HomeMy Public PortalAboutTitle 05
TITLE 5 BUSINESS LICENSES...........................................................2
CHAPTER5.01TAXICABS,LIMOUSINES,ANDOTHERVEHICLESFORHIRE.2
5.01.010 Definition....................................................................................................................................2
5.01.020 License Required........................................................................................................................2
5.01.030 Applicant Qualifications............................................................................................................2
5.10.040 Application Information Required............................................................................................2
5.01.050 Applicant: Misrepresentation of Facts Prohibited....................................................................3
5.01.060 Applicant: Fingerprints and Photographs Required................................................................3
5.01.070 Display of Operator's License and Photograph........................................................................3
5.01.080 Annual Fee for Operator's License............................................................................................3
5.01.090 Authority to Refuse to Issue & Suspend or Revoke Operator's License..................................3
5.01.100 Maintenance and Inspection......................................................................................................3
5.01.101 Permission Required to Pick Up Additional Passengers...........................................................4
5.01.102 Availability.................................................................................................................................4
5.01.103 Right to Refuse Service..............................................................................................................4
5.01.104 Liability Insurance.....................................................................................................................4
5.01.105Penalties......................................................................................................................................4
CHAPTER5.04FIREARMSDEALERS.........................................................................4
5.04.010 Gun Sales or Leases Shall be Through Qualified Dealer..........................................................5
5.04.020 Permit Required.........................................................................................................................5
5.04.030 License Qualifications................................................................................................................5
5.04.040 License Subject to Approval......................................................................................................5
5.04.050 Duration of License and Renewal..............................................................................................5
5.04.060 License Subject to Forfeiture.....................................................................................................5
5.04.070 Violation, Misdemeanor.............................................................................................................6
Title 5-1
TITLE 5 BUSINESS LICENSES
CHAPTER 5.01 TAXICABS, LIMOUSINES, AND OTHER VEHICLES FOR
HIRE
5.01.010 Definition
The term "taxicab" as used in this chapter means every motor propelled vehicle used solely or mainly for the
transportation of passengers for hire on the streets of the Town, irrespective of whether the operation extends
beyond the boundaries of the Town.
5.01.020 License Required
No person or company shall operate any taxicab within the Town limits unless he/she first obtains a license
to do so from the Police Chief. EXCEPTION: The Chief of Police may accept, in lieu of issuing a permit
under this ordinance, a permit issued by another California governmental agency, so long as the insurance
requirements contained in Section 5.01.104 are complied with as to the Town.
5.01.030 Applicant Qualifications
Each applicant for a license to operate a taxicab shall possess the following qualifications:
(a) Be eighteen (18) years of age or older.
(b) Have good eyesight and be free from any debilitating illness or disease which would affect his/her
ability to safely operate a taxicab, including freedom from addiction to the use of intoxicating
liquors or narcotics:
1. All applicants/drivers must take and pass a drag screen annually. The test can be done
at the Tahoe Forest Hospital or any state licensed testing facility. Results must be
filed with the application.
(c) Possess a valid California driver's license.
5.10.040 Application Information Required
Each applicant for a license to operate a taxicab shall provide the following information to the Town Police
Chief:
(a) Full name;
(b) Current address;
(c) Age, height; color of hair, and eyes;
(d) Place of birth;
(e) Places of previous employment for the five (5) years preceding the date of application;
(f) Whether or not he/she has been convicted of any felony or a misdemeanor involving moral
turpitude;
(g) California driver's license number;
(h) A description of every vehicle which the applicant proposes to operate as a taxicab, giving:
l. Trade name, year and model;
2. Motor or serial number;
3. State license number;
4. Seating capacity;
5. Body style.
The application shall be signed by the applicant under penalty of perjury, and filed with the Town Police
Chief. The Chief of Police is authorized to establish an application fee, not to exceed the reasonable cost of
processing the application using Municipal Services Institute standards.
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5.01.050 Applicant: Misrepresentation of Facts Prohibited
Any person knowingly or intentionally misrepresenting to any officer or employee of the Town any material
fact in applying for a taxicab license shall be guilty of a misdemeanor.
5.01.060 Applicant: Fingerprints and Photographs Required
Each applicant for a taxicab operator's license shall have his/her fingerprints taken and shall file two (2)
recent photographs of him/herself of a size that may be easily attached to the taxicab license. One of such
photographs shall be attached to the license when issued, and shall be carried at all times when driving a
taxicab within the Town. Such photograph shall be attached to the license so that it cannot be removed and
another photograph substituted without detection. The other photograph shall be filed with the application.
5.01.070 Display of Operator's License and Photograph
Each taxicab driver shall, upon demand by any police officer or passenger, exhibit his taxicab operator’s
license and photograph for inspection.
5.01.080 Annual Fee for Operator's License
The Chief of Police shall establish an annual fee for the processing and renewal of operator's licenses, not to
exceed the reasonable cost of providing the service, using Municipal Services Institute standards.
5.01.090 Authority to Refuse to Issue & Suspend or Revoke Operator's License
The Town Police Chief, in the exercise of sound and reasonable discretion, when the public safety and
interest may require, may refuse to issue a taxicab operator's license, and may suspend or revoke any such
license upon:
(a) The driver being convicted of a violation of Sections 20001, 20002(a), 20002(b), 23103, 23152,
23153, 23220, or 23222 of the Vehicle Code of the State of California, or upon any two (2) or more
convictions within one year for any moving violation of the Vehicle Code of the State of California
while driving such vehicle for hire; or
(b) The driver being convicted of offenses requiring registration under either Section 290 or 11590 of
the Penal Code.
(c) The driver or owner, if different, being convicted of any violation of this ordinance.
5.01.100 Maintenance and Inspection
Safety and Sanitation Required.
(a) No owner or driver shall operate, or permit any such vehicle to be
operated, in the Town while any equipment used thereon shall be defective, unsafe, or in an
unsanitary condition.
Inspections.
(b) Every such vehicle shall, at all times, be subject to inspection by any police officer of
the Town.
Noncompliance: Suspension of Licenses.
(c) The Police Chief may temporarily suspend with or
without notice any taxicab, limousine, or motor vehicle for hire license granted pursuant to the
provisions of this chapter whenever an owner or drive violates any of the provisions of this section.
Permanent revocation of such license may occur under the provision of Section 5.01.090.
Registration.
(d) All taxicabs, limousines, or motor vehicles for hire shall be registered with the Police
Chief. Rates charged to hire such vehicles shall be filed with the Chief of Police and updated as
required to remain current.
Inspections.
(e) The Police Chief may require a safety inspection on any vehicle licensed under this
chapter under reasonable standards established by the Chief for that purpose. Any vehicle failing to
pass a safety inspection shall be immediately removed from use by the owner or operator and shall
not be used for transportation until repaired and a new safety inspection is conducted and passed.
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5.01.101 Permission Required to Pick Up Additional Passengers
It is unlawful for a taxicab driver who has been hired by a passenger or group of passengers to pick up
additional passengers without the express permission of the passenger or group of passengers who first hired
the vehicle.
5.01.102 Availability
Each person, company or corporation operating taxicabs in the Town shall maintain 24-hour availability.
5.01.103 Right to Refuse Service
Any operator of a vehicle under this chapter may refuse service to anyone who is belligerent or combative,
or in any way a threat to the safety of the operator.
5.01.104 Liability Insurance
During the term of a permit issued pursuant to this chapter, the permittee or owner(s) of a taxicab authorized
by the permit shall maintain in full force and effect, at no cost to the Town, a comprehensive auto and
general liability insurance policy as follows:
(a) In an amount no less than One Million ($1,000,000) Dollars single limit per occurrence;
(b) Issued by an admitted insurer(s) as defined by the California Insurance Code;
(c) Providing that the Town, its officers, employees and agents are to be named as additional insureds
under the policy;
(d) No person shall commence operations of a vehicle licensed by the Town until such time as the
insurance required by this section has been received and verified.
5.01.105 Penalties
Violations of this chapter shall be an infraction punishable by fine as determined by the Court. Violation of
this ordinance shall also be a public nuisance which may be abated in a manner allowed by law, including
towing. (ORD 2005-08 10-20-05)
Title 5-4
CHAPTER 5.04 FIREARMS DEALERS
5.04.010 Gun Sales or Leases Shall be Through Qualified Dealer
Except as provided in Penal Code Section 12078, it shall be unlawful for any person to sell, offer for sale,
lease or transfer any firearm to another unless he or she is a dealer or the transaction is processed by a dealer
pursuant to Penal Code Section 12082.
5.04.020 Permit Required.
It is unlawful for any person to engage in the business of selling, leasing, transferring, advertising, offering,
or exposing for sale, lease, or transfer of firearms unless he or she has been issued a firearms dealer's license
by the Chief of Police. –
5.04.030 License Qualifications.
Any person over the age of twenty-one (21) years who desires to become a firearms dealer shall apply to the
Chief of Police as follows:
(a) Person shall submit an application for a firearms dealer's license;
(b) Person must possess a valid federal firearms license;
(c) Person will be required to abide by all requirements of Title II, Article 4 of the California Penal
Code;
(d) Person shall be fingerprinted;
(e) Person must pay an application fee as set by resolution of the Town Council;
(f) Person must not he in a class of persons prohibited from possessing firearms by state law.
5.04.040 License Subject to Approval
All firearms dealer's licenses shall be subject to approval by the Chief of Police, or designee.
5.04.050 Duration of License and Renewal
Any license granted herein shall be valid for one (1) year from the date of issue. Applicant shall pay a fee as
set by resolution of the Town Council for the renewal of said license, if eligible.
5.04.060 License Subject to Forfeiture
Any license granted herein shall be subject to forfeiture for failing to comply with the following conditions
as contained in Penal Code Section 12071:
(a) Licensee's business shall be carried on in the building designated in the license, unless licensee is
complying with Penal Code Section 12082 as it pertains to a gun show or qualified event.
(b) The license or copy thereof, certified by the issuing authority, shall be displayed on the premises
where it can easily be seen.
(c) No firearm including, but not limited to, revolver, pistol, rifles or shotguns, shall be delivered:
1. Prior to a record check and clearance by the Department of Justice pursuant to Penal Code
Section 12076;
2. Prior to the expiration of a fifteen (15) day waiting period pursuant to Penal Code Section
1207l(a)(3)(A), or as amended;
3. Unless unloaded and securely wrapped or unloaded and in a locked container;
4. Unless the purchaser or transferee either is personally known to the licensee or presents clear
evidence of his or her identity and age;
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5. Whenever the licensee is notified by the Department of Justice that the person is a prohibited
class described in Penal Code Sections 12021 or 12021.1 or Welfare and Institutions Code
Sections 8100 or 8103.
(d) No pistol, revolver or other firearm, or imitation thereof, capable of being concealed upon the
person or placard advertising the sate or other transfer thereof, shall be displayed in any part of the
premises where it can readily be seen from the outside.
(e) Licensee shall agree to and shall act properly in processing transfers of firearms pursuant to Section
12082 of the Penal Code.
(f) Licensee shall comply with Sections 12073, 12077 and subdivisions (a) and (b) of Section 12072 of
the Penal Code.
5.04.070 Violation, Misdemeanor
Any person required to do so who does not obtain the license required by this chapter shall be guilty of an
infraction, punishable by fine as established by the court. (ORD 94-13 08-18-94; 2005-08 10-20-05)
Title 5-6