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

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Chapter 8.98
Taxicabs and Service Cars
PART IX SERVICE CARS

Sections:

8.98.545 Definitions.
8.98.550 Applicability of part.
8.98.555 License--Required--Application--Certificate of convenience and necessity.
8.98.560 License--Number--Plate.
8.98.565 License--Counterfeit--Transfer.
8.98.570 License--Tax--Limited.
8.98.575 License--Tax--Amount.
8.98.580 Certificate of convenience and necessity--Application--Contents.
8.98.585 Certificate of convenience and necessity--Application--Hearing.
8.98.590 Certificate of convenience and necessity--Application--Routes.
8.98.595 Certificate of convenience and necessity--Application--Schedules.
8.98.600 Certificate of convenience and necessity--Determination of issuance.
8.98.605 Certificate of convenience and necessity--Revocation or suspension--Hearing--Time--Copies.
8.98.610 Certificate of convenience and necessity--Revocation or suspension--Corporations.
8.98.615 Certificate of convenience and necessity--Revocation or suspension--Board powers.
8.98.620 Subpermit number.
8.98.625 Vested rights.
8.98.630 Judgments against owners.
8.98.635 Insurance--Required--Amounts--Endorsement.
8.98.640 Insurance--Filing.
8.98.645 Insurance--Sticker.
8.98.650 Additional cars.
8.98.655 Discontinuance of service.
8.98.660 Transfer of rights.
8.98.665 Inspections.
8.98.670 Rules and regulations.
8.98.675 Stops and stands.
8.98.680 Taking on and discharging passengers.
8.98.685 Penalty for violation.

Prior ordinance history:

1948 C. Ch. 65 13--42

8.98.545 Definitions.

Unless it appears that a different meaning is intended, the following words shall, for the purpose of this part, have the meaning given to them by this section:

A. "Owner" or "operator" or "owner or operator" means the applicant for or the person or corporation to whom a certificate of convenience and necessity is issued pursuant to this chapter:

B. "Person" means and includes any person, firm, corporation, partnership or association of persons of any kind;

C. "Service car" means and includes all motor vehicles which are offered for hire, or engaged in carrying passengers, with or without baggage, for hire within the city, without regard to the time consumed or the distance traveled, and the passengers having no control over the route of passage or carriage, and the fare or charge for the use of which is made on the basis of carrying passengers from one designated place to another along a definite route;

D. "Street" means and includes any street, alley, avenue, boulevard, court, lane, or public place in the city.
(Ord. 46399 1 (part) 1953: 1960 C. 310.010.)

City Counselor Ops.: 9288, 10315

8.98.550 Applicability of part.

This part shall not apply to any motor vehicle used as a sight-seeing car. "Sight-seeing car" means a motor vehicle having a seating capacity in excess of ten persons, and which is used for the purpose of conveying passengers on a sight-seeing tour, as the term is generally understood, and where the basis for charge is time or circuit route traveled by such cars in regular trips; nor shall it apply to motor buses which are defined as having a seating capacity of ten or more persons which is offered for or engaged in conveying passengers, with or without baggage, for hire within the city, without regard to time consumed or distance traveled when the passenger has no control over the route traversed and when the charge for carriage is made on the basis of carrying passengers from one designated place to another designated place along a definite route.
(Ord. 46399 1 (part), 1953.)

8.98.555 License--Required--Application--Certificate of convenience and necessity.

No person shall engage in the business of operating any service car upon the streets of the city without first obtaining a license so to do. The license shall be issued by the license collector but shall not be issued until the applicant therefor shall have obtained a certificate of convenience and necessity from the board of public service to operate the aggregate number of service cars for which he seeks to obtain a license. The application for the license shall bear the endorsement of the secretary of the board of public service, reciting that the applicant has a certificate of convenience and necessity to operate as service cars the cars therein referred to, and has filed the policy of liability insurance required by this part and it shall be accompanied by a certificate of inspection from the director of streets and sewers, indicating that each of the cars is suitable to be used, and also by the license fee provided for in this part.
(Ord. 46399 2, 1953: 1960 C. 311.010.)

8.98.560 License--Number--Plate.

All licenses for service cars shall be in the name of the holder of a certificate of convenience and necessity, and the license collector shall assign a distinctive number to each service car and shall issue a metal plate with the number thereon. The plate shall be securely fastened to the vehicle to which it has been issued and where it can be readily seen. The license shall bear the number assigned and shall show that the vehicle is a service car and that the license is issued subject to suspension or revocation should the board of public service suspend or revoke the certificate of convenience and necessity of the licensee. In the event of the loss, mutilation or destruction of the license or plate, the licensee may obtain from the license collector a duplicate upon filing an affidavit showing that the license or plate has been lost, mutilated or destroyed, and paying a fee of one dollar therefor.
(Ord. 46399 12, 1953: 1960 C. 311.090.)

8.98.565 License--Counterfeit--Transfer.

No plate or license shall be used which has not been duly issued by the license collector for the particular vehicle on which the plate or license is to be used, nor shall anyone use or permit to be used any false or counterfeit plate or license; provided, however, that when any vehicle for which a plate or license has been issued shall be bona fide and permanently withdrawn from service and replaced by another vehicle, the plate or license may, with the approval of the secretary of the board of public service, be transferred from the abandoned vehicle to the replacing vehicle upon application therefor to the license collector and upon the payment of a fee of one dollar.
(Ord. 46399 13, 1953: 1960 C. 311.100, 311.110.)

8.98.570 License--Tax--Limited.

The license tax required shall be a tax on the business of conveying passengers over and upon the streets in the city by means of service cars and nothing in this part shall be so construed as to exempt the owner, or owners, from paying to the city the tax imposed by the city in licensing motor vehicles or automobiles to be operated on its streets, or the tax which the city levies on motor vehicles or automobiles as personal property. Nor shall anything herein be so construed as to exempt the owner or driver of a motor vehicle from the qualifications or from any driver's license which the city, or the state may require of persons who operate motor vehicles.
(Ord. 46399 14, 1953: 1960 C. 311.120.)

8.98.575 License--Tax--Amount.

Before an owner or operator shall receive a license from the license collector, the owner or operator shall pay the license collector the sum of thirty dollars as an annual license tax for each service car to be operated by the owner or operator. The license tax shall be due and payable on the first day of July in each year and shall expire one year thereafter. If the application for license to operate the service car is made during the period beginning on the first day of December and including the last day of April in any year only one-half of the license fee shall be charged and collected; if the application is made during the period beginning on the first day of April and ending on the last day of June of any year, only one-fourth of the license fee shall be charged and collected.
(Ord. 48912 1, 1958: prior Ord. 46399 25, 1953: 1960 C. 311.130.)

8.98.580 Certificate of convenience and necessity--Application--Contents.

The application for a certificate of convenience and necessity shall be addressed to the board of public service, 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:

The full name and address of the applicant; if a partnership, the name and address of all partners; if a corporation or association of persons, the names and addresses of all the officers and directors thereof, the names and addresses of the owner or owners of the vehicles proposed to be operated; and in case any service car belongs to a person other than the applicant a copy of the contract setting out in detail all operating and fiscal agreements between the applicant and the owner pursuant to which he proposes to operate the service car, shall be filed with the application; what, if any, previous experience the applicant has had, or if the applicant be a partnership, the partners therein have had, or if the applicant be a corporation or other association of persons, the officers and directors thereof have had in the service car business; the color scheme proposed to be used; the number of service cars the applicant desires to operate; the capacity of each vehicle according to the manufacturer's rating, which must not be less than four in the tonneau thereof; the type of motor car to be used, horsepower, name of manufacturer, state license, the length of time the vehicle has been in use, and insurance proposed to be carried, the amount of the same, and the company issuing the policy. The application shall be accompanied by a verified detailed statement of the assets and liabilities of the applicant.
(Ord. 46399 3, 1953: 1960 C. 312.010.)

8.98.585 Certificate of convenience and necessity--Application--Hearing.

Upon the filing of the application, the board of public service shall conduct a hearing thereon to determine the public convenience and necessity as set forth in this part. Notice of the hearing shall be given to the owner of the vehicle, or vehicles, and all persons interested, at least three days before the date set for the hearing. The notice shall be given to the applicant by delivering a copy to him or mailing a copy to his address as stated in the application, and a notice to all other persons interested shall be by publication in the paper doing the city's publishing.
(Ord. 46399 4, 1953: 1960 C. 312.020.)

8.98.590 Certificate of convenience and necessity--Application--Routes.

Application for a certificate of convenience and necessity for the operation of a service car shall describe the route over which it is proposed to operate and in addition to the matters which it is authorized by Section 8.98.600 to consider, the board of public service is authorized and empowered to consider and take cognizance of the traffic conditions prevailing on these routes, in determining whether a certificate of convenience and necessity should be granted. The board of public service is authorized and empowered to define and establish congested traffic areas in which service cars shall not be permitted to operate.
(Ord. 46399 21, 1953: 1960 C. 312.130.)

8.98.595 Certificate of convenience and necessity--Application--Schedules.

Application for a certificate of convenience and necessity for the operation of service cars shall contain schedules showing the point of origin and destination of each route on which it is proposed to operate service cars and shall state the time of departure from the point of origin and the time of arrival at the point of destination of each service car it is proposed to operate.
(Ord. 46399 22, 1953: 1960 C. 312.140.)

8.98.600 Certificate of convenience and necessity--Determination of issuance.

The board of public service shall have power to issue or refuse to issue any such certificate, as in its opinion, the public welfare, convenience and necessity, may require. In determining whether public convenience and necessity require the licensing of service cars 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 service car service within the city; the financial responsibility of the applicant, the number, kind, and type of equipment, 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 license, and the past record of the applicant or others with whom he may now be or heretofore may have been associated in the operation of service cars, and other relevant facts as the board may deem necessary or advisable. The board of public service may, either when a certificate of convenience and necessity is issued or thereafter, designate the time within which the whole or any number of service cars thereby authorized must be in service.
(Ord. 46399 5, 1953: 1960 C. 312.030.)

8.98.605 Certificate of convenience and necessity--Revocation or suspension--Hearing--Time--Copies.

The board of public service shall have power to suspend or revoke any certificate of convenience and necessity for the violation of any provision of this part or for the violation of any lawful rule or regulation made by the board of public service governing the operation of service cars, such suspension, except as elsewhere provided in this part, shall be after a hearing, and such revocation shall be after a hearing. A suspension of the certificate shall be for a definite time not exceeding thirty days and may be set aside at any time; provided, that if the Board of Public Service shall have pending before it an order to show cause why the certificate should not be revoked, the suspension may be further extended. The fact that a certificate was suspended for a given cause shall not be a bar to its revocation on the same ground. Whenever the board of public service shall suspend or revoke the certificate of convenience and necessity of the owner or operator of service cars, it shall thereafter be unlawful to operate the service cars until the period of the suspension shall have expired or the board of public service shall have otherwise restored the certificate to the owner or operator. A copy of the order of the board of public service suspending or revoking the certificate shall be forwarded to the chief of police. If the certificate is revoked, a copy of the order or revocation shall be certified to the license collector and he shall thereupon revoke all licenses theretofore issued to the holder of the certificate of convenience and necessity, and make an entry thereof in the records of his office. Should the board of public service subsequently set aside its order of revocation or otherwise restore the certificate to the owner or operator, either in whole or in part, a copy of the subsequent order shall be certified to the license collector, who shall make an entry thereof in the records of his office, and to the chief of police.
(Ord. 46399 17, 1953: 1960 C. 312.080.)

8.98.610 Certificate of convenience and necessity--Revocation or suspension--Corporations.

Any certificate of convenience and necessity which has been issued to a corporation, may be revoked by the board of public service if the corporation has failed or shall fail to file with the proper officer, any report required by any law of this state within sixty days after the date on which the report is due.
(Ord. 46399 18, 1953: 1960 C. 312.090.)

8.98.615 Certificate of convenience and necessity--Revocation or suspension--Board powers.

The fact that the board of public service is authorized to suspend or revoke a certificate of convenience and necessity, or to order the revocation of a license on a specific ground, shall not be a limitation on the power of the board to order the suspension or revocation on any other ground.
(Ord. 46399 19, 1953: 1960 C. 312.100.)

8.98.620 Subpermit number.

The board of public service shall assign to each service car which may be placed in service under a certificate of convenience and necessity a subpermit number, which number shall be affixed one on the rear right-hand window, and one on the rear window of the service car. The number shall be printed on a sticker of a type and size to be determined by the board of public service.
(Ord. 46399 6, 1953: 1960 C. 312.040.)

8.98.625 Vested rights.

No vested right shall accrue to the holder of any certificate of convenience and necessity.
(Ord. 46399 26, 1953: 1960 C. 312.150.)

8.98.630 Judgments against owners.

In the event of any final judgment against the owner or operator of any service car for injury to or death of any person or damage to property from the negligence of the owner or operator remaining unsatisfied for a period of thirty days, the board of public service, upon complaint of the owner of the judgment, shall revoke the certificate of convenience and necessity theretofore issued to the owner or operator of the service car.
(Ord. 46399 8, 1953: 1960 C. 312.110.)

8.98.635 Insurance--Required--Amounts--Endorsement.

Before a license is issued for any service car, the applicant therefor shall file with the board of public service a policy of liability insurance in the sum of five thousand dollars for any one person, and in the sum of ten thousand dollars for any two or more persons who may be injured or killed in one accident at any time by reason of carelessness or negligence in the operation of such service car; and in the sum of two thousand dollars for damage to property which may be sustained by reason of carelessness or negligence in the operation of the service car. The insurance policy shall state the number and description of the service car covered by the policy. The insurance shall be carried in a firm or corporation which has been duly licensed or permitted to do a liability insurance business in the state, and shall be kept and maintained continuously in force and effect so long as the applicant shall be the holder of a certificate of convenience and necessity for the operation of service car on the streets of the city, and so long as the service car license applied for shall, if issued, remain in force. There shall be attached to all liability insurance policies issued pursuant to the requirements of this part the following endorsement:

"In consideration of the premium stated in the policy to which this endorsement is attached, the company hereby waives a description of the motor vehicles to be insured hereunder and agrees to pay any final judgment for personal injury, including death, resulting therefrom, or damage to property, caused by any and all motor vehicles operated by ________, the assured, pursuant to the service car license issued by the City of St. Louis, within the limits set forth in the schedule shown hereon, and further agrees that upon its failure to pay any final judgment, the judgment creditor may maintain an action in any court of competent jurisdiction to compel such payment. Nothing contained in the policy or any endorsement thereon, nor the violation of any of the provisions thereof by the assured, shall relieve the company from liability hereunder or from the payment of such judgment. The policy to which this endorsement is attached shall not expire, nor shall cancellation take effect until after ten days' notice in writing by the Company shall have been given to the board of public service of the City of St. Louis at its office in the City Hall, said ten days' notice to commence to run from the date notice is actually received at the office of the Board. Attached to and forming a part of Policy No. ________ issued by ________ Company to ________."
(Ord. 46399 7 (part), 1953: 1960 C. 311.020, 311.030, 311.040.)

8.98.640 Insurance--Filing.

It shall be unlawful for any person to operate or drive, or cause to be operated or driven, any service car along or upon any street in the city unless the policy of insurance required by this part for the service car shall have been filed with the board of public service and maintained in full force and effect.
(Ord. 46399 7 (part), 1953: 1960 C. 311.050.)

8.98.645 Insurance--Sticker.

Upon satisfactory evidence of compliance in full with all the provisions of this part relative to liability insurance, the board of public service, on the first day of each month, shall issue to the owner or operator of each service car, a windshield sticker showing the month and year for which issued. This sticker shall be applied to the lower right-hand corner of the windshield of the service car for which issued and shall not be removed or transferred during the month for which issued. At no time shall more than one such sticker be displayed on the windshield of any service car.
(Ord. 46399 7 (part), 1953: 1960 C. 311.060.)

8.98.650 Additional cars.

If the board of public service after a public hearing shall find that public convenience and necessity requires the operation of service cars in addition to those previously authorized under the provisions of this part and shall issue its certificate to that effect, either upon the application of a person already authorized to operate service cars or a new applicant, and assign a sub-permit number to each service car authorized by the certificate, it shall then be the duty of the license collector to issue to the applicant a license for each additional service car authorized by the certificate of convenience and necessity. Whenever the holder of a certificate of convenience and necessity shall be granted a certificate to operate additional service cars, the board of public service shall make an order amending the original certificate and reciting the number of service cars previously authorized, the date or dates of the authorization, the number authorized by the amendment, and the aggregate number of service cars which the person may operate pursuant to the amended certificate. Before a license shall be issued for any additional service cars, the applicant therefor shall file one policy of liability insurance covering all service cars for which he holds a certificate of convenience and necessity, or the policy of liability insurance theretofore filed by him shall bear an endorsement to the effect that it covers the additional service cars. The policy of insurance shall then state the total number and description of service cars covered by the policy. If any policy of insurance is permitted to lapse, expire or be cancelled for any reason whatsoever, and the holder of the certificate fails to replace the same immediately with another policy of insurance fully complying with the provisions of this part, the certificate of convenience and necessity shall be suspended by the board of public service without notice or hearing, and the board may, after a hearing upon notice, revoke the certificate. The board of public service may reinstate any suspended certificate of convenience and necessity after suspension upon compliance in full with all the provisions of this part within a reasonable time.
(Ord. 46399 9, 1953: 1960 C. 311.070, 311.080.)

8.98.655 Discontinuance of service.

No person to whom a certificate of convenience and necessity to operate service cars has been granted may discontinue permanently any or all of them without first filing with the board of public service a verified statement of the number of the vehicles he desires to discontinue operating and the reason therefor, and obtaining the approval of the board to discontinue the operation, as set forth in the statement or in an amendment thereof. Upon approval, the board of public service shall amend the certificate of the person and make a corresponding reduction in the number of service cars he may operate. The withdrawal of any vehicle from operation for the purpose of conditioning, overhauling or repairing, or for any other interfering circumstance which in the judgment of the board is beyond the control of the certificate holder, shall not be considered discontinuing operation within the meaning of this section. Upon what, in the judgment of the board of public service, constitutes substantially a complete abandonment of service car service for a period of ninety consecutive days, it shall revoke the certificate of convenience and necessity of the owner or operator unless it shall appear to the satisfaction of the board that the abandonment is due to causes beyond the control of the owner or operator.
(Ord. 46399 10, 1953: 1960 C. 312.050, 312.060.)

8.98.660 Transfer of rights.

No holder of a certificate of convenience and necessity may sell, assign, or lease, or otherwise transfer the rights and privileges granted thereunder to any other person without the approval of the board of public service made by an order duly entered in its records.
(Ord. 46399 11, 1953: 1960 C. 312.070.)

8.98.665 Inspections.

The director of streets shall maintain constant vigilance over all service cars, 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 made thereafter from time to time, or on the complaint of any person, as often as may be necessary to ascertain that the service cars are kept in a condition of continued fitness for public use. The director of streets may forbid the use of any vehicle by the owner thereof, found to be unfit or unsuited for public patronage. Reports in writing of all inspections shall promptly be made and kept on file in the department of streets. Whenever any vehicle shall have been found to be unfit or unsuited for public patronage and its use forbidden by the director of streets, it shall be unlawful for any person to further use the vehicle as a service car. The director of streets shall issue to each owner an inspection card which shall identify the service car inspected and the card shall be kept in the possession of the operator of the service car while the service car is being operated in the business of carrying passengers. For the annual inspection, the director of streets shall receive a fee of five dollars for each service car inspected, which fee shall be paid by the owner or operator thereof at the time of making the inspection; but 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 service car. The director of streets is authorized and empowered to establish reasonable rules and regulations in connection with the inspection and examination mentioned herein and the issuing of the certificate of inspection.
(Ord. 46399 15, 1953: 1960 C. 310.020.)

City Counselor Ops.: 10315

8.98.670 Rules and regulations.

The board of public service is authorized and empowered to determine and prescribe just, reasonable, safe, adequate and proper regulations, practices, equipment and service to be in force, to be observed, and to be used in the operation of service cars, and to so fix and prescribe the same by order entered in its records, and to be served on each service car owner or operator by mailing a copy thereof to the owner or operator, or in such other manner as the board by its rules may prescribe; and thereafter it shall be the duty of every service car owner or operator to observe and obey the requirements of any order and do everything necessary or proper in order to secure compliance with and observance of every order by all of its officers, agents and employees. The board of public service is also authorized to prescribe its procedure and that of its officers in the administration of this chapter, the form of all applications and reports required in this part, and regulations as may be reasonably necessary to the uniform and orderly manner in which the privileges conferred by certificates of convenience and necessity shall be exercised by the holders thereof.
(Ord. 46399 20, 1953: 1960 C. 312.120.)

City Counselor Ops.: 8555

8.98.675 Stops and stands.

The board of public service is authorized and empowered to establish designated stops and stands for service cars, and to issue permits therefor.
(Ord. 46399 23, 1953: 1960 C. 310.030.)

City Counselor Ops.: 10315

8.98.680 Taking on and discharging passengers.

For the purpose of taking on and discharging passengers, a service car shall stop at the far corner of all intersections, and while so stopped shall keep as close to the right-hand curb as practicable, and shall take on and discharge passengers as quickly as possible, so as not to unreasonably interfere with traffic.
(Ord. 46399 24, 1953: 1960 C. 310.040.)

City Counselor Ops.: 10315

8.98.685 Penalty for violation.

Any person who violates or fails to comply with, or who permits or causes any person in his or its employ to violate or fail to comply with any of the provisions of this part, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than twenty-five dollars nor more than five hundred dollars.
(Ord. 46399 27 (part), 1953.)

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