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Except as where context otherwise requires, the definitions given in this section govern the construction of this chapter:

A. "City" means the City of Berkeley.

B. "Digital Network" means an online-enabled application software, website, or system offered, utilized, or controlled by a Transportation Network Company that enables the prearrangement of transportation services by Drivers with Users.

C. "Driver" means a person who receives connections to potential Users through a Digital Network and uses a vehicle to offer or provide Prearranged Transportation Services to those Users.

D. "Exempt Trip" means any Trip for a Government Healthcare Payor or WAV Trip.

E. "Originate" refers to the location where a passenger of a Prearranged Transportation Service is picked up by a Driver. It does not refer to the location of the User who arranges the Prearranged Transportation Service, if different.

F. "Person" or "people" mean any non-exempt individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.

G. "Pooled Prearranged Trip" means a prearranged trip which, prior to its commencement, a User requests through the transportation network company’s digital network to share the ride with one or more passenger for whom a separate fare will be charged and for which the fare is calculated, in whole or in part, based on the User’s request for the ride to be shared with other passengers, regardless of whether other passengers actually share all or a part of the ride.

H. "Prearranged Trip" means the transportation of one or more passengers in a single vehicle at the same time by a Driver that is arranged through a Digital Network for which a fee is charged.

I. "Prearranged Transportation Service" means a "Prearranged Trip" or a "Pooled Prearranged Trip."

J. "Tax", "Transportation Network Company User Tax", or "TNC User Tax" means the tax imposed by this chapter.

K. "Transportation Network Company" or "TNC" means an organization, including, but not limited to, a corporation, limited liability company, partnership, sole proprietor, or any other entity, that provides Prearranged Transportation Services for compensation using a Digital Network to connect Users with Drivers.

L. "Trip for a Government Healthcare Payor" means a Prearranged Trip that is paid for or reimbursed by a state, or federal government healthcare payor. The term includes trips paid or reimbursed under the Medi-Cal program.

M. "User" means a person who uses a Digital Network to connect with a Driver to request and pay for Prearranged Transportation Service. A User may or may not be a passenger.

N. "WAV Trip" means a Prearranged Trip that is provided in a wheelchair accessible vehicle as defined in section 5431.5 of the Public Utilities Code. (Ord. 7746-NS § 2, 2020)