CHAPTER III. BUSINESS REGULATIONS AND LICENSESCHAPTER III. BUSINESS REGULATIONS AND LICENSES\Article 10. Taxicabs

For the purposes of this article, taxicab shall mean a motor vehicle regularly engaged in the business of carrying passengers for hire.

It shall be unlawful for any person to use, drive or operate either as owner, operator or driver any taxicab within the city which shall not have been duly licensed, or which is not being operated by the person or his agent to whom the license for such vehicle has been issued.

The annual fee for a taxicab license shall be thirty-five dollars ($35.00). The license shall expire on December 31st after issuance.

Any person desiring to operate a motor vehicle as a taxicab within the city shall file an application for a license on such form and containing such information as the City Clerk may require, which shall include the following information:

(a)   The name and address of the owner of the vehicle proposed to be licensed

(b)   A complete description of each vehicle or vehicles, including the number of persons it is constructed to carry, model, motor number and state license number

(c)   The principal place of business, telephone number and office address of the owner, if the owner be a corporation, the names of the officers and directors, and if a partnership, the names of all of the partners

(d)   The trade name under which the taxicab shall be operated

The following procedure shall be followed upon the receipt of an application:

(a)   The City Clerk shall refer the same to the Police Chief, who shall cause an investigation of the facts stated therein to be made within not to exceed five (5) days.

(b)   If as a result of the investigation, the applicant is found not to satisfy all of the requirements of this article, the Police Chief shall endorse on such application the findings and disapproval of the application with the reasons for the same, and shall return the application to the City Clerk, who then shall notify the applicant that the application is disapproved and that no license will be issued.

(c)   If the investigation of such application discloses that the applicant satisfies all of the requirements of this article, the Police Chief shall endorse the findings and approval on the application and return the same to the City Clerk, who shall immediately issue a license to the applicant to engage in the business described in the application. Such license shall show the name, address and photograph or fingerprint of said licensee, the kind of goods to be sold or services rendered, the date of issuance, and the length of time the license shall be effective.

Each license for the operation of a motor vehicle as a taxicab shall apply only to the specific operator or operators and vehicle or vehicles described in the application. No license issued for the operation of a motor vehicle as a taxicab shall be assigned or transferred to any person, except upon application for such transfer made to and granted by the City Clerk. This section shall not be construed to prohibit the temporary use of a replacement vehicle while a licensed taxicab is being repaired, if the Police Chief is notified and the replacement vehicle is properly insured.

The Governing Body, upon five (5) days’ written notice, may permanently revoke or suspend such license for a period of not more than thirty (30) days for any of the following reasons:

(a)   The licensee has violated any of the provisions of this article.

(b)   The licensee has discontinued operations for more than ten (10) days.

(c)   The licensee has violated any ordinances of the city, the laws of the State of Kansas or of the United States, the violation of which reflects unfavorably on the fitness of the holder to offer public transportation.

No license shall be issued or continued in operation unless there is in full force and effect a public liability insurance policy for each motor vehicle authorized with coverage and in the amounts required by Kansas law. A copy of such insurance policy shall be filed in the office of the City Clerk, and shall be issued by an insurance company authorized to do business in the State of Kansas.

It shall be the duty of every licensee to observe the following regulations:

(a)   Each taxicab shall display the driver’s certificate of identification card and a fare rate card. The cards shall be so placed that they can be plainly seen by the passengers riding in the taxicab. The fare rate card shall clearly state all rates of fares to be charged. The driver’s certificate of identification card shall be conspicuously displayed in such a manner that the entire card is visible from the rear seat of the automobile and the only license identification card displayed shall be the one belonging to the driver on duty at that time.

(b)   At the time of the original application, each six (6) months thereafter, and after any taxicab has been involved in an accident, a certificate executed by a responsible motor car repair agency of the city shall be submitted to the Police Chief stating that the taxicab has been carefully examined, tested and inspected within a period of not less than ten (10) days prior to the date of the certificate, and that such taxicab is in good, serviceable and mechanical and safe condition for operation. If the Police Chief is not satisfied with the certificate supplied by the owner for any reason, the Police Chief shall have the right at the expense of the owner presenting such certificate to have an independent examination and inspection made at any time.

(c)   Each motor vehicle operating as a taxicab under this article shall be kept in a clean and sanitary condition at all times.

No person shall operate a taxicab within the City of Abilene, Kansas, without having first obtaining a driver’s certificate of identification.

Any person desiring to drive a motor vehicle as a taxicab within the city shall file an application for a certificate of identification on such form and containing such information as the City Clerk may require, which shall include the following information:

(a)   The name, age, sex, weight, height, color of eyes and hair, and residential address

(b)   Whether the applicant has heretofore been licensed as a chauffeur or taxicab driver, and if so, when and by what state

(c)   Whether such license has ever been revoked or suspended, and if so, the date of such revocation and suspension

(d)   The name of person, firm or corporation by whom the applicant is employed

(e)   Whether the applicant has ever been convicted of a felony or misdemeanor, giving particulars of each such conviction

(f)   Two (2) good, clear photographs, which shall not be smaller than 2 1/4” x 2 3/4” nor larger than 2 1/2” x 3,” of the applicant, one of said photographs to be attached to the copy of the application filed with the Police Department, and one of said photographs to be permanently attached to the certificate of identification issued to the applicant

(g)   The fingerprints of the applicant

Each application for a certificate of identification shall be accompanied by the payment of a fee of ten dollars ($10.00), and in the event the applicant is refused a certificate of identification, such fee shall be retained by the city.

A certificate of identification shall be issued by the City Clerk upon approval by the Police Chief. The certificate of identification shall include the date of issuance, the date of expiration, the age, height, weight, sex, race of applicant, color of eyes and hair, a photograph of the applicant, and shall bear the signatures of the Police Chief and City Clerk.

A certificate of identification shall be valid until the December 31 of each year, and may be renewed without a new application upon payment of a fee of five dollars ($5.00), provided that, if in the opinion of the Police Chief, more recent information is needed for proper identification, a new application shall be required.

The certificate of identification shall be conspicuously displayed in such a manner that the entire certificate of identification is visible from the rear seat of the taxicab which the driver is operating and the only certificate of identification so displayed shall be the one belonging to the driver on duty at that time. The certificate of identification shall be enclosed in a frame with glass or other transparent front so that the same may be clearly discernible to and easily read by a passenger in the rear seat. No driver shall operate a taxicab unless the driver shall have a certificate of identification displayed as herein required, and the driver shall be responsible for keeping said certificate of identification in good condition so as to be legible at all times

It shall be unlawful for any taxicab owner, agent, or employee, to allow any person to drive a taxicab within the City of Abilene, Kansas, who does not meet the following requirements:

(a)   Such driver shall have a valid Class “A” or “B” license as required by Kansas law.

(b)   Such driver shall have obtained and display a certificate of identification as required by this article.

(c)   Such driver shall not have been convicted of or forfeited a bond on any of the following offenses within the past one (1) year:

(1)   Any felony under the laws of this state, or any other state or of the United States

(2)   Driving while under the influence of alcohol or other drugs

(3)   Reckless driving

(4)   Leaving the scene of an accident

(5)   Failing to file an accident report

(6)   Any immoral or indecent conduct, which shall include but not be limited to soliciting for prostitution, illegal sale of liquor or cereal malt beverage, gambling or any other misdemeanor opposed to decency or morality

If a licensee or holder of a certificate of identification violates any of the provisions of this article, the Governing Body, upon five (5) days’ written notice to the person holding such license or certificate, may permanently revoke or cause to be suspended for a period of not more than thirty (30) days such license or certificate. In addition, any person who violates a provision of this article may be charged in Municipal Court with such violation and, upon conviction, shall be punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment in jail for not more than thirty (30) days, or both such fine and imprisonment.