Chapter 5.40
FOR HIRE VEHICLE BUSINESS
Sections:
5.40.010 For hire license required.
5.40.040 Business license – Driver’s endorsement – Requirements.
5.40.050 Inspection of equipment.
5.40.060 Investigation of applicant.
5.40.070 Grant or denial of license – Nontransferability.
5.40.080 Operation regulations.
5.40.090 Suspension and revocation.
5.40.010 For hire license required.
No “for hire” operator shall operate a for hire vehicle within the city without first obtaining a business license from the city issued under this chapter, and no person shall drive a for hire vehicle without a driver’s endorsement issued under this chapter. (Ord. 3096 § 1 (Exh. A), 2013).
5.40.020 Definitions.
A. The term “for hire vehicle” includes all vehicles used for the transportation of passengers for compensation, including taxis, except auto stages, school buses operating exclusively under a contract to a school district, ride-sharing vehicles under Chapter 46.74 RCW, limousine carriers licensed under Chapter 46.72A RCW, vehicles used by nonprofit transportation providers for elderly or handicapped persons and their attendants under Chapter 81.66 RCW, vehicles used by auto transportation companies licensed under Chapter 81.68 RCW, vehicles used to provide courtesy transportation at no charge to and from parking lots, hotels, and rental offices, and vehicles used by charter party carriers of passengers and excursion service carriers licensed under Chapter 81.70 RCW; and vehicles or business separately licensed by the city; for example, horse taxis (Chapter 5.42 PTMC); provided, such businesses are required to obtain a business license from the city unless the same is preempted by the state of Washington.
B. The term “for hire operator” means and includes any person, concern, or entity engaged in the transportation of passengers for compensation in for hire vehicles.
C. “Vehicle” includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles.
D. “Compensation” includes any payment or receipt of any fare, charge or money, and includes situations where money may be exchanged between a passenger and driver or operator in any manner, including on a donation basis. (Ord. 3096 § 1 (Exh. A), 2013).
5.40.030 Application.
Application for a for hire business license and a for hire driver’s endorsement shall be made on forms provided by the finance director (or designee) and shall include (A) the name and address of the owner or owners, and if a corporation, the names and addresses of the principal officers thereof; (B) name and valid driver’s license of all operators of any vehicle to be operated; (C) name and motor number of any vehicle to be operated; and (D) such other information as the director may require consistent with the requirements of this chapter. (Ord. 3096 § 1 (Exh. A), 2013).
5.40.040 Business license – Driver’s endorsement – Requirements.
A. No business license shall issue unless the finance director receives a complete application for a business license and until the following have been met:
1. The applicant provides the finance director evidence of a valid state of Washington for hire license, and/or other state license(s) required for the operator, and shows compliance with all state of Washington requirements for the business operation if the same is required by the state.
2. The applicant provides the finance director evidence of insurance meeting the requirements of state law for a for hire operator, pursuant to Chapter 46.72 RCW. Such insurance shall name the city as an “additional insured” for all coverage, and provide that it will not be cancelled without 30 days’ written notice of cancellation previously given to the finance director.
3. The chief of police (or designee) makes an appropriate background investigation pursuant to PTMC 5.40.060 and determines that the issuance of a license to the operator and endorsement to the driver(s) would be consistent with the public health, safety and welfare, and with the requirements of this chapter.
4. The applicant, pursuant to PTMC 5.40.050, provides the finance director evidence of satisfactory vehicle inspection.
5. The applicant has complied with all state and local laws pertaining to the business, and has complied with the provisions of this chapter, and not made a material misstatement of fact on the application form.
6. The applicant pays the finance director all license fees required by the city.
B. No person shall be permitted to obtain an endorsement for the driving of a for hire vehicle unless the finance director receives a complete application for a business license and the following requirements are met:
1. Possession of a valid Washington driver’s license;
2. Not having been convicted of a felony crime against a person that directly relates to the business or operation of a for hire vehicle, or of operating a motor vehicle while under the influence of intoxicating liquor or drugs, or of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs, or of reckless driving, within five years preceding the date of the application for a driver’s endorsement;
3. Not having been convicted of three or more moving violations during a one-year period during the five years preceding the date of the application for a driver’s endorsement. (Ord. 3096 § 1 (Exh. A), 2013).
5.40.050 Inspection of equipment.
Every licensee shall, before commencing operation, file with the finance director a certificate of inspection showing all vehicles licensed pursuant to this chapter have been inspected by a reliable automotive concern, approved by the chief of police and certified as safe for “for hire” operation by the automotive concern. Each 12 months thereafter, the vehicles must be reexamined by a reliable automotive concern and recertified as safe for operation as a for hire vehicle pursuant to the terms and conditions of this chapter. In addition to the inspections provided in this section, all vehicles operating under the authority of this chapter shall be available for inspection at any time and at any place by the chief of police (or designee), who shall order any vehicle to cease operation immediately if it is determined the vehicle is in an unsafe condition. (Ord. 3096 § 1 (Exh. A), 2013).
5.40.060 Investigation of applicant.
Upon filing an application for a business or a driver’s endorsement, the finance director shall refer it to the chief of police, who within 10 business days shall in manner he or she determines appropriate make a background investigation into all matters relating to the application and into the character and past record of the applicant and driver(s), and whether the qualifications in PTMC 5.40.040 are met, and such investigation shall include all available information pertaining to the application, and report the same to the finance director with his or her recommendation. The applicant is responsible to pay the costs of any investigation before the investigation is undertaken. (Ord. 3096 § 1 (Exh. A), 2013).
5.40.070 Grant or denial of license – Nontransferability.
The finance director shall, not more than 20 days following receipt of a complete application, or an additional amount of time needed for good cause, issue the business license and the endorsement of any operator of a for hire vehicle unless the requirements of this chapter are not met. The license (or accompanying document) shall name the operator and those authorized to operate the for hire vehicle. The applicant shall be advised in writing if the director’s decision is denial and the reasons therefor. The applicant shall have a right of appeal pursuant to the procedures in Chapter 5.08 PTMC, Business Licenses.
Such licenses shall not be transferable. (Ord. 3096 § 1 (Exh. A), 2013).
5.40.080 Operation regulations.
The operation of a for hire business shall be governed by the following regulations, in addition to all other regulations of statute or ordinance:
A. A business licensed to operate a for hire business and a person with an endorsement to operate a for-hire vehicle must maintain compliance with the requirements of this chapter.
B. A person with an endorsement to operate a for hire vehicle shall immediately cease operation of the for hire vehicle if the person has had his or her license suspended, has been convicted of a felony crime against a person that directly relates to the business or operation of a for hire vehicle, or of operating a motor vehicle while under the influence of intoxicating liquor or drugs, or of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs, or of reckless driving; or having been convicted of three or more moving violations during a one-year period. The person shall, within 10 days of the event, report any felony conviction and any moving violation(s) to the finance director.
C. No person shall operate or be in actual physical control of a for hire vehicle while under the influence of intoxicating liquor or drugs.
D. Every person engaged in the business of operating for hire vehicles shall maintain a business address and a mailing address where the owner can accept mail and a business telephone in working order that shall be answered during normal business hours, Monday through Friday, and during all hours of operation.
E. Drivers of for hire vehicles employed to carry passengers to a definite point shall take the most direct route possible that will carry the passengers safely and expeditiously to the passengers’ destination.
F. Operators shall post the schedule of fares in the vehicle in large letters in plain view of the passenger(s), and not charge more than the scheduled fare.
G. Operators of the vehicle shall post or display in a prominent manner his or her name in large letters in plain view of the passenger(s). Operators on request of a law enforcement officer shall provide his or her driver’s license and the endorsement issued by the finance director to drive a for hire vehicle.
H. No taxi stand or zone may be operated without the written permission of the chief of police, and subject to such conditions as the chief deems appropriate. (Ord. 3096 § 1 (Exh. A), 2013).
5.40.090 Suspension and revocation.
Procedures set forth in Chapter 5.04A PTMC apply to suspension, revocation and appeal of license issued under this chapter. (Ord. 3096 § 1 (Exh. A), 2013).
5.40.100 Fees.
A license shall be procured by any firm, corporation, partnership, association or individual managing the operation of any for hire vehicle in the city. The license fee for each such license shall be $100.00 for the calendar year or remaining portion thereof in which the same is taken. The fee shall include a license to operate one vehicle under the master license. Additional vehicles owned and operated by the holder of such a license may be licensed at $50.00 each for the calendar year. In addition to the above, there is a license fee of $50.00 per driver. In case of licenses issued on or after July 1st of each year only one-half of the above fees shall be paid. (Ord. 3096 § 1 (Exh. A), 2013).