Chapter 5.40
TAXICABS AND FOR HIRE VEHICLES
Sections.
5.40.010 Taxicab or limousine business license and service permits required.
5.40.015 Application for taxicab or limousine business license.
5.40.020 Application for taxicab or limousine service permit.
5.40.030 Qualifications of applicant for taxicab or limousine business license.
5.40.040 Vehicle equipment and inspection.
5.40.050 Processing of applications.
5.40.060 Additional inspection.
5.40.070 Transfer, lease or change of taxicab or limousine permit or vehicle.
5.40.090 Responsibilities of taxicab and limousine permittee.
5.40.105 Grounds for denial, suspension or revocation.
5.40.110 Procedure for denial, suspension or revocation of permit.
5.40.112 Procedure for denial, suspension or revocation of taxicab or limousine business license.
5.40.115 Chauffeur’s license required.
5.40.120 Qualifications of applicant.
5.40.125 Processing chauffeur applications.
5.40.130 Prohibited activities.
5.40.140 Denial, suspension, or revocation of chauffeur’s license.
5.40.145 Annual renewal of licenses and permits.
5.40.010 Taxicab or limousine business license and service permits required.
A. No person may operate a vehicle which the person owns as a taxicab or limousine, or cause or permit a vehicle which the person owns to be utilized as a taxicab or limousine, within the Bristol Bay Borough, without first obtaining a taxicab or limousine business license. A person who obtains a taxicab or limousine business license is also required to obtain a separate service permit for each vehicle which the person operates, or which the person causes or permits to be operated, as a taxicab or limousine within the Bristol Bay Borough. This section does not apply to a person who only has a lien on a vehicle to secure the payment of the purchase price.
B. The holder of a taxicab or limousine business license is required to renew the license annually. The renewed license, if granted, shall be valid from January 1st through December 31st of the year to which it applies.
C. The holder of a taxicab or limousine business license is required to renew on an annual basis the taxicab or limousine service permits for each of the person’s vehicles which is to continue to be operated as a taxicab or limousine. The renewed service permit, if granted, shall be valid from January 1st through December 31st of the year to which it applies.
D. A taxicab or limousine business license that is not renewed or applied for prior to January 25th shall lapse. Applications for a taxicab or limousine business license, and applications for a taxicab or limousine service permit, must be made at the police department during regular business hours. The individual person who submits the application must do so in person, and must be the applicant, or a partner in the applicant if the applicant is a partnership, or an officer or director of the applicant if the applicant is a corporation. (Ord. 96-12 §2, 1996).
5.40.015 Application for taxicab or limousine business license.
A. An application for a new taxicab or limousine business license, or for the renewal of an existing taxicab or limousine business license shall be submitted to the chief of police on an application form provided by the police department. The application form shall request the following information and documentation:
1. The name and address of the applicant;
2. Whether the applicant is a natural person, a partnership, a corporation, or some other form of entity;
3. The names and addresses of each owner, partner, officer, and director of applicant, and of each shareholder with more than a five percent ownership interest in the applicant;
4. The name under which the applicant will conduct the taxicab or limousine business;
5. A copy of an insurance policy or certificate of insurance from an insurance company licensed to issue insurance policies in Alaska, showing that there is coverage for personal injury or property damage arising or resulting from the operation of the taxicab or limousine business. The policy shall include uninsured motorist coverage. The policy limits shall not be less than one hundred thousand dollars for any one accident. The policy or certificate shall include a provision for any one accident. The policy or certificate shall include a provision or a rider which specifies that the policy may not be canceled until at least thirty days advance written notice has been given to the chief of police.
B. The application may also request such additional information or documentation as the chief of police determines is reasonably necessary to allow the police to regulate the compliance of the taxicab and limousine industry with applicable health and safety laws and regulations. (Ord. 96-12 §3, 1996).
5.40.020 Application for taxicab or limousine service permit.
A. An application for a new taxicab or limousine service permit, or for the renewal of an existing taxicab or limousine service permit shall be submitted to the chief of police on an application form provided by the police department. The application form shall request the following information and documentation:
1. The name and address of the owner of the vehicle for which a service permit is sought;
2. The make, model, year of manufacture, and vehicle identification number of the vehicle for which a service permit is sought; and
3. A copy of an insurance policy or certificate of insurance, showing that the vehicle for which a service permit is sought is covered by an insurance policy which meets the minimum requirements set out in Section 5.40.015(A)(5) of the Bristol Bay Borough Code;
B. The application form may also request such additional information and documentation as the chief of police determines is reasonably necessary to allow the police to regulate the compliance of the taxicab and limousine industry with applicable health and safety laws and regulations. (Ord. 96-12 §4, 1996).
5.40.030 Qualifications of applicant for taxicab or limousine business license.
An applicant for a taxicab or limousine business license, including all partners in a partnership, and all officers, directors and persons holding a controlling interest in a corporation, or other legal entity, shall possess the following qualifications:
A. Not be addicted or habituated to the use of intoxicants, narcotics or hallucinogenic drugs;
B. Be of good moral character and reputation; and
C. Have had no felony conviction for two years prior to the date of application, and no conviction at any time of any felony or misdemeanor involving sexual misconduct, assault with a deadly or dangerous weapon, use of or trafficking in narcotics or dangerous drugs, or trafficking in women for immoral purposes. (Ord. 96-12 §5, 1996).
5.40.040 Vehicle equipment and inspection.
A. Prior to issuance of a taxicab or limousine permit, the chief of police shall conduct a physical examination of the vehicle for which the permit will be issued to determine whether it is mechanically safe for operation, properly equipped to comply with all existing requirements, and suitable for public patronage and occupancy.
B. Vehicles to be utilized as taxicabs or limousines shall be marked and equipped as follows:
1. The taxicab or limousine permit number assigned to the vehicle and the dispatch service identification shall be affixed to each side of the vehicle or set forth on an illuminated toplight structure affixed to the vehicle, in readable letters which are not less than two nor more than twelve inches high.
2. An interior light shall be so arranged as to illuminate the entire passenger compartment of the vehicle while passengers are entering or exiting. (Ord. 85-6 (part), 1985).
5.40.050 Processing of applications.
A. Following his receipt of an application for a taxicab or limousine business license, the chief of police shall review the application and conduct such further investigation of the applicant as he deems appropriate. The chief of police shall then endorse the application with his recommendation and forward it to the borough manager for presentation to the borough assembly for final approval or denial. If the chief of police anticipates giving a negative recommendation on the application, the chief of police shall give the applicant an opportunity to meet informally with the chief of police within three days and give the applicant an opportunity to provide additional information and comments in support of the application.
B. Following his receipt of an application for a taxicab or limousine service permit, and following his inspection of the vehicle, the chief of police shall determine whether the vehicle meets the requirements of the applicable laws and regulations. If it does, then the chief of police shall issue the taxicab or limousine service permit. If it does not, then the chief of police shall issue a written notice stating the basis for the denial of the service permit. (Ord. 96-12 §6, 1996).
5.40.060 Additional inspection.
The chief of police shall conduct supplementary inspections of each vehicle for which a taxicab or limousine permit is issued not less than once biannually. Additional inspections may be conducted at such times as may reasonably appear to be necessary due to accidents, repairs or other circumstances which might adversely affect the safety of the vehicle or the continuing conformance of the vehicle to the requirements of this chapter. (Ord. 85-6 (part), 1985).
5.40.070 Transfer, lease or change of taxicab or limousine permit or vehicle.
A permittee may not sell, transfer, lease, assign or otherwise grant any right or interest in or to a taxicab or limousine permit to any person without the prior approval of the borough assembly. The assembly shall permit the sale, lease, transfer or assignment to another person who otherwise satisfies the qualifications established by this chapter. (Ord. 85-6 (part), 1985).
5.40.080 Change of vehicle.
The holder of the taxicab permit shall notify the chief of police immediately upon the destruction, substantial damage, loss or sale of a motor vehicle described in the taxicab or limousine permit. The permit shall be immediately suspended and shall not be reinstated until the vehicle has been repaired and inspected or a substitute vehicle registered to the permittee has been presented for inspection by the chief of police and a substitute taxi or limousine permit issued. If a damaged vehicle is not repaired and placed back in service, or replaced, within forty-five days after substantial damage, the taxicab or limousine permit for the vehicle shall be revoked. If the permittee provides the chief with a statement from an automobile repair shop advising that required parts are not available, the chief of police may extend the time to repair the vehicle for a period not to exceed an additional ninety days. (Ord. 85-6 (part), 1985).
5.40.090 Responsibilities of taxicab and limousine permittee.
A. The permittee shall maintain the vehicle identified in the taxicab or limousine permit in good condition and repair at all times. The inspections conducted by the chief of police shall not diminish permittee’s responsibility with regard to the condition of the vehicle, nor shall it constitute an assumption of all or any part of that responsibility by the borough.
B. A legible notice or placard setting forth the fares charged to passengers shall be posted in the taxicab or limousine. (Ord. 85-6 (part), 1985).
5.40.105 Grounds for denial, suspension or revocation.
A. A taxicab or limousine business license, and the taxicab or limousine service permit may be denied, suspended or revoked for any of the following reasons:
1. Falsification of any statement or information in the application for the taxicab or limousine business license, or in the application of the taxicab or limousine service permit;
2. Violation by the permittee or any of the permittee’s chauffeurs of any of the provisions of this chapter or of any applicable provision of borough or state law relating to the use or operation of a taxicab or limousine;
3. Violation of the permittee of any rates other than posted;
4. The cancellation of the insurance required by this chapter and permittee’s failure to acquire replacement prior to the effective date of that cancellation;
5. Conviction of the permittee, or any officer, manager, director or controlling shareholder thereof, of any of the following:
a. A felony or a misdemeanor involving moral turpitude or a sexual offense,
b. A felony involving a crime of violence,
c. A felony or a misdemeanor involving the use of, or possession of or traffic in a controlled substance as defined in AS 11.71.900(4),
d. A felony, any portion of the sentence of which was served within two years immediately preceding the application,
e. Reckless driving on two or more occasions within a twelve-month period occurring within one year immediately preceding the application or at any time after its issuance, and
f. Operating a motor vehicle while under the influence of drugs or alcohol on one or more occasions within a twelve-month period occurring within one year immediately preceding the application or at any time after its issuance. (Ord. 96-12 §7, 1996).
5.40.110 Procedure for denial, suspension or revocation of permit.
A. Prior to initiation of a proceeding to suspend or revoke a permit, the chief of police shall issue a notice of noncompliance to a permittee, containing a brief statement of facts indicating a correctable noncompliance with applicable provisions that would warrant action against the vehicle permit. The notice shall specify a period of time, not to exceed thirty days, within which permittee may demonstrate compliance with the provision to avoid action against the permit. A notice of noncompliance shall not be used for any violation that would create a danger or risk to the public or any passenger or permittee.
B. A proceeding for the denial, suspension or revocation of a taxicab or limousine permit may be initiated by the chief of police or by any other person having knowledge regarding facts creating a basis for such action, by filing a written summary of those facts with the borough manager and requesting action against the permit and/or operator. Following review of the statement and when requested by the borough manager, upon completion by the police department of an investigation into the alleged facts, the borough manager shall schedule a hearing on not less than ten days written notice to the applicant, the permittee, the chief of police, and any other person who has requested that the proceeding be instituted. The notice shall give the time and place of hearing and a statement of the grounds alleged for the proposed action. Upon request, the manager shall provide the applicant or permittee with a photocopy of any statement upon which the action was initiated. At the hearing, the applicant or permittee may be represented by council and shall have the right to testify, present witnesses in their own behalf, and to cross-examine other witnesses presented. Following the hearing the borough may deny or approve the permit or may revoke or suspend an existing permit.
C. If the borough manager denies, suspends or revokes a permit, the applicant or permittee may appeal to the borough assembly by filing a written notice of appeal with the borough manager within twenty days from the date of the manager’s decision. The notice shall state the grounds for appeal; and no issues, other than those stated in the notice, shall be considered by the assembly on appeal. Upon receiving a timely notice of appeal, the borough manager shall put the appeal on the agenda for public hearing at the next regular assembly meeting. The assembly may, at its discretion determine to hear the appeal on the record, including any affidavits, summaries of testimony or other exhibits and evidence submitted to the manager, supplemented by briefs and arguments, or to hear the appeal de novo. At the close of the hearing, the assembly may modify, revoke, rescind or affirm the decision of the borough manager
D. Notwithstanding the provisions of subsections A through C of this section, a vehicle permit shall be immediately suspended upon permittee’s failure to maintain insurance required by subsection A 6 of Section 15.40.020 of this chapter, or upon a determination by the chief of police that the taxicab for which the permit was issued fails to comply with applicable vehicle codes and the deficiency creates an immediate and substantial risk of harm to passengers or the public if the vehicle is used for hire. The suspension shall remain in effect until insurance is obtained or the vehicle deficiency corrected, or until conclusion of any other action against the license for those violations, whichever first occurs. (Ord. 85-6 (part), 1985).
5.40.112 Procedure for denial, suspension or revocation of taxicab or limousine business license.
The procedure for denial, suspension or revocation of a taxicab or limousine business license is the same as the procedure for revocation, suspension or revocation of a taxicab or limousine service permit, as specified in Section 5.40.110 of the Bristol Bay Borough Code. (Ord. 96-12 §8, 1996).
5.40.115 Chauffeur’s license required.
A. No person may operate or drive a taxicab or other for hire vehicle upon any street or highway unless the person is licensed as a chauffeur under this chapter.
B. Chauffeur licenses shall be renewable annually and shall be valid from January 1st to December 31st of each year.
C. A chauffeur’s license is not required to drive a public or private school bus.
D. Chauffeur’s licenses will be issued between one p.m. and four-thirty p.m. each Wednesday. An application for a chauffeur’s license shall be submitted to the chief of police on a form provided by the police department. The information provided shall include, but not be limited to, the full name, address and birthdate of the applicant. The applicant shall submit with the license application:
1. A photograph taken by the police department;
2. A full set of fingerprints taken by the police department. (Ord. 85-6 (part), 1985).
5.40.120 Qualifications of applicant.
A. An applicant for a chauffeur’s license shall possess a valid state of Alaska driver’s license and demonstrate familiarity with the traffic laws of the borough and the state.
B. A person is not qualified to receive a chauffeur’s license if:
1. The person has been convicted of an offense involving traffic in women for immoral purposes, prostitution, soliciting for prostitution, pimping or other sexual offenses;
2. The person has been convicted of a felony involving a crime of violence;
3. The person has been convicted of a felony, any portion of the sentence of which has been served within two years immediately preceeding the application; or
4. The person is habituated or addicted to alcohol, narcotics or dangerous drugs. (Ord. 85-6 (part), 1985).
5.40.125 Processing chauffeur applications.
A. Upon receipt of a completed application for a new license, and upon determination that the applicant is qualified under Section 5.40.120 of this chapter, the chief of police may issue a temporary license. The temporary chauffeur’s license shall be valid for forty-five days, unless sooner revoked or suspended, and during that period a complete investigation of the applicant’s background and qualifications shall be conducted. When an applicant is determined to be qualified, the chief of police shall issue a chauffeur’s license and an identification photograph or placard.
B. Applications for renewal of a chauffeur’s license shall be submitted not later than thirty days prior to the expiration of the current license. (Ord. 85-6 (part), 1985).
5.40.130 Prohibited activities.
A licensed chauffeur may not:
A. Operate a taxicab or other for hire vehicle within the borough if a license or permit required by this chapter has not been issued for the vehicle or if that license or permit is not currently in full force and effect;
B. Charge a fare different from that authorized by the applicable tariff, as posted;
C. Drive a taxicab or other for hire vehicle in which the applicable tariff or notice of charges has not been posted in a manner so that it will be visible to passengers;
D. Solicit passengers for hire, for the purpose of obtaining or inviting business, or attract or attempt to attract the attention of members of the public by word of mouth, signal, nod or other demonstration while in motion or parked;
E. Park a taxicab or other for hire vehicle, except for the purpose of loading or unloading passengers in a taxi loading zone;
F. Operate or remain in physical control for purposes of operating a taxicab or other for fire vehicle for a period of time in excess of twelve consecutive hours, or for a period in excess of sixteen nonconsecutive hours in any twenty-four hour period. As used in this subsection "physical control" means having the vehicle accessible or being available for dispatch;
G. Consume any intoxicating liquor while on a work shift or within eight hours preceding operation of a taxicab or other for hire vehicle. (Ord. 85-6 (part), 1985).
5.40.140 Denial, suspension, or revocation of chauffeur’s license.
A. A chauffeur’s license may be denied, suspended or revoked for any of the following reasons:
1. Falsification of any statement or information;
2. Violation of any provision of this chapter;
3. Suspension or revocation of the licensee’s Alaska driver’s license;
4. Conviction of a felony, conviction of a misdemeanor involving moral turpitude or conviction of any sexual offense; or
5. Conviction of reckless driving or operating a motor vehicle while under the influence of drugs or intoxicating liquor.
B. The procedure for the denial, suspension or revocation of a chauffeur’s license shall be in accordance with Section 5.40.105 of this chapter. (Ord. 85-6 (part), 1985).
5.40.145 Annual renewal of licenses and permits.
Annual renewal of any taxicab or limousine permit or chauffeur’s license in force and good standing shall be granted automatically upon presentation of a proper application, and certificate of insurance if required, unless the chief of police has reason to believe that the applicant cannot meet the requirements of this chapter. (Ord. 85-6 (part), 1985).
5.40.150 Taxi and bus stands.
The assembly shall, by resolution, establish taxi stands and bus stands in such locations and in such numbers as the assembly may from time to time determine to be in the best public interest. No charge shall be levied for the use of such spaces by an appropriate vehicle properly licensed under this chapter. (Ord. 85-6 (part), 1985).
5.40.160 Definitions.
As used in this chapter:
A. "Chief of police" means the chief of police or authorized designee.
B. "Solicit" means asking anyone if they want a car for hire.
C. "Substantial damage" means damage that can reasonably be expected to adversely affect passenger safety or comfort.
D. "Taxicab or limousine service" means any vehicle for hire used to transport passengers for a fee to a designation of passenger’s choice. (Ord. 85-6 (part), 1985).