Chapter 7.08
PERMITS* Revised 7/18

Sections:

7.08.010    Permit system established. Revised 7/18

7.08.020    Permit application process.

7.08.030    Review and certification of application for permit.

7.08.040    Denial of application for permit.

7.08.050    Transitional permit application process for SSVs.

*    Prior ordinance history: Ords. 99-05 and 2001-14.

7.08.010 Permit system established. Revised 7/18

A. The city establishes a permit system for the regulation of taxicab and SSV operators in the city of Utqiaġvik. The maximum number of outstanding permits and taxicabs authorized to operate under each permit shall be determined as follows: Upon the effective date of the ordinance codified in this title, there shall be not more than one permit issued for every one thousand residents of the city of Utqiaġvik. City residents shall be counted in accordance with the North Slope Borough planning department population figures. Additionally, not more than ten taxicabs and one SSV shall operate under each permit. These limitations are specifically based upon the relationship between the number of taxicabs and SSVs operating within the city of Utqiaġvik and the quality of service provided within the city of Utqiaġvik. An excessive number of taxicabs or SSVs results in a reduced level of service and more passenger complaints.

B. The commission or any person may initiate commission inquiry into the public convenience and necessity for an increase in the total number of permits or vehicles authorized under the permit. The commission shall conduct a hearing to determine if public convenience and necessity warrant any such increases. At the hearing, the commission may consider, among other things, evidence of:

1. Public demand for additional taxi or SSV service;

2. Unfulfilled requests for service;

3. Reasonableness of waiting time for service;

4. Economic impact of additional taxicabs authorized under permits on the viability of the existing taxicab industry;

5. Public complaints about the availability of parking or other issues of public concern created by the number of taxicabs; and

6. Any other reasonable grounds to determine public convenience and necessity.

C. If the commission finds by a preponderance of the evidence presented at the hearing that public convenience and necessity would be best served by the issuance of one or more additional permits, such permit or permits shall be issued in the manner provided in subsection D of this section.

D. Not later than ninety days after the commission determines that a new taxicab permit should be issued, the executive director shall conduct a public auction as follows:

1. The auction shall be conducted by sealed bid, and the permit shall be issued to the highest qualified bidder;

2. To be responsive, a bid must equal or exceed the taxi permit issuance fee stated in Section 7.04.090;

3. As used in this section, “qualified bidder” means a person who meets the requirements of Section 7.08.030 and tenders the successful full bid price in cash within five days after notice that he or she is the highest bidder;

4. If the highest bidder is not a qualified bidder, the permit shall be issued to the next highest bidder who is also a qualified bidder. If none of the bidders are also qualified bidders, the executive director shall again offer the permit at auction as provided by this section within one hundred eighty days after the previous auction; and

5. All proceeds of each auction conducted under this subsection shall be used for the operation of the city taxicab and SSV program.

E. No hearing shall be conducted pursuant to subsection C of this section within one hundred twenty days after a new permit has been issued as a result of an auction conducted under subsection D of this section. (Ord. 02-2017 §2(part); Ord. 2005-05 §2(part))

7.08.020 Permit application process.

A. An application for a taxicab permit shall be submitted to the executive director, on a form approved by the executive director; shall be certified as required by Section 7.08.030; and shall be accompanied by:

1. The fee specified in Section 7.04.090;

2. Proof of insurance for the vehicle(s) as required by this title if the permit holder is the owner of the vehicle at issue, and if not, proof of the driver’s insurance policy on the vehicle;

3. A complete list of the name, address and telephone number of every person who shall have a financial or proprietary interest in the permit;

4. Proof that the applicant is at least nineteen years of age;

5. The purchase price for the right(s) obtained; and

6. A statement that the applicant has not had a felony or misdemeanor conviction entered by a court of competent jurisdiction within five years for:

a. Assignation, prostitution, solicitation for the purpose of prostitution, offering to secure another for the purpose of prostitution, maintaining a vehicle for the purpose of prostitution or accepting money from a prostitute;

b. Sale, possession or use of any controlled substance as defined in AS 11.7 or similar law of another jurisdiction;

c. Manufacture, sale, offer for sale, possession for sale or barter, traffic in, or barter of an alcoholic beverage in violation of AS 4.11.010 or a similar law of another jurisdiction;

d. Any felony or misdemeanor which contains, as an element, the use or threat of force upon a person;

e. Burglary, larceny, fraud, theft or embezzlement;

f. Any offense which pertains to sexual abuse of a minor or sexual exploitation of a minor.

B. A permit application shall not be approved if it does not comply with Section 7.08.010. (Ord. 2005-10 §2: Ord. 2005-05 §2(part))

7.08.030 Review and certification of application for permit.

A. Upon receipt of an application for a permit which meets the requirements of Section 7.08.020 and, if applicable, Section 7.32.040, the executive director shall determine whether the applicant is in compliance with all ordinances, regulations or other laws administered and enforced by the following departments:

1. Finance Department. Within ten days following a request from the executive director, the head of the department of finance shall determine whether the applicant owes any taxes, assessments, judgments or bills for collection in connection with the business or activity for which the permit is sought. If no such obligations are outstanding, the finance department head shall certify to the executive director.

B. Upon receipt of the certification provided for in subsection (A)(1) of this section, the executive director shall tender the application to the commission for consideration.

C. The executive director shall make such other inspections and investigations as are necessary to fully apprise the commission of the basis of the application, the background of the applicant and any other circumstances relevant to the commission’s consideration of the application. (Ord. 2005-05 §2(part))

7.08.040 Denial of application for permit.

A. An application for a taxicab permit shall be denied if an applicant has a felony or misdemeanor conviction entered by a court of competent jurisdiction within ten years for:

1. Assignation, prostitution, solicitation for purpose of prostitution, offering to secure another for the purpose of prostitution, maintaining a vehicle for the purpose of prostitution or accepting money from a prostitute;

2. Sale, possession or use of any controlled substance as defined in AS 11.71 or any similar law of another jurisdiction;

3. Manufacture, sale, offer for sale, possession for sale or barter, traffic in, or barter of an alcoholic beverage in violation of AS 4.11.010 or similar law of another jurisdiction;

4. Any felony or misdemeanor which includes, as an element, the use or threat of force upon a person;

5. Burglary, larceny, fraud, theft or embezzlement; or

6. Any offense which pertains to sexual abuse of a minor or sexual exploitation of a minor.

B. An application for a taxicab permit shall be denied if it does not comply with Section 7.08.010. (Ord. 2005-05 §2(part))

7.08.050 Transitional permit application process for SSVs.

A. After promulgation of initial regulations governing shuttle service in the city in accordance with Section 7.04.040(B), the commission shall allow existing permittees to apply to amend their permits to provide shuttle service with one SSV in accordance with the regulations. The fee charged for such an amended permit shall be in accordance with Section 7.04.090(C). The requirements of Sections 7.04.080, 7.08.020 and 7.08.030 shall apply to such transitional applications. The executive director shall develop a transitional permit application form for this purpose.

B. Beginning January 1, 2006, the permit application process for provision of shuttle services shall be governed by this chapter and Chapter 7.32. (Ord. 2005-05 §2(part))