Chapter 5.20
GENERAL PROVISIONS
Sections:
5.20.010 Definitions.
5.20.020 Bethel public safety and transportation commission.
5.20.030 Bethel public safety and transportation commission – Powers and duties.
5.20.040 Bethel public safety and transportation commission – Regulations.
5.20.050 Bethel public safety and transportation commission – Rates.
5.20.055 Bethel public safety and transportation commission – Complaints.
5.20.060 Hearing officer.
5.20.070 Powers and duties of transportation inspector.
5.20.080 Vehicle inspections.
5.20.085 Drug and alcohol testing.
5.20.090 Enforcement authority.
5.20.100 Hearings – Appeals.
5.20.110 Denial, suspension, or revocation of license or permit.
5.20.120 Penalties and remedies.
5.20.130 Renewal of license or permit.
5.20.140 Duty to maintain current application.
5.20.150 Submission, review and certification of applications.
5.20.160 Fees.
5.20.170 Safety belts, child safety restraints, and vehicle air bags.
5.20.010 Definitions.
When used in Chapters 5.20 through 5.50 BMC, unless the context requires otherwise:
A. “Bus” means a regulated vehicle designated by its manufacturer as a bus used to transport passengers for hire and having a capacity of eight (8) or more passengers, except that any vehicle engaged exclusively in the transport by motor vehicle of students to and from school is not a “bus” for purposes of Chapters 5.20 through 5.50 BMC.
B. “Chauffeur” means a person authorized by the transportation inspector through the issuance of a chauffeur’s license to operate a vehicle regulated in accordance with Chapters 5.20 through 5.50 BMC.
C. “Commission” means the Bethel public safety and transportation commission.
D. “Dispatch service” means a business authorized pursuant to Chapter 5.50 BMC to engage in the dispatch of taxicabs or river taxis to persons desiring to hire them.
E. “Interest” means any share in or right to a permit issued in accordance with Chapters 5.20 through 5.50 BMC.
F. “Lease operator” means a person who has entered into an agreement with a taxicab permittee which allows that person to provide taxicab services pursuant to the permittee’s authority under this code, only if such an arrangement is approved in advance by the transportation inspector, and only if such an arrangement is operated in accordance with conditions placed upon it by the transportation inspector.
G. “Licensee” means a person authorized by the transportation inspector to operate a regulated vehicle while it is in service.
H. “Limousine” means a regulated vehicle designated by its manufacturer as a limousine used to transport passengers for hire with a chauffeur over unfixed or undefined routes at rates greater than those charged for taxicabs and buses. Curbside and flag stop service are prohibited for limousine chauffeurs; all service must be prearranged.
I. “Operate” means to drive, pick up, transport or discharge passengers.
J. “Permit” means a written authorization issued by the transportation inspector allowing the operation of a vehicle regulated in accordance with Chapters 5.20 through 5.50 BMC. A permit to operate may be separate from ownership or lease of the vehicle or service operated. A permit to operate does not include a chauffeur’s license. Such a permit is separate and distinct from a chauffeur’s license.
K. “Permittee” means a person authorized by the transportation inspector to put a regulated vehicle in service.
L. “Rate” means every rate, toll, fare, rental charge or other form of compensation demanded, charged or collected by a permittee or chauffeur for its services.
M. “Regulated vehicle” means any vehicle regulated by Chapters 5.20 through 5.50 BMC.
N. “River taxi” means any motor vehicle used to transport passengers for hire on a river which operates within the city limits of the city of Bethel.
O. “Taxicab” means a chauffeured motor vehicle used to transport passengers for hire having a manufacturer’s rated seating capacity of nine (9) or fewer persons, which capacity includes the driver and which is not operated over fixed or defined routes.
P. “Transfer” (with respect to an interest in a permit issued under Chapters 5.20 though 5.50 BMC) means to sell, lease, convey, give, exchange, or otherwise transfer an interest in a permit issued in accordance with Chapters 5.20 through 5.50 BMC to another person or entity, including but not limited to a transfer of interest through power of attorney.
Q. “Transportation inspector” means the Bethel chief of police or his or her designee. [Ord. 08-17 § 2; Ord. 01-02 § 3.]
5.20.020 Bethel public safety and transportation commission.
The Bethel public safety and transportation commission is established in accordance with Chapter 2.25 BMC. [Ord. 01-02 § 3.]
5.20.030 Bethel public safety and transportation commission – Powers and duties.
A. In addition to the powers and duties enumerated in BMC 2.25.020, the commission shall have the powers and duties further enumerated in this section.
B. The commission shall regulate all regulated vehicles, chauffeurs, and dispatch services in accordance with Chapters 5.20 through 5.50 BMC except for any regulated vehicles which the commission determines are subject to regulation in accordance with a taxicab regulation program established by Alaska or federal law. No motorized vehicle may be offered for hire to transport passengers in Bethel without being a regulated vehicle. The purpose of the provisions set forth in Chapters 5.20 through 5.50 BMC or regulations adopted by the commission shall be to protect the public’s interest with respect to the price and quality of service provided by regulated vehicles.
C. The commission shall hold at least two (2) public hearings annually to investigate the quality of services rendered by regulated vehicles, permittees, chauffeurs and dispatch services, and shall make such recommendations to the city council as it deems necessary for the improvement of such services.
D. The commission or its designee may administer oaths, certify to all official acts, and issue subpoenas and other process to compel the attendance of witnesses and the production of testimony, records, papers, accounts and documents in an inquiry, investigation, hearing or proceeding before the commission. The commission may petition a court of this state to enforce its subpoenas or other process. [Ord. 01-02 § 3.]
5.20.040 Bethel public safety and transportation commission – Regulations.
The commission may promulgate regulations setting rates and/or other charges for service and minimum standards for service as well as any other regulations necessary to carrying out the provisions of Chapters 5.20 through 5.50 BMC. Such regulations shall be approved or rejected by the city council at or before the third (3rd) city council meeting following adoption of the regulations by the commission. If such regulations are not considered by the city council by the third (3rd) city council meeting following their adoption by the commission, they shall be deemed approved by the city council. [Ord. 01-02 § 3.]
5.20.050 Bethel public safety and transportation commission – Rates.
A. The commission:
1. Shall establish maximum rates to be charged for taxicab and river taxi service and may establish minimum rates for such services;
2. May establish dispatch service, limousine, or bus minimum and/or maximum rates;
3. May establish maximum lease rates between permittees and lease operators of taxicabs, including daily lease rates for taxicab chauffeurs.
B. All rates established by the commission shall be nondiscriminatory, just and reasonable.
C. A statement of actual taxicab rates charged by a taxicab, other than flat or group rates established by contractual agreement between dispatch service companies and individuals or other businesses, shall be conspicuously posted on the interior and exterior of every taxicab in a manner prescribed by the transportation inspector.
D. No person may require payment of rates other than those established by the commission pursuant to this section.
E. No person may require payment of dispatch service rates other than those established by the commission pursuant to this section. [Ord. 01-02 § 3.]
5.20.055 Bethel public safety and transportation commission – Complaints.
The commission, through the transportation inspector, shall:
A. Establish a system for processing and adjudicating citizen complaints against chauffeurs of regulated vehicles or against the condition of a regulated vehicle and further establish a system to keep records of all such complaints. The record shall identify the chauffeur, permit number, and permittee of the vehicle involved in the complaint, as well as the name, address, and/or telephone number of the complainants if available. A complainant’s identification may be held confidential by the commission upon request of the complainant(s). Absent additional evidence, an anonymous complaint does not constitute a sufficient basis for issuance of a civil or criminal citation or penalty.
B. Require dispatch companies to establish a record of all complaints registered against chauffeurs of regulated vehicles, or against the condition of a regulated vehicle. The record shall identify the chauffeur, permit number and permittee of the vehicle involved in the complaint, as well as the name, address, and/or telephone number of the complainants if available. A complainant’s identification may be withheld from the complaint log by the dispatch company and instead transmitted confidentially to the transportation inspector upon request of the complainant. Absent additional evidence, an anonymous complaint does not constitute a sufficient basis for issuance of a civil or criminal citation or penalty. The dispatch companies shall, on a monthly basis, provide the transportation inspector with a complete copy of logged complaints.
C. Require that within all regulated vehicles a commission-approved notice of the telephone numbers required for the filing of complaints with the commission and the number of the vehicle utilizing the permit shall be prominently displayed in a manner, size, and location designated by the transportation inspector.
D. Provide permittees with a monthly summary of all logged complaints, civil or criminal citations, and convictions entered against chauffeurs or vehicles operating under the permittee’s permit.
E. Utilize citation and conviction findings in the annual review process to determine whether the renewal of an individual permittee’s permit to operate remains in the continued public interest and welfare.
F. Provide current information in response to any public request, as to the number of citations issued or convictions entered against a chauffeur or permittee within the preceding twelve (12) months. [Ord. 01-02 § 3.]
5.20.060 Hearing officer.
A. Except as provided in subsection B of this section, in all appeals to it in accordance with BMC 5.20.100, the commission shall provide for a hearing officer to conduct the hearings, to make rulings regarding the admission of evidence and procedure, and to prepare a proposed decision, with findings of facts and conclusions of law. The commission may adopt the hearing officer’s decision or decide the matter itself based upon the record created before the hearing officer. The record shall include tapes or transcripts of the hearing before the hearing officer. The hearing officer who presided at the hearing shall be present during the consideration of the case by the commission to assist and advise the commission.
B. If, in the case of an emergency or an expedited matter, there is not enough time to appoint a hearing officer to hear appeals in accordance with subsection A of this section, the commission may conduct a hearing without providing for a hearing officer. The commission is solely responsible for determining whether or not there is sufficient time to appoint a hearing officer. All other provisions of this section apply to the conduct of a hearing held without a hearing officer.
C. Hearings shall be conducted under this section in accordance with AS 44.62.430 through 44.62.540 (state administrative procedures for the conduct of administrative hearings by hearing officers).
D. A hearing officer may be appointed to conduct appeals without complying with BMC 4.20.170. [Ord. 01-02 § 3.]
5.20.070 Powers and duties of transportation inspector.
In addition to the other duties and powers granted by Chapters 5.20 through 5.50 BMC, the transportation inspector shall:
A. Keep records relating to permittees, regulated vehicles, chauffeurs, and dispatch services regulated under Chapters 5.20 through 5.50 BMC;
B. Investigate, inspect and examine vehicles, drivers, records and any and all other things related to the operation of regulated vehicles to assure that the provisions of Chapters 5.20 through 5.50 BMC are enforced and obeyed;
C. Receive and process all applications for permits and licenses;
D. Require a regulated vehicle to be taken out of service for an inspection when the transportation inspector reasonably believes that it poses a threat to the safety or health of persons or property. The transportation inspector may order the owner of the regulated vehicle to obtain and pay for an inspection report from a designated inspection station. The transportation inspector may keep a vehicle out of service for a reasonable time in order to perform the inspection;
E. Assess a fine against a designated inspection station or the regulated vehicle operator or both, upon submission of an inspection report under BMC 5.20.080 that contains false or misleading information, including any material omission. The fine shall not exceed three hundred dollars ($300) for each violator for each false or misleading inspection report. This fine shall be in addition to any other remedy or penalty provided by this code, such as denial, revocation, or suspension of a license or permit. Any appeal of the fine shall be in accordance with BMC 5.20.100; and
F. Perform those administrative duties of the commission which are delegated to him or her by the commission. [Ord. 03-10 § 2; Ord. 01-02 § 3.]
5.20.080 Vehicle inspections.
A. All regulated vehicles shall be inspected by a designated inspection station and the approved inspection form presented to the transportation inspector before a permit will be issued. At least twice a year thereafter, all regulated vehicles shall be inspected. No regulated vehicle may be operated until it has been inspected and found to be in compliance with Chapters 5.20 through 5.50 BMC and any other applicable law. The transportation inspector may also inspect a regulated vehicle at any time to determine if the vehicle is in compliance with all provisions of Chapters 5.20 through 5.50 BMC, and keep the vehicle out of service for a reasonable time in order to perform the inspection.
B. When a regulated vehicle has been operating under any permit for two (2) years or has accumulated a total of two hundred thousand (200,000) miles, whichever occurs first (1st), the transportation inspector may increase the required annual inspection frequency to four (4) inspections annually, after reasonable notice to the permittee.
C. No person may operate a vehicle as a regulated vehicle unless such vehicle is in a safe, clean condition and in compliance with all applicable laws. If the transportation inspector determines that a regulated vehicle is mechanically unsound, unclean or otherwise out of compliance with all applicable laws, the permittee shall take the vehicle out of service immediately upon notification from the transportation inspector.
D. Mechanical Equipment Standards.
1. The steering mechanism shall be in good working order and wheel play shall not exceed two (2) inches;
2. All door hinges and latches shall be in good mechanical working order so that doors open easily and close securely. All door locks shall function as designed;
3. All windows shall be fully operable and composed of approved safety glass. The windshield shall have no chips or stars larger than a twenty-five cent piece ($0.25) and shall not be cracked above four (4) inches from the bottom or below four (4) inches from the top of the windshield. No cracks in a vertical position are permitted on either side of the windshield. At no time shall a driver’s vision be obstructed by damage to the windshield, side windows or rear window. Interior and exterior mirrors shall be firmly attached to the vehicle;
4. All brakes shall be in good mechanical working order. When pressed, the brake pedal shall not be less than one and three-fourths (1 3/4) inches from the floorboard. Brake linings shall not be less than one thirty-second (1/32) of an inch at any point. Brake drums shall not exceed forty-one thousandths (40/1,000) of an inch in excess of factory specifications;
5. The exhaust system, gaskets, tailpipes and mufflers shall be in good condition. Exhaust fumes shall not permeate into the interior of the vehicle;
6. The vehicle shall be equipped with four (4) tires, each of which shall have tread depth measurements at approximately every one hundred twenty (120) degrees of its circumference of not less than two thirty-seconds (2/32) of an inch. There shall be no sidewall damage to the tires;
7. The speedometer shall be properly installed and maintained in good working order and exposed to view;
8. The interior of the vehicle shall be maintained in a clean and sanitary condition, and be free from torn upholstery and from damaged or broken seats;
9. All exterior and interior lights and turn signals shall be in good mechanical order. Headlights shall be properly aligned for both high and low beam use;
10. The horn and two (2) windshield wipers shall be in good mechanical working order;
11. All wire connections shall be permanent and located out of the way of the driver and passengers;
12. The vehicle shall be structurally sound and not have cracked or dented fenders and shall be painted so as to provide reasonable protection against structural deterioration. Body and sheet metal should have all the manufactured parts securely mounted with no dangerous protuberances;
13. Defrosting and heating systems shall be operational;
14. There shall be no measurable leakage of fluids or oil from any part of the vehicle;
15. The vehicle shall be equipped with a readily accessible fire extinguisher with a gauge that clearly indicates that the unit is fully charged, mounted and readily accessible within the driver’s immediate reach in the vehicle;
16. The vehicle shall be equipped with accessible and operable seat belts for all seats;
17. The vehicle shall comply with the provisions of AS 28.05.095 regarding child safety restraints and seat belts;
18. The vehicle’s odometer shall be kept in good working order.
E. All regulated vehicles shall be subject at all times to an inspection by the transportation inspector, or a police officer who has reason to believe that the vehicle does not comply with all federal, state and local equipment laws or regulations. [Ord. 02-30 § 2; Ord. 02-07 § 2; Ord. 01-02 § 3.]
5.20.085 Drug and alcohol testing.
A. The commission shall:
1. Establish a commission-approved drug and alcohol testing program for chauffeurs of regulated vehicles. The program may include chauffeur applicant drug screening tests, random tests, reasonable cause tests, post-accident tests, and post-citation tests. The testing program shall be administered by the transportation inspector;
2. Provide for the immediate denial or revocation of the chauffeur’s license by the transportation inspector of any such chauffeur failing or failing to submit to a chauffeur application drug screening test, a random drug or alcohol test, a reasonable cause drug or alcohol test, a post-accident drug or alcohol test, or a post-citation drug or alcohol test, for a period of not less than six (6) months for a first (1st) offense. In the case of a revocation under this section, the revocation may continue beyond six (6) months until such time as the chauffeur shall submit evidence of successful completion of a drug or alcohol abuse treatment program;
3. Provide for the immediate revocation by the transportation inspector of the chauffeur’s license of any chauffeur failing or failing to submit to such a random, reasonable cause, post-accident, or post-citation test, for a period of not less than two (2) years for a second (2nd) or subsequent offense.
B. Within ninety (90) days of the enactment of the ordinance codified in this chapter, a design, cost structure, and fee determination for the drug and alcohol testing program shall be developed by the commission and submitted to the city council for approval subject to the following conditions:
1. Direct operational costs for the random, post-accident, post-citation, and reasonable cause drug and alcohol testing program shall be borne by permittees. Direct operational costs for the chauffeur application drug screening test shall be borne by licensees. [Ord. 01-02 § 3.]
5.20.090 Enforcement authority.
The transportation inspector shall have all powers required to enforce the provisions of Chapters 5.20 through 5.50 BMC. [Ord. 01-02 § 3.]
5.20.100 Hearings – Appeals.
A. If the transportation inspector determines that an application for a license or permit does not meet the requirements of Chapters 5.20 through 5.50 BMC, the transportation inspector shall deny the application. The transportation inspector shall issue a written decision to the applicant which shall state the specific reasons for that denial within fifteen (15) days of the denial of the application.
B. A person aggrieved by the denial of an application under subsection A of this section, or revocation or suspension of a permit or license by the transportation inspector pursuant to Chapters 5.20 through 5.50 BMC may, within fifteen (15) days of receipt of the denial, suspension or revocation decision, and upon payment of the filing fee required by BMC 5.20.160, appeal that decision to the commission. After a hearing conducted pursuant to BMC 5.20.060, the commission shall uphold the decision of the transportation inspector, or authorize the conditional or unconditional issuance or reinstatement of a denied, suspended or revoked license or permit only upon an affirmative showing at a hearing by the appellant that the transportation inspector exceeded his or her authority under Chapters 5.20 through 5.50 BMC in denying, suspending, or revoking the license or permit.
C. An appeal from any final decision of the commission made in accordance with this section shall be filed in the Superior Court, Fourth Judicial District, Bethel, Alaska, no later than thirty (30) days following service of that decision upon the affected licensee or permittee at the last known address. Review by the court shall be limited to determining whether the decision appealed is supported by substantial evidence.
D. A permittee or licensee who has been issued a citation for a violation of a provision of Chapters 5.20 through 5.50 BMC, or subjected to a penalty, may contest that citation or penalty by filing a notice of appeal with the commission no later than fifteen (15) days after the day the citation or penalty has been issued. Such an appeal shall be considered by the commission in accordance with the procedures established in BMC 5.20.060 and subsection B of this section. [Ord. 01-02 § 3.]
5.20.110 Denial, suspension, or revocation of license or permit.
A. The transportation inspector shall have the power to suspend or revoke a chauffeur’s license.
1. The transportation inspector shall immediately suspend or revoke a chauffeur’s license if a chauffeur is convicted by a court of competent jurisdiction of an offense set forth in BMC 5.40.030;
2. The transportation inspector shall suspend or revoke a chauffeur’s license upon receipt of evidence sufficient to cause the transportation inspector to conclude that it is more likely than not that a chauffeur is incapable of controlling a motor vehicle safely;
3. The transportation inspector shall deny, suspend, or revoke the chauffeur’s license of any chauffeur failing or refusing to take a drug and/or alcohol test in accordance with BMC 5.20.085.
B. Upon a request by the transportation inspector or on its own initiative, the commission shall have the power to suspend or revoke a taxicab, river taxi, and limousine or bus permit.
1. The commission shall suspend or revoke a taxicab, river taxi, limousine or bus permit upon finding after a hearing that:
a. A permittee has not operated pursuant to the permit for forty-five (45) consecutive days or for ninety (90) days in any twelve- (12-) month period; provided, that such failure to operate is not caused by strike, public catastrophe, or other act beyond the control of the permittee but not including insolvency;
b. A permittee has sold or otherwise lost the use of the vehicle which was being operated pursuant to the permit and has failed to replace it within sixty (60) days after the date of such sale or loss;
c. A permittee has failed to make any payments required under Chapters 5.20 through 5.50 BMC or to make any payments (including but not limited to business license fees and sales taxes) or remit any fees required by any other provisions of this code;
d. A permittee has submitted a false or misleading inspection report from a designated inspection station.
2. The commission may suspend or revoke a taxicab, river taxi, limousine or bus permit upon finding after a hearing that a permittee has violated any provision of Chapters 5.20 through 5.50 BMC. The commission may suspend or revoke a chauffeur’s license upon finding after a hearing that a licensee has violated any provision of Chapters 5.20 through 5.50 BMC;
3. The transportation inspector shall immediately suspend or revoke a taxicab, river taxi, limousine or bus permit upon being provided with appropriate notice that a permittee has been convicted by a court of competent jurisdiction of an offense set forth in BMC 5.30.040;
4. The transportation inspector may immediately revoke a permit under this subsection if the transportation inspector determines that continued operation of the permit will result in substantial risk to the public health or welfare. If the transportation inspector revokes a permit based upon such determination, the revocation action shall expire in ten (10) days, unless within this time the commission holds a hearing and determines that a continued emergency revocation is warranted until such time as the commission makes a decision on an appeal to the revocation, should such an appeal be filed by the permittee.
C. The commission may suspend or revoke a dispatch service permit upon a finding after a hearing that:
1. Such dispatch service has not commenced operation within ninety (90) days after issuance of the permit;
2. Such dispatch service has failed to provide dispatch services for a period of ninety (90) consecutive days; provided, that such failure to operate is not caused by strike, public catastrophe or other act beyond the control of the dispatch service other than insolvency; or
3. Such dispatch service does not have a valid radio station license issued by the Federal Communications Commission (“FCC”) or such dispatch service is not in compliance with any terms and conditions imposed on it by the FCC.
D. Violation of any of the terms and conditions of a suspension or revocation imposed by this section is a separate violation.
E. Upon suspension or revocation of a chauffeur’s state driver’s license, his or her chauffeur’s license shall simultaneously and automatically become void. A chauffeur shall surrender his or her chauffeur’s license to the transportation inspector and cease operating a regulated vehicle immediately upon suspension or revocation of the chauffeur’s state driver’s license. Such a chauffeur shall not thereafter operate a vehicle for which a chauffeur’s license is required unless he or she is first (1st) issued a new chauffeur’s license in accordance with BMC 5.40.030.
F. A permittee or licensee must surrender his or her permit or license to the transportation inspector immediately upon suspension or revocation.
G. A permittee or licensee may appeal a suspension or revocation by the transportation inspector to the commission in accordance with BMC 5.20.100. A permittee or licensee may appeal a suspension or revocation by the commission to the Superior Court in accordance with BMC 5.20.100.
H. Unless provided otherwise in Chapters 5.20 through 5.50 BMC, a permit or license that is revoked shall become void and revert to the commission. [Ord. 03-10 § 4; Ord. 01-02 § 3.]
5.20.120 Penalties and remedies.
A. A person who violates a provision of Chapters 5.20 through 5.50 BMC or a regulation promulgated thereunder shall be subject to a civil penalty of:
1. One hundred fifty dollars ($150) for the first (1st) violation;
2. Two hundred dollars for the second (2nd) violation;
3. Two hundred fifty dollars for the third (3rd) violation;
4. Three hundred dollars for the fourth (4th) violation;
5. Three hundred dollars for each subsequent violation;
or injunctive relief to restrain the person from continuing the violation or threat of violation, or both such civil penalty and injunctive relief. Upon application for injunctive relief and a finding that a person is violating or threatening to violate a provision of Chapters 5.20 through 5.50 BMC or a regulation promulgated thereunder, the Superior Court shall grant injunctive relief to restrain the violation.
B. Each day during which a violation described in this section occurs shall constitute a separate offense.
C. Penalties shall be paid within thirty (30) days of service of the citation or within ten (10) days after any appeal is denied. Failure to pay penalties within the established times will result in immediate suspension of a license or permit as well as repossession of the license or permit by the transportation inspector until such time as the penalty has been paid.
D. In addition to the penalties provided for in subsection A of this section, a person who violates a provision of Chapters 5.20 through 5.50 BMC or any regulation promulgated thereunder may also be subject to the following:
1. Second (2nd) Violation. Suspension of the violator’s license or permit for fifteen (15) days or less;
2. Third (3rd) Violation. Suspension of the violator’s license or permit for no more than thirty (30) days or no less than fifteen (15) days;
3. Fourth (4th) or Subsequent Violation. Revocation of license or permit. [Ord. 01-02 § 3.]
5.20.130 Renewal of license or permit.
A. A permit or license issued in accordance with Chapters 5.20 through 5.50 BMC shall be valid for two (2) calendar years and shall expire automatically on the date of original issue.
B. An application to renew a permit or license shall be made to the transportation inspector, at the time set for submitting the application, and shall be treated in the same manner as an original application. A decision to grant a license or permit in two (2) years does not preclude the transportation inspector from denying a license or permit upon application for renewal.
C. If a permittee or licensee is not qualified to hold his or her permit or license at the time of renewal, the transportation inspector shall not renew the permit or license and it shall become void and revert to the commission.
D. Any person whose application for an original license or permit or for a renewal of license or permit has been denied and any person whose license or permit has been revoked may not apply for a new license or permit for one (1) year from the initial date of the denial or revocation. New taxicab permits shall only be issued in accordance with the provisions of BMC 5.30.050. [Ord. 07-18 § 2; Ord. 01-02 § 3.]
5.20.140 Duty to maintain current application.
A. A permittee or licensee is under a continuing obligation to keep the information on his or her application current. Failure to do so shall be a violation of Chapters 5.20 through 5.50 BMC. A permittee or licensee shall give written notice to the transportation inspector of any change to be made on his or her application within ten (10) days, and the transportation inspector shall amend the application accordingly. Failure to comply with this subsection is grounds for denial, suspension or revocation of a permit or license.
B. No person may knowingly make a false or misleading statement on his or her application for a permit or license under Chapters 5.20 through 5.50 BMC. Failure to comply with this subsection is grounds for denial, suspension or revocation of a permit or license and constitutes a violation of Chapters 5.20 through 5.50 BMC. [Ord. 01-02 § 3.]
5.20.150 Submission, review and certification of applications.
A. An application for an original or renewal permit or license required by Chapters 5.20 through 5.50 BMC shall be submitted to the transportation inspector.
B. The transportation inspector shall review the application to assure it complies with the requirements of Chapters 5.20 through 5.50 BMC.
C. The transportation inspector shall transmit applications meeting the requirements stated in subsection B of this section to the city manager to determine whether the applicant owes any taxes, fees, assessments, or other payments to the city, and whether the applicant has a current city business license.
D. If the applicant has no outstanding obligations and has a business license, the city manager or his or her designee shall certify the application, and return it to the transportation inspector. The transportation inspector shall not issue or renew an application for a permit or license unless the city manager or his or her designee certifies the application in accordance with this section. [Ord. 02-01 § 2; Ord. 01-02 § 3.]
5.20.160 Fees.
The following fees shall be payable to the city:
A. One hundred eighty-five dollars ($185) monthly shall be paid to the transportation inspector for the issuance or renewal of a bus, limousine, river taxi, dispatch service, or taxicab permit no later than the tenth (10th) of each month.
B. Two hundred fifty dollars ($250) shall be paid to the transportation inspector for the initial issuances and each two- (2-) year renewal of a chauffeur’s license no more than three (3) months prior to expiration date, not after one (1) month prior to expiration date.
C. Two hundred fifty dollars ($250) shall be paid to the transportation inspector for the initial issuances and each two- (2-) year renewal of a vehicle permit no more than three (3) months prior to expiration date, not after one (1) month prior to expiration date.
D. One hundred dollars ($100) shall be paid to the city finance department for each appeal from a decision of the transportation inspector to the commission under Chapters 5.20 through 5.50 BMC. Such fee shall be refunded if the decision is subsequently reversed. The ex officio member of the public safety and transportation commission must notify all commission members when an appeal is filed. The fee shall be forfeited if the party making the appeal fails to show for the appeal hearing.
E. Eighty-five dollars ($85) shall be paid to the transportation inspector each time that a taxicab permittee applies to substitute a vehicle that operates under a permit.
F. One hundred twenty-five dollars ($125) shall be paid to the transportation inspector for an application to transfer an interest in a taxicab permit or a dispatch service permit in accordance with the provisions of Chapters 5.20 through 5.50 BMC.
G. There shall be a one hundred dollar ($100) surcharge for late payment of fees provided for in subsections A, B, and C of this section.
H. Twenty-five dollars ($25) shall be paid to the transportation inspector for administration of the examination required in BMC 5.40.020(C), except that this payment shall not be required the first (1st) time that an applicant for a chauffeur’s license takes the examination.
I. Fifteen dollars ($15) shall be charged for chauffeur and vehicle renewal applications which are mailed in.
J. Thirty-five dollars ($35) shall be charged for chauffeur drug testing. [Ord. 09-05 § 2; Ord. 07-20 § 2; Ord. 07-18 § 2; Ord. 01-47 § 2; Ord. 01-30 § 2; Ord. 01-26 § 2; Ord. 01-02 § 3.]
5.20.170 Safety belts, child safety restraints, and vehicle air bags.
Every regulated vehicle shall comply with the provisions of AS 28.05.095 regarding safety belts and child safety restraints. Additionally, no operator of a regulated vehicle shall allow a child under twelve (12) years of age to ride in the front seat of the vehicle if it has a passenger air bag. [Ord. 03-13 § 2; Ord. 01-02 § 3.]