Chapter 7.10 TAXICABS

A. “Driver” means every person in charge of, or operating, any vehicle for hire, as herein defined, either as agent, employee or otherwise under the direction of the owner, or as owner, as herein defined.

B. “Hearing officer” means a designee appointed by the city manager.

C. “Owner” means every individual, group of individuals, partnership, limited partnership, joint venture, shareholder, firm or corporation or any other organizational structure having use or control of any vehicle for hire, as herein defined, whether as owner, lessee or otherwise. The term “owner” includes self-employed drivers.

D. “Public convenience and necessity” means a genuine need for additional public passenger vehicles for hire, as determined by the chief of police, city manager or their designees, in order to promptly, adequately and efficiently serve the needs and convenience of the general public.

E. “Rent car” means every vehicle, excluding taxicabs, used for the transportation of passengers for hire over the streets of the city and not over a defined route, for which a fee is charged and the service of which is rendered wholly within the corporate limits of the city, and such vehicle is routed as to destination under the direction of such passenger or passengers, or of such person hiring the same.

F. “Street” means any place commonly used for the purpose of vehicular public travel.

G. “Taxicab” means any automobile or motor-propelled vehicle with a seating capacity of eight or fewer persons, excluding the driver, operated at rates per mile, or for wait-time, or for both, and equipped with a taximeter, used for the transportation of passengers for hire over the public streets of the city, and not over a defined route and irrespective of whether the operations extend beyond the boundary limit of said city, with its destination under the direction of its passenger or passengers, or such persons hiring the same.

H. “Taximeter” means any mechanical instrument, appliance, device or machine by which the charge for hire of a passenger carrying vehicle is mechanically calculated, either for distance traveled or time consumed, or both, and upon said instrument, appliance, device or machine such charge is indicated by figures.

I. “Vehicle” means a vehicle as defined in Section 670 of the California Vehicle Code and includes the term “motor vehicle” as defined in Section 415 of the California Vehicle Code.

J. “Vehicle for hire” or “vehicles for hire” includes any and all taxicabs and/or rent cars as defined herein. (Ord. 13, § I, Amended by Ord. 354, §§ 17 and 18; Ord. 733, § 1; 1976 Code § 7-2.01; 1966 Code § 5200).

7.10.015 Purpose and scope.

A. The purpose of this chapter is to protect the public health, safety and welfare by regulating the operation and licensing of vehicles for hire and the drivers of passenger vehicles for hire as authorized by Vehicle Code Section 21100.

B. All vehicles for hire authorized to operate within the city shall be properly licensed with the California Department of Motor Vehicles, and shall further comply with all state and local laws and regulations relating to the licensing and commercial operation thereof, including this chapter. No vehicle for hire operated in the city shall be rented to any owner or driver unless such owner or driver has obtained the appropriate permits pursuant to this chapter.

C. This chapter is limited in scope to the regulation of vehicles for hire, as defined herein. However, it is not intended to regulate vehicles or businesses required to obtain a certificate of convenience and necessity issued by the California Public Utilities Commission, nor does it apply to any passenger transportation service owned and operated by a public agency. (Ord. 733, § 1).

7.10.020 Owner’s permit.

A. It is unlawful to operate any vehicle for hire in the city unless the owner thereof applies for and obtains a permit to do so, which shall be applied for, granted, and in effect, all in compliance with the provisions of this chapter. An owner cannot in any matter be affiliated with more than one business that has a permit as provided under this chapter. At the passage of the ordinance codified in this chapter, those companies currently affiliated with the same owners will only be afforded the rights of a single company.

B. No owner’s permit shall be issued to any person, firm or corporation until a standard, distinctive and uniform color scheme, name, monogram or insignia has been adopted by the applicant for its permitted vehicles and approved by the chief of police or his or her designee. Magnetic signs to identify the company name are not sufficient or permitted.

C. After the service for which a permit is granted under this chapter is discontinued, or if the owner sells or discontinues its business for a period of forty-five days, the permits granted under this chapter shall be automatically cancelled and shall be reissued only in accordance with the provisions of this chapter.

D. All permitted owners must have a written controlled substance and alcohol policy for their companies. A copy of this policy must be approved by the chief of police and on file with the city. Each owner is responsible for contracting with an authorized testing facility approved by the chief of police. (Ord. 13, § II, Amended by Ord. 354, § 17; Ord. 733, § 1; 1976 Code § 7-2.02; 1966 Code § 5201).

7.10.030 Owner’s permit application – Annual permit renewal.

A. The police department shall administer the application process for owners’ permits.

B. Each application for an owner’s permit shall be in writing, duly certified under oath, and it, together with a copy thereof, shall be filed with the chief of police, who shall transmit the original to the city clerk, who shall file the same. Each such application shall set forth information including but not limited to:

1. A full identification of the applicant and all persons directly or indirectly interested in the applicant’s permit and related business;

2. The residence, business address and the citizenship of the applicant, including all members of any firm or partnership, or all officers and directors of any corporation, applying;

3. The exact nature of the proposed business for which the permit is requested, and the name under which it is to be operated;

4. Whether or not any owner’s permit held by the applicant(s) has or have been revoked by the city or any other jurisdiction, and if so, the circumstances of such revocation(s);

5. The number of vehicles proposed to be operated;

6. The complete description of the vehicles proposed to be operated, including the vehicle identification numbers (VINs), and the proposed operations;

7. The color scheme and characteristic insignia to be used to designate the permitted vehicle(s) and the manner of application of such insignia;

8. Evidence to substantiate that the applicant has financial capacity to meet the requirements set forth in MMC 7.10.055 through 7.10.080; and

9. Such other information as the chief of police, city manager or their designees may deem necessary in support of the public health, safety and welfare.

C. Unless earlier suspended or terminated as provided in this chapter, each permit shall be in effect for one year and shall be renewed only upon the filing by the permit holder, and approval by the chief of police, of a permit renewal application, which shall contain the same information and be reviewed on the same bases as an original application.

D. The applicant must file, complete and receive final approval for a DBA (doing business as) document with the county of San Mateo. All current owners must comply within six months of the passage of the ordinance codified in this chapter or face a suspension or revocation of their permits. Failure to comply with this requirement is grounds for permit suspension or revocation.

E. The sale or transfer of a company will require the new owner to apply for the prior owner’s permit held in accordance with this chapter.

F. When submitting an application for each new and renewed permit, the applicant must pay any fees required under this code and a nonrefundable processing fee as set forth in the city’s fee schedule, adopted by resolution of the city council. The latter processing fee shall be used solely to defray the costs of the Millbrae police department investigations and reports required in this chapter. (Ord. 13, § III; Ord. 733, § 1; 1976 Code § 7-2.03; 1966 Code § 5202).

7.10.035 Vehicle permit necessity and convenience.

The chief of police may limit the number of owner’s permits allowed in the city, as well as the number of vehicles for hire to be operated per owner, based on necessity and convenience. The chief of police may consider criteria including, but not limited to, the number of fares per day per taxicab in the city; a guideline based on population of one taxicab per one thousand five hundred residences; and/or any recommendations of the Taxicab, Limousine and Paratransit Foundation or any other relevant professional organization. (Ord. 733, § 1).

7.10.040 Denial of owner’s permit applications – Suspension or revocation of owner’s permits.

A. The chief of police may deny any owner’s permit application if it is determined that:

1. There is a reasonable cause rendering the proposed operation undesirable or inadequate for the city;

2. There is insufficient public need or demand for the proposed operation;

3. The vehicle proposed to be operated is inadequate or unsafe, or it appears that the applicant lacks the financial ability to provide the proposed service in a safe and continuous manner;

4. The applicant has been convicted of a felony or the violation of a narcotic law or any penal law involving moral turpitude; or has been found to have violated the provisions of this chapter; or has been convicted of committing or attempting to commit any type of consumer fraud or unfair practices; or has been found to have committed multiple violations of this code; or has had a similar permit revoked in any city, county or state for cause;

5. The proposed name of the company, color scheme or characteristic insignia will tend to confuse the identification of the vehicles proposed to be operated with those of another owner operating in the city; or

6. The owner has failed to provide required information, omitted relevant information, or provided false information on the written application or otherwise during the application process.

B. The chief of police may suspend or revoke an owner’s permit for any of the grounds for which the chief of police may deny an application for a violation of any of the provisions of this chapter, or for failure to pay any judgment for damages arising from the unlawful or negligent operation or maintenance of a vehicle for hire; provided, however, that no permit shall be denied or revoked except after a hearing for the owner to show cause why it should not be revoked as provided under this chapter. The city shall provide ten or more days’ notice of such a hearing in writing. This notice shall state the reason for revocation and the time and place of the hearing. (Ord. 13, § IV, Amended by Ord. 354, §§ 17, 19; Ord. 733, § 1; 1976 Code § 7-2.04; 1966 Code § 5203).

7.10.050 Additions and substitutions.

A. Any owner holding a permit to operate one or more taxicabs, as provided in this chapter, who desires to add to the number of such vehicles shall do so only upon obtaining permission from the chief of police, or his or her designee, which shall be granted only upon application made in the same manner and under the same proceedings as are required in this chapter for obtaining a new permit.

B. Any owner holding a permit to operate one or more taxicabs, as provided in this chapter, who desires to substitute a different vehicle for a vehicle operated under such permit, shall do so only upon obtaining permission from the chief of police or his or her designee, which shall be granted only upon written application setting forth the particulars of such proposed substitution, and upon otherwise complying with the requirements of this chapter.

C. The chief of police, or his or her designee, shall have the same authority in granting or denying such application for permission to add or substitute a vehicle as is prescribed in this chapter for granting or denying an owner’s permit application. (Ord. 13, § V, Amended by Ord. 354, § 17; Ord. 733, § 1; 1976 Code § 7-2.05; 1966 Code § 5204).

7.10.055 Financial capacity requirements.

It is unlawful to drive or operate any vehicle for hire or to cause or permit to be driven or operated any vehicle for hire in the city unless the owner thereof has obtained and maintains the financial ability to pay for damages resulting from the ownership or operation of the vehicle as required by Vehicle Code Section 16500 et seq., as it may be amended from time to time, or successor legislation, and any regulations lawfully adopted pursuant thereto. (Ord. 733, § 1).

7.10.060 Liability insurance requirements.

It is unlawful for any owner to drive or operate, or cause or permit to be driven or operated, any vehicle for hire in the city unless such owner has filed with the Millbrae police department a written insurance certificate(s) evidencing that any and all vehicles for hire which may be driven or operated under any permit granted to such owner are covered under liability policy(ies) which satisfy the requirements in this chapter. The liability policies shall be issued by responsible and solvent corporations authorized to issue insurance policies under the laws of the state and the certificates shall confirm that the policies are in full force and effect at the time of filing. Any cancellation of the policy by the insurance company or the owner of the company without immediate replacement by the owner may result in a suspension or revocation of the owner’s permit. The Millbrae police department shall be listed on the insurance document as the certificate holder. The falsification of any insurance certificate by or on behalf of any owner or the failure to maintain the required liability insurance coverage in full force and effect at all times shall be grounds for revocation of his or her permit. (Ord. 13, § 6, Amended by Ord. 354, §§ 17 and 20; Ord. 733, § 1; 1976 Code § 7-2.06; 1966 Code § 5205).

7.10.070 Liability insurance policy.

A. The liability insurance policy(ies) required under the provisions of MMC 7.10.060 shall insure the owner and any other person using or responsible for the use of any such vehicle for hire with the consent, express or implied, of such owner, and the city against loss from the liability imposed upon such owner by law for injury to, or death of, any person, or damage to property of any person, or damage to property growing out of the maintenance, operation or ownership of any vehicle for hire, to the amount or limit of five hundred thousand dollars, exclusive of interest and costs on account of injury to, or death of, any one person; of one million dollars, exclusive of interest and costs, on account of any one accident, resulting in injury to or death of more than one person; and one hundred thousand dollars for damage to property of others, resulting from any one accident.

B. The liability policy(ies) shall inure to the benefit of any and all persons suffering loss or damage to either person or property and the liability of the insurance carrier shall be in no manner abrogated or abated by the death of the tortfeasor and/or the owner. (Ord. 13, § 7, Amended by Ord. 23, § 1 and Ord. 354, §§ 17 and 21; Ord. 733, § 1; 1976 Code § 7-2.07; 1966 Code § 5206).

7.10.080 Liability insurance – Noncancellation clause.

Every insurance certificate required under the provisions of this chapter shall certify that the liability policy(ies) therein cited shall not be cancelled except upon thirty days’ prior written notice thereof to the chief of police and the city clerk. The liability insurance shall be a continuing liability up to the full amount thereof, notwithstanding any recovery thereon, and the certificates thereof shall so certify. All liability policies and all certificates thereof shall be subject to the approval of the city attorney and the chief of police in any and all matters and if at any time, in the judgment of the chief of police or the city attorney, the liability policies are not sufficient for any cause, the city may require the owner who filed the same to replace the liability policies within ten days’ written notice thereof with other policies that satisfy the provisions of this chapter. If the owner fails to replace the liability policies within the ten-day period with good and sufficient policies, then at the termination of said period, the owner’s permit issued under this chapter shall be automatically suspended until such time as said requirement is satisfied, and the chief of police shall enforce such suspension. Any violation of the suspension may result in a revocation of the owner’s permit. Should it be determined that the owner knew the policy would not meet the requirements of this chapter or that there was a previous similar violation, the owner’s permit may be revoked. (Ord. 13, § 8, Amended by Ord. 354, § 22; Ord. 733, § 1; 1976 Code § 7-2.08; 1966 Code § 5207).

7.10.090 Bond in lieu of liability policy.

Repealed by Ord. 733. (Ord. 13, § 9, Amended by Ord. 354, §§ 17 and 23; 1976 Code § 7-2.09; 1966 Code § 5208).

7.10.095 Advertisement regulations.

Pursuant to California Government Code Section 53075.9, every owner shall include the number of its permit in every written or oral advertisement of the services it offers.

For purposes of this section, “advertisement” includes, but is not limited to, the issuance of any card, sign, or device to any person; or causing, permitting, or allowing the placement of any sign or marking on or in any building or structure, or in any media form, including newspaper, magazine, radio wave, satellite signal, or through any electronic transmission, or in any directory soliciting taxicab transportation services subject to this chapter. A violation of this section is punishable to the maximum extent provided in California Government Code Section 53075.9, subject to the hearing process provided in this chapter. (Ord. 733, § 1).

7.10.100 Driver’s permit.

A. It is unlawful for any driver to operate any vehicle for hire in the city without a valid permit to do so as provided in this chapter.

B. The police department shall administer the application process for drivers’ permits.

C. Each application for a driver’s permit shall be in writing, duly certified under oath, and it, together with a copy thereof, shall be filed with the chief of police, who shall transmit the original to the city clerk, who shall file the same. (Ord. 13, § 10, Amended by Ord. 354, § 17; Ord. 733, § 1; 1976 Code § 7-2.10; 1966 Code § 5209).

7.10.110 Driver’s permit application, issuance and display – Annual renewal.

A. Each driver’s application shall set forth information including, but not limited to, the following:

1. The name, birth date and address of the driver;

2. The name and address of each of the driver’s employers during the preceding three years;

3. Whether or not a vehicle for hire driver’s permit issued to the driver by the city or any other jurisdiction has ever been revoked and, if so, the circumstances of such revocation;

4. The name and address of the owner by whom the driver is to be employed as a driver (which owner shall endorse the application); and

5. Such additional information as the chief of police may require.

B. No person shall operate a vehicle for hire if the driver has had a driver’s license or permit revoked in any jurisdiction for just cause.

D. The applicant must evidence a proficient knowledge of the traffic laws of the city and of the state, and demonstrate his or her ability to operate a taxicab, all to the satisfaction of the chief of police. Upon satisfying the foregoing requirements, said driver shall be fingerprinted by, and his or her record filed in, the Millbrae police department. Said driver shall also file with the application two recent photographs (size one and one-half inch by one and one-half inch), one to be filed with the application and the other to be retained by the owner employing the driver and posted in a place conspicuous from the passenger’s compartment of each vehicle for hire while said driver is operating same.

E. No driver’s permit shall be granted to any person under the age of eighteen years.

F. Every driver’s permit issued under this chapter shall set forth the name of the owner for whom said driver is authorized to operate a vehicle for hire, and shall be valid only so long as the driver continues in the employ of such owner. Upon the termination of such employment or affiliation with the owner, the driver shall forthwith surrender the driver’s permit to the chief of police within two days of the termination.

G. No driver’s permit issued under this chapter shall be transferable under any circumstances.

H. When submitting an application for each new and renewed permit, the applicant, whether through the owner or otherwise, must pay any fees required under this code and a nonrefundable processing fee as set forth in the city’s fee schedule, adopted by resolution of the city council. The latter processing fee shall be used solely to defray the costs of the Millbrae police department investigations and reports required herein. (Ord. 13, § 11, Amended by Ord. 354, §§ 17 and 24; Ord. 733, § 1; 1976 Code § 7-2.11; 1966 Code § 5210).

7.10.120 Denial of driver’s permit applications – Suspension or revocation of driver’s permits.

A. The chief of police may deny any driver’s permit application if it is determined that:

1. There are physical, mental or moral deficiencies of the applicant, or a criminal record, which, in the sound discretion of the chief of police or his or her designee, would render such applicant not competent to operate a vehicle for hire;

2. The applicant has been found guilty of or has been convicted of more than four moving traffic violations within three years of the date of application, or has been found guilty of or has been convicted of more than two moving traffic violations within one year of the date of application;

3. The driver’s license of the applicant has been suspended or revoked or the driver is not in compliance with the provisions of this chapter and/or state or federal regulations governing the operation of a motor vehicle;

4. The driver has received a positive result in any random test for controlled substances or alcohol within the prior twelve calendar months;

5. The granting of such permit would be in violation of any law or would endanger the public health, safety or welfare;

6. The driver is under the age of eighteen; or

7. The driver failed to provide required information, omitted relevant information, or provided false information on the written application or otherwise during the application process.

B. The chief of police shall have the power to suspend or revoke any driver’s permit issued under this chapter for any of the reasons for which an application for such a permit may be denied. A driver wishing to appeal the decision may request a hearing in accordance with this chapter.

C. In the event of such suspension or revocation of a driver’s permit, the holder of the permit shall forthwith surrender it to the chief of police. (Ord. 13, § 12; Ord. 733, § 1; 1976 Code § 7-2.12; 1966 Code § 5211).

7.10.125 Mandatory controlled substance and alcohol testing program and policy.

A. The owner is obligated to ensure that each driver shall test negative 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 and as a condition of driver’s permit issuance and 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.

B. Each owner is obligated to ensure compliance with this section for all drivers employed by the owner’s vehicle for hire business. Owners shall pay all costs of this program with respect to their employees and potential employees, except that owners may require drivers who fail any required test to pay the costs of the driver’s own rehabilitation and return-to-duty and follow-up testing.

C. Testing procedures shall be substantially as provided in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, except that each driver shall show a valid California driver’s license at the time and place of testing, and except as provided otherwise in this section. Requirements for rehabilitation, return-to-duty, follow-up testing and other requirements, except as provided otherwise in this section, shall be substantially as set forth in Part 382 of Title 49 of the Code of Federal Regulations.

D. A test in another jurisdiction shall be accepted as meeting the same requirement in the city. 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 or any other jurisdiction; provided, that the driver has not tested positive subsequent to such negative result. However, an earlier negative result shall not be accepted as meeting the pre-employment testing requirement for any subsequent employment, or any testing requirements under the program other than periodic testing.

E. All positive test results shall be reported directly to the chief of police, and the chief of police shall notify the owner affiliated with the driver of the positive results. In all other cases, the results shall be reported directly to the driver’s employer, who shall immediately notify the chief of police of the results.

F. All test results are confidential and shall not be released without the consent of the driver, except as authorized or required by law.

G. Owners and self-employed independent drivers shall pay all related service charges, fees, and assessments that the city may incur in the enforcement of this section as set forth in the city’s fee schedule, adopted by resolution of the city council. Such fees shall be used solely to defray the costs of the police department investigations and reports required herein.

H. No evidence derived from a positive test result pursuant to the program shall be admissible in a criminal prosecution concerning unlawful possession, sale or distribution of controlled substances. (Ord. 733, § 1).

7.10.130 Taximeter required – Posting of fares.

A. Taximeters. It is unlawful for any owner or driver to operate any taxicab in the city unless such vehicle is equipped with a taximeter of such type, style and design as may be approved by the chief of police, and it shall be the duty of every owner operating a taxicab to keep such taximeter in perfect condition so that said taximeter will, at all times, correctly and accurately indicate the legal charge for the distance traveled and waiting time. Such taximeter shall be at all times subject to inspection by the chief of police, who is authorized at his/her instance or upon complaint of any person to investigate or cause to be investigated such taximeter. Upon the discovery of any inaccuracy in said meter, the chief of police is authorized to remove or cause to be removed such vehicle equipped with such taximeter from the streets of the city until such time as said taximeter has been correctly adjusted. Notwithstanding the foregoing, the chief of police may in writing permit the operation of a taxicab unequipped with a taximeter on the terms and conditions, including rates, and for the time specified in such written permit, a copy of which permit must be displayed in the passenger’s compartment of such taxicab.

B. Every such taximeter shall register the charge to the nearest ten cents and be equipped with a flag or other mechanical device with the words “For Hire” printed or stamped thereon. The flag shall be so attached and connected to the mechanism of said taximeter as to cause said mechanism to operate when said flag is in a position other than upright indicating that the taxicab is not for hire. When the flag is moved forward or downward, the operation of said taximeter shall start and shall operate in the manner defined in this chapter.

C. It is unlawful for any driver of a taxicab, while carrying passengers, to display the flag or device attached to such taximeter in such a position as to denote that such vehicle is for hire or is not employed, or to have such flag or other attached device in such a position as to prevent said taximeter from operating. It is also unlawful for any driver to throw such flag or other device of a taximeter into a position which causes said taximeter to record when such vehicle is not actually employed or to fail to throw said flag or other device on such taximeter into a nonrecording position at the termination of each and every service. The foregoing requirements shall not apply to trips to or from points outside the city where the charge is fixed on a trip basis.

D. All charges for transportation of passengers in taxicabs operated in the city must be based on the charges indicated on said taximeters and it is unlawful for any owner, driver or operator of any taxicab to charge any passenger(s) any sum in excess of the sum indicated on said taximeter. The foregoing requirements shall not apply to trips to or from points outside the city where the charge is fixed on a trip basis.

E. The taximeter shall be so placed in said taxicab that the reading dial showing the amount to be charged shall be well-lighted and readily discernible by the passenger riding in such taxicab.

F. Posting of Fares. There shall be displayed in the passenger compartment of each taxicab in full view of the passenger, a card not less than two inches by four inches in size which shall have plainly printed thereon the name of the owner, or the fictitious name under which said owner operates, the owner’s permit number, the business address and telephone number of said owner, and a correct schedule of the rates to be charged for conveyance in said vehicle.

G. All taximeters must be inspected annually by the San Mateo County Department of Agriculture/Weights and Measures. Failure of the owner to ensure these annual inspections take place and to maintain records of same is grounds for revocation of the owner’s permit. (Ord. 13, § 13, Amended by Ord. 354, § 17; Ord. 733, § 1; 1976 Code § 7-2.13; 1966 Code § 5212).

7.10.140 Establishment of taxicab rates.

It is unlawful for the owner or driver of any taxicab to fix, charge or collect any rate or charge in excess of those set forth in the schedule of maximum rates for taxicab service established by resolution of the city council, and maintained on file in the office of the city clerk. (Ord. 13, § 13, Amended by Ord. 137, §§ 1 and 2; Ord. 191, §§ 1, 2 and 3; Ord. 258, § 1; Ord. 295, § 1; Ord. 325, § 1; Ord. 351, § 1; Ord. 367, § 1; Ord. 439, § 1; Ord. 568, § 1; Ord. 651, § 1; Ord. 733, § 1; 1976 Code § 7-2.14; 1966 Code § 5213).

7.10.145 Keeping of records required.

A. The driver of each vehicle for hire shall keep a separate trip sheet of every service rendered by the driver. This sheet shall include the following information: (1) the location where the passenger(s) entered the vehicle for hire; (2) the number of passengers; (3) the time and date the passengers entered the vehicle for hire; (4) the location where the passengers were discharged; and (5) the amount of fare collected. The owner of the business is responsible to ensure the driver is complying with these reporting requirements and the owner shall collect and properly file the trip sheets.

B. The owner of every vehicle for hire shall keep such trip sheets in the owner’s business office for a period of three years after the date service is rendered, which trip sheets shall be open and available for inspection by any representative of the chief of police at all times during business hours. The falsification of any trip sheet by any owner or driver shall be grounds for revocation of his or her permit.

C. The owner of every vehicle for hire, including self-employed drivers, shall keep a dispatch sheet which shows the time of dispatch of every vehicle for hire and a complete and accurate record of all drivers, which includes, for each driver operating under the owner’s permit: a photo, name, address, date of hire, date of termination, the number of the vehicle for hire operated by the driver, the hours of employment, a list of absences from employment, and a list of all motor vehicle violations, all traffic accidents, all complaints received from passengers or others, and the test results from controlled substance and alcohol testing. The owner shall also maintain records of the annual taximeter inspection for each vehicle under owner’s control. These records shall be retained by the owner for five years and subject to inspection by the chief of police or his or her designee, and shall not be destroyed without the written permission of the chief of police. (Ord. 733, § 1).

7.10.150 Inspection of books and records – Audits.

A. The owner or each vehicle for hire shall, upon written request of the chief of police, deliver to the chief of police all of the books and records pertaining to the operation of his or her owned vehicles for hire, created or pertaining to the prior twelve calendar months, for inspection. “Books and records” includes: tax records of the business and owners; legal contracts, articles of incorporation, or other documents confirming the identity of the owners; documents used to determine justifications for fare increases; or documents created or compiled to assist in the investigation of any complaint against the owner or any employee any time in the prior thirty-six months. Unless such books and records are delivered to the chief of police within fifteen days from the date of such request, all permits of said owner shall be suspended on the sixteenth day from the date of such request, until said books and records are delivered or such permits are revoked, whichever is sooner in event.

B. All books and records, as defined in subsection A of this section, shall be subject to audit by the city or an agent of the city upon reasonable suspicion that the books and records are inaccurate, incomplete or otherwise in violation of this chapter. Owners shall cooperate with the city or the city’s agent to enable performance of such audit. If such audit reveals that the owner’s books and records are inaccurate or incomplete and in violation of this chapter, the owner shall pay the city for all costs of the audit. If an audit results in recommendations to improve the owner’s book- and record-keeping processes, the city may suspend the owner’s permit or deny a permit renewal until the owner provides evidence of compliance with the recommendations that is satisfactory to the chief of police. (Ord. 13, § 14, Amended by Ord. 354, §§ 17, 25; Ord. 698, § 1; Ord. 733, § 1; 1976 Code § 7-2.15; 1966 Code § 5214).

7.10.160 Taxicab stands.

A. The city council may, by resolution, locate and designate taxicab stands which shall be appropriately marked and designated “TAXIS ONLY,” and which shall be in operation twenty-four hours of every day. Only one cab per owner is permitted to queue at a taxi stand.

B. It is unlawful for the owner or driver of any taxicab to remain parked while awaiting employment except at a regularly established taxicab stand; provided, however, the taxicabs may park in any available parking space when actually engaged in loading or unloading passengers. Between the hours of ten p.m. and six a.m., taxicabs may stop, stand or park in place where parking of vehicles is otherwise permitted.

C. It is unlawful to park taxicabs at any point other than a taxicab stand except while responding to calls.

D. Taxicabs are not allowed to queue in private parking lots unless they are dispatched to the location to pick up a passenger, or have received written permission from the property owner. (Ord. 13, § 15, Amended by Ord. 354, §§ 17, 26; Ord. 733, § 1; 1976 Code § 7-2.16; 1966 Code § 5215).

7.10.170 Taxicab equipment.

A. Taximeters placed in taxicabs to replace broken or faulty meters shall not be operated more than twenty-four hours prior to being inspected, tested, approved and sealed by an authorized representative of the chief of police.

B. Each taxicab shall bear, at such place or places on the outside of such vehicle as shall be designated by the chief of police, the number of the owner’s permit granted for its operation, in the type and design thereof as directed by the chief of police.

C. All taxicabs will be equipped with a global positioning navigation system. These will be installed within six months after the passage of this chapter. The driver will program the destination of all passengers into the system prior to starting the time on the meter. The drivers shall also have the correct spelling of all the streets in the nine-county San Francisco Bay Area to ensure the proper information is programmed into the system. (Ord. 13, § 16, Amended by Ord. 354, § 17; Ord. 733, § 1; 1976 Code § 7-2.17; 1966 Code § 5216).

7.10.180 Maintenance regulations.

A. Before a permit is issued to any owner, the vehicle(s) for which such permit is requested shall pass an annual inspection by a state certified brake and lamp inspection site and submit the inspection report to the Millbrae police department. A sticker indicating passage of the inspection and issued by the chief of police shall be affixed to the vehicle in a location which is readily visible. The owner will be responsible for the cost of the inspection.

B. The interior of every vehicle for hire shall be thoroughly cleaned at least once in every twenty-four hours, and forthwith all property of value left in any such vehicle by a passenger shall be reported by the owner thereof to the chief of police.

C. The exterior of every vehicle for hire shall be clean and in good repair, and shall not have any peeling paint, exposed paint primer, dents, rust or missing components which are discernible from five feet away from the vehicle.

D. The chief of police, or any member of the Millbrae police department under his or her direction, shall have the right, at any time after displaying proper identification, to enter into or upon any permit-holding vehicle for hire, for the purpose of ascertaining whether or not any of the provisions of this chapter are being violated.

E. Any vehicle for hire which is found, after any such inspection, to be unsafe, or in any way unsuitable for vehicle for hire service shall be immediately ordered out of service, and shall be restored to a safe and proper condition prior to placing the vehicle back in service. (Ord. 13, § 17, Amended by Ord. 354, §§ 17, 27; Ord. 614, § 7; Ord. 733, § 1; 1976 Code § 7-2.18; 1966 Code § 5217).

7.10.190 Operating regulations.

A. Any driver employed to transport passengers to a definite point shall take the most direct route possible that will carry the passenger to the destination safely and expeditiously.

B. Every driver shall, if requested, give a correct receipt upon payment of a fare.

C. No driver shall accept, take into his or her vehicle for hire, or transport any larger number of passengers than the rated seating capacity of the vehicle.

D. Each driver shall also display his or her driver’s permit in a conspicuous position in the vehicle for hire while on duty.

E. It is unlawful for a driver of a taxicab to solicit passengers except from a taxicab stand or while standing immediately adjacent thereto on the curb side.

F. All owners are required to have and operate an automated radio dispatch system to track and record all the calls for all its vehicles for hire.

G. Pursuant to California Vehicle Code Section 21702(a), no driver shall drive upon any highway any vehicle for hire for more than ten consecutive hours or for more than ten hours spread over a total of fifteen consecutive hours. Thereafter, such person shall not drive any such vehicle until eight consecutive hours have passed. (Ord. 733, § 1).

7.10.200 Investigation of complaints.

A. The chief of police or his or her designee shall be responsible for maintaining files of and investigating complaints of owners or drivers that advertise or operate vehicles for hire. The chief of police shall initiate appropriate action against vehicle for hire owners and drivers when a complaint or complaints warrant such action.

B. Pursuant to this investigation, the chief of police shall:

1. Determine which owners and drivers, if any, are required to have in effect a valid permit as required by local, state or federal law, but do not have that valid authority to operate.

2. Inform any owner or driver not having valid authority to operate that it is in violation of law.

3. Within sixty days of informing the owner or driver pursuant to subsection (B)(2) of this section, institute civil or criminal proceedings, or both, pursuant to any applicable authority.

C. The chief of police shall also adopt criteria establishing the type of information that, when contained in a complaint, is sufficient to warrant an investigation pursuant to Government Code Section 53075.7 to investigate complaints of unauthorized taxicab operations. These operating procedures shall be in writing and may be revised from time to time by the chief of police. (Ord. 733, § 1).

7.10.210 Hearing procedure.

A. Any owner or driver may request a hearing to contest any action of the chief of police to suspend, revoke or deny a permit required under this chapter by submitting a request for hearing form and a processing fee in the amount set forth in the city’s fee schedule to the city clerk within fifteen days from the date of the permit suspension, revocation or denial. Failure to pay the fee shall result in postponement of the hearing until the fee is paid or a fee waiver is obtained.

B. The hearing officer, or his or her designee, may initiate administrative proceedings to determine if the unauthorized operation of a vehicle for hire has occurred. Notice of the initiation of this administrative proceeding will be sent to the owner and/or driver at least fifteen calendar days before the hearing date, with a copy to be filed with the city clerk. Failure of the owner and/or driver to attend the hearing shall constitute a failure to exhaust administrative remedies.

C. A hearing conducted pursuant to this section shall be set for a date not less than fifteen days nor more than sixty days from the date that the city clerk receives a request for hearing or a notice of appeal or from the date that the hearing officer, or his or her designee initiates administrative proceedings.

D. Notice of a hearing conducted pursuant to this section will be served by registered or certified U.S. mail to the address on the most recent permit or permit renewal. The failure for any person, owner or driver to receive the notice shall not affect the validity of any enforcement proceedings pursuant to this chapter.

E. Any hearing conducted according to this section shall provide a full opportunity for the person or persons concerned to be heard by the hearing officer. At the time of the hearing, the hearing officer shall conduct a hearing and consider any written or oral evidence regarding the issue of the hearing presented by the owner, driver, an interested party, and any officer or agent of the city. After receiving all evidence presented, the public portion of the hearing shall be closed. The hearing officer then may consider what action(s), if any, should be taken. The failure of any person to appear at a hearing under this section shall constitute a failure by such party to exhaust his/her/their administrative remedies, and a waiver of the same.

F. Within fifteen days following the conclusion of the hearing, the hearing officer shall issue written findings and make a determination regarding the existence of the violation(s) and/or the subject party’s failure to otherwise comply with the provisions of this chapter. The hearing officer shall serve the order in the manner set forth in subsection D of this section. If the hearing officer finds by a preponderance of the evidence that a violation has occurred, that the violation was not corrected within the specified time period, or that the suspension, revocation or denial of the permit was justified, the hearing officer shall issue an order setting forth his or her findings; ordering the violator to correct any condition(s); assigning any administrative fines or penalties as set forth below; and providing an order allowing for recovery of administrative costs, including costs incurred by the city in connection with the proceeding, attorneys’ fees, costs of investigation, staffing costs incurred in preparation for the hearing and for the hearing itself, and the cost of any re-inspection necessary to enforce the order. The hearing officer’s decision shall be final and binding. (Ord. 733, § 1).

7.10.220 Enforcement – Penalties for violation.

A. Any person violating any of the provisions of this chapter, including falsifying or fabricating any certificates, licenses, permits, records, or inspections required under this chapter, is guilty of a misdemeanor and upon conviction such person shall be subject to penalties as provided in Chapter 1.05 MMC.

B. The city may also utilize enforcement mechanisms, including vehicle impoundment, to the extent authorized and in the manner prescribed in applicable state laws, including Government Code Sections 53075.5 through 53075.9, to address violations in this chapter.

C. If the hearing officer finds, after a hearing as prescribed by MMC 7.10.210, that any owner or driver is operating or driving a vehicle for hire without a valid permit or that an owner or driver fails to include a valid permit number in any written or oral advertisement as required by this chapter and Government Code Section 53075.9, then the city may impose a fine of not more than five thousand dollars for each violation, sufficient to cover the reasonable expense of investigation incurred by the city. The city may assess interest, which will accrue from the day the payment of the fine or assessment becomes delinquent. All fines, assessments, and interest collected shall be deposited in a fund established for the purpose of enforcing the provisions of this chapter. (Ord. 733, § 1).