11.050 Motor Vehicle License, Common Carrier of Passengers.

(1) License. It shall be unlawful for any common motor carrier of passengers, that is, any person, firm or corporation holding himself or itself out to the public as willing to undertake for hire to transport persons by motor vehicle between fixed terminals or over a regular route upon the public highways, where said operations take place entirely within the City of Manitowoc and incorporated cities or villages contiguous to the City of Manitowoc and in municipalities contiguous to the City of Manitowoc when the motor carrier has its principal place of business therein, to operate any motor vehicle along and upon any public highway of the City of Manitowoc, without first making application and procuring the consent of the Common Council of said City to so operate, and no consent shall be given except by means of license therefor as provided in subsection (2) of this section. The Common Council may at any time suspend or prohibit the right of common motor carriers of passengers to operate motor vehicles over any public highway of the City of Manitowoc when necessary for the proper preservation or policing of the same. No common motor carrier of passengers shall operate any motor vehicle within or through the City of Manitowoc except in compliance with action taken by the Common Council of said City in relation to the routing of said common motor carrier over the streets of the City of Manitowoc.

(2) Application.

(a) Procedure. A separate application in writing shall be made and filed with the City Clerk by each person, firm or corporation proposing to operate such motor vehicle or vehicles in the City of Manitowoc, which application shall be verified as to the truth of the statements herein contained by the oath of the person making such application, if a natural person, and by a member thereof if the applicant is a firm, and by an officer thereof if the applicant is a corporation.

(b) Contents. Each application shall contain the following statements, to wit: name, age, residence and business address if the applicant is a natural person; the business name of the firm and the names of the persons comprising the same, with the business address of each partner and of the firm, if a firm; its name, date of incorporation, names and addresses of the president, secretary and treasurer and place of business, if a corporation; the seating capacity of each motor vehicle proposed to be used; the route or territory over which it is proposed to operate such vehicle; the proposed hours of such operation; and the rate of fare to be charged. The name, type and make of each motor vehicle to be used, the factory and engine numbers thereof, and the State license number thereof shall be filed with the City Clerk as soon as the motor vehicle is operated.

(3) Issuance. Whenever an applicant for a license as provided for in subsection (2) of this section shall have complied with all the conditions and regulations therein contained relative to the filing of his application, it shall be the duty of the City Clerk to forward said application to the Common Council at any regular or special meeting. A majority vote of the members-elect of the Common Council shall authorize the issuance or denial of a license. No such license shall be issued by the City Clerk until favorable action upon the application therefor is first had by the Common Council, and the fees provided for in subsection (5) of this section fully paid to the City Treasurer. Any person, firm or corporation operating a motor vehicle or vehicles pursuant to a license under the provisions of subsections (1) through (5) of this section may, during the term of such license, put into operation and operate any additional motor vehicle or vehicles of the same type and over the same route or territory authorized by such license without making any new or additional application therefor, provided the proper fees shall have first been paid to the City Treasurer and the proper duplicate receipt or receipts posted as required in subsections (1) through (5) of this section. The Common Council may, upon proper application, permit a licensee to transfer the duplicate receipts from one vehicle to another upon the surrender of the City Treasurer’s motor vehicle receipts issued for such motor vehicle and by the payment of the difference in license rate as provided in subsection (5) of this section between the vehicle license surrendered and the rate for the substitute vehicle, and the payment of a $1.00 transfer fee for each such substitute vehicle, but in no case shall the City refund any portion of the license rate in case the substitute vehicle is of less seating capacity. The City Treasurer shall issue such substitute receipt in the same manner as is provided in subsection (5) of this section.

(4) Termination – License Not an Exclusive Right. Each license shall expire or terminate on the first day of July of each year. Provided, however, that the issuance of a license or licenses hereunder shall not be construed as giving an exclusive use or right to operate such motor vehicles over any proposed route or territory, or as giving such exclusive use or right to any person, firm or corporation obtaining such license or licenses.

(5) License Fee. Repealed by State law.

(6) License Plates Required. Repealed by State law.

[Prior code § 11.03]