5.75.030 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY.

(a) No person shall engage in the business of operating any taxicab to pick up passengers within the City without having first obtained a certificate of public convenience and necessity from the City Manager.

(b) All persons applying to the City Manager for a certificate for the operation of one or more taxicabs shall file a letter with the Tax Collector containing the following information:

(1) The name and address of the owner or person applying;

(2) The number of vehicles actually owned, and the number of vehicles actually operated, by such owner on the date of application, if any;

(3) The number of vehicles for which a certificate of public convenience and necessity is desired;

(4) The make, type, year of manufacture, and passenger seating capacity of each taxicab for which application for a certificate of public convenience and necessity is made;

(5) The make and type of taximeter intended to be installed in each taxicab for which the application for a certificate of public convenience and necessity is made;

(6) A description of the proposed color scheme, insignia, trade style, or any other distinguishing characteristics of the proposed taxicab design.

(7) Such other information as the City Manager may require.

(c) This application letter should be filed along with the owner's application for a taxicab company permit (see Section 5.75.040).

(d) No certificate of public convenience and necessity shall be granted until the City Manager or designee has found that the public convenience and necessity require the proposed taxicab service.

(e) Before any application is acted upon, the Chief of Police shall cause an investigation to be made and shall report his or her findings, in writing, to the City Manager, on the following:

(1) The demand of the public for additional taxicab service;

(2) The adequacy of existing mass transportation and taxicab service;

(3) The financial responsibility and experience of the applicant;

(4) The number, kind, and type of equipment and the color scheme to be used;

(5) The effect which such additional taxicab service may have upon traffic congestion and parking;

(6) Whether or not the additional taxicab service will result in a greater hazard to the public;

(7) Such other relevant facts as the City Manager may deem advisable or necessary.

(f) The City Manager or designee shall investigate and hold a public hearing on the application for a certificate, and he or she shall take evidence at this hearing concerning the application.

(g) If the public convenience and necessity require the additional taxicab service, the City Manager or designee shall grant certificates of public convenience and necessity to those owners applying therefor.

The City Manager or designee shall determine the number of taxicabs which the public convenience and necessity indicate the applicant or applicants may operate.

No certificate of public convenience and necessity shall be issued to any owner or owners who have not fully complied with all of the requirements of this chapter.

(h) The provisions of this section shall not affect the number of taxicabs operating with valid licenses on the effective date hereof.

(i) Every owner operating a licensed taxicab or licensed taxicabs prior to the effective date of this section shall be presumed, in the event of no contrary evidence and findings of the City Manager or designee, to have established prima facie evidence of public convenience and necessity for the licensing of a taxicab or taxicabs actually in operation, and the City Manager or designee, upon written application, as in this section provided, received by him or her not later than 15 days after the effective date of the ordinance codified in this section, shall grant a certificate or certificates to such owner for each such taxicab or taxicabs. No fee shall be charged such owner for the filing of such application. All taxicab permittees in accordance with the terms of this chapter, shall have their permits renewed for each succeeding year without a finding of convenience and necessity by the City Manager, provided all other requirements of Sections 5.75.060 through 5.75.150 are complied with.

(j) If the service for which a certificate is granted is not provided, or if the owner sells, transfers, or discontinues his or her business for a period of 30 consecutive days, the certificate shall be automatically canceled and shall be reissued only in accordance with the provisions of this section. In the case of a sale or transfer, the City Manager or designee has discretion to waive some or all of the requirements needed to obtain a new certificate of public convenience and necessity as long as the new business owner does not intend to operate more taxicabs than those approved for the previous owner.

(k) Whenever an owner sells or transfers title to a taxicab or taxicabs for which a certificate or certificates have been granted, and within 30 days after such a sale or transfer, purchases other taxicabs to replace those which were sold or transferred, the City Manager or designee shall, as a matter of right, upon written application within 30 days of such purchase, issue a new certificate or certificates for the operation of no greater number of taxicabs than those sold or transferred; provided the owner has complied with all of the provisions of this chapter. No fee shall be charged for the filing of such an application.

(l) Any owner whose taxicab or taxicabs for which a certificate or certificates have been destroyed in any manner, will, as a matter of right, upon written application to the City Manager or designee within 30 days after such destruction, be issued a new certificate or certificates for the operation of no greater number of taxicabs than those so destroyed; provided such owner has complied with all of the provisions of this chapter. No fee shall be charged for the filing of such application.

(m) No fee shall be charged for the filing of application for certificates of public convenience and necessity, as herein specified, but fees shall be paid to the Tax Collector in the amount and manner specified in Section 5.75.020.

(n) For each taxicab that a taxicab owner desires to operate to pick up passengers within the City, the owner shall, before operating such a taxicab, obtain a permit pursuant to Section 5.75.040.