Section 103-339; Ord. 17348; Amending Chapter 28 RE: Taxicabs and Limousines

Ordinance No.            17348              Council Bill No.          B 210-02A             

AN ORDINANCE

amending Chapter 28 of the City Code relating to taxicabs and limousines; and fixing the time when this ordinance shall become effective.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  Chapter 28 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended as follows:

    Material to be deleted in strikeout; material to be added underlined.

Sec. 28-77. Definitions.

    For the purpose of this article, the following definitions and rules of construction words and terms shall have the meanings respectively ascribed apply:

    Business license administrator. The City of Columbia business license administrator or the administrator’s his designee.

    Certified mechanic. Any mechanic certified by the State of Missouri to make the vehicle safety inspections required by state statute.

    Conviction.  This term shall include a plea of guilty or a finding of guilty followed by a suspended imposition of sentence.

    Director. The City of Columbia director of finance or the director’s his designee.

. . .

    Taxicab. A public passenger motor vehicle with a rated passenger-carrying capacity of six (6) eight (8) or less with driver furnished for hire on a call or demand basis to transport persons, packages or messages where 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 taximeter.

. . .

Sec. 28-78. Enforcement.

(a)    The provisions of this article shall apply to all vehicles which may be used as taxicabs or limousines or otherwise engage in the carriage of passengers as a vehicle for hire within the city limits of Columbia, except that this article shall not apply to any person who shall operate a vehicle for hire within the city limits solely for the purpose of discharging a passenger or a parcel of merchandise which originated outside of the city limits; provided, that the vehicle is not otherwise routinely based, operated or solicited within the city limits. The provisions of this article shall not apply to transportation provided by any person who possesses a permit issued by the State Division of Motor Carrier and Railroad Safety or Missouri Public Service Commission to transport passengers for hire and over whom the city has no authority.

. . .

Sec. 28-79. Permits, fees.

(a)    It shall be unlawful for any person, corporation or partnership to operate or conduct a taxicab business or limousine service or similar business within the city limits without first obtaining a permit.

(b)    It shall be unlawful for any person, corporation or partnership to operate any vehicle for hire within the city limits of Columbia unless that vehicle has a permit issued to it and the vehicle permit fee has been paid. The permit fee shall be fifteen dollars ($15.00) twenty dollars ($20.00) per annum for the first vehicle and five dollars ($5.00) ten dollars ($10.00) for each additional vehicle.

Sec. 28-80. Application.

    Any person desiring to secure a permit to engage in, operate or conduct a taxicab business or limousine service or similar business within the city shall file with the business license administrator a written application therefor, in duplicate, verified under oath, giving the following information:

. . .

    (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 theft or the sale of or possession of illegal 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 license or permit issued by the city business license administrator revoked or suspended.

. . .

Sec. 28-81. Investigation; granting of application.

. . .

(b)    Grounds to deny a permit to operate shall include, but not limited to, the following:

. . .

    (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.

    (4)     Whenever an applicant has outstanding judgments against him for damages resulting from the negligent operation of a vehicle.

    (5)    Whenever the applicant fails to have a current City of Columbia business permit or has not applied for a City of Columbia business permit concurrent with his application for a taxicab or limousine permit.

(c)    Applicants have the burden of demonstrating good moral character.  If an applicant has been convicted of a felony within the past ten (10) years or any misdemeanor involving theft or the sale of or possession of illegal drugs or sexual abuse within the past five (5) years or any municipal ordinance violation of leaving the scene of an accident or failure to report an accident or any violation of this article, the business license administrator may deny the license after considering the nature of the crime or ordinance violation committed in relation to the license sought, the conduct of the applicant since the violation, and other evidence as to the applicant’s character.

(cd)    Denial of a license by the business license administrator may be appealed pursuant to the provisions of section 13-31 of the City Code.

(de)    An applicant who has been denied a permit to operate shall not reapply for a permit to operate for a period of one year following the denial.

. . .

DIVISION 3. DRIVERS

Sec. 28-113.  Qualifications.

. . .
        
(c)    The driver’s certificate provided for herein shall not be issued or renewed until the fee for such certificate shall have been paid.  The driver’s certificate fee shall be one dollar ($1.00) ten dollars ($10.00) per year.

. . .


Sec. 28-115.  Grounds for refusal.
(a)    The business license administrator shall determine whether to issue a driver's certificate based upon the report of the chief of police and all other relevant facts and may deny the applicant a certificate when:

    (1)    The applicant filed an incomplete application.

    (2)    The applicant made a false statement on the application.

    (3)    The applicant has been convicted of:

        a.    A federal or state felony within the past ten (10) years;

        b.    Any misdemeanor involving theft or violence or the sale of drugs or sexual abuse within the past five (5) years;

        c.    Any state, county or municipal offense which involves driving a motor vehicle while intoxicated or driving a motor vehicle while under the influence of alcohol or narcotic drugs or driving a motor vehicle with excessive blood alcohol content within the past three (3) years;

        d.    Leaving the scene of an accident within the past two (2) years;

        e.    Failure to report an accident within the past two (2) years; or

        f.    Any violation of this article within the past two (2) years; or

    (43)    The applicant's state chauffeur's, operator's or driver's license was revoked or suspended within the past two (2) years.

    (54)    A permit or certificate issued to the applicant under this article was revoked within the past two (2) years.

    (65)    The applicant is an habitual drunkard or is addicted to the use of narcotic drugs.

(b)    Applicants have the burden of demonstrating good moral character.  If an applicant has been convicted of a felony within the past ten (10) years, any misdemeanor involving theft or violence or the sale of or possession of illegal drugs or sexual abuse within the past five (5) years or any offense which involves driving a motor vehicle while intoxicated or driving a motor vehicle while under the influence of alcohol or narcotic drugs or driving a motor vehicle with excessive blood alcohol content within the past three (3) years, or leaving the scene of an accident, failure to report an accident or any violation of this article within the past two (2) years, the business license administrator may deny the license after considering the nature of the crime or offense committed in relation to the license sought, the conduct of the applicant since the violation and other evidence as to the applicant’s character.
. . .

Sec. 28-117.  Duration and renewal.

(a)    Each driver’s certificate shall expire on the thirtieth day of June in each even-numbered year.

. . .

    SECTION 2.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 17th day of June, 2002.