CERTIFICATION REQUIREMENTS

Memphis Code of Ordinances tit. 6, ch. 6-32, art. 3

in effect

Memphis Code of Ordinances § 6-32-6 Application for certificate.

Sec. 6-32-6. - Application for certificate. A. Any person, partnership or corporation desiring to secure a certificate of public convenience and necessity shall make application and pay a $100.00 application fee to the city treasurer. The notarized application shall be filed with and dated by the city treasurer or his or her designee. B. The application for a certificate shall be upon a form provided by the city treasurer, or his or her designee. An applicant for a certificate, including any partner or limited partner of the partnership applicant, and any officer or director of the corporate applicant and any stockholder holding more than five percent of the stock of a corporate applicant, or any other person who is interested directly in the ownership or operation of the business, shall furnish the following information: 1. Name and address including all aliases; 2. Written proof that the individual is at least 18 years of age; 3. All residential addresses of the applicant for the past five years; 4. The trade name under which the applicant proposes to do business; 5. The business, occupation or employment of the applicant for five years immediately preceding the date of application; 6. The financial status of the applicant, including the amounts of all unpaid judgments against the applicant or, if a corporation, against any officer, director or shareholder as listed above or, if a partnership, any partner or limited partner, or any other person who is interested directly in the ownership or operation of the business; 7. All criminal statute, whether federal or state, or city ordinance violations for which conviction, forfeiture of bond or pleading of nolo contendere has occurred, except minor traffic violations; 8. Fingerprints and two color portrait photographs at least two inches by two inches of the applicant. The city permits office will provide fingerprints and photographs of applicant; 9. The address of the premises from which the vehicle for hire business is to be conducted and the address wherein the vehicles are to be stored and/or serviced; 10. If the applicant is a corporation, the name of the corporation and the date and state of incorporation, the name and address of the registered agent, and the names and addresses of all shareholders, as required above, officers and directors of the corporation; 11. The experience and/or the qualifications of the applicant to operate a horse-drawn carriage for hire service; 12. A showing that the public convenience and necessity requires the granting of the certificate; 13. The number of horse-drawn carriages to be put into service at the time of application, the location of private property stands, and the size and seating capacity of each carriage; 14. Whether applicant operates any other vehicles under this chapter; 15. A statement by the applicant that he or she is familiar with the provisions of this chapter and is in compliance with them. C. Within ten days, or a reasonable time thereafter of receiving the results of the investigation conducted by the division of police services, the director of police services shall fix a time and a place for a public hearing on the application and notice shall be given as provided in section 6-32-3(B). All documents relative to the public hearing shall be available for inspection prior to the hearing. Any interested person may file a statement in support of or in opposition to the issuance of a certificate, and/or may offer testimony at the hearing. D. Failure or refusal of the applicant to give any information relevant to the investigation of the applicant or the applicant's refusal or failure to appear at any reasonable time and place for examination under oath regarding the application or the applicant's refusal to submit to or cooperate with any investigation required by this chapter, shall constitute an admission by the applicant that the applicant is ineligible for such certificate and shall be grounds for denial thereof by the director. (Code 1985, § 39-106; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 12, 8-15-1995; Ord. No. 4941, 5-7-2002)

Memphis Code of Ordinances § 6-32-7 Standards for issuance of certificate.

Sec. 6-32-7. - Standards for issuance of certificate. The city treasurer may issue a certificate of public convenience and necessity if an applicant meets the following standards: A. The applicant's financial status shall be such that the applicant shall be capable of operating the horse-drawn carriage for hire service during the time the certificate shall remain in effect. B. The public convenience and necessity requires the granting of a certificate in that the applicant has shown: 1. The support of potential customers of the service; 2. The uniqueness of the services offered, if possible; 3. That the service would not disrupt local traffic conditions. C. If the applicant is an individual: 1. The applicant shall be at least 18 years of age. 2. The applicant shall not have an outstanding unpaid final judgment. 3. The applicant shall not have been convicted of, forfeited bond or pleaded nolo contendere to a felony or any crime involving moral turpitude as defined in T.C.A. § 57-4-203(h)(2), a controlled substance, prostitution, assignation, obscenity, or any crime of a sexual nature in any jurisdiction within five years immediately preceding the date of application. 4. The applicant shall not have been found to have violated this chapter within five years immediately preceding the date of application. D. If the applicant is a corporation: 1. All officers and directors shall be at least 18 years of age. 2. No officer, director or stockholder required to be named under section 6-32-6 shall have outstanding unpaid final judgments. 3. No officer, director or stockholder required to be named under section 6-32-6 shall have been convicted of, forfeited bond or pleaded nolo contendere to a felony or any crime involving moral turpitude as defined in T.C.A. § 57-4-203(h)(2), a controlled substance, assignation, prostitution, obscenity, or any crime of a sexual nature in any jurisdiction within five years immediately preceding the date of application. 4. No officer, director or stockholder required to be named under section 6-32-6 shall have been found to have violated this chapter within five years immediately preceding the date of application. E. If the applicant is a partnership, joint venture or any other type of organization where two or more persons have a financial interest: 1. All persons having a financial interest in the partnership, joint venture or other type of organization shall be at least 18 years of age. 2. The managing experience in the operation of a horse-drawn carriage business or in related endeavors. 3. No person having a financial interest in the partnership, joint venture or other type of organization shall have outstanding unpaid final judgments. 4. No person having a financial interest in the partnership, joint venture or other type of organization shall have been convicted of, forfeited bond or pleaded nolo contendere to a felony or any crime of moral turpitude as defined in T.C.A. § 57-4-203(h)(2), a controlled substance, prostitution, assignation, obscenity or any crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application. 5. No person having a financial interest in the partnership, joint venture or other type of partner or manager shall have organization shall have been found to have violated this chapter within five years immediately preceding the date of the application. (Code 1985, § 39-107; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995)

Memphis Code of Ordinances § 6-32-8 Certificate issued to owner only.

Sec. 6-32-8. - Certificate issued to owner only. No certificate shall be granted under this chapter to any person unless the person is the owner of the horse-drawn carriage(s). The owner of a horse-drawn carriage must prove ownership to the city treasurer or his or her designee. The owner shall have a permanent number engraved or embossed on the chassis of the horse-drawn carriage. The owner will furnish photographs of the carriage(s) and notarized statements listing the self imposed serial number(s) to the city treasurer. (Code 1985, § 39-108; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995)

Memphis Code of Ordinances § 6-32-9 Fee.

Sec. 6-32-9. - Fee. Certificates of convenience and necessity of horse-drawn carriages shall expire at midnight every March 31st, unless a timely and complete renewal is filed prior to that date. Such a timely and complete renewal shall serve to extend the permit until final action on the renewal request is taken by the department. When a certificate is issued, and at each renewal thereof, a fee for each carriage in use shall be paid to the city treasurer to defray the cost of administration of this chapter. The fee shall be as follows: A. For permits good for the period of April 1, 2003 until March 31, 2004: $55.00. B. For permits good for the period of April 1, 2004 until March 31, 2005: $65.00. C. For permits good for the period of April 2, 2005 until March 31, 2006, and every year thereafter: $75.00. D. For any certificate or permit issued or amended after October 1 of any year, the fee shall be half the annual fee charged that year for each vehicle in use. (Code 1985, § 39-109; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995; Ord. No. 4941, 5-7-2002)

Memphis Code of Ordinances § 6-32-10 Business license.

Sec. 6-32-10. - Business license. A. Each carriage company must have a current business license. B. Each carriage company must maintain an emergency telephone number where the owner or manager may be contacted in case of emergency. (Code 1985, § 39-110; Ord. No. 4227, § 1, 11-2-1993)

Memphis Code of Ordinances § 6-32-11 Insurance.

Sec. 6-32-11. - Insurance. No certificate of public convenience and necessity shall be issued unless the applicant provides to the city treasurer proof of financial responsibility by a written policy of liability insurance coverage as follows: A. Not less than $100,000.00 in limited liability per occurrence; B. Not less than $300,000.00 in public liability per occurrence; C. Not less than $50,000.00 in property damages per occurrence. (Code 1985, § 39-111; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995)

Memphis Code of Ordinances § 6-32-12 Business to be conducted by certificate holder; agreement with drivers.

Sec. 6-32-12. - Business to be conducted by certificate holder; agreement with drivers. The business of every horse-drawn carriage for hire shall be carried on by the person to whom the certificate is issued under this chapter. The holder of the certificate may enter into agreements with drivers fixing percentages of receipts to be turned over to the holder of the certificate for the daily use of such carriage paying salaries to drivers, or drivers may rent the horse-drawn carriage for hire for a specific sum of money. A driver may be the conditional vendor or lessor of a carriage as long as the certificate holder is the owner as defined in section 6-32-1. Any arrangement contracted between the holder of a certificate and the driver shall not relieve the holder of the certificate from any liability and damages to third parties. A sample copy of all such agreements shall be kept on file with the city treasurer. (Code 1985, § 39-112; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995)

Memphis Code of Ordinances § 6-32-13 Increase in number of carriages after issuance; enlargement of authority.

Sec. 6-32-13. - Increase in number of carriages after issuance; enlargement of authority. A certificate holder shall not increase the number of horse-drawn carriages for hire operated pursuant to the certificate without receiving the approval of the city treasurer or the city treasurer's designee. The city treasurer or the city treasurer's designee shall approve or disapprove such request on the basis of economic need of the certificate holder, need of public for additional service, and other factors listed in section 6-32-7(B). If the request is denied, the city treasurer or the city treasurer's designee shall advise the certificate holder in writing of the reasons for such action. In no event shall the number of permitted horse-drawn carriages be more than 50. At no time shall the level exceed two-thirds ownership of one certificate holder. If the certificate holder requests a hearing within ten days of receipt of notification of denial, a public hearing shall be held as provided in section 6-32-3(B). (Code 1985, § 39-113; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995; Ord. No. 4941, 5-7-2002)

Memphis Code of Ordinances § 6-32-14 Replacement of vehicles.

Sec. 6-32-14. - Replacement of vehicles. A. In case any carriage covered by a certificate is retired by the owner because it is worn out or so damaged as not to be worth of repair, or is burned or otherwise destroyed, the certificate holder shall advise the designee of the city treasurer in writing of the circumstances of the retirement. The certificate holder shall deposit with the designee of the city treasurer proof of ownership of the replacement carriage. B. The certificate holder must, if vehicles are discarded, sold, returned or otherwise disposed of, give notice to the city treasurer of such action whether or not the vehicle is replaced and return identification sticker to city treasurer. (Code 1985, § 39-114; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995)

Memphis Code of Ordinances § 6-32-15 Accident reports.

Sec. 6-32-15. - Accident reports. Reports of accidents in which any horse-drawn carriage for hire may be involved shall be promptly made to the police services division in accordance with the provisions of chapters 2-28 through 2-36. The certificate holder and the driver shall each have responsibility for filing a copy of the report with the city treasurer. Upon the happening of any accident or collision, the certificate holder shall forthwith have the passenger vehicle for hire involved therein removed from service until properly repaired. (Code 1985, § 39-115; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995)

Memphis Code of Ordinances § 6-32-16 Assignment or transfer of certificates.

Sec. 6-32-16. - Assignment or transfer of certificates. No certificate of public convenience and necessity may be sold, assigned, mortgaged, transferred or alienated. (Code 1985, § 39-116; Ord. No. 4227, § 1, 11-2-1993)

Memphis Code of Ordinances § 6-32-17 Expiration and renewal of the certificate.

Sec. 6-32-17. - Expiration and renewal of the certificate. A certificate issued under this chapter shall expire March 31 of each year at midnight and shall be renewed at the existing level of vehicles as long as the standards for the initial issuance are met. Applications for renewals shall be made by March 10 of each year, by which time all fees for the succeeding year shall have been paid. If the request for renewal is denied, the city treasurer or the city treasurer's designee shall advise the applicant in writing of the reasons for such denial. If the applicant requests a hearing within ten days of notification of denial, a public hearing shall be held as provided in section 6-32-3(B). (Code 1985, § 39-117; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995)

Memphis Code of Ordinances § 6-32-18 Fines, suspension and revocation of certificates.

Sec. 6-32-18. - Fines, suspension and revocation of certificates. A. A certificate issued under the provisions of this chapter may be suspended or revoked by the city treasurer or the city treasurer's designee after a public hearing, except as provided in section 6-32-3(C). Notice, public access to documents, and conduct of hearing shall conform with the provisions of section 6-32-3(B) except that written notice shall be sent by registered U.S. mail to the subject certificate holder by the date of publication. B. A certificate issued under the provisions of this chapter may be subject to a penalty fine of no more than $50.00, suspension or revocation by the director of police services or the director's designee, upon findings at the public hearing that the holder of the certificate has: 1. Violated any provisions of this chapter; 2. Discontinued operation for more than 30 days; 3. Would no longer be eligible for issuance of the certificate. C. A certificate holder shall have the right to appeal the ruling of the city treasurer or the city treasurer's designee revoking or suspending the certificate in the same manner as provided for appeals of the decision under section 6-32-3(C). (Code 1985, § 39-118; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995; Ord. No. 4941, 5-7-2002)

Memphis Code of Ordinances § 6-32-19 Horse-drawn carriage stands—Use by other vehicles prohibited.

Sec. 6-32-19. - Horse-drawn carriage stands—Use by other vehicles prohibited. A. Private or other vehicles for hire shall not at any time occupy the space upon the streets that have been established as horse-drawn carriage stands. From and after July 21, 2002, the horse-drawn carriage stands shall at all times be restricted to a minimum distance of 100 feet from the threshold of any establishment or enterprise whose main business is the serving of restaurant clientele or food serving processes, unless the restaurant owner gives his or her consent that a horse-drawn carriage may be located within the 100 feet minimum distance from its threshold, and all the written consents to go to the city's department of engineering. B. Horse-drawn carriage for hire stands shall be designated by the city engineer in concert with the city treasurer. If in the judgment of the city engineer the establishment of a horse-drawn carriage for hire stand will not interfere with nor present a hazard to the traffic on the street where such stand is sought to be established, the city engineer shall erect or cause to be erected the necessary official signs and markings to designate the stand. The city engineer shall forward a copy of his or her approval of the stands to the city treasurer. C. A holder of a certificate of convenience and necessity may request additional stands through the permit office of the Memphis Police Department or the city engineer. It is unlawful for any person to remove, alter or deface any sign or other marking so installed. Additional markings on the standards shall be approved by the city engineer. D. All horse-drawn carriage for hire stands are to be available for the use of all horse-drawn carriages for hire operating within the city on the basis of the driver of the first carriage for hire arriving at a vacant stand having the right to occupy such stand; however, the city treasurer may designate certain stands for a particular class of vehicles for hire only, such as: taxicab, horse-drawn carriage, etc. It is expressly provided that passengers may select any horse-drawn carriage for hire at such stands regardless of the horse-drawn carriage's position in the line at such stand and that no certificate holder may monopolize any stand. E. While in service, the operator of a horse-drawn carriage for hire may park the carriage at any legal parking space. When a carriage is parked upon a metered space, the operator shall pay the appropriate fee. If the carriage is so large that more than one metered space is occupied, the driver shall pay the meter(s) for all spaces fully or partially occupied. This provision shall not prevent the operator of a horse-drawn carriage for hire from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers. While parking for this designated purpose upon a metered space, the driver shall pay the appropriate fee. While parked at any parking space, subsections G and H of this section and section 6-32-48 shall apply. F. No person other than the holder of a horse-drawn carriage for hire certificate of convenience and necessity, his or her agent, or employees, shall occupy a designated horse-drawn carriage for hire stand, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any passenger vehicle for hire entering or about to enter the stand or stop. G. Carriage companies shall keep horse-drawn carriage stands clean, free of manure and urine at all times. Urine shall be diluted with water or water with disinfectant as it occurs. H. Water for the horses shall be available at all times. (Code 1985, § 39-119; Ord. No. 4227, § 1, 11-2-1993; Ord. No. 4352, § 11, 8-15-1995; Ord. No. 4941, 5-7-2002)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT6BULIRE_CH6-32HOAWCA_ART3CEREFetched: 10/28/2026