HomeMy WebLinkAbout2023-77 - Adopting City Council Policy F-12, Establishing a Regulatory Framework for Operation and Permitting of Taxicab Businesses, Drivers, and Vehicles that are Substantially Located Within the Jurisdictional Boundaries of the CityRESOLUTION NO. 2023-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING CITY
COUNCIL POLICY F-12 ESTABLISHING A REGULATORY
FRAMEWORK FOR OPERATION AND PERMITTING OF
TAXICAB BUSINESSES, DRIVERS, AND VEHICLES THAT
ARE SUBSTANTIALLY LOCATED WITHIN THE
JURISDICTIONAL BOUNDARIES OF THE CITY
WHEREAS, the City of Newport Beach ("City") is governed by its Charter, its
Municipal Code, and adopted City Council Policies;
WHEREAS, Government Code Section 53075.5 requires every city in which a
taxicab company is substantially located to protect the public health, safety, and welfare
by adopting an ordinance or resolution in regard to taxicab transportation services
operated within the jurisdiction of the city,
WHEREAS, Government Code Section 53075.5 permits a city to enter into an
agreement with a transit agency for the purpose of administering permits regulating
taxicab transportation services on behalf of a city;
WHEREAS, on November 24, 1997, the City Council adopted Ordinance 97-39
adding Chapter 5.17 to the Newport Beach Municipal Code ("NBMC") and establishing
authority for the regulation of taxicab operation and permitting through the Orange County
Taxi Administration Program ("OCTAP");
WHEREAS, OCTAP established uniform regulations applicable to taxicab
companies, drivers, and vehicles to satisfy the regulatory requirements imposed by the
Government Code ("OCTAP Regulations");
WHEREAS, OCTAP subsequently dissolved, rendering the OCTAP Regulations
inapplicable; and
WHEREAS, the City Council desires to adopt a regulatory framework to replace
the OCTAP Regulations, to comply with Government Code Section 53075.5, and to
govern the operation and permitting of taxicab businesses, drivers, and vehicles that are
substantially located within the jurisdiction of the City.
Resolution No. 2023-77
Page 2 of 3
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council of the City of Newport Beach hereby adopts City
Council Policy F-12, which is attached hereto and incorporated by this reference, which
regulates the operation and permitting of all taxicab businesses, drivers, and vehicles that
are substantially located within the jurisdictional boundaries of the City.
Section 2: All prior resolutions regulating taxicabs that are in conflict with this
resolution or City Council Policy F-12, attached hereto, are hereby repealed.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution and each section,
subsection, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
Section 5: Except as expressly modified in this resolution, all other City Council
Policies, sections, subsections, terms, clauses and phrases set forth in the Council Policy
Manual shall remain unchanged and shall be in full force and effect.
Section 6: The City Council finds the adoption of this resolution and City Council
Policy F-12 are not subject to the California Environmental Quality Act ("CEQA") pursuant
to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a project
as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations,
Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change
to the environment, directly or indirectly.
Resolution No. 2023-77
Page 3 of 3
Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 14th day of November, 2023.
ATTEST:
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Leilani I. Brown �=
City Clerk
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APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
Attachment: Exhibit 1 — City Council Policy F-12 Taxicab Regulations
EXHIBIT 1
City Council Policy F-12 Taxicab Regulations
(See attached)
TAXICAB REGULATIONS
APPLICATION
1.1. These Regulations apply to all Taxicab Businesses that are Substantially Located
in the City, and its affiliated Drivers and Taxicabs.
1.2. These Regulations are supplemental to Chapter 5.17 of the Municipal Code.
2. DEFINITIONS
2.1. "ASE" means the National Institute for Automotive Service Excellence.
2.2. "Advertisement" means the issuance of any card, sign, or device to any person,
the causing, permitting, or allowing the placement of any sign or marking on or in
any building or structure, or in any media form, including newspaper, magazine,
radiowave, satellite signal, or any electronic transmission, or in any directory
soliciting Taxicab services subject to these Regulations.
2.3. "BAR" means the Bureau of Automotive Repair.
2.4. "City" means the City of Newport Beach.
2.5. "DOJ" means the Department of Justice of the United States of America.
2.6. "Driver" means a person who drives or controls the movements of a taxicab.
2.7. "DMV" shall mean the California Department of Motor Vehicles.
2.8. "DOT" shall mean the U.S. Department of Transportation.
2.9. "Municipal Code" means the City of Newport Beach Municipal Code.
2.10. "Owner" means a person who is registered with the DMV as the owner of a vehicle
used as a taxicab, or who has a legal right to possession or control of such vehicle
pursuant to a lease or other agreement. The act of any driver of a vehicle used as
a taxicab shall be deemed an act of the owner.
2.11. "Permittee" means a Person that holds a valid Taxicab Business Permit, and
includes its officers, management, employees, drivers, volunteers, agents,
leaseholders, and owner -operators, jointly and severally.
2.12. "Person" "person" means any individual, firm, partnership, joint venture, limited
liability company, association, social club, fraternal organization, corporation,
estate, trust, business trust, receiver, assignee for the benefit of creditors, trustee,
trustee in bankruptcy, syndicate, the United States, this State, any county, city and
county, municipality, district, or other political subdivision of the State, or any other
group or combination acting as a unit.
2.13. "Prearranged Trip" means a trip using an online enabled application, dispatch, or
Internet website.
2.14. "Regulations" means these regulations.
2.15. "Regulatory Authority" means the County of Orange and any city within Orange
County where a taxicab business is substantially located.
2.16. "Substantially Located" means either of the following: the city or county where a
Taxicab Business is primary located; or, the city or county where the total number
of prearranged and non -prearranged trips that originate account for the largest
share of the Taxicab Business's total number of trips over the previous calendar
year as determined annually.
2.17. "Taxicab" means a vehicle capable of carrying no more than eight persons,
excluding the driver, and used to carry passengers for hire. The term shall exclude
a vehicle operating as a charter party carrier licensed as such by any state agency,
including the California Public Utilities Commission, a rideshare as defined in Veh.
Code Section 522, or any other vehicle operating under the authority of any state
agency, including the California Public Utilities Commission.
2.18. "Taxicab Business" means any enterprise, whether carried on for profit or
otherwise, that operates Taxicabs.
2.19. "Taxicab Business Permit" means a valid permit issued by the City authorizing a
Person to operate a Taxicab Business.
2.20. "Taxicab Driver's Permit" means a valid permit issued by the City authorizing a
person to drive or control the movements of a Taxicab.
2.21. "Taxicab Vehicle Permit" means a valid permit issued by the City authorizing a
particular vehicle to be operated as a Taxicab.
2.22. "Taximeter" means a fully operational device with current and intact seals or
technology approved by the Division of Measurement Standards to calculate fares,
including the use of Global Positioning System metering, that complies with
Business and Professions Code Section 12500.5 and with all regulations
established pursuant to Business and Professions Code Section 12107.
3. GENERAL RULES AND REQUIREMENTS
3.1. Permittee. A Permittee shall:
3.1.1. Be responsible for all Taxicabs under its possession, custody control, or
driven on Permittee's behalf or for its benefit;
3.1.2. Be responsible for the acts or omissions of all Drivers while they operate
a Taxicab on Permittee's behalf, under its authority, or for its benefit;
3.1.3. Ensure all Taxicabs are driven only by Persons with a Taxicab Driver's
Permit;
3.1.4. Notify the City within two (2) calendar days of an affiliated Driver who
becomes unqualified or unauthorized to drive a Taxicab, or upon
termination of employment or affiliation with a Driver;
3.1.5. Maintain all programs and requirements for receiving a Taxicab
Business Permit;
3.1.6. Verify the continuous enrollment of affiliated Drivers in Permittee's drug
and alcohol testing program and DMV Pull Notice program;
3.1.7. Cooperate fully with City staff and law enforcement;
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3.1.8. Notify the City within two (2) calendar days when vehicles are removed
from service and surrender Taxicab Vehicle Permits in accordance with
these Regulations;
3.1.9. Maintain reasonable financial responsibility to conduct Taxicab
transportation services in accordance with these regulations;
3.1.10. Maintain a safety education and training program in effect for all Drivers,
whether employees or contractors;
3.1.11. Maintain a disabled access education and training program to instruct
Drivers on compliance with the federal Americans with Disabilities Act
of 1990 (42 U.S.C. Section 12101 et seq.) and amendments thereto, and
state disability rights laws, including making clear that it is illegal to
decline to serve a person with a disability or who has a service animal;
3.1,12. Disclose fares, fees, and rates to the customer on its internet website,
mobile telephone application, or telephone orders, upon request;
3.1.13. Maintain and keep records, logs, or receipts of vehicle maintenance for
all Taxicabs issued a Taxicab Vehicle Permit, showing that the Taxicab
is maintained in accordance with the service standards recommended
by the vehicle manufacturer, and making such records available to the
City upon request;
3.1.14. Collect data that demonstrates the total number of prearranged and non -
prearranged trips that originate within a particular local jurisdiction for
the purpose of determining where that Taxicab company is substantially
located, and provide that data promptly and in a format acceptable to
the City upon request during regular business hours; and
3.1.15. Ensure compliance of its Taxicab Business with all applicable federal,
state, and local laws, rules and regulations.
3.2. Drivers. A Driver shall:
3.2.1. Be responsible for the operation of a Taxicab under its possession,
custody, or control;
3.2.2. Possess and display at all times while a Taxicab is in operation a valid
Taxicab Driver's Permit issued to that Driver which identifies the
Permittee;
3.2.3. Display its Taxicab Driver's Permit on the passenger side area of the
dashboard of the Taxicab in a manner that is easily viewable from inside
or outside of the Taxicab, except that the driver's license number may
be covered by a removable label, if desired;
3.2.4. Affix its Taxicab Driver's Permit to the Taxicab in a way that makes it
easily removable by the Driver to provide to law enforcement or code
enforcement upon request;
3.2.5. Maintain its Taxicab Driver's Permit free from alterations, defacement or
damage, excepting normal wear and tear that does not render it illegible;
3.2.6. Not display another Person's driver's permit, nor allow another Person
to use their Taxicab Driver's Permit;
3.2.7. Not operate a Taxicab without a valid Taxicab Vehicle Permit issued for
that Taxicab;
3.2.8. Not operate a Taxicab that does not meet all requirements of these
Regulations;
3.2.9. Not carry more passengers in the Taxicab than authorized by the
manufacturer's recommendations;
3.2.10. Ensure operational seat belts are available for all passengers;
3.2.11. Not leave the Taxicab to solicit passengers;
3.2.12. Maintain the passenger compartment in a clean and sanitary condition;
3.2.13. Not charge fares higher than those disclosed to the customer, and not
in contravention of these Regulations or in an amount that exceeds the
maximum established by the City;
3.2.14. Only carry a passenger to the destination by the most direct and
accessible route;
3.2.15. Provide a receipt for the amount charged upon request of the person
paying the fare, which contains the Driver's name and Taxicab Driver's
Permit number, telephone number, Permittee's name, charge amount,
date, and time of transaction;
3.2.16. Comply with the minimum requirements for the mandatory exchange of
information established in Veh. Code Section 16025 in the event of an
automobile accident;
3.2.17. Continuously operate the Taximeter at any time that the Driver is
carrying a customer;
3.2.18. Cooperate with the Permittee, code enforcement, and law enforcement
to ensure compliance with law, including random testing of Drivers and
Taxicab inspections; and
3.2.19, Operate the Taxicab in accordance with all applicable law, including
these Regulations, and with due regard for the safety, comfort, and
convenience of passengers and the general public.
3.3. Taxicabs. An Owner, Driver, and Permittee shall be jointly and severally
responsible to ensure that a Taxicab:
3.3.1. Displays its Taxicab Vehicle Permit as required by these Regulations at
all times while the Taxicab is being operated;
3.3.2. Meets the requirements of the Veh. Code, including, but not limited to,
Veh. Code Section 24000, et seq;
3.3.3. Equals or exceed the standards set forth in these Regulations at all
times;
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3.3.4. Carries at all times evidence of financial responsibility pursuant to Veh.
Code Sections 16020 through 16028;
3.3.5. Carries at all times valid and current vehicle registration pursuant to Veh.
Code Section 4462, showing that the Taxicab is registered as a
commercial vehicle pursuant to Veh. Code Section 260;
3.3.6. Displays the Permittee's name and logo, if any, in an area visible from
the interior and exterior of the Taxicab at all times while in service and
when soliciting passengers on behalf of Permittee;
3.3.7. Displays the Permittee's name and logo, and the number by which the
Taxicab is designated, conspicuously on the outside of each Taxicab by
print, stamp, or stencil;
3.3.8. Be equipped to seat no more than eight (8) passengers, excluding the
Driver; and
3.3.9. For on -demand (flagged) trips, possess a fully operational Taximeter.
4. FARES
4.1. Maximum Fare. A Permittee may set fares or charge a flat rate for Prearranged
Trips. The metered rates for on -demand (flagged) trips shall not exceed those set
forth in Attachment A.
4.2. Calculating Fares. A Permittee may use any type of 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 Business and Professions Code Section 12500.5, and
with all regulations established pursuant to Business and Professions Code
Section 12107.
4.3. Disclosure of Fares. A Permittee shall disclose fares, fees, or rates to the
customer. A Permittee may satisfy this requirement by disclosing fares, fees, or
rates on its Internet Web site, mobile telephone application, or telephone orders
upon request by the customer.
4.4. Notification of Rate. A Permittee shall ensure the applicable rate is disclosed to
a passenger prior to the passenger accepting a ride for walkup rides and street
hails. The rate may be provided on the exterior of the Taxicab, within an application
of a mobile telephone, device, or other Internet -connected device, or be clearly
visible in either print or electronic form inside the Taxicab.
5. FEES
5.1. Fees. The City shall recover its costs incurred in the administration of these
Regulations by the adoption of a schedule of fees included in the City's Schedule
of Rents, Fines, and Fees.
5.2. Refund Policy. There shall be no refund of any portion of the fees described in
these Regulations.
6. TAXICAB BUSINESS PERMITS
6.1. Permit Required. No Person shall operate a Taxicab Business that is
Substantially Located in the City without having first obtained a Taxicab Business
Permit.
6.2. Term. A Taxicab Business Permit shall expire five (5) years from its effective date,
unless renewed or revoked.
6.3. Issuance. A Taxicab Business Permit shall be issued by the City if all of the
following requirements have been satisfied.
6.3.1. Submission of a complete application package.
6.3.2. Submission of a copy of a drug and alcohol policy that complies with 49
Code of Federal Regulations Part 40 (Section 40.1 et seq.) and Part 382
(Section 382.101 et seq.) and Gov. Code Section 53075.5 for all Drivers
and meeting the following requirements:
6.3.2.1. A contract with a drug and alcohol program administrator and
authorized lab certified by the DOT;
6.3.2.2. Procedures in substantial compliance with Part 40 of Title 49
of the Code of Federal Regulations, for preemployment or
pre -licensing and licensing renewal;
6.3.2.3. Procedures in substantial compliance with Part 382 of Title 49
of the Code of Federal Regulations for rehabilitation, return -
to -duty and follow up testing;
6.3.2.4. Procedures and components for random testing following
DOT guidelines, annual minimum random testing rates, and
additional tests as required following accidents, rehabilitation,
return -to -service, and other circumstances providing
reasonable suspicion to test;
6.3.2.5. When requested, random testing reports to be made available
to the City by the program administrator;
6.3.2.6. The applicant's and program administrator's records shall be
made available to the City upon request within two (2)
calendar days;
6.3.2.7. The test results must be provided to the City by the testing
facility; and
6.3.2.8. Drivers must show a valid California driver license at the time
and place of testing.
6.3.3. Submission of proof of insurance in the type and amounts required by
the City, including endorsements and waivers as may be required by the
City Risk Manager, but in no event less than the minimum coverage
required by Gov. Code Section 16500, as may be amended.
6.3.4. Submission of a DMV Pull Notice Program Requester Code Number
issued to applicant, as defined in Veh. Code Section 1808.1, continuous
enrollment in the Pull Notice program, and the following:
6.3.4.1. All Drivers must be enrolled in the program within seven (7)
calendar days from inception of the program or date of
affiliation;
6.3.4.2. Notify the City upon receipt of a DMV Pull Notice for any Driver
that indicates an action that disqualifies the Driver for a
Taxicab Driver's Permit;
6.3.4.3. Require the Driver to immediately cease operation and
surrender their Taxicab Driver's Permit, and return the
Taxicab Driver's Permit to the City within two (2) calendar
days of a DMV Pull Notice receipt; and
6.3.4.4. DMV Pull Notice records shall be made available to the City
within two (2) calendar days of request.
6.3.5. Submission of proof of current DMV registration for each Taxicab listed
in the Taxicab Business Permit application, which complies with the
registration requirements set forth in these Regulations.
6.3.6. Submission of proof of completion of a DOJ background check with Live
Scan fingerprinting at an approved DOJ finger printing agency for each
owner, partner, or principal of the applicant, the results of which shall not
contravene the requirements of these Regulations.
6.3.7. Submission of proof of enrollment in the DOJ subsequent arrest
notification program.
6.3.8. Submission of a list of all Drivers authorized to operate Permittee's
Taxicabs.
6.3.9. Payment of all applicable fees.
6.3,10. Identification of the principal place of business from which Taxicab
Business is, or will be, conducted.
6.3.11. There are no grounds for denial of a Taxicab Business Permit as
outlined in these Regulations.
6.4. Denial. A Taxicab Business Permit application shall be denied on any of the
grounds set forth in this section.
6.4.1. The applicant is less than 18 years of age.
6.4.2. The applicant falsifies material information on its application.
6.4.3. The applicant does not meet the additional eligibility standards in
Section 9 of these Regulations.
6.4.4. The applicant fails to fully satisfy any court judgment entered against it
arising from liability for operating a Taxicab Business, including, but not
limited to, judgments related to collisions or operating without the
requisite insurance, within ten (10) years from the date that the judgment
was originally entered pursuant to Code of Civil Procedure Sections
683.020 and 683.030, or if the judgment has been renewed, within ten
(10) years from the date that the application for renewal of judgment is
filed pursuant to Code of Civil Procedure Section 683.120.
6.5. Suspension or Revocation.
6.5.1. A Taxicab Business Permit may be suspended or revoked for any of the
following reasons:
6.5.1.1. Providing late, false, or inaccurate information in the
application;
6.5.1.2. Allowing operation of a Taxicab by a Person not possessing a
valid Taxicab Driver's Permit;
6.5.1.3. Charging fares at a rate higher than the maximum authorized;
6.5.1.4. Failure to cooperate in good faith with law enforcement
officers, code enforcement officers, or City staff;
6.5.1.5. Failure to maintain insurance as required by these
Regulations;
6.5.1.6. Failure to comply with the drug and alcohol policy required by
these Regulations;
6.5.1.7. Failing to fully satisfy any court judgment entered against the
Permittee arising from liability for operating Taxicabs,
including, but not limited to, judgments related to collisions or
operating without the requisite insurance, within ten (10) years
from the date that the judgment was originally entered
pursuant to Code of Civil Procedure Sections 683.020 and
683.030 or, if the judgment has been renewed, within ten (10)
years from the date that the application for renewal of
judgment is filed pursuant to Code of Civil Procedure Section
683.120;
6.5.1.8. Circumstances providing grounds for denial of a Taxicab
Business Permit as outlined in these Regulations;
6.5.1.9. Violating Gov. Code Section 53075.9 pertaining to
advertising; or
6.5.1.10. Failure to comply with these Regulations.
6.5.2. The period of suspension shall be one (1) year from the date all
operation of Taxicab Business Substantially Located in the City has
ceased in compliance with the suspension.
6.5.3. A Person whose Taxicab Business Permit is revoked shall be ineligible
to apply for a Taxicab Business Permit for two (2) years from the date
all operations of a Taxicab Business Substantially Located in the City
have ceased in compliance with the revocation.
6.5.4. It shall be the duty of the Taxicab Business to notify the City when
operations have ceased in compliance with a suspension or revocation,
or after the period of suspension or revocation has elapsed, provide
adequate proof to the satisfaction of the City of the date that operations
ceased in compliance with the suspension or revocation.
7. TAXICAB DRIVER'S PERMITS
7.1. Permit Required. No person shall operate a Taxicab on behalf of a Taxicab
Business that is Substantially Located in the City unless that person is operating
on behalf of a Permittee and possesses a Taxicab Driver's Permit.
7.2. Term. A Taxicab Driver's Permit shall expire two (2) years from its effective date,
unless renewed or revoked.
7.3. Restrictions. A Taxicab Driver's Permit is only valid for the Driver to operate a
Taxicab for the Permittee indicated on the Taxicab Driver's Permit. Reproduction
of a Taxicab Driver's Permit is strictly prohibited, except that a Permittee may copy
a Taxicab Driver's Permit for recordkeeping purposes. A Taxicab Driver's Permit
shall list the name of the Permittee.
7.4. Issuance. A Taxicab Driver's Permit shall be issued if all of the following
requirements have been satisfied:
7.4.1. Submission of a complete application, including signature of the
Permittee the Driver is employed, has an offer of employment, or on
whose behalf the Driver intends to operate a Taxicab;
7.4.2. Submission of proof of a valid California driver license (Class C);
7.4.3. Submission of a DMV K4 driver record report, or other equivalent DMV
issued driver record report, which is no older than thirty (30) days prior
to submission of the application for a Taxicab Driver's Permit, showing
that the Driver is in compliance with these Regulations;
7.4.4. A negative drug and alcohol screening test administered by a
Permittee's program administrator within the previous thirty (30) days in
compliance with Gov. Code Section 53075.5(b)(3);
7.4.5. Proof of enrollment in a Permittee's current and active random drug and
alcohol program;
7.4.6. Submission of proof of completion of a DOJ background check with Live
Scan fingerprinting at an approved DOJ finger printing agency, the
results of which shall not contravene the requirements of these
Regulations;
7.4.7. Submission of proof of enrollment in the DOJ subsequent arrest
notification program;
7.4.8. Payment of all applicable fees; and
7.4.9. There are no grounds for denial of a Taxicab Driver's Permit as set forth
in these Regulations.
7.5. Denial. A Taxicab Driver's Permit shall be denied for any of the following reasons:
7.5.1. The applicant is less than 18 years of age;
7.5.2. The applicant does not possess a valid Class C California driver license;
7.5.3. The applicant fails to enroll in the required random drug and alcohol
program;
7.5.4. The applicant failed a drug and/or alcohol test required by these
Regulations within the prior twelve (12) months;
7.5.5. The applicant falsifies, or fails to disclose, material information on the
application for a Taxicab Driver's Permit;
7.5.6. The applicant does not meet the additional eligibility standards in
Section 9 of these Regulations; or
7.5.7. A DMV K4 report shows convictions in contravention of these
Regulations, or shows a pattern of reckless or dangerous driving that
poses an unreasonable risk to the health and safety of the public.
7.6. Suspension or Revocation.
7.6.1. A Taxicab Driver's Permit may be suspended or revoked for any of the
reasons set forth below:
7.6.1.1. Revocation or suspension of a California driver license;
7.6.1.2. Notification received by the City that the Driver is no longer an
authorized driver for its designated Permittee;
7.6.1.3. Testing positive on a drug and alcohol screening, or failure to
submit to a random drug and alcohol testing program;
7.6.1.4. Not enrolled or active in the required random drug and alcohol
program;
7.6.1.5. Failure to cooperate with law enforcement officers, code
enforcement officers, or City staff;
7.6.1.6. Circumstances providing grounds for denial of a Taxicab
Driver's Permit as set forth in these Regulations; or
7.6.1.7. Failure to comply with the applicable provisions of these
Regulations.
7.6.2. The period of suspension shall be six (6) months from the date the
Person has ceased all operations as a Driver for any Permittee in
compliance with the suspension.
7.6.3. A Person whose Taxicab Driver's Permit is revoked shall be ineligible to
apply for a Taxicab Driver's Permit for one (1) year from the date the
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Person has ceased all operations as a Driver for any Permittee in
compliance with the revocation.
7.6.4. It shall be the duty of the Driver or a Permittee to notify the City when
the Driver has ceased operation of any Taxicab for a Permittee that is
Substantially Located in the City in compliance with a suspension or
revocation, or after the period of suspension or revocation has elapsed,
provide adequate proof to the satisfaction of the City of the date that the
Driver ceased operation of any Taxicab for a Permittee that is
Substantially Located in the City in compliance with the suspension or
revocation.
7.7. Transfer.
7.7.1. A Driver may request a transfer of its Taxicab Driver's Permit to a
different Permittee if the following requirements have been met:
7.7.1.1. Submission of the required forms to transfer a Taxicab
Driver's Permit which have been signed by an authorized
representative of the prospective Permittee;
7.7.1.2. Payment of a Taxicab Driver's Permit transfer fee, if any;
7.7.1.3. Proof of possession of a valid Class C California driver
license;
7.7.1.4. Possession of a valid Taxicab Driver's Permit to be
transferred; and
7.7.1.5. Proof of verification of enrollment in the prospective
Permittee's current and active random drug and alcohol
program.
7.7.2. A Driver shall not operate a Taxicab on behalf of a different Permittee
until the Taxicab Driver's Permit is transferred to the intended Permittee,
the new Taxicab Driver's Permit is in possession of the Driver, and the
new Taxicab Driver's Permit is displayed as required by these
Regulations.
7.7.3. Transfer of a Taxicab Driver's Permit shall not extend the term of the
permit.
8. TAXICAB VEHICLE PERMITS
8.1. Permit Required. No person shall operate a Taxicab on behalf of a Taxicab
Business that is Substantially Located in the City without a Taxicab Vehicle Permit.
8.2. Term. A Taxicab Vehicle Permit shall expire one (1) year from its effective date,
unless renewed or revoked.
8.3. Dis la . A Taxicab Vehicle Permit must be displayed in the left-hand corner of the
rear window of the Taxicab for which the Taxicab Vehicle Permit is issued.
8.4. Non -Transferrable. A Taxicab Vehicle Permit is nontransferable, and shall be
issued only for one vehicle.
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8.5. Issuance. A Taxicab Vehicle Permit shall be issued for a vehicle if the following
criteria are met:
8.5.1. The applicant for the Taxicab Vehicle Permit is a Permittee;
8.5.2. Submission of proof that the vehicle passed inspection at an ASE-
certified or BAR -registered facility, no older than thirty (30) days prior to
the application, signed by the inspecting facility, and showing that the
vehicle has met all inspection standards;
8.5.3. Submission of proof of financial responsibility pursuant to Veh. Code
Sections 16020 through 16028 that covers the vehicle; and
8.5.4. The vehicle is not designed or equipped to seat more than eight (8)
passengers.
8.6. Suspension or Revocation.
8.6.1. A Taxicab Vehicle Permit may be suspended or revoked for any of the
following reasons:
8.6.1.1. The Vehicle is determined by a law enforcement officer, code
enforcement officer, or qualified City staff not to be in a safe
operating condition, or in compliance with the Veh. Code;
8.6.1.2. The Vehicle is subject to impound or removal by law
enforcement pursuant to state law;
8.6.1.3. Failure to cooperate with law enforcement officers, code
enforcement officers, or City staff in the inspection of the
Vehicle;
8.6.1.4. Failure to provide proof upon request by law enforcement,
code enforcement, or City staff of financial responsibility
pursuant to Veh. Code Sections 16020 through 16028 that
covers the vehicle; or
8.6.1.5. Failure to comply with the applicable provisions of these
Regulations.
8.6.2. The period of suspension shall be until satisfactory proof is presented to
the City that the Taxicab successfully passed a new inspection as
required by these Regulations, and that none of the reasons for
suspension exist.
8.6.3. In the event a Taxicab cannot successfully pass inspection or cure any
of the reasons for suspension, then the Taxicab Vehicle Permit shall be
permanently revoked.
9. ADDITIONAL ELIGIBILITY STANDARDS
9.1. A Person shall not be eligible for a Taxicab Business Permit or a Taxicab Driver's
Permit if the Person is convicted, pleads guilty, or nolo contendere in any state to
any of the offenses listed in this section or their equivalent.
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10.
9.1.1. Penal Code. Pen. Code violations including homicide, mayhem,
kidnapping, hostages, robbery, attempted murder, assault with intent to
commit a felony, false imprisonment, human trafficking, assault and
battery (Pen. Code Sections 187-248); rape, abduction, carnal abuse of
children, pandering, pimping, and seduction (Pen. Code Sections 261-
269); child abduction (Pen. Code Sections 277-280); forgery or
counterfeiting (Pen. Code §§470-483.5); false personation or cheats
(Pen. Code Sections 528-539); or is required to register as a sex
offender (Pen. Code Sections 290-294).
9.1.2. Vehicle Code Violations. Veh. Code violations including disregard for
safety of persons or property (Veh. Code Sections 2800.2); flight from
peace officer causing death or bodily injury (Veh. Code Section 2800.3);
and violation of the duty to stop at scene of accident resulting in death
or injury (Veh. Code Section 20001).
9.1.3. Felony Conviction for Controlled Substances. Any felony based on
the manufacture, use, sale, possession, or transportation of controlled
substances, including marijuana (Health & Saf. Code Sections 11000-
11651).
9.1.4. Felony Conviction for Weapon Offenses. Any felony based on the
manufacture, use, sale, possession, or transportation of weapons,
firearms or ammunition.
9.1.5. Other Felony Convictions in the Past Eight Years. Any felony
conviction within the past eight (8) years other than those felonies
expressly identified in this Section 9.
9.1.6. Other Vehicle Code Violations in the Past Five Years: Veh. Code
violations within the past five (5) years including reckless driving (Veh.
Code Section 23103); driving under the influence of intoxicating liquors
or drugs (Veh. Code Sections 23152-23229.1); flight from peace officer
(Veh. Code Section 2800.1); violation of duty to stop at the scene of an
accident not resulting in death or injury (Veh. Code Section 20001);
violation of duty to stop at the scene of an accident where property is
damaged (Veh. Code Section 20002); and violation of duty to give
personal information when involved in an accident resulting in injury or
death (Veh. Code Section 20003).
9.1.7. Misdemeanor Conviction Relevant to Fitness for a Taxicab Driver's
Permit or Taxicab Business Permit in the Past Five Years. Any
misdemeanor conviction in the past five (5) years substantially related
to the fitness, qualifications, functions or responsibilities of a Taxicab
Driver or Permittee.
ADVERTISING
10.1. Permittee. A Permittee shall ensure that its Taxicab Business Permit number is
conspicuously visible in all Advertisements, as required by Gov. Code Section
53075.9, The Taxicab Business Permit number shall be displayed as "Newport
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Beach Taxicab Business Permit #XXX". Advertisements must use the Permittee's
name as it is listed on its Taxicab Business Permit.
10.2. Driver. Every Driver shall comply with Gov. Code §53075.9 and include, in every
Advertisement for Taxicab services, the name of the Permittee, the Permittee's
Taxicab Business Permit number, and the Taxicab Driver's Permit number.
11. PERMITS GENERALLY
11.1. Renewal of Permit.
11.1.1. An application for renewal of a permit subject to these Regulations shall
be submitted to the City at least thirty (30) days prior to the expiration of
the permit. Acceptance of late applications for renewal shall be at the
City's discretion.
11.1.2. A permit that is more than thirty (30) days expired shall be ineligible for
renewal.
11.1.3. A permit that is renewed shall continue for an additional period equal to
the term of the original permit, commencing upon the expiration of the
immediately preceding term.
11.1.4. A permit may be renewed if the following conditions are met:
11.1.4.1. Submission of the required forms for renewal of the permit;
11.1.4.2. Payment of fees applicable for renewal, if any;
11.1.4.3. The Person or Vehicle that is the subject of the permit is
eligible for issuance of the permit pursuant to these
Regulations;
11.1.4.4. Renewal of a Taxicab Business Permit requires the applicant
to provide documentation of trip data in the format required by
the City reflecting the total number of prearranged and non -
prearranged trips, when each trip took place, and where each
trip originated;
11.1.4.5. Renewal of a Taxicab Driver's Permit requires proof that the
Person has passed a drug and alcohol screening within the
prior twelve (12) months, unless the Person has failed a test
more recently that the prior twelve (12) months, in which case
proof of passing a drug and alcohol screening within the prior
seven (7) days; and
11.1.4.6. Renewal of a Taxicab Vehicle Permit shall require proof, no
older than thirty (30) days prior to the application, that the
vehicle has passed inspection at an ASE-certified or BAR -
registered facility.
11.1.5. A Person may apply for renewal of their permit during the period that it
is suspended. A renewed permit shall not be reinstated or returned to
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the Person until the conditions for reinstatement of a suspended permit
set forth in these Regulations has been satisfied.
11.1.6. The term of a suspended or surrendered permit shall not be extended
by the period of suspension or surrender.
11.2. Replacement of Permit. A replacement for a lost or damaged permit issued
pursuant to these Regulations may be obtained from the City upon payment of any
applicable fees established by resolution of the City Council. Issuance of a
replacement permit shall not extend the term of the permit.
11.3. Surrender of Permit. The following permits shall be immediately invalid and shall
be surrendered to the City within two (2) calendar days if any of the following
occurs:
11.3.1. A Taxicab Business Permit, Taxicab Driver's Permit, or Taxicab Vehicle
Permit expires, is suspended, or revoked;
11.3.2. A Taxicab Business Permit, and all affiliated Taxicab Driver's Permits
and Taxicab Vehicle Permits if a Permittee sells, dissolves, or terminates
its Taxicab Business;
11.3.3. A Taxicab Driver's Permit if the Driver's employment or affiliation with a
Permittee terminates and is not transferred pursuant to these
Regulations;
11.3.4. A Taxicab Driver's Permit if the Driver becomes ineligible for issuance
of a Taxicab Driver's Permit under these Regulations;
11.3.5. A Taxicab Vehicle Permit if the corresponding Taxicab is permanently
removed from service; and
11.3.6. A Taxicab Vehicle Permit if the corresponding Taxicab has been
removed from the Permittee's approved insurance policy.
11.4. Reinstatement of a Suspended or Surrendered Permit.
11.4.1. A Person whose permit was suspended or surrendered may request
return and reinstatement of the permit for the remaining balance of the
unexpired term, provided that the following conditions have been
satisfied:
11.4.1.1. All applicable fines and fees have been paid;
11.4.1.2. All terms and conditions of any administrative or judicial
decision have been fulfilled;
11.4.1.3. Any period of suspension has passed;
11.4.1.4. The Person or Vehicle that is the subject of the permit is
eligible to be issued the permit pursuant to these Regulations;
and
11.4.1.5. The permit remains otherwise valid, has not expired, been
revoked, and is not suspended.
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11.4.2. The term of a suspended or surrendered permit shall not be extended
by the period of suspension or surrender.
12. REPORTING VIOLATIONS
12.1. Investigation. The City may investigate for violations of these Regulations and
take any appropriate actions necessary to ensure compliance, including but not
limited to, administrative actions, citations, fines, and other remedies for
enforcement.
12.2. Reporting Violations. Reports alleging illegal Taxicab operation or violation of
these Regulations shall require all of the following information be provided in order
to warrant investigation by the City:
12.2.1. Date, time and location;
12.2.2. Description of activity; and
12.2.3. Vehicle's license plate number, color, make and model, and any
distinctive characteristics.
12.3. Advertising Violations. Reports alleging a violation pertaining to Advertising must
provide a copy or sample of the Advertisement (such as the sign, business card,
advertising display, webpage, electronic recording or phone directory) evidencing
non-compliance with these Regulations or state law.
13. ENFORCEMENT
13.1. Citations. Compliance with the provisions of these Regulations may be secured
under the provisions of Chapter 1.04 or 1.05 of the Municipal Code, and the
schedule of fines set forth therein.
13.2. Cumulative. In lieu of, or in addition to, the remedies set forth herein and in
Chapter 1.04 and 1.05 of the Municipal Code, the City may suspend or revoke any
permit based on the grounds set forth in these Regulations.
13.3. Not Exclusive. The foregoing remedies shall not be exclusive, but shall be in
addition to any other remedy available to the City at law or in equity.
14. ADMINISTRATIVE APPEALS
14.1. Appeal of Administrative Citation. Appeals of administrative citations issued to
enforce the provisions of these Regulations shall follow the procedures and time
limits set forth in Municipal Code Chapter 1.05, including Section 1.05.030 Service
Procedures, Section 1.05.040 Contents of Administrative Citation, Section
1.05.060 Appeal of Administrative Citation, Section 1.05.070 Hearing Officer,
Section 1.05.080 Hearing Procedure, Section 1.05.090 Hearing Officer's Decision,
Section 1.05.100 Failure to Pay Fines, Penalties, Costs or Fees, and Section
1,05.110 Right to Judicial Review of Hearing Officer's Decision on Administrative
Citation.
14.2. Appeal of Administrative Decision or Action. Appeals of denials of issuance or
renewal of a permit, or for administrative action to suspend or revoke a permit,
shall follow the procedures and time limits set forth in Municipal Code Chapter
M.
15.
16.
1.05, including Section 1.05.030 Service Procedures, Section 1.05.060 Appeal of
Administrative Citation, Section 1.05.070 Hearing Officer, Section 1.05.080
Hearing Procedure, Section 1.05.090 Hearing Officer's Decision, Section 1.05.100
Failure to Pay Fines, Penalties, Costs or Fees, and Section 1.05.110 Right to
Judicial Review of Hearing Officer's Decision on Administrative Citation.
14.3. Stay. If an appeal is properly submitted to the City in accordance with Municipal
Code Section 1.05.060, the citation, decision, or action shall be stayed pending
the final determination of the appeal, unless the City notifies the appellant in writing
that the action is not stayed during the appeal because the continued operation of
the affected Taxicab, Driver, or Taxicab Business, as applicable, would pose a risk
to the health or safety of the public.
CONFLICTS
15.1. Vehicle Code. In the event of a conflict between the provisions of these
Regulations, on the one hand, and the provisions of the Veh. Code or California
Code of Regs., on the other hand, the latter shall control.
15.2. California Law. All references to statutes contained in these Regulations refer to
the statutes of the State of California except as otherwise indicated.
ADMINISTRATIVE POLICIES AND PROCEDURES
16.1. The City Manager may adopt administrative policies and procedures to
supplement and carry out these Regulations.
End of Regulations
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ATTACHMENT A
CITY OF NEWPORT BEACH APPROVED TAXICAB METERED RATES
FOR ON -DEMAND (FLAGGED) TRIPS
$3.50 for the flag drop and first 1/5 mile
$0.55 for each 1/5 mile, after the first 1/5 mile ($2.75 per mile)
$32.00 per hour wait time (Approximately $0.53 per minute)
No Extra Charge for Additional Passengers
STATE OF CALIFORNIA
COUNTY OF ORANGE ; ss.
CITY OF NEWPORT BEACH
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2023-77 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 141h day of November, 2023; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Noah Blom, Mayor Pro Tern Will O'Neill, Councilmember Brad Avery
Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember
Joe Stapleton, Councilmember Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 15th day of November, 2023.
&jjw A
Leilani I. Brown
City Clerk
Newport Beach, California
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