9.52.085 In-cab advertising.
A. No person, corporation, partnership, cooperative, business, fictitious name shall engage in the business of providing in-cab advertising without a City of Berkeley Business License and complying with the requirements of this chapter.
B. In-Cab Advertising--Application. Any taxi business owner seeking to provide in-cab advertising shall apply in the manner set forth herein. The application shall be on a form authorized by the Director of Finance. The application shall be in writing, signed by the business owner, and shall set forth all the information required in the application form and accompanying documentation, including but not limited to the following:
1. Name and address of the taxi company.
2. Name, address and phone number of the in-cab advertising company.
3. Name, address and contact information for at least three representatives of the in-cab advertising company.
4. Satisfactory proof that such equipment has been proven to be safe for installation and operation in the rear passenger compartment of the proposed taxi vehicle. Such satisfactory proof shall include, but, is not limited to:
(a) Documentation from the vehicle manufacturer.
(b) Documentation from the advertising equipment manufacturer.
(c) Documentation that the equipment installer has been approved and authorized by the equipment manufacturer.
5. In the event that original equipment installed by the vehicle manufacturer is replaced by in-cab advertising equipment, the taxi company and advertising service provider shall provide satisfactory proof that the equipment replacement meets or exceeds the vehicle manufacturer’s specification.
C. In-Cab Advertising Equipment Requirements.
1. Failure to comply with this Section may result in suspension or revocation of the owner permit, driver permit or vehicle permit. Nothing in this section limits the authority of the Director of Finance to summarily revoke any owner, driver or vehicle permit when a threat to public health, safety, or welfare exists.
2. All components of the in-cab advertising display must be securely fitted and function properly, as designed, without a secondary assistance device. All components of the in-cab advertising display shall be maintained in a safe, clean and undamaged condition. No component of the advertising display shall be missing.
3. Interior display screens shall be limited to the following:
(a) Displays manufactured as part of the headrest shall be no smaller than 7" and no larger than 9".
(b) Displays mounted between the two front seats shall be mounted no higher than the upper section of the front seat excluding the headrest.
4. In-cab advertising equipment shall not interfere with or impede:
(a) Ability of the driver to operate the vehicle as designed; and
(b) Forward view or rear view of the driver.
5. In-cab advertising equipment shall not interfere with passenger, safety, comfort, view, nor in any way reduce the manufacturer’s specified size of the passenger compartment.
6. The in-cab advertising display shall be equipped with an on/off switch controlled by the passenger.
7. The in-cab advertising display shall be equipped with a volume control switch controlled by the passenger. The maximum volume shall not exceed 70db.
D. Prohibited Activity and Advertisements.
1. Drivers shall at no time operate in-cab advertising equipment while the vehicle is in motion; this does not preclude customers or passengers from operating the equipment.
2. No taxi company or taxi driver may solicit or otherwise promote the products or service advertised in the display. (Ord. 7336-NS § 3, 2014)