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051 of 1989 - Certificate of Public Convenience & Necessity O 89-1 4 O 89-32 SALT LAKE CITY ORDINANCE No. 51 of 1989 (Certificate of Public Convenience and Necessity) AN ORDINANCE ENACTING CHAPTER 5.05, SALT LAKE CITY CODE, AND AMENDING CHAPTERS 5. 10, 5.72 AND 5.76 RELATING TO CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY. The City Council of Salt Lake City, Utah, does hereby ordain as follows: SECTION 1. That Title 5, Salt Lake City Code, be, and the same hereby is, amended by adding a new Chapter 5.05 pertaining to certificates of public convenience and necessity to read as follows: Chapter 5.05 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Sections Article I. Definitions 5.05.005 Definitions and interpretation of language. 5.05.010 Applicant. 5.05.015 Certificate. 5.05.020 Holder. 5.05.025 Person. 5.05.030 Vehicle. Article II. Certificate Requirements 5.05.100 Required for operation. 5.05.105 Application--Information required. 5.05.110 Application--Public hearing. 5.05.115 Hearing--Notice to applicant, other holders, and public. 5.05.120 Insurance required. 5.05.125 Additional authority by holders--Application. 5.05.130 Application fees--For certificate or certificate of additional authority. 5.05.135 Fees. 5.05.140 Issuance--Determination authority. 5.05.145 Transfer restrictions. 5.05.150 Suspension and revocation--Conditions. 5.05.155 Vehicle business license sticker/plate issuance. 5.05.160 Vehicles--List filed with police department. Article I. Definitions 5.05.005 The words and phrases, when used in this chapter, shall have the meanings defined and set forth in this Article. 5.05.010 "Applicant" means the person signing an application for a certificate of public convenience and necessity. 5.37.015 "Certificate" means a certificate of public convenience and necessity issued by the city as set forth in this chapter. 5.05.020 "Holder" means any person to whom a certificate of convenience and necessity has been issued and which certificate is unexpired. 5.05.025 "Person" includes any individual, partnership, corporation, association, or other legal entity, excluding, however, the United States, the state of Utah, or any political subdivision or instrumentality thereof. 5.05.030 "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a street or highway. Article II. Certificate Requirements 5.05.100 Required for Operation: All persons required by any ordinance of Salt Lake City to obtain a certificate of public convenience and necessity as a condition of operating a public transportation for hire business -2- within the city shall be governed by this chapter. Nothing herein shall relieve any persons of the requirements of any other applicable city ordinance. 5.05.105 Application--Information required. An application for a certificate shall be filed with the city license supervisor upon forms provided by the city, and the application shall be verified under oath and shall furnish the following information: A. The name and business address of the applicant and, in the event the application is made by a corporation, a certified copy of the articles of incorporation. No application shall be made on behalf of another person, without disclosing that fact and stating the name of the person on whose behalf the applica- tion is filed. The application shall also include the residence address of all sole proprietor applicants, of all partners of partnership applicants and of all officers and directors of corporate applicants. B. The number of vehicles, as defined by Section 5.05.030, actually operated by such applicant for public transportation for hire as of the date of such application; C. The number of vehicles for which a certificate of public convenience and necessity is desired for public transportation for hire; D. The location of the proposed central place of business and any other office to be maintained; -3- E. The financial status of the applicant, including any unpaid or non-bonded judgments of record against such applicant, the title of all actions and the amount of all such judgments, and the nature of the transaction or acts giving rise to such judgment; F. The experience of applicant in public transportation of passengers for hire. G. The color scheme or insignia to be used to designate the vehicle or vehicles of the applicant. H. Any facts which the applicant believes tend to establish that public convenience and necessity would be served by the granting of a certificate; 5.05.110 Application--Public hearing. Upon the filing of an application the mayor or his/her designee shall fix a time and place for a public hearing thereon. 5.05 115 Hearing--Notice to applicant, other holders, and public. Notice of the public hearing provided in Section 5.05. 110, or its successor, shall be given to the applicant, and to all persons to whom certificates of public convenience and necessity have been theretofore issued, by United States mail, and notice shall be given the general public of the city by posting a notice of such hearing in the office of the city recorder. Said notices shall be given at least ten calendar days prior to said hearing. -4- 5.05.120 Insurance required. No certificate of public convenience and necessity shall be issued or continued in operation, unless there is on file with the city recorder a certificate of insurance executed by an insurance company or association authorized to transact business in this state, approved as to form by the city attorney, that there is in full force and effect a comprehensive general liability policy of insurance covering the operation of applicant 's business operations with minimum limits of $250,000/$500, 000 for personal injury and $100,000 for property damage or such greater amounts as set forth in Section 63-30-34, Utah Code Annotated, 1953, as amended, or its successor. Such policy or policies shall include coverage of all vehicles and horses used or to be used for public transportation for hire, all stables and other buildings and structures occupied or used, and all motor vehicles used in connection with applicant ' s business. A current certificate of insurance shall be kept on file with the city's recorder at all times that a certificate of convenience and necessity is held verifying such continuing coverage and naming the city as an additional insured. The certificate shall contain a statement that the City will be given written notification at least thirty days prior to cancellation or material change in the coverage without reservation of non-liability for failure to so notify the city. Cancellation shall constitute grounds for revocation of the certificate of convenience and necessity issued hereunder unless -5- another insurance policy complying herewith is provided and is in effect at the time of cancellation/termination. 5.05.125 Additional authority by holders--Application. Upon the filing of an application for a certificate, any present holder of a certificate may apply for additional authority under such certificate for the same or any other number of vehicles for which authority is asked in the application, and such request for additional authority shall be heard in conjunction with the application initially filed. 5.05.130 Application fees--For certificate or certificate of additional authority. An application for a certificate of public convenience and necessity or an application for a certificate of additional authority hereunder shall be accompanied by a payment of a fee of one hundred dollars, the same to be applied toward payment of the costs of hearings and proceedings on same. If the costs to the city of such hearings and proceedings exceed one hundred dollars, the applicant shall reimburse the city for such excess. If the cost is less than one hundred dollars, the city shall refund the difference to the applicant after the final conclusion of such hearings and proceedings. Said fee shall be in addition to the fees required to be paid under Section 5.05. 135 of this chapter, or its successor. 5.05.135 Fees. No certificate shall be issued or continued in operation unless the holder thereof has paid the annual city business -6- license revenue fee, the annual city regulatory fees for the business and for each vehicle authorized under a certificate of public convenience and necessity, and any other fees or charges established by proper authority and applicable to the holder or to those vehicles under the holder' s operation and control. 5.05.140 Issuance--Determination authority. A. If the mayor or his/her designee finds that further public transportation for hire in the city serves the public convenience and necessity and that the applicant is fit financially and willing and able to perform such public transportation and to conform to the provisions of this chapter, then the city shall issue a certificate stating the name and address of the applicant and the number of vehicles authorized under the certificate. B. In making the above findings, the mayor or his/her designee shall take into consideration the number of vehicles already in operation, whether existing transportation is adequate to meet the public convenience, the probable effect of the issuance on the present carriers, the probable effect of increased service on local traffic conditions, the character, experience and financial responsibility of the applicant, the number, kind and type of equipment, and the ability of the applicant to earn a fair return on the capital invested. 5.05.145 Transfer restrictions. No certificate of public convenience and necessity may be sold, assigned, mortgaged, leased or otherwise transferred or -7- encumbered, without the formal consent of the mayor or his/her designee after a public hearing conducted in accordance with this chapter. 5.05.150 Suspension and revocation--Conditions. A. A certificate issued under the provisions of this chapter may be revoked or suspended by the mayor or his/her designee if the holder thereof has: 1. Violated any of the provisions of this chapter; 2. Abandoned operations for more than sixty days; 3. Violated any ordinances of the city or the laws of the United States or the state of Utah, the violation of which reflects unfavorably on the fitness of the holder to offer public transportation; or 4. Become financially irresponsible to a degree that reflects unfavorably upon the holder's ability to offer public transportation. B. Prior to suspension or revocation, the holder shall be given notice of the proposed action to be taken and shall have an opportunity to be heard by the mayor or his/her designee, according to the procedures set forth in Sections 5.02.230 through 5.02.310 of these ordinances, or their successors. 5.05.155 Vehicle business license sticker/plate issuance. Upon the payment of the fees provided for in Section 5.05. 135, or its successor, a vehicle business license sticker or plate, as determined by the city' s transportation engineer, shall be issued by the license supervisor for each vehicle -8- licensed under holder' s certificate of convenience and necessity, which sticker or plate must be affixed to each of said vehicles as directed by the city's transportation engineer. 5.05.160 Vehicles--List filed with police department. Holders shall at all times have on file with the police department an up-to-date list of the vehicles operated under their certificates, which list shall contain the make, type, year of manufacture, serial number and passenger capacity of each vehicle operated under said certificate. SECTION 2. That Chapter 5. 10, Salt Lake City Code, be, and the same hereby is, amended pertaining to certificates of public convenience and necessity for ambulances to read as follows: Chapter 5.10 AMBULANCES Sections: Article I. Definitions 5.10.005 Definitions. 5.10.010 Ambulance. 5.10.015 Certificate 5.10.020 Holder 5.10.025 Manifest. 5.10.030 Person. Article II. Certificate of Public Convenience and Necessity 5.10.035 Certificate--Required. 5.10.040 Certificate--Additional application information. 5.10.045 Fees-Annual operation. 5.10.050 Existing licenses allowed certificates. Articles III. through VII. *** Article I. Definitions 5.10.005 *** -9- 5.10.010 *** 5.10.015 Certificate. "Certificate" means a certificate of public convenience and necessity issued by the city authorizing the holder thereof to conduct an ambulance service business in the city. 5.10.020 through 5.10.030 *** Article II. Certificate of Public Convenience and Necessity 5.10.035 Certificate--Required. No person shall operate, or permit to be operated, an ambulance owned or controlled by such person as a vehicle for hire upon the streets of the city without having first obtained a certificate of public convenience and necessity from the city in accordance with Chapter 5.05 of this code, or its successor. 5.10.040 Certificate--Additional application information. In addition to the application information required under Chapter 5.05 or its successor, the application, verified under oath, shall show the experience of applicant in the transporta- tion of sick or injured persons, and its training program in first aid and medical care. 5.10.045 Fees--Annual operation. No certificate shall be issued or continued in operation unless the holder thereof has paid an annual business regulatory fee of fifty dollars plus fifty dollars each year for each vehicle authorized under a certificate of convenience and necessity. 5.10.050 Existing licenses allowed certificates. *** -10- Article III. through Article VII. *** SECTION 3. That Chapter 5.72, Salt Lake City Code, pertaining to certificates of public convenience and necessity for taxicabs, be, and the same hereby is, amended to read as follows: Chapter 5.72 TAXICABS Sections: Article I. Definitions 5.72.005 Definitions and interpretation of language. 5.72.010 Cab day. 5.72.015 Calendar day. 5.72.020 Calendar quarter. 5.72.025 Calendar six months. 5.72.030 Car pool. 5.72.035 Certificate. 5.72.040 Cleared. 5.72.045 Cruising. 5.72.050 Extras. 5.72.055 Face. 5.72.060 Fare. 5.72.065 Flag. 5.72.070 Holder. 5.72.075 In service. 5.72.080 Manifest. 5.72.085 Open stand. 5.72.090 Person. 5.72.095 Small parcel delay delivery system. 5.72.100 Taxicab. 5.72.105 Taxicab driver's license. 5.72.110 Taximeter. 5.72.115 Waiting time. Article II. Certificate of Public Convenience and Necessity 5.72.130 Required for operation. 5.72.135 Fees. 5.72.140 Existing holders' certificates--Ski season increases. 5.72.145 Licensing for all certificated vehicles. 5.72.150 Minimum use of taxicabs required. 5.72.155 Compliance responsibility. -11- Articles III. through IX. *** Article I. Definitions 5.72.005 through 5.72.030 *** 5.72.035 Certificate. "Certificate" means a certificate of public convenience and necessity issued by the city authorizing the holder thereof to conduct a taxicab business in the city. 5.72.040 through 5.72.115 *** Article II. Certificate of Public Convenience and Necessity 5.72.130 Required for operation. A. No person shall operate or permit a taxicab owned or controlled by such person to be operated as a vehicle for hire upon the streets of Salt Lake City without first having obtained a certificate of public convenience and necessity from the city in accordance with Chapter 5.05 of this code, or its successor. B. *** 5.72.135 Fees. No certificate shall be issued or continued in operation unless the holder thereof has paid an annual business regulatory fee of one hundred twenty dollars plus fifty dollars each year for each vehicle authorized under a certificate of public convenience and necessity. Such fees shall be for the calendar year and shall be in addition to any other fees or charges established by proper authority and applicable to the holder of the vehicle or vehicles under the holder' s operation and control. Provided, however, for any taxicab licensed from -12- October 15th to April 15th only, pursuant to Section 5. 72. 140, the holder shall be required to pay thirty dollars for a seasonal (one-half year) license. 5.72.140 Existing holders' certificates--Ski season increases. All holders of existing taxicab certificates at the effective date of the ordinance codified in this chapter shall have a certificate of public convenience and necessity awarded to them, allowing them to operate the same number of vehicles as they are presently authorized to operate, without the hearing provided in this article, the public convenience and necessity having heretofore been demonstrated. Likewise, the public convenience and necessity having been demonstrated for the need of additional taxicabs during skiing season, all holders of existing taxicab certificates shall be allowed to increase the number of vehicles authorized in their certificate by fifty percent from October 15th to April 15th of each year. 5.72.145 Licensing for all certificated vehicles. A. A holder is required to have the total number of vehicles authorized under such holder' s certificate of convenience and necessity and to obtain the license required by Section 5.05. 155, of this chapter, or its successor, for each and every vehicle. B. In the event the holder does not license the total number of vehicles authorized by the certificate before February 15th of any year, such holder shall forfeit the right to any vehicle not so licensed; that authority shall automatically -13- revert to the city, and the certificate shall be modified to reflect the total number of vehicles actually licensed before February 15th of any year. Such forfeited right to operate any vehicle may be reissued to any person; provided, however, it shall not be reissued except upon application required by Section 5.05. 105, or its successor, and by a showing of _public convenience and necessity as required by Section 5.05. 140, or its successor. C. 5.72.150 Minimum use of taxicabs required. A. 1. 2. ** C. In the event any taxicab licensed under the provisions of this chapter is not actually in service for the minimum required seventy-five cab days during any calendar six months, the right to operate that taxicab may, upon at least ten days ' notice to the holder, and upon the hearing had therefor, be revoked by the city. The holder may appear in person or be represented by counsel at such hearing to show cause, if any he or she has, why the right to operate such taxicab should not be revoked. If, at the conclusion of the hearing, the city shall find that the holder has shown extenuating circumstances, the city may grant continuance of authority. D. Upon revocation by the city of such authority, the certificate shall be modified to reflect the number of taxicabs -14- actually in service for seventy-five cab days during such calendar six months, and the unused portion of the license fee will be refunded. "Unused portion, " for the purposes of this section, means any remaining full calendar quarter in the calendar year in which the revocation takes place. The refund shall be one-fourth of the fee paid for each such calendar quarter. Such forfeited right to operate any vehicle may be reissued only upon application required by Section 5.05. 105, or its successor, and by a showing of public convenience and necessity as required by Section 5.05. 140, or its successor. 5.72.155 Compliance responsibility. *** Article III. through Article IX. *** SECTION 4. That Chapter 5.76, Salt Lake City Code, relating to certificates of public convenience and necessity in the transportation of handicapped persons, be, and the same hereby is, amended to read as follows: Chapter 5.76 TRANSPORTATION OF HANDICAPPED PERSONS SECTIONS: Article I. Definitions 5.76.010 through 5.76.090 *** Article II. Certificate of Public Convenience and Necessity 5.76.100 *** 5.76.110 Application--Additional information required. 5.76.120 Fees. 5.76.130 Existing licensees allowed certificates. Article III through Article VI *** -15- Article I. Definitions 5.76.010 Definitions and interpretation of language. *** 5.76.020 Certificate. "Certificate" means a certificate of public convenience and necessity issued by the city, authorizing the holder thereof to conduct in Salt Lake City a business in the transportation of handicapped persons, pursuant to this chapter. 5.76.030 through 5.76.090 *** Article II. Certificate of Public Convenience and Necessity 5.76.100 Required for operation. No person shall operate, or permit to be operated, a special transportation vehicle owned or controlled by such person upon the streets of the city without having first obtained a certificate of public convenience and necessity from the mayor, authorizing the operation of a special transportation vehicle as defined in this chapter, in accordance with Chapter 5.05 of this code, or its successor. 5.76.110 Application--Additional information required. In addition to the application requirements of Section 5.05. 105, or its successor, the application, verified under oath, shall show the experience of the applicant in the transportation of handicapped persons and its training program in first aid. 5.76.120 Fees. No certificate shall be issued or continued in operation unless the holder thereof has paid an annual business regulatory -16- fee of fifty dollars plus fifty dollars each year for each special transportation vehicle authorized under a certificate of convenience and necessity. 5.76.130 Existing licenses allowed certificates. *** SECTION 5. Effective Date. This ordinance shall take effect immediately upon publication. Passed by the City Council of Salt Lake City, ah, this 8th day of August 1989. CH*UPEMON ATTEST, Y ORDER ansmitted to the Mayor on August 8, 1989 Mayor's action: _s 8 89 Approved Vetoed. x,-L� /. -, MAYOR ATTEST: CIT RJ R ER T�n FORM O�Ft gSalt Lake ::'•ii•�E Atioeney'a ft il+ad8 - ag -17- (SEAL) Bill No. 51 OF 1989. Published: August 16, 1989 LVS:rc -18-