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97-870LL Presented By Council File # 1\" o! � Ordinance # Green Sheet # � 51 `l, � MINNESOTA An ordinance amending Chapter 376 of the Saint Paul Legislative Code to allow transfer of stock by corporate licensees with the consent of the City Council, and raising the cap on licenses to allow four additional. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 Chapter 376 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 376.01. License required. No person shall use, operate or keep for pay or hire in Saint Paul any public vehicle without a license. Sec. 376.02. Defmitions. Except where otherwise expressly stated, the following terms, wherever used in this chapter, sha11 have the meanings respectively ascribed to them in this section. Auto-car. An "auto-caz" is hereby defined to be a self-propelled motor vehicle with a capacity for carrying seven (7) passengers for hire and which operates from a gazage or livery and which is kept at all times in such garage or livery, except when answering a call, and is hired from such garage or livery only. Driver. The term "driver" sha11 mean the individual in immediate control of the movement of the public vehicle. Owner. The word "owner" shall mean any person, firm, copartnership, corporation or associarion that has the bona fide legal title and the right of control, d'uection, operation and maintenance of such licensed taxicab so operated for hire on the streets of the City of Saint Paul. Passenger service vehicle. The term "passenger service vehicle" shall mean and �� J g � � include any motor vehicle carrying passengers for hire or for a fee, but shall not include any vehicle used in providing limousine service as defined in Minuesota Statutes, Section 221.84. Person(s) with disabilities. The term "person(s) with disabilities" shall mean any person for whom, by reason of age, or disability as defined in Miunesota Statutes, Section 363.01, subdivision 13, their access to and use of taxicabs would be facilitated by being able to ride in the front passenger seat of the taxicab. Public vehicles. The term "public vehicles" shall mean and include taxicabs and passenger service vehicles. Taxicab. The term "ta�cicab" shall mean and include any motor-driven vehicle for the transportation for hire of passengers, which is equipped with a taximeter and a distinctive color scheme as hereinafter defined. Taximeter. The term "taximeter" shall mean and include any mechanical instrument or device, approved by the inspector, by which the chazge for hire of a taxicab is mechanically calculated, and on which such chazge is plainly indicated. Sec. 376.03. Cabs from other cities. Any public vehicle licensed to operate in another city of this state may carry passengers from said city where so licensed to any place or point within the City of Saint Paul, and may freely enter and travel upon the streets and thoroughfazes for that purpose; and in such case it sha11 not be deemed necessary for the owner of such vehicle to pay the license fee herein provided for, but neither the owner nor operator of such vehicle shall be permitted to solicit business in the City of Saint Paul or to otherwise operate within said city without being licensed under the provisions of this chapter. Sec. 376.04. Fees; term. The fee for a passenger service vehicle license and taxicab license shall be established by ordinance as specified in section 310.09(b) of the Legislafive Code. A license, unless revoked, is for a period of twelve (12) months. Sec. 376.05. Public convenience and necessity. (a) Number of licenses. The authorized number of taacicab licenses shall be one hundred atid twenty;f�?� (128?�). (b) Additional license. No additional public vehicle licenses shall hereafter be issued unless the city council, after a public hearing, shall by resolution declaze that public convenience and necessity require that additional public vehicle licenses be issued. (c) Basis for determination. In determining whether public convenience and necessity require the licensing of additional public velricles for which application may be made, the city council shall take into consideration whether the demands of public convenience and necessity require additional public vehicles within the City of Saint Paul; the increased traffic congestion and demand for increased pazking space upon the streets of the city which may result; whether the safe use of the streets by the public, both vehiculaz and pedestrian, will be preserved by the granting of such additional licenses; and such other relevant facts as the city �� �} council may deem advisable or necessary. �� r (d) Renewals; abandonment: (1) The authorized number of public vehicie licenses may be renewed annually by the license holders so long as all other provisions of this chapter aze fulfilled. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 (2) Failure to apply for renewal days after expiration shall be such renewal. of any public vehicle license within thirty (30) deemed an abandonment of the licensee's right to (3) It shall be the duty of the license inspector to make an annual report to the city council during the month of May each calendar yeaz. Said report shall contain the license inspector's recommendations regazding public convenience and necessity for additional licenses and whether there aze any abandoned licenses that aze available for issuance to qualified applicants. (e) Six-month Zicense. The city council may by resolution deternune that the public convenience and necessity require a greater number of licensed tasicabs during the winter months commencing October 15 and ending April 15 of the following year and upon such a finding issue additional public vehicle licenses for the aforesaid six-month period. Any taxicab license issued for the six-month period shall expire on April 15 and may be renewed on the following October 15 without an additional finding of necessity if all other requirements of this chapter aze fulfilled. Sec. 376.06. Insurance and bond requirements. (a) No such license shall be issued for the operation of any public vehicle on any public street or highway in said city until the applicant shall obtain a policy of liability insurance in an insurance company authorized to do business under the laws of the State of Minnesota, or a personal bond with at least two (2) sureties, or a surety company bond. The liability or indemnity insurance or bond for each auto-caz or taxicab carrying passengers, as in this chapter specified, shall be in the sum of at least one hundred thousand dollars ($100,000.00) because of bodily injury to or death of one (1) person in any one (1) accident, and subject to said limit for one (1) person, to a limit of not less than three hundred thousand dollars ($300,000.00) because of bodily injury to or death of two (2) or more persons in any one (1) accident, and in the sum of at least one hundred thousand dollars ($100,000.00) against loss for damage to the properry of any person or persons in any one (1) accident, resulting from the negligent operaUon, use or defective condition of any auto-caz or taxicab; such policy or bond to be in such form as to provide for the payment of any judgment obtained against the insured therein to the e�ent of the liability therein provided by any person injured by reason of any act of the owner, driver, chauffeur, manager or other persons in the operation of such vehicle, and for the payment of any judgxnent obtained against the insured therein by the injured person or the representative of any person killed by such act. 5uch policy or bond shall haue a condition that it cannot be cancelled after a loss has occurred under the policy which will affect the company's responsibility therefor under this chapter; and in case of any cancellation, the license shall automatically become inoperative and void, unless another policy or bond is forthwith issued, approved and filed in lieu of such cancelled policy or bond. 2 � 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 a (b) The inspector may require the licensee to replace said policy or bond if said �� � inspector sha11 deem said policy or bond unsatisfactory or insufficient for any reason; and the default or refusal of the licensee to comply with any such order of the inspector shall be ground for the revocafion of the license of said licensee. Said policy or bond shall be filed with the inspector. (c) Every such policy of ivsurance, or surety bond, shall contain a provision for a continuing liability thereunder to the full amount thereof, notwithstanding any recovery theteon. (d) Any policy or bond herein required shall contain a clause that the liability of the insurer or surety shall not be affected by the insolvency or banl�uptcy of the assured; a clause that any surety bond shall run to the City of Saint Paul for the benefit of any and all judgment creditars; a clause obligating the insurer or surety to give thirty (30) days' written notice to the inspector and to the insured or assured of any cancellation thereof eazlier than its e�iration date. (e) No such bond or policy shall include or contain any limitation, condition or clause providing in effect that such bond or policy shall not cover public vehicles mentioned or described or included therein when such automobiles are driven, used, operated or maintained while the driver or occupants thereof are intoacicated or engaged in the illicit transportation of liquor; and no such bond or policy shall contain any limitation, clause or provision whatever excepring and releasing any surety or insurer on any such bond or policy from liability thereunder by reason of any such automobile being driven, used or operated while the driver or occupants thereof are intoxicated ar engaged in the illicit transportation of liquar. Provided that nothing herein contained sha11 be construed to affect the defense of contributory negligence by the surety on any such bond or policy. (fl The policy or bond hereinbefore provided for may be originally written or later extended to cover, during its term, any addifional t�icab under the same ownership or control. (g) Any license issued under this chapter shall terminate whenever during the term of said license the owner, lessee, licensee or operator of said taxicab shall fail to keep in full force and effect such insurance or bond in the fu11 amount hereinbefore required. The licensee must remain the owner of the public vehicle during the term of the license, and any change in ownership shall operate as a revocation of the license to operate such public vehicle. Sec. 376.07. Self-insurer. Notwithstanding any other provision of law, the applicant or licensee may elect to qualify as a self-insurer in lieu of the liability or indemnity insurance policy or bond required by secrion 376.06. To so elect, the applicant or licensee sha11 qualify as a self-insurer pursuant to the Mimiesota No-Fault Automobile Insurance Act (Mimiesota Statutes, Section 65B.48), and shall before the issuance or renewal of any license is approved file evidence satisfactory to the inspector that the commissioner of insurance of the State of Mimiesota has approved the licensee's or the applicant's plan of self-insurance under the Mimiesota No-Fault Automobile Insurance Act. Any licensee having in force and effect a plan of self-insurance pursuant to this section shall, befare termination of any such plan, give the inspector written notice, thirty (30) days in advance, of the date of such termivarion. Termivation of an approved plan of self-insurance without having obtained a liability or indemnity insurance . policy or bond pursuant to section 376.06 shall automatically revoke all taxicab licenses held �/� � by the licensee. (,� � — Sec. 376.08. Applicant--Requirements. (a) Each applicant for license to operate for hire a public vehicle must comply with the following conditions to the satisfaction of the inspector: (1) Be the state license registered owner or a lessee, if the motor vehicle is the subject of a lease having an initial term of six (6) months or longer, of the public vehicle. (2) Be of the age of eighteen (18) yeazs, or over, in the case of an individual, and in the case of any copartnership or corporation, must be authorized to operate taxicabs and cany on business in accordance with the laws of the State of Minnesota. (3) Must obtain a license for each and every such vehicle to be operated. (4) Must fill out upon a blank form to be provided by the inspector a statement covering each vehicle to be so licensed, giving full name and address of the owner; the class and passenger-carrying capacity of the vehicle for which a license is desired; the length of time the vehicle has been in use; the make of car; the engine number; the serial number and the state license number; what insurance or bond against personal injury or property damage is carried, and in what amount. If said application is made by an individual owner, said owner shall sign and sweaz to said application; if said application is made by a partnership, then by one (1) of the partners; and if by a corporation, then by one (1) of the duly elected officers of said corporation. (b) Said application shall also include an accurate and detailed description of the color scheme of the public vehicle, if it is to be used as a taxicab, including inscriptions or monograms thereon, proposed to be operated by said applicant, which shall be distinctly different from that of the tasicabs of any other licensed owner or operator, so that the ownership and identity may be readily ascertained by the department of police and patrons of any taaticab, except that one (1) or more applicants who are members of the same association and who aze authorized to use the color scheme of tasicabs, including the inscriptions or monograms thereon, of such associations may be licensed to do so when proper evidence of their right from such association to use such color scheme and inscriptions or monograms shall be filed with their application; and it shall be unlawful for the owner of any such taxicab, ar the operator or driver thereof, licensed under the terms of this chapter to make any change whatever in the color scheme of the taxicabs or the inscriptions or monograms thereon without first obtaiuing the approval of the city council. (c) Applicants for availabie public vehicle licenses sha11 make application with the license inspector at such time as designated. The license inspector sha11 provide notice to the public at least thirty (30) days in advance of the designated deadline. Sec. 376.09. Vehicles--Requirements. No public vehicle shall be licensed until it has been thoroughly and carefixlly exainined and found to comply with the following: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 (1) To be in a thoroughly safe condition for the transportation of passengers, each q�'� vehicle shall be inspected at the city service gazage, at a cost determined by the license inspector to be paid by the applicant. The inspection sha11 include, but not be limited to, inspection of tires, brake system, lights, electrical system, steering, wheel alignment, suspension, e�aust system, engine, transmission, drive train and frame in accordance with standards adopted by the inspector. Any taxicab owner failing to show proof of vehicle passage of the Minnesota Motor Vehicle Inspecfion Program, pursuant to rules established under Minuesota Statutes, Secrion 116.62, in a period of six (6) months prior to the September andlor April inspection date, shall be required to submit the vehicle or vehicles to a similaz emissions test performed at the fue/police equipment garage at a cost to be determined by the license inspector. If such test shows repairs to be required, the owner shall order the repairs made by an authorized dealer or licensed repair gazage and the taxicab returned to the city gazage to pass inspection. For purposes of this subsection, "authorized dealer" shall mean an automobile dealership which deals in that particulaz make of automobile. �2) (3) Every public vehicle shall have a means to raise and lower windows and to open the doors from the inside of the rear passenger area, if so equipped by the manufacturer. Every taacicab shall be equipped with safety belts far all passengers in both front and rear seats. (4) Every taYicab, except those operated solely upon the hour basis, shall be equipped with a taYimeter in good working order, having a light, and sealed, and so placed as to enable the passenger at all times to see the fare registered when operating on the meter basis. No ta�cicab shall be operated except upon the meter or hour basis. (5) There shall be conspicuously displayed in the compartment of the taxicab occupied by the passenger and on the outside right and left reaz doors of the taxicab a printed card or sign showing the rate of fare charged, as hereinafter provided. (6) Each taxicab shall be equipped with a top light on the roof of the cab which shall be lighted when the cab is in service and available to receive passengers. Such light shall be visible from all directions. (7) Each t�icab shall be equipped with a radio or mobile telephone capable of two-way voice communication with the t�icab licensee's or affiliated licensee's base station from all locafions within the city lunits. The radio or mobile phone shall be in operation at all tnnes that the vehicle is available for service or in service far the purpose of dispatching taxicabs and receiving calls from drivers of such taxicabs. Every taxicab licensee shall provide twenty-four- hour taxicab service and twenty-four-hour radio dispatch service within the city. (8) The license inspector shall make, or have made, by competent inspectars, such examination and inspection before a license is issued. A license sha11 be refused to any vehicle found to be unf'it or unsuited for public patronage. Sec. 376.10. License--Issuance. c���Y�b (a) Upon satisfactory fulfillment of the requirements of sections 376.08, 376.09 and the following tbreshoid criteria enumerated below, it shall be the duty of the license inspector to issue licenses to qualified applicants. The threshold criteria shall be: (1) �liation with a capable service company providing radio dispatching, advertising, record keeping and other common services to a group of tazicab owners and operators using a distinctive color scheme and company name. (2) Demonstration of financial abiliry to operate taxicab services. (3) Adequate level of past service, if any. (b) If there aze more license applications than available licenses, the license inspector shall recommend and the city council shall approve those applications that meet or exceed the additional criteria set forth in this section: (1) That the applicant intends to be an owner-operator and/or the proposed lease rates for drivers aze comparatively low; (2) Level and quality of past taxi service has been good or better; (3) Drivers aze experienced and competent; (4) Age and condition of vehicles (the newer the better); and (5) Enhaucement of competition and innovarion in the provision of services to the public. (c) The city council sha11 act on the license inspector's recomtnendations and approve by resolution, up to the number of authorized unissued public vehicle licenses, those applications that meet or exceed the requirements of this section. Once approved, the license inspector shall then issue each public vehicle license, which shall be in such form as customary. Sec. 376.11. Regulations. (a) Trip sheets. Each and every driver of a taxicab or livery caz shall keep a trip sheet upon which shall be noted the starting point and termination of each trip of such vehicle, the amount of the fare charged, whether upon the meter or hour basis, and the driver's name and number, which sheet sha11 be retained by the driver of ihe vehicle if he or she is the owner thereof, and if he or she is not the owner, then the driver shall deliver such sheet to the cab- owner, and in either case, such trip sheets shall be retained for a period of si�cty (60) days; provided, that if such licensee is a member of a group operating as an association under the same name and colors, such trip sheet shall be filed with the cnanager thereof at the office of such association. Such sheets shall be open to the inspection of the chief of police ar his or her representatives at all times and failure to make and keep such trip sheets sha11 constitute a violation of this chapter and, in addition thereto, shall be cause for the revocation of the vehicle license. (b) License tags. There sha11 be delivered to the owner of each and every licensed Q���� public vehicle a metal license tag to be fastened and displayed upon the outside of each and every public vehicle so licensed, so that said license tag may be pla3nly visible at all times. Said license tag shall not exceed sis (6) inches in the longest measurement, and sha11 beaz the license number of the public vehicle and the proper descriprive words, including the year for which the ficense was issued, and such license tag shall be of distinctly different color for any three (3) successive yeazs. In case any licensee shall lose his or her license or metal license tag or tags, he or she shall forthwith and before doing auy further business procure a duplicate license or duplicate license tag or tags, as the case may be, from the inspector, and shall pay for such duplicate license or metal license tag to said inspector the sum of five dollazs ($5.00) for each and every duplicate license or metal license tag so procured. Every taxicab licensee who shall solicit or accept business on the streets of the City of Saint Paul, or stand and wait for hire on any public street or place in the city, shall have the taxicab license number of said velucle plainly painted in letters at least two (2) inches in height, with at least one-quarter inch stroke, and proper and distinct colors on both sides of such taxicab and on the reaz and approximately at the center thereof, and no other such number shall appear on the sides or rear of such tasicabs which may lead to confusion in quickly identifying such taxicab. (c) Transfer. No public vehicle shall be sold, leased or transferred except as herein provided nor shall any licensed vehicle be operated by any other person than the licensee or his or her duly licensed driver. (d) Scheduled rates only. No licensee, driver, employee or member of any such association shall charge any rate for the carrying of passengers in any licensed taxicab in excess of that set forth in section 376.15, and any deviation from such schedule by the licensee or any employee or member of such associafion shall consritute a violation of this chapter. (e) Meters. No taxicab hired upon a meter basis shall be operated when a taxiineter is broken and out of order, or for any other reason does not conectly register the fare to be chazged. All taYimeters with which such ta�cicabs are equipped shall be inspected by the inspector or his or her representatives before being placed in use under this chapter and shall be subject to his or her approval, and when so inspected, such taximeters shall be sealed and a card or certificate showing inspection and sealing shall be filed with the inspector at the 6me of the installation thereof. In the event any taxuneter becomes broken or has to be repaired or does not register correctly, the same sha11 be again inspected and again sealed, and a certificate or cazd of such inspection and sealing shall be filed wiYh the inspector. ( fl Computation of charges. When the chazge is to be paid for on the meter basis, the charge shall begin at the place where the passenger is received and sha11 continue until he or she is delivered at his or her destination. When the charge is to be paid for on the hour basis, the time shall begin when the automobile is ready at the time and place requested by the passenger and sha11 continue until the tasicab has been released by the passenger; provided, that when any person shall engage or hire a taxicab equipped with a taYimeter, unless otherwise agreed at the Ume of hiring, the faze for such taxicab shall be determined and fixed by the taximeter according to rates provided for in this chapter; and provided further, that no driver of any taxicab shall chazge more for the use of said taxicab than is shown to be due by said taximeter thereon. `� 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 a�-��o (g) Deceptive practices. No person owning or driving any public vehicle shall deceive any passenger who may ride in any such vehicle as to his or her destination or the price authorized to be chazged for such person, or shall convey such passenger or cause him or her to be conveyed to a place other than that directed by him or her. (h) Refusal of service; more than one (1) fare. No driver of a public vehicle shall refuse or neglect to convey any orderly person or persons upon request anywhere in the city, unless previously engaged or unable to do so, provided such person or persons agrees or agree to pay the legal rate of fare. No driver of a licensed public vehicle shall cazry any other person than the person first employing the public vehicle without the consent of said passenger. (i) Receipts. The owner, driver, chauffeur or person in chazge or control of a public vehicle shall deliver to the person paying for the hire of the sazne at the time of such payxnent a receipt therefor, if requested by the person inaking such payment, upon a blank form which is to be prescribed and approved by the license inspector. This receipt shall contain in legible type or wrifing the name of the owner, the number of the meter, in case of an automatic receipt, or the taxicab license number, in the case of a written receipt, the total amount paid and the date of payment. (j) Solicitation of passengers--Regulations for. No person shall solicit passengers for a taxicab upon the streets and highways of the City of Saint Paul, except the driver of a taxicab when sitting upon the driver's seat of his or her vehicle, or a starter for a hotel in a hotel entrance, but the fact that such vehicle displays a device to indicate that it is not engaged shall not be considered as soliciring patronage. The driver of any t�icab sha11 remain on the driver's seat or inside his or her vehicle at a11 times when such vehicle is standing upon the ta�cab stands or when actually engaged in carrying passengers; provided, that nothing in tkris section shall be held to prohibit such driver from alighting to the street or sidewalk for the purpose of assisting passengers into or out of such vehicle. (k) Loitering. It shall be unlawful for any person other than the driver or owner of a taxicab standing upon the public streets to loiter at, within or near any taxicab. (1) False representations. It shall be unlawful for any driver of any public vehicle for the conveyance or transportation of persons to misrepresent in any manner whatsoever the character of the business engaged in, or being solicited for, or to impersonate or attempt to impersonate any other driver of any tasicab for the conveyance or transportation of persons, or any other person, or to convey or transport persons to any place or destinafion otYer than the place or destination engaged for. No person having chazge of soliciting patronage for any taxicab sha11, for the purpose of securing patronage, make any false representations conceming the ownership or employment of such tasicab. (m) Manner of solicitation. It shall be unlawful for any driver to solicit patronage in loud, noisy or boisterous tone of voice, or manner, or to lay hands upon the person or baggage of any person without the consent of such person, or to obshuct the movement of any person or to follow any person for the purpose of soliciting patronage. (n) Interference with other drfvers. It shall be unlawful for any driver of any public vehicle to scuffle or crowd about or to interfere with any other driver with whom any person is negotiating or inquiring about the transportation of persons ar baggage. 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 (o) Use of cab for improper purposes. It shall be unlawful for the driver of any public� �_ � vehicle to permit any person to occupy or use such vehicle for the purpose of prostihxrion, d lewdness or assignation, or to direct, take or transport, or offer or agree to direct, take or transport, any other person with knowledge or reasonable cause to know that the purpose of such directing, taking or transporting is prosritution, lewdness or assignation. Any violafion of this pazagraph by the driver of any public vehicle shall be sufficient ground for the revocation of any license issued for the operarion of such vehicle. (p) Lost articles. Whenever any package or article of baggage or goods of any kind shall be left in or on any taxicab, or when any such package or article shall be left in the custody of the driver of any vehicle, such driver shall, upon the discovery of such package or article, forthwith deliver the same at the central police staflon of said city into the hands of the officer in charge of said station, unless such package or article shall be sooner delivered to the owner thereof on order of said owner. (c� Crowding prohibited. No driver or owner of any public vehicle licensed under the provisions of this chapter shall permit or a11ow more persons to ride in such vehicle than is provided for by its normal seating capacity, nor sha11 any driver or owner permit or allow any person to ride in the front seat of any such vehicle beside the driver while engaged in the business of canying persons for hire at any tnne when there is unoccupied and available any seat in the rear of such vehicle, except persons with disabilities as defined in section 376.02 of this chapter. In no event shall more than one (1) person, in addition to the driver, be pernutted in the front seat of such vetucle. (r) Empdoyment of drivers. No person possessing one (1) or more pubiic vehicle licenses under this chapter sha11 employ or contract with any other person for the driving or operation of any such public vehicle without first making diligent inquiry into the character and background of such other person. Without being limited by reason of the specificity herein, such inquiry shall include past employment, any relevant medical history, criminal convictions, addiction to or abuse of alcohol or any controlled substance, and any other matter relevant to the protection of the public health, safety and welfare, such that the public will not be unreasonably exposed to any danger in their use of public vehicles. In addition, effective January 1, 1991, and thereafter, no person possessing one (1) or more public vehicle licenses under this chapter shall employ or contract with any other person who does not possess a11 legally required licenses. (s) Tazi stands. The director of the department of public works shall, from time to time, designate certain portions, other than sidewalks, of public highways in said city to be used and known as public taxicab stands. Such stands shall be equally free and open to access to a11 vehicles whose owners are licensed under the provisions of tlus chapter. All such stands shall be plainly marked as public taxicab stands. No motor vehicle other than a taYicab licensed for use of such stand shall make use of any such public t�icab stand. (t) Safe and legal operation. Every taxicab driver shall operate his ar her taxi in accordance with the laws of the state and the city, and with due regazd for the safety, convenience and comfort of passengers and the general public. (u} Driver nppearance. Evezy taxicab driver, while on duty, sha11 keep a clean and well-groomed appearance. (v) Number to ca11. The license inspector shall provide a card to be conspicuously �70 placed in every licensed taxicab that shall be plainly visible to passengers that idenfifies the �� number of the Mayor and Council Information and Complaint Office and solicits the opinions of the public in regazd to taxi service in the City of Saint Paul. Sec. 376.12. Taxicabs--Regulations. (a) Taxicab defzned. The term "taxicab," whenever and wherever used in this section, sha11 be held to mean and embrace all motor vehicles as defined by the laws of the State of Minnesota, the rental for which is computed from the distance traveled by means of a ta�meter attached thereto; the term "taximeter" shall be held to mean and embrace any instrument or device attached to a motor vehicle designed or intended to mechanically measure the distance traveled, to record the time said vehicle is waiting, and upon wluch said tasimeter there shall be a record indicating, by means of figures or designs, the amount of the fare. (b) Tcttimeters required. All taxicabs shall have affixed thereto a taYimeter, and no person, firm or corporation owning or operating any taYicab shall offer or let the same for hire or rewazd, anywhere within the City of Saint Paul, unless the tasimeter does properly and correctly register, indicate or display the amount of the faze according to the distance traveled and the time consumed. (c) Regfster of taximeter visible to passenger. Every taximeter shall be connected and affixed to the taxicab so that the amount of faze determined and charged for its use shall be plainly visible to all passengers or occupants of the taxicab and from one (1) hour after sunset to one (1) hour before sunrise shall have the face of said taximeter ilhunined so as to make plainly visible the amount of the fare determined and charged for its use, and there shall be posted in a conspicuous place in the inside of the tasicab and on the outside right and left reaz doors of the taxicab a card on which shall be printed in plain, legible type, the rates of fare provided far herein and reference to the ordinance by number. (d) Taximeter. It shall be the duty of the operator or driver of every taxicab, at the terminaUOn of his or her service or trip, to throw the flag of said taximeter to a nonrecording position on the taYimeter and call the passenger's attenfion to the amount of the fare registered. The taximeter shall not be changed so as to destroy the amount of the fare registered until after the fare is paid or a charge ticket therefor made out and delivered to the person hiring such taYicab. No driver or operator of any t�icab sha11 permit any person to ride thereon or therein, without the consent of the owner thereof, when the flag is up or toward a vertical position where the fare is not being recorded on the t�imeter, and no person shall tamper with, break or mutilate any taximeter or its attachments with the intention of causing the same to register improperly, incorrectly or inaccurately. Wait3ng time sha11 include the time during which the taxicab is not in motion, begim�ing with its arrival at the place to which it has been called, or the tune consumed while standing at the direction of the passenger, but no charge shall be made for the time lost due to the inefficiency of the taxicab or its operator or for the titne consumed by premature arrival in response to a call. (e) Rules to determine time. When the chazge is to be paid on the meter basis, the charge shall begin at the place where the passenger is received and sha11 continue until he or she is delivered at his or her destination, excepting as hereinbefore oz hereinafter provided. b,�� When the chazge is to be paid for on the hour basis, the time shall begin when the motor �.� y vehicle is ready at the time and place from which it has been called by the passenger and shall continue until the passenger has been dischazged and until the caz shall have had time thereafter to retum to the place from which it has been called by the most direct route, and at the ma�mum speed permitted by law; provided, that when any person shall engage or hire a taxicab, unless otherwise agreed at the time of luriug, the fare for such taxicab shall be detennined by the taximeter according to the rates provided for in this chapter; and provided further, that no driver of any taxicab shall charge more for the use of said taxicab than is shown to be due upon the face of said taximeter. (fl Deceit as to direct route. No person owniug or driving or operating any motor vehicle used for carrying passengers for hire shall deceive by trick or device any passenger who may ride in any such motor vehicle or who may desire to ride in any such motor vehicle as to his or her destination or the price authorized by ordinance for such person, or shall convey such person or cause him or her to be conveyed to a place other than that directed by him or her, or in any other manner convey such person to the place directed by him or her except by the shortest and most direct route. (g) Intoxication of driver. No driver or operator of any motar vehicle used for canying passengers far hire shall be found to be or known to be in a state of intoacication while on dury as such driver. (h) Inspections: (1) Biannual inspections: Any t�icab owner shall submit each and every licensed tasicab to biannual inspections in the months of September and April. The inspections shall be carried out at the fire/police equipment services gazage located at 1675 Kasota Street, Saint Paul, at a cost of eighty-five dollazs ($85.00) per unit to be paid by the licensee. If the inspection shows repairs to be required, the owner shall- order the repairs made by an authorized dealer or licensed repair garage and the taxicab returned to the city gazage to pass inspection. For purposes of this subsection, "authorized dealer" shall mean an automobile dealership which deals in that particular make of automobile. (2) Periodic inspections: The license inspector sha11 reserve the right to examine and inspect each and every licensed tasicab at any time. The intent of such an inspection is to ensure compliance with all applicable safety requirements of the State of Minnesota and the rules established herein. (3) Penalty: Failure by an owner to submit each and every licensed taxicab for a periodic inspections at an authorized inspection station and(or for a biannual inspection by the fire/police equipment services garage shall result in the following: a. The license inspector may seize the State of Mimiesota license plates of each and every uninspected taYicab; b. The license inspector shall hold the seized license plates until the taxicab is inspected and found to be in a safe condition by an authorized inspecfion station or the fire/police equipment services gazage or until action of the council as provided for herein; and 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 c. Ixnmediately after such seizure, the inspector shall notify the licensee, a � _ f��0 specifying in detail the cause for seizure, and stating that the licensee has a right to a hearing on the seizure. The hearing shall be held at the next license meeting of the city council after the receipt of a written request for hearing unless a later hearing is requested by the licensee. After such hearing, the council shall determine whether the plates sha11 still be held and whether such license shall be revoked. - Sec. 376.13. License--Transfers. �a�'�=i�e��ru��'�sf�le� Notwithstauding the provisions of any other ordinance to the contrary, a public vehicle license shall not be transferable from person to person on and after January 1, 1993. Sec. 376.14. Same--Revocation. (a) Revocation for cause; failure to pay judgment. Public vehicle licenses may be revoked by the city council at any time for cause, after heazing, and shall be revoked upon it appearing to the council that any licensee of any public vehicle shall have failed to pay within ninety (90) days after the time to appeal has eapired from any judgment against said licensee for damage to person or properry resulting from the negligent operation, use or defecfive condition of any such public vehicle, there being no appeal taken from such judgxnent; and in case an appeal is taken, shall have failed to pay within ninety (90) days after the determination of the appeal any such judgment for damages to person or property resulting as aforesaid. Where such revocation is for failure to pay any such judgment, any and all other public vehicle licenses issued to the judgment debtor for other vehicles shall likewise be revoked. When the license is revoked, notification of the same shail be forwatded by the inspector to the director of the department of police, and the taYicab or taYicabs shall not be 1 allowed to operate thereafter, nor shall any new license be issued to the judgment debtor 2 wlule any such judgxnent remains unsatisfied. The inspector shall keep a complete record of a �_ g�a 3 each taxicab license issued and a11 renewals and revocations thereof. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 (b) Failure to operate vehicles. Whenever any person, firm, copartnership or corporation holding one (1) or more licenses for public vehicles for hire shall, for a period of tliirty (30) days consecutively, fail to make a reasonable and consistent effort to operate such vehicles, except on account of an emergency over which the licensee has no control, the city council, upon heazing after five (5) days' notice to the owner or operator, shall revoke all licenses covering such vehicles. (c} ZTnsafe vehicles. In any case where the inspectar deternunes, on the basis of an inspection of a taxicab, that use of the taxicab for public patronage constitutes a serious threat to the public health or safety, or the health or safety of passengers, the inspector may suspend the license issued to that vehicle and seize the license plates of that vehicle. Such suspension shall last until the condition causing the threat to health or safety is conected to the satisfacrion of the inspector, or until action of the council as provided for herein. Immediately after such seizure or suspension, the inspector shall notify the licensee, specifying in detail the cause far the seizure or suspension, and stating that the licensee has a right to a hearing on the suspension. The hearing shall be held at the next license meefing of the city council after the receipt of a written request for hearing unless a later hearing is requested by the licensee. After such hearing, the council shall determine whether such suspension shall continue or not, or whether such license shall be revoked. Sec. 376.15. Fares and charges; regulations. (a) Fares. No person, firm or corporation owning, opera6ng or controlling any motor vehicle operated and licensed as a tasicab shall chazge any other rate except as herein provided: (1) The rate of fare far taxicabs operating within the city shall be one dollar and eighty cents ($1.80) for the first one-thirteenth (1/13) of a mile. The rate for each additional mile beyond the first mile shall be one dollar and thirty cents ($130). All fares for distances greater than one (1} mile shall be calculated in ten cent ($0.10) increments of one-thirteenth (1/13) of a mile. The minimum and per-mile rates shall be posted on the outside right and left reaz doors of the taxicab and inside the passenger compartment in the following manner and of sufficient size and shape so as to be cleazly legible: TaYicab Fares $1.80 lst 1/13 Mile Ten Cents Each 1/13 Mile Thereafter (Minimum Faze $3.00) (2) No greater or lesser fare for the operation of such taxicabs, than as described in subsection (1) above shall be chazged by the operators thereof; provided, however, that discounts of up to fifteen (15) percent may be applied to the total fare on the following conditions: a. Such discounts are clearly posted inside the passenger compartment of the taxicab; b. Such discounts may be given only to persons in one (1) or more of the following groups: � � _ � � 1. Senior citizens (age 55 or older); 2. Persons with disabilities; and 3. Officers and employees of businesses located witUin the city whose volume use of taxicabs is significant. (3) No extra faze shall be charged by the owner or operators of such taxicabs for addirional passengers. (b) Waiting time. Charges for waiting tune shall not exceed the following: (1) For each hour of "waiting time at address," eighteen dollazs ($18.00). (2) For each two (2) minutes of "waiting tnne for engagement," fifty cents ($0.50); provided, that no charge sha11 be made for the time lost on account of inefficiency of any taxicab or its operarion, or time consuxned by premature response call. (c) "Waiting time" defined. "Waifing time at address" is herein defined to mean the time beginning when a cab arrives at an address to which it has been called, and ending when it departs from such address. "Waiting time after engagemenY' shall mean the time a cab is not in motion at the request of the passenger or passengers after the cab has commenced the transportation of such passenger or passengers. (d) Hourdy rates. Nothing herein contained sha11 prevent any person from making an agreement with the operator of a taxicab to fixrnish transpottation at a rate to be agreed upon between them for an hour, day, week, month or longer period, except that when furnished by the hour, the minimum rate shall be six dollazs ($6.00), but the person with whom the operator of a t�icab makes such agreement shall not be pernutted to hire out the vehicle to any other person. Sec. 376.16. Taaicab driver's license. (a) License required. Effective Mazch 15, 1991, no person shall drive a tasicab, nor shall any owner or lessee of a ta�cicab allow any other person to drive a taYicab, within the City of Saint Paul unless that person has first obtained and displayed a taxicab driver's license under the provisions of this Code. (b) Drivers from other cities. Any driver licensed to operate a taxicab in another city may carry passengers from that city to any place within the City of Saint Paul and may freely enter and trauel upon the streets for that purpose. In that case, it shall not be deemed necessary for the taxicab driver to obtain a Saint Paul license but the driver shall not be permitted to accept or offer any passenger for hire in the City of Saint Paul, or otherwise operate a taxicab within the city without first obtaining a license under the provisions of this Code. While within the city the taYicab driver shall be required to observe all of the applicable regulations and conditions of this section and shall have in possession and display to any person upon demand the license certificate for the taxicab. �� ��'�0 (c) License application. Every applicant for a ta�cicab driver's license shall file an applicafion with the license division. The application shall be made on a form provided by said division, contaiuing such information as the license inspector may require, including, but not limited to, a complete employment lustory, to verify that the terms and condirions of this chapter have been met. The application shall be signed and sworn to by the applicant. Prior to the issuance of the license, every licensee shall be photographed. The chief of police or his representative sha11 investigate each applicant and shall forwazd the results of the application to the license inspector. Any false statement on the application shall be grounds for denial, refusal to renew or revocataon of a license. To receive a taxicab driver's license by Mazch 15, 1991, the applicant must, in addition to meeting the other requirements of law, file the application with the division by November 15, 1990, for drivers whose last names begin with the letters A through and including F; December 15, 1990, for drivers whose last names begin with the letters G through and including L; January 15, 1991, for drivers whose last names begin with the letters M through and including R; Febniary 15, 1991, for drivers whose last names begin with the letter S through and including the letter Z. (d) License fee. Each applicant for a taYicab driver's license shall, at the initial time of filing his or her application, pay a nonrefundable license fee of twenty-five dollazs ($25.00). (e) Prerequisites to license. Eligibility to be licensed to operate a taxicab shall be as follows: (1) Possess a valid Minnesota driver's license; (2) Be at least eighteen (18) yeazs old; (3) Be a citizen of the United States, or an alien admitted for permanent residence, or who has otherwise obtained work authorization from the U.S. Immigration and Naturalization Service; (4) Shall have no felony convictions in the last five (5) yeazs; shall have no nontraffic gross misdemeanor or misdemeanar convictions in the last three (3) years involving the use or threat of use of force, possession or sale of a controlled substance, prostitution or indecent conduct. The license inspector may grant, pursuant to state stalute, an exception to the above provisions upon evidence that the offense is not related to the occupation of taxicab driver; (5) Shall haue a driving record meeting the following standards: a. No convictions in the last five (5) years for any of the following offenses involving injury or death; no conviction in the last three (3) yeazs for any of the following offenses not involving injury or death: 1. Leaving the scene of an accident; 2. Driving under the influence of an alcoholic beverage or drug; 3. Reckless or careless driving; or 4. Refusal to take a breathalyzer test. c��—��0 b. For original licensure: No more than four (4) moving violations within 4 the last three (3) yeazs, and no more than two (2) moving violations in 5 the last year. For renewal: no more than four (4) moving violations 6 witbin the last three (3) yeazs and no more than three (3) moving violations in the last yeaz. Moving violations shall mean for this subsection those violations specified above in subsection (5)a., and any speeding violations. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 c. Every new applicant shall haue at least one (1) yeaz's driving experience as a licensed driver. Such prior driving experience shall be verified by an�davit signed by a reputable person and submitted with the license application. d. Upon submission of proof of suitability and evidence of insurability, the license inspector may waive one (1) or more of the requirements listed above; provided, that any such waiver shall indicate the grounds for the inspector's decision and shall be approved by the director of the department of finance and management services. (6) Have a demonstrated knowledge of the provisions of the taYicab ordinance relating to the conduct of taYicab drivers and the operation of a taYicab. (7) Failure to apply for renewal of any taxicab operator's licettse within tl�irty (30) days after expiration shall be deemed an abandonment of the licensee's right to such renewal. (fl Duty to exhibit Zicense. Effective March 15, 1991, every ta7cicab driver while on duty shall display the front of his or her taacicab driver's license on the dashboard of the vehicle in a location readily visible to passengers, which license displays the driver's photograph and license number on the front in a manner approved by the license inspector. In addition to any other penalties, a deputy inspector or police officer may order the licensee to discontinue operations until such tune as the licensee has a license in possession. (g) Issuance of license. Each taYicab driver's license shall have upon it a number by which the license sha11 be designated, a photograph of the licensee, and such other information as the license inspector may require. The license inspector may issue licenses for a term of less than one (1) yeaz for a prorated initial fee in order to evenly distribute license expirarion dates throughout the yeaz. (h) Requirement of valid Minnesota drives's license. Any tune that a licensee's Mimiesota driver's license is suspended, revoked or cancelled, his or her taxicab driver's license shall likewise be immediately suspended, revoked ar cancelled. No person shall operate a taxicab without a valid Mim�esota driver's license. (i) Renewals. A taxicab driver's license shall be issued annually. The license inspector may cause the renewal of a taxicab driver's license from year to year by appropriate endorsement upon the application for renewal and payment of an annual fee of twenty dollazs ($20.00}. The driver shail make such renewal application upon a form to be furnished by the license division. The renewal form shall be filled out with the full name and address of the `a � 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 applicant, together with the date and number of the original license. If a driver has not been licensed in the previous license yeaz, he or she shall be considered a new applicant. o� �— b'� � (j) Suspension, revocation and nonrenewal. A taxicab driver's license may be revoked, suspended or not renewed by the license inspector at any time far cause pursuant to the provisions of this chapter and Chapter 310 of the Legislative Code. When a taaticab driver's license has been revoked or suspended, it shall immediately be returned to the license division. If the city council stipulates that a licensee whose taxicab driver's license has been revoked may reapply after a specific period of time has elapsed, that period of time shall not commence unfil the taxicab driver's license has been retumed to the license division. (k) Revocation of Minnesota driver's license; limited licerrses, alcohol-related driving conviction: (1) Any person holding a taxicab driver's license whose Mimiesota driver's license is suspended, canceled or revoked for any reason shall immediately surrender his or her taxicab driver's license to the license division. The taxicab driver's license shall be returned to the licensee upon reinstatement of the Minnesota driver's license or issuance of a limited license authorizing operation of a taxicab; provided, however, that suspension, cancellation or revocation of a Minnesota driver's license due to refusal to submit to a legally required blood alcohol test under the state implied consent statute shall be grounds for the revocation, nonissuance or nonrenewal of the tasicab driver's license. (2) Any licensed taxicab driver whose Minnesota driver's license has been revoked and who has been issued a lnnited license authorizing the operation of a taz�icab shall immediately norify the license division of the same. At that time, the licensee shall furnish to the license inspector a copy of the limited license and a written sta#ement containing a schedule of the days and hours of each day during which he or she will be driving a taa�icab during the term of the limited license. No deviation from the schedule shall be pernutted. In addition, the licensee shall personally furnish to the license inspector copies of all trip sheets for all shifrs worked during the term of the limited license. (3) Any person holding a tasicab driver's license shall notify the office of license, inspections and environmental protection (LIEP) immediately whenever he or she is convicted of an alcohol-related driving offense, whether ar not it involves the operation of a tasicab. (4) Refusal to take and/or failure to pass a standazd breathalyzer test adininistered pursuant to Minn. Stat. § 169.123 while on duty shall be grounds for revocation of a taxicab driver's license. 2 (5) Failure to comply with the provisions of this section shall be grounds for �� � b'7 � 3 revocation of a taxicab driver's license. � PUBIf.SUCn SEP I 31997 Requested by Department of: � � / - �1.��� � � � � Form Approved by City Attorney Adopted by Council: Date `� r ( Adoption Certified by Council Secretary g �f � t��� Y� ��:0/%vz-l.C� . B�'= ��� �— Approve v ayor for Submission tp Approved by Mayor: Date E�2��5�} Counci By: � "`� �� By: OFFICE oF LIEP Date: GREEN SHEET Robert Ressler July,2, 1997 �� 266-9112 N° 35196 ° = 1 %PARTN]StlNT DIRSClOR 3 ITY CODNCIL 2 ITY ATTORNSY ITY Q.&RR ust be on Council Agenda by: ��' anzscrox IN. & MGT. SVC. DIR. � YOR (OR ASSZSTANP) OTAL # OF SIGNATUR23 PAGSS 1 (CLIP AI,L LOCATIONS FOR SIGNATURE) CTION REQUESTED: llow limited transferability of taxicab licenses and the addition o£ four ore licenses. CODAffiiDATIONS: APPROVE (A) OR REJECT (R) 8&SOtW, SBRVICB CONTRACTS MffST ANSWSR T88 FOLLOWING: PLANNING COI�AIISSION — CIVIL SERVICE COMMISSIOIP Has the person/Eirm ever woiked under a contract Eor this department? CIB COI�dITTEE _ BUSIN&SS REVIEW WUNCIL Y&S NO TAFF Has this persoa/£irm ever been a City employee? ISIRICT COUAT _ YES NO Does this person/firm possess a skill not noxmally possessed by any UPPORTS WHICH COUNCIL OHJ&OCIVE? Qirrent City employee? Y&S NO laia all Y83 avswers on a separate sheet and attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): nder current law the City does not allow the transfer of a taxicab license in any situation. This change will allow tr•ansfer in certain situations. The ordinance also adds four additional licenses. VANTAGES IF APPROVED: ill allow taxicab companies to sell their business operations to other UALIFIED operators. This change does not allow person to person transfers. The four additional license will complete the issuance of all the licenses recommended by LIEP in the summer of 1996. ISADVANTAGES IF APPROVED: one apparent. ISADVANTAGES IF NOT APPROVED: axicab company operators will not be able to sell their business operations ith any certainty that the buyer would receive the requisite number of licenses. OTAL AMQUNT OF TRANSACTION $ COSTfI2EVENUE BUDGETED YES NO UNDING SOURCE ACTIVITY NLiMBER INANCIAL INFORMATION: (EXPLAIN) � �� ���� li;l n � ?�;:�.7