Chapter 6.76 TAXICABS

“Company” means a passenger-for-hire business either based in the city or elsewhere whose business activity includes picking up any passengers in the city by on-demand requests, a radio dispatched service, or referral which results in charging the passenger by metered time and/or distance to a destination identified by the hiring passenger for an exclusive ride. Such taxi services are a business that is required to be licensed under this chapter. Taxi services which have picked up passengers outside of the city and delivered the passengers to a location within the city are excluded from the licensing requirements under this chapter. “Exclusive ride” as it is referred to in this section does not preclude a passenger from directing the taxicab driver to pick up additional passengers en route to a destination and incurring the additional metered time and/or distance that would be required.

“Division of Measurement Standards” means the state agency charged with and responsible for ensuring the accuracy of commercial weighing and measuring devices.

“Driver” means every person in direct and immediate possession of, in charge of, or operating a taxicab.

“Owner” means every person, firm, partnership, association or corporation having proprietary use, ownership or control of any taxicab or fleet of taxicabs.

“Prearranged trip” means a trip using an online enabled application, dispatch, or internet website. A company may provide prearranged trips anywhere within the county in which it has obtained a permit.

“Sole proprietor” means an independent, self-employed driver whose business is substantially located in the city and who obtains a permit from the city without employing additional drivers.

“Substantially located” means either the jurisdiction where a company maintains its primary business address, or the jurisdiction where the largest share of prearranged and nonprearranged trips originates, as defined in Government Code Section 53075.5. “Substantially located” shall also mean, for companies establishing a new operation after January 1, 2019, the jurisdiction where a company has its primary business address for the first twelve (12) months of operation. A company or driver may be substantially located in more than one (1) jurisdiction.

“Taxicab” means and includes all motor vehicles engaged in the business of transporting passengers for hire on the streets of the city, irrespective of whether such operations extend beyond the boundary limits of the city; such vehicles being designed for carrying not more than eight (8) persons, excluding the driver; and not operating on regular schedules and over regularly established routes. Specifically excluded from the definition of “taxicab” are vans or other vehicles providing transportation for the handicapped, operated by nonprofit social service organizations.

“Taximeter” means a device attached to or utilized by a taxicab, by means of which device the authorized charge for hire of such vehicle is mechanically calculated on the basis of distance traveled, or for waiting time, or a combination of both, which charges shall be indicated by means of figures in dollars and cents. (Ord. 8-19 § 1 (part))

6.76.020 Insurance required.

A. It is unlawful for any owner to drive, operate, or cause or permit to be driven or operated any taxicab in the city without maintaining ability to respond in damages as required by Section 16500 of the Vehicle Code.

B. It is unlawful for an owner or driver to operate a taxicab unless there is in full force and effect a commercial automobile insurance policy, executed by an insurance carrier authorized to conduct business in the state of California and with an A.M. Best rating of at least A:VII, whereby the owner and driver of each of the taxicabs operated under the permit are insured against liability for damage to property and for injury to or death of any person as a result of the ownership, operation or other use thereof. The minimum liability limits upon each such vehicle shall not be less than one million dollars ($1,000,000) combined single limit for bodily injury to or death of any persons and for damages to or destruction of property in any one (1) accident. Such policy of insurance shall contain an endorsement providing that the policy shall not be canceled or materially modified until notice in writing has been given to the city, addressed to the Chief of Police, at least thirty (30) days immediately prior to the time such cancellation becomes effective. Further, such policy of insurance shall name the city, its officers, agents and employees as additional insured by separate endorsement. Any deviations from these requirements must be approved in writing by the city. Additionally, a vehicle owner and driver shall indemnify, defend and hold harmless the city, its officers, agents and employees from claims arising from or alleged to arise from the negligence of the vehicle owner or driver. (Ord. 8-19 § 1 (part))

6.76.030 Taximeter requirements.

It is unlawful for any owner or driver to operate any taxicab in the city unless and until such vehicle is equipped with a taximeter. A company may use any device or technology approved by the Division of Measurement Standards to calculate fares, including the use of global positioning system metering; provided, that the device or technology complies with Section 12500.5 of the Business and Professions Code and all regulations established pursuant to Section 12107 of the Business and Professions Code. It shall be the duty of every owner operating a taxicab to maintain such taximeter in good serviceable condition so that it will at all times correctly indicate the correct charge for the distance traveled and waiting time. Every taximeter shall be equipped so as to register the cost of transportation of passengers in the city, and the taximeter shall be so placed in the taxicab that the reading dial showing the amount to be charged may be readily seen by the passengers in the taxicab. The owner shall cause such taximeter to be inspected annually by the Alameda County Sealer of Weights and Measures, and shall timely submit a report of such inspection to the Chief of Police. The Chief of Police is hereby authorized at his or her instance or upon complaint of any person to investigate or cause any taximeter to be investigated and, upon discovery of any inaccuracy in such taximeter, to suspend the permit for operation of the taxicab in which it was installed, until the Chief of Police determines such taximeter has been correctly adjusted. (Ord. 8-19 § 1 (part))

6.76.035 Inspection required.

A. Every vehicle operating with a city permit pursuant to this chapter shall be presented by the owner or driver to the Chief of Police for inspection once a year on or before the first day of March to ensure that the vehicle is maintained in a safe operating condition, and in compliance with the Vehicle Code. All vehicles added to the fleet of any permit intended to be operated under the permit shall be brought to the City Police Department for inspection prior to use in the fleet by the owner or driver.

B. It is unlawful for any owner or driver of any taxicab operated in the city to interfere with or prohibit any public safety officer of the city or any person designated by the Chief of Police from at any time inspecting or thoroughly examining any such taxicab or any taximeter used upon any taxicab. (Ord. 8-19 § 1 (part))

6.76.040 Schedule of rates—Customer receipts.

A. Taxicab owners permitted by this chapter shall at all times keep on file with the Chief of Police an up-to-date schedule of rates of fares charged for carrying passengers and it shall be unlawful to charge other than the schedule of rates of fares, surcharges or excess mileage charges filed with the Chief of Police.

B. The driver of any taxicab shall give a receipt, upon request of any passenger, for the fare paid by such passenger. (Ord. 8-19 § 1 (part))

6.76.050 Owner’s identification and rates—Display requirements and fare disclosure.

A. The company shall notify the passenger of the applicable rate prior to the passenger accepting the ride for walkup rides and street hails. The rate may be provided on the exterior of the vehicle, within an application of a mobile telephone, device, or other internet-connected device, or it may be clearly visible in either print or electronic form inside the taxicab.

B. The company shall disclose fares, fees, or rates to the customer, and may satisfy this requirement by disclosing fares, fees, or rates on its internet website, mobile telephone application, or telephone orders upon request by the customer. (Ord. 8-19 § 1 (part))

6.76.055 Maintenance of records.

Each permit owner shall maintain accurate records relating to the ownership and registration of any of the permit owner’s vehicles which it operates under the permit. If the permit owner adds any vehicles to its operations under the permit other than those which it has listed in its application, pursuant to Section 6.76.070(A)(7), the permit owner shall, prior to placing the vehicle into service in Dublin, inform the Chief of Police in writing of such vehicle’s acquisition or transfer to its operations under the Dublin permit and shall give the date upon which such vehicle will be put into service under the permit, and all other information required under this chapter as well as any other information requested by the Chief of Police related to such vehicle, its ownership, or use in the permit owner’s business operations. The permit owner shall also keep accurate records on any vehicles listed in its application, or later acquired, which it removes from service under the permit, including dates of such removal, disposition of the vehicle and details of any transfer of ownership, together with copies of all documents related to such transfer. Prior to the start of the next calendar year quarter after the removal of a vehicle from service under the permit, the permit owner shall inform the Chief of Police in writing of that fact, and furnish any related information required by the Chief of Police. (Ord. 8-19 § 1 (part))

6.76.060 Permits—Required.

A. It is unlawful for any owner or driver who is substantially located in the city to operate in the city unless the owner thereof applies for and obtains a permit in writing from the Chief of Police to do so, which permit shall be nonexclusive and shall be applied for, granted, and in effect, all in compliance with the provisions of this chapter.

B. All owners and drivers shall collect data to determine in what jurisdictions each owner and driver are substantially located. Beginning January 1, 2019, data for prearranged and nonprearranged trips collected in the previous twelve (12) months shall be provided upon application or date of renewal to the city for any owner or driver that is substantially located in the city.

C. Any owner or driver who changes from being substantially located in another jurisdiction to being substantially located in the city shall provide the city with six (6) months’ notice prior to making that change.

D. Any owner or driver who establishes a new taxi operation after January 1, 2019, shall be considered substantially located in the city if the owner or driver maintains its primary business address in Dublin. After the first year of operation, the owner or driver shall submit and the city shall review all data collected in the previous twelve (12) months to determine where the taxicab owner or driver is substantially located. (Ord. 8-19 § 1 (part))

6.76.070 Owner’s permit—Application.

A. The application for such owner’s permit shall be verified under oath by the applicant, and shall set forth:

1. A full identification of the applicant, relevant business information, and all persons to be directly or indirectly interested in the permit, if granted;

2. The residence and business address, including all members of any firm or partnership, or all officers and directors of any corporation applying;

3. The location of the proposed business for which the permit is requested, and the name of the owner and the present use of such premises;

4. The exact nature of the proposed business for which the permit is requested, and the name under which it is to be operated;

5. The past experience of the applicant in the matter to which the requested permit pertains; and the name, address, and past experience of the person to be in charge of the premises or business;

6. Whether or not any prior license or permit to operate a taxicab business has been revoked and, if so, the circumstances of such revocation;

7. The number of vehicles proposed to be operated under the permit, and a complete description of the same including the distinguishing color or colors thereof, the model and year, the manufacturer’s name, the license number and the vehicle registration number; the applicant must be the registered owner of at least five (5) taxicabs to be included in the permit at the time of filing of the application and must maintain at least five (5) taxicabs while operating in the city, unless the applicant is a sole proprietor as defined in this chapter;

8. The make and type of taximeter intended to be installed in each taxicab;

9. A description of the proposed color scheme and insignia or any other distinguishing characteristics to be used to designate the vehicles of the owner;

10. A description of the proposed uniform to be worn by the drivers of applicant’s taxicabs.

B. In addition to the items of information required in subsection A of this section, the applicant shall, together with the permit application, furnish the following:

1. A statement from a responsible, solvent corporation, authorized to issue public liability and property damage insurance in the state of California, that in the event the application is granted, they will issue a policy of insurance to the applicant in the manner and form required by this chapter;

2. A statement that the applicant is the registered owner of each of the vehicles it proposes to operate;

3. A statement that no taxicab shall be kept garaged, serviced, maintained or repaired on any premises where the zoning ordinance of the city does not permit the same;

4. The city may require evidence of every material statement in the application of the ability of applicant to meet the provisions of this chapter, together with such further information as the City Council, or such official of the city to whom the application may be referred, may require;

5. A statement that within the last five (5) years the applicant has not failed to comply with a final court order or administrative action of an investigatory agency finding a violation of applicable federal, state and local wage and hour laws, including, but not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local minimum wage ordinance or prevailing wage requirements. For purposes of this subsection, a final court order or administrative action is one as to which there is no pending appeal and the time for filing an appeal has passed.

C. Permit fees therefor shall be charged by the Chief of Police in the amount established by resolution of the City Council and shall be nonrefundable. (Ord. 8-19 § 1 (part))

6.76.080 Owner’s permit—Action on application.

The Chief of Police shall issue the permit applied for herein if he is satisfied that the requirements of Section 6.76.070 are fully filled, that all persons interested in the operation of the business are of a good moral character, that the equipment to be used is in good mechanical condition and will be operated with due regard for the safety of the public, and that such transporting is necessary to meet the public need. (Ord. 8-19 § 1 (part))

6.76.085 Owner’s permit—Denial.

The Chief of Police may deny a permit to any applicant if it appears to its satisfaction that the applicant has been convicted of a felony or violation of any narcotic law or of any penal law involving moral turpitude; that the applicant’s proposed color scheme or other insignia will tend to confuse the identification of the vehicles proposed to be operated by such applicant with those of another owner operating in the city; that the applicant has failed to provide the necessary information required in Section 6.76.070 or made a material misstatement or misrepresentation in the application; that the applicant has been in violation of any of the terms of this chapter, or of any other laws or regulations relating to the conduct of a taxicab business; that the applicant has had a taxicab license revoked or suspended in the city or any other jurisdiction within five (5) years prior to the date of the application; that the applicant has previously applied for a taxicab permit in the city and been denied within two (2) years prior to the date of the current application; or that any other reasonable cause exists which, within the Chief of Police’s sound discretion, would render the proposed operations undesirable to the city or pose a public health and safety risk. (Ord. 8-19 § 1 (part))

6.76.090 Owner’s permit—Revocation or suspension.

A. The Chief of Police, or designee, may revoke or suspend the permit granted under this chapter, if any of the following determinations are made:

1. If the owner fails to operate taxicabs in accordance with the provisions of this chapter, violates any state law or provisions of this code relating to traffic or use of streets, or violates any narcotic law or any penal law involving moral turpitude, or is convicted of a felony;

2. If the owner discontinues or suspends service for a period of ten (10) days without first having obtained permission from the Chief of Police;

3. If the owner refuses to accept a request for service anywhere within the corporate limits of the city, having vehicles and drivers available for service;

4. If taxicabs are operated at a rate of fare other than that specified in the permit’s rate schedule then in effect;

5. For any materially false statements in application for the permit or any extensions thereof, or in any information required to be furnished under this chapter, or for the failure to furnish any material or information required to be furnished to city under this chapter;

6. Failure of the owner to pay, when due, any applicable fees imposed by the city;

7. If the applicant has failed to comply with a final court order or administrative action of an investigatory agency finding a violation of applicable federal, state and local wage and hour laws, including, but not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local minimum wage ordinance or prevailing wage requirements, or if the applicant has failed to pay any judgment for damages arising from the unlawful or negligent operation of the taxicab for which the permit was issued. For purposes of this subsection, a final court order or administrative action is one as to which there is no pending appeal and the time for filing an appeal has passed.

B. The Chief of Police shall initiate revocation or suspension proceedings by giving written notice to the owner that an appeal of the initial decision must be received in writing within fourteen (14) calendar days of being notified of the revocation or suspension.

C. Failure to request a hearing within the required time period pursuant to Section 1.04.050 shall be deemed a failure to exhaust administrative remedies.

D. Any person whose permit is revoked shall not be eligible to apply for another permit for a period of one (1) year from the date of such revocation. (Ord. 8-19 § 1 (part))

6.76.095 Owner’s responsibilities for maintenance and compliance with laws.

A. It shall be the responsibility of the owner to assure that every taxicab operated under its permit is in safe working order and meets the requirements of the Vehicle Code of the state of California. The interior and exterior of each taxicab shall be clean and well maintained at all times when in operation.

B. All accidents, regardless of the jurisdiction of occurrence, arising from or in connection with the operation of taxicabs which result in death or injury to any person, or in damage to any vehicle, or to any property in an amount exceeding the sum of one hundred dollars ($100), shall be reported to the Chief of Police within ten (10) days from the time of occurrence.

C. All owners shall ensure all drivers comply with the provisions of this chapter.

D. All owners shall comply with all relevant state law provisions regarding the operation of a taxicab, including, but not limited to, Section 53075.5(h) of the California Government Code. (Ord. 8-19 § 1 (part))

6.76.100 Driver’s permit—Application.

A. Applicants for a driver’s permit shall file written applications containing the following information with the Chief of Police:

1. The name and address of the applicant;

2. The name and address of the applicant’s employer;

3. The license number and vehicle identification number of the taxicab to be operated by the applicant;

4. The applicant’s driver’s license number;

5. A statement that the applicant has not been convicted of any crime involving moral turpitude;

6. Such other information as the Chief may require.

B. Permit fees therefor shall be charged by the Chief of Police in the amount established by resolution of the City Council and shall be nonrefundable. (Ord. 8-19 § 1 (part))

6.76.110 Driver’s permit—Action on application.

A. Upon application for a driver’s permit, and before it shall be issued, the driver, whether the owner or otherwise, must show evidence that he or she has a valid California driver’s license to operate the type of vehicle for which the driver’s permit is sought. Upon satisfying the foregoing requirements, said driver shall be fingerprinted and photographed and his or her record filed in the Police Department. No such driver’s permit shall be granted to any person under the age of eighteen (18) years.

B. A driver’s permit may be denied pursuant to the same grounds for suspension or revocation under Section 6.76.120.

C. No such driver’s permit issued hereunder shall be transferable in any event. (Ord. 8-19 § 1 (part))

6.76.115 Driver’s permit—Issuance and termination.

A. Upon approval of an application for a driver’s permit and upon payment of the fee in an amount to be established by resolution, the Chief of Police shall issue a nontransferrable permit to the applicant. Such permit shall bear the name and photograph of the applicant, date of expiration of the permit, and the name of the employer for which the driver is authorized to operate a vehicle. The permit holder shall post the permit in the taxicab in view of the passengers therein, during all working hours. The driver’s permit shall become void upon termination of employment.

B. Upon the termination of any driver’s employment, the owner by whom such driver has been employed shall immediately give the Chief of Police written notice of such termination, and the reasons therefor, and shall forthwith surrender the driver’s permit to the Chief of Police for cancellation. It is the obligation of the owner to retrieve the driver’s permit from the terminated driver and to immediately forward the driver’s permit to Chief of Police with the written notice of termination. (Ord. 8-19 § 1 (part))

6.76.120 Driver’s permit—Revocation or suspension.

A. Any person issued a driver’s permit who subsequently is convicted of any felony or misdemeanor offense or who ceases to possess a valid state of California driver’s license of the class required by state law for the operation of taxicabs shall immediately so inform his or her employer and the Chief of Police.

B. The Chief of Police may deny, revoke or suspend any driver’s permit for repeated violations of this chapter; or if the driver’s state of California Department of Motor Vehicles record includes four (4) or more moving violations within the preceding twelve (12) month period; or for any felony conviction or misdemeanor conviction of moral turpitude; or if the Chief of Police determines that the driver is a danger to the public safety; or upon substantial evidence of facts of either physical or moral deficiencies which would render such person incompetent to operate a taxicab.

C. When the Chief of Police intends to revoke or suspend a driver’s permit, he or she shall give the permit holder written notice of intent. The notice shall set forth the grounds upon which such revocation or suspension is contemplated, and shall inform the permit holder that he or she has ten (10) days from the date of such notice to file a written request for a hearing. The permit may be revoked if a request for a hearing is not received within the ten (10) day period. If the permit holder files a timely request for hearing, the Chief of Police shall set a time and place for such hearing, and shall consider all relevant evidence and testimony prior to making a decision thereon. The decision of the Chief of Police is final and no appeal may be made therefrom. (Ord. 8-19 § 1 (part))

6.76.130 Permit renewal.

The holder of every owner’s permit and every driver’s permit shall renew such permits annually by application to the Chief of Police and payment of such renewal fees as may be established by resolution of the City Council. The permit shall be renewed if the applicant meets all the conditions herein for issuance of a permit. Applications for permit renewals must be received by the Chief of Police no later than thirty (30) days before the date of expiration, and the City Council may establish late fees for failure to timely submit renewal applications. (Ord. 8-19 § 1 (part))

6.76.135 Refusal of service.

It is unlawful for any driver to refuse, when the vehicle is in service and not otherwise engaged, to transport any person who requests such service in a sober and orderly manner and for a lawful purpose. Taxicab companies shall not prejudice, disadvantage, or require different rates or provide different service to a person because of race, national origin, religion, color, ancestry, physical disability, medical condition, occupation, marital status, or any characteristic listed or defined in Section 11135 of the Government Code. (Ord. 8-19 § 1 (part))

6.76.140 Testing of taxicab drivers for controlled substances and alcohol.

A. Each owner of a taxicab permit or holder of a taxicab driver’s permit shall maintain a mandatory controlled substance and alcohol testing certification program conforming to Part 40 of Title 49 of the Code of Federal Regulations and California Government Code Section 53075.5 for all drivers of vehicles operated under the permit. The program shall contain requirements for rehabilitation, return-to-duty, follow-up testing and other requirements conforming substantially to Part 382 of Title 49 of the Code of Federal Regulations. No taxicab owner’s permit or taxicab driver’s permit shall be issued or renewed unless proof of this mandatory program is submitted to the Chief of Police.

B. No taxicab owner’s permit shall be issued or renewed unless the holder at the time of issuance or renewal files with the Chief of Police a certification that each driver of vehicles operated under the permit has tested negatively for controlled substances under a mandatory controlled substance testing certification program conforming to Part 40 of Title 49 of the Code of Federal Regulations and California Government Code Section 53075.5.

C. No taxicab driver’s permit shall be issued or renewed unless the applicant and the permit owner for which the driver is authorized to operate a vehicle both certify that the driver has tested negatively for controlled substances under a mandatory controlled substance and alcohol testing certification program conforming to Part 40 of Title 49 of the Code of Federal Regulations and California Government Code Section 53075.5. Upon the request of a driver applying for a permit, the city shall provide the driver a list of the consortia certified pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations that offer tests in or near the city. (Ord. 8-19 § 1 (part))

6.76.150 Administrative fines.

The city may impose an administrative fine against any person, firm or corporation that is found to have operated a taxicab in the city without a valid permit pursuant to this chapter. The minimum fine for operating without a permit in violation of this chapter shall be five thousand dollars ($5,000). The city may also impose administrative fines for all other violations pursuant to Section 1.04.030. (Ord. 8-19 § 1 (part))

6.76.160 Appeal to City Council.

If the applicant or permittee is dissatisfied with the action of the Chief of Police in refusing, suspending or revoking the permits provided for herein, such person may appeal to the City Council from such action by the Chief of Police as provided in Section 1.04.050. (Ord. 8-19 § 1 (part))