9.52.030 Business owner’s permits--Transfers

9.52.030 Business owner’s permits--Transfers.

A. Permit Applications. Any person or entity seeking to operate as a business owner shall apply in the manner set forth herein. The application shall be in writing, signed by the business owner, and shall set forth all the information required in the permit application form and accompanying documentation, including but not limited to the following:

1. The Business owner shall submit the appropriate zoning permit application to the Planning Department for approval prior to submitting a Business Owner’s Permit application to the Finance Department. Zoning approval shall be required for all taxi businesses with addresses within the City of Berkeley;

2. Name and address of the owner applying to operate the business to operate vehicles for hire;

3. Name and address of the location from which the business will be operated;

4. Proof of off-street parking for all taxi owners with 2 or more vehicle permits;

5. Fictitious business name of the applicant, if any;

6. Mailing address and business telephone number of the applicant;

7. Name, address, age, and driver’s license number of each employee who will be driving the owner’s vehicles;

8. Total number of vehicles to be operated in the City under the owner’s permit and the vehicle identification number for each vehicle;

9. Description of the color scheme, insignia, trade style and/or any other unique characteristics of the taxicab design and placement of City required markings and company markings;

10. Federal taxpayer identification or social security number of the applicant;

11. Satisfactory proof of insurance, including uninsured and underinsured motorist insurance as provided in this chapter for each driver and vehicle to be operated in the City;

12. Satisfactory proof that the business will be operated in compliance with all provisions of this chapter, including completion of the Taxi Owner Driver Training;

13. Signed copy of the company’s policies regarding driver conduct and discipline, including suspension and termination;

14. Type of dispatch service provided, radio, cell phone, other;

15. Location of dispatch center, including phone number and customer service or management contact information.

1. Such taxicab business owner’s permit may be granted only if the City determines that the applicant:

(a) Has submitted a complete application;

(b) Has submitted satisfactory proof that they will comply with the provisions of this Chapter and has completed the Taxi Owner Driver Training;

(d) Has not violated this chapter three or more times within the last three years; or

(e) Is not otherwise subject to suspension or revocation under Section 9.52.150 or 9.52.160.

2. The City may deny any taxicab business owner’s permit if it determines that approval would pose an unreasonable risk to the public safety or welfare or the applicant has been convicted of any crime or adjudged to be in violation of any penal law involving disturbances of the peace, violence, moral turpitude, sexual assault, reckless driving, public urination, public drunkenness, vandalism, harassment, excessive littering, excessive noise, or lewd conduct.

3. The issuance of a business owner’s permit is conditional upon such owner ensuring that each vehicle for hire operated by such business owner has a vehicle permit issued by the City, and each driver of such vehicle for hire has a valid California driver’s license and a valid driver’s permit issued by the City, within the limits and in the manner set forth in this chapter.

4. The business owner shall notify the City of Berkeley Finance Department in writing, immediately upon termination of employment of an employee, agent, lessee, contractor or any individual hired to operate a vehicle for hire in the City.

5. The business owner shall notify the City of Berkeley Finance Department, in writing, within five (5) days of any new driver(s) being employed to operate a vehicle for hire.

6. For purposes of on-street parking, the business owner shall submit to the City of Berkeley Finance Department the following information for all taxicab lessees that includes, but is not limited to:

(a) Name of taxicab lessee

(b) Home address (Post Office Box not accepted)

(d) Driver permit number

(e) Valid and current Department of Motor Vehicles vehicle registration information

(f) Signed copy of the current lease agreement

(g) It shall be the responsibility of the business owner to update such list as required by BMC Section 9.52.030.B.5.

C. No person, partnership, cooperative, corporation, firm, association or other entity of whatever type may possess or operate more than one taxi business owner permit at any one time.

D. Upon approval of any business owner permit transfer or vehicle permit transfer, the fee charged by a business owner to drivers to lease cabs from the company, also known as the "gate," shall not exceed the level charged by the transferee or the transferor business owner in the period immediately preceding the transfer, whichever is less. This freeze shall expire one year after the approval of the business owner permit transfer application or vehicle permit transfer application.

E. Business Owner Permit Transfer. Subject to Regulations adopted by the City Manager, no Business Owner Permit issued under this Chapter may be assigned or transferred except as set forth in this subdivision. All transfers of Business Owner Permits from one taxi business owner to another taxi business owner shall be subject to all requirements of this Chapter, including but not limited to the following:

1. Any person or entity who wants to transfer a Business Owner Permit shall submit a written application to the City Manager or their designee. The application shall be in writing, signed by the business owner, and shall set forth all the information required in the permit transfer application form and accompanying documentation. If the application is to transfer to a person not listed on the Taxi Business Owner Waiting List, it shall include proof that the current holder of the Business Owner Permit has offered the Business Owner Permit to all persons and entities on the Taxi Business Owner Waiting List for not less than a total of 30 days, during the preceding 90 days. The application shall not be accepted without payment of the fee established by Council resolution.

2. No application for transfer of a Business Owner Permit will be approved unless the Business Owner shows proof that their company’s taxi vehicle fleet includes a specified percentage of Low Emission Vehicles as follows:

(a) If the transfer application is submitted between January 1, 2013 and December 31, 2014, 25% of the company’s taxi vehicle fleet must be Low Emission Vehicles;

(b) If the transfer application is submitted between January 1, 2015 and December 31, 2015, 50% of the company’s taxi vehicle fleet must be Low Emission Vehicles;

(c) If the transfer application is submitted between January 1, 2016 and December 31, 2016, 75% of the company’s taxi vehicle fleet must be Low Emission Vehicles; and

(d) If the transfer application is submitted on or January 1, 2017, 100% of the company’s taxi vehicle fleet must be Low Emission Vehicles.

3. The City Manager or designee shall make a final determination on the Business Owner Permit transfer application within 30 days after the filing of the application.

4. The Business Owner Permit transfer will not be valid or recognized by the City unless the current holder or transferor of the Business Owner Permit submits along with the business owner transfer application a notarized statement to the City Manager surrendering their Business Owner Permit and all rights to the taxi company name and color scheme. The transferee or new business owner shall be allowed to operate taxicabs with the existing vehicle permits and existing color scheme for no more than 90-days. Nothing in this subdivision prohibits the transferee from seeking approval for, or the City from approving, continued use of the existing color scheme.

5. A Business Owner Permit transfer will not be valid or recognized by the City unless all other requirements of this Chapter for operating the business and vehicle have been met. (Ord. 7215-NS § 3, 2011: Ord. 6976-NS § 2, 2007: Ord. 6874-NS § 2 (part), 2005: Ord. 6325-NS § 5, 1996)