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BULLET St. Louis City Revised Code Chapter 8.98 Taxicabs and Service Cars Part II

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 8.98
Taxicabs and Service Cars

PART  II CERTIFICATE OF CONVENIENCE AND NECESSITY

Sections:

8.98.005 Rules and regulations.
8.98.011 Certification of convenience and necessity--Application.
8.98.017 Certificate of convenience and necessity--Hearing.
8.98.023 Certificate of convenience and necessity--Issuance--Factors.
8.98.035 Additional taxicabs--Fee.
8.98.041 Certificate not transferable.
8.98.047 Discontinuing service.
8.98.053 Amendment of certificate--Reserve taxicab--Fee.
8.98.059 Revocation--Hearing--New license.
8.98.065 Suspension or revocation of certificate of convenience and necessity and licenses--Noncompliance with state statutes.
8.98.071 Suspension or revocation of certificate of convenience and necessity and the licenses--Public welfare.
8.98.077 Suspension or revocation of certificate of convenience and necessity and the licenses--Hearing.
8.98.083 Certificate of convenience and necessity--Vehicle information.
8.98.095 Permitting an unlicensed taxicab driver to operate.
8.98.101 Vehicle driver appearance.
8.98.107 Taximeters.
8.98.113 Distinctive colors for each company.
8.98.119 Display of taxicab number and business name of certificate holder.
8.98.125 Number of taxicabs in operation.
8.98.131 Offices.
8.98.137 List of drivers to be filed.
8.98.143 Records of drivers and vehicles.
8.98.149 Certificate of inspection.
8.98.155 Inspection--Requirements.
8.98.160 Inspection--Fee--Penalty for violation.
8.98.161 Notice of violation.
8.98.167 Inspection--Failure to appear or pass.

8.98.005 Rules and regulations.

The board of public service is authorized and empowered to promulgate rules and regulations, not inconsistent with this chapter, necessary to carry out the provisions of this chapter. The rules and regulations shall be in writing, and shall be available to all certificate holders and their employees, and the public, at the office of the director of streets. Any changes in the rules and regulations shall be published in the city journal, and shall be effective ten days after publication.

A. The director of streets, may summarily withdraw the authorization granted in this section from any taxicab company or operator which he finds is not operating in accordance with the regulations of the city including but not limited to regulations with respect to public safety, insurance and equal employment opportunity or who by its operation is engaging in unfair or disruptive competition. Notice of withdrawal shall be sent by registered mail to the taxicab company’s listed office in the city, to the chief of police of the city and shall be posted in the civil courts building.

B. It shall be unlawful for any taxicab company or operator to drive any taxicab within the city for any purpose after notice of withdrawal of privileges is posted in the civil courts building. (Ord. 58795 3 (part), 1983.)

City Counselor Ops.: 9342

8.98.011 Certification of convenience and necessity--Application.

An application for a certificate of convenience and necessity shall be addressed to the board of public service. This application shall be in writing, verified by the affidavit of the applicant, or if the applicant be a corporation, partnership or association of persons of any kind, by its duly authorized officer or agent, and shall state the following facts:

A. The full name and address of the applicant, and if a partnership, the names and addresses of all partners; if a corporation or association of persons, the names and addresses of all the officers and directors thereof;

B. What, if any, previous experience the applicant has had, or if the applicant is a partnership, the partners therein have had, or if the applicant is a corporation or other association of persons, the officers and directors have had in the taxicab business;

C. The number or taxicabs the applicant desires to operate;

D. The passenger capacity of each vehicle according to manufacturer’s rating;

E. The type of motor car to be used, horsepower and name of manufacturer;

F. The insurance proposed to be carried, the amount of the insurance and the company issuing the policy. (Ord. 58795 3 (part), 1983.)

City Counselor Ops.: 9342

8.98.017 Certificate of convenience and necessity--Hearing.

Upon the filing of an application for a certificate of convenience and necessity, the board of public service shall conduct a hearing thereon to determine the public convenience and necessity. Notice of his hearing shall be given to all persons interested, including the owner of the vehicle, at least three days before the date set forth hearing. The kind of notice, the place of hearing and all facts connected with or relating to the hearing, shall be regulated by the board of public service. (Ord. 58795 3 (part), 1983.)

8.98.023 Certificate of convenience and necessity--Issuance--Factors.

The board of public service shall have power to issue or refuse to issue any certificate of convenience and necessity as the public welfare, convenience or necessity may require. In determining whether public convenience and necessity require the licensing of taxicabs for which application may be made, the board of public service shall take into consideration whether the demands of the public require the proposed or additional taxicab service within the city; that existing taxicab service is not sufficient to properly meet the needs of the public; the financial responsibility of the applicant; the number, kind, type of equipment and the color scheme proposed to be used; the increased traffic congestion and demand for increased parking space upon the streets of the city, which may result, and whether the safe use of the streets by the public, both vehicular and pedestrian, will be preserved by the granting of the additional license; and other relevant facts as the board may deem advisable or necessary. (Ord. 58795 3 (part), 1983.)

8.98.035 Additional taxicabs--Fee.

If the board of public service shall find that the public convenience and necessity requires the operation of additional taxicabs, and shall issue its certificates to such effect, it shall be the duty of the license collector to issue to the applicant a license for each additional taxicab authorized by the certificate of convenience and necessity issued by the board of public service. Upon issuance of the licenses, the applicant shall pay an annual license tax in the sum of thirty dollars for each taxicab. If any license is issued after the first day of December in any license year, the applicant shall pay a license tax of one-half of the above mentioned sum for the remainder of the license year. This license tax shall be due and payable on the first day of June of each year, and shall expire one year thereafter, but the license shall be renewed from year to year, upon the payment of the required fee. (Ord. 58795 3 (part), 1983.)

Cases:

City of St. Louis may require taximeters in taxicabs. Ex parte Tavling, 241 S.W. 929 (1922).

McQuillin:

26.173 et seq. Taxicab licenses and permits

8.98.041 Certificate not transferable.

No holder of a certificate of convenience and necessity may sell, assign, lease or otherwise transfer the rights and privileges granted thereunder to any other person without first having been granted permission to do so by the board of public service. (Ord. 58795 3 (part), 1983.)

8.98.047 Discontinuing service.

No person who has been licensed to operate taxicabs may discontinue all or any of them without first filing with the board of public service, a statement, verified by affidavit, of the number of vehicles he desires to discontinue operating, and the reasons therefor, and obtaining permission from the board of public service to discontinue operation as set forth in the statement. The withdrawal of any vehicle from operation, for the purpose of conditioning, overhauling or repairing shall not be considered discontinuing operation under this section. (Ord. 58795 3 (part), 1983.)

City Counselor Ops.: 8162

8.98.053 Amendment of certificate--Reserve taxicab--Fee.

Within sixty (60) days of the effective date of the ordinance codified in this chapter, the board of public service shall amend all existing certificates of convenience and necessity to authorize only the number of taxicabs actually in service. If a certificate authorizes more taxicabs than are actually in service, the holder thereof may retain authority for no more than forty (40) reserve taxicabs. Notice and a right to be heard concerning the number of taxicabs to be authorized shall be given to each certificate holder within said sixty (60) days. For the privilege of having authority for such reserve taxicabs, the holder of said certificate shall pay an annual fee of thirty dollars ($30.00) for each reserve taxicab in addition to the license fee for taxicabs in service. (Ord. 58795 3 (part), 1983.)

8.98.059 Revocation--Hearing--New license.

Upon complete abandonment of taxicab service for a period of ten consecutive days by any owner or operator of taxicabs, the board of public service, upon a hearing, after three days’ notice to the owner or operator, shall recall the certificate of convenience and necessity theretofore issued to the owner or operator, and upon notice thereof by the board of public service to the license collector, the licenses theretofore issued to the owner or and operator shall be and stand revoked. No license shall thereafter be reinstated or renewed by the license collector until the owner or operator has obtained a new certificate of convenience and necessity, with like effect as through the owner or operator had never theretofore been granted the certificate and license. (Ord. 58795 3 (part), 1983.)

City Counselor Ops.: 8162

8.98.065 Suspension or revocation of certificate of convenience and necessity and licenses--Noncompliance with state statutes.

Any certificate of convenience and necessity and taxicab licenses which have been issued to any person shall be revoked by the board of public service, upon a hearing, after three days notice to the operator, if such person has failed, or shall fail, to file with the Secretary of State any report required by the Revised Statutes of Missouri. (Ord. 58795 3 (part), 1983.)

8.98.071 Suspension or revocation of certificate of convenience and necessity and the licenses--Public welfare.

Any certificate of convenience and necessity and the licenses issued thereunder may be suspended or revoked at any time after notice and a hearing by the board of public service, when the board of public service shall find operation of the taxicabs thereby authorized inconsistent with public convenience and necessity, or with public safety and welfare. (Ord. 58795 3 (part), 1983.)

8.98.077 Suspension or revocation of certificate of convenience and necessity and the licenses--Hearing.

Any certificate of convenience and necessity and the licenses issued thereunder may be suspended or revoked at any time after notice and a hearing by the board of public service for any violation of any of the provisions of this chapter by the holder of the certificate of license, or by any person in the operation of the taxicabs. (Ord. 58795 3 (part), 1983.)

City Counselor Ops.: 9342

8.98.083 Certificate of convenience and necessity--Vehicle information.

The certificate holder, before placing any vehicle in service, or permitting any vehicle to be placed in service under the certificate of convenience and necessity, shall submit in writing, verified by the affidavit of the applicant, or if the applicant be a corporation, partnership or association of persons of any kind, by its duly authorized officer or agent, a statement of the following facts concerning each vehicle proposed to be operated:

A. The name and address of the owner or owners;

B. The state license number;

C. The motor serial number.

(Ord. 58795 3 (part), 1983.)

City Counselor Ops.: 9342

8.98.095 Permitting an unlicensed taxicab driver to operate.

The certificate holder shall not permit any taxicab to be operated under that certificate by anyone not registered as a taxicab driver. (Ord. 58795 3 (part), 1983.)

8.98.101 Vehicle driver, appearance.

It shall be the duty and responsibility of each holder of a certificate of convenience and necessity for the operation of taxicabs and service cars to permit to be operated thereunder only vehicles as are in a thoroughly safe condition for the transportation of passengers, clean, fit, of good appearance and well painted. It shall further be the duty and responsibility of the holder of a certificate to permit a taxicab or service car to be operated thereunder only by a duly registered driver who shall present a neat and orderly appearance. (Ord. 58795 3 (part), 1983.)

8.98.107 Taximeters.

All taxicabs (other than limousines or similar vehicles rented by the hour or day with a driver supplied) shall use taximeters as the sole means of determining fares, except those taxicabs providing a "shared ride." Taxicabs providing a "shared ride" shall charge a fixed amount depending upon the distance traveled as predetermined by the city in their transportation brokerage program. The fare schedules of taximeters including the amount to be charged for waiting periods shall be filed with the board of public service, and the schedules shall be changed only after filing the changes with the board of public service. No operator or certificate holder shall use, or permit to be used, any fare scheduled not filed with the board of public service. The certificate holder shall maintain all taximeters used under the certificate so as to be accurate, and so that they will be well lighted and easily visible to the passenger. (Ord. 58795 3 (part), 1983.)

City Counselor Ops.: 9342

Cases:

City of St. Louis may impose a taxicab license tax. Ex parte Tavling, 241 S.W. 929 (1922).

8.98.113 Distinctive colors for each company.

A. All taxicabs operated by a certificate holder shall possess a color or color combination which is distinctly different from that used by the taxicabs operated by any other such certificate holder, and which shall be registered with and approved by the board of public service. However, when the holders of two or more certificates to operate taxicabs make written application to the board of public service to jointly use the same color or color combinations, the board of public service may authorize such joint usage after holding a public hearing thereon, if it determines that such joint usage is in the public interest.

B. Whenever any such taxicabs, operated by a certificate holder, shall be withdrawn permanently from its authorized service or use, it shall be the duty of the certificate holder to alter, obliterate or otherwise change such color or color combination of such taxicab so that such former taxicab may not be confused with nor resemble any other taxicab operated by any certificate holder. (Ord. 58795 3 (part), 1983.)

City Counselor Ops.: 9342

8.98.119 Display of taxicab number and business name of certificate holder.

Each taxicab shall have the number of the taxicab and the business name of the certificate holder painted inside the taxicab in at least two places in the rear of the taxicab so as to be easily visible to the passenger, in characters not less than one and one-half inches in height. (Ord. 58795 3 (part), 1983.)

City Counselor Ops.: 9342

8.98.125 Number of taxicabs in operation.

Any applicant receiving a certificate of convenience and necessity shall be required to have taxicabs operating to the total number specified in that certificate within sixty days of the date of issuance of the certificate. Failure to do so will constitute grounds for revocation of the certificate of convenience and necessity, upon a hearing before the board of public service. The provisions of this section shall not apply to reserve taxicab as provided by Section 8.89.053. (Ord. 58795 3 (part), 1983.)

City Counselor Ops.: 9099, 9342

8.98.131 Offices.

Each certificate holder is required to have and maintain an office at which can be found at all times a responsible representative of that certificate holder and to which can be directed any reports of lost articles, complaints, inquiries, and related matters, and shall maintain a listing in all such business directories as are commonly available to the public. (Ord. 58795 3 (part), 1983.)

City Counselor Ops.: 9342

8.98.137 List of drivers to be filed.

Each holder of a certificate of convenience and necessity for the operation of taxicabs or service cars shall, on or before the fifth day of each month, file with the director of streets a verified list of all taxicab or service car drivers entering or leaving his employ during the preceding month. (Ord. 58795 3 (part), 1983.)

City Counselor Ops.: 9342

8.98.143 Records of drivers and vehicles.

Each holder of a certificate of convenience and necessity for the operation of taxicabs or service cars shall keep an accurate, complete, and up-to-date record of the days and time when each taxicab and taxicab driver or service car and service car driver shall have been on duty, and the certificate holder’s fleet number of the vehicle assigned to each driver while on duty. The certificate holder shall make the information available to the director of streets or his representative on request. (Ord. 58795 3 (part), 1983.)

8.98.149 Certificate of inspection.

Any applicant receiving a certificate of convenience and necessity, before placing any vehicle in service, or permitting any vehicle to be placed in service under the certificate, shall submit to the board of public service a certificate of inspection from the director of streets covering all vehicles proposed to be operated. (Ord. 58795 3 (part), 1983.)

City Counselor Ops.: 9342

8.98.155 Inspection--Requirements.

The director of streets shall maintain constant vigilance over all taxicabs: and through his deputies and inspectors shall inspect all such vehicles to ascertain that they are in a thoroughly safe condition for the transportation of passengers, clean, fit, of good appearance and well painted. The inspection shall be made annually before the issuance of any license therefor, and shall be thereafter from time to time, or on the complaint of any person, as often as may be necessary to ascertain that the taxicabs are kept in a condition of continued fitness for public use. At such inspection all equipment requirements of the city traffic code may be inspected and will be required whether the equipment is needed for use at that hour or time of the day or not (e.g., wipers, headlights). If after an inspection, the director of streets finds that the inspected vehicle is not in a condition of continued fitness for public use, either by reason of mechanical defect or unclean or disreputable appearance, he shall forbid the use of said vehicle by the owner thereof; provided, that the director of streets may allow the owner a 30-day period from the time of the director’s finding to make such corrections as are necessary to make the vehicle fit for public use. During that 30-day period the owner may continue to use such vehicle, but such use shall cease at the end of said 30-day period unless the taxicab is submitted for reinspection and is determined by the director of streets to be in a condition of continued fitness for public use. The director may adopt rules and regulations not inconsistent with this section. He shall also test any taximeter for accuracy and make certain it will be well lighted and visible to the public. Reports in writing of all inspections shall promptly be made and kept on file in the department of streets. (Ord. 58795 3 (part), 1983.)

City Counselor Ops.: 7821, 9342, 9668

8.98.160 Inspection--Fee--Penalty for violation.

A. For the annual inspection above prescribed the director of streets shall receive a fee of twenty-five dollars ($25.00) for each taxicab inspected, which fee shall be paid by the owner or operator thereof at the time of making such inspection. Nothing herein contained shall be so construed as authorizing the director of streets to charge or collect more than one inspection fee per year on the same taxicab.

B. Any person, firm, or corporation, in violation of the foregoing provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined the sum of not less than twenty-five dollars ($25.00), nor more than five hundred dollars ($500.00). (Ord. 58795 3 (part), 1983.)

City Counselor Ops.: 7821, 9342, 9668

8.98.161 Notice of violation.

If the director of streets finds that a violation of this chapter has occurred, he may immediately site the holder of the certificate of convenience and necessity under which the violation has occurred to appear before him within fifteen days for a hearing. Upon conclusion of the hearing, the director shall take action he deems proper. (Ord. 58795 3 (part), 1983.)

8.98.167 Inspection--Failure to appear or pass.

Upon notification by the director of streets, a certificate holder shall present a taxicab which is in service for inspection at the place designated. If the taxicab remains in service and is not presented for inspection within ten days of notification, or does not pass inspection within the time set for this (see Section 8.98.155), the director of streets shall notify the board of public service, and the board shall cite the certificate holder to appear before the board within fifteen days and shown cause why the certificate of convenience and necessity should not be revoked. (Ord. 58795 3 (part), 1983.)

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