Chapter 4.15 TAXICABS

Taxis are an integral component of the public transportation system within the City of Elk Grove. They provide vital and necessary transportation services to the local and traveling business community, tourists, the elderly and handicapped, and others. Unethical business practices, deception of the traveling public, criminal conduct, or conditions which threaten the safety of passengers would damage the image of the City, impair tourism and harm the economic development and well-being, deprive the public of vitally necessary transportation, require the commitment of inordinate financial resources to law enforcement, and otherwise be detrimental to the health, safety and welfare of the residents of the City.

Pursuant to the provisions of Section 5353(g) of the Public Utilities Code and Section 53075.5 of the Government Code, the purposes of this chapter are to ensure that the taxi industry delivers transportation services to the public in a lawful, ethical, safe and convenient manner for the protection and promotion of the health, safety, welfare and convenience of the residents of the City. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.15.005 Definitions.

Unless the provision or the context otherwise requires, the definitions set forth in this section govern the construction of this chapter.

A. “Taxicab” shall mean every motor-propelled vehicle, except sight-seeing and interurban buses, which is designed for carrying not more than eight (8) persons excluding the driver, which is used solely or mainly for the transportation of passengers for compensation over the public streets of the City, irrespective of whether the operations extend beyond the boundaries of the City, and between such points and over such route as may be directed by the passenger.

B. “Taximeter” shall mean and embrace any instrument or device attached to a vehicle and designed or intended to measure mechanically the distance traveled by such vehicle, to record the time the vehicle is in waiting, and to indicate upon such record by figures or designs the fare to be charged in dollars and cents.

C. “Taxicab business” shall mean the practice of owning or possessing an ownership interest in one (1) or more taxicabs or providing direction, management or control, for the purpose of providing, assisting in the provision of, or coordinating the provision of taxicab services to members of the general public. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.15.010 Application of chapter.

Except as otherwise specifically provided, the provisions of this chapter and EGMC Chapter 4.10 shall not apply to the operation of taxicabs transporting passengers from a point outside the City to a destination within the City, or en route from a point outside the City to a destination outside the City. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.15.015 Licenses and permits required.

Except as provided by EGMC Section 4.15.010, within the City: no person shall operate or conduct a taxicab business unless under and by authority of a valid, unexpired, and unrevoked special business license authorizing such taxicab business issued pursuant to the provisions of EGMC Chapters 4.02 and 4.10 and this chapter; and no person shall operate a taxicab without a valid, unexpired, and unrevoked employee permit issued pursuant to the provisions of EGMC Chapters 4.02 and 4.10 and this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.15.020 Owner operators.

A person who owns or leases as lessee or possesses another ownership interest in a taxicab and who operates the taxicab shall be required to qualify for and obtain an employee permit, and, unless the taxicab is covered by a special business license issued to another person, a special business license. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.15.025 Term of license.

The term of a special business license authorizing a taxicab business, and an employee permit, shall be one (1) year. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.15.030 Equipment standards, certificate, and inspection.

A. A taxicab shall be in compliance with applicable equipment standards provisions of the California Vehicle Code or any administrative regulations pertaining to safety issued by the Chief of Police pursuant to the provisions of EGMC Section 4.02.085.

B. The holder of a special business license shall provide to the Chief of Police for each taxicab a State of California certificate of compliance or other writing, issued by a State of California certified examiner or examiners, dated not more than twelve (12) months preceding the date of application or renewal of the license, whichever is applicable, and evidencing that the taxicab complies with prevailing lamp and brake equipment standards as provided in subsection (A) of this section. The certificate shall be maintained within the taxicab and shall be available for inspection upon request by any authorized representative of the City at any time. The Chief of Police shall accept (in lieu of a State of California certificate of compliance or other writing, issued by a State of California certified examiner or examiners), a certificate or other writing issued by the city or County of Sacramento, dated not more than twelve (12) months preceding the date of application or renewal of the special business license, whichever is applicable, verifying compliance with any and all vehicle safety standards enforced by the city or County of Sacramento which are also enforced by the City of Elk Grove.

C. It shall be unlawful for the holder of an employee permit to operate, and unlawful for the holder of a special business license to authorize, direct or otherwise allow operation of a taxicab which is not in compliance with subsection (A) of this section; or, which is not covered by an unexpired certificate required by subsection (B) of this section. When in possession and control of a taxicab, it shall be unlawful for the operator to fail to provide, upon request, to an authorized representative of the City an unexpired certificate as required by subsection (B) of this section.

D. The Chief of Police shall, in the Chief of Police’s sole discretion, have the authority to require inspections of taximeters, lamps, brakes, and emission control, or other vehicle equipment, to verify compliance of the taxicab with applicable provisions of the California Vehicle Code, this chapter, or any administrative regulation pertaining to safety issued by the Chief of Police pursuant to the provisions of EGMC Section 4.02.085. If it is found that the taxicab or equipment is in such condition that its operation is in violation of the State Vehicle Code, the Chief of Police shall, in accordance with Section 24004 of the State Vehicle Code, prohibit the use of such taxicab, and the holder of the special business license permit and the holder of the employee permit shall not use such taxicab until such time as it has been brought into compliance with the State Vehicle Code. Continued use of the vehicle while in such violation of the State Vehicle Code shall be grounds for suspension and revocation of the special business license. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.15.035 Taximeter accuracy and certificate.

A. Each taximeter utilized in a taxicab shall at all times be of a type authorized by, comply in relation to accuracy with, and be operated and maintained in compliance with any and all statutes and administrative regulations of the State and any administrative regulations issued by the Chief of Police pursuant to the provisions of EGMC Sections 4.02.085 and 4.15.065. The City will accept a certificate of inspection and testing of taximeters performed by the city or County of Sacramento and may demand a copy of such current inspection certificate. However, taximeters utilized in a taxicab shall, at any time, be subject to inspection and testing by the City or its delegate to determine compliance with the requirements of this section.

B. It shall be unlawful for any person holding an employee permit to operate a taxicab, and unlawful for any person holding a special business license to authorize, direct or otherwise allow operation of a taxicab containing a taximeter which is not in compliance with or is utilized in violation of any and all statutes and administrative regulations of the State and any administrative regulations issued by the Chief of Police.

C. The holder of a special business license shall provide to the Chief of Police for each taxicab a certificate or other written evidence issued by the Sacramento County Department of Weights and Measures, or issued by a State of California registered device repairman, indicating that the taximeter has been tested not more than twelve (12) months preceding the special business license application or renewal date, whichever is applicable, and certifying the accuracy of the taximeter attached to the taxicab. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.15.040 Rates and charges.

Each person holding a special business license shall file with the Chief of Police a written schedule, as prescribed by the Chief of Police, showing all rates and charges to be imposed in connection with services offered by taxicabs covered by the license. No rate or charge shown on such a filed schedule shall be increased, and no rate or charge not shown on such schedule shall be imposed, earlier than the day following the date upon which a new schedule of rates and charges showing the increase or additional rate or charge is filed with the Chief of Police. No rate or charge not shown on such schedule shall be imposed. Each change in a rate or charge shall be the subject of a new schedule which comprehensively shows all rates and charges, and the filing of supplementary schedules or amendments to schedules which do not show all rates and charges shall not constitute compliance with the requirements of this section.

Each person holding a special business license or employee permit shall file with the Chief of Police, within ten (10) days following the receipt of written request by the Chief of Police, such written explanation of rates and charges identified in a filed schedule as is requested by the Chief of Police.

It shall be unlawful for any holder of an employee permit to charge or impose, and unlawful for the holder of any special business license to authorize, direct, or otherwise allow the charging or imposition of, a rate or charge for service in excess of those prescribed by or of a type which is not shown on a schedule which has been filed with the Chief of Police, and to charge or impose any rate from that schedule prior to the day after such schedule has been filed with the Chief of Police. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.15.045 Displays within taxicabs.

It shall be unlawful for any person holding an employee permit to operate a taxicab, and unlawful for any person holding a special business license to authorize, direct, or otherwise allow operation of a taxicab, unless there is displayed within the taxicab, in a location which may be viewed by any and all passengers, the following:

A. A copy of the valid, unexpired and unrevoked employee permit held by the operator of the taxicab;

B. A rate schedule identical to the rate schedule filed with the Chief of Police pursuant to EGMC Section 4.15.040 showing all rates and charges which may lawfully be levied or imposed; and

C. The register display of any taximeter which is utilized. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.15.050 Taxicab markings and identification.

A. Each taxicab shall be equipped with a top light containing light or lights which are affixed to the roof of the taxicab. The top light shall be illuminated in nondaylight hours when the taxicab is available for hire. The word “taxicab,” “taxi,” “cab,” the business name of the owner, or the words identifying the vehicle as a taxicab shall be visible on the top light.

B. Each taxicab covered by a special business license shall be painted with a uniform color scheme applicable to all taxicabs covered by the license and a business shall have the exclusive right to the color scheme used by its taxicabs within the jurisdiction of the County of Sacramento. The Chief of Police can review and require changes to any color scheme if he or she finds that such color scheme is too similar to that of another taxicab business and is likely to mislead or confuse the public as to the proper operator of a taxicab.

C. There shall be displayed on each exterior side of a taxicab in full view of prospective customers the following:

1. The business name and telephone number of the holder of the special business license for the taxicab, in letters not less than two (2") inches in height and width; and

2. A rate schedule in the following format:

FIRST MILE: (fee)*

ADD’L MILES: (fee/mi.)*

*Subject to time clock

All letters and numbers in the first (1st) two (2) lines of the above format shall be not less than one-and one-half (1.5") inches in height and width. The third (3rd) line of the above format shall be in letters not less than three-quarters (0.75") of an inch in height and width. In letters not less than one-and-one-half (1.5") inches in height and width and adjacent to the schedule required above, any additional types of fees to be charged and the amount of such fees may be stated. The fees shall be identical to the ones filed with the Chief of Police pursuant to EGMC Section 4.15.040.

D. It shall be unlawful for the holder of any employee permit to operate a taxicab, and unlawful for the holder of a special business license to authorize, direct, or otherwise allow the operation of a taxicab, which does not comply with the requirements of this section. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.15.055 Taxicab equipment.

A. Each taxicab shall be equipped with an operative two (2) way radio dispatch system approved by the Federal Communications Commission for commercial use, and an operative taximeter which is in compliance with the requirements of EGMC Section 4.15.035.

B. It shall be unlawful for the holder of any employee permit to operate a taxicab, and unlawful for any holder of a special business license to authorize, direct, or otherwise allow operation of a taxicab, which does not contain an operative radio dispatch system, and a taximeter, as required in subsection (A) of this section. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.15.060 Passenger services.

It shall be unlawful for any person who holds an employee permit to do, and unlawful for any person who holds a special business license to authorize, direct, or otherwise allow the operator of a taxicab to do, any of the following:

A. Transport a greater number of passengers in a taxicab than the rated seat capacity of the taxicab;

B. Fail to answer all calls received for taxicab services in the order of receipt of the calls;

C. Refuse, upon request, to give a passenger of a taxicab a written receipt showing the fare due, and the miles and minutes employed;

D. Drive passengers of a taxicab via indirect or circuitous routes for the primary purpose of obtaining higher fares or fees;

E. Refuse to provide taxicab service on the basis of the short length of the prospective ride;

F. Pick up additional passengers without the prior consent of any passenger who is already in the taxicab;

G. Knowingly fail to report to the holder of the special business license for the taxicab all property of value left by a passenger in the taxicab within twenty-four (24) hours of discovery of such property;

H. Fail to throw the flag of the taxicab’s taximeter to the nonrecording position at the termination of each and every service;

I. Fail to call attention of the passenger of a taxicab to the amount registered on a taximeter at the termination of each and every service; or

J. Throw the flag of a taximeter in a recording position when the taxicab is not actually engaged. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.15.065 Administrative regulation of practices.

Pursuant to administrative regulations issued under the provisions of EGMC Section 4.02.085, the Chief of Police shall be authorized to prohibit specified types and methods of calculating fees or other business practices in connection with the provision of taxicab services, and impose specific duties, obligations or prohibitions in connection with the provision of taxicab services, when the Chief of Police determines that such regulations are necessary to protect the public against deceptive, fraudulent, misleading, discriminatory, or other similar detrimental acts or omissions associated with the delivery of taxicab services. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.15.070 Duties of special business license holders.

It shall be the duty and responsibility of each person who holds a special business license to:

A. Fully advise and inform all operators of taxicabs covered by the license of the provisions of this chapter, any and all administrative regulations issued hereunder, and any and all conditions upon which the special business license is issued; and

B. Direct, control and supervise operators of taxicabs covered by the license for the purpose of identifying, correcting and prohibiting future or repeated violations of the provisions of this chapter, any administrative regulations issued hereunder, or any conditions upon which the special business license is issued. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.15.075 Specific requirements for taxicab business – Special business licenses.

A. Each person who holds a special business license shall during the entire term of the license:

1. Maintain or be associated with an office situated within the geographical boundaries of the City where some person in charge can be contacted in person or by telephone weekdays from 8:00 a.m. to 5:00 p.m.;

2. Maintain a two (2) way radio dispatch system approved by the Federal Communications Commission for commercial use which is in contact with all taxicabs covered by the license during all times the taxicabs are in service;

3. Maintain in full force and effect at no cost to the City a comprehensive automobile and general liability insurance policy in an amount no less than Three Hundred Fifty Thousand and no/100ths ($350,000.00) Dollars single limit per occurrence, issued by an insurer rated A-VII or better by A.M. Best’s Insurance Guide, or an insurer approved by the City’s Risk Manager, naming the City and, in their capacities as such, its officers, employees and agents as insureds, covering all losses and damages as specified in this subsection, stipulating that the policy will operate as primary insurance and that no other insurance effected by the City or other named insured will be called on to contribute to a loss covered thereunder, and providing that no cancellation, change in coverage, or expiration by the insurance company or the insured shall occur during the term of the license, without thirty (30) days’ written notice to the City’s Risk Manager from the insurance company prior to the effective date of such cancellation or change in coverage. Such service shall be by first class certified mail, return receipt requested.

Notwithstanding the provisions of EGMC Section 4.02.100, violation of this subsection by the holder of a special business license shall constitute a misdemeanor as provided by EGMC Chapter 1.04;

4. Assume the defense of and indemnify and hold harmless the City and, in their capacities as such, its officers, employees and agents from and against all actions, claims, losses, damages, liability, costs and expenses of every type and description, including, but not limited to, attorneys’ fees, to which any or all of them may be subjected by reason of, or resulting from, directly or indirectly, in whole or in part, the acts or omissions of the licensee or the licensee’s agents, officers or employees, directly or indirectly arising from the operation of a taxicab. The foregoing is not intended to and shall not be construed to limit any responsibility or liability to which the licensee may be subjected to under other laws;

5. In the event of cancellation, expiration, or change in insurance coverage resulting in noncompliance with subsection (A)(3) of this section, the licensee shall notify the City of the cancellation, expiration, or change within three (3) days after its effective date by submitting a written notice to the City’s Risk Manager. The giving of notice as provided herein shall not stay the temporary suspension of the special business license pursuant to EGMC Section 4.15.100(B), which suspension shall remain in effect until required insurance is reinstated, or as otherwise provided in EGMC Section 4.15.100.

B. In addition to any other requirements of this chapter and EGMC Chapter 4.02 or 4.10, a special business license shall not be issued to any person who fails to demonstrate to the satisfaction of the City’s Risk Manager fulfillment of the requirements specified in this section. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.15.080 Applications for special business licenses.

In addition to the matters prescribed by EGMC Section 4.10.030 or 4.10.060, as applicable, an application for a special business license, or an application for the renewal of a special business license, to engage in the taxicab business shall contain the following:

A. The name, business address and telephone number of the applicant, and if the applicant is not a natural person, a copy of the articles of incorporation, bylaws, partnership agreement or other written instrument by which the entity is established;

B. A description of the manufacturer, model and model year, the vehicle identification number, the State vehicle license number, and the name and address of each person who is a registered owner, possessor of a leasehold interest, and possessor of any other ownership or security interest in each taxicab to be covered by the license;

C. The serial number of each taximeter to be utilized in a taxicab, as required by EGMC Section 4.15.055(A), together with the State vehicle license number of the taxicab to which the taximeter is assigned;

D. The serial number of each radio system to be utilized in a taxicab, as required by EGMC Section 4.15.055(A);

E. A description of the color scheme by which each taxicab will be identified, as required by EGMC Section 4.15.050(B);

F. A copy of certificates or other writings as required by EGMC Sections 4.15.030 and 4.15.035;

G. A copy of the policy or policies of insurance required by EGMC Section 4.15.075(A)(3);

H. The written schedule of all rates and charges for hire of the taxicab as required by EGMC Section 4.15.040;

I. The address and telephone number and name of the person responsible for operation of the business office required by EGMC Section 4.15.075(A)(1);

J. The address and telephone number and name of the person responsible for operation of the radio dispatch system required by EGMC Section 4.15.075(A)(2). [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.15.082 Issuance or renewal of special business licenses.

Upon receipt of an application for a special business license, or an application for the renewal of a special business license, the Chief of Police shall conduct such investigation pursuant to EGMC Section 4.10.035 or 4.10.060 as applicable, and as deemed necessary. The Chief of Police shall issue a special business license, or renewal, unless the Chief of Police finds pursuant to EGMC Section 4.10.040 or 4.10.060, as applicable, or unless the Chief of Police finds in writing any of the following:

A. The applicant or license holder has failed to comply with the requirements specified in EGMC Section 4.15.030, 4.15.035, 4.15.040, 4.15.045, 4.15.050, or 4.15.055;

B. The applicant or license holder has failed to comply with the requirements specified in EGMC Section 4.15.075;

C. The license holder or applicant has authorized, directed, or otherwise allowed operation of a taxicab for which the insurance coverage required by EGMC Section 4.15.075 is not in effect;

D. The applicant or holder of a license has submitted a false declaration regarding testing for a controlled substance, alcohol, or both, required by this chapter;

E. The applicant or license holder has failed to notify the Chief of Police of the termination of employment of the holder of an employee permit within three (3) days of such termination;

F. The applicant or license holder has authorized, directed, or otherwise allowed a person or employee without a valid employee permit to operate a taxicab;

G. The applicant or license holder has failed to comply with any condition, requirement, or prohibition of this chapter; or that there exists any basis established by EGMC Chapter 4.02 or 4.10 or this chapter for the denial or revocation of a special business license application or renewal, as applicable. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.15.085 Contents of licenses – Supplementary information.

Each special business license shall consist of a certificate which identifies the name and address of the applicant, the date of issuance and the date of expiration. Each such license shall have attached thereto a listing of the State vehicle license number, manufacturer, model, model year, and vehicle identification number of each taxicab which the license covers, and the serial number of each taximeter which the license covers.

During the term of any such license, the holder thereof shall immediately provide in writing to the Chief of Police changes in vehicles and taximeters to be covered by the license. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.15.090 Applications for employee permits.

In addition to the matters prescribed by EGMC Section 4.10.080, an application for an employee permit, or an application for the renewal of an employee permit, to operate a taxicab shall contain the following:

A. The number of a valid California driver’s license issued to the applicant, and the date of license expiration;

B. A statement of whether the applicant’s California driver’s license has ever been revoked or suspended and, if so, the reason or reasons for such revocation or suspension;

C. A list of each criminal conviction of the applicant, whether such conviction was by verdict, plea of guilty, or plea of nolo contendere. The list shall, for each such conviction, set forth the date of arrest, the offense charged, and the offense of which the applicant was convicted;

D. A list of the applicant’s physical or mental disabilities or incapacities. With respect to each such disability or incapacity, the applicant shall state whether the same would interfere with the proper management and control of a motor vehicle;

E. A declaration by a taxicab employer that the applicant is employed by or has an offer of employment by that employer to operate a taxicab, or a declaration that the applicant is a self-employed independent driver;

F. A declaration by a taxicab employer that the applicant who is employed by or has an offer of employment with the employer, or by the applicant if the applicant is a self-employed independent driver, that the applicant has been tested for controlled substances (and alcohol for permit renewal) in accordance with Section 53075.5 of the Government Code and the results thereof are negative;

G. If the applicant is a self-employed independent driver, test results from the controlled substance (and alcohol for permit renewal) test shall be reported to the Chief of Police in accordance with Section 53075.5 of the Government Code and are to be made a part of the application;

H. The name of the taxicab business which the applicant is employed by or has an offer of employment from, or if the applicant is a self-employed independent driver, the name of the taxicab business the applicant is doing business as or leases the taxicab vehicle from;

I. A statement as to whether the applicant is or ever has been addicted to the use of alcohol or any controlled substance as defined by the California Health and Safety Code;

J. A list of all prescription medicine which the applicant takes on a regular or episodic basis;

K. Such other information as may be required by the Chief of Police to further the purposes of this chapter, EGMC Chapter 4.02 or 4.10. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.15.095 Issuance or renewal of employee permit.

Upon receipt of an application for an employee permit, or the application for the renewal of an employee permit, the Chief of Police shall conduct such investigation pursuant to EGMC Section 4.10.085 as is deemed necessary. The Chief of Police shall issue the permit or renewal of the permit pursuant to EGMC Section 4.10.090 unless the Chief of Police finds in writing grounds to deny as provided in EGMC Section 4.10.090 or the Chief of Police finds in writing any of the following:

A. That the application fails to contain information required by the Chief of Police or EGMC Section 4.15.090, or is otherwise incomplete;

B. That the applicant fails to submit or refuses to submit to fingerprinting or photographing;

C. That information contained in the application is false or otherwise inaccurate;

D. That the applicant has a physical or mental disability or incapacity; or takes medication; or uses alcohol or any controlled substance as defined in the California Health and Safety Code; or has been convicted of a crime (including forfeiture of bail), and the time for appeal has elapsed, or which an order granting probation is made suspending the imposition of sentence, irrespective of the entry of a subsequent order under Section 1203.4 of the California Penal Code; or has done any act involving dishonesty, fraud or deceit with intent to substantially benefit him or herself, or another, or substantially injure another; and the Chief of Police concludes that by reason of the crime, act, disability, incapacity, or impairment from a substance consumed, the applicant would not operate the taxicab in a law-abiding manner or in a manner which does not subject members of the traveling public to risk of harm or criminal, deceitful or otherwise unethical practices. Notwithstanding the foregoing, an application for a permit or a renewal shall not be denied solely on the basis that a person has been convicted of a felony if the person has obtained a certificate of rehabilitation under Section 4852.01, et seq., of the California Penal Code; or, that the person has been convicted of a misdemeanor, if the person has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person under Section 4852.01, et seq., of the California Penal Code. Conviction of a moving traffic violation shall constitute grounds for denial of the permit, or renewal, if the Chief of Police concludes that by reason of such traffic violation conviction there is a substantial risk that the applicant would not operate the taxicab in a law-abiding manner or in a manner which does not subject members of the traveling public to risk of harm;

E. That the applicant’s California driver’s license has been revoked or suspended;

F. That the applicant is not employed or has no offer of employment as a taxicab driver, or is not a self-employed independent taxicab driver;

G. That the applicant has tested positive for controlled substances (or for permit renewal, controlled substances and alcohol), in accordance with Section 53075.5 of the Government Code;

H. That the applicant refuses or fails to submit to a controlled substance, alcohol test, or both, as required by Section 53075.5 of the Government Code; or

I. One or more of the grounds for permit revocation or suspension exist pursuant to EGMC Section 4.15.100. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.15.097 Employee permit void upon termination of employment.

The employee permit shall become void upon termination of employment of the holder of an employee permit by the holder of a special business license. If the holder of the employee permit is a self-employed independent operator, the employee permit shall become void on the date upon which the holder of the permit no longer owns, or has a leasehold interest in a taxicab vehicle, or when the taxicab operated by the holder of the permit is no longer covered by the holder of the special business license. A holder of an employee permit shall return his or her employee permit to the Chief of Police within three (3) days after the occurrence of any of the events described in this paragraph.

The holder of the special business license employing the holder of the employee permit, if applicable, shall notify the Chief of Police within three (3) days upon termination of the holder’s employment. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.15.099 Employee permit – Controlled substance and alcohol testing – Reporting test results.

A.1. All initial applicants and renewal applicants for an employee permit shall take and pass with negative test results a controlled substance test, an alcohol test and as otherwise required by this chapter or Section 53075.5 of the Government Code. The test or tests, as applicable, for an employee permit shall be taken no more than thirty (30) days preceding the date the application for the employee permit is filed, or the date the application for renewal is filed, or the date the application for the renewal is filed if the employee permit was allowed to expire.

2. When test results of a self-employed independent applicant or holder of an employee permit are positive for alcohol, a controlled substance, or both, the Chief of Police shall report such results to the taxicab leasing company, if any, on record with the Chief of Police. When test results of an applicant or holder of an employee permit who is employed by or has an offer of employment by a taxicab employer are positive for alcohol, a controlled substance, or both, the employer shall report such results to the Chief of Police.

3. Any holder of an employee permit whose employee permit has been suspended or revoked for positive test results of a controlled substance, alcohol, or both, for a test required by this chapter or Section 53075.5 of the Government Code shall not be reinstated as a driver of a taxicab or as a permit holder, nor shall a new permit be issued, until the requirements for rehabilitation and return to duty in accordance with Section 53075.5 of the Government Code are satisfied.

B. The Chief of Police, upon reasonable suspicion to believe that the holder of an employee permit has violated the prohibitions of Section 53075.5 of the Government Code for alcohol, a controlled substance, or both, shall require the holder of such permit to take a controlled substance, alcohol test, or both, in accordance with Section 53075.5 of the Government Code. Such reasonable suspicion shall be based upon specific, contemporaneous, articulative observations concerning appearance, behavior, speech or body odors of the holder. The observations may include indications of the chronic and withdrawal effects of controlled substances. Alcohol testing may be required if such observations are made during, just preceding, or just after the period of the day that the holder is required to operate the taxicab.

Such reasonable suspicion testing as is required by the Chief of Police shall be taken by the holder of the permit within five (5) days after the Chief of Police gives notice of the requirement. Notice shall be given to the holder of the permit, and to the holder’s employer if the holder is not self-employed. Notice shall be deemed effective upon depositing the notice in the mail, first class, postage prepaid, and addressed to the holder of the permit and the holder’s employer, if applicable, at the last address on record with the Chief of Police. Notwithstanding the provision of EGMC Section 4.10.145 to the contrary, the Chief of Police shall temporarily suspend an employee permit effective upon the Chief of Police making a finding in writing pursuant to this section requiring reasonable suspicion testing and the holder of the permit fails to take the test. The prior twenty-four (24) hour notice provision of EGMC Section 4.10.145 to the holder of the employee permit shall not be required prior to such temporary suspension. The Chief of Police shall, within twenty-four (24) hours of the commencement of such temporary suspension, serve the notice in the manner and as otherwise required by EGMC Section 4.10.145 and shall thereafter permit the holder of the permit to respond to the Chief of Police as required by EGMC Section 4.10.145. The temporary suspension shall continue until the holder of the employee permit submits to such required testing, or pending expiration of the time for appeal or exhaustion of an appeal pursuant to the commencement of a proceeding for the suspension or revocation of the permit, whichever occurs first. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.15.100 Revocation or suspension of special business licenses.

A special business license shall be revoked or suspended pursuant to the grounds set forth in EGMC Section 4.10.135 or upon a finding in writing of one (1) or more of the following grounds:

A. Upon receipt by the Chief of Police of written notice from an insurer of cancellation, expiration or change in insurance coverage resulting in noncompliance with EGMC Section 4.15.075(A)(3); or upon receipt of notice from the holder of the special business license pursuant to EGMC Section 4.15.075(A)(5), whichever occurs first; or, that the holder of a special business license has operated a taxicab for which the insurance coverage as required by EGMC Section 4.15.075(A)(3) was not in effect.

Notwithstanding the provision of EGMC Section 4.10.145 to the contrary, the Chief of Police shall temporarily suspend a special business license effective upon the Chief of Police making a finding pursuant to this subsection in writing. The prior twenty-four (24) hour notice provision of EGMC Section 4.10.145 to the holder of the special business license and the place of business thereof shall not be required prior to such temporary suspension. The Chief of Police shall, within twenty-four (24) hours of the commencement of such temporary suspension, serve the notice in the manner and as otherwise required by EGMC Section 4.10.145 and shall thereafter permit the holder of the license to respond to the Chief of Police as required by EGMC Section 4.10.145. Such temporary suspension shall continue until the Chief of Police receives written notice from an insurer indicating compliance with the requirements of EGMC Section 4.15.075(A)(3), or, pending expiration of the time for appeal or exhaustion of an appeal pursuant to a proceeding for the suspension or revocation of the license, whichever occurs first;

B. The holder of a special business license has failed to notify the Chief of Police of cancellation, expiration, or change of insurance as required by EGMC Section 4.15.075(A)(5);

C. The holder of a special business license has submitted a false declaration regarding controlled substance, alcohol testing, or both, required by this chapter;

D. The holder of a special business license has allowed a person, an employee, or holder of an employee permit to operate a taxicab knowing that the operator tests positive, as required by Section 53075.5 of the Government Code or this chapter, for a controlled substance, alcohol, or both;

E. The holder of a special business license has allowed a person or an employee without a valid employee permit to operate a taxicab;

F. The holder of a special business license has failed to notify the Chief of Police of the termination of an employee holding an employee permit pursuant to EGMC Section 4.15.097; or

G. Any other failure of the holder of a special business license to comply with any condition, requirement, or prohibition of this chapter or EGMC Chapter 4.02 or 4.10; or a finding of grounds for denial of the license, or the denial of a renewal, pursuant to EGMC Section 4.10.100; or, a finding made pursuant to EGMC Section 4.15.082. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.15.105 Revocation or suspension of employee permits.

An employee permit shall be revoked or suspended pursuant to EGMC Section 4.10.140 upon any of the following findings in writing:

A. The holder of the employee permit has violated any of the duties, requirements or prohibitions set forth in any administrative regulations issued pursuant to EGMC Section 4.02.085 or 4.15.065;

B. The holder of the employee permit has misrepresented a material fact contained in the application for the permit or renewal;

C. That since issuance of the permit or renewal the Chief of Police has acquired information supporting a finding prescribed by EGMC Section 4.15.095(D) in relation to the holder of the employee permit;

D. That the holder of the employee permit operated a taxicab with an invalid, suspended or revoked California driver’s license;

E. That the holder of the employee permit has tested positive for any controlled substance, or alcohol, or both, pursuant to a test taken in accordance with Section 53075.5 of the Government Code;

F. That the holder of the employee permit, or his or her employer, has submitted a false declaration regarding testing for a controlled substance, or alcohol, or both, pursuant to a test required by Section 53705.5 of the Government Code;

G. The holder of the employee permit has operated a taxicab in an unsafe manner without regard for the safety and welfare of passengers, pedestrians, other drivers, or property. Factors to be considered in reaching this finding are that the holder of the employee permit has suffered a conviction of one (1) or more moving violations of the California Vehicle Code, or, by conduct which has placed any passenger, motorist, pedestrian, or property at unreasonable or unnecessary risk for physical harm, damage to property, or deceitful or fraudulent practices;

H. That the holder of the employee permit refuses or fails to submit to testing for a controlled substance, alcohol, or both, as required by Section 53075.5 of the Government Code or this chapter; or

I. Any other failure of the holder of the employee permit to comply with any duty, condition, requirement, or prohibition of this chapter or EGMC Chapter 4.02 or 4.10 or a finding made pursuant to EGMC Section 4.15.095. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]