It shall be unlawful for any person to operate a taxicab upon and over the streets of the town without first having applied for and secured from the board of commissioners a certificate of convenience and necessity as set forth in this article.
(Code 1974, § 18-2)
Every person desiring to operate a taxicab upon and over the streets of the town shall file, on forms supplied by the town clerk, an application for a certificate of convenience and necessity.
(Code 1974, § 18-3)
In determining whether the public convenience and necessity require the franchising of taxicabs for which application has been made, the board of commissioners shall, among other things, take into consideration the following factors:
Whether or not the public convenience and necessity require such proposed or additional taxicab service within the town.
The financial responsibility of the applicant and the likelihood of the proposed service being permanent, responsible and satisfactory.
The number and condition of equipment.
The schedule of proposed rates, if required by the town board, to be charged.
The number of taxicabs in operation at the time of application, the demand for increased service, if any, whether or not the safe use of the streets by the public, both vehicular and pedestrian, will be preserved, and whether or not adequate provision has been made for offstreet parking of such taxicabs.
The experience of the applicant in the taxicab business.
Such other relative facts as may be deemed necessary and advisable.
Before making any decision with respect to the issuance of a certificate of convenience and necessity, the board of commissioners, or a committee thereof, shall make a full and complete investigation of all facts, if it so desires, subpoena witnesses and utilize the services of the chief of police or any other officer or employee of the town.
(Code 1974, § 18-6)
The burden of proof shall be upon the applicant to establish the existence of public convenience and necessity for the operation of the taxicabs specified in his application and all other facts required for the granting of a certificate.
(Code 1974, § 18-7)
Each application for a certificate of convenience and necessity shall be scheduled for a hearing not later than 30 days after the application is filed, and the applicant shall be notified by the town clerk, by mail to the business address set forth in the application, of the date and time of such hearing, such notification to be sent at least ten days before the date set for the hearing. The town clerk shall also, within such time, notify all persons who at the time hold certificates of convenience and necessity for the operation of taxicabs within the town of the date and time of such hearing and the name of the applicant. In addition, the board of commissioners shall have the power to have published at least once, in a newspaper of general circulation, at least ten days before the hearing, a notice setting forth the name of the applicant and the date and time of the hearing. The cost of such publication shall be paid by the applicant.
(Code 1974, § 18-9)
The board of commissioners shall have power and it shall be its duty to order certain certificates of convenience and necessity issued or refuse to issue certain certificates or to issue certificates for partial exercise of the rights granted by such certificates, under such terms and conditions as in their judgment the public convenience and necessity may require.
(Code 1974, § 18-4)
A certificate of convenience and necessity shall constitute a franchise from the town for the operation of taxicabs within the town, subject to the provisions of this article, for one year, unless a shorter period of time is specified in the certificate. Applications for renewal shall be filed annually and hearings conducted as provided in this article.
(Code 1974, § 18-5)
If a certificate is granted to an applicant and such applicant shall fail, in accordance with the provisions of the certificate, to begin operations within 60 days after the date of such certificate, such certificate shall become null and void, and no refund of any amount paid by the applicant will be made by the town.
(Code 1974, § 18-8)
A certificate of convenience and necessity is not transferable without the consent and approval of the board of commissioners. Applications for a permit to transfer shall be filed in the same manner as an application for a certificate of convenience and necessity. The proceedings upon such application for a transfer shall be the same as those prescribed for the issuance of a certificate, except that the question of public convenience and necessity need not be proved. No certificate will be issued to any applicant unless such applicant is the holder in due course and for value of the title to such taxicab, and only the holder of such certificate shall be permitted to operate such taxicab. Such applicant shall not be allowed to engage the services of any person to operate his taxicab for him or in his stead at any time.
(Code 1974, § 18-10)
The board of commissioners may, at any time after a public hearing, revoke any certificate of convenience and necessity issued by authority of this article for any of the following causes:
Failure to operate the taxicab specified in the certificate in such manner as to serve the public adequately and efficiently.
Failure to maintain motor equipment in good repair.
Failure to carry liability insurance or bond as required by law.
Failure to pay to the town the applicable license fees for such business or other taxes owed the city.
Repeated and persistent violation by the taxicab drivers of town traffic and safety laws or ordinances or state laws relating to alcoholic beverages or prostitution.
Failure to report accidents.
Willful failure to comply with any provision of this article, other provisions of this Code, or other ordinances or state laws relating to the operation of taxicabs. No certificate shall be revoked until the owner has had at least five days' notice by personal service or registered mail of the charges against him and of the time and place of the hearing. If, after the hearing, it is found that the owner is guilty of one or more of the offenses listed in this section, the board shall have the power to revoke the certificate or to condition continuance of the certificate upon compliance of its order within any time fixed by it.
(Code 1974, § 18-11)
The person to whom a certificate of convenience and necessity has been issued may, by proper endorsement thereon by the town clerk, substitute another vehicle for the vehicle for which such certificate was granted. In such instance, the liability insurance or bond shall also be transferred to such substitute vehicle.
(Code 1974, § 18-12)
The board of commissioners reserves the right to issue only one certificate of convenience and necessity to any one person.
(Code 1974, § 18-13)
Purpose. In order to protect the citizens of the town and their properties, the procedures herein are established to provide for fingerprinting and criminal history checks on all final applicants for regular full-time and part-time positions in the town government, taxi services or pawn shops. Subject to subsection (b)(2), employment with the town, or licenses for taxi services or pawn shops may be denied for those persons convicted of any crime against a person or crimes against property where intent is an element or any drug or gambling related offense.
Responsible person. The chief of police, or designee, may conduct an investigation of any final candidate for a permanent full-time or part-time position with the town government, a taxi service or a pawn shop. It shall be a precondition of employment or licensing for a taxi service or pawn shop that an applicant for such a position or license shall, upon request, provide fingerprints and all other necessary personal identification including a birth certificate, social security number and driver's license, if available, so that the chief of police or designee may cause a thorough search to be made of local and state criminal records to determine if the applicant has a history of criminal convictions or the crimes enumerated above by use if the division of criminal information network (DCI).
Findings from the use of DCI shall be provided to the chief of police or designee provided that all necessary agreements with the State Bureau of Investigations Division of Criminal Information have been executed.
An evaluation of any crime for purposes of employment or licensing for a taxi service or pawn shop will take into account the nature and circumstances of the offense as it relates to the essential job functions of the position or license applied for.
Prior to denial or termination of employment or license based upon criminal history record information (CHRI) received from the State Bureau of Investigation Division of Criminal Information (DCI), the chief of police shall verify existence of a CHRI record by either obtaining a certified public record or by submitting a fingerprint card of the individual to the criminal information and investigation section for verification that the CHRI record belongs to the individual. Taxi services are required to submit fingerprints and a national records check be performed for this purpose.
(Ord. of 11-2-2009, §§ 1, 2)
(45) State Law reference— Certificate of convenience and necessity, G.S. 20-87. (Back)