Chapter 5.40 VEHICLES FOR HIRE

No person may cause or permit a motor vehicle to be operated as a vehicle for hire, except in accordance with the terms of a permit issued for that vehicle under this chapter. [Ord. 1286(SUB) §5, 2011]

5.40.010 Permit application

(a) The registered owner (or all registered owners if there are more than one) of a motor vehicle must apply for a vehicle for hire permit for the motor vehicle. The application shall be submitted to the city clerk on a form provided by the city clerk, and shall include:

(1) The name and address of the applicant or applicants.

(2) If an applicant is not a natural person, the business entity form and jurisdiction of incorporation or organization of the applicant, and the name and address of each officer of the applicant and each natural person who owns, directly or indirectly, more than five percent of the equity of the applicant.

(3) The name under which the vehicle for hire business will be conducted.

(4) The make, model, year of manufacture, vehicle identification number, and Alaska license number of the motor vehicle registered to the applicant that will be operated under the permit.

(5) A description of any distinctive color scheme, design and lettering or numbering that will be applied to the exterior of the motor vehicle while it is operated under the permit.

(6) The type of vehicle for hire (taxicab, limousine or tour vehicle) that the applicant will operate under the permit.

(7) Proof that a vehicle that is to be used as a taxicab is registered as a taxicab with the state of Alaska, and proof that a vehicle that is to be used as any other type of vehicle for hire is registered for the transportation of passengers for hire with the state of Alaska.

(b) The application shall be accompanied by:

(1) The application fee established by resolution or motion of the city council.

(2) A copy of the applicant’s current Alaska business license.

(3) For each applicant who is a natural person, proof that the applicant is at least 19 years old.

(4) A written report on a form provided by the city of a safety inspection of the vehicle performed by a motor vehicle repair shop, confirming that the vehicle is equipped as required by this chapter and meets all other applicable legal requirements for operation as a vehicle for hire. The applicant shall select the motor vehicle repair shop to perform the safety inspection from a list supplied by the city, but may not select a motor vehicle repair shop that has an ownership interest in common with the applicant or the motor vehicle.

(5) Proof of insurance for the motor vehicle required by KCC 5.40.030.

(6) For a vehicle for hire permit for a taxicab, a copy of the tariff approved by the council under which the applicant will operate the taxicab. [Ord. 1286(SUB) §5, 2011]

5.40.015 Processing permit application

(a) Except as provided for taxicab permits in KCC 5.40.110, if the city clerk finds that a vehicle for hire permit application is complete, and meets all of the requirements in this chapter for the issuance of the permit, the city clerk shall notify the applicant that the permit is approved, and issue the permit after the applicant has obtained a certificate of registration as a sales tax collector under KCC 3.08.080.

(b) If the city clerk finds that a vehicle for hire permit application does not meet all of the requirements in this chapter for the issuance of a permit, the city clerk shall notify the applicant as provided in KCC 5.40.050(a) that the city clerk intends to deny the permit. If the applicant fails to cure the deficiency in the application within 10 days after the date of the notice, the city clerk shall deny the permit. The applicant may appeal the denial of a permit under this subsection to a hearing officer as provided in KCC 5.40.050(c). [Ord. 1286(SUB) §5, 2011]

5.40.020 Permit expiration and renewal

(a) A vehicle for hire permit is effective from the date of its issuance until it expires, as provided in this section.

(b) A vehicle for hire permit shall be issued for a period not to exceed three years and shall expire on December 31 of the second calendar year after the year in which it was issued.

(c) Beginning one month before the permit expires, a permittee may apply to renew the permit for the following three-year period. The renewal application shall contain the information required in KCC 5.40.010 and any additional information required for the type of vehicle for hire, and shall be processed as provided in KCC 5.40.015; provided, that the city clerk shall not renew the permit upon finding that any of the grounds for permit revocation in KCC 5.40.045 apply to the permittee. The applicant may appeal the denial of a permit under this subsection to a hearing officer as provided in KCC 5.40.050(c). [Ord. 1286(SUB) §5, 2011]

5.40.025 Required equipment and markings

(a) Every vehicle for hire shall be equipped with lighting that shall illuminate the entire passenger compartment of the motor vehicle while passengers are entering or exiting.

(b) Every vehicle for hire that is a limousine or a tour vehicle shall display on its windshield a decal issued by the city identifying the vehicle as a vehicle for hire and bearing the permit number for the vehicle for hire. [Ord. 1286(SUB) §5, 2011]

5.40.030 Required insurance coverage

The permittee shall maintain continuously for the motor vehicle that is described in the permit a policy of insurance issued by an insurance company authorized to do business in Alaska for liability arising from the operation of the motor vehicle, including uninsured motorist coverage, with a combined single limit of $300,000 for bodily injury or death in any one accident, and including a provision requiring written notice to the city not less than 30 days before cancellation of the policy or the reduction of coverage under the policy below the minimum limits required by this section. [Ord. 1286(SUB) §5, 2011]

5.40.035 Vehicle standards and inspection

(a) A vehicle for hire must meet the provisions of the State of Alaska Motor Vehicle Code and the applicable provisions of this chapter.

(b) The city may require an inspection of a vehicle for hire to be performed at the expense of the permittee when the city has reasonable cause to believe that the vehicle does not conform to the applicable requirements of this chapter. The permittee shall select the motor vehicle repair shop to perform the inspection from a list supplied by the city, but may not select a motor vehicle repair shop that has an ownership interest in common with the applicant or the motor vehicle.

(c) If the city determines that a vehicle for hire requires repair or modification to conform to the applicable standards of this chapter, the city may order the owner of the vehicle not to operate the vehicle until the owner has demonstrated to the satisfaction of the city that the required repair or modification has been completed. [Ord. 1286(SUB) §5, 2011]

5.40.040 Responsibilities of permittee

A permittee shall be responsible for:

(a) Collecting and timely remitting to the city all city sales tax for transportation services provided under the permit.

(b) Maintaining a current certificate of registration as a sales tax collector under KCC 3.08.080.

(c) Maintaining a current mailing address on file with the city clerk. Any notice to a permittee required under this chapter shall be deemed sufficient if mailed to the permittee’s mailing address that currently is on file with the city clerk.

(d) Maintaining and preserving for a period of not less than two years a legible written record of all trips of the motor vehicle operated under the permit, on a form provided by the city, and making all such records available for inspection by an employee authorized by the city manager during reasonable business hours.

(e) Maintaining the motor vehicle operated under the permit in good condition and repair at all times. No inspection of the motor vehicle required under this chapter shall affect the permittee’s responsibility under this subsection, or cause the city to assume any of that responsibility. [Ord. 1286(SUB) §5, 2011]

5.40.045 Grounds for permit suspension or revocation

The city clerk may suspend or revoke a permit on any of the following grounds:

(a) The making of a false statement in the permit application.

(b) Failure of the permittee to collect or timely remit sales taxes due on fares for transportation services rendered under the permit.

(c) Failure of the permittee to maintain a current certificate of registration as a sales tax collector under KCC 3.08.080.

(d) The cancellation of the insurance required by this chapter, or the reduction of insurance coverage below the minimum limits required by this chapter, and the permittee’s failure to provide the city clerk with evidence of replacement insurance before the effective date of the cancellation or reduction.

(e) Conviction of the permittee, any officer or employee of the permittee, or any owner of a controlling interest in the permittee, of any of the following:

(1) A felony.

(2) A misdemeanor involving the use of, possession of, or traffic in a controlled substance.

(f) Conviction of any chauffeur employed by the permittee of a violation of a provision of this chapter or any other provision of city or state law governing operations under the permit, if it is shown to be more likely than not that the permittee knew or should have known of the violation.

(g) A permittee under a permit for a taxicab charging any fare that does not conform to the tariff approved by the council under which the permittee is authorized to operate.

(h) Failure to comply with KCC 5.40.040. [Ord. 1286(SUB) §5, 2011]

5.40.050 Permit denial, suspension or revocation procedure—appeal

(a) Except where subsection (b) of this section authorizes an immediate suspension, at least 10 days before denying, suspending or revoking a permit, the city clerk shall mail to the applicant or permittee written notice of intent to deny, suspend or revoke the permit, stating the grounds therefor. The notice shall state the time and place at which the city will hold a hearing on the permit denial, suspension or revocation upon the permittee’s written request, which time shall not be less than 10 days after the date the city clerk mails the notice.

(b) Notwithstanding subsection (a) of this section, the city clerk may suspend a permit immediately if the city clerk has probable cause to believe that continued operation under the permit presents a substantial hazard to public safety, and shall suspend a permit immediately upon the permittee’s failure to maintain insurance required by KCC 5.40.030. The suspension shall remain in effect until the permittee demonstrates to the city clerk that the cause for the suspension has been corrected. Promptly after suspending a permit under this subsection, the city clerk shall give the permittee written notice of the suspension, and of the permittee’s right to request a hearing on the suspension, in accordance with subsection (a) of this section.

(c) Upon the submission by the applicant or permittee within five days after the date of the notice provided under subsection (a) of this section of a written request for a hearing on the denial, suspension or revocation of a permit, a hearing officer designated by the city manager shall conduct the hearing at the time and place stated in the notice of the denial, suspension or revocation. The hearing officer shall conduct the hearing in an informal manner and shall not be bound by the technical rules of evidence. The applicant or permittee may appear in person or by counsel, present evidence, and cross examine witnesses. The hearing shall be recorded. Within five days after the conclusion of the hearing, the hearing officer shall prepare and mail to the applicant or permittee and the city clerk a written decision whether to deny, suspend or revoke the permit, stating the reasons for the decision.

(d) Any person aggrieved by the hearing officer’s decision under subsection (c) of this section may appeal the decision to the superior court within 30 days after the date the decision was mailed or delivered to the parties. Unless the court orders otherwise, an appeal does not stay the effect of a decision by the hearing officer to deny, suspend or revoke a permit. [Ord. 1286(SUB) §5, 2011]

5.40.055 Shuttle vehicles prohibited

No person may cause or permit a motor vehicle to be operated as a shuttle vehicle. [Ord. 1286(SUB) §5, 2011]

5.40.090 Definitions

As used in this chapter:

(a) “Alcoholic beverage” has the meaning given in AS 04.21.080(b).

(b) “Chief of police” means the chief of police, or a person that the chief of police or the city manager designates to perform the functions of the chief of police under this chapter.

(c) “City clerk” means the city clerk, or a person that the city clerk or the city council designates to perform the functions of the city clerk under this chapter.

(d) “Controlled substance” means any substance listed as being controlled under AS 11.71 or 21 U.S.C. Sections 812 through 813, or determined under federal regulations to be controlled for purposes of 21 U.S.C. Sections 812 through 813 (Controlled Substances Act).

(e) “Courtesy vehicle” means a motor vehicle operated by a business to transport only:

(1) Clients of the business without any separate charge for the transportation; and

(2) Employees of the business.

(f) “License” means a chauffeur’s license issued under this chapter.

(g) “Licensee” means a holder of a license.

(h) “Limousine” means a motor vehicle that is used to transport passengers for an hourly or contract rate, and which is not operated over any fixed or defined route.

(i) “Motor vehicle” means a motor vehicle as defined in AS 28.40.100 that is required to be registered under AS 28.10, and that is not designed to transport more than 15 passengers, including the driver.

(j) “Motor vehicle repair shop” means a person subject to regulation under AS 45.45.130 through 45.45.240.

(k) “Permit” means a vehicle for hire permit issued under this chapter.

(l) “Permittee” means a holder of a permit.

(m) “Shuttle vehicle” means a motor vehicle that transports passengers for a fee from a starting point or to a destination that is selected by the operator. A courtesy vehicle is not a shuttle vehicle.

(n) “Substantial damage” means damage that can reasonably be expected to adversely affect passenger safety or comfort.

(o) “Taxicab” means a motor vehicle that is used to transport passengers for a fee based upon the distance traveled or waiting time, or both, and which is not operated over any fixed or defined route.

(p) “Test positive” for a controlled substance means the identification of one or more controlled substances in the urine based on levels defined by the U.S. National Institute of Drug Administration as confirmed by a laboratory certified by the U.S. Department of Health and Human Services.

(q) “Tour vehicle” means a motor vehicle that transports passengers for a fee on a route and to destinations selected by the operator, for the purpose of the operator showing the passengers locations of scenic, historic or cultural interest.

(r) “Unconditional discharge” means release from all disability arising under a sentence for an offense, including any period during which a person is subject to a suspended imposition of sentence, or to probation or parole.

(s) “Vehicle for hire” means a motor vehicle offered for hire with a driver as a taxicab, limousine or tour vehicle. [Ord. 1286(SUB) §5, 2011]

Article II. Taxicabs and Limousines

5.40.100 Permit to operate taxicab or limousine required

No person may cause or permit a motor vehicle to be operated as a taxicab except under a vehicle for hire permit for a taxicab. No person may cause or permit a motor vehicle to be operated as a limousine except under a vehicle for hire permit for a limousine. [Ord. 1286(SUB) §5, 2011]

5.40.105 Permit application for taxicab or limousine

In addition to the information required in an application for a vehicle for hire permit under KCC 5.40.010, an application for a vehicle for hire permit:

(a) For a taxicab shall include proof that the vehicle that is to be used as a taxicab is registered with the state of Alaska as a taxicab, and a copy of the tariff approved by the council under which the applicant will operate the taxicab.

(b) For a limousine shall include proof that the vehicle that is to be used as a limousine is registered with the state of Alaska for the transportation of passengers for hire. [Ord. 1286(SUB) §5, 2011]

5.40.110 Processing permit application for taxicab

(a) If the city clerk finds that an application for a vehicle for hire permit for a taxicab is complete, and meets all of the requirements in this chapter for the issuance of a permit except that the permit would be in excess of the number of permits for taxicabs authorized at that time, the city clerk shall refer the application to the city council for review under KCC 5.40.115(b). [Ord. 1286(SUB) §5, 2011]

5.40.115 Limits on number of permits for taxicabs and on permit ownership

(a) No more than 26 vehicle for hire permits for taxicabs, including permits that are suspended under KCC 5.40.045 or 5.40.135, may be in effect at any time. The city council may increase or decrease the maximum number of vehicle for hire permits for taxicabs if it finds that the public convenience and necessity so require; provided, that no decrease in the maximum number of permits for taxicabs shall have the effect of revoking or preventing the renewal of any existing permit.

(b) In addition to changing the maximum number of vehicle for hire permits for taxicabs under subsection (a) of this section, the council may increase the maximum number of such permits in response to an application for an additional taxicab permit. If the council finds probable cause to believe that the public convenience and necessity require the increase, the council shall hold a public hearing on the application. At the hearing, the applicant has the burden of proving by clear and convincing evidence that the public convenience and necessity require an increase in the maximum number of vehicle for hire permits for taxicabs. If the council determines that the public convenience and necessity require the increase, it shall direct the issuance of an additional vehicle for hire permit for a taxicab.

(c) If a vehicle for hire permit for a taxicab expires under KCC 5.40.020(b) and is not renewed, or is revoked under KCC 5.40.045, the council shall determine whether to reduce the number of authorized vehicle for hire permits for taxicabs. If the council does not reduce the number of authorized vehicle for hire permits for taxicabs, the city clerk shall publish and post notice to the public soliciting applications for a taxicab permit to replace the expired or revoked permit. Applications shall be submitted to the city clerk in the form, and with the information, required in KCC 5.40.010 and 5.40.105. If qualified applicants submit more applications meeting the requirements of KCC 5.40.010 and 5.40.105 than the number of available permits, the city clerk shall determine by lot which applicants will receive the available permits. The permittee under a vehicle for hire permit for a taxicab that expires under KCC 5.40.020(b) and is not renewed, or that is revoked under KCC 5.40.045, may not apply for another permit for a period of one year after the date of the expiration or revocation.

(d) No person may hold at any one time a direct or indirect interest in more than one-third, increased to the nearest whole number, of all vehicle for hire permits for taxicabs that then are authorized. A person holds an indirect interest in a permit if the permit is held by the person’s spouse, parent, brother, sister, or child, or an entity of which the person is a partner, member or shareholder. [Ord. 1286(SUB) §5, 2011]

5.40.120 Required equipment and markings

In addition to the requirements of KCC 5.40.025, a motor vehicle used as a taxicab shall:

(a) Have an illuminated toplight structure permanently affixed to the roof of the motor vehicle, which shall display the permit number assigned to the motor vehicle in readable letters which are not less than two nor more than 12 inches high.

(b) Display at a location in its interior that is visible to the passenger a legible notice or placard setting forth the fares charged to passengers.

(c) Display at a location in its interior that is visible to the passenger the identification and photograph for the chauffeur who is operating the vehicle. [Ord. 1286(SUB) §5, 2011]

5.40.125 Responsibilities of taxicab or limousine permittee

In addition to the responsibilities of a permittee under KCC 5.40.040:

(a) A taxicab or limousine permittee shall be responsible for determining that each person who operates the vehicle for hire has a valid current chauffeur’s license issued under this chapter.

(b) A taxicab permittee shall be responsible for retaining for a period of not less than two years after the end of each shift of a chauffeur operating the taxicab the trip sheet that the chauffeur is required to complete under KCC 5.40.330(b), and making all such records available for inspection by an employee authorized by the city manager during reasonable business hours. [Ord. 1286(SUB) §5, 2011]

5.40.130 Permit transfer

(a) Transfer of vehicle for hire permit for a taxicab.

(1) A permittee may not transfer the vehicle for hire permit for a taxicab, or any right to operate a motor vehicle as a taxicab under the permit, without the prior written approval of the city clerk. A transfer of any interest in a corporation or other business entity that results in a change in the control of the entity constitutes a transfer of any vehicle for hire permit for a taxicab held by the entity.

(2) A transferee of a vehicle for hire permit for a taxicab shall apply for approval of the transfer of the permit by submitting to the city clerk all of the information required in an original application for a taxicab permit under KCC 5.40.010 and 5.40.105. The city clerk shall approve the transfer of a taxicab permit only after finding that the transfer application is complete and meets all of the requirements in this chapter for the issuance of a vehicle for hire permit for a taxicab to the transferee. The city clerk shall notify the applicant of the denial of an application, and the applicant may appeal the denial, in the manner provided for the denial of a permit in KCC 5.40.015(b).

(b) A vehicle for hire permit for a limousine is not transferable. If the permittee transfers its interest in the motor vehicle that is the subject of a vehicle for hire permit for a limousine, the permit expires. [Ord. 1286(SUB) §5, 2011]

5.40.135 Voluntary suspension of permit for taxicab

(a) The permittee may elect to suspend operation of a motor vehicle as a taxicab by giving the city clerk written notice of the election and surrendering to the city clerk the vehicle for hire permit for the taxicab.

(b) While a suspension of a vehicle for hire permit under this section is in effect:

(1) The permittee may not operate the motor vehicle for which the vehicle for hire permit was issued as either a taxicab or any other type of vehicle for hire.

(2) The vehicle for hire permit remains subject to the provisions for permit expiration and renewal in KCC 5.40.020.

(3) Except as provided in this section, the motor vehicle for which the vehicle for hire permit was issued is not subject to the requirements of this chapter.

(c) The permittee may elect to terminate a permit suspension under this section and recover the suspended permit, by giving the city clerk written notice of the election, and demonstrating to the satisfaction of the city clerk that the motor vehicle for which the permit was issued meets all of the requirements for a taxicab in this chapter. The city clerk may require an inspection of the motor vehicle under KCC 5.40.035 for this purpose. [Ord. 1286(SUB) §5, 2011]

5.40.140 Loss, damage and disposal of motor vehicle

A permittee shall notify the city clerk immediately upon the loss, destruction, substantial damage, or sale or other disposal of the motor vehicle described in a permit for a taxicab or limousine. Upon the loss, destruction, substantial damage, or sale or other disposal of a motor vehicle described in a permit for a taxicab, the permit is suspended, and the permit shall be reinstated when the vehicle is repaired and/or replaced. Upon the loss, destruction, substantial damage, or sale or other disposal of a motor vehicle described in a permit for a limousine, the permit expires. [Ord. 1286(SUB) §5, 2011]

5.40.145 Limousine service requirements

(a) A permittee under a permit for a limousine shall provide limousine service only in accordance with a written service agreement signed by the customer and the permittee or the permittee’s authorized agent at least one hour before the service commences. The service agreement shall state the business name of the limousine service, the date and time the customer first requested the service, the date and time service is requested to commence, the customer’s name, mailing address and telephone number, the anticipated duration of the service, and the hourly or contract fee for the service. An original executed copy of the service agreement shall be carried in the limousine and be available to the passengers at all times during the limousine service that it covers.

(b) A permittee under a permit for a limousine shall cause a trip report to be kept for each limousine service agreement. The name of the chauffeur operating the limousine, the customer’s name and the date and the time the service begins shall be entered on the report when the service begins, and the date and time the service ends shall be entered on the report when the service ends. The trip report shall be either attached to and filed with the service agreement or printed on the service agreement beneath the signatures.

(c) A permittee under a permit for a limousine shall maintain and preserve all service contracts and trip reports for a period of not less than two years, and make them available for inspection by an authorized employee of the city during reasonable business hours.

(d) Only the permittee under the permit for a limousine may accept requests and make arrangements for limousine service. [Ord. 1286(SUB) §5, 2011]

5.40.150 Approval of tariffs

A permittee under a permit for a taxicab shall charge for all trips that in whole or in part are within the city only in accordance with a tariff of taxicab fares approved by the council. The tariff shall state the fare per trip or per increment of distance traveled, and the rates for standing and for additional passengers if such charges are levied. A permittee under a permit for a taxicab may apply to the council to change any rate in the approved tariff under which the permittee operates. The council will approve the change after a public hearing only if the council determines it to be in the best public interest. [Ord. 1286(SUB) §5, 2011]

5.40.155 Taxi stands

Repealed by Ord. 1431. [Ord. 1286(SUB) §5, 2011]

Article III. Tour Vehicles

5.40.200 Permit to operate as tour vehicle required

No person may cause or permit a motor vehicle to be operated as a tour vehicle except under a vehicle for hire permit for a tour vehicle. [Ord. 1286(SUB) §5, 2011]

5.40.205 Permit application for tour vehicle

In addition to the information required in an application for a vehicle for hire permit under KCC 5.40.010, an application for a vehicle for hire permit for a tour vehicle shall include proof that the vehicle that is to be used as a tour vehicle is registered for the transportation of passengers for hire with the state of Alaska. [Ord. 1286(SUB) §5, 2011]

5.40.210 Permit transfer

A vehicle for hire permit for a tour vehicle is not transferable. If the permittee transfers its interest in the motor vehicle that is the subject of a vehicle for hire permit for a tour vehicle, the permit expires. [Ord. 1286(SUB) §5, 2011]

5.40.215 Route plan required

A permittee may operate a tour vehicle only on a route that is shown on an approved route plan for the permittee that is on file with the chief of police. The permittee shall file the route plan with the chief of police showing the route or routes on which the permittee will operate a tour vehicle, and all scheduled stops on each route, not later than May 1 of each year. The chief of police shall approve a route plan unless the chief of police finds that operation of a tour vehicle on the route plan will cause a traffic hazard or unreasonable traffic delay or congestion. The chief of police shall notify the permittee in writing of the rejection of a route plan within 24 hours after its filing, with a statement of the reasons for the rejection. The rejection of a route plan is subject to appeal under the procedure in KCC 5.40.050. [Ord. 1286(SUB) §5, 2011]

Article IV. Chauffeurs

5.40.300 Chauffeur’s license

No person may operate a taxicab or limousine except in accordance with a chauffeur’s license issued under this chapter. [Ord. 1286(SUB) §5, 2011]

5.40.305 License application

An application for a chauffeur’s license is submitted to the chief of police on a form provided by the chief of police. The application shall include the name and address of the applicant, and shall be accompanied by:

(a) The application fee established by resolution or motion of the city council, which shall be prorated for a license that is issued for a term greater or less than two years.

(b) Proof that the applicant is at least 19 years old.

(d) A full set of fingerprints of the applicant taken by the police department. [Ord. 1286(SUB) §5, 2011]

5.40.310 Qualifications of applicant

(a) An applicant for a chauffeur’s license shall:

(1) Be at least 19 years of age.

(2) Possess a valid state of Alaska driver’s license that permits the applicant to operate the vehicle that the person will operate under the license, and demonstrate familiarity with the traffic laws of the city of Kodiak and the state of Alaska.

(3) Possess a medical certificate establishing the applicant’s health meets the minimum standards of 13 AAC 08.025(a)(1) through (8), or a valid state school bus operator’s permit.

(4) Submit to a city-approved drug testing facility or contractor a urine sample to be tested for the presence of controlled substances.

(b) An application for a chauffeur’s license shall be denied if the applicant:

(1) As of the date of application, has been convicted of any of the following under the laws of Alaska or any other jurisdiction, if less than one year has elapsed since the applicant’s unconditional discharge on the most recent conviction:

(i) Traffic violations in a 12-month period totaling 12 or more points under Alaska statute.

(ii) Traffic violations in a 24-month period totaling 18 or more points under Alaska statute.

(iii) Driving while license is suspended or revoked.

(2) As of the date of application, has been convicted of any of the following under the laws of Alaska or any other jurisdiction, and less than five years has elapsed since the applicant’s unconditional discharge on the conviction:

(i) Any offense against the person as set out in AS 11.41.

(ii) Any offense against property classified as a Class A felony as set out in AS 11.46.

(iii) Any offense against the family classified as a felony as set out in AS 11.51, or contributing to the delinquency of a minor as set out in AS 11.51.130.

(iv) Any offense against public administration classified as a Class A or B felony as set out in AS 11.56.

(v) Any offense against public order classified as a felony as set out in AS 11.61.

(vi) Any offense against public health and decency pertaining to gambling, which is classified as a felony or Class A misdemeanor, or pertaining to prostitution.

(vii) Any offense involving a controlled substance or imitation controlled substance as set out in AS 11.71 or 11.76.

(viii) Any attempt or solicitation classified as a Class A or B felony.

(3) At any time has been convicted under the laws of Alaska or any other jurisdiction of sexual

assault in any degree, sexual abuse or offenses related to sexual abuse as stated in AS 11.41, homicide or robbery.

(4) Tests positive for the presence of one or more controlled substances in his or her urine, unless the applicant provides evidence that any controlled substance for which the urine sample tested positive was present in the applicant’s urine as the result of having been prescribed by a state licensed medical doctor.

(c) An applicant denied a license the first time for testing positive for a controlled substance may not reapply for at least six months after the positive test. An applicant denied a license more than once for testing positive for a controlled substance may not reapply for at least two years after the most recent positive test. [Ord. 1286(SUB) §5, 2011]

5.40.315 Processing license applications

(a) If the chief of police finds that a license application is complete, and meets all of the requirements in this chapter for the issuance of a license, the chief of police shall issue the license for the term provided in KCC 5.40.320.

(b) If the chief of police finds that a license application does not meet all of the requirements in this chapter for the issuance of a license, the chief of police shall notify the applicant as provided in KCC 5.40.350(a) that the chief of police intends to deny the license. If the applicant fails to cure the deficiency in the application within 10 days after the date of the notice, the chief of police shall deny the license. The applicant may appeal the denial of a license under this subsection to a hearing officer as provided in KCC 5.40.350(c). [Ord. 1286(SUB) §5, 2011]

5.40.320 License expiration and renewal

(a) A license is effective from the date of its issuance until it expires as provided in this section.

(b) The term of a license that is not issued to renew an existing license shall expire on the first day of the month of the licensee’s first birthday that occurs more than 15 months after the date of issuance.

(c) The term of a license that is issued to renew an existing license shall expire two years after the date of the expiration of the existing license.

(d) Not later than 30 days before a license expires, the licensee may apply to renew the license. The renewal application shall contain the information required in KCC 5.40.305, and shall be processed as provided in KCC 5.40.315. [Ord. 1286(SUB) §5, 2011]

5.40.325 Requirements for all licensees

No licensee may:

(a) Operate a vehicle for hire without displaying the licensee’s identification photograph or placard at a location in the interior of the vehicle that is visible to the passenger.

(b) Operate a vehicle for hire without the permit required by this chapter for such operation in full force and effect.

(c) Operate or remain in physical control for purposes of operating a vehicle for hire for a period of more than 12 consecutive hours, or for more than 16 hours in any 24-hour period. As used in this subsection “physical control” means having access to the vehicle and being available for dispatch.

(d) Consume any alcoholic beverage, or consume any controlled substance that impairs the ability to operate a motor vehicle, during working hours as a licensee or within four hours preceding the operation of a vehicle for hire. [Ord. 1286(SUB) §5, 2011]

5.40.330 Requirements for licensees operating a taxicab

(a) No licensee operating a taxicab may:

(1) Charge a fare different from that authorized by the applicable tariff approved by the council.

(2) Fail to display the applicable tariff in the taxicab in a manner so that it will be visible to passengers.

(3) Refuse to convey an orderly person or persons upon request and tender of the proper fare, unless currently engaged or unable or forbidden to do so by the provisions of this chapter or the laws of the state of Alaska.

(4) Transport or offer to transport additional passengers without the permission of any passengers then occupying the taxicab.

(b) A licensee operating a taxicab shall carry in the taxicab a legible trip sheet, on a form authorized by the city, for the licensee’s current shift, and shall produce the trip sheet for inspection upon request of the chief of police or the chief’s designee. The licensee shall enter the following information on the trip sheet:

(1) Immediately after going on duty, at the top of the trip sheet, the licensee’s name and license number, the taxicab number, and the date.

(2) Immediately after picking up a passenger or group of passengers, the time and place of passenger pickup and the number of passengers transported.

(3) Immediately after discharging a passenger from the taxicab, the time of passenger delivery, the destination and the amount of the fare received.

(c) A licensee operating a taxicab shall submit all trip sheets prepared under subsection (b) of this section to the permittee under the permit for the taxicab at the end of the licensee’s shift. [Ord. 1286(SUB) §5, 2011]

5.40.335 Testing of licensees for controlled substances

A licensee is subject to testing for controlled substances as provided in this section.

(a) Random testing. Up to one time during a calendar year, a licensee may be selected at random for testing. Within 12 hours after notice to do so, a licensee who is selected at random for testing shall report to a drug testing facility, collection point or contractor designated by the city and shall provide a sample of his or her urine to be tested for the presence of controlled substances. The chief of police will remove a licensee from the random testing pool upon the request of the licensee during any period that the licensee is not employed as an operator of a vehicle for hire in the city and surrenders his or her license to the chief of police.

(b) Post accident testing. A licensee who is involved in a traffic accident while operating a vehicle for hire in the city that results in (1) a fatality, or an injury to a person requiring medical attention other than at the accident scene, or (2) damage to a vehicle requiring that the vehicle be towed from the accident scene, shall provide a sample of his or her urine to be tested for the presence of controlled substances as soon after the accident as practicable, and in any event within 24 hours after the accident, unless prevented from doing so by injury. The city may require a licensee who is involved in a traffic accident while operating a vehicle for hire in the city that results in the citation of the licensee for a traffic law violation that is required to be reported under AS 28.15.191 or 28.37.130 to provide a sample of his or her urine to be tested for the presence of controlled substances as soon after the accident as practicable, and in any event within 24 hours after the accident, unless prevented from doing so by injury.

(c) Reasonable suspicion testing. A licensee shall provide a sample of his or her urine to be tested for the presence of controlled substances when requested to do so by a police officer who as a result of observing the licensee’s speech, driving or other conduct has a reasonable suspicion that the licensee has been operating a vehicle for hire under the influence of a controlled substance or the combined influence of a controlled substance and alcohol. [Ord. 1286(SUB) §5, 2011]

5.40.340 Consequences of a positive test

(a) A licensee whose test under KCC 5.40.335 is positive for a controlled substance shall be notified of the result, and within 72 hours after receiving such notification may:

(1) Request a retest of the urine sample which tested positive; and

(2) Provide evidence that any controlled substance for which the urine sample tested positive was present in the licensee’s urine as the result of having been prescribed by a state licensed medical doctor.

(b) If a licensee’s test under KCC 5.40.335 is positive for a controlled substance, any retest under subsection (a)(1) of this section confirms the positive result, and the licensee fails to provide evidence under subsection (a)(2) of this section that each controlled substance for which the licensee tested positive was present in the licensee’s urine as the result of having been prescribed by a state licensed medical doctor, the licensee’s license will be suspended for six months after the first such positive test, and for two years after the second or subsequent such positive test. A license that is suspended under this subsection shall not be reinstated unless the licensee has passed a test for controlled substances equivalent to the test required of a license applicant after the suspension has expired.

(c) A refusal to submit to a test for controlled substances required under KCC 5.40.335, or an attempt to adulterate a sample or sabotage or invalidate the results of such a test, shall have the same consequences as a confirmed, unexcused positive test result. [Ord. 1286(SUB) §5, 2011]

5.40.345 Grounds for license suspension or revocation

(a) The chief of police may suspend a license not more than 30 days for the first offense; not more than six months for a second offense committed within five years of the most recent previous offense; and not more than one year for any subsequent offense committed within five years of the most recent previous offense, if the licensee:

(1) Makes a false statement in the license application; or

(2) Violates a provision of this chapter or any other provision of city or state law; or

(3) Operates a vehicle for hire other than as authorized herein.

(b) The chief of police may suspend a license not more than 30 days for the first offense; not more than one year for a second offense committed within five years of the most recent previous offense; and not more than three years for any subsequent offense committed within five years after the most recent previous offense, if the licensee is convicted of an offense that would disqualify the licensee from obtaining a license under KCC 5.40.310(b).

(c) The chief of police shall suspend or revoke a license upon suspension or revocation of the licensee’s Alaska driver’s license, for a period not less than the period of suspension or revocation of the licensee’s Alaska driver’s license. [Ord. 1286(SUB) §5, 2011]

5.40.350 Procedure for license suspension or revocation

(a) Except in the circumstances described in subsection (b) of this section, at least 10 days before denying, suspending or revoking a license, the chief of police shall mail to the applicant or licensee written notice of intent to deny, suspend or revoke the license, stating the grounds therefor. The notice shall state the time and place at which the city will hold a hearing on the license denial, suspension or revocation upon the licensee’s written request, which time shall not be less than 10 days after the date the chief of police mails the notice.

(b) Notwithstanding subsection (a) of this section, the chief of police may suspend a license immediately if the chief of police has probable cause to believe that continued operation under the license presents a substantial hazard to public safety. The suspension shall remain in effect until the licensee demonstrates to the chief of police that the cause for the suspension has been corrected. Promptly after suspending a license under this subsection, the chief of police shall give the licensee written notice of the suspension, and of the licensee’s right to request a hearing on the suspension, in accordance with subsection (a) of this section.

(c) Upon the submission by the applicant or licensee within five days after the date of the notice provided under subsection (a) of this section of a written request for a hearing on the denial, suspension or revocation of a license, a hearing officer designated by the city manager shall conduct the hearing at the time and place stated in the notice provided under subsection (a) of this section. The hearing officer shall conduct the hearing in an informal manner and shall not be bound by the technical rules of evidence. The applicant or licensee may appear in person or by counsel, present evidence, and cross examine witnesses. The hearing shall be recorded. Within five days after the conclusion of the hearing, the hearing officer shall prepare and mail to the applicant or licensee and the chief of police a written decision whether to deny, suspend or revoke the license, stating the reasons for the decision.