100-50. Public Passenger Vehicle Permits.
1. PERMIT REQUIRED. a. No vehicle owner or lessee shall operate his or her vehicle, or allow his or her vehicle to be operated, as a public passenger vehicle for hire upon the streets of the city without the vehicle owner or lessee first obtaining for the vehicle a permit as provided in this section.
b. No person shall operate a public passenger vehicle for hire upon the streets of the city without the vehicle owner or lessee first obtaining for the vehicle a permit as provided in this section.
c. Any person violating this section shall be subject to the penalty provided in s. 100-62-2.
2. EXEMPTIONS. The following vehicles shall be exempt from the regulations of this subchapter:
a. Vehicles licensed by the Wisconsin department of transportation as human service vehicles as described in ch. Trans 301, Wis. Adm. Code.
b. Shuttle vehicles authorized by Milwaukee county to provide in-county shuttle service to and from General Mitchell International Airport under s. 4.05.02, Milwaukee county code when solely engaged in the business of carrying passengers to and from General Mitchell International Airport.
3. ELIGIBILITY, TAXICABS. a. No new or renewal public passenger vehicle permit for a taxicab shall be issued for any motor vehicle of a model year greater than 10 years old at the time of application.
b. No new public passenger vehicle permit for a taxicab shall be issued except for a motor vehicle that, in addition to meeting all other requirements of this subchapter, provides passenger leg room of not less than 32 inches measured from the back of the seated passenger forward.
c. No permit shall be transferred to a different vehicle except to a vehicle in compliance with par. b.
d. Notwithstanding the vehicle requirements of pars. b and c, a permit for a taxicab may be issued or renewed upon a determination that the vehicle model meets the requirements in s. 100-51.5-4 for human service vehicles.
f. Notwithstanding the limitations in sub. 13, a new public passenger vehicle permit may be issued upon surrender of an existing permit to the city clerk and either an application by the permittee to change his or her legal form of business or upon application of a permitttee to transfer the permit to another person.
4. APPLICATION. a. Application for a public passenger vehicle permit shall be filed with the city clerk on forms provided and, except where otherwise expressly provided in this section, shall conform to the requirements in s. 85-12. Completed applications for a new permit shall be accepted by the city clerk for processing in a manner established by the city clerk for submission to the licensing committee.
b. The application shall require:
b-1. The name, date of birth and home address and telephone number of the applicant.
b-2. If the applicant is a corporation or limited liability company, the name of the corporation shall be set forth exactly as it is set forth in its articles of incorporation, together with the names, dates of birth and home addresses and telephone numbers of its designated agent and each of its officers or members, if any. If any of the members is a corporation, the provisions of this section pertaining to a corporate applicant shall apply to the corporate officers.
b-3. If the applicant is a partnership, the application shall set forth the name, date of birth and home address and telephone number of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply to the corporate partners.
b-4. The type of public passenger vehicle the applicant intends to employ.
b-5. The current state registration of each motor vehicle, naming the applicant as title holder.
b-6. Evidence of financial responsibility as required by s. 100-53, issued to and covering the applicants.
b-7. The identity of any dispatch services or network company with which affiliated, if any.
b-8. The plan for public passenger vehicle operation including:
b-8-a. A statement of the experience of the applicant in operating a public passenger vehicle, if any.
b-8-b. Identification of all public passenger vehicle permits currently issued to the applicant.
b-8-c. The times at which the public passenger vehicle will be available for service and whether the vehicle will be operated within an affiliation, network company or dispatch service that provides 24-hour service each day of the year.
b-8-d. The area or areas of the city to be served by the public passenger vehicle or that will be served by an affiliation, network company or dispatch service.
b-8-e. A description of routine maintenance, including location and frequency of maintenance activities and other vehicle inspections conducted by or on behalf of applicant.
b-8-f. The manner in which the public passenger vehicle will be operated if not operated and driven by the applicant, including arrangements for leasing, loaning, driver employment or other operation by parties other than the applicant.
b-8-g. A statement or copy of the written policies for drivers to maintain a clean, professional and orderly appearance together with specific requirements, if any, established by the applicant for driver dress or uniform.
b-8-h.
The applicant’s written plan to promote and ensure driver and passenger security.
b-8-i.
A statement of the applicant’s process for resolving complaints, including the manner in which complaint records are to be retained and reported to the city clerk.
b-8-j. The manner in which all accident reports or citations received in the operation of a permitted vehicle shall be retained and made available to the city clerk.
b-8-k. A description of all proposed vehicle markings, body color or colors, signs or stickers consistent with the requirements in s. 100-51.5.
b-9. Such other reasonable and pertinent information the common council or the licensing committee may from time to time require.
c. If the applicant cannot satisfy the provisions of pars. b-5 and b-6 at the time of filing, the applicant shall file, with the application, a letter addressed to the licensing committee outlining his or her intentions of satisfying all the requirements of this subchapter prior to issuance of the applicable permit.
d. Each corporate applicant applying shall file with its application for a permit a statement by its officers or members showing the names and addresses of all persons who individually hold 20% or more of the corporation's total or voting stock, or proxies for that amount of stock, together with the amount of stock or proxies held by each person.
e. In addition to the requirements of par. b, applications for horse and surrey livery permits shall require:
e-1. The name and address of a licensed veterinarian whom the applicant attests will be kept on call to administer veterinary services to the applicant's horses at any time when the horse and surrey livery service is operating.
e-2. The telephone number or numbers at which the licensed veterinarian can be reached 24 hours a day.
e-3. The manufacturer's specified seating capacity of the surrey. If the manufacturer has not specified the seating capacity of the surrey, the chief of police shall establish the seating capacity.
5. CHANGES TO BE REPORTED.
a. A permittee shall notify the city clerk whenever there is a change in any information that is reported in the application form or renewal application form. The permittee shall make this notification in writing within 10 calendar days after the change occurs.
b. Whenever a corporation or limited liability company holding a public passenger vehicle permit changes any of its corporate officers, members or agents, the corporation agent shall file, within 10 calendar days after the change occurs, the appropriate application with the city clerk and pay the fee required by s. 81-101.5. This application shall in all respects be treated as a new application subject to all the requirements of this section.
c. It shall be the duty of the corporate officers to file with the city clerk a statement of the sale or transfer of any stock or proxies, where the effect of such stock would constitute a change in the stockholders' list previously filed with the city clerk. The notice to the city clerk shall be given in writing within 10 calendar days after the sale or transfer occurs.
6. FEE. Each application shall be accompanied by the fee specified in ch. 81.
7. FINGERPRINTING. All applicants for public passenger vehicle permits shall be exempt from the fingerprinting requirement provided in s. 85-21-1.
8. INVESTIGATION. a. Each application shall be referred to the chief of police who shall cause an investigation to be made and report the findings to the licensing committee.
b. The chief of police may designate one or more additional parties, businesses or agencies, subject to approval by the common council, to conduct investigations under terms and conditions that will ensure substantially similar quality and costs as if conducted by the department.
9. COUNCIL ACTION. If the chief of police files no written report summarizing the arrests and convictions of the applicant which could form a basis for denial, the city clerk shall issue the permit in accordance with this section. If the chief of police files a written report summarizing the arrests and convictions of the applicant which could form a basis for denial, the application shall be subject to common council review and approval in accordance with the provisions of ss. 85-2.7 and 85-5.
10. DISQUALIFICATION. a. Whenever an applicant for a new or renewal public passenger vehicle permit has had his or her application denied, not renewed or revoked, no other application by the same applicant for any new public passenger vehicle permit shall be recommended for approval by the licensing committee for a period of 12 months following the date of the denial, nonrenewal or revocation.
11. ISSUANCE. a. Whenever a public passenger vehicle permit has been granted by the common council or whenever the chief of police files no written report summarizing the arrests and convictions of an applicant which could form a basis for denial, the city clerk shall prepare and deliver to the applicant a permit in accordance with this section.
b. No permit shall be issued by the city clerk unless the applicant has first provided the city clerk with all of the following items:
b-1. A current state vehicle registration naming the applicant as titleholder.
b-2. Proof of financial responsibility in accordance with s. 100-53.
b-3. A city treasurer’s receipt for payment of the permit fee.
c. The permit shall be conspicuously and prominently displayed in each vehicle by the owner and shall be kept there at all times. An exception is made to the permit display for any taxicab or shuttle vehicle marked as provided in s. 100-51.5-1-c.
d. A permit shall be mailed only to the vehicle owner. If a vehicle owner wishes to have the permit mailed to an address other than his or her home address, the vehicle owner shall fill out a form prepared by the city clerk, indicating the vehicle owner’s mailing address. The address listed on the required form shall be a street address, not a post office box. In case of a corporation, limited liability company or limited liability partnership, the address listed on the form shall be the home address of the agent or the mailing address of the corporation, limited liability company or limited liability partnership. The individual owner, all partners of a partnership, the agent and all members of a limited liability company or limited liability partnership, and the agent, president and secretary of a corporation shall sign the form.
e. Whenever a permit has been defaced, lost, stolen or destroyed, the permittee shall immediately apply to the city clerk for a duplicate permit. All requests for a duplicate permit shall be accompanied by the fee specified in s. 81-1-4.
12. REGULATIONS. a. All Permittees. Every permittee shall be responsible for the operation of the vehicle for which the permit has been granted without regard to the legal relationship between the permittee and the driver.
e. Replacement of Vehicle.
e-1. No permit may be transferred to any other vehicle unless the owner of the vehicle is also the permittee, demonstrates financial responsibility for the vehicle, and the owner has paid the required vehicle replacement fee. The city clerk shall be notified of all vehicle replacements.
e-2. No public passenger permits for taxicabs shall be transferred to any motor vehicles not meeting the eligibility requirements provided under s. 100-50-3.
g. Fleet Parking. Fleet permittees shall be responsible for providing and using suitable off-street parking for their vehicles.
k. Commercial Quadricycles. Passengers on a commercial quadricycle that is permitted to operate as a pedicab under a plan approved by the licensing committee may possess on or carry onto the commercial quadricycle not more than 36 ounces of fermented malt beverages and may consume fermented malt beverages upon the quadricycle subject to the following requirements and restrictions and any other regulation required by the city or specified in the plan of operation:
k-1. No other alcohol beverage including intoxicating liquor as defined in ch. 125, Wis. Stats., may be possessed on, carried upon or consumed upon a commercial quadricycle.
k-2. Restrictions on possession, transportation and consumption of alcohol beverages in the operation of commercial quadricycles upon city highways and public places shall apply to operation of commercial quadricycles when used for nonrevenue-producing events or transportation in addition to regular commercial activities.
k-3. No driver of a commercial quadricycle may consume alcohol while the commercial quadricycle is occupied by passengers.
k-4. No person may drive a commercial quadricycle with an alcohol concentration of more than 0.02.
k-5. No person may drive a commercial quadricycle on which any alcohol beverages are carried or consumed other than fermented malt beverages under this section.
k-6. No person may drive a commercial quadricycle on which alcohol beverages are sold and may not transport alcohol beverages on a commercial quadricycle for the purposes of sale or delivery upon sale.
k-7. No alcohol beverages, including fermented malt beverages, shall be possessed, carried upon or consumed on a commercial quadricycle if any passenger or the driver has not attained the legal drinking age as defined in ch. 125, Wis. Stats.
k-8. Passengers shall be advised by the operator, driver or other person responsible for the operation of a commercial quadricycle that no alcohol beverages shall be possessed on, carried upon or consumed on a commercial quadricycle in violation of city ordinance or state statute, and shall conspicuously post a notice of these restrictions upon the commercial quadricycle in a form and manner approved by the city.
k-9. No glass beverage containers shall be carried upon a quadricycle while operated on the public way.
k-10. The plan of operation of a licensed quadricycle shall identify the geographic area in which the quadricycle shall routinely operate and may include a description of procedures for notifying police or other authorities when anticipated operation of a quadricycle deviates from customary routes.
k-11. Failure of a licensee to comply with the regulations of this paragraph or to operate in accordance with an approved plan of operation shall constitute grounds for non-renewal, suspension or revocation as provided in ss. 85-4-4 and 100-51-16.
13. TRANSFER OF PERMITS. a. If a permittee dies or becomes disabled, the permit may be transferred, upon notification of the city clerk by the claimant, to the surviving spouse, and if there is no surviving spouse, to the legal representative of the permittee or the estate, who shall be eligible for the operation of the vehicle for the remainder of the permit period. A permit may also be transferred with the permittee’s consent to a spouse for good cause and upon approval of the licensing committee.
b. Upon expiration of the permit, the surviving spouse or legal representative may apply for the permit in his or her own name.
14. RENEWAL. a. Renewal Application. Renewal applications shall be made as provided in s. 85-26.
b. Procedure for Renewal. b-1. Except as provided in subd. 2, the licensing committee shall, without a hearing, recommend to the common council the granting of an application for renewal of a public passenger vehicle permit to a permittee, provided the city clerk has received a timely-filed application for renewal and the applicant has complied with the requirements of subs. 7-a and 11-b.
b-2. If the chief of police files a written report summarizing the arrest and convictions of the applicant which could form a basis for nonrenewal, or there is a written objection to the renewal of the permit by any interested person in accordance with the provisions of s. 85-3-3, the application shall be forwarded to the licensing committee for its recommendation as to whether or not each permit should be renewed.
b-3. Any application filed after the expiration date of the license period following the license period for which the permit was issued shall be considered as a new permit application and be subject to the requirements for an original permit provided in this subchapter.
c. Procedure for Nonrenewal. c-1. If there is a possibility that the committee will not renew a permit, a motion should be entertained to hold the application in committee and instruct the city clerk to forward proper notice to the applicant, unless the notice has already been sent, in which case the hearing shall proceed.
c-2. Prior to the date set for the hearing, the city clerk's office shall forward notice to the applicant which shall contain:
c-2-a. The date, time and place of the hearing.
c-2-b. A statement of the common council's intention not to renew the permit in the event any objections to renewal are found to be true.
c-2-c. A statement of the reasons for possible nonrenewal.
c-2-d. A statement that an opportunity will be given to respond to and challenge such reasons for nonrenewal and to present witnesses under oath and to confront and cross-examine opposing witnesses under oath.
c-2-e. A statement that the applicant may be represented by counsel at the applicant's expense, if the applicant so wishes.
d. Hearings. All hearings held and committee recommendations prepared pursuant to this subsection shall be conducted as set forth in sub. 16.
15. REVOCATION OR SUSPENSION OF PERMITS. a. Any permit issued under this section may be suspended or revoked for cause by the common council after notice to the permittee and a hearing.
b. Suspension or revocation proceedings may be instituted by the licensing committee upon its own motion, or upon sworn written charges made and filed with the city clerk by the chief of police, or upon a sworn written complaint filed with the city clerk by any interested person.
c. Whenever either sworn written charges or a sworn written complaint are filed with the city clerk setting forth specific charges against a permittee involving conduct which would violate ordinances that are grounds for suspension or revocation of a permit, the city clerk shall issue notice to the permittee. The notice shall contain:
c-1. The date, time and place of the hearing.
c-2. A statement to the effect that the possibility of suspension or revocation of the permit exists and the reasons for possible suspension or revocation.
c-3. A statement that an opportunity will be given to the applicant to respond to and challenge any reason for suspension or revocation and to present witnesses under oath and to cross-examine opposing witnesses under oath.
c-4. A statement that the permittee may be represented by counsel at the permittee's expense, if the permittee so wishes.
d. The licensing committee shall convene at the date and time designated in the notice for the purpose of taking evidence and making findings of fact and conclusions of law and a recommendation to the common council in connection with the proposed suspension or revocation.
e. If the permittee appears before the committee at the time designated in the notice and denies the charges contained in the complaint, the committee shall conduct an evidentiary hearing in connection with the suspension or revocation at that time. If the permittee does not appear, or appears but does not deny the charges contained in the complaint, the complaint shall be taken as true and the committee shall hear the arguments of the complaints and the permittee in connection with the suspension or revocation.
f. All hearings held and committee recommendations prepared pursuant to this subsection shall be conducted as set forth in sub. 16.
16. PROCEDURE FOR NON-RENEWAL, REVOCATION OR SUSPENSION.
a. Applicable Procedures. If there is a possibility that the licensing committee will not recommend renewal of the permit, or if revocation or suspension proceedings are initiated, the procedures for notice and committee hearing and for the committee report, recommendations and common council consideration provided in ss. 85-3 to 85-5 shall apply.
b. Grounds for Non-renewal, Suspension or Revocation. The recommendation of the committee regarding the permittee shall be based upon evidence presented at the hearing. Probative evidence concerning non-renewal, suspension or revocation may include evidence of:
b-1. Failure of the permittee to meet the municipal qualifications or any of the licensing requirements of this chapter.
b-2. Pending charges against or the conviction of any felony, misdemeanor, municipal offense, or other offense, the circumstances of which substantially relate to the circumstances of the particular licensed activity, by the permittee, or by any employee or driver of the permittee.
b-3. The permittee, or any employee or driver of the permittee, having violated any of the operating regulations and prohibited practices set forth in this chapter.
b-4. Failure of a permittee to comply with the written plan of operation provided under s. 100-50-4-b-8.
b-5. Any other factor or factors which reasonably relate to the public health, safety and welfare.
17. REQUEST TO SURRENDER A PERMIT. See s. 85-17 for provisions relating to the surrender of permits and the return of surrendered permits.
