Chapter 4.08 TAXI ADMINISTRATION PROGRAM

2. The total number of prearranged and non-prearranged trips that originate within the city’s or county’s jurisdiction account for the largest share of a taxicab operator’s total number of trips within the county over the previous calendar year, as determined annually.

A taxicab operator may be substantially located in more than one jurisdiction.

“Taxicab” means any passenger vehicle designed for carrying not more than eight persons, excluding the driver, which is used for the transportation of passengers for hire on prearranged and non-prearranged trips in the streets of the city. “Taxicabs” shall not include:

1. Employer-sponsored carpool vehicles;

2. Vehicles operated by or under contract with a governmental agency;

3. “Transportation network companies” as defined in California Public Utilities Code Section 5431;

4. “Charter-party carriers” within the meaning of California Public Utilities Code Division 2, Chapter 8, including limousine services, which must operate on a prearranged basis and carry a waybill or trip report documenting their travel arrangements.

“Taxicab driver” means any person who drives a taxicab for hire within the city, and who either is a taxicab operator or is employed or contracted by a taxicab operator.

“Taxicab operator” means a person engaged in the business of owning, controlling, or operating one or more taxicabs that solicit or accept passengers within the city, and which person is substantially located within the city. Taxicab operators include self-employed, independent taxicab drivers. [Ord. 2018-204 § 2].

Cross-reference: definitions generally, AVMC 1.02.010.

4.08.015 Background checks required.

At their sole cost, every taxicab operator applicant, taxicab operation owner, and the operation’s principal officer (such as the operation’s president) or partner, as applicable, shall submit to a Livescan fingerprinting at an approved California Department of Justice fingerprinting agency, unless the proposed taxicab operator has been issued a taxicab operator permit from another jurisdiction in accordance with AVMC 4.08.025. [Ord. 2018-204 § 2].

4.08.020 Operator’s permit required.

Every taxicab operator shall apply for an operator’s permit from the city and pay a permit fee, as approved by the city council via resolution. Applications for an operator’s permit shall be signed by the applicant, submitted to the city manager, and shall include the following information:

A. Name and business address of the applicant.

B. If the operator is a corporation, the names and addresses of its directors.

C. Documentation substantiating where in the county of Orange the operator is substantially located, which shall include the applicant’s primary business address and trip data showing that prearranged and non-prearranged trips originating from a single jurisdiction account for the largest share of the operator’s total number of trips within the county.

D. If applicable, proof of a valid taxicab operator permit and/or driver permit issued by another jurisdiction in which the taxicab operator is substantially located.

E. Certificate of insurance demonstrating public liability and property damage coverage for each taxicab to be used within the city.

F. Number of vehicles to be operated under the permit.

G. A copy of the operator’s mandatory controlled substance and alcohol testing certification program for all of its drivers in compliance with California Government Code Section 53075.5(b)(3).

H. Copies of the Livescan fingerprinting report, as required by AVMC 4.08.015, of the taxicab operator applicant, taxicab operation owner, and the operation’s principal officer or partner.

I. Such further information as the city may require. [Ord. 2018-204 § 2].

4.08.025 Operator’s permit from another jurisdiction.

Notwithstanding the foregoing, if a taxicab operator is substantially located within the city and another jurisdiction, the city may accept an operator’s permit or similar permit from the other jurisdiction to operate within the city. [Ord. 2018-204 § 2].

4.08.030 Operator duties.

A. Taxicab operators shall not allow any person other than a taxicab driver permitted in accordance with Article II of this chapter to operate any of its taxicabs for hire within the city.

B. Taxicab operators shall not operate a taxicab without a valid operator’s permit or without a permit issued pursuant to AVMC 4.08.025.

C. Taxicab operators shall not prejudice, disadvantage, or require different rates or provide different service to a person because of race, national origin, religion, color, ancestry, physical disability, medical condition, occupation, marital status or change in marital status, sex, or any characteristic listed or defined in California Government Code Section 11135.

D. In addition to the other requirements specified in this chapter, taxicab operators shall do all of the following:

1. Maintain reasonable financial responsibility to conduct taxicab transportation services in accordance with the requirements of AVMC 4.08.040.

2. Adopt a mandatory controlled substance and alcohol testing certification program for all of its drivers in compliance with California Government Code Section 53075.5(b)(3).

3. Ensure compliance with, and pay all costs of complying with, the mandatory controlled substance and alcohol testing program for taxicab drivers.

4. Participate in the pull-notice program pursuant to California Vehicle Code Section 1808.1, which enables operators to regularly check the driving records of all taxicab drivers, whether employees or contractors.

5. Maintain a safety education and training program in effect for all taxicab drivers, whether employees or contractors.

6. Maintain a disabled access education and training program to instruct its taxicab drivers on compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) and amendments thereto, and state disability rights laws, including instructing drivers that it is illegal to decline to serve a person with a disability or who has a service animal.

7. Maintain its taxicabs in a safe operating condition and in compliance with the California Vehicle Code as specified in AVMC 4.08.130.

8. Provide the city with an address of an office or terminal where documents supporting the requirements of this chapter may be inspected by the city.

9. Provide for a taxicab driver fingerprint-based criminal history check.

10. Keep current the information furnished to the city under AVMC 4.08.020. [Ord. 2018-204 § 2].

4.08.040 Insurance requirements.

A. No taxicab operator’s permit shall be issued until the applicant first files with the city a certificate of insurance, on a form provided by the city and approved by the city manager.

B. During the term of a permit issued pursuant to this chapter, a taxicab operator shall maintain in full force and effect, at no cost to the city, a comprehensive auto and general liability insurance policy:

1. In an amount no less than $1,000,000 per occurrence combined single limit for bodily injury and property damage; and

2. Providing that the city, its officers, agents, and employees are to be named as additional insureds under the policy.

C. Insurance coverage afforded to the city shall be primary.

D. Cancellation or termination of the policy described in this section shall be grounds for revocation or suspension of the permit until a valid certificate is furnished to the city. [Ord. 2018-204 § 2].

4.08.050 Hold harmless agreement.

Each taxicab operator shall, and by acceptance of the permit does agree to, hereby indemnify and hold harmless the city, its officers, agents and employees from any and all damages, claims, liabilities, costs including attorney’s fees, suits or other expenses resulting from and arising out of said taxicab operator’s operations. [Ord. 2018-204 § 2].

4.08.060 Fees and term.

A. Fees. Operator permit fees shall be in the amount stated in the city’s fee schedule. The fees for annual permit renewals and taxicab vehicle stickers shall also be in the amount stated in the city’s fee schedule.

B. Term. All permits and vehicle stickers issued to taxicab operators shall be for the period of one calendar year.

C. The city may adopt by ordinance or resolution additional fees or assessments in an amount sufficient to pay for the costs of carrying out the provisions of this chapter. [Ord. 2018-204 § 2].

4.08.070 Taxicab fares and rates.

A. A taxicab operator may set fares or charge a flat rate. However, the city may set a maximum rate.

B. A taxicab operator may use any type of device or technology approved by the Division of Measurement Standards to calculate fares, including the use of Global Positioning System metering; provided, that the device or technology complies with California Business and Professions Code Section 12500.5 and with all regulations established pursuant to California Business and Professions Code Section 12107.

C. A taxicab operator shall disclose fares, fees, or rates to its passengers. An operator may satisfy this requirement by disclosing fares, fees, or rates on its internet website, mobile telephone application, or through telephone orders upon a customer’s request.

D. A taxicab operator shall notify passengers of the applicable fare or rate prior to a passenger accepting walkup rides or rides by street hails. Rates may be provided on the exterior of the vehicle, within a mobile telephone application or other internet-connected device, or otherwise be made clearly visible inside the taxicab. [Ord. 2018-204 § 2].

4.08.080 Grounds for denial, revocation, or suspension.

When the public safety and interest so require, the city manager may refuse to issue an operator’s permit, and may suspend or revoke any such permit, as when a taxicab operator applicant, taxicab operation owner, or the operation’s principal officer or partner:

A. Has knowingly made a false statement in a material matter either in his or her application or in any reports or other documents furnished by him or her to the city.

B. Does not maintain and operate his or her vehicle and other equipment in the manner and in the condition required by law and applicable regulations.

C. Is required to register as a sex offender under the provisions of California Penal Code Section 290.

D. Within the three-year period immediately preceding the application or during the term of the operator’s permit, has been under suspension, revocation or probation by the Department of Motor Vehicles for a cause involving the safe operation of a motor vehicle, or has been convicted of, or plead guilty or nolo contendere to, any of the following offenses: driving while intoxicated, or reckless driving involving bodily injury or property damage.

E. Has been convicted of, or plead guilty or nolo contendere to, any offense punishable as a felony, or has been convicted of or plead guilty or nolo contendere, within a 10-year period immediately preceding the application or during the term of the operator’s permit, to the crime of theft in either degree.

F. Has been convicted of, or plead guilty or nolo contendere to, or has any final administrative determination of, a violation of any statute, ordinance, or regulation reasonably and rationally pertaining to the same or similar business operation which would have resulted in suspension or revocation of an operator’s permit under these regulations within the five-year period immediately preceding the application or during the term of the operator’s permit.

G. Has been convicted of or plead guilty or nolo contendere for any of the following: murder, robbery, pandering, pimping, crimes related to the sale or transportation of controlled substances, including cannabis, crimes involving moral turpitude, or any crime that is substantially related to the qualifications, functions or responsibilities of a taxicab operator within the five-year period immediately preceding the application or during the term of the operator’s permit.

H. Does not have the required insurance prior to obtaining an operator’s permit or during the term of the operator’s permit.

I. Has failed to pay required permit fees.

J. Has violated any provision of this chapter. [Ord. 2018-204 § 2].

4.08.090 Appeal.

In the event that the city manager denies a permit application or revokes or suspends an operator’s permit, written notice of such denial or revocation or suspension shall be served by first-class mail upon the applicant or permit holder. The notice shall state the grounds for the city manager’s decision and shall inform the applicant or permit holder of his or her right to appeal. Appeals shall be in accordance with Chapter 1.10 AVMC. [Ord. 2018-204 § 2].

4.08.095 Enforcement.

A. If a taxicab operator is substantially located within the city, it shall be unlawful for the taxicab operator to operate within the city without an operator’s permit or without a permit issued pursuant to AVMC 4.08.025.

B. The minimum fine for violating subsection (A) of this section shall be an administrative citation in the amount of $5,000. [Ord. 2018-204 § 2].

Cross-reference: violations and penalties generally, Chapter 1.06 AVMC.

Article II. Driver’s Permit

4.08.100 Driver’s permit required.

Every taxicab driver shall obtain a taxicab driver’s permit from the jurisdiction in which the driver’s employer is substantially located. Drivers shall display their driver’s permits or other inspection compliance devices in a place visible to taxicab passengers, and shall not display another person’s driver’s permit or allow another person to use his or her driver’s permit. [Ord. 2018-204 § 2].

4.08.110 Permit requirements.

A. Employment, or an offer of employment, as a taxicab driver by a taxicab operator shall be a condition for issuance of a driver’s permit.

1. The driver’s permit shall become void upon termination of employment.

2. The driver’s permit shall state the name of the employer.

3. The employer shall notify the city upon termination of employment.

4. The driver shall return the permit to the city upon termination of employment.

B. Employment as a taxicab driver and issuance of a driver’s permit shall be conditioned on compliance with the mandatory controlled substance and alcohol testing program, as provided in AVMC 4.08.030(D) and as described below:

1. Drivers shall test negative for alcohol and for each of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations before employment. Drivers shall also test negative for these controlled substances and for alcohol as a condition of permit renewal. As used in this section, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent. Any negative test result shall be accepted for one year as meeting a requirement for periodic permit renewal testing or any other periodic testing in the city if the driver has not tested positive subsequent to a negative result. However, an earlier negative result shall not be accepted as meeting the preemployment testing requirement for any subsequent employment or any testing requirement under the program other than periodic testing. A test in a jurisdiction besides the city shall be accepted as meeting the same requirement in the city.

2. Failure to comply with the requirements of this section constitutes grounds for denial, revocation, or suspension of either an operator’s permit or a driver’s permit, which action may be appealed in accordance with AVMC 4.08.090. [Ord. 2018-204 § 2].

Article III. Vehicle Stickers

4.08.120 Vehicle stickers required.

Every taxicab operator shall obtain a vehicle sticker from the city for each of its taxicabs. The fees and term for such stickers are as stated in AVMC 4.08.060. [Ord. 2018-204 § 2].

4.08.130 Sticker requirements.

A. Vehicle stickers and annual renewals shall only be issued to properly insured taxicabs as specified in AVMC 4.08.040.

B. Operators shall maintain their taxicabs in safe operating condition and in compliance with the California Vehicle Code, subject to annual inspection at a facility certified by the National Institute for Automotive Service Excellence or a facility registered with the Bureau of Automotive Repair. [Ord. 2018-204 § 2].

Cross-reference: taxicab stand, business license required, AVMC 4.01.020.