CHAPTER 52

TAXICABS, LIMOUSINES AND PRIVATE

LIVERY VEHICLES

ARTICLE I

LEGISLATIVE FINDINGS

§ 52.1* Statement of findings

It is hereby declare and found that the taxicab, private livery vehicle and limousine industry in the Village of Mineola is vested with a public interest as a vital and integral part of the transportation facilities of the village, and that is regulation is necessary to secure adequate and safe transportation for the inhabitants of the village and to prevent undue aggravation of the traffic and parking problems of the village.

ARTICLE II

DEFINITIONS AND EXEMPTIONS

§ 52.2 Terms defined

Unless otherwise expressly provided, the following words, for the purpose of this chapter, shall have the meanings herein indicated:

1. BASE - A legal place of business from which private livery cars are dispatched to operate.

2. BASE OWNER - Any person owning a base for the dispatch of private livery cars.

3. BUSINESS - One (1) or more acts of transporting a passenger or passengers for hire.

4. CRUISING - The driving of a taxicab upon the street, highways, avenues or public places located within the Village of Mineola for the purpose of soliciting or the plying of prospective passengers for hire.

5. DRIVER - Any person driving a taxicab, private livery car, private livery van or limousine for hire upon the streets,

*Section numbers changed by replacing hyphen with period to maintain code format; otherwise exactly as enacted by LL #16, 96; 12/18/96.

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§ 52.2 MUNICIPAL CODE

highways, avenues or public places located within the Village of Mineola.

6. LIMOUSINE - A chauffeured, oversized or full-sized luxury sedan seating not fewer than five (5) nor more than ten (10) persons, including the driver, used solely for hire in connection with funerals, weddings, amusement, sports and similar functions on a prior agreement, fixed-rate basis and licensed by the New York State Department of Motor Vehicles with a livery plate or other special designated plate. Such vehicle shall not be used as a taxicab. Such vehicle shall not be permitted to stand at any taxi stand designated by the Village of Mineola.

7. MINIBUS - A private livery van, as defined in this Article.

8. OPERATE - The picking up of a passenger for hire within the Village of Mineola, whether such passenger is discharged at a destination within the village of Mineola or without the Village of Mineola. Nothing in this chapter shall apply to abridge, limit or regulate the right of any person not licensed hereunder to convey passengers by taxicab, limousine or private livery van from points of origin outside the Village of Mineola to points of destination within the Village of Mineola.

9. OWNER - Any person owning one (1) or more taxicabs, limousines, private livery cars or private livery vans and driving or causing any such vehicle to be driven upon the streets, highways, avenues or public places located within the Village of Mineola for hire. "Owner" shall also include a purchaser under a reserve title contract, conditional sales agreement or vendor's lien agreement and the lessee of any such vehicle or vehicles.

10. PASSENGER - A person other than the driver who is an occupant of a taxicab, limousine, private livery car or private livery van, and, for the purpose of this chapter, such person or persons shall be presumed to be a passenger for hire.

11. PERSON - An individual, firm, partnership, unincorporated association, corporation or any other legal entity.

12. PRIVATE LIVERY CAR - An intermediate or full-sized sedan seating no fewer then five (5) nor more than six (6) persons, including the driver, which is dispatched by two-way radio and used for the transportation of passengers for compensation. Such vehicle shall not be operated as a limousine or a taxicab and shall

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TAXICABS, LIMOUSINES ETC. § 52.2.1

not be permitted to stand at any taxi stand designated by the Village of Mineola. A "private livery car" must be affiliated with a base which is licensed pursuant to this chapter.

13. PRIVATE LIVERY VAN - A motor vehicle which is manufactured and equipped in such a manner as to provide a seating capacity of not fewer than six (6) and not more than fifteen (15) passengers, not including the driver, which is used for the transportation of persons for compensation. Such vehicle shall not be permitted to stand at any taxi stand designated by the Village of Mineola.

14. SHAREHOLDER - The owner of any of a corporation's outstanding and issued shares, whether or not publicly traded.

15. TAXICAB - A motor vehicle other than a limousine or private livery car used in the business of carrying passengers for hire; having a seating capacity of not more than eight (8) persons, including the driver; not operated on a fixed route; and licensed by the New York State Department of Motor Vehicles with a license number that is designated by the Department of Motor Vehicles as a taxicab plate.

16. TAXI STAND - A public place alongside the curb of a street or elsewhere which has been so designated pursuant to § 52.35.

17. TERMINAL - A fixed base of operation of the owner of a taxicab or limousine.

18. VILLAGE - The Village of Mineola.

§ 52.2.1 Certain limousines exempt

The provisions of this chapter shall not apply to a limousine which is:

A. Used solely to transport persons for a motel, hotel or housing complex pursuant to contract.

B. Used under agreement with a club or provide regular transportation service for its members or guests.

C. Owned and operated by persons not primarily engaged in the business of transportation and who furnish their own drivers.

D. Operated at fares determined by zone or taximeter.

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§ 52.3 MUNICIPAL CODE

ARTICLE III

RATE ZONES

§ 52.3 Incorporated Village of Mineola

The Village Board may establish or modify rate zones within the village and fix or modify a schedule of rates for transportation by taxicabs from, to, within and between the various zones so established and for transportation service by the hour. Any such determination may be made by resolution adopted after a public hearing held by the Village Board on notice of not less than seven (7) days by publication in a newspaper of general circulation within the village.

ARTICLE IV

OWNER'S LICENSE

§ 52.5 Owner's license required

It shall be unlawful for any owner of any vehicle to permit the same to be operated as a taxicab, limousine, private livery car or private livery van upon the streets, highways, avenues or public places located within the Village of Mineola without having first obtained and having then in force an owner's license therefor as hereinafter provided. The fact that a vehicle is being operated as a taxicab, limousine, private livery car or private livery van shall be presumptive evidence that it is being operated by permission of the owner. All provisions of this Article which apply to taxicabs, limousines and private livery vans shall also apply to private livery cars. Each owner is strictly liable for the operation of the vehicle

§ 52.6 Date of issuance; duration

Every owner's license issued hereunder shall be issued as of the first day of August or subsequent date of issue and shall expire on the 31st day of July next succeeding such date, unless sooner revoked by the Taxi Commission. [Amd. LL #17, 2000, 1/19/2000.]

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TAXICABS, LIMOUSINES ETC. § 52.7

§ 52.7 Application

A. Every person applying for an owner's license shall file with the Village Clerk a written application upon forms to be furnished by the Taxi Commission, verified under oath, stating:

1. The name and address of the applicant, specifying, in the case of any unincorporated association, the names and addresses of each member thereof, and in the case of any corporation, the names and addresses of each officer, director and shareholder thereof.

2. A complete statement by the applicant, specifying the amounts of all unpaid judgments against the applicant and the nature of the transaction or acts giving rise to said judgments and the name and location of the court in which, and the date on which, each was entered.

3. All misdemeanors or felonies of which the applicant and any member thereof, if any unincorporated association, and any officer, director and shareholder thereof, if a corporation, has been convicted, stating the name and location of the court in which, and the date on which, such convictions were rendered and the sentence imposed therefor.

4. The experience in the transportation of passengers of the applicant and each member thereof if an unincorporated association and each officer, director and stockholder thereof if a corporation.

5. A statement by the applicant establishing that the public convenience and necessity require the granting of a license.

6. If such application shall contain a trade name under which the business is operated, a certified copy of the certificate thereof on file with the County Clerk.

7. The number of vehicles to be operated by the applicant and a description of each such vehicle, including the make, model, passenger seating capacity, year of manufacture, copies of a current New York State registration of a type which permits the use of the vehicle as a taxicab, limousine or private livery van, vehicle identification number and, if it has ever been in any accident, the date and nature of the accident and a description of the damage done to such vehicle.

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§ 52.7 MUNICIPAL CODE

8. The age and citizenship of the applicant and each member thereof if an unincorporated association and each officer, director and shareholder thereof if a corporation.

9. The location of any and all taxi stands proposed to be established by the applicant and terminals proposed to be used by the applicant.

10. In the case of a license for private livery cars, a certification of affiliation with a base which is licensed pursuant to this chapter.

11. Any other relevant information which the Village Clerk may require.

B. The applicant shall be fingerprinted under the direction and supervision of the Taxi Commission, including, where required by the Taxi Commission, all members (including all dispatchers employed by the company), directors and shareholders. The prevailing fee, as determined by the New York State Division of Criminal Justice, for the processing of said fingerprints shall be charged and collected by the Nassau County Police Department at the time the fingerprints are taken. The requirements of this subsection may be waived at the discretion of the Taxi commission upon the sowing of facts warranting the waiving thereof.

§ 52.8 Investigation required

Upon the receipt of any application for an owner's license, the Taxi Commission shall refer the same to the New York State Division of Criminal Justice for such investigation and report as it shall deem necessary or desirable.

§ 52.9 Issuance

A. If the Taxi Commission shall find that further taxicab, limousine or private livery van service in the village, and particularly in the area in which the applicant proposes to operate, is required by and will serve the public convenience and necessity, the Taxi Commission, upon certification of each vehicle proposed to be operated by the applicant pursuant to § 52.11, shall issue a vehicle license which shall state the number of the license assigned to each owner. The Taxi Commission shall issue, for each vehicle licensed as a taxicab, a license card bearing the words "licensed taxicab", an assigned number and the date of expiration

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TAXICABS, LIMOUSINES ETC. § 52.11

of such license, together with a license medallion, bearing a like number and the words "licensed taxicab" which shall be affixed to the vehicle by the Taxi Commission.

B. Before making any finding as to whether public convenience and necessity justify the issuance of an owner's license, the Taxi Commission shall cause to be published in a newspaper of general circulation in the Village of Mineola a notice stating that an application has been made for the licensing of a vehicle or vehicles as taxicabs, limousines or private livery vans, the number of vehicles for which such application has been made and a statement that written comments as to whether public convenience and necessity require the licensing of such vehicles may be filed with the Village of Mineola on or before the date fixed therein, which date must be not less than eight (8) days after the date of such publication. Any comments so filed must be considered by the Taxi Commission in making its findings as to public convenience and necessity.

§ 52.10 Considerations determining issuance

In making the findings required by § 52.9 with respect to public convenience and necessity, the Taxi Commission shall take into consideration the number of taxicabs, limousines or private livery vans, as the case may be, already in operation in the village, particularly in the area in which the applicant proposes to locate his stands and terminals; whether existing transportation is adequate to meet the public need; the probable effect of additional taxicabs, limousines or private livery vans on local traffic conditions; the qualifications, character, experience and responsibility of the applicant; and the adequacy of the service which the applicant proposes to give.

§ 52.11 Condition of vehicles; inspection

A. Each vehicle operated upon the street of the village as a taxicab, limousine or private livery van shall be kept clean, sanitary, fit and of good appearance and in a safe condition for the transportation of passengers.

B. The Taxi Commission may establish reasonable rules and regulations for the inspection of taxicabs, limousines or private livery vans operated upon the streets of the village including, but

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§ 52.11 MUNICIPAL CODE

not limited to, inspections performed at any time under the direction and supervision of or by an official of the Village of Mineola.

C. If, following an inspection conducted as described in § 52.11B, the inspector shall determine that said vehicle requires an additional New York State motor vehicle inspection, the owner will, within five (5) days of the date of such determination by the inspector, be required to submit a certificate of inspection from an authorized state inspection station that the vehicle meets state safety requirements.

D. Before a license may be issued for a taxicabs, limousines or private livery van, the applicant shall submit a certificate showing that the motor vehicle has been inspected and approved by the New York State Department of Motor Vehicles.

E. In addition to the requirements of § 52.11C, where the applicant is a corporation which commingles taxicabs, limousines or private livery vans and minibuses or where the applicant makes application to operate only private livery vans int he Village of Mineola, the applicant shall submit a certificate showing that each private livery van has been inspected and approved by New York State Department of Motor Vehicles.

§ 52.12 Application for supplementary owner's license

A. Every owner licensed under this Article who shall desire to add to or substitute the number of taxicabs, limousines or private livery vans he is then operating, regardless of whether such additional or substitute vehicles are currently or have been licensed by the Village of Mineola shall file with the Taxi Commission a written application, under oath stating:

1. The name and address of the applicant.

2. The applicant's owner's license number.

3. In the case of an addition, any facts which the applicant believes tend to prove that the public convenience and necessity require such addition.

4. A description of each such additional or substitute vehicle, including the make, model, passenger seating capacity, year of manufacture, copies of a current New York State registration of a

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TAXICABS, LIMOUSINES ETC. § 52.15

type which permits the use of the vehicle as a taxicab, limousine or private livery van, vehicle identification number and, if it has ever been involved in any accident, the date and nature of the accident and a description of the damage done to such vehicle.

B. In the case of an addition, the Taxi Commission shall process such application in accordance with the requirements of § 52.9. In the case of a substitution, the Taxi Commission shall issue such license upon fulfillment of the requirements of § 52.11.

§ 52.13 Additional determinations

The Taxi Commission may, in its discretion, before the issuance of a license under this Article, require the applicant and any other person having knowledge of the facts to submit to an examination under oath and to produce evidence relating thereto or hold a hearing upon such application as hereinafter provided with respect to any information or data relevant to the application. The costs of such examination or hearing shall be paid by the applicant.

§ 52.14 Renewal

A. Prior to the expiration date thereof, any license issued under this Article may be renewed for an additional period of one (1) year from the date of expiration upon the filing of an application containing all the information required by § 52.7, except the requirements of § 52.7A(4),(5),(6) and (9), and the renewal license shall be issued by the Taxi Commission in accordance with the provisions of §§ 52.9, 52.10, 52.11 and 52.15.

B. Any license not renewed prior to the expiration date thereof shall be deemed expired and null and void, except for good cause shown. The Taxi Commission may accept renewal applications within thirty (30) days after the expiration date thereof.

§ 52.15 Liability insurance

Each applicant shall, before the issuance to him of a license under this chapter or any renewal thereof, file with the Taxi Commission a certificate of insurance that the applicant and each motor vehicle is insured against public liability in at least the minimum limits required by the laws of the State of New York for personal injury and property damage, which insurance shall be maintained in force during the period covered by the license. Such

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§ 52.15 MUNICIPAL CODE

certificate and insurance policy shall provide that the Village of Mineola shall be given thirty (30) days' prior written notice of cancellation. Such policy shall not be canceled or suspended either by the insured or the insurer unless at least thirty (30) days' notice, in writing, of the intention to cancel or suspend such policy has been filed with the Taxi Commission, and, upon suspension or cancellation of insurance, the license of said operator shall stand suspended until such time as an acceptable policy or certification of insurance shall be on file with the Taxi Commission.

§ 52.16 Transferability

The owner's license issued hereunder shall not be transferable. Additionally, no transfer of stock within a corporation or no change in partners in a partnership may take place without disclosure to the Taxi Commission and approval of the business changes. [Amd. LL #18, 2000, 1/19/2000.]

§ 52.17 Registration of terminal location

The owner of more than one (1) taxicab, limousine or private livery van licensed by the Village of Mineola shall have a terminal within the Village of Mineola for the off-street parking of such vehicles when not actively in operation. That terminal shall be registered by the owner with the Taxi Commission, and the owner shall notify the Taxi Commission of any change in terminal. Such terminal shall be of sufficient size to accommodate all taxicabs, limousines or private livery vans assigned to such terminal. In the case of private livery cars, a required terminal may be the base with which the cars are affiliated and from which they are dispatched, provided that the requirements of this section are otherwise met.

ARTICLE IV*

BASE OWNER'S LICENSE

§ 52.17.1 Base owner's license required

It shall be unlawful for any person to own or operate a base without having first obtained and having then in force a base owner's license therefor, as hereinafter provided.

*So in original, 2d Article so numbered.

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TAXICABS, LIMOUSINES ETC. § 52.17.6

§ 52.17.2 Date of issuance; duration

Every base owner's license issued hereunder shall be issued as of the 31st* day of August or subsequent date of issue and shall expire on the 31st day of July next succeeding unless sooner revoked by the Taxi Commission. [Amd. LL #19, 2000, 1/19/2000.]

§ 52.17.3 Application

A. Every person applying for a base owner's license shall file with the Taxi Commission a written application in accordance with the requirement of § 52.7 for an owner's license and containing all information as required by that section other than such information as shall be deemed unnecessary by the Taxi Commission. The information shall include the location of the proposed base.

B. The applicant for a base owner's license shall also provide to the Taxi Commission the name and address of each owner of a private livery car with which the base is or proposes to become affiliated. A base may not be affiliated with or dispatch a private livery car to operate within the village unless such private livery car is licensed pursuant to this chapter.

§ 52.17.4 Investigation

The Taxi Commission shall investigate an application for a base owner's license as provided in Article IV hereof for an owner's license; however, the procedure and findings required by § 52.9 for an owner's license shall not apply to a base owner's license.

§ 52.17.5 Renewal; transfer

The provisions of Article IV with respect to the renewal and transfer of an owner's license shall apply to a base owner's license.

§ 52.17.6 Updating of affiliations

The holder of a base owner's license shall apply to the Taxi Commission if it wishes to become affiliated with an additional private livery car(s) and shall provide all information as required by § 52.17.3. If an affiliation with a private livery car termination, the base owner shall provide notice to the Taxi Commission of such termination within thirty (30) days.

*So in original.

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§ 52.17.7 MUNICIPAL CODE

§ 52.17.7 Dispatching restricted

Upon receipt of a license pursuant to this Article, no base owner shall dispatch a private livery car to operate unless the private livery car is listed with the Taxi Commission as affiliated with the base and unless the private livery car and the driver of it are properly licensed under this chapter.

ARTICLE V

DRIVER'S LICENSE

§ 52.18 Driver's license required

A. No person shall operate any taxicab, limousine, private livery car or private livery van upon the public highways of the village without having first obtained and having then in force a New York State driver's license of a proper class (chauffeur's license) and a Village of Mineola driver's license issued as hereinafter provided.

B. It shall be unlawful for any person to operate a taxicab, limousine, private livery car or private livery van on the streets, highways, avenues or public places of the Village of Mineola unless such taxicab, limousine, private livery car or private livery van shall be duly licensed as herein provided.

§ 52.19 Date of issuance; duration

Every driver's license issued under this Article shall be issued as of the first day of February* or subsequent date of issue and shall expire on the 31st day of December next succeeding unless sooner revoked by the Taxi Commission.** [Amd. LL #20, 2000, 1/19/2000.]

§ 52.20 Application

Every applicant for a driver's license shall file an application with the Taxi Commission, in writing, upon forms to be furnished by the Taxi Commission and verified under oath, and such application shall state:

A. The name, address and age of the applicant.

*So in original.

**See §§ 52.33, 52.34.

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TAXICABS, LIMOUSINES ETC. § 52.21

B. A full description of the applicant, including his height, weight, color of eyes and hair, any scars or marks and the nature of any physical infirmity from which he may suffer.

C. Recommendation by two (2) residents of Nassau County, not related to the applicant who have known the applicant for a period of one (1) year or more and who will vouch for the applicant's sobriety, honesty and general good character.

D. The citizenship of the applicant.

E. All violations of any traffic law, local law, ordinance or regulation of which the applicant has been convicted within eighteen (18) months prior to the date of the application, and all crimes of which the applicant has ever been convicted, stating the name and location of the court in which and the date on which each such conviction was rendered and the sentence imposed therefor.

F. The number and date of issuance of the applicant's New York State driver's license of a proper class.

G. Whether or not any driver's license of any class held by the applicant has ever been revoked or suspended by the State of New York or any other state and, if so, by what court or other authority, on what date and for what cause and, if suspended, the period of such suspension.

H. The names and addresses of the applicant's employers during the last ten (10) years prior to his application.

I. Any other relevant information which the Taxi Commission may

require.

§ 52.21 Additional requirements

A. Every applicant for a driver's license, at the time of submitting his application, shall:

1. Submit three (3) individual photographs of the applicant taken within thirty (30) days prior to the date of the application, one and one-half by one and one-half (1 1/2 x 1 1/2) inches in size, and such pictures must be a true likeness of the applicant and must show only neck, shoulders and uncovered head.