Taxi & Transportation License
TABLE OF CONTENTS.
SEC.
19.02.001. DEFINITIONS.
SEC.
19.02.002. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
REQUIRED.
SEC.
19.02.003. APPLICATION FOR CERTIFICATE -- TO WHOM MADE
-- CONTENTS.
SEC.19.02.004.
DUTY OF CHIEF OF POLICE.
SEC.
19.02.005. COUNCIL APPROVAL -- STANDARDS FOR ISSUANCE
OF A CERTIFICATE.
SEC.
19.02.006. LIABILITY INSURANCE REQUIRED.
SEC.
19.02.007. FALSE INFORMATION CONTAINED IN THE APPLICATION.
SEC.
19.02.008. SUSPENSION OR REVOCATION OF CERTIFICATE.
SEC.
19.02.009. TRANSFER OF CERTIFICATES.
SEC
19.02.010. DUTY OF CERTIFICATE HOLDER TO ENFORCE COMPLIANCE
BY DRIVERS.
SEC.
19.02.011. SHORTAGE OF TAXICAB, JITNEY, OR SIGHTSEEING
VEHICLE SERVICE -- HOW CORRECTED.
SEC.
19.02.012. LICENSE FEE -- DURATION -- RENEWAL OF COMPLIANCE
LICENSE.
SEC.
19.02.013. SAFETY INSPECTION REQUIRED.
SEC.
19.02.014. VEHICLES - MARKINGS - NAME OF OWNER.
SEC.
19.02.015. VEHICLES MUST BE KEPT IN A CLEAN AND SANITARY
CONDITION.
SEC.
19.02.016. DISPLAY OF COMPLIANCE LICENSE.
SEC.
19.02.017. TRANSFER OF COMPLIANCE LICENSE TO OTHER VEHICLES.
SEC.
19.02.018. SIGHTSEEING VEHICLE SPECIFIC REGULATIONS.
SEC.
19.02019. TAXICAB, JITNEY, AND SIGHTSEEING VEHICLE DRIVER'S
PERMIT REQUIRED.
SEC.
19.02.020. DRIVER'S PERMIT -- APPLICATION -- CONTENTS.
SEC.
19.02.021. POLICE INVESTIGATION OF APPLICANT -- TRAFFIC
AND POLICE RECORD.
SEC.
19.02.022. STANDARDS FOR ISSUANCE OF PERMIT FOR DRIVERS.
SEC.
19.02.023. ISSUANCE OF PERMIT -- DURATION -- FEE.
SEC.
19.02.024. DISPLAY OF PERMIT.
SEC.
19.02.025. PROHIBITIONS OF DRIVERS.
SEC.
19.02.026. RESTRICTION ON NUMBER OF PASSENGERS.
SEC.
19.02.027. FAILURE TO COMPLY WITH CITY, STATE AND FEDERAL
LAWS.
SEC.
19.02.028. DENIAL OR SUSPENSION OF PERMIT.
SEC.
19.02.029. TAXICAB RATES OF FARE - RATE CARD REQUIRED.
SEC.
19.02.030. JITNEY AND SIGHTSEEING VEHICLES RATES OF
FARE - RATE CARD REQUIRED.
SEC.
19.02.031. RECEIPTS.
SEC.
19.02.032. MANIFEST.
SEC.
19.02.033. LICENSE OFFICER - APPOINTMENT.
SEC.
19.02.034. LICENSE OFFICER - POWERS AND DUTIES.
SEC.
19.02.035. EXAMINATION OF RECORDS.
SEC.
19.02.036. PENALTY.
SEC.19.02.037.
APPEAL PROCESS
SEC.
19.02.038. - 19.02.999 RESERVED.
SEC. 19.02.001. DEFINITIONS.
The following words and phrases, when used in this Article,
have the meanings set out herein:
CERTIFICATE means a certificate of public convenience and
necessity issued by the City of Independence authorizing
the holder thereof to operate a vehicle in the taxicab,
jitney, or sightseeing vehicle business in the City of Independence,
Missouri. A certificate is valid until revoked or suspended.
COMPLIANCE LICENSE will be issued to each vehicle in a
form proscribed by the License Officer as evidence that
the vehicle's owner has a certificate therefor.
CRUISING means the driving of a taxicab on the streets,
alleys, or other public places of the City of Independence,
Missouri, in search of or soliciting prospective passengers
for hire.
DESIGNATE shall mean the individual duly appointed by,
and authorized to act on behalf of, any officer or employee
assigned specific duties and responsibilities under this
Chapter.
DRIVER'S PERMIT means the permission granted by the City
of Independence, Missouri, to a person to drive a taxicab,
jitney, or sightseeing vehicle upon the streets of said
City.
GROUP RIDING means an arrangement between individuals whereby
they pool their private transportation resources, either
by using the personal automobile of one member of the group
with the others contributing to the cost of operating such
automobile, or by rotating the use of their personal automobiles
with joint contribution to the cost by the other members
of the group, or when any employer provides transportation
for their employees and for none other, for a charge. The
term "group riding" shall not include the operation
of a taxicab, or other vehicles for hire, or the commercial
transportation of persons by public or private conveyances,
whether on regular routes or special trips, between different
localities or otherwise; and all such taxicab, jitney, livery
vehicle, sightseeing vehicle, or other commercial operations
shall continue to be subject to the existing ordinances
applicable thereto.
HOLDER means a person to whom a certificate of public convenience
and necessity has been issued.
JITNEY means any automobile, motor bus or other vehicle
run, driven or operated upon or along any street, between
definite or substantially fixed points or terminals or along
a definite or substantially fixed route, whether entirely
within the City or partly within and partly without the
City, and carrying passengers for compensation, or furnishing
passengers transportation for compensation upon or along
the streets, from, to and between definite or substantially
fixed localities or districts, whether such compensation
is payable per trip, weekly, periodically or otherwise,
directly or indirectly.
LICENSE OFFICER means the individual(s) so appointed by
the City Manager.
LIVERY VEHICLE means a public passenger vehicle with driver
furnished, for hire only by written agreement for exclusive
use at a charge fixed in advance.
MANIFEST means a daily record prepared by a taxicab driver
of all trips made by said driver, showing time and place
of origin, destination, number of passengers, and the amount
of the fare of each trip.
RATE CARD means the card issued by the License Officer
for display in each taxicab which contains the rate of fares
then in force for the period appearing thereon.
SHARED RIDE means a nonexclusive use of a taxicab by two
or more unrelated passengers having either a common point
of origin or a common destination point, and traveling in
the same general direction.
SIGHTSEEING VEHICLE means a public passenger vehicle with
driver furnished, for hire on regularly routed sightseeing
tours, at a charge or fare per passenger or per hour fixed
by agreement in advance, provided further that such sightseeing
vehicles are:
(1) Not to be used for point-to-point transportation of
passengers or goods;
(2) To be returned to a regular place of garage or point
of origin of the regularly scheduled tour between hires;
and
(3) Not to cruise in search of patronage.
TAXICAB means a public passenger vehicle with a rated passenger
carrying capacity of ten (10) or less with driver, furnished
for hire on a call or demand basis to transport persons,
packages or messages, where the route traveled and trip
destination are controlled by the passenger, and at a charge
or fare based upon time and mileage and recorded and indicated
on a taxi meter.
TAXICAB COMPANY means a person, partnership, association
or corporation that owns, controls and operates a taxicab
service utilizing taxicab certificates of which it is the
holder.
TAXI METER means a meter, instrument, or device attached
to a taxicab which measures mechanically the distance driven
and the waiting time on which the fare is based.
WAITING TIME means the time a taxicab is not in motion
from the time of acceptance of a passenger or passengers,
to the time of discharge, but does not include traffic delay
time.
Return to the Table of Contents
SEC. 19.02.002. CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY REQUIRED.
A. A valid certificate of public convenience and necessity
authorized by the City Council will be required for the
operation of any taxicab, jitney, or sightseeing vehicle
for hire on the streets of Independence, Missouri, before
they begin operation. This certificate shall be required
for the operation of each and every taxicab, jitney, or
sightseeing vehicle for which passengers are solicited within
the city limits by any means including but not limited to
direct solicitation by words or actions, cruising and occupying
taxicab stands or zones, and for every taxicab, jitney,
or sightseeing vehicle providing transportation for hire
between two points within the city limits.
B. This certificate shall be in addition to any business
or occupation license required by ordinance. A certificate
will not be issued until the business or occupation license
is paid.
C. A certificate of public convenience and necessity is
not required for:
1. Group Riding.
2. Vehicles used exclusively in the transportation of pupils
to and from school.
3. Taxicabs, jitneys, or sightseeing vehicles that are
licensed in another jurisdiction and only delivering a passenger(s)
to a location within the City.
4. Livery Vehicles.
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SEC. 19.02.003. APPLICATION FOR
CERTIFICATE -- TO WHOM MADE -- CONTENTS.
Any person desiring to operate one or more taxicabs, jitneys,
or sightseeing vehicles in the City shall make written application
for a certificate or renewal thereof with the License Officer
upon forms provided by the City; and said application shall
be verified under oath and shall furnish the following information:
1. The name, address, date of birth and social security
number of the applicant and the trade name for the business;
if a corporation, its name, date, and place of incorporation,
address of its principal place of business, and the names
of its principal officers together with their respective
residence addresses, date of birth and social security number;
and if a partnership, association, or unincorporated company,
the names of the partners or other persons comprising the
association or company and the business and residence address,
date of birth and social security number of each partner
or person.
2. Any facts which the applicant believes tend to prove
the public convenience and necessity requires the granting
of a certificate.
3. The number of vehicles to be operated or controlled
by the applicant and a description of each vehicle including
make, model, and the year of manufacture, motor vehicle
license number for the current year, motor or chassis number,
and length of time the vehicle has been in use as a taxicab,
jitney or sightseeing vehicle.
4. The location of the proposed depots and terminals.
5. The color scheme and/or insignia to be used to designate
the vehicle or vehicles of the applicant.
6. Whether or not the applicant, or any person listed in
subsection (1) of this section, has been convicted of violating
any federal or state felony law or been convicted of violating
any provision of this Article or a similar provision of
any other governmental entity or ever had a certificate
or permit issued under this section, or any other governmental
entity, revoked or suspended.
7. Any further information as the License Officer may reasonably
require.
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SEC.19.02.004. DUTY OF CHIEF OF
POLICE.
Within ten (10) days after receipt of an application as
provided for herein, the License Officer shall cause a copy
of the application to be directed to the Chief of Police
of the City.
It shall be the duty of the Chief of Police of the City
to investigate all named in the application. Within fifteen
(15) days after receipt of a copy of the application, the
Chief of Police shall forward a written report to the License
Officer. Conviction of a Federal or State felony, conviction
of a violation of this Code or similar provisions of any
other governmental entity, or any other conviction may be
deemed by the License Officer to render the applicant unfit
to obtain a certificate.
After the License Officer receives the written report of
the Chief of Police, this report, together with the License
Officer's recommendations, shall be forwarded to the City
Manager for Council action.
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SEC. 19.02.005. COUNCIL APPROVAL
-- STANDARDS FOR ISSUANCE OF A CERTIFICATE.
The City Manager within ninety (90) days after receipt
by the License Officer of an application for a certificate
of convenience and necessity, shall bring before the Council
the written report of the License Officer and the Chief
of Police concerning subject application. The Council shall
consider the application and shall issue a certificate when
it finds that the public convenience and necessity require
the proposed service.
In determining whether the public convenience and necessity
require the licensing of a proposed taxicab, jitney, or
sightseeing vehicle service, the Council shall consider
whether the public is, at the time, adequately served, the
financial responsibility of the applicant, the number, kind,
and type of equipment, the increased traffic congestion
of the streets of the City, demand for increased parking
space on the streets which will result, whether the safe
use of the streets by the public, both vehicular and pedestrian,
will be preserved, and other facts as the Council shall
consider relevant. In addition the Council may consider:
1. That the taxicab, jitney, or sightseeing vehicles and
premises have been certified by the License Officer and
other departments as provided herein.
2. That insurance policies as required have been procured.
3. That the applicant is fit, willing and able to provide
the public transportation and to conform to the provisions
of this Article.
4. That all the requirements of this Article and all other
ordinances and laws have been complied with by the applicant.
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SEC. 19.02.006. LIABILITY INSURANCE
REQUIRED.
Before a certificate of public convenience and necessity
can be issued, the applicant must file with the License
Officer a certificate proving insurance coverage for each
vehicle to be used as a taxicab, jitney, or sightseeing
vehicle for injury to or death of persons in accidents resulting
from any cause of which the owner of the vehicle would be
liable by law, regardless of whether the taxicab, jitney,
or sightseeing vehicle was being driven by the owner, an
agent, or lessee, and against damage to the property of
another, including personal property, in amounts as required
by State Statutes or Regulations, but not less than Twenty-Five
Thousand Dollars ($25,000.00) for any one person, Fifty
Thousand Dollars ($50,000.00) for any one accident, and
Ten Thousand Dollars ($10,000.00) for property damage in
any one accident.
Every insurance policy required shall extend for a period
covered by the license applied for, and the insurer shall
be obligated to give not less than ten (10) days notice
in writing to the License Officer before cancellation or
termination thereof. The cancellation or termination of
any policy shall automatically terminate and revoke the
certificate issued to the taxicab, jitney, or sightseeing
vehicle covered by the policy, unless another policy complying
with the provisions of this section is provided and is in
effect at the time of the cancellation or termination.
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SEC. 19.02.007. FALSE INFORMATION
CONTAINED IN THE APPLICATION.
Where a new certificate is being applied for, any false
information contained in the application shall be considered
sufficient grounds for denial of the certificate. Any false
information contained in any renewal application so filed
in accordance with this Article shall be considered sufficient
grounds for revocation or suspension of any issued certificate.
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SEC. 19.02.008. SUSPENSION OR REVOCATION
OF CERTIFICATE.
The following actions shall be considered as grounds for
suspension or revocation of a certificate of public convenience
and necessity:
1. A certificate holder has knowingly, and after written
notice from the License Officer, failed to operate the business
in accordance with the provisions of this Article or any
and all other ordinances and state and federal laws applicable
to the taxicab, jitney, or sightseeing vehicle business.
2. A certificate holder has been convicted of any crime
the conviction of, or sentencing on, which is reasonably
related to the competency of the person to exercise the
right or privilege of the permit applied for.
3. The certificate holder has abandoned operation of the
taxicab, jitney, or sightseeing vehicle business for a period
of ninety (90) days; provided, however, that interruption
of business due to mechanical failures, labor disputes,
or acts of God shall not be considered abandonment.
4. Continued failure of certificate holder or employee(s)
to obey and abide by any and all rules of the traffic code
of the City of Independence.
5. The certificate holder fails to correct violations within
ten (10) days from date of notification of violations of
the specifications and requirements of this chapter.
6. Violation of the terms of this Article or other ordinances
of the City of Independence, Missouri or the laws of the
State of Missouri.
7. Failure of certificate holder to pay the fees required
by this Article.
8. Failure of certificate holder to obtain and/or properly
display compliance license.
The License Officer may, upon recommendation of the Chief
of Police or Health Director or upon his/her own motion,
conduct a hearing to determine if any certificate of public
convenience and necessity issued under authority of this
Article should be suspended or revoked.
The certificate holder shall be given not less than ten
days written notice prior to the hearing. The notice shall
set out the reasons for which the hearing is called and
shall command the certificate holder to be present at such
hearing and show cause, if any, why the certificate should
not be suspended or revoked. The notice shall be served
by a police officer or agent of the office of License Officer
and may be served upon the certificate holder or by leaving
a copy of the notice with the certificate holder, or with
a person or employee in charge of the place of business
of said certificate holder, or by mailing said notice by
certified mail to the certificate holder at his or her last
known business or residence address or by posting a copy
of said notice on the certificate holders premises.
The certificate holder shall have the right to appeal the
decision of the License Officer, as set out in Section 19.02.038
of this Article.
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SEC. 19.02.009. TRANSFER OF CERTIFICATES.
A certificate of convenience and necessity issued hereunder
shall not be transferable.
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SEC 19.02.010 DUTY OF CERTIFICATE
HOLDER TO ENFORCE COMPLIANCE BY DRIVERS.
A. The certificate holder shall establish a policy and
take action to discourage, prevent or correct violations
of this Code by taxicab, jitney, or sightseeing vehicle
drivers employed or contracting with the certificate holder.
B. No certificate holder under this section will allow
a taxicab, jitney, or sightseeing vehicle driver who is
employed or contracting with the certificate holder to drive
a taxicab, jitney, or sightseeing vehicle if the certificate
holder knows or has reasonable cause to know that the driver
has failed to comply with this Code, the rules and regulations
established by the License Officer or other applicable law.
Return to the Table of Contents
SEC. 19.02.011. SHORTAGE OF TAXICAB,
JITNEY, OR SIGHTSEEING VEHICLE SERVICE -- HOW CORRECTED.
If at any time it is determined that there is not a sufficient
number of taxicabs, jitneys, or sightseeing vehicles in
operation to adequately meet the public need, the License
Officer shall so notify the current certificate holders,
by certified mail. Should the certificate holders fail to
correct this shortage or not do so within thirty (30) days
from date of notification, the License Officer may make
public notification of the opening for applications for
certificates of public convenience and necessity.
Return to the Table of Contents
SEC. 19.02.012. LICENSE FEE --
DURATION -- RENEWAL OF COMPLIANCE LICENSE.
No certificate shall be issued, or continued in operation
unless the applicant or the holder has paid an annual compliance
license fee of Twenty-Five Dollars ($25.00) per vehicle.
Any certificate issued under this Article shall be valid
until revoked or suspended. Compliance licenses are valid
for the twelve month period beginning the first day of the
month in which a license is granted or renewed, and shall
coincide with the certificate holders renewal period for
an Occupation License. The fee shall be in addition to any
other license fee or charges established by any business
and occupational license ordinances of the City.
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SEC. 19.02.013. SAFETY INSPECTION
REQUIRED.
The applicant for a certificate must furnish to the License
Officer for each vehicle to be used, a Missouri State Safety
Inspection Certificate or its equivalent for the current
year. It shall be the duty of the applicant to cause each
vehicle to be equipped with the necessary safety equipment
required by the Traffic Code of the City and the Laws of
the State and Federal Governments. The City reserves the
right to require inspection, at its option, by the Independence
Central Garage. Failure to provide a safe and adequate vehicle
at the time of making of the application shall be grounds
for the refusal of a certificate.
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SEC. 19.02.014. VEHICLES - MARKINGS
- NAME OF OWNER.
Each taxicab, jitney, or sightseeing vehicle shall bear
on the outside and on each side in painted letters not less
than three inches (3") nor more than fifteen inches
(15") in height the name of the owner; and, in addition,
may bear an identifying design approved by the License Officer.
No vehicle covered by the terms of this Article shall be
licensed whose color scheme, identifying monogram, or insignia
to be used thereon shall, in the opinion of the License
Officer, conflict with or imitate any color scheme, identifying
design, monogram, or insignia used on a vehicle or vehicles
already operating under this Article in such manner as to
be misleading or tend to deceive and defraud the public.
If after a license has been issued for a taxicab, jitney,
or sightseeing vehicle hereunder, the color scheme, identifying
design, monogram, or insignia thereof is changed so as to
be in the opinion of the License Officer in conflict with
or imitate any color scheme, identifying design, monogram,
or insignia used by any other person, owner, or operator
in a manner as to be misleading or tend to deceive the public,
then the certificate for the taxicab(s), jitney(s), or sightseeing
vehicle(s) shall be suspended or revoked.
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SEC. 19.02.015. VEHICLES MUST BE
KEPT IN A CLEAN AND SANITARY CONDITION.
Every vehicle operating under this Article shall be kept
clean and sanitary according to rules and regulations which
may from time to time be adopted by the Director of Health.
The Director of Health shall ensure all taxicabs, jitney,
or sightseeing vehicle licensed by the City are inspected
at least twice a year for compliance with the Health Department's
rules and regulations.
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SEC. 19.02.016. DISPLAY OF COMPLIANCE
LICENSE.
No holder of a certificate shall allow vehicles owned by
the certificate holder to operate within the City limits
of the City of Independence without a current compliance
license displayed thereon.
The compliance license must be displayed in the lower left
portion of each vehicle's windshield; the license shall
be permanently attached.
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SEC. 19.02.017. TRANSFER OF COMPLIANCE
LICENSE TO OTHER VEHICLES.
A compliance license issued to any vehicle may be transferred
to another vehicle belonging to the same certificate holder
upon filing with the License Officer an application, duly
verified and showing that the vehicle previously licensed
has become obsolete or has been destroyed or that the vehicle
is no longer to be used. The vehicle, to which the license
is to be transferred, shall conform with all of the requirements
of this Article. If satisfied the transfer is in good faith
and not for the purpose of evasion, the License Officer
shall require a surrender of the former license and issue
a new one upon payment of a transfer fee of Five Dollars
($5.00).
Return to the Table of Contents
SEC. 19.02.018. SIGHTSEEING VEHICLE
SPECIFIC REGULATIONS.
A. Sightseeing vehicles shall not be equipped with a taxi
meter.
B. A vehicle operated as a livery vehicle may not be used
for sightseeing purposes, unless the Certificate requirements
are first met.
C. A sightseeing vehicle shall not cruise in search of
patronage and shall not be used for point-to-point transportation
of passengers or goods. All sightseeing vehicles shall be
returned to their regular place or garage or point of origin
of the regularly scheduled tour between hires. The routes
or areas of operation and hours thereof of non-motorized
sightseeing vehicles must be approved in advance by the
License Officer. All certificates issued under this Article
may be used on all such routes or areas of operation.
D. Care of animals used for nonmotorized jitney or sightseeing
vehicles shall be in conformance with Chapter 3 of the City
Code.
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SEC. 19.02.019. TAXICAB, JITNEY,
AND SIGHTSEEING VEHICLE DRIVER'S PERMIT REQUIRED.
No person shall operate a taxicab, jitney, or sightseeing
vehicle for hire upon the streets of the City of Independence,
and no person who owns or controls a taxicab, jitney, or
sightseeing vehicle shall permit it to be driven, and no
taxicab, jitney, or sightseeing vehicle licensed by the
City of Independence shall be driven at any time for hire,
unless the driver of the taxicab, jitney, or sightseeing
vehicle shall have first obtained and shall have then in
force a taxicab, jitney, or sightseeing vehicle driver's
permit issued under the provisions of this Article; provided,
however, that a temporary permit may, at the License Officer's
discretion, be issued upon the filing of an application
for a period of not more than ninety (90) days to permit
the investigation required of the applicant to be completed.
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SEC. 19.02.020. DRIVER'S PERMIT
-- APPLICATION -- CONTENTS.
Application for permits shall be made on forms supplied
by the License Officer, and shall contain:
1. A statement giving applicant's full name, residence,
place of residence for three (3) years previous to moving
to this present address.
2. Age, date of birth, social security number, height,
weight, color of eyes and hair, and commercial driver's
or operator's license number and date of expiration.
3. Any further information as the License Officer may reasonably
require.
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SEC. 19.02.021. POLICE INVESTIGATION
OF APPLICANT -- TRAFFIC AND POLICE RECORD.
The Police Department shall conduct an investigation of
each applicant for a taxicab, jitney, or sightseeing vehicle
driver's permit, and a report of the investigation and a
copy of the traffic and police record of the applicant,
if any, shall be attached to the application for the consideration
of the License Officer.
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SEC. 19.02.022. STANDARDS FOR ISSUANCE
OF PERMIT FOR DRIVERS.
The License Officer shall issue a permit under this section
when it is found that the applicant:
1. Is of the age of eighteen (18) years or over.
2. Is not addicted to the use of intoxicating liquors or
narcotics.
3. Has knowledge of the City and the traffic code regulating
the operation of motor vehicles upon the streets of the
City of Independence, Missouri.
4. Is in possession of a valid commercial driver's license.
5. Has complied with all of the requirements of this Article
and all other governing laws or ordinances.
6. Has not had driver's permit revoked or been convicted
of any crime the conviction of, or sentencing on, which
is reasonably related to the competency of the person to
exercise the right or privilege of the permit applied for.
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SEC. 19.02.023. ISSUANCE OF PERMIT
-- DURATION -- FEE.
Upon approval of an application for a taxicab, jitney,
or sightseeing vehicle driver's permit, the License Officer
shall issue a permit to the applicant which shall bear the
name, address, date of birth, and signature of the applicant.
Every application for a permit shall be accompanied by a
permit fee of Fifteen Dollars ($15.00). A permit is valid
unless revoked or suspended, for three (3) years from the
date of issuance and may be renewed at the same rate and
for the same period of time.
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SEC. 19.02.024. DISPLAY OF PERMIT.
Every driver's permit displayed in a place as to be in
full view of all passengers while the driver is operating
a taxicab, jitney, or sightseeing vehicle.
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SEC. 19.02.025. PROHIBITIONS OF
DRIVERS.
It shall be a violation of this Article for any driver
of a taxicab, jitney, or sightseeing vehicle to solicit
business for any hotel, or to attempt to divert patronage
from one hotel to another. Neither shall the driver engage
in selling intoxicating liquors while operating the vehicle
or soliciting business for any house of ill repute, or use
said taxicab, jitney, or sightseeing vehicle for any purpose
other than the transportation of passengers.
Drivers of taxicabs, jitney, or sightseeing vehicle shall
not receive or discharge passengers in the roadway, but
shall pull up to the right-hand sidewalk as nearly as possible
or in the absence of a sidewalk, to the extreme right-hand
side of the road and there receive or discharge passengers,
except upon one-way streets, where passengers may be discharged
at either the right or left-hand sidewalk or the side of
the roadway in the absence of a sidewalk.
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SEC. 19.02.026. RESTRICTION ON
NUMBER OF PASSENGERS.
No driver shall permit more persons to be carried in a
taxicab, jitney, or sightseeing vehicle as passengers than
the rated seating capacity established by the manufacturer.
When required by state statutes approved child restraint
seats shall be provided.
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SEC. 19.02.027. FAILURE TO COMPLY
WITH CITY, STATE AND FEDERAL LAWS.
Every driver who received a permit under this Article shall
comply with all of the City, State and Federal laws. Failure
to do so will justify the License Officer in suspending
a permit in the manner specified in Section 19.02.028. The
City reserves the right to review the status of all permits
at any time.
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SEC. 19.02.028. DENIAL OR SUSPENSION
OF PERMIT.
The License Officer may deny or suspend a driver's permit
if the applicant or permittee does not meet the standards
identified in this Article. Any false information provided
or contained in the application shall be considered sufficient
grounds for denial or suspension of the driver's permit.
When the License Officer denies a driver's permit application,
the applicant shall be given written notice of the denial
that includes the reason for the denial of the driver's
permit application. Notice of application denial shall be
served by the License Officer and shall be served upon the
applicant by leaving a copy of the notice with certificate
holder or mailing the denial notice to the applicant's last
known business or residence address.
Any applicant or permittee aggrieved by the decision of
the License Officer to deny or suspend a driver's permit
shall have the right to a hearing before the License Officer
by filing with the License Officer a written request for
a hearing within ten (10) days after service of the notice
of the notice of denial. Upon receipt of the request for
a hearing by the applicant or permittee, the License Officer
shall set a time and place for holding a hearing and shall
direct written notice of the hearing to be served on the
applicant or permittee in the same manner as a notice of
suspension or revocation is served in this Article. The
License Officer shall render a decision and report such
decision to the applicant or permittee within ten (10) days
after the date of the hearing.
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SEC. 19.02.029. TAXICAB RATES OF
FARE - RATE CARD REQUIRED.
A) Use of taxi meter required. While in service
as a taxicab, each vehicle shall be operated with its taxi
meter engaged.
B) Fares generally. The passenger fares for taxicab
service shall be meter-based, established in accordance
with the following standards.
(1) Mileage charge. A charge for the first portion
of a mile, or any fraction thereof, and a charge for each
additional portion of a mile, or fraction thereof, with
such distances and charges to be set by the certificate
holder. In no event shall the metered fare schedule established
by the certificate holder result in a fare of a ten-mile
trip which exceeds one hundred twenty five percent (125%)
of the weighted average fare for such trip of all taxicabs
operated pursuant to this Code.
(2) Waiting time. A charge set by the certificate
holder for each one minute, or fraction thereof, of waiting
time. The first three minutes elapsing prior to the arrival
of a passenger at the beginning of a trip shall not be included
in computing waiting time, and in no event shall any time
be included as waiting time for any period prior to the
time fixed for the arrival of the taxicab by the prospective
passenger when calling for a cab.
(3) Traffic delay time. A charge set by the certificate
holder for each one minute of delay time.
C) Filing of schedule; display of rates. The certificate
holder shall have the right to establish a metered fare
schedule applicable to all taxicabs operated by that certificate
holder. Such schedule shall be filed with the License Officer
at least 30 days before it shall become effective. Rates
may not be changed more frequently than every 30 days. The
License Officer will recalculate the weighted average for
a ten-mile trip once a month. It shall be unlawful to charge
any fare for taxicab service other than a fare determined
from the schedule filed with the License Officer in accordance
with this subsection. In addition to the rate card which
sets forth the authorized rates of fare and is displayed
in such a place as to be in view of all passengers, the
certificate holder shall display the rates on the exterior
of the vehicle in such location and manner as may be approved
in advance by the License Officer.
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SEC. 19.02.030. JITNEY AND SIGHTSEEING
VEHICLES RATES OF FARE - RATE CARD REQUIRED.
A) Jitney vehicles. Jitney vehicles shall be for hire at
a charge or fare per passenger either at the point of pick-up
or in advance.
B) Sightseeing vehicles. Sightseeing vehicles shall be
for hire at a charge or fare per passenger or per hour fixed
by written agreement in advance.
C) Filing; change of rates. Fares established for jitney
and sightseeing vehicles shall be filed with the License
Officer at least 30 days before they shall become effective.
Rates may not be changed more frequently than every 30 days.
It shall be unlawful to charge any fare for jitney or sightseeing
vehicles service other than the fares filed with the License
Officer in accordance with this subsection.
D) Each company operating a jitney vehicle service or sightseeing
tours shall maintain accurate records disclosing the number
of trips per vehicle and the hours used. Such records shall
be open to inspection by the License Officer.
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SEC. 19.02.031. RECEIPTS.
The driver of any taxicab shall, when requested by a passenger,
render to the passenger a receipt for the amount charged
either by a mechanically printed receipt or by a specially
prepared receipt, on which shall be the name of the owner,
the certificate number of the vehicle, amount of charge,
date of transaction; and the receipt shall be signed by
the driver.
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SEC. 19.02.032. MANIFEST.
Every driver shall maintain a daily manifest on which is
recorded all trips made each day, showing time and place
of origin, destination, and amount of fare. The completed
manifest shall be returned to the certificate holder by
the driver at the conclusion of that driver's tour of duty.
The forms for each manifest shall be furnished to the driver
by the certificate holder, and shall be of a character approved
by the Police Chief or designate.
Every holder of a certificate of public convenience and
necessity shall return and preserve all driver's manifests
in a safe place for at least twenty four (24) months, and
said manifest shall be available to the Police Department
or License Officer for inspection.
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SEC. 19.02.033. LICENSE OFFICER
- APPOINTMENT.
There is hereby established the position of License Officer
who shall be appointed by the City Manager.
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SEC. 19.02.034. LICENSE OFFICER
- POWERS AND DUTIES.
The License Officer shall exercise all powers as they relate
to the administration of this Article, with respect to the
processing of applications for certificates, applications
for driver's permits, issuance of certificates, issuance
of driver's permits and shall:
1. Prescribe all forms for applications, certificates,
and driver's permits in compliance with the provision of
this section of the Code.
2. Process certificate and driver's permit applications.
3. Keep a record of all certificates and driver's permit
issued and of the suspension and revocation of any certificates
or driver's permits.
4. Investigate and determine the eligibility of any applicant
for a certificate or driver's permit as described in this
section.
5. Notify any applicant of the acceptance or rejection
of said application.
6. Examine the books and records of any applicant, or certificate
holder when reasonably necessary to determine the eligibility
of the person applying for a certificate, a certificate
renewal, driver's permit, or a driver's permit renewal or
to determine that the provisions of this section have been
fully complied with by the applicant, or certificate holder.
7. Hold hearings concerning the suspension or revocation
of certificates or drivers permits.
8. Recommend approval of certificates.
9. Suspend or revoke certificates and approve, suspend
or revoke driver's permits, as further set out in this section.
10. Make reasonable rules, regulations, orders and directions
as may be necessary and feasible for carrying out the duties
of the License Officer which are not inconsistent with the
provision of this section.
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SEC. 19.02.035. EXAMINATION OF
RECORDS.
Every person to whom a certificate or driver's permit has
been issued under this Article agrees, as a condition for
the privilege of holding such certificate or driver's certificate,
the License Officer or his duly appointed representative
shall have the right at any time and privilege to require
the certificate holder or driver to produce for the purpose
of inspection, any and all certificates, permits, licenses
and other records as required by this code for the purpose
of ascertaining compliance by the certificate holder or
driver with the provisions of this Article.
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the Table of Contents
SEC. 19.02.036. PENALTY.
Any person, firm and/or corporation violating any provision
of this Article shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be punished by a fine
of not less than One Hundred Dollars ($100.00) nor more
than Five Hundred Dollars ($500.00), or by imprisonment
for not more than six (6) months, or by both fine and imprisonment.
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the Table of Contents
SEC.19.02.037. APPEAL PROCESS
Any certificate holder, driver permittee or driver permittee
applicant aggrieved by the decision of the License Officer
to suspend or revoke a certificate or to deny, suspend or
revoke a driver's permit shall have the right to appeal
the License Officer's decision to the City Council by filing
a written appeal with the City Clerk within five (5) days
after the notice is served on the certificate holder or
permittee. No certificate holder, permittee or applicant
shall have the right to appeal the decision of the License
Officer unless said certificate holder, permittee or applicant
has requested a hearing as provided in this Article.
The written appeal shall set out a copy of the order or
decision being appealed, shall include a statement of the
facts concerning the order, and shall state wherein the
certificate was wrongfully suspended or revoked or the permit
was wrongfully denied, suspended, or revoked. At the time
of filing any such appeal a copy shall be filed by the appellant
with the License Officer.
The City Council shall fix a time and place for hearing
the appeal and shall direct written notice to be served
as provided in Article 19.02.008, for service of a notice
of suspension or revocation, upon the appellant to provide
that information. The City Clerk shall give notice to the
License Officer who shall be entitled to appear in defense
of his or her decision.
The findings of the City Council shall be final and conclusive
and shall be served upon the appellant in the manner provided
above for service of notices of suspension or revocation.