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HomeMy WebLinkAbout2018-11-27; City Council; ; Ordinance No. CS-343 - Amend Carlsbad Municipal Code Chapter 5.20 Taxicabse CITY COUNCIL Staff Report Meeting Date: To: From: Staff Contact: November 27, 2018 Mayor and City Council Scott Chadwick, City Manager Sheila Cobian, City Clerk Services Manager sheila.cobian@carlsbadca.gov or 760-434-2917 CA Review ~ Subject: Ordinance No. CS-343 -Amend Carlsbad Municipal Code Chapter 5.20 Taxicabs Recommended Action Adopt Ordinance No. CS-343 amending Chapter 5.20 of the Carlsbad Municipal Code related to taxicabs in order to comply with new state regulations. Executive Summary /Discussion Ordinance No. CS-343 was introduced and first read at the City Council meeting held on November 13, 2018. On a motion by Mayor Pro Tern Blackburn, seconded by Council Member M . Schumacher, the City Council voted 5/0 to introduce the Ordinance. The second reading allows the City Council to adopt the ordinance which will become effective thirty days after adoption. Fiscal Analysis Staff anticipates that the requests for taxicab business licenses will be reduced. The reduction in license requests will result in a reduction of fees collected from the licensing activity. The city charges $25 per taxicab decal issued. This reduction in fees collected will be offset by the reduced need to process taxicab business licenses. Next Steps The City Clerk will have the ordinance or a summary of the ordinance published in a newspaper of general circulation within fifteen days following adoption of the ordinance. Environmental Evaluation (CEQA) Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and, therefore, does not require environmental review. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. Ordinance No. CS-343. November 27, 2018 Item #9 Page 1 of 12 ORDINANCE NO. CS-343 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 5.20 OF THE CARLSBAD MUNICIPAL CODE RELATED TO TAXICABS IN ORDER TO COMPLY WITH NEW STATE REGULATIONS Exhibit 1 WHEREAS, the Governor of the State of California recently approved Assembly Bill 1069 and Assembly Bill 939 regarding local government taxicab transportation services; and WHEREAS, the City Council of the City of Carlsbad wishes to amend the portions of the Carlsbad Municipal Code regarding taxicabs to comply with the recent changes to state law; and NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1. The above recitations are true and correct. 2. Carlsbad Municipal Code Chapter 5.20 is amended to read as follows: Sections: 5.20.010 5.20.015 5.20.020 5.20.030 5.20.040 5.20.050 5.20.060 5.20.070 5.20.075 5.20.080 5.20.090 5.20.095 5.20.100 5.20.110 5.20.120 5.20.130 5.20.140 5.20.150 5.20.160 5.20.170 5.20.180 Definitions. Permit requirements. Business license. Chapter 5.20 TAXICABS Application information and fee. Investigation and issuance of a City of Carlsbad business license and City of Carlsbad decal. Grounds for denying a taxicab operator a City of Carlsbad business license and/or taxicab permit. City of Carlsbad business license for taxicab operator-Expiration and renewal. Notice of suspension, revocation, or denial and appeal rights and procedures. Emergency suspension. Insurance requirements. Suspension or revocation of a City of Carlsbad business license for taxicab operator. Suspension or revocation of taxicab drivers permit. Permission to make changes in the mode of operation. Taxicab stands. Taxicab fares. Rules and regulations of operation. Condition of taxicabs. Taxicab driver licensing requirements. Taxicab numbers and information posted inside of a taxicab. Transferability of a business license. Violations. November 27, 2018 Item #9 Page 2 of 12 5.20.010 Definitions. For the purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section, unless it is apparent from the context that a different meaning is intended: "Certificate of liability insurance" means the certificate of liability insurance issued by an insurance company in the name of the taxi company in the required coverage amounts by the City of Carlsbad in order to obtain a business license. "Chief of Police" shall mean the Chief of the Carlsbad Police Department, or his/her duly authorized agents and representatives. "City" means the City of Carlsbad. "City of Carlsbad business license" or "business license" means the business license that is issued by the City of Carlsbad that is required to operate a taxi business or provide taxi services that originate within the city limits of Carlsbad. "County" means the County of San Diego and includes the San Diego County Sheriff Department. "Decal" means a pre-numbered decal that demonstrates issuance of a city business license, to be affixed to the left portion of the passenger side rear window. The decal will be hole-punched with its expiration month and year. This decal authorizes the taxicab to provide taxi services that originate in the City of Carlsbad. "Passenger'' shall mean every occupant other than the driver of a taxicab. "Posted rate" means the rate th_e operator has registered with the county for transporting passengers and which is conspicuously posted in the taxicab. The "posted rate" includes flat rate fares and the fares at which the taximeter has been calibrated and inspected by the sealer of County of San Diego weights and measures. "Primary business address" means the location where the taxicab operator, his/her employees, contractors and/or agents are physically located and conduct the majority of their taxicab business. "Substantially located" shall mean in reference to a city or county that the taxicab company meets either of the following: 1. Has its primary business address within that city's or county's jurisdiction 2. The total number of prearranged and non-prearranged trips that originate within that city's or county's jurisdiction account for the largest share of the taxicab cab company's total number of trips over the previous calendar year, as determined annually. 3. A taxicab company that initiates taxi operations after January 1, 2019, in reference to a city or county in which that company had operated before January 1, 2019, the following: a. In the first year of its operation, the jurisdiction where that taxicab company has its primary business address. b. After the first year of operation, it meets either of the following: the test described in 1) or 2). "Taxicab" means a motor vehicle as the term is defined by the California Vehicle Code used for transportation of passengers for hire, equipped with a taximeter. A taxicab shall be a vehicle designed to transport no more than eight persons, excluding the driver. "Taxicab driver" means any person or individual who drives or is in actual physical control of a taxicab. "Taxicab driver identification cards" or "identification card" means the two annual county identification cards issued to a taxicab driver, by the San Diego County Sheriff Department, authorizing a taxicab driver to pick up passengers. Both identification cards shall be made available to any passenger or law enforcement official for inspection prior to, during and after any transportation of passengers. November 27, 2018 Item #9 Page 3 of 12 1. The larger identification card is approximately eight inches long by five and one-fourth inches high and will be on display, unaltered and without obstruction, on the dash board of all taxicabs while the taxicab driver is operating the taxicab in the city. 2. The smaller identification card is approximately three and one-fourth inches long by two inches high and shall be worn by the taxicab driver, at all time while operating the taxicab in the city. "Taxicab operator'' means the person, business, partnership, association, firm or corporation which is engaged in the taxicab business. "Taxicab operator license" means the annual license issued by the county sheriff's department authorizing a taxicab operator to pick up passengers. In addition the taxicab operator shall obtain a city business license. "Taxicab vehicle inspection form" means the county sheriff's department taxicab vehicle inspection form. Each and every taxicab operating within the city shall have a completed and approved taxicab vehicle inspection form. A copy of the taxicab vehicle inspection form shall be maintained in each taxicab and shall be made available for viewing by any passenger or law enforcement official prior to, during and after any transportation of passengers. "Taximeter" means any type of taximeter, device or technology approved by the Division of Measurement Standards to calculate fares, including the use of Global Positioning System metering, provided that the device or technology complies with Section 12500.5 of the Business and Professions Code and with all regulations established pursuant to Section 12107 of the Business and Professions Code. "Taximeter certificate" means the certificate issued by the county weights and measures department showing that the taximeter for that taxicab has been calibrated. A copy of the taximeter certificate, to its specifically assigned taxicab, shall be maintained in each taxicab and be made available to any passenger or law enforcement official for inspection prior to, during and after any transportation of passengers. 5.20.015 Permit requirements. A. No owner of a taxicab business that is substantially located in the city shall operate or permit the operation of a taxicab as a vehicle for hire on the streets of the city without having obtained from the city a taxicab permit pursuant to the provisions of this chapter. B. A taxicab company substantially located and permitted by another city within the County of San Diego or by the County of San Diego may operate in the city on a prearranged basis only. That taxicab company may pick up trips originating through online enabled application, phone dispatch, or Internet website. C. It shall be unlawful to operate a taxicab without a valid permit to operate issued by each city or county in which a taxicab company is substantially located. The minimum fine for operating without a permit from the city or county in which a taxicab company is substantially located shall be five hundred dollars ($500). 5.20.020 Business license. No taxicab owner or operator substantially located in the City of Carlsbad shall engage in the business of providing taxicab services that originate in the City of Carlsbad without having obtained a City of Carlsbad business license and shall comply with all the provisions of this chapter and of such business license. November 27, 2018 Item #9 Page 4 of 12 5.20.030 Application information and fee. Any person wanting to obtain a business license required by this chapter to operate taxicab services originating in the City of Carlsbad shall pay a fee as established by resolution of the city council to the city finance department. The application shall include, at a minimum, the following: A. Owners: 1. The name and address of applicant, and if the same be a corporation, the names of its principal officers; if the same be a partnership, association or fictitious company, the names of the partners or persons comprising the association or company, with the address of each; 2. The trade name of the taxicab operator or company; 3. Taxicab operator's certificate of liability insurance for the taxicab. 4. Data verifying that the taxicab company is substantially located within the City of Carlsbad; said data shall include the addresses and the trip data showing that the total number of prearranged and non-prearranged trips that originated within the City of Carlsbad account for the largest share of the taxicab company's total number of trips over the previous calendar year. B. For taxicab vehicle(s): 1. A photo copy of a valid California registration card for every taxicab vehicle owned or leased by applicant taxicab operator for which a city decal will be issued. 2. A photo copy of each taximeter certificate, including the serial number that was issued by the county for each taxicab for which a city decal will be issued. 3. A photo copy of each taxicab vehicle inspection form issued by the county for each taxicab for which a city decal will be issued. 4. The distinctive color scheme, name, monogram or insignia which shall be used on such taxicab vehicle. 5. Copy of a certificate of insurance pursuant to Section 5.20.080. 5.20.040 Investigation and issuance of a City of Carlsbad business license and City of Carlsbad decal. Taxicab operators names are submitted to the Carlsbad Police Department for approval. The chief of police or designee shall inspect all applications and forms required by the chapter to ensure they are valid copies issued by the County of San Diego prior to applicant(s) operating any taxicab service/business in the City of Carlsbad. After the police department has reviewed all documents in their entirety, and checked with the County of San Diego that the taxicab operator(s) and taxicab(s) are in good standing with the County of San Diego, the police department shall notify the city's finance department that taxicab operator(s) is authorized to conduct business as a licensed Carlsbad taxicab operator. Upon the receipt of appropriate approvals and certifications, the finance department shall issue the taxicab operator a business license and a decal for each taxicab. 5.20.050 Grounds for denying a taxicab operator a City of Carlsbad business license and/or taxicab permit. If a taxicab operator applicant was unable to pass the background check conducted by the County of San Diego Sheriff's Department, was under a current investigation by the County of San Diego Sheriff's Department or any other law enforcement agency or was unable to obtain or have issued a county taxicab license or had a county taxicab license revoked or suspended for any reason listed in the San November 27, 2018 Item #9 Page 5 of 12 Diego County Code of Regulatory Ordinances the taxicab operator applicant will not be issued a City of Carlsbad business license or taxicab permit for operating a taxicab business in the City of Carlsbad. The chief of police or designee shall notify the taxicab operator applicant within 30 days after the applicant filed a complete application that the City of Carlsbad business license for taxicab operator has been denied. 5.20.060 City of Carlsbad business license for taxicab operator-Expiration and renewal. A City of Carlsbad business license for taxicab operator and taxicab permit issued pursuant to this chapter shall expire one year from the date it they are issued unless said license and/or permit, by their terms, provides for a different expiration date. A City of Carlsbad business license for taxicab operator and taxicab permit may be renewed by filing a renewal application not more than 60 days and not less than 40 days prior to the expiration date with the City of Carlsbad. The application for renewal shall contain the same information required in section 5.20.030. The finance department shall forward the complete renewal application to the police department for review and compliance with Section 5.20.040. The chief of police and/or finance department may deny renewal on the following grounds: A. Any of the grounds for denying a new City of Carlsbad business license for taxicab operator; or B. The taxicab operator committed an illegal act, or allowed any of its taxicab drivers, agents or employees to commit an illegal act, while engaging in the activity for which the business license was issued or used or allowed any taxicab driver, agent or employee to use the business license contrary to its terms; or C. The County of San Diego did not renew or will not renew the applicant's county issued taxicab operator license. 5.20.070 Notice of suspension, revocation, or denial and appeal rights and procedures. A. If the County of San Diego suspends, revokes, or denies a new or renewal taxicab operator license the taxicab operator licensee must contest that suspension, revocation, or denial with the County of San Diego. B. If the City of Carlsbad suspends, revokes or denies a new or renewal taxicab operator's business license, taxicab permit and/or taxicab driver's permit then the taxicab operator applicant shall utilize the following appeal process: 1. The taxicab operator applicant must request an appeal hearing before the city manager. This request must be made in writing and it must be physically received at the Carlsbad Police Department no later than 21 days following the date of the notice of suspension, revocation or denial of either a new or renewal taxicab operator application for City of Carlsbad business license, taxicab permit and/or taxicab driver's permit. For purposes of complying with the 21- day request for hearing, the Carlsbad Police Department "received" stamp shall be determinative for purpose of timely compliance. Failure to file a timely written request for a hearing shall be deemed a waiver of the applicant's right to appeal the suspension, revocation, or denial of a City of Carlsbad business license for taxicab operator. 2. The city manager or designee will schedule a hearing within 30 days of receipt of the written request for hearing, unless the 30-day time period is waived in writing by the parties. At the hearing, the taxicab operator applicant shall present relevant evidence for consideration by the city manager or designee as to why the business license, taxicab permit and/or taxicab driver's permit should be issued or renewed. The city manager or designee shall issue a written decision to the applicant within 10 business days following the date of the hearing, unless the 10 business day time period is waived in writing by the parties. 3. The decision of the city manager shall be final. November 27, 2018 Item #9 Page 6 of 12 4. Upon a written decision of the city manager which suspends or revokes a taxicab license or taxicab permit, the holder of the taxicab license or taxicab permit shall surrender the license and/or permit to the chief of police immediately after service of the notice of the decision. 5.20.075 Emergency suspension. A The chief of police may issue an order suspending a taxicab license or a taxicab driver's permit for a period not exceeding ten (10) days without having conducted a hearing therefor, if the chief of police determines that the continued use of the license or permit will cause immediate hazard to the public safety, health or welfare. B. Within ten(10) days of the effective date of the order, the chief of police shall hold a hearing for the owner or driver to show cause why the license or permit should not be suspended or revoked. C. The order issued by the chief of police under subsection A of this section shall also contain a notice of the hearing setting forth the date, time and place of the hearing. 5.20.080 Insurance requirements. A It shall be unlawful for any taxicab operator to operate a taxicab within the City of Carlsbad unless the person has in effect insurance coverage issued by a company authorized to transact insurance business in the State of California with coverage amounts that meet the requirements of coverage for each taxicab in an amount not less than one million dollars per occurrence, combined single limit for bodily injury and property damage. B. The certificate of insurance shall provide that the insurer will notify the Carlsbad Chief of Police, in writing, of any policy cancellation and the notice shall be sent to the Carlsbad Chief of Police by registered mail at least 30 days prior to cancellation of the policy. The certificate shall also state: 1. The full name of the insurer; 2. The name and address of the insured; 3. The insurance policy number; 4. The type and limits of coverage; 5. The specific vehicle(s) insured; 6. The effective dates of the certificate; and 7. The certificate issue date. 5.20.090 Suspension or revocation of a City of Carlsbad business license for taxicab operator. In addition to the basis for denial set forth in Section 5.20.050, a City of Carlsbad business license and/or taxicab permit granted under the provisions of this chapter may be suspended or revoked by the chief of police, either as a whole or in part to any taxicab operator or taxicab, described herein. The City of Carlsbad business license and/or taxicab permit may be suspended or revoked for any of the following reasons: A Charging or demanding a passenger pay a fare exceeding the posted rate. B Driving or controlling the movements of a taxicab without a valid taxicab driver identification card in the taxicab. C. Allowing a person to drive or control the movements of a taxicab without a valid taxicab driver identification card. D. Operating or allowing another person to operate a taxicab without the insurance coverage required by this chapter. E. Operating or allowing another person to operate a taxicab that has not been issued a valid taxicab operator license by the county. November 27, 2018 Item #9 Page 7 of 12 F. Operating a taxicab without a current taximeter certificate or without the taximeter certificate in the vehicle. G. Violating any other provision of federal, state or local law; minor traffic infractions excluded. H. Failure of the owner to pay when due any applicable taxes imposed by the city. I. Any activity that impairs the safety of passengers. J. Any act or omission of the applicant of any fact or condition which, if it existed at the time the application for a license and/or permit w9s filed, would have warranted the denial of the application. 5.02.095 Suspension or revocation of taxicab drivers permit. The chief of police, or the city manager on appeal, shall have the power to suspend or revoke a taxicab driver's permit issued under this chapter, on any of the following grounds stated in this chapter or on any of the following grounds: A. Suspension, revocation or expiration of the driver's privilege granted by the Department of Motor Vehicles of the State of California to operate a motor vehicle on the public highways of the State of California. B. The violation by the driver of any of the terms, conditions or requirements of the taxicab driver's permit or of this chapter. C. Any act or omission of the driver or any fact or condition which, if it existed at the time the application for a taxicab driver's permit was filed, would have warranted the denial of the application. D. Failure of the driver to pay any judgment against the driver for personal injury or death, or property damage arising out of the driver's operation of a public transportation vehicle, within thirty (30) days after the judgment has become final. E. The driver consumed drugs or alcohol or is under the influence of drugs or alcohol while on duty or is convicted of a crime relating to drugs or alcohol. F. Failure of the driver to pay when due any applicable taxes imposed by the city. 5.20.100 Permission to make changes in the mode of operation. Taxicab operator shall notify the police chief and city finance department within 10 calendar days of all changes to its taxicab operator's license. The city may suspend or revoke the business license of any taxicab operator who fails to notify the police chief and finance department of any changes to the taxicab operator's license. 5.20.11 0 Taxicab stands. The City of Carlsbad does not maintain any taxicab stands within the city. All taxis are required to be legally parked at all times, including while loading and unloading passengers. 5.20.120 Taxicab fares. A. The rate schedule must be submitted to the City of Carlsbad at the time of application for a City of Carlsbad business license for taxicab operator and must be accompanied along with the taximeter verification from county weights and measures, if applicable. B. The taxicab operator shall prominently post the rate schedule on the interior of both rear doors of all taxicabs in letters at least one inch high. The rates shall be displayed in dollars and cents and shall also display the "flag drop rate," "travel charge rate," and "time charge rate." The figures that display the fare shall be easily readable by persons in the passenger compartment of the taxicab. 1. It is unlawful for a passenger who has hired a taxicab to refuse to pay the fare. November 27, 2018 Item #9 Page 8 of 12 2. It is unlawful for the taxicab operator or the taxicab driver to request the passenger pay a fare in excess of the posted rate or the amount due on the taximeter. 3. Every taxicab operator and taxicab driver and all agent(s) and employee(s) of a taxicab operator or taxicab driver shall accurately state the "posted rate" in effect in response to any inquiry. 5.20.130 Rules and regulations of operation. All applicable federal, state, local county and city laws and regulations shall be observed by all persons operating as a taxicab operator or taxicab driver at all times. · A. A taxicab driver employed to transport passengers to a definite point shall take the most direct route possible that will carry the passenger to his or her destination safely and expeditiously. B. A taxicab driver shall provide a receipt to any passenger who requests one after the passenger pays the fare. The receipt shall indicate the beginning and ending points of the trip, the fare charged, the date, the taxicab operator or taxicab driver's name, and the vehicle number, and shall be signed by the taxicab driver. C. No person shall solicit passengers for taxicabs other than the taxicab driver. The taxicab driver, however, may not leave the taxicab to solicit passengers. D. No taxicab driver shall transport more persons, including the taxicab driver, than the manufacturer's rated seating capacity for the taxicab vehicle they are operating. A taxicab driver shall also not transport luggage or other items exceeding the vehicle's storage volume or load- carrying capacity. E. A taxicab must be legally parked and the taxicab driver must remain within 12 feet of his or her taxicab unless the taxicab driver is assisting passengers with loading and/or unloading of persons or luggage. F. No taxicab driver shall knowingly pick up a person who has summoned a taxicab from a competitive taxicab company without informing the person that he or she does not represent the taxicab company the person summoned. G. No taxicab driver, who has been hired by a passenger, shall pick up any additional passenger without the consent of the original passenger. H. A taxicab driver shall not operate a taxicab unless he or she has affixed his or her taxicab driver identification card in a prominent location inside the taxicab, visible to passengers in the passenger compartment. A taxicab driver while working shall display the name and photo identification badge issued to him or her by the County of San Diego Sheriff's Department. The taxicab driver shall prominently display the badge on the outside front of the driver's clothing, between the waist and shoulders. I. It shall be unlawful for a taxicab driver to refuse a prospective or actual fare or to take any action to actively discourage a prospective or actual fare on the basis of race, creed, color, age, sex, national origin or disability. A taxicab driver may, however, refuse a prospective or actual fare if it is readily apparent to the driver that a person presents a hazard to the taxicab driver. A taxicab driver is also not obligated to transport any person who is verbally or in any other way abusive to the taxicab driver. J. It is unlawful for a taxicab driver to refuse or discourage a prospective fare based upon the length of the trip if the trip is within the area normally serviced by the taxicab operator who employs, the taxicab driver. K. A taxicab driver shall assist a passenger with loading or unloading a reasonable size, number, and type of passenger luggage or other items, when requested by a passenger. A taxicab driver, however, is not required to lift any single item that exceeds 25 pounds. The requirement to assist with loading or unloading shall be limited to retrieving or depositing items onto the nearest curbside adjacent to a legally parked taxicab. A sign in the form of a transparent decal may be affixed to the November 27, 2018 Item #9 Page 9 of 12 rear-door, side window stating that, "DRIVER IS NOT REQUIRED TO LOAD LUGGAGE IN EXCESS OF 25 POUNDS PER ITEM OR OF A SIZE OR KIND THAT WILL NOT SAFELY FIT IN THE DESIGNATED LUGGAGE AREA OF THIS VEHICLE." A taxicab driver with a lawful disability that prevents him or her from handling items may submit proof of disability to the County of San Diego issuing officer requesting relief from the requirement to assist passengers with luggage. If approved by the County of San Diego issuing officer, the taxicab driver may affix a small sign either in the passenger section of the vehicle to be visible to a rear seat passenger or on the inside of the trunk cover lid stating that, "DRIVER HAS DISABILITY THAT PREVENTS HANDLING OF LUGGAGE." L. A taxicab driver may seek passengers by driving on a public street, but may not travel at a speed or in a manner that interferes with or impedes traffic. M. A taxicab driver shall display an "out of service" sign when the taxicab is not available for hire. The sign must be located inside the vehicle to be visible and readable from outside the vehicle at a distance of at least 10 feet away. N. A taxicab driver shall maintain a daily trip log which shall be available for inspection upon request by any peace officer. The trip log shall show the taxicab driver's name, taxicab number, date, time, origin and destination of each trip, and fare charged. The logs shall have ruled lines and columns sufficient to include all required information and the entries shall be in black or dark blue ink. The taxicab driver shall submit his or her trip logs to the taxicab operator at least once a week. 0. It is unlawful for any taxicab driver while transporting passengers to display the flag or device attached to the taximeter in a position indicating the vehicle is available for hire. It is unlawful for the taxicab driver to prevent the taximeter from operating while the driver is transporting passengers. It is unlawful for a taxicab driver to cause the taximeter to record when the taxicab is not employed or to allow the taximeter to continue to record after reaching the passenger's final destination. P. It is unlawful for any taxicab operator or taxicab driver to refuse a prospective or actual fare, take any action to actively discourage a prospective or actual fare or refuse to dispatch a taxicab driver. 5.20.140 Condition of taxicabs. A. All taxicab companies shall maintain motor vehicles used in taxi transportation services in a safe operating condition, and in compliance with the Vehicle Code, subject to annual inspection at a facility that is certified by the National Institute for Automotive Service Excellence or a facility registered with the Bureau of Automotive Repair. The inspection shall be completed prior to the renewal of the taxicab permit. If the taxicab successfully completes the safety inspection, a taxicab safety permit sticker shall be issued and shall be displayed in the taxicab rear window. B. Taxicabs that are owner-operated vehicles will receive a taxicab safety permit sticker only if the registered owner holds a valid taxi driver permit. C. The registered owner of a taxicab, who is aware of or should have been aware of any unsafe condition of the taxicab, shall not allow the taxicab to be used until necessary repairs are made. D. Any taxicabs may be put out of service by any law enforcement officer until any unsafe condition has been corrected. 5.20.150 Taxicab driver licensing requirements. A. No person who wishes to operate a taxicab and is substantially located in Carlsbad shall operate any taxicab in the City of Carlsbad unless the person has a valid driver's permit to do so as hereinafter provided. B. A taxicab driver substantially located in and permitted by another city within the County of San Diego or the County of San Diego may operate in the City of Carlsbad. That driver may pick up trips originating through online enabled application, phone dispatch, or Internet website. November 27, 2018 Item #9 Page 10 of 12 C. Application for a taxicab driver's permit shall be made in writing to the city setting forth the following minimum information: 1. The applicant's name, age address and past experience with regard to taxicab service; 2. The names, and addresses of the applicant's employers during the preceding three years; 3. The name of the taxicab operator the applicant has received an offer of employment from. 4. Such additional information as the chief of police may require. D. A driver's permit issued by the City of Carlsbad shall immediately cease to be valid upon a driver's termination from the employer applicant listed on his/her application for the driver's permit; permittee shall immediately surrender the permit to the chief of police. 5.20.160 Taxicab numbers and information posted inside of a taxicab. A. Every taxicab operator holding a City of Carlsbad business license shall designate each of its taxicabs by number, and no two taxicabs shall be designated by the same number. The name or trade name of the taxicab company and the number by which the taxicab is designated shall be painted or stickers affixed conspicuously on the outside of each taxicab and on the inside the passenger compartment. B. In addition, every taxicab shall have a sign of durable material, not smaller than six inches by four inches, securely attached and clearly displayed in view of the passenger at all times. The sign shall provide in letters as large as the size of the sign will reasonably allow and contain the following information: 1. The name, address, and telephone number of the City of Carlsbad Police Department; 2. The name, address, and telephone number of the taxicab operator's company licensed under this chapter. 5.20.170 Transferability of a business license. No City of Carlsbad business license issued under the terms of this chapter shall be transferable either by contract or operation of law. 5.20.180 Violations. A. Every person who violates any of the provisions of this chapter shall be guilty of an infraction or misdemeanor punishable as provided in Section 1.08.01 O(B). B. Any taxicab operator, or taxicab driver whether an employee or independent contractor of a taxicab operator violating, permitting, or assisting the violation of any provisions of this chapter shall be subject to any and all civil remedies, including without limitation to business license suspension and revocation. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued. C. In addition to the remedies set forth in subsection B of this section, any taxicab operator that is operating in violation of this chapter is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation in the City of Carlsbad. November 27, 2018 Item #9 Page 11 of 12 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 13th day of November, 2018, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of November, 2018, by the following vote, to wit: AYES: NOES: ABSENT: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. None. None. APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney (SEAL) November 27, 2018 Item #9 Page 12 of 12