§ 5.40.100. Determination of public convenience and necessity—Certificate of public convenience and necessity.
Latest version.
As soon as practicable after the filing of an application for a taxicab license in
proper form, the Chief of Police shall fix a time and place for a public hearing on
the question whether the public convenience and necessity requires the proposed taxicab
service. Notice of such hearing shall be given by posting the same at a conspicuous
place in the City hall or near the door thereof. Such notice shall state that an application
for a taxicab license has been filed, the name of the applicant and the time and place
of the hearing, which shall be at some public place in the City not less than five
(5) or more than fifteen (15) days after the posting of such notice. Any person may
file with the Chief of Police a written protest against issuance of such license.
The applicant, and any person filing such protest, shall be entitled to introduce
evidence and be heard at such hearing, and the Chief of Police may call such other
witnesses as he or she sees fit. The burden of proof shall rest upon the applicant
to show that the public convenience and necessity requires the service proposed. The
existing and probable future demand for taxicab service, the adequacy of the existing
service, the effect of additional service on traffic conditions in the public streets,
suitability of the proposed equipment and any other matters legally material shall
be considered in determining whether a certificate of public convenience and necessity
should be granted. The Chief of Police shall certify his findings to the City Clerk
and shall notify the applicant and any person who has filed a protest, and the applicant
or person filing a protest may appeal in writing to the City Commission within ten
(10) days after the rendition of such decision. The City Commission shall, as soon
as practicable, hold a hearing on such appeal after giving notice of the time and
place thereof to the applicant and any person who has filed a protest, and shall certify
its findings to the City Clerk. If no appeal is taken within ten (10) days, the decision
of the Chief of Police shall be final; otherwise, the decision of the City Commission
shall be final.
(Prior code § 26-10)
var val = document.getElementById('citecontent').innerHTML;
art.dialog.defaults.title = window.location.href;
art.dialog.data('cite', val);
art.dialog.data('homeDemoPath', '/Scripts/plus/artDialog/');
art.dialog.open('/Scripts/plus/artDialog/citeiframe.html');
