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HomeMy Public PortalAboutORD15624 • BILL NO. 2016-106 SPONSORED BY COUNCILMAN Mihalevich CO-SPONSORS: Council Members Hussey and Wiseman ORDINANCE NO. 2,4 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REVISING THE VEHICLE FOR HIRE REQUIREMENTS FOUND IN THE CITY CODE AND ALLOWING TRANSPORTATION NETWORK COMPANIES WITHIN THE CITY AND REGULATING THEIR OPERATION. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 34 (Transportation) Article V (Vehicles for Hire) is amended as follows: ARTICLE V.VEHICLES FOR HIRE DIVISION 1.GENERALLY Sec.34-60. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Car Service. A business offered to the public to transport passengers and/or passengers and their property for a fixed charge,fee,or a rate based primarily upon the amount of time the vehicle is retained. Chauffeur Agency. A business which supplies a driver to operate a motor vehicle which is owned or rented by the customer and not owned or rented by the business. Courtesy car. Any vehicle used by an establishment to transport patrons of an establishment from said establishment to another location and/or back to the same establishment and nowhere else,or any vehicle used by an establishment arranging sightseeing or other similar tours for the purpose of transporting patrons of such establishment without charge. Director of Finance or Director. The Director of the Division of Finance of the City of Jefferson, or his designee. Limousine.A motor vehicle of more than five-passenger capacity,excluding the driver,that is licensed by the Missouri Department of Transportation, especially a luxurious automobile, normally driven by a chauffeur but shall not include motor buses. Limousine service. A business offered to the public to transport passengers and/or passengers and their property by limousine. Livery Service. The service or business of transporting persons and/or persons and their property for consideration, but not offered to the public at large, where such service are provided under contracts or agreements and such services are provided under such contracts or agreement on an ongoing and reoccurring basis. Motor Bus. A motor vehicle having a seating capacity for ten (10) or more persons, but shall not include motor buses owned or leased by the city,state,school district or federal government. Bill 2016-106—Page 1 Editor's note:Deleted language shown tlatts.Added language shown thus. Motor Bus Service. A business offered to the public to transport passengers and/or passengers and their property by motor bus. through the use of location technology to quantify those direct costs.(Ord.No. 15368, §1,2 2 2015) Taxicab.A vehicle for hire used by a taxicab business. Taxicab business. A business offered to the public to transport passengers and/or passengers and their property for a charge or fee based primarily upon the distance or mileage utilized while transporting the passenger. Taxicab driver.The operator of a taxicab. Vehicle for hire. A motor vehicle with a capacity of not more than five passengers, or a motor vehicle with more than a capacity of five passengers which is not otherwise licensed as limousine with the Missouri Department of Transportation,exclusive of the driver,used in the transportation of persons or property for hire between points within this city, or between points within this city and points outside of this city, but not including limousines, courtesy cars or motor buses. Vehicle for hire business.The serviceor business of transporting persons and/or persons and their property for consideration, including a taxicab business, car service, livery service, Fidesr,aring service and other similar services but excluding limousines,courtesy cars,and motor buses. (Ord.No.9556, § 1(35-1), 12-1-80;Ord.No. 11366, § 1 &2, 1-23-90;Ord.No. 15368, §1,2-2-2015) Sec.34-61.Permit required. A. Business. It shall be unlawful for any person,corporation or partnership to operate a vehicle for hire business, limousine service,motor bus service or chauffeur agency without first obtaining a permit. (Ord. 14272,§12, 10-15-2007) Sec.34-62.Permit fee. A. There shall be an annual permit fee for operation of a vehicle for hire business,limousine service,motor bus service,and Chauffeur agency. B. The annual permit fee for the first vehicle and for each additional vehicle shall be as set forth in Appendix Y. C. The annual fee shall be waived during the first pennit period. (Ord.No.9556,§ 1(35-8), 12-1-80) Sec.34-63. Permit period. A. The first permit issued for operation of a vehicle for hire business, limousine service, motor bus service, and chauffeur agency shall be issued from the date of issue until December 31, of the year in which the permit is issued. B. All such permits issued thereafter shall be issued for one year beginning January 1st and ending December 31st. (Ord.No. 9556, § 35-14, 12-1-80; Ord.No. 12849, §1, 11-16-98) Bill 2016-106—Page 2 Editor's note:Deleted language shown thus.Added language shown thus. Sec.34-64.Transfer prohibited. A permit issued pursuant to this Article shall not be transferred or assigned. Sec.34-65. Display. It shall be unlawful for any vehicle for hire or limousine other than one operated pursuant to a valid permit to display any markings suggesting or indicating it is a vehicle for hire. Whenever a vehicle operated as a vehicle for hire is removed from service, the permit holder shall remove all markings suggesting it is a vehicle for hire. (Ord. No. 9556, § 1(35-2), 12-1-80; Ord. No. 11904, § 4, 5-17-93; Ord. 13600, §15, 9-2-2003; (Ord. 13600, §15, 9-2- 2003) Sec.34-66.Revocation. A. Upon notice and hearing, the Director of Finance may suspend or revoke a certificate or permit issued pursuant to this Article : . . • . . . . '-.,for any of the following reasons: 1. Failure to conduct the permitted business for a period of thirty(30)days or longer. 2. Violation of this Code or any ordinances of the city or statutes of the state. 3. Employment of unlicensed drivers or drivers without a state or city issued permit. 4. Operation of vehicles without insurance on file as is prescribed by this article. 5. For Vehicles for Hire,failure to charge the rates prescribed by this chapter. 6. Aiding, abetting or assisting the promotion or advancement of any illegal activity, affair or business. 7. For Vehicles for Hire,failure to maintain the hours of operation set forth in the permit. 8. For Vehicles for Hire,failure to have the required number of vehicles. 9. The violation of any condition or requirement of its permit. B. The Director shall issue written findings of fact setting forth the reasons for the action taken. C. .• . .. •.• . •- 9' • • . ... . . _ —•- Circuit Court. Revocation or suspension pursuant to this section shall be considered an appealable decision pursuant to this Chapter. (Ord.No.9556, § 1(35-2), 12-1-80;Ord.No. 11904, §4,5-17-93;Ord. 13600, §15,9-2-2003) Sec.34-67. Insurance requirements. A. Every holder of a permit issued pursuant to this article shall at all times during the course of such operations have on file and approved by the Director of Finance a certificate of public liability and property damage insurance covering each motor vehicle being operated in such vehicle for hire business by the holder : •. _ • .. - . . - • . .•. -- . , in the minimum amounts of a combined single limit of Three hundred Thousand and no/100 Dollars property damage for any one accident. B. The following endorsement shall be attached to each certificate of insurance required by this section: "The policy to which this endorsement is attached shall not expire, nor shall the cancellation, revocation or suspension thereof take effect, until after ten (10) days' notice in writing by the company or insurer shall have first been given to the Director of Finance of the City of Jefferson, Missouri, in care of the City Hall Building, Jefferson City, Missouri, said period of ten (10) days' notice to commence to run from the date that notice is actually received at the office of the Director. "Attached to and forming a part of Policy No. covered by Certificate of Insurance Bill 2016-106—Page 3 Editor's note:Deleted language shown thus.Added language shown thus. NO. issued by to "A certificate of insurance shall not be accepted unless the policy of insurance underlying the certificate shall have been issued for a minimum period of six months." Sec.34-68. Record keeping. Every holder of a permit issued pursuant to this article shall keep records of each dispatch, its origin,and its destination for each vehicle for hire. Records shall be kept for one year. (Ord.No.9556, § 1(35-4), 12-1-80;Ord.No. 11904, §4,5-17-93;Ord. 13600, §15,9-2-2003) Sec.34-69. Zero Tolerance Policy. Every vehicle for hire business, limousine service, motor bus service or chauffeur agency shall establish a zero tolerance policy for alcohol or drug use by its drivers or operators while the drivers or operators are performing services for the business. DIVISION 2. VEHICLES FOR HIRE Sec.34-70. Application generally. A. Any person desiring to secure a permit to engage in, operate or conduct a vehicle for hire business within the city shall file with the Director of Finance a written application therefor, in duplicate, verified under oath,giving the following information: 1. The full name, residential and business addresses of the applicant for the past five (5) years; if a partnership, the name and residential and business addresses of all the partners for the past five (5) years; if a corporation, the name and residential address of all of the officers and directors for the past five(5)years. 2. Whether or not the applicant, or any persons listed in subsection (1) above, has been convicted of the violation of any federal or state felony law, or any federal or state misdemeanor involving the use or threat of force or violence or the sale of drugs or sexual abuse; or, within the previous two(2)years,has been convicted of violating any provision of this Code or has ever had a business license or other license or permit issued by the city revoked or suspended. Applicant shall supply a criminal record check by the Missouri State Highway Patrol or similar agency to verify the information provided in this section. 3. Whether or not the applicant or any person listed in subsection (1) above has unpaid claims or unsatisfied judgments against him for damages resulting from the negligent operation of a vehicle. 4. The past experience, if any, that the applicant has had in rendering a vehicle for hire service, including the dates such service was rendered and the city wherein the service was rendered. 5. Whether or not any license or permit to operate a vehicle for hire issued to applicant has ever been revoked or suspended,and if so,the circumstances of the revocation or suspension. 6. The number of vehicles proposed to be operated and a complete identification of each, including the make, model, motor number and vehicle identification number of each vehicle known to be used in the service and the registered owner; provided, however that the make, model, motor number and vehicle identification number of each new motor vehicle to be used after the permit is issued shall be supplied by the applicant and endorsed on the application at any time prior to the actual use of the vehicle. 7. The arrangements the applicant has made for the public to secure transportation in the Bill 2016-106—Page 4 Editor's note:Deleted language shown thus.Added language shown thus. applicant's vehicle for hire including the manner in which such vehicles will be dispatched. 8. The color scheme,name and characteristic insignia to be used to designate the vehicle for hire of the applicant. 9. The hours during which the business will be operated. 10. Such further information as the Director may reasonably require. B. Upon the first application for a permit only, an application fee in the amount of Two Hundred and no/100 Dollars ($200.00)plus an additional five dollars ($5.00)for each vehicle in excess of one. The portion of any application fee not expended by the City shall be refunded to the applicant. C. Denial of the application pursuant to this section shall be considered an appealable decision pursuant to this Chapter. It shall be unlawful for any person to engage in the operation of a Vehicle for Hire business, unless such 111.1 The application for a permit to operate a Vehicle for Hiro business shall also servo as a request for a (Ord.No.9556, § 1(35 7), 12 1 80;Ord.No. 11904, §4,5 17 93;Ord. 13600, §15,9 2 2003) A. Upon receipt of an application to obtain a certificate of convenience and necessity, the Finance Director .• having given ten (10) days' notice of the time and place of such h aring to all certified vehicle for hire certificates. - •• - 3. The effect that the issuance of an additional certificate might have on the holders of Bill 2016-106—Page 5 Editor's note:Deleted language shown thu&.Added language shown thus. I'� �. The effect that the issuance of a certificate might have on existing street traffic,the safety 5. The number of vehicles owned and proposed for use by the applicant. 6. The financial responsibility of the applicant. 8. The ability of the general public to obtain good and efficient vehicle for hire service at 7!• . • t. S!, , I . e .!! • !! See.34 74. Issuance-er—den-ia. • The decision of the City Council shall be final. (Ord.No. 9556, § 1(35 5), 12 1 80;Ord.No. 11904, §4,5 17 93;Orel. 13600, §15,9 2 2003;Ord. 13882, §1,5 16 �5) Sec.34- 71. Vehicle for Hire Business Operator,Investigation;granting of application. A. No permit to operate a Vehicle for Hire business shall be issued unless the applicant hasfirst obtained certificate of convenience and necessity, as provided in this Article, and has been determined by the Director to have otherwise met all of the requirements for a license. When both such conditions have been met the Director shall then issue a permit. B. Grounds to deny a permit to operate shall include,but not limited to,the following: 2-1. Whenever an applicant files an incomplete application. 3,2. Whenever an applicant makes a false declaration on the application. 4.3. Whenever any person required to be listed upon the application has been convicted of a federal or state felony within the past ten(10)years or any federal or state misdemeanor involving the use or threat of force or violence or the sale of drugs or sexual abuse within the past five (5)years or of the municipal ordinance violation of leaving the scene of an accident or failure to report an accident or any violation of this article or has had a permit issued under this article revoked within the past two(2)years. 5,4. Whenever an applicant has outstanding judgments against him for damages resulting from the negligent operation of a vehicle. 6:5. The applicant has had a previous permit to operate a vehicle for hire service suspended or revoked in this or any other city or state, unless the Director finds that the cause of such suspension or revocation has been removed or is no longer applicable. 7 6. Whenever the applicant fails to have a current Jefferson City business permit or has not applied for a Jefferson City business permit concurrent with his application for a Vehicle for Hire or limousine permit. Bill 2016-106—Page 6 Editor's note:Deleted language shown thus.Added language shown thus. 8-:7. The applicant has provided false or incomplete information on any application or has failed to complete any application. 9 8. The Director may, if he deems it to be appropriate, give the Applicant an opportunity to correct any problem found prior to rejecting the application. 9. An applicant who has been denied a permit to operate shall not be eligible for a permit to operate for a period of one year following the denial. Sec.34-3&72. Hours of operation. All permits issued for a vehicle for hire business shall require operation be for 24 hours,seven days a week, unless a specific exception is requested and granted by the City Council. Livery services shall not be subject to li this requirement. Sec.3447.73. Number of vehicles required. The number of vehicles necessary to operate a vehicle for hire business shall in no case be less than three four door vehicles, all of which must be owned by the permit holder. Livery services shall not be subject to this requirement. Sec.344&74. Additional intermediate point Passengers. A. Taxicab drivers shall be authorized to pick up one or more additional passengers at points intermediate to the point of origin and destination of the initial passenger being transported on a particular movement, when authorized by the initial passenger to do so. B. No vehicle for hire operator shall be required to transport passenger(s)or package(s)that pose a hazard to the occupants or the safe operation of the vehicle. C. No vehicle for hire shall transport passengers in excess of the number of available safety belts installed in that vehicle. Unsupervised children must wear safety belts while being transported by taxicab. D. No other vehicles for hire other than Taxicabs are authorized to pick up intermediate point passengers. E. Every vehicle for hire business shall establish policies and procedures for reporting a complaint about any vehicle for hire driver or the driver's vehicle. Any such policies and procedures shall require that the vehicle for hire business conduct an investigation upon the receipt of an allegation that a driver has violated the zero tolerance policy required by Section 34-69 and when the complaint involves the allegation that the driver exhibited inappropriate or offensive language or conduct during the service. Sec.3449.74. Car service by appointment only. A Car service must provide service by appointment only. Car services are prohibited from picking up passengers less than two(2)hours after the appointment for service is made. Sec.34-75.Appeals. Any person aggrieved by the decision of the Director in regard to the denial, suspension or revocation of a license or permit as provided for in this chapter shall have the right to appeal to the city administrator. Such appeal shall be taken by filing with the city administrator, within ten (10) days after notice of the decision by the finance department has been mailed to such person's last known address, a written statement setting forth the grounds for the appeal. The city administrator shall review the written statement of the party,the letter of denial,suspension or revocation,and any other relevant information and Bill 2016-106—Page 7 Editor's note:Deleted language shown thu.s.Added language shown thus. determine whether the decision of the Director to deny, suspend or revoke the license or permit was appropriate.The order of the city administrator on such appeal shall be final. Secs.34-76-34-79.Reserved. Sec.34-80. Rates. A. Taxicab Business. It shall be unlawful for any person engaged in the operation of a taxicab business under a certificate of convenience and necessity within the limits of the city, to charge a rate either less or greater than follows: 1. A charge of One and 60/100 Dollars($1.60)for first one-tenth mile.Ord. 13882, §1,5-16-2005). 2. A charge of nineteen cents($0.19)for each additional one-tenth mile. (Ord.No. 13081, §1, 7-17- 2000;Ord. 13882, §1,5-16-2005) 3. A charge of twenty-five cents($0.25)for each additional passenger. 4. A charge of eighteen dollars($18.00)per hour waiting time. 5. A charge of five dollars and no cent($5.00)minimum on all deliveries. 6. A charge of twenty-five cent ($0.25) for each piece of luggage or bag of groceries that driver is required to load and/or unload, after the first two bags, not to exceed two dollars and fifty cents ($2.50)extra per trip. 7. All extra stops shall be charged at the meter wait time rate. (Ord.No. 9556, § 1(35-10), 12-1-80; Ord.No. 11538, § 1,3-7-91; Ord.No. 12849, §2, 11-16-98; Ord. 13882, §1,5-16-2005) B. Car Service. It shall be unlawful for any person engaged in the operation of a car service under a certificate . - • • .•- •• within the limits of the city, to charge a rate either less or greater than the following: 1. A minimum charge for 1 hour. 2. A charge of$25.00 per hour. C. Upon application for an increase in the rates of fares which might lawfully be charged the public within the city,the Director of Finance shall hold a public hearing and hear evidence bearing on the reasonableness of the present fare and the proposed fare. The Director may deny an increase in the rate of fare to be charged by vehicle for hire companies, or the Director may authorize the total increase, or any part thereof, in the rate of fare sought by applicants. The decision of the Director may be appealed to the City Council who may make any lawful decision but must hold a public hearing before make such decision. D. If a flat rate is charged,the permit holder or its employee must advise any person utilizing the service of the charge prior to entering the vehicle utilized in the vehicle for hire business. E. Every vehicle for hire being operated within the city limits shall have displayed in a prominent place within the passenger compartment of such vehicle a schedule showing the rate of fare authorized to be charged by this article,and no further or different charges than those authorized by this article shall be charged. F. Rates for livery services shall be in accordance in the contract or agreement for such services. Sec.34-81. Subcontractor. A permit holder may subcontract operation of a vehicle for hire but the permit holder shall be responsible for the operation of the subcontracted vehicle for hire as if fully operated by the permit holder. Secs.34-82-34-89.Reserved. Bill 2016-106—Page 8 Editor's note:Deleted language shown thus.Added language shown thus. DIVISION 3.VEHICLES AND DRIVERS Sec.34-90. Meters. Each vehicle used in the operation of a vehicle--ffor-hir-etaxicab business which shall have any portion of a rate conditioned on mileage shall be equipped with a fare meter designed and constructed to clearly and accurately register the exact mileage traveled by the taxicab on each transportation movement and equipped to clearly and accurately register the exact fare to be paid for use of such taxicab by one passenger at all times while such cab is in motion and upon arrival at the point of destination. The fare meter shall be turned on at the time such taxicab departs from the point of origin with a passenger and shall be kept on until the point of destination is reached,at which time the taxicab driver shall stop the meter. (Ord.No.9556, § 1(35-10), 12-1-80;Ord.No. 11538, § 1,3-7-91;Ord.No. 12849, §2, 11-16-98;Ord. 13882, §1,5- 16-2005) Sec.34-91. Vehicle permits,inspection. A. Every vehicle used in a vehicle for hire business must have a permit issued by the Director prior to its use as a vehicle for hire. B. Vehicle permits shall only be granted after an inspection as set out in this section. In addition to all other vehicle inspections required by law,each vehicle governed by this article shall be subject to an annual inspection.All inspections shall be conducted by a mechanic authorized by the State of Missouri to perform motor vehicle inspections(or such other person approved by the Director)and shall consist of the following: 1. Exterior. Headlights, taillights, brake lights, directional signal lights, license plate lights, windshield, vent glasses, windshield wipers, all other vehicle glass, glass window raisers, doors and door locks, trunk lid, trunk hood, and interior door handles, exhaust system, splash shields, hubcaps, bumpers, fenders, body and tires shall be inspected to ascertain that each is functioning properly. There shall be no tears or rust holes in the vehicle body and no loose pieces such as fenders, bumpers or trim hanging from the vehicle body. There shall be no unrepaired body damage which would create a safety problem or interfere with the operation of the vehicle. 2. Interior. The rear view mirror, steering wheel, foot brakes, parking brakes, seat belts and air conditioning and heating systems shall be inspected to ascertain that each is functioning properly. The upholstery, floor mats,head lining, door panels and the trunk compartment shall be inspected to determine whether they are clean, free of tears, and that the trunk has sufficient space for passengers'luggage. 3. If the vehicle is equipped with a meter, the meter shall have a current Department of Agriculture seal and sticker indicating that it has been properly calibrated. 4. The report of inspection shall be on a form promulgated by the Director. 5. The vehicle shall not be utilized in a Vehicle for Hire business until it successfully passes inspection; provided, that the Director, in his or her discretion, for a period not to exceed fifteen (15) days, may allow the continued use of a vehicle which substantially complies with the inspection requirements. 6. Nothing herein shall prohibit the random inspection of a vehicle used in a Vehicle for Hire business by the Director or police department where possible violations of this article or other violations of law regarding the condition of vehicle for hire are evidenced by visual inspection. 7. !- . . -• . -.. ._ ... . . ... ..• . •_ . . ' .• . •. ' . . ' . _ . _• .. ' • '. . .. ' • ._ .. . procedures, Denial of a vehicle permit pursuant to this section shall be considered an Bill 2016-106—Page 9 Editor's note:Deleted language shown thus.Added language shown thus. appealable decision pursuant to this chapter. (Ord.No.9556, § 1(35-11), 12-1-80) Sec.34-92. Identification. A. Each vehicle for hire shall be identifiable as a vehicle for hire by appropriate signs on the door on each side of such vehicle. Livery services shall not be subject to this requirement. B. Each vehicle for hire shall have a color scheme,name and characteristic insignia used to designate the vehicle of the business which shall conform to the application approved by the Director.Livery services shall not be subject to this requirement. Sec.34-93. Vehicle,condition and appearance; identification. A. Vehicle to be kept in safe and operable condition. All vehicles used in a vehicle for hire business shall be kept in a thoroughly and mechanically safe operating condition complying with all of the safety requirements of this Code and other ordinances of the city and state law. B. Vehicle and driver appearance.Every permit holder shall maintain his vehicles in a clean serviceable condition and in adequate repair.All permitted vehicles,except minivans,shall have two(2)doors affording direct entrance and exit to and from the passenger compartment.The interior of each vehicle shall be cleaned and vacuumed at the beginning of each driver's shift and shall be maintained in a clean condition,free of foreign matter and offensive odors.There shall be no litter in the vehicle or trunk and the seats shall be kept clean and without holes or large wear spots.The exterior of each vehicle shall be washed at least once each week. C. Vehicle color schemes and markings. Each permit holder shall adopt a distinctive and uniform color scheme and company name, logo or insignia and shall display the same name,logo or insignia and color scheme on each vehicle permitted as identified in the application approved by the Director.Each vehicle used in a Vehicle for Hire business shall bear on the outside on each side the name of the company,the business phone number of the company,and a number assigned by the company identifying that particular vehicle.Each vehicle for hire operated by the same permit holder must have identical information displayed to the public. The Director of Finance may give a temporary waiver of this requirement upon good cause shown not to exceed 180 days. Livery services shall not be subject to this requirement. D. Driver dress and uniforms. While on duty,all drivers governed by this article must be neat and clean in dress and person. Each permit holder shall require every driver of a vehicle permitted to him while on duty to wear a shirt,jacket,vest,hat or other clothing article of uniform color and style with the permit holder's company name or logo clearly printed upon it which identifies the driver as a driver for the permit holder. (Ord.No.9556, § 1(35-12), 12-1-80) Sec.34-94. Driver's permit required. No person shall drive a vehicle used in a Vehicle for Hire business within the city limits,unless such person has in his possession a currently effective and valid vehicle for hire driver's permit which has been issued as provided in this division. Sec.34-95. Age of vehicle. No person shall utilize a vehicle which is more than 10 years old as a vehicle for hire. The Director may waive that requirement upon application for good cause shown if the vehicle is a classic or historic vehicle. Bill 2016-106—Page 10 Editor's note:Deleted language shown thus.Added language shown thus. Sec.34-96. Vehicle for hire business permit holder's responsibility. No person,other than the holder of a vehicle for hire driver's permit,shall be allowed by any person engaged in the operation of a vehicle for hire within the city to operate or drive a vehicle for hire within the limits of the city. Sec.34-97. Application and issuance procedure. A. Any person desiring to obtain a permit to operate a vehicle for hire within the city shall file an application with the Director of Finance on a form to be provided, by the Director of Finance, to obtain a permit to drive a vehicle for hire and concurrently pay an application fee set by the City Administrator to the director. The application form shall require the applicant to furnish the full name, Social Security Number,Driver's License Number, residence, places of residence for the preceding five-year period, sex, age, color, height, color of eyes and hair, place of birth, marital status, length of residence in the city, citizenship and nationality, places of previous employment, and whether such applicant has been previously licensed as a chauffeur and, if so, whether such license has ever been revoked and, if so for what reason. Such applicant shall both sign and swear to the truth of the contents of the application. Applicant shall submit a criminal history report from the Missouri State Highway Patrol and certified copy of his driving record from the Missouri Department of Revenue. B. No application shall be accepted unless it is accompanied by a certificate or other public record showing that the applicant has been tested and passed drug and alcohol screening at least equal to the screening requirements set by the United States Department of Transportation for motor carrier drivers with respect to the number and types of drugs or controlled substances tested, which certificate must have been issued no more than five days prior to the date of application. C. The director may require the applicant to demonstrate his skill and ability to operate safely a motor vehicle and to pass a physical examination showing that such applicant has average eyesight and hearing. Upon completion of the investigation,physical examination and driving test, if the Director of Finance concludes that the applicant is suitable and qualified to drive a vehicle for hire,the director shall issue the applicant a taxi driver's permit. D. Denial of a driver's permit pursuant to this section shall be considered an appealable decision pursuant to this chapter. Sec.34-98. Qualifications. A. Every applicant for a driver's certificate shall: 1. Be at least eighteen(18)years of age at the time of application. 2. Be able to read the English language sufficient to read street signs and operate a vehicle. 3. Be clean and neat in dress and person,and not addicted to the use of intoxicating liquor or drugs. 4. Have a general reputation for integrity,responsibility,good moral character as a law abiding citizen. 5. Possess a valid Missouri Commercial Driver's License. 6. Have at least one year's experience as a driver of motor vehicles,and at least sixty(60)days' experience operating motor vehicles over the streets of the city. 7. Not have been convicted of,plead guilty to,or plead no contest to,regardless of whether sentence was imposed: a. Any felony,within the last five(5)years,a material element of which involves fraud, dishonesty,the use of or threat of violence,the possession,or sale,of illegal drugs or stealing.(Ord. 14314, §1, 1-22-2008) Bill 2016-106—Page 11 Editor's note:Deleted language shown thus.Added language shown thus. b. Any misdemeanor,infraction,or ordinance violation, within the last two(2)years,a material element of which involves fraud,dishonesty,the use of or threat of violence,the possession,sale,or selling of illegal drugs,or stealing. c. Any offense involving the operation of a motor vehicle while under the influence of alcohol or drugs within the last twelve(12)months,or more than one such offense during the last five(5)years. d. More than two convictions within the last two years for any moving offense. e. Any offense which would,if convicted in Missouri,cause the applicant to be required to register as a sexual offender. B. The Finance Department shall notify the applicant fails to provide any of the above information Sec.34-99-Rel.Annual Review of Drivers. A. Every applicant for a driver's certificate shall: A. On or before the first day of July of each year each holder of a vehicle for hire driver's permit shall apply to . 1. A certificate or other public record showing that the applicant has been test t-t a date of application, • ..A. On or before the first day of July each year,each holder of a permit to operate a vehicle for hire business shall review each driver to examine whether the driver still meets the requirements set forth in Section 34-98. As part of such review,the holder of a permit to operate a vehicle for hire business shall obtain for each driver: 1. A certificate or other public record showing that the driver has been tested and passed drug and alcohol screening at least equal to the screening requirements set by the United States Department of Transportation for motor carrier drivers with respect to the number and types of drugs or controlled substances tested,which certificate must have been issued no more than five days prior to the date of the report to filed with the Director under subsection B hereof. 2. A criminal history report from the Missouri State Highway Patrol and certified copy of the driver's driving record from the Missouri Department of Revenue. B. After such review,on or before the first day of July each year,the holder of a permit to operate a vehicle for hire business shall submit to the Director a report stating whether such review revealed facts which could support a basis for revocation or suspension of a vehicle for hire driver's permit under section 34-101. If the review revealed facts which could support a basis for revocation or suspension of a vehicle for hire driver's permit under section 34-101,the holder of a permit to operate a vehicle for hire business shall submit documentation of such facts with the report to the Director. C. The holder of a permit to operate a vehicle for hire business shall retain all documents and records Bill 2016-106—Page 12 Editor's note:Deleted language shown thus.Added language shown thus. used in its annual review of drivers for no less than three years,and such documents and records shall be subject to inspection by the Director or the Director's designee upon no less than 48 hours' notice. Sec.34-100. Display. The holder of a vehicle for hire driver's permit shall have such permit prominently displayed in the vehicle for hire operated by him at all times such vehicle for hire is in operation. Sec.34-101. Revocation or suspension. A. The Director of Finance may revoke the permit of any vehicle for hire driver if the holder thereof is convicted of a violation of provisions of this Code or any city ordinance regulating the operation of motor vehicles while in motion,drunkenness or any matter involving moral turpitude, or if,after a public hearing as provided in subsection(b),any vehicle for hire driver is found to be mentally,physically or morally unfit or unsafe to operate a vehicle for hire within the city. B. Upon conviction of the holder of a vehicle for hire driver's permit for any reason stated in subsection(a),or if a complaint shall be filed with the Director of Finance against the holder of a vehicle for hire driver's permit alleging that the holder of the permit is mentally,physically or morally unsafe or unfit to operate vehicle for hire within the city,the Director of Finance shall set a day for the hearing on the revocation of the permit of such vehicle for hire driver and cause the holder of the permit to be served a written notice stating the time and the place of such hearing and the offense charged against the holder of such permit, and ordering the holder of the permit to appear at such hearing to show cause why the permit to operate a vehicle for hire within the city should not be revoked. If,at the hearing,if should be proven that the holder of such vehicle for hire driver's permit has been convicted of any offense mentioned in subsection A,or if it shall be proven by competent evidence that the holder of the permit is mentally,physically or morally unfit or unsafe to operate a vehicle for hire within the city,taking into consideration generally the health,safety and welfare of the residents of the city,the Director of Finance may either revoke and cancel the permit or suspend the permit for a period of time not to exceed ninety(90)days. Failure of the holder of the permit to appear at the hearing shall be deemed an admission of the validity and truthfulness of any charge contained in the notice of hearing.The Director of Finance may suspend a permit,pending a hearing on revocation, if the holder is charged with violation of any provision of this Code or any ordinance specified in subsection A. C. In the event that a license or permit is suspended,the Director may set such conditions as he or she deems appropriate for reinstatement. D. Revocation or suspension of a vehicle permit pursuant to this section shall be considered an appealable decision pursuant to this chapter. Sec.34-102. Accident notification. In the event any vehicle for hire driver,while operating a vehicle for hire,is involved in a traffic accident involving injury to any person,regardless of fault,said driver shall within 72 hours of such accident(excluding the period between 5:00 p.m.on Friday and 8:00 a.m. on Monday)a certificate or other public record showing that the applicant has been tested and passed drug and alcohol screening at least equal to the screening requirements set by the United States Department of Transportation for motor carrier drivers with respect to the number and types of drugs or controlled substances tested,which certificate must have been issued no more than 24 hours after the time of the accident. Failure to submit such documentation within the time period required shall automatically cause the driver's permit to be suspended. Bill 2016-106—Page 13 Editor's note:Deleted language shown thus.Added language shown thus. Secs.34-103-34-109. Reserved. Section 2. Chapter 34 (Transportation is hereby amend by inserting a new Article VI (Transportation Network Company Services) as follows: ARTICLE VI.TRANSPORTATION NETWORK COMPANY SERVICES Sec.34-120.Purpose The purpose of this Chapter is to ensure the safety, reliability and cost-effectiveness of Transportation Network Company (TNC) Services within the iurisdiction of Jefferson City and to preserve and enhance access to these important transportation options for residents and visitors to Jefferson City. Sec.34-121. Definitions. As used in this Article: "Digital Network" shall mean any online-enabled technology application, website, or system offered or utilized by a transportation network company (TNC) that enables the prearrangement of rides with TNC drivers. "Prearranged Ride"shall mean the provision of transportation by a TNC driver to a rider, beginning when a TNC driver accepts a ride requested by a rider through a digital network controlled by a TNC, continuing while the TNC driver transports a requesting rider, and ending when the last requesting rider departs from the TNC vehicle.A prearranged ride shall not include: (a) Transportation provided using a taxi, limousine,or other vehicle for hire under Article 5 of Chapter 34 of the Code of the City of Jefferson or Chapter 390 of the Revised Statutes of Missouri; or (b) A shared expense carpool or vanpool arrangement or service; "Transportation Network Company" or "TNC" shall mean an entity licensed pursuant to this Chapter and operating in Jefferson City that uses a digital network to connect TNC riders to TNC drivers who provide prearranged rides. A TNC shall not be deemed to own, control,direct, operate, or manage the TNC vehicles or TNC drivers that connect to its digital network, except where agreed to by written contract, and is not a taxicab association or a for-hire vehicle owner. "Transportation Network Company(TNC)Driver"shall mean an individual who operates a motor vehicle who: a) receives connections to potential riders from a TNC in exchange for payment of a fee to the TNC; and b) Uses a TNC vehicle to offer or provide a prearranged Ride to riders upon connection through a digital network controlled by a TNC in return for compensation. "Transportation Network Company (TNC) Rider or "Rider" shall mean an individual or persons who use a TNC's digital network to connect with a TNC driver who provides prearranged rides to the rider in the TNC driver's TNC vehicle between points chosen by the rider. "Transportation Network Company (TNC) Vehicle or "Vehicle" shall mean a vehicle that is used by a TNC driver and is: (a) Owned,leased,or otherwise authorized for use by the TNC driver; and Bill 2016-106—Page 14 Editor's note:Deleted language shown thus.Added language shown thus. (b) Not a taxicab, limousine, or vehicle for hire under Article 5 of Chapter 34 of the Code of the City of Jefferson or Chapter 390 of the Revised Statutes of Missouri. Sec.34-122. Not Other Carriers 1. TNCs or TNC Drivers are not common carriers, contract carriers or motor carriers, as defined in Article 5 of Chapter 34 of the Code of the City of Jefferson or Chapter 390 of the Revised Statutes of Missouri; a taxicab, as defined in Article 5 of Chapter 34 of the Code of the City of Jefferson or Chapter 390 of the Revised Statutes of Missouri,a taxicab service or association,or a for-hire vehicle service. A TNC driver shall not be required to register the vehicle such driver uses to provide prearranged rides as a commercial or for-hire vehicle. 2. Notwithstanding the provisions of this Article, nothing in this Article shall prevent Taxicab Drivers, as defined in Article V, from acting as TNC Drivers or Taxicabs, as defined in Article V, being used as TNC Vehicles, provided that the digital network utilized by a TNC or digital applications provided by a TNC shall not be utilized by a Taxicab Driver in providing services which are allowed for Taxicabs and Taxicab Drivers in Article V, but not for TNC Drivers or TNC Vehicles under this Article VI. Sec.34-123. TNC Permit Required 1. A person shall not operate a TNC in Jefferson City without first having obtained a permit from the Business License Administrator. 2. The Business License Administrator shall issue a permit to each applicant that meets the requirements for a TNC set forth in this Chapter, and pays an annual permit fee of$500 to the Business License Administrator. Sec.34-124. Agent The TNC must maintain an agent for service of process in the State of Missouri. Sec.34-125. Fare Collected for Services On behalf of a TNC Driver,a TNC may charge a fare for the services provided to passengers; provided that, if a fare is collected from a passenger,the TNC shall disclose to passengers the fare calculation method on its website or within the software application service. The TNC shall also provide passengers with the applicable rates being charged and the option to receive an estimated fare before the passenger enters the TNC Driver's vehicle. Sec.34-126. Identification of TNC Vehicles and Drivers The TNC's digital network shall display a picture of the TNC driver and the license plate number of the motor vehicle utilized for providing the prearranged ride before the rider enters the TNC driver's vehicle. Sec.34-127. Electronic Receipt Within a reasonable period of time following the completion of a trip, a TNC shall transmit an electronic receipt to the passenger on behalf of the TNC driver that lists: 1. The origin and destination of the trip; 2. The total time and distance of the trip if the fare is based on actual time and distance traveled; and 3. The total fare paid,if any. Sec.34-128. Limitations on TNCs Bill 2016-106—Page 15 Editor's note:Deleted language shown t-kus.Added language shown thus. 1. All TNC drivers shall be independent contractors and not employees of the TNC if all of the following conditions are met: (a) The TNC does not prescribe specific hours during which a TNC driver must be logged into the TNC's digital network; (b) The TNC imposes no restrictions on the TNC Driver's ability to utilize digital networks from other TNCs; and (c) The TNC does not restrict a TNC Driver from engaging in any other occupation or business. 2. The TNC and TNC driver may agree in writing that the driver is an employee and not an independent contractor with respect to the TNC. 3. Except when agreed to by written contract,a TNC Driver is not an agent of a TNC. Sec.34-129.Zero Tolerance for Drug or Alcohol Use 1. A TNC shall implement a zero tolerance intoxicating substance policy for TNC drivers that disallows any amount of intoxication of the TNC driver while providing transportation network services. The TNC shall provide notice of the zero tolerance policy on its website,as well as procedures to report a complaint about a driver with whom a rider was matched and whom the rider reasonably suspects was under the influence of drugs or alcohol during the course of the trip. 2. Upon receipt of such rider complaint alleging a violation of the zero tolerance policy, the TNC shall immediately suspend such TNC ability to accept trip requests through the TNC's Digital Network as soon as possible, and shall conduct an investigation into the reported incident. The suspension shall last the duration of the investigation. 3. The TNC shall maintain records relevant to the enforcement of this requirement for a period of at least two(2)years from the date that a rider complaint is received by the TNC. Sec.34-130. TNC Driver Requirements 1. Before allowing an individual to accept trip requests through a TNC's digital network, the TNC shall: (a) Require the individual to register with the TNC by submitting information regarding his or her address, age, driver's license, motor vehicle registration, automobile liability insurance and other information required by the TNC; (b) Conduct,or have a third party conduct,a local and national criminal background check for each applicant that shall include: i. Multi-State/Multi-Jurisdiction Criminal Records Locator or other similar commercial nationwide database with a primary source search capability; and ii. A check of the U.S. Department of Justice National Sex Offender public website; and. (c) Obtain and review, or have a third party obtain and review, a driving history research report for such individual. 2. The TNC shall not permit an individual to act as a TNC Driver on its digital network who: (a) Has had more than three moving violations in the prior three-year period, or one major violation in the prior three-year period (including, but not limited to, attempting to evade a law enforcement officer,reckless driving,or driving on a suspended or revoked license); Bill 2016-106—Page 16 Editor's note:Deleted language shown thus.Added language shown thus. (b) Has been convicted, within the past seven years, of driving under the influence of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit a felony, a crime involving property damage,and/or theft,an act of violence,or an act of terror; (c) Is a match in the U.S.Department of Justice National Sex Offender public website; (d) Does not possess a valid driver's license; (e) Does not possess proof of registration for the motor vehicle or vehicles used to provide prearranged rides; (I) Does not possess proof of automobile liability insurance for the motor vehicle or vehicles used to provide prearranged rides; or (g) Is not at least 19 years of age. Sec.34-131. Inspection Requirement A TNC shall not allow a TNC driver to accept trip requests through the TNC's digital network unless any motor vehicle or vehicles that a TNC driver will use to provide prearranged rides meets the inspection requirements of Section 307.350 of the Revised Statutes of Missouri. Sec.34-132. No Street Hails A TNC Driver shall not solicit or accept street hails. Sec.34-133.Privacy Policy All TNCs shall adopt a privacy policy to protect the personal identifying information of TNC riders. The privacy policy shall: 1. Include provisions regarding the disclosure of personal identifying information learned through a complaint or during the course of an investigation; 2. Be consistent with all applicable state and federal laws;and 3. Be submitted to the department as part of the application for a permit. Sec.34-134. No Discrimination;Accessibility 1. A TNC shall adopt a policy of non-discrimination with respect to riders and potential riders and notify TNC drivers of such policy. 2. TNC Drivers shall comply with all applicable laws regarding non-discrimination against riders or potential riders. 3. TNC Drivers shall comply with all applicable laws relating to accommodation of service animals. 4. A TNC shall not impose additional charges for providing services to persons with physical disabilities because of those disabilities. Sec.34-135. Records A TNC shall maintain the following customer records: 1. individual trip records of riders for at least one(1)year from the date each trip was provided; and Bill 2016-106—Page 17 Editor's note:Deleted language shown th&s.Added language shown thus. ; 2. individual records of TNC Driver customers at least until the one year anniversary of the date on which a TNC Driver's customer relationship with the TNC has ended. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: ►' V`AA- h, &/ 7 Approved: ! l la't l (p( � '7 . clitim,Le: ( Iii444,. . Presiding Officer IP Mayor Carrie Tergin ATTEST: - •_� - _----- -- APPROVED AS TO FORM: f ' 204P- - -- i a-"i7.--i,a i/(1 ',- gil I i r ( i . City Clerk - r - - City Co se •r 0 Bill 2016-106—Page 18 Editor's note:Deleted language shown thus.Added language shown thus.