to this Section shall constitute
violations of this Chap#er, and shall subject the violator to the penalties set forth in this
Chapter.
6.49.030 Authority ofi designated employees of the Police Departmen# to have
access to summary criminal history information.
Police Department employees assigned to or having responsibility for permitting and
licensing pursuant to this Chapter shall have the authority to obtain state and local
summarycrimihal history information pursuant to Sections 11105(b)(11}and 13300{b)(11)
of the California Penal Code.
6.49.040 Taxicabs--Franchise required,.
{a} The City may in -its discretion award one (1) or more, but no more than eight
(8), nonexclusive franchises for the operation of taxicab services within the City. Upon
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issuance of one (1) or more franchises, it shall be unlawful for any person other than a
taxicab franchisee and its employees or authorized agents to operate, engage in the
business of operating, or cause to be operated any taxicab service within the City.
(b) Franchises shall be awarded through a competitive process initiated through
a request for proposals issued by the City. A franchise applicant shall propose to operate
no less than twenty-five (25) vehicles in the franchise fleet. Franchise proposals will be
evaluated based upon criteria including, but not limited to, the following: the emissions
standards and fuel economy of taxicabs; the age and condition of taxicabs; provision of a
centralized dispatch system; past experience, including demonstrated quality of service
and safety; driver training and qualifications; financial stability; insurance; record of
violations by the bidder or bidder's drivers of federal, state or local-law, and rules and
regulations relating to taxicab operations, particularly safety operations; extra services
available to the public, including discounts for seniors and those with disabilities; and
benefits available to drivers and employees. Additionally, there shall be a local preference.
Taxicab franchise proposals shall be examined.and evaluated by a committee established
by the City Manager, which shall make recommendations to the City Council. Upon the
award of a franchise, the franchisee shall enter into a franchise agreement with the City.
The franchise agreement may impose obligations on the franchisee-that are additional to
but not inconsistent with those imposed pursuant to this Chapter.
(c) The City may at any time initiate a competitive bidding process for the
issuance of new franchises. Nothing shall prohibit a taxicab franchisee from competing for
a new franchise; however, any taxicab franchisee whose franchise has been revoked shall
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thereafter be prohibited #rom competing for award of a franchise for a period of three (3)
years following the scheduled expiration of its franchise agreement.
(d) The maximum number of taxicabs permitted to operate under the terms of all
franchises granted by the City shall not exceed two hundred and fifty {250) taxicabs, which
number may be adjusted by City Council from time to time.
(e) After notice and a hearing, the City Council may at any time reduce the total
maximum number of taxicabs operating within the City, upon finding that the number of
taxicabs is detrimental to the public health, safety, or welfare. If the City Council reduces
the number of permitted taxicabs, the reduction shall be reasonably allocated amongst
existing franchisees.
(t) The City Council may schedule a public hearing to determine, by resolution,
whetherthe public convenience and necessity require the operation of additional taxicabs
in the City. Any such resolution shall specify the number of additional taxicabs permitted.
Any determination that the public convenience and necessity require the operation of
additional taxicabs in the City shall include, but are not limited to, findings that:
(1) The additional taxicabs will not subs#antially impair the ability of existing
franchisees, under efficient management, to earn a fair and reasonable return on their
capital investments in their franchises,
(2) Existing franchisees, under normal conditions, are not fulfilling the need for
taxicab services in the City; and
(3} .The additional taxicabs, together with the taxicabs then currently operating in
the City, will not unduly congest, overburden, or interfere with any traffic circulation,. public
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street access, public or private parking, or stands, or otherwise create any danger or
hazard to the public health, safety, or welfare.
(g) No franchisee shall operate a taxicab within the City unless. the Police
Department has issued and the franchisee possesses a current taxicab vehicle permit for
that specific vehicle.
(h) No taxicab franchisee shall permit any driver in its employ to operate, and no
driver shall operate, a taxicab in the City into which passengers are accepted for
transportation without having first obtained a valid driver's permit from the Police
.Department and paid to the City the required taxicab driver's permit fee.
(i) Fees.
(1) Annual Franchise Fee. Each taxicab franchisee shall pay to the City an
annual fee for the privilege of operating a taxicab service in the City. Such payment shall
be in addition to any other prescribed fees, including but not limited to business license and
permit fees. The franchise fee shall be due upon execution of the franchise agreement
and payable on each anniversary date thereafter, unless otherwise specified in the
franchise agreement. Failure to pay the franchisee fee when due shall be cause for
revocation of the franchise.
(2) Annual Taxicab Vehicle Permit Fee. Each taxicab-franchisee shall be
required annuallyta obtain a taxicab vehicle permit and to pay fo the City an annual taxicab
vehicle permit fee for each taxicab operating under its franchise. Any taxicab vehicle
permit issued prior to June 30, 2011, shall expire on June 30, 2011, unless. revoked or
suspended prior to that date pursuant to this Chapter. Taxicab vehicle permits issued after
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June 30, 2011, shall expire at midnight on the June 30th next succeeding its issuance,
unless revoked or suspended prior to that date pursuant fo this Chapter.
6.A9.050 Taxicabs--Suspension or revocation of franchise.
(a) Suspension. The City may, after due notice and an opportunityto be heard,
suspend a taxicab franchisee's operations for one (1) or more days if, in the judgment of
the Chief of Police, a lapse in required insurance or any other violation of the terms and
conditions of the franchise agreement or the provisions of this Chapter; or a violation of any
rules, regulations, orders, or directives established by the Police Department, or the
California Vehicle Code, creates an immediate safety hazard. Cause for suspension also
exists where the holder of a majority interest in the taxicab franchise or the taxicab
franchisee illegally conducts any type of vehicle for hire or public transportation operation
licensed by the City or any other. governmental agency.
(b) Revocation. The City may, after due notice and an opportunity to be heard,
revoke a franchise and terminate the franchise agreement in the event that the franchisee:
violates any terms and conditions of the franchise agreement; fails to cure any default
within the time required as provided in the franchise agreement; violates any provision of
this Ghapter or other applicable law or violates any rules, regulations, orders or filings of
any regulatory body having jurisdiction overthe franchisee relative to its operations under
the franchise agreement; or practices, or attempts to practice, any fraud or deceit upon the
City.
The frahchisee mayrespond in writing to a notice of intent to terminate from the City,
Manager. The matter will then be referred to a Hearing Examiner for consideration
pursuant to this Section. The matter will be set for a hearing and the City shall give the
franchisee at least thirty (30) days' written notice of the time and place of the hearing. At
the hearing, the hearing Examiner shall consider all relevant evidence and,testimony and if
the Hearing Examiner determines that the franchisee is in breach of the agreement as
above described, the Hearing Examiner may, in his or her discretion, orderthe franchisee
to fake remedial actions to cure the breach or impose any other remedy in accordance with
the franchise agreement, including but not limited to suspension for a designated period of
time; temporary or permanent reduction of taxicab vehicle permits; or revocation of the
franchise and termination of the franchise agreement. The decision or order of the Hearing
Examiner shall be final and binding and subject only to judicial review.
(c) Effect of Suspension or Revocation: Upon suspension or revocation of a
franchise, all the franchisee's taxicab operations in the City shall cease until such time as
the suspension or revocation is lifted.
(1) No fee refunds shall be issued to any franchisee upon revocation of a
franchise.
(2) Upon revocation of any taxicab ftanchise, no franchise to operate the same
business activity shall be granted to the franchisee within the remainder of the term or
extension term of the franchise agreement and for a period of three (3) years thereafter.
(3) In the event of revocation of a franchise, the franchisee's taxicab vehicle
permits may in the City's discretion be reallocated to otherfranchisees on a pro rata basis
or assigned to a new taxicab franchisee following a competitive bidding process for the
award of new franchises.
6.49.060 Unauthorized taxicab services prohibited.
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(a) No person shall knowingly dispatch a vehicle or respond to a request for a
"taxi", "cab", or "taxicab" for pick-up within the Gity unless the responding vehicle has a
valid taxicab vehicle permit, the driver of such vehicle has a valid taxicab driver's permit,
and the taxicab is operated pursuant to a franchise awarded by the City.
(b) No person who drives or operates a taxicab in the City shall publish, advertise
or broadcast in any manner, written or oral, a telephone number either by itself or
connected to a rotary or call forwarding system for taxicab service, which is the same
telephone number as that for other taxicabs or vehicles for hire.
(c) No person who drives or operates a taxicab in the City shall use a name that
imitates a name used by another person who drives or operates a taxicab in such a
manner as to be misleading or tend to confuse or defraud the public.
.6.49.070 Taxicab driver's permits.
(a) Application. In orderto obtain a taxicab driver's permit, each person shall file
with the Police Department, upon forms supplied by the City, a completed verified
application including the following information and documentation:
(1) Name, address and age of applicant;
(2) Convictions, if any, in ariy court of law;
(3) Name, address and certification of the taxicab franchisee by whom the
applicant is to be employed as a taxicab driver in the City;
(4) Proof of a valid California Driver's License;
(5) A signed agreement to submit to a background investigation and
fingerprinting via live-scan capture by the Police Department;
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(5) Original 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
(7) Such further information as the City may require.
(b} Taxicab Driver's Permit Applicant Investigation. The Police Department shall
investigate each applicant for a taxicab driver's permit and shall approve the application or
state its reason for disapproval. 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 propefij;
{3) Physical or mental disease which could make the applicant a danger to the
safety of others;
(4) IllegaFsexual conduct involving another nonconsenting person;
(5) Negligent or reckless driving;
(6) Operating a motor vehicle while under the influence. of alcohol or drugs;
{7) Three (3) or more moving violations under the California Vehicle Code within
the twelve (12) month period preceding the date of the application;
(8) Existing suspension or revocation of a taxicab driver's permit in any other
jurisdiction as of the date of the application;
(g) Conviction of operating a taxicab without a valid taxicab driver's permit ar
taxicab vehicle license within the three {3) year period preceding the date of the
application; or
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(10) Acts showing the applicant to be otherwise incompetent or not fit to drive a
taxicab.
(c) Examination.. Every applicant for a taxicab driver's permit shall take an
examination, prepared and administered by the Police Department, which tests the
applicant's qualifications to operate a taxicab. The examination shall test the applicant's:
ability to communicate in English; knowledge of and ability to locate, with the aid of a street
atlas, street addresses and intersections in Santa Monica and surrounding cities in the
County of Los Angeles; and knowledge of the laws of the road. Failure to obtain a passing
score on the examination shall be cause for disapproval of an application.
(d) Taxicab Driver's Permit Issuance. Based on the application, investigation and
examination, the Police Department shall approve or deny the taxicab driver's permit. No
permit shall be issued if the applicant is under the age of eighteen (18) years, if any false
statement appears in the application, or if the applicaticn is otherwise incomplete. Upon
approval of an application and receipt by the Gity of the taxicab driver's permit fee, the
Police department shall issue a taxicab driver's permit to the applicant. The permit shall
bear the name and photograph ofthe applicant, date of expiration of the permit, and name
of the taxicab franchisee for which the driver is authorized to drive a taxicab.
(e) Taxicab Driver's Permit Expiration and Renewal. Any taxicab driver's permit
issued prior to June 30, 2011, shall expire on June 30, 2011, unless revoked, suspended
or terminated prior to that date. Taxicab driver's permits issued after June 30, 2011, shall
expire at midnight on the Juho 30th next succeeding its issuance,. unless revoked,
suspended or terminated prior to that date. A taxicab driver's permit which has not been
revoked, suspended, or terminated may be renewed annually by paying the annual taxicab
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driver's permit fee and by filing with 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 driver has tested negative for drugs and alcohol as provided by
Section 53075.5(b)(3) of the California Government Code.
(f) Effect of Termination of Employment. The taxicab driver's permit shall
become void upon termination of employment, at which time the taxicab franchisee-
employer shall immediately give the City written notice of the termination ahd the
terminated driver shall immediately return his or her taxicab driver's permit to the City.
(g) Prohibition on Transfers. Taxicab driver's permits are personal in nature and
shall not be transferred. Any purported transfer shall be null and void.
(h) Grounds for Suspension and Revocation. Any taxicab driver's permit and any
taxicab vehicle-permit may be suspended or revoked, after due notice and an opportunity
to be heard, for any of the following reasons:
(1) Arres# or citation fior the commission of any crime while driving a taxicab or
any crime involving moral turpitude;
(2) Violation of any applicable rule or regulation, or federal, state or local law
relating to the operation of taxicabs by a driver, or by an employer in the case of a taxicab
vehicle permit;
(3) Use of the taxicab driver's permit for a purpose different from that for which it
was issued;
(4) Suspension or revocation of the driver or franchisee's taxicab driver's permit
or taxicab vehicle permit in another jurisdiction; and-
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(5) The existence of any facts, including conviction of a crime that is substantially
related to the qualifications, functions or duties of a taxicab driver, which would have been
good cause to deny such taxicab driver's permit application, regardless of when such facts
arose.
6.49.080 Taxicabs--Identification and vehicle operating requirements.
(a) No person shall operate any taxicab without a distinctive and uniform color
schema or identification which designates the taxicab franchisee underwhich said vehicle
is operated, and which has been approved by the Police Department.
(b) No color scheme, insignia, name, monogram, logo, or identification shall
conflict with or imitate any color scheme, insignia, name, monogram, logo, or identification
used by another taxicab franchisee in such a manner as to be misleading or to tend to
confuse or defraud the public.
(c) Each taxicab operated pursuant to a franchise shall be identified as a City of
Santa Monica authorized taxicab by a taxicab identification decal issued by the Police
Department. No person shall identify any vehicle by means of such taxicab identification
decal, or any facsimile thereof, unless authorized to do so by the Police Department.
{d) Every taxicab franchisee and taxicab driver shall comply with the following
operating requirements at all times:
(1) Maintain and keep an accurate and legible record of all passengers carried,
including the pickup and drop off points, the date and time carried, the starting and ending
mileage of the taxicab for each trip, the charges authorized and made for each trip, and
any other information as may be required by the Police Department. Such record shall be
retained for at (east three (3) years at the business office of the taxicab franchisee and
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shall be available for inspection by the Police Department at all reasonable times. Failure
to comply with any reasonable request by the Police Department for inspection of such
record shall be cause for revocation of the franchise;
(2) Display inside the taxicab and in full view of passengers, a valid taxicab
driver's permit bearing the name and photograph of the taxicab driver and identifying the
name of the taxicab franchisee under which such taxicab is operated;
(3) Maintain in each taxicab a working two-way radio or mobile display terminal
capable of communication with a dispatcher;
(4) Obtain an annual vehicle inspection of each taxicab by a certified mechanic
or automotive repair dealer authorized bythe City. Inspection records must be maintained
in the business office of the franchisee and shall be available for inspection by the Police
Department at all reasonable times; and
(5) Permit any police officer of the City enforcing this Chapter to inspect any
taxicab upon request.
(e) No person shall drive or operate a taxicab in the City into which passengers
are accepted unless the person is an owner or member of, employed by, or is an
authorized agent of a taxicab franchisee,
(f) Taxicabs may be driven pursuant to a contract, agreement, or understanding
between the franchisee and the driver. Such contract, agreement, or understanding shall
not relieve the franchisee from full and complete compliance with the applicable provisions
of the Code, rules and regulations adopted pursuant to this Chapter, and the franchise
agreement.
6.49.090 Parking of vehicles; stands.
18
{a) No franchisee or driver shall permit any taxicab to stand while awaiting
employment at any place other than a stand designated by the Parking and Traffic
Engineer.
(b) No taxicab driver shall leave a vehicle unattended in a stand for a period of
time longer than three (3) minutes
(c) Stands may be occupied at any time, except when standing, sfopping or
parking at a particular stand is otherwise prohibited by la~ri.
(d) Taxicab drivers may not stop in bus zones for purposes of loading or
unloading passengers unless there is no other practicable location to safely and
expediently load or unload such passengers..
6.45.100 Taxicab signs.
Taxicab franchisees and taxicab drivers shall ensure that taxicabs display the
following signage:
(a) Two cards not Tess than two by four inches nor more than two and one-half
by five inches, in both the front seat and the rear seat in full view of passengers, which
state the following in letters and numbers which are clearly legible and in the following
format:
(1) On the first card: the name, address and telephone number of the taxicab
franchisee which operates the taxicab and all rates to be charged; and
(2) On the second card: "COMPLAINTS? Call the City Of Santa Monica's
Hotline", followed by the City's hotline telephone number.
(b} Every taxicab shall have printed upon the door of such taxicab, in lettering
and numbering not less than two and one-fourth inches in height and five sixteenths of an
19
inch wide, the cab number and the name, address, and telephone number of the taxicab
franchisee which operates the taxicab. The telephone number and the cab number shall
also be printed in a plainly visible manner upon the rear of such vehicle.
(c) Every taxicab may-have an electrically lighted identification or vacant sign, or
a combination of both, attached to the top of such taxicab, which shall be not more than
two and one-half inches high by nine inches in length.
(d) No taxicab shall display arty sign other than those authorized in this Chapter.
6.49.110 Taximeters and rates.
(a) No taxicab shall be operated within the City unless it is equipped with a
taximeterthat is of a type and design approved bythe California Department ofAgriculture
and that -has been inspected and certified by the Los Angeles County Agricultural
CommissionerlWeights and Measures. Every taxicab franchisee and driver using any
taximeter shall of all times keep such meter accurate and in conformity with requirements
of the California Department of Agriculture.
(b) Taximeters are subject to inspection at any time by any police officer of the
City or any other authorized inspector. Any vehicle equipped with an inaccurate taximeter
is subject to impound until said taximeter shall have been correctly adjusted, inspected and
certified by the Los Angeles County Agricultural CommissionerNVeights and Measures.
(c) Taximeters shall be placed so that the reading dial displaying the amount to
be charged is well }ighted and readily discernible by passengers.
(d) All rates to be charged for transportation by taxicabs, including both flat and
mileage rates, must be approved by resolution of City Council. The Police Department
may make recommendations to the City Council as to rates and rate adjustments.
20
(e) All charges shall be based on taximeters at rates established by the City, and
ho person shall charge, collect, demand, receive, or arrange for any compensation for
taxicab service an amount that exceeds the charges or rates established and authorized by
the City.
(f) Except where a flat rate is applicable, it shall be unlawful for a taxicab driver
to do any of the following:
{1) Set the taximeter in operation when such vehicle is not actually hired;
(2) Fail to set the taximeter to anon-recording position attfie termination of each
and every service or call the attention of the passenger to the amount. registered;
(3) Fail to activate the taximeter while carrying passengers or under hire; or
(4) Activate or operate the taximeter so as to denote a rate of fare different from
that authorized pursuant to this Chapter.
(g) No driver of any taxicab upon receiving payment of a fare thereon shall
refuse to give a receipt upon the request of any passenger making said payment.
6.49.120 Full use of taxicab.
When a taxicab is engaged the occupant or occupants shall have the exclusive-right
to the full and free use of the passenger compartment and no owner or driver of said
taxicab shall solicit or carry additional passengers therein without soliciting and receiving
the consent of the occupant or occupants.
fi.49.130 Taxicab identification decal required.
(a) Every taxicab driver and franchisee shall ensure that a taxicab identification
decal is displayed in each taxicab at all times. Such decal shall be issued and affixed by
21
the Police Department to a specific area on the assigned taxicab as designated by the
Police Department.
(b) No person shall operate a taxicab without a current taxicab identification
decal for that specific vehicle.
(c) No taxicab identification decal issued shall be in any manner transferred or
assigned. Any decal that is transferred, assigned, or otherwise conveyed or stolen shall be
automatically revoked.
(d) No applicant may be issued a taxicab identification decal until that applicant
has paid all applicable fees and all of his, her or its outstanding parking citations, including
all civil penalties and related fees.
6.49.140 Penalty for violation.
(a) Except as otherwise provided in this Chapter, any person violating any
provision ofthis Chapter shall be guilty of an infraction, which shall be punishable by a fine
not exceeding two hundred fifty dollars ($250), or a misdemeanor, which shall be
punishable by a fine not exceeding one thousand dollars ($1,000) per violation, or by
imprisonment in the County Jail for a period not exceeding six (6) months, or by both such
fine and imprisonment. Where the violation is of a continuing nature, each day that the
violation continues constitutes a separate and distinct violation.
(b) Any police officer and other persons authorized by the City to enforce this
Chapter are authorized under Sections 53075.6 and 53075.61 of the California
Government Code, Section 5411:5 of the California Public Utilities Code, Section 21100.4
of the California Vehicle Code and any other applicable state law, to impound and retain
any vehicle operating within the City as a taxicab without having a valid taxicab vehicle
22
permit or taxicab driver's permit issued by the Police Department, and/or a franchise
granted by the Gity to operate a taxicab service, in violation of Phis Chapter.
{c) Every person who operates a taxicab and who knowinglyand willfully issues,
publishes or affixes, or causes or permits to be issued, published or affixed, any oral or
written advertisement, broadcast or holding out to the public or any portion thereof, in any
manner whatsoever, that the person operates a taxicab company or an individual taxicab
without having a valid taxicab vehicle permit and franchise granted by the City is guilty of a
misdemeanor.
(d) Any person who, after due notice and an opportunity to be heard in
accordance with the provisions of Chapter 6.16, is found to have been operating a taxicab
service within the City without a valid taxicab vehicle permit or taxicab driver's permit may
in the City's discretion be required to pay a fine of not more than five thousand dollars
{$5,000) for each violation, plus any assessments and interest as authorized by law.
{e} The remedies specified in this Section-are cumulative and their specification
shall not preclude the use of any other remedy provided by law.
SECTION 3. Subdivision(d)ofSection6.04.11.0ofChapter6.04ofArticleVlofthe
Santa Monica Municipal Code is hereby amended as follows:
(d) The annual license for taxicab franchisees shall expire at midnight on the
September 30th next succeeding its issuance.
SECTION 4. Section 6.04.160 of Chapter 6.04 of Article VI of the Santa Monica
Municipal Code is hereby amended as follows:
23
A penalty of twenty percent of the license fee due, in addition to the amount of such
license fee, shall be levied on all licensees who fail to pay their yearly license renewal prior
to September 1st ("delinquent date") and on all new businesses operating in the City who
fail to secure a business license within thirty days after opening for business. In the case
of taxicab franchisees, a penalty of twenty percent of the license fee due, in addition to the
amount of such license fee, shall be (evied on all franchisees who fail to pay their yearly
license renewal prior to November 1st ("delinquent date"). An additional penalty often
percent of the original license fee due shall be added for each month or portion thereof that
said license fee remains unpaid after the delinquen# date. In no case, however, shall the
penalty exceed one hundred percent of the original license fee due.
SECTION 5. Subdivision (b) of Section 6.04.170 of Chapter 6.04 of Article VI of the
Santa Monica Municipal Code is hereby amended as follows:
The City Manager or his or her designee may waive or refund a penalty assessed
pursuant to this Section .upon receiving satisfactory proof that the licensee mailed the
business license payment prior to September 1st of the year in which it was due and that
the failure of the payment to be postmarked prior to September 1st of the year in which it
was due or delivered was based upon operational problems caused by the United States
Postal Service.
SECTION 6. Sec#ion 6.04.220 of Chapter 6.04 of Article VI of the Santa Monica
Municipal Code is hereby amended as follows:
24
(a) Filing of Statement. )n all cases where the amount of license to be paid by any
person is based upon the amount of gross receipts, or upon the number of vehicles used,
such person or entity, before obtaining a license for such business and within sixty days
after the beginning of each license period, shall file with the Director of Finance a written
statement in the form required by the Director of Finance, supported by such
documentation requested by the Director of Finance, showing the total amount of gross
receipts during the preceding calendar year, or the number of vehicles used at the date of
such statement.
(b) Contents of Statement. Any statement filed pursuant to this Section shall be
signed and shall contain fhe following:
I declare, under penalty of making a false declaration, that I am authorized to
make this statement and to the best of my knowledge and belief it is a true,
correct and complete statement, made in good faifh for the period stated.
For making a false statement or declaration the person signing the statement
shall be guilty of a misdemeanor
(c) Confidentiality as to Gross Receipts. Information filed pursuant tc this
Section as to the gross receipts of a particular person or entity shall be confidential in
character and shall not be subjectto public inspection. !t shall be the duty of the Director of
Finance to preserve and keep such gross receipts information so that it may not become
known except to the persons charged by law with the administration of this Code.
25
(d) Statement Not Conclusive. No s#atement filed pursuant to this Section
shall be conclusive upon the City or upon any officer thereof as to the matters therein set
forth, and the same shall not prejudice the right of the City to recover any amount that may
be ascertained to be due from such person in addition to the amount shown by such
statement should it be found to be incorrect.
(e) Newly Established Business License Renewal. In any case where an
original license is to be issued for a newly established business, the mihimum tax
applicable far that type of business shall be paid for the original license. At the date of
renewal, if such business is subject to a business license tax based upon gross receipts,
an additional fee shall tie charged, based upon the gross receipts of such business during
the prior year, at the tax rate applicable for such business, after deducting from the amount
so found to be due the amount paid at the time such original license was issued.
(f) Accuracy of Statement Subjectto Audit. The correctness of any statement
filed pursuant to this Section shall be subject to audit and verification by the Director of
Finance, who is hereby authorized and empowered to inspect and audit the books and
records of any and all persons licensed to carry on any lousiness specified in this Code. No
person licensed to carry on any business specified in this Code shall refuse or fail to allow
the Director of Finance to inspect and audit such books and records or shall refuse or fail
to provide such additional information as requested by the Director of Finance.
(g) Failure to File Statement. If any person or entity required to file any
statement pursuant to this Section shall fail to do so such person shall be guilty of a
26
violation of this Code. (Prior code § 6020; added by Ord. No. 1523CCS, adopted 5!8/90;
amended by Ord. No. 2126CCS § 4, adopted 6115/04)
SECTION 7. Section 6.08.210 of Chapter 6.08 of Article VI of the Santa Monica
Municipal Code is hereby amended as follows:
6.08.210 Taxicabs {Tax Rate Group VIl).
This business. classification is in Tax Rate Group VII and applies to-the running,
driving, or operating of ahytaxicab when driven by the ownerofthetaxicab franchisee, or a
member, employee or other representative of the taxicab franchisee, or by the person or
persons hiring or renting the same at rates per mile, per trip, per hour, per day, per week,
or per month; and such vehicle is routed under the direction of such passenger or
passengers, or of such persons hiring the same..
SECTION 8. Subdivision (g) of Section 6.12.010 of Chapter 6.12 of Article VI of the.
Santa Monica Municipal Code is hereby amended as follows:
(g) Tax Rate Group VII. Each person, entity orfranchisee in this group shall pay
the sum of two hundred and fifty dollars ($250) per vehicle per year for each vehicle which
is included within the following business classification:
(1) Taxicabs.
SECTION 9. Section 6.14.080 of Chapter 6.14 of Article VI of the Santa Monica
Municipal Code is hereby amended as follows:
27
6.14.080 Taxicabs.
A police permit shall be required for any person engaged in the taxicab business
under Section 6.08.210 and Chapters 6.48 and 6.49 of this Code.
(a) Taxicab franchisee.
(b) Taxicab driver.
(c) Vehicle far hire.
SECTION 10. The City Council finds that this Ordinance is exempt from the.
provisions of the California Environmental Quality Act (CEQA) pursuant to California Code
of Regulations, Title 14, Section 15308, which exempts actions taken by regulatory
agencies intended for the protection of the environment, and Section 15061 (b)(3}, which
exempts local agency activities that have no potential to result in adverse impacts on the
environment. The City Council finds that the activity -under this Ordinance will reduce
impacts on air quality and traffic and will not have a significant effect on the environment.
SECTION 11. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the exten# of such
inconsistencies and no further, is hereby repealed or modified to that extent necessaryto
effect the provisions of this Ordinance.
SECTION 12. 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
28
portions of this Ordinance. The City Council hereby declares that itwould have passed Phis
Ordinance. and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard towhether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 13. The Mayor shall sign and the City Clerk shall attest tc 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.
AP VEDAS TO FORM:
d
MA SH J NES M TRIE
Ci Att rn y
29
Approved and adopted this 28th day of Juiy, 2009.
Ken Dense, Mayor
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria Stewart, Gity Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2292 (CCS) had its introduction on Juhe 30th, 2009, and was
adopted at the Santa Monica City Council meeting held on July 28th, 2009, by the
following vote:
Ayes: Councii members:
Noes: Counci( members:
Abstain: Council members:
Absent: Council members:
Bloom, Davis, Holbrook
Mayor Denser, Mayor Pro Tem O'Connor
None
None.
McKeown, Shriver
A summary of Ordinance No. 2292 (CCS) was duly published pursuant to California
Government Code Section 40806.
ATTEST:
Maria Stewart, Cit Clerk
City Council Meeting 06-08-2010 -Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 6.49 OF ARTICLE VI OF THE SANTA MONICA
MUNICIPAL CODE RELATING TO TAXICAB FRANCHISES; AND AMENDING
SECTIONS 6.04.110 AND 6.04.160 OF ARTICLE VI OF THE SANTA MONICA
MUNICIPAL CODE REGARDING TAXICABS.
WHEREAS, on July 28, 2009, the City Council adopted Ordinance No. 2292 (CCS),
establishing a taxicab franchise system in order to assure reliable, safe, quality taxicab
services in the City and to eliminate undue congestion and air pollution, disorganization
and hazards associated with the City's previous open-entry regulated taxicab environment;
and
WHEREAS, Section 6.49.020 of the Santa Monica Municipal Code authorizes the
Santa Monica Police Department to adopt rules and regulations consistent with and
necessary to implement Chapter 6.49 of the Code; and
WHEREAS, the City desires to establish a hearing procedure and penalty structure
for violations of rules and regulations adopted pursuant to Section 6.49.020; and
WHEREAS; the City strives to establish a clear, fair, effective and administratively
efficient system for regulating taxicabs;
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Subdivision (a) of Section~6.49.040 of Chapter 6.49 ofArticle VI of the
Santa Monica Municipal Code is hereby amended as follows:
(a) The City may in its discretion award one (1) or more, but no more than eight
(8), nonexclusive franchises for the operation of taxicab services within the City. Upon
issuance of one (1) or more franchises, the City shall not accept new or renewal
applications for an existing business license decal or police permit to operate a taxicab
service and it shall be unlawful for any person other than a taxicab franchisee and its
employees or authorized agents to operate, engage in the business of operating, or cause
to be operated any taxicab service within the City.
SECTION 2. Subdivision (ki) of Section 6.49..100 of Chapter 6.49 of Article VI of the
Santa Monica Municipal Code is hereby amended as follows:
(b) Every taxicab shall have printed upon the door of such taxicab, in lettering
and numbering not less than two and one-fourth inches in height and five sixteenths of an
inch wide, the cab number and the name, ~~' and telephone number of the taxicab
franchisee which operates the taxicab. The telephone number and the cab number shall
also be printed in a plainly visible manner upon the rear of such vehicle.
SECTION 3. Subdivision (i)(2) of Section 6.49.040 of Chapter 6.49 of Article VI of
the Santa Monica Municipal Code is herebyamended as follows:
(2) Annual Taxicab Veh'rcle'Rermit Fee. Each taxicab franchisee shall be
required annually to obtain a taxicab vehicle permit and to paytothe City an annual taxicab
vehicle permit fee for each taxicab operating under its franchise. Any taxicab vehicle
2
permit issued pursuant to a franchise prior to June 30, 2011, shall expire on June 30, 2011,
unless revoked or suspended prior to that date pursuant to this Chapter. Taxicab vehicle
permits issued after June 30, 2011, shall expire at midnight on the June 30th next
succeeding its issuance, unless ~evokecJ or suspended prior to that date pursuant to this
Chapter.
SECTION 4. Subdivision (e) of Section 6.49.070 of Chapter 6.49 of Article VI of the
Santa Monica Municipal Code is hereby amended as follows:
(e) Taxicab Driver's Permit Expiration and Renewal. Any taxicab driver's
permit issued pursuant to a franchise prior to June 30, 2011, shall expire on June 30, 2011,
unless revoked, suspended or terminated prior to that date. Taxicab driver's permits
issued after June 30, 2011, shall expire at midnight on the June 30th next succeeding its
issuance, unless revoked, suspended or terminated prior to that date. A taxicab driver's
permit which has not been revoked; suspended, or terminated may be renewed annually
by paying the annual taxicab driver's permit fee and by filing with 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 driver has tested negative for drugs
and alcohol as provided by Section 53075.5(b)(3) of the California Government Code.
SECTION 5. Subdivision (d)(3) of Section 6.49.080 of Chapter 6.49 of Article VI of
the Santa Monica Municipal Code is hereby amended as follows:
(3) Maintain in each. taxicab a working two way radio and a-er mobile display
terminal capable of communication with a'dispatcher;
3.
SECTION 4. Subdivision (a) of Section 6.49.140 of Chapter 6.49 of Article VI of the
Santa Monica Municipal Code is hereby amended as follows:
(a) Except as otherwise provided in this Chapter, any person violating any
provision of this Chapter shall be guilty of either: 1 an infraction, which shall be
punishable by a fine of one hundred dollars ($100) for the first violation,.^,. ;~.g two
hundred €F#y dollars ($2500) for a second `violation within one year, and five hundred
dollars ($500) for a third and subsequent violations within one year;; or(~ a misdemeanor,
which shall be punishable by a fine not exceeding one thousand dollars ($1,000) per
violation, or by imprisonment in the County Jail for a period not exceeding six (6) months,.
or by both such fine and imprisonment. Where the violation is of a continuing nature, each
day that the violation continues constitutes a separate and distinct violation.
SECTION 5. Section 6.49.150 is hereby added to Chapter 6.49 of Article VI of the
Santa Monica Municipal Code as follows:
6.49.150 Hearing procedure and penalties forviolations of rules and regulations.
be subject to the following:
(a) Notice of Violation.
(1) Whenever an enforcement officer charged with the enforcement of any
provision of Chapter 6.48 or this Chapter determines that a violation of the taxicab rules
and regulations has occurred the enforcement officer shall have the authority to issue a
notice of violation to any person responsible for the violation.
4
(2) Each notice of violatijon shall contain the date of the violations; the addressor
a description of the location where the violations occurred; a list of the rules or regulations
alleged to have been violated accompanied by a brief description of the alleged violations;
the amount of the fine and/or number of penalty points to be assessed; a description of the
fine pavment process including the time within which and the place to which the fine must
be paid an order prohibiting the continuation or repeated occurrence of the listed
violations a description of the hearingprocess including the time within which the notice of
violation may be contested and the place from which a request for hearing form to contest
the notice of violation may be obtained; and the name and signature of the citing
enforcement officer.
(b) Applicable Penalties:'
(1) Fine for Violations by Taxicab Drivers. Anv taxicab driverwho violates a rule.
or regulation adopted pursuant to Section 6.49.020 shall be subject to a fine, and the
taxicab franchisee under which the. taxicab driver operates shall also be subject to a fine.
(2) Fines and Penalty Points for Violations by Taxicab Franchisees. Anv
franchisee that violates a rule or regulation adopted pursuant to Section 6.49.020 shall be
subject to a fine and assessed penalty points.
(3) .Amount of Fines and Penaltv Points. The amounts of the fines for violations
of rules or regulatiohs adopted pursuant to Section 6.49.020 shall be set forth in a
schedule of fines established by resolutioh if tie City Council. The schedule of fines shall
also set forth a schedule of penalty points, shall specify increased fines for repeat
violations and shall specify the amount of any late pavment charges imposed for the
payment of a fine after ity due date.
(4) Payment of Fines. The fine shall be paid to the City within twenty-one days
from the date of the notice of violation. Late payment of fines shall be subject to late
~ayment charges set forth in the schedule of fines.
(5) Form of Payment of Fines; AnVfines imposed .pursuant to this Section shall
be paid by cash cashier's check or credit/debit card. Personal or company checks will not
be accepted'; unless prior written authorization is obtained from the City Finance
Department.
(6) Failure to Pay Fine. The failure to pay any fine imposed pursuant to this.
Section is a misdemeanor. The filing of a criminal misdemeanor action does not preclude
the City from using any other legal remedy available to gain compliance with a notice of
violation.
(c) Request for a Hearing. Any recipientof a notice of violation pursuant to this
Section may contest that there was a vialatiorr of the taxicab rules and regulations or that
the form together with an advance deposit of the fine, to the Police Department within
twenty-one days from the date of the notice of violation. The person requesting the
hearing shall be notified of the time and place for the hearing at least seven days prior to
the date of the hearing. ~ he hearing date shall be set for a date that is at least seven days
and not more than twenty-one days from the date that the Police Department receives the
request for hearing form:
(d) Hearing Officer. The hearing may be conducted by a Sergeant or Lieutenant
or department head or a division head of the Police Department who was not involved in
the issuance of the notice of violation.
(e) Hearing Procedure. At the hearing, the party contesting the notice of
violation shall be given the opportunity to testify and to present evidence concerning the
notice of violation. Failure of the taxicab driver or a franchisee representative to appear at
the hearing shall constitute a forfeiture of the fine, a failure to exhaust administrative
remedies, and a waiver of the right to a hearing. The Hearing Officer may within his or her
discretion continue the hearing ahd request additional information from the parties prior to
issuing a written decision.
(fl Presence of Taxicab Franchisee Representative at Hearing of Taxicab Driver.
A representative of the Franchisee may be present at any hearing of that franchisee's
taxicab drivers, and must be present if required by the Police Department.
(q) Hearing Officer's Decision. Within fourteen days after the conclusion of the
hearing, the Hearing Officer shall issue a written decision that upholds or cancels the
notice of violation and sets forth the reasons for the decision. If the Hearing Officer
upholds the notice of vi~ilation, the fine on deposit with the City shall be retained by the
City. If the Hearing Officer cancels the notice of violation, the City shall promptly refund the
deposited fine. Unless the City returns the fine within thirty days after the Hearing Officer's
decision, this refund shall also include interest at the average. rate earned on the Cites
portfolio for the period of time that the firie amount was held by the City. The Hearing
Officer's decision shall be final.
(h) Assessmeht of Penalty Points to Taxicab Franchisee. Any franchisee that
violates a taxicab rule or regulation may be assessed penalty points in accordance with the
schedule of fines. Penalty points may also be assessed against the franchisee for each
violation committed by that franchisee's taxicab drivers.
(i) Pavment of Fines by Taxicab Franchisee. Fines imposed upon a taxicab
franchisee for violations by the franchisee's taxicab drivers shall be invoiced to the.
franchisee on a monthly basis along with a listing of any hearing conducted during the
billing month including the notice of violation, the notice of hearing, the hearing decision,
and the penalties assessed. The franchisee shall pay the fines to the City within thirty days
after the date of the invoice. A penalty of ten percent of the amount due shall be levied on
any franchisee that fails to make timely Pavment. An additional penalty of ten percent of
the amount due shall be levied upon any franchisee that fails to make Pavment of any
amount due on or before the last day of the fourth month following the date on which the
payment first became delinguent..ln additioh to the penalties imposed for late Pavment,
interest charges will be imposed on late payments at the rate of one and one half percent
per month, or fraction thereof on the Pavment due, exclusive of penalties, from the date on
which the payment became delinquent until it is paid.
{D Right to Judicial Review. Any person directly aggrieved by a decision of a
Hearing Officer may obtain review of the decision by filing a petition for review-with the
Superior Court.
SECTION 6. Subdivision (d) of Section 6.04.110 of Chapter 6.04 ofArticle VI of the
Santa Monica Municipal Gode is hereby deleted as follows:
8
SECTION 7. Section 6.04.160 of Chapter 6.04 of Article VI of the Santa Monica
Municipal Code is hereby amended as follows:
A penalty of twenty percent of the lieehse fee due, in addition to the amount of such
license fee, shall be levied on all licensees vvho fail to pay their yearly license renewal prior
to September 1st ("delinquent date") and on all new businesses operating in the City who
fail to secure a business license within thirty days after opening for business. '^ +~-ca; e
~.r~~r.4,~~_~ r~~~~ ~~c.~e ~h..Il he Ie.i v.J n .+II fr.,nnh'c o ~.h,., f-,'I 4n .. .. fh.,i...e,n.l..
c;,~..,.~~_nl,,.,e..,ho. ,~+ r~,+ol;.,,.,,~..+,~.,+e~~~ An additional penalty of ten
percent of the original license fee due shall be added for each month or portion thereofthat
said license fee remains unpaid after the delinquent date. In no case, however; shat! the
penalty exceed one hundred percent of the original license fee due.
SECTION 8. The City Council .finds- that this Ordinance is exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to California Code
of Regulatioris, Title 14, Section 15308, which. exempts actions taken by regulatory
agencies intended for the protection of the environment, and Section 15061 (b)(3), which
exempts local agency activities that have no potential to result in adverse impacts on the
environment. The City Council finds that the activity under this Ordinance will reduce
impacts on air qualityand traffic and wilinot have a significant effect orr the environment.
SECTION 9. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisiohs -of this Ordinance, to the extent of such
9
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTfON 10. 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 Councifhe[eby 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.
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SECTION 11. 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.
AS TO FORM:
City
E
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