Sec. 28-34. - Issuance standards and procedures.
(a) In determining whether public convenience and necessity require the operation of a taxicab or taxicabs and in issuing certificates for which applications are made, the council shall consider in addition to the information set forth in the applications:
(1) Whether the demand of the public requires additional taxicab service.
(2) The adequacy of existing mass transportation, and taxicab service.
(3) The financial responsibility, experience and quality of service being rendered, if any, by each applicant.
(4) The total number of certificates held by each applicant.
(5) The ability to provide continuity of service regarding certificates surrendered by associates of applicant.
(6) The ability of each applicant to earn a fair return on the capital invested.
(7) The number, kind and type of equipment.
(8) The ability of each applicant to provide an efficient level of service.
(9) The survey and recommendation of the chief of police.
(10) Any other considerations as in the opinion of the council will tend to improve taxicab service in the city and which will assist in determining whether public necessity and convenience require the operation of additional taxicabs.
(11) In order to operate a taxicab business or firm, an owner shall have a minimum of seven (7) cabs in rotation.
(b) The council shall not issue a certificate of convenience and necessity to any applicant unless the council is satisfied that the applicant is qualified pursuant to the provisions of this chapter, and shall conform to and comply with the provisions, terms and conditions of this article, including section 28-70, paragraphs (a)(2), (3), and the applicant has been determined to meet the following requirements:
(1) The applicant is at least eighteen (18) years of age or is otherwise legally emancipated.
(2) The applicant has not entered a plea of guilty or no contest to nor has been convicted of:
a. A violation of any federal or state statute relating to prostitution or gambling laws, or the use, possession, or sale of a controlled substance within five (5) years preceding the application;
b. A violation of any federal or state statute relating to transporting or selling or possessing intoxicating liquors within five (5) years preceding the application;
c. A felony within five (5) years preceding the application;
d. Any crime which may reasonably be interpreted as involving moral turpitude or is so offensive to the public morals or of a sexual perversion as to justify the conclusion that the applicant is not of good moral character, including but not limited to those offenses listed in Chapter 14, Article 26 and Article 27 of the North Carolina General Statutes, relating to offenses against public morality and decency and crimes related to prostitution within five (5) years preceding the application;
e. A violation of any state statute relating to operating an automobile while under the influence of alcohol or drugs, or when the amount of alcohol in the blood meets or exceeds a specifically prohibited level, or when the operation of a vehicle has been directly and visibly affected by the operator's consumption of alcoholic beverages within five (5) years preceding the application.
(3) The applicant is not an habitual user of drugs or intoxicating liquors.
(4) There are no unpaid and unbonded judgments of record against the applicant; or, if unpaid and unbonded judgments of record exist, the applicant has established and maintained regular periodic payments in discharge of the liability, which payments are designed to discharge the liability within a reasonable period of time considering the amount of the liability.
(5) Reserved.
(6) The applicant has demonstrated the ability to purchase insurance as required by this chapter.
(7) The applicant has demonstrated the ability to place in service within ninety (90) days of the issuance of the certificate a vehicle adequate to provide and maintain the quality of service required by this chapter and meeting all of the requirements of this chapter for a taxicab.
(8) The applicant has demonstrated the ability to establish within ninety (90) days of the issuance of the certificate, a depot, terminal, or other base of operation for receiving of requests for taxicab service and the dispatching of taxicabs in response to requests for service adequate to provide and maintain the quality of service required by this chapter, and has demonstrated the ability to obtain within ninety (90) days of the issuance of the certificate the necessary recording and office equipment and other necessary equipment and things adequate to provide and maintain the quality of service required by this chapter and sufficient to comply with all of the provisions of this chapter including all the record keeping and reporting provisions.
(9) The applicant has registered properly with the state the correct and true owner's name of any vehicle intended to be operated pursuant to the certificate.
(10) There has not been a revocation of any certificate of convenience and necessity previously issued to the applicant within the twelve (12) months preceding application.
(11) Issuance of the certificate to the applicant will not result in the applicant holding such number of certificates or such percentage of all issued certificates that a pernicious effect on competition will result or that the quality of service to the public sought and required by the provisions of this chapter will be impaired.
The applicant shall provide to the council or its designee any and all facts, evidence, information or documents within the possession or control of the applicant or available to the applicant that shall be reasonably related to the determination of the qualifications of the applicant and as the council or its designee shall request. Further, the submission of the application shall constitute a waiver of all applicant's privileges and rights of privacy with respect to any document in existence reasonably related to the determination of the applicant's qualifications and shall serve as an authorization to the council or its designee to make inquiry of any person or entity, and to receive any oral or written reports from any person or entity, regarding any facts, evidence or information reasonably related to the determination of the applicant's qualifications. The applicant shall sign any separate written authorization that any person or entity shall require prior to the release of any documents or information concerning the applicant.
(c) The issuance of new certificates of convenience and necessity shall be done as the need arises. All of those persons interested in obtaining a certificate of convenience and necessity shall submit an application under section 28-32. Council or its designee shall review the applicants to determine whether or not the applicants meet the requirements of this chapter. If it is determined that an applicant meets the requirements of this chapter, the applicant will be placed on a list in chronological order.
(d) If the council or its designee finds that one (1) is more qualified than the other applicants after considering the requirements of this chapter, then the applicant who is more qualified shall be awarded the certificate of convenience and necessity. However, if after reviewing the applications the council or its designee feels that some of the applicants are equally qualified, a list of the equally qualified applicants shall be maintained in prioritized order based upon the date and time of application, and each certificate will be awarded according to the sequence of a certificate of convenience and necessity available. Any certificate of convenience and necessity available shall be awarded according to the priority of the applicant on the list, when council or its designee finds the applicants to be equally qualified.
(e) If any person shall refuse the offer of a certificate of convenience and necessity from the council or fails, refuses, or neglects to furnish such additional service within ninety (90) days after the certificate is offered him/her/them, the council or its designee shall withdraw the certificate of convenience and necessity.
(f) Certificate of convenience and necessity, when granted, shall be issued in the name of the city by the city manager or his/her/their designee.
(Code 1961, §§ 20-2, 20-4.1; Ord. No. 88-122, § 1, 9-1-88; Ord. No. 90-54, §§ 2—4, 4-12-90; Ord. No. 00-155, §§ 2, 3, 7-31-00; Ord. No. 17-27, § 1, 3-21-17; Ord. No. 18-144, § 1, 12-18-18; Ord. No. 20-163, § 3, 12-15-20)
