Appendix 7605. Driver permit required.

(a)

It is unlawful for any person who constitutes a "driver", as defined in section 7601 of this chapter, to drive a taxicab for hire, unless he or she obtains a driver permit from the city.

(b)

An applicant for a driver permit shall pay the appropriate fee established by resolution of the city council, and complete an application form which shall contain the following information:

(1)

Applicant's full name, address and age;

(2)

A listing of all equivalent permits which have been issued to the applicant by any other governmental agency;

(3)

Applicant's height, weight, sex, and color of eyes and hair;

(4)

The number, class and expiration date of applicant's California driver's license; any restrictions thereon, if any; and whether any license of applicant has been revoked, refused or suspended, the reasons therefore, and the disposition of such matters;

(5)

All criminal convictions other than minor traffic violations, including dates of conviction and the court where the conviction was rendered;

(6)

Authorization for the city, its agents or employees to seek information and conduct an investigation into the qualifications of the applicant;

(7)

The name of the registered owner of the taxicab;

(8)

The driver's taxicab operator (i.e., employer);

(9)

A copy of the operator permit under which the driver is authorized to drive a taxicab in the city.

(c)

At the time the application is submitted, the applicant shall pay the driver permit fee as established by resolution of the city council. No driver permit application shall be processed without the payment of such fee.

(d)

Applications for a driver permit shall be used for the purposes of conducting a local criminal background check. The city shall conduct a criminal background check, which shall include fingerprinting of the applicant. A recommendation for denial by the director may be based only on the applicant's conviction of an offense enumerated in section 7616 of this Code or the applicant's failure to complete the mandatory controlled substance and alcohol testing certification program pursuant to subsection (i) of this section.

(e)

In the event of a recommendation for denial of an application for a driver permit, the applicant may, within ten (10) days of notification of such recommendation, apply for a hearing and reconsideration of such recommendation in accordance with the procedures set forth in section 7617 of this Code.

(f)

A copy of the application along with the fingerprint card shall also be referred to the California Department of Justice for a general criminal background check. If the results of a general criminal background check indicate that the applicant has been convicted of any criminal charges enumerated in section 7616 of this Code, the director may revoke any driver permit.

(g)

An applicant eighteen (18) years of age or older holding a valid California driver's license is entitled to a driver permit provided that the following conditions are satisfied:

(1)

The city conducting the criminal background check recommends granting the driver permit; and

(2)

The applicant successfully completes any driver certification requirements established by the director, including, but not limited to, a mandatory controlled substance and alcohol testing certification program.

(h)

Applicant shall complete the city's mandatory controlled substance and alcohol testing certification program, which shall include, at minimum, all of the following requirements:

(1)

Drivers shall test negative for each of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, before employment. Drivers shall continue to test negative for these controlled substances and for alcohol as a condition of permit issuance. As used in this section, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent.

(2)

Procedures shall be substantially as in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, except that the driver shall show a valid California driver's license at the time and place of testing. Requirements for rehabilitation and for return-to-duty and follow-up testing and other requirements, except as provided otherwise in this section, shall be substantially as in Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations.

(3)

A test in another jurisdiction shall be accepted as meeting the city's testing requirement so long as said jurisdiction's test meets the requirements of subsection (i) of this section. Any negative test result shall be accepted for one (1) year from the date of the test result as meeting a requirement for permit testing, if the driver has not tested positive subsequent to a negative result. However, an earlier negative result shall not be accepted as meeting the pre-employment testing requirement for any subsequent employment.

(4)

In the case of a self-employed independent driver, the test results shall be reported directly to the city, which shall notify the taxicab leasing company of record, if any, of positive results. In all other cases, the results shall be reported directly to the taxicab operator, who shall be required to notify the city of positive results.

(5)

All test results are confidential and shall not be released without the consent of the driver, except as authorized or required by law.

(6)

Self-employed independent drivers shall be responsible for compliance with, and shall pay all costs of, this program with regard to themselves. Operators shall be responsible for compliance with, and shall pay all costs of, this program with respect to their employees and potential employees, except that an operator may require employees who test positive to pay the costs of rehabilitation and of return-to-duty and follow-up testing.

(7)

Upon the request of a driver applying for a driver permit, the city shall give the driver a list of the consortia certified pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations that the city knows offer tests in or near the jurisdiction.

(8)

No evidence derived from a positive test result pursuant to the program shall be admissible in a criminal prosecution concerning unlawful possession, sale or distribution of controlled substances.

(i)

The driver permit shall be valid for a period of one (1) year from issuance unless suspended, revoked or surrendered earlier, and shall become void upon termination of employment at which time the driver shall return the driver permit to the city.

(Ord. No. 14-408, § 3, 5-14-14; Ord. No. 18-439, § 7, 11-14-18)