HomeMy WebLinkAboutItem 10 - Introduce an Ordinance amending Chapter 5.20 (Taxicabs) of the Municipal Code
Department Name: Police
Cost Center: 8001
For Agenda of: January 21, 2020
Placement: Consent
Estimated Time: N/A
FROM: Deanna Cantrell, Chief of Police
Prepared By: Brian Amoroso, Operations Captain
SUBJECT: INTRODUCE AN ORDINANCE AMENDING CHAPTER 5.20 (TAXICABS)
OF THE SAN LUIS OBISPO MUNICIPAL CODE
RECOMMENDATION
Introduce an Ordinance amending Chapter 5.20 of the San Luis Obispo Municipal Code
(Attachment A) to comply with new provisions set forth by the California State Legislature in
Assembly Bill 939.
DISCUSSION
California Assembly Bill 939 was enacted by the State Legislature on September 18, 2018,
which amended Sections 53075.5, 53075.51 and 53075.52 of the Government Code. These
sections govern the obligations of a City related to taxicab companies and local regulation.
As a result of this Assembly Bill, section 5.20 of the City of San Luis Obispo Municipal Code
requires an amendment to comply with the provisions of the amended Government Code,
Section 53075.5.
The following changes to section 5.20 of the City of San Luis Obispo Municipal Code are
recommended in order to comply with Assembly Bill 939. Suggested changes are bolded, with
deletions in strikethrough. Text in italics is provided for reference.
Amend Section 5.20.200 Operating Regulations to read as follows:
A. A permitted taxicab company shall comply will the requirements set forth in
Government Code Section 53075.5(h)(1-9)
For reference, Government Code 53075.5:
(h) A permitted taxicab company shall do all of the following:
(1) Maintain reasonable financial responsibility to conduct taxicab transportation
services in accordance with the requirements of an ordinance adopted pursuant
to subdivision (a).
(2) Participate in the pull-notice program pursuant to Section 1808.1 of the Vehicle
Code to regularly check the driving records of all taxicab drivers, whether
employees or contractors.
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(3) Maintain a safety education and training program in effect for all taxicab drivers,
whether employees or contractors.
(4) Maintain a disabled access education and training program to instruct its taxicab
drivers on compliance with the federal Americans with Disabilities Act of 1990
(42 U.S.C. Sec. 12101 et seq.) and amendments thereto, and state disability rights
laws, including making clear that it is illegal to decline to serve a person with a
disability or who has a service animal.
(5) Maintain its motor vehicles used in taxicab transportation services in a safe
operating condition, and in compliance with the Vehicle Code, subject to annual
inspection by the city or county in which it is substantially located, at a facility
that is certified by the National Institute for Automotive Service Excellence or a
facility registered with the Bureau of Automotive Repair.
(6) Provide the city or county that has issued a permit under this article an address of
an office or terminal where documents supporting the factual matters specified in
the showing required by this subdivision may be inspected by the permitting city
or county.
(7) Provide for a taxicab driver fingerprint-based criminal history check and a drug
and alcohol testing program pursuant to paragraph (3) of subdivision (b).
(8) Comply with all provisions of an ordinance adopted pursuant to subdivision (a).
(9) Provide documentation and trip data in the format required by an ordinance
adopted pursuant to subdivision (a) substantiating that the total number of
prearranged and non-prearranged trips that originate within that city’s or
county’s jurisdiction account for the largest share of the taxicab company’s total
number of trips over the applicable time period described in clause (ii) of
subparagraph (A) or subclause (II) of clause (ii) of subparagraph (B) of
paragraph (5) of subdivision (k).
B. (1) It shall be unlawful to operate a taxicab without a valid permit to operate
issued by the City of San Luis Obispo where the taxicab company is
substantially located within the City of San Luis Obispo.
(2) The minimum fine for violation of paragraph (1) shall be five thousand dollars
($5,000) and may be imposed administratively by the City of San Luis Obispo.
C. A Any driver employed to transport passengers to a definite point shall take the most
direct route possible that will carry his or her passenger to his or her destination saf ely and
expeditiously.
D. No driver of any licensed taxicab shall prejudice, disadvantage, or require
different rates or provide different service to a person because of race, national origin,
religion, color, ancestry, physical disability, medical condition, occupation, marital
status or change in marital status, sex or any characteristic listed or defined in
Government Code Section 11135.
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E. B. No driver of any licensed taxicab shall refuse any person prompt taxi service in the
city at any time while such taxicab is on the public streets ready for service, unless taxicab
is already engaged in the carrying of one or more passengers or is en -route to answer a call
for taxicab service; provided further, that nothing in this subsection shall require any owner
or driver to furnish taxicab service to any person under the influence of intoxicating liquor
or narcotics, or to any person who is insane or who is a known criminal.
F. C. Every driver, upon request, shall give a correct receipt for the amount of paym ent
received.
G. D. No driver of any taxicab shall accept, take into his or her vehicle or transport any
larger number of passengers than the rates covering the seating capacity of his or her
vehicle.
H. E. No driver shall permit any taxicab to remain standing in any established taxicab
stand, unless the cab is attended by a driver or operator, except when assisting passengers
to load or unload, or when answering the telephone.
I. F. No driver shall carry any passenger other than paying passengers or persons
authorized by or on company business.
J. G. Every driver shall at all times display his or her driver’s permit and picture in a
conspicuous place in the taxicab which he or she is operating.
K. H. Any violation of the provisions of this section shall be cause for the revocation of
the permit of the driver guilty of such violation. (Prior code § 6240.18)
Amend Section 5.20.250 Return of Driver’s permit upon termination of employment to read as
follows:
The driver employer shall notify the chief of police of his or her the driver’s termination
of employment with the listed employer and shall return the driver’s permit to the chief of
police. The driver’s permit shall become null and void upon the driver’s termination of
employment. (Ord. 1298 § 1, 1996)
Amend Section 5.20.280 Taximeter – Required to read as follows:
All taxicabs operated under the authority of this chapter shall, within thirty days after
written notice by the city, be equipped with meters fastened in front of the passengers,
visible to them at all times of the day or night; and after sundown the face of the meter shall
be illuminated, the accuracy of meters to be installed shall be tested, approved and sealed
by the county department of weights and measures at all points and connections which, if
manipulated, would affect their correct reading and recording. The taxi company may use
any type of device or technology reviewed by the Division of Measurement Standards
to calculate fares, including using Global Positioning System metering, provided that
the device or technology complies with Business and Professions Code Section 12500.5
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and with regulations established pursuant to Business and Professions Code Section
12107. Each meter shall have a flag or approved device to denote when the vehicle is
employed and when it is not employed and it shall be the duty of the driver to throw the
flag or device into a recording position when employed and into a nonrecording position at
the termination of each trip. The meter shall be subject to inspection from time to time and
upon discovery of any inaccuracies therein, the taxi shall be kept off the highway until the
meter is repaired or replaced. (Prior code § 6240.28)
Policy Context
California Assembly Bill 939 was enacted by the State Legislature on September 18, 2018,
which amended Sections 53075.5, 53075.51 and 53075.52 of the Government Code. These
sections govern the obligations of a City related to taxicab companies and local regulation.
Assembly Bill 939 (Attachment B)
California Government Code 53075.5 (Attachment C)
California Government Code 53075.51 (Attachment D)
California Government Code 53075.52 (Attachment E)
Current San Luis Obispo Municipal Code Section 5.20 (Attachment F)
Public Engagement
The proposed amendment is required to comply with Assembly Bill 939 which was a publicly
debated and adopted statewide bill. This is an administrative item, so no outside public
engagement was completed. Public comment can be provided to the City Council through
written correspondence prior to the meeting and through public testimony at the meeting.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
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FISCAL IMPACT
Budgeted: No Budget Year:
Funding Identified: N/A
Fiscal Analysis:
Funding Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund N/A
State
Federal
Fees
Other:
Total
The changes required by Assembly Bill 939 require the taxicab companies comply with the
ordinance. The only fiscal impact to the City would be in the form of staff time processing a
violation to the ordinance which can be accommodated within current budgetary allocations.
ALTERNATIVES
Council could choose to not accept these amendments to the Municipal Code, however these
changes are codified and required by law.
Attachments:
a - Draft Ordinance
b - Assembly Bill 939
c - Government Code 53075.5
d - Government Code 53075.51
e - Government Code 53075.52
f - COUNCIL READING FILE - San Luis Obispo Municipal Code 5.20 - Taxicabs
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O ______
ORDINANCE NO. _____ (2020 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING MUNICIPAL CODE TITLE 5.20
REGARDING TAXICABS
WHEREAS, the California Legislature issued an update to California Government Code
53075.5 pertaining to taxicab transportation service, driver's permit, drug testing, local ordinances,
and regulations; and
WHEREAS, the update to the California Government Code 533075.5 went into effect on
January 1, 2019; and
WHEREAS, the City of San Luis Obispo amends its Municipal Code Title 5.20 pertaining
to taxicabs to comply with California Government Code 53075.5’s legislative update.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Section 5.20.200 of the San Luis Obispo Municipal Code, entitled Operating
regulations, is hereby amended to read as follows:
5.20.200 Operating regulations
A. A permitted taxicab company shall comply with the requirements set forth in
Government Code Section 53075.5(h)(1-9)
B. (1) It shall be unlawful to operate a taxicab without a valid permit to operate issued by
the City of San Luis Obispo where the taxicab company is substantially located within the
City of San Luis Obispo.
(2) The minimum fine for violation of paragraph (1) shall be five thousand dollars
($5,000) and may be imposed administratively by the City of San Luis Obispo.
C. Any driver employed to transport passengers to a definite point shall take the most
direct route possible that will carry his or her passenger to his or her destination safely and
expeditiously.
D. No driver of any licensed taxicab shall prejudice, disadvantage, or require different
rates or provide different service to a person because of race, national origin, religion, color,
ancestry, physical disability, medical condition, occupation, marital status or change in
marital status, sex or any characteristic listed or defined in Government Code Section
11135.
E. No driver of any licensed taxicab shall refuse any person prompt taxi service in the city
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Ordinance No. _____ (2020 Series) Page 2
O ______
at any time while such taxicab is on the public str eets ready for service, unless taxicab is
already engaged in the carrying of one or more passengers or is en route to answer a call
for taxicab service; provided further, that nothing in this subsection shall require any owner
or driver to furnish taxicab service to any person under the influence of intoxicating liquor
or narcotics, or to any person who is insane or who is a known criminal.
F. Every driver, upon request, shall give a correct receipt for the amount of payment
received.
G. No driver of any taxicab shall accept, take into his or her vehicle or transport any larger
number of passengers than the rates covering the seating capacity of his or her vehicle.
H. No driver shall permit any taxicab to remain standing in any established taxicab stand,
unless the cab is attended by a driver or operator, except when assisting passengers to load
or unload, or when answering the telephone.
I. No driver shall carry any passenger other than paying passengers or persons authorized
by or on company business.
J. Every driver shall at all times display his or her driver’s permit and picture in a
conspicuous place in the taxicab which he or she is operating.
K. Any violation of the provisions of this section shall be cause for the revocation of the
permit of the driver guilty of such violation. (Prior code § 6240.18)
SECTION 2. Section 5.20.250 of the San Luis Obispo Municipal Code, entitled Return
of driver’s permit upon termination of employment, is hereby amended to read as follows:
5.20.250 Return of driver’s permit upon termination of employment.
The driver employer shall notify the chief of police of his or her the driver’s termination of
employment with the listed employer and shall return the driver’s permit to the chief of
police. The driver’s permit shall become null and void upon the driver’s termination of
employment. (Ord. 1298 § 1, 1996)
SECTION 3. Section 5.20.280 of the San Luis Obispo Municipal Code, entitled
Taximeter - Required, is hereby amended to read as follows:
5.20.280 Taximeter – Required
All taxicabs operated under the authority of this chapter shall, within thirty days after
written notice by the city, be equipped with meters fastened in front of the passengers,
visible to them at all times of the day or night; and after sundown the face of the meter
shall be illuminated, the accuracy of meters to be installed shall be tested, approved and
sealed by the county department of weights and measures at all points and connections
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Ordinance No. _____ (2020 Series) Page 3
O ______
which, if manipulated, would affect their correct reading and recording. The taxi company
may use any type of device or technology reviewed by the Division of Measurement
Standards to calculate fares, including using Global Positioning System metering, provided
that the device or technology complies with Business and Professions Code Section
12500.5 and with regulations established pursuant to Business and Professions Code
Section 12107. Each meter shall have a flag or approved device to denote when the vehicle
is employed and when it is not employed and it shall be the duty of the driver to throw the
flag or device into a recording position when employed and into a nonrecording position
at the termination of each trip. The meter shall be subject to inspection from time to time
and upon discovery of any inaccuracies therein, the taxi shall be kept off the highway until
the meter is repaired or replaced. (Prior code § 6240.28)
SECTION 4. Severability. If any subdivision, paragraph, sentence, clause, or phrase of
this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the
remaining portions of this ordinance, or any other provisions of the City’s rules and regulations.
It is the City’s express intent that each remaining portion would have been adopted irrespective of
the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared
invalid or unenforceable.
SECTION 5. A summary of this ordinance, together with the names of Council members
voting for and against, shall be published at least five (5) days prior to its final passage, in The
New Times, a newspaper published and circulated in this City. This ordinance shall go into effect
at the expiration of thirty (30) days after its final passage.
INTRODUCED on the ____ day of ____, 2020, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ____, 2020, on the following vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
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Ordinance No. _____ (2020 Series) Page 4
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_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, 2020.
______________________________
Teresa Purrington
City Clerk
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1/13/2020 Bill Text - AB-939 Local government: taxicab transportation services.
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB939 1/6
SHARE THIS:Date Published: 09/18/2018 09:00 PM
AB-939 Local government: taxicab transportation services.(2017-2018)
Assembly Bill No. 939
CHAPTER 472
An act to amend Sections 53075.5, 53075.51, and 53075.52 of the Government Code, relating to local
government.
[ Approved by Governor September 18, 2018. Filed with Secretary of State
September 18, 2018. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 939, Low. Local government: taxicab transportation services.
(1) Existing law, commencing on January 1, 2019, requires every city or county in which a taxicab is
substantially located to adopt an ordinance or resolution in regard to taxicab transportation service and requires
each city or county to provide for a policy for entry into the business of providing taxicab transportation service,
the establishment or registration of rates for the provision of taxicab transportation service, and a mandatory
controlled substance and alcohol testing certification program for drivers. Existing law similarly authorizes the
City and County of San Francisco, regardless of whether or not a taxicab company is substantially located within
that city and county. Existing law prohibits a city or county from requiring a taxicab company or driver to comply
with specified local regulations, unless that taxicab company or driver is substantially located within that city or
county. Existing law prohibits a taxicab company or a taxicab driver from operating within a county unless the
company and driver are substantially located in at least one city within that county or the unincorporated area of
that county. Existing law authorizes a permitted taxicab company to arrange prearranged trips anywhere within
the county in which it has obtained a permit.
This bill would, instead, require each city or county in which a taxicab company is substantially located to adopt
an ordinance or resolution in regards to taxicab transportation service, that includes provisions for a permitting
program for taxicab drivers, and would provide that it is unlawful to operate a taxicab company without a valid
permit to operate issued by each city or county in which the taxicab company is substantially located. The bill
would remove the prohibition on a taxicab company or a taxicab driver from operating within a county unless the
company and driver are substantially located in at least one city within that county or the unincorporated area of
that county. The bill would authorize a taxicab company permitted by a city or a county to arrange prearranged
trips anywhere within that county. The bill would define “permitted taxicab company” for these purposes to mean
a taxicab service provider that obtains all necessary permits required by these provisions, and to include a
taxicab driver if a taxicab company consists of only one driver.
(2) Existing law requires a permitted taxicab company to comply with certain requirements, including that it be
subject to an annual inspection by the Bureau of Automotive Repair.
This bill would, instead, require a permitted taxicab company to be subject to an annual inspection by the city or
county in which it is substantially located, at a facility that is certified by the National Institute for Automotive
Service Excellence or a facility registered with the Bureau of Automotive Repair.
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(3) Existing law deems a city or county in which a taxicab company operates as a city or county in which a
taxicab company driver is substantially located if the city or county enacts a resolution of intention to enter into
a joint exercise of powers agreement or join a joint powers authority, or to enter into an agreement with a
transit agency, for the purpose of regulating or administering taxicab companies.
This bill would, instead, authorize a city or county to enter into an agreement with another city or county to form
a joint powers authority, or to enter into an agreement with a transit agency, for the purpose of regulating or
administering taxicab companies and taxicab drivers, as applicable, that are substantially located within the
jurisdictional boundaries of that entity.
(4) Existing law defines the term “substantially located” for these purposes to mean that the taxicab company
has a primary business address within that jurisdiction, or that trips originating within that jurisdiction account
for the largest share of the company’s total number of trips within the county within the past year, and
determined every 5 years thereafter. Existing law requires a taxicab company to collect specified data in order to
determine what jurisdiction that company is substantially located in.
This bill would modify the test to specify that a taxicab company is substantially located within a city or county if
that company has a primary business address within the jurisdiction of that entity, or if the total number of
prearranged and nonprearranged trips that originate within that city’s or county’s jurisdiction account for the
largest share of the taxicab company’s total number of trips within each county where the taxicab company
operated over the previous calendar year, as determined annually. The bill would establish a modified test for a
taxicab company that initiates taxicab operations after January 1, 2019, in a county in which that company had
not previously operated, by providing that for the first year of its operation the taxicab company is substantially
located only in the jurisdiction in which it has a primary business address, and from that point forward would
provide that the general substantially located test described above applies to determine whether the taxicab
company is substantially located in a jurisdiction. The bill would make conforming changes to that effect.
The bill would require a taxicab company that changes from being substantially located in one city or county to
another to notify the new city or county 6 months before making that change.
(5) By imposing additional duties on local governments, this bill would impose a state-mandated local program.
(6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 53075.5 of the Government Code, as added by Section 3 of Chapter 753 of the Statutes of
2017, is amended to read:
53075.5. (a) Notwithstanding Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code,
every city or county in which a taxicab company is substantially located, as defined in paragraph (5) of
subdivision (k), shall protect the public health, safety, and welfare by adopting an ordinance or resolution in
regard to taxicab transportation service rendered in vehicles designed for carrying not more than eight persons,
excluding the driver, which are operated within the jurisdiction of the city or county.
(b) Each city or county that adopts an ordinance pursuant to subdivision (a) shall provide for, but is not limited
to providing for, the following in that ordinance:
(1) A policy for entry into the business of providing taxicab transportation service. The policy shall include, but
need not be limited to, a permitting program for taxicab drivers that includes all of the following provisions:
(A) Employment, or an offer of employment, as a taxicab driver in the jurisdiction, including compliance with all
of the requirements of the program adopted pursuant to paragraph (3), shall be a condition of issuance of a
driver’s permit.
(B) The driver’s permit shall become void upon termination of employment.
(C) The driver’s permit shall state the name of the employer.
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(D) The employer shall notify the city or county upon termination of employment.
(E) The driver shall return the permit to the city or county upon termination of employment.
(2) The establishment or registration of rates for the provision of taxicab transportation service that meets the
following requirements:
(A) The taxicab company may set fares or charge a flat rate. However, the city or county may set a maximum
rate.
(B) The taxicab company may use any type of device or technology approved by the Division of Measurement
Standards to calculate fares, including the use of Global Positioning System metering, provided that the device or
technology complies with Section 12500.5 of the Business and Professions Code and with all regulations
established pursuant to Section 12107 of the Business and Professions Code.
(C) The taxicab company shall disclose fares, fees, or rates to the customer. A permitted taxicab company may
satisfy this requirement by disclosing fares, fees, or rates on its Internet Web site, mobile telephone application,
or telephone orders upon request by the customer.
(D) The taxicab company shall notify the passenger of the applicable rate prior to the passenger accepting the
ride for walkup rides and street hails. The rate may be provided on the exterior of the vehicle, within an
application of a mobile telephone, device, or other Internet-connected device, or be clearly visible in either print
or electronic form inside the taxicab.
(3) (A) A mandatory controlled substance and alcohol testing certification program. The program shall include,
but need not be limited to, all of the following requirements:
(i) 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 test negative for these
controlled substances and for alcohol as a condition of permit renewal or, if no periodic permit renewals are
required, at such other times as the city or county shall designate. 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.
(ii) 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, and except as provided otherwise in this section. Requirements for rehabilitation and for return-to-duty
and followup 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.
(iii) A test in one jurisdiction shall be accepted as meeting the same requirement in any other jurisdiction. Any
negative test result shall be accepted for one year as meeting a requirement for periodic permit renewal testing
or any other periodic testing in that jurisdiction or any other jurisdiction, if the driver has not tested positive
subsequent to a negative result. However, an earlier negative result shall not be accepted as meeting the
preemployment testing requirement for any subsequent employment, or any testing requirements under the
program other than periodic testing.
(iv) In the case of a self-employed independent driver, the test results shall be reported directly to the city or
county, 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 employing transportation operator, who may be required to notify the city
or county of positive results.
(v) All test results are confidential and shall not be released without the consent of the driver, except as
authorized or required by law.
(vi) Self-employed independent drivers shall be responsible for compliance with, and shall pay all costs of, this
program with regard to themselves. Employing transportation 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
followup testing.
(vii) Upon the request of a driver applying for a permit, the city or county 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 or county knows offer tests in or near the jurisdiction.
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(B) 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.
(c) Each city or county may levy service charges, fees, or assessments in an amount sufficient to pay for the
costs of carrying out an ordinance or resolution adopted in regard to taxicab transportation services pursuant to
this section.
(d) (1) The city or county may issue to a taxicab company that complies with all provisions of this section and
Section 53075.52, and with all applicable local ordinances or resolutions of that city or county, an inspection
sticker, photo permit, or other inspection compliance device. A taxicab driver shall display the applicable
inspection sticker, photo permit, or other inspection compliance device in a place visible to a passenger.
(2) A city or county may accept a taxicab company or driver permit issued by another city or county as valid,
and may issue to that taxicab company an inspection sticker or photo permit that authorizes that taxicab
company or driver to operate within the county.
(e) A city or county shall not require a taxicab company or driver to obtain a business license, service permit, car
inspection certification, or driver permit, or to comply with any requirement under this section or Section
53075.52, unless the company or driver is substantially located within the jurisdiction of that city or county.
(f) A taxicab company permitted by a city or county may provide prearranged trips anywhere within that county.
(g) A permitted taxicab company shall not prejudice, disadvantage, or require different rates or provide different
service to a person because of race, national origin, religion, color, ancestry, physical disability, medical
condition, occupation, marital status or change in marital status, sex, or any characteristic listed or defined in
Section 11135 of the Government Code.
(h) A permitted taxicab company shall do all of the following:
(1) Maintain reasonable financial responsibility to conduct taxicab transportation services in accordance with the
requirements of an ordinance adopted pursuant to subdivision (a).
(2) Participate in the pull-notice program pursuant to Section 1808.1 of the Vehicle Code to regularly check the
driving records of all taxicab drivers, whether employees or contractors.
(3) Maintain a safety education and training program in effect for all taxicab drivers, whether employees or
contractors.
(4) Maintain a disabled access education and training program to instruct its taxicab drivers on compliance with
the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and amendments thereto, and
state disability rights laws, including making clear that it is illegal to decline to serve a person with a disability or
who has a service animal.
(5) Maintain its motor vehicles used in taxicab transportation services in a safe operating condition, and in
compliance with the Vehicle Code, subject to annual inspection by the city or county in which it is substantially
located, at a facility that is certified by the National Institute for Automotive Service Excellence or a facility
registered with the Bureau of Automotive Repair.
(6) Provide the city or county that has issued a permit under this article an address of an office or terminal
where documents supporting the factual matters specified in the showing required by this subdivision may be
inspected by the permitting city or county.
(7) Provide for a taxicab driver fingerprint-based criminal history check and a drug and alcohol testing program
pursuant to paragraph (3) of subdivision (b).
(8) Comply with all provisions of an ordinance adopted pursuant to subdivision (a).
(9) Provide documentation and trip data in the format required by an ordinance adopted pursuant to subdivision
(a) substantiating that the total number of prearranged and nonprearranged trips that originate within that city’s
or county’s jurisdiction account for the largest share of the taxicab company’s total number of trips over the
applicable time period described in clause (ii) of subparagraph (A) or subclause (II) of clause (ii) of subparagraph
(B) of paragraph (5) of subdivision (k).
(i) (1) It shall be unlawful to operate a taxicab without a valid permit to operate issued by each city or county in
which the taxicab company is substantially located.
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(2) The minimum fine for violation of paragraph (1) shall be five thousand dollars ($5,000) and may be imposed
administratively by the permitting city or county.
(j) (1) Notwithstanding paragraph (5) of subdivision (k), a city or county may do either of the following:
(A) Enter into an agreement with any other city or county to form a joint powers authority for the purpose of
regulating or administering taxicab companies and taxicab drivers that are substantially located within the
jurisdictional boundaries of the joint powers authority. For purposes of this clause, a taxicab company is
substantially located within the jurisdictional boundaries of the joint powers authority if it is substantially located
within one of the parties to the joint powers agreement.
(B) Enter into an agreement with a transit agency for the purpose of regulating or administering the taxicab
companies substantially located within the jurisdictional boundaries of the transit agency. For purposes of this
clause, a taxicab company is substantially located within the jurisdictional boundaries of the transit agency if it is
substantially located within the city or county that enters into an agreement pursuant to this clause, and the
transit agency may exercise all powers granted to the city or county that is a party to the agreement by this
section in order to regulate or administer taxicab companies within those boundaries.
(2) A city or county that forms a joint powers authority, or enters into an agreement with a transit agency, to
regulate or administer taxicab companies pursuant to paragraph (1) shall not issue permits or require business
licenses except as consistent with the terms of that agreement.
(k) For purposes of this section and Sections 53075.51 and 53075.52:
(1) “City or county” includes a charter city or charter county, but does not include the City and County of San
Francisco.
(2) “Employment” includes self-employment as an independent driver.
(3) “Permitted taxicab company” means a taxicab service provider that obtains all necessary permits required by
this article, and includes a taxicab driver if a taxicab company consists of only one driver.
(4) “Prearranged trip” means trip using an online enabled application, dispatch, or Internet Web site.
(5) (A) “Substantially located” means in reference to a city or county that the taxicab company meets either of
the following:
(i) Has its primary business address within that city’s or county’s jurisdiction.
(ii) The total number of prearranged and nonprearranged trips that originate within that city’s or county’s
jurisdiction account for the largest share of the taxicab company’s total number of trips within each county where
the taxicab company operated over the previous calendar year, as determined annually.
(B) Notwithstanding subparagraph (A), “substantially located” means, for a taxicab company that initiates
taxicab operations after January 1, 2019, in reference to a city or county in which that company had not
operated before January 1, 2019, the following:
(i) In the first year of its operation, the jurisdiction where that company has its primary business address.
(ii) After the first year of operation, it meets the test described in subparagraph (A).
(C) A taxicab company may be substantially located in more than one jurisdiction.
(l) Notwithstanding any other provision of this section, an airport operator shall have separate and ultimate
authority to regulate taxicab access to the airport and set access fees for taxicabs at the airport.
(m) Nothing in this section, or Section 53075.51, 53075.52, or 53075.53 shall affect the authority of a
jurisdiction to regulate taxi access to an airport it owns or operates and to set access fees or requirements.
(n) This section shall become operative on January 1, 2019.
SEC. 2. Section 53075.51 of the Government Code is amended to read:
53075.51. (a) Any city or county, regardless of whether a taxicab company is substantially located within its
jurisdiction as defined in Section 53075.5, may adopt, by ordinance, operating requirements for taxicab
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companies and taxicab drivers that do not relate to permitting or business licensing, including, but not limited to,
all of the following:
(1) Limits on the number of taxicab companies that may use taxi stand areas or pickup street hails within that
city’s or county’s jurisdictional boundaries. If a city or county chooses to limit the number of taxis that use the
stand areas or pick up street hails, the city or county shall identify those vehicles with a window sticker and shall
not establish additional requirements or costs to the taxis beyond that authorized by Section 53075.5 or this
section.
(2) Requirements on a taxicab company to provide services in a manner that provides equal accessibility for all
populations within the jurisdictional boundaries of the city or county.
(3) Other public health, safety, or welfare ordinances relating to taxicabs.
(b) Compliance with requirements adopted pursuant to subdivision (a) shall not be a condition for issuance of a
permit.
(c) A city or county may administratively impose civil liability for violation of ordinances adopted pursuant to this
section. The minimum fine for violation of ordinances relative to this section shall be one hundred dollars ($100)
and shall not exceed one thousand dollars ($1,000). Civil liability imposed pursuant to this section shall be paid
to the city or county where the violation occurred and expended solely for the purposes of this chapter.
(d) This section shall become operative on January 1, 2019.
SEC. 3. Section 53075.52 of the Government Code is amended to read:
53075.52. Beginning January 1, 2018, taxicab companies shall collect data that demonstrates the total number of
prearranged and nonprearranged trips that originate within a particular local jurisdiction for the purpose of
determining where that taxicab company is substantially located, and shall provide that data to the city or county
in which it is substantially located, consistent with paragraph (9) of subdivision (h) of Section 53075.5.
Beginning January 1, 2019, the trip data collected in the previous 12 months shall be provided upon date of
renewal to the city or county in which the taxicab company is substantially located. If a taxicab company
changes from being substantially located in one city or county to another, the taxicab company shall notify the
new city or county six months before making that change and shall comply with the requirements of
subparagraph (B) of paragraph (5) of subdivision (k) of Section 53075.5.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the authority to levy service charges, fees, or
assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of
Section 17556 of the Government Code.
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Code:Select Code Section:Search
TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. )
DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. )
PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] (
Part 1 added by Stats. 1949, Ch. 81. )
CHAPTER 1. General [53000 - 53170] ( Chapter 1 added by Stats. 1949, Ch. 81. )
53075.5.
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GOVERNMENT CODE - GOV
ARTICLE 4. Miscellaneous [53060 - 53087.8] ( Article 4 added by Stats. 1951, Ch. 522. )
(a) Notwithstanding Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code,
every city or county in which a taxicab company is substantially located, as defined in paragraph (5) of subdivision
(k), shall protect the public health, safety, and welfare by adopting an ordinance or resolution in regard to taxicab
transportation service rendered in vehicles designed for carrying not more than eight persons, excluding the driver,
which are operated within the jurisdiction of the city or county.
(b) Each city or county that adopts an ordinance pursuant to subdivision (a) shall provide for, but is not limited to
providing for, the following in that ordinance:
(1) A policy for entry into the business of providing taxicab transportation service. The policy shall include, but need
not be limited to, a permitting program for taxicab drivers that includes all of the following provisions:
(A) Employment, or an offer of employment, as a taxicab driver in the jurisdiction, including compliance with all of
the requirements of the program adopted pursuant to paragraph (3), shall be a condition of issuance of a driver’s
permit.
(B) The driver’s permit shall become void upon termination of employment.
(C) The driver’s permit shall state the name of the employer.
(D) The employer shall notify the city or county upon termination of employment.
(E) The driver shall return the permit to the city or county upon termination of employment.
(2) The establishment or registration of rates for the provision of taxicab transportation service that meets the
following requirements:
(A) The taxicab company may set fares or charge a flat rate. However, the city or county may set a maximum rate.
(B) The taxicab company may use any type of device or technology approved by the Division of Measurement
Standards to calculate fares, including the use of Global Positioning System metering, provided that the device or
technology complies with Section 12500.5 of the Business and Professions Code and with all regulations established
pursuant to Section 12107 of the Business and Professions Code.
(C) The taxicab company shall disclose fares, fees, or rates to the customer. A permitted taxicab company may
satisfy this requirement by disclosing fares, fees, or rates on its Internet Web site, mobile telephone application, or
telephone orders upon request by the customer.
(D) The taxicab company shall notify the passenger of the applicable rate prior to the passenger accepting the ride
for walkup rides and street hails. The rate may be provided on the exterior of the vehicle, within an application of a
mobile telephone, device, or other Internet-connected device, or be clearly visible in either print or electronic form
inside the taxicab.
(3) (A) A mandatory controlled substance and alcohol testing certification program. The program shall include, but
need not be limited to, all of the following requirements:
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(i) 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 test negative for these
controlled substances and for alcohol as a condition of permit renewal or, if no periodic permit renewals are
required, at such other times as the city or county shall designate. 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.
(ii) 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, and except as provided otherwise in this section. Requirements for rehabilitation and for return-to-duty and
followup 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.
(iii) A test in one jurisdiction shall be accepted as meeting the same requirement in any other jurisdiction. Any
negative test result shall be accepted for one year as meeting a requirement for periodic permit renewal testing or
any other periodic testing in that jurisdiction or any other jurisdiction, if the driver has not tested positive
subsequent to a negative result. However, an earlier negative result shall not be accepted as meeting the
preemployment testing requirement for any subsequent employment, or any testing requirements under the
program other than periodic testing.
(iv) In the case of a self-employed independent driver, the test results shall be reported directly to the city or
county, 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 employing transportation operator, who may be required to notify the city or
county of positive results.
(v) All test results are confidential and shall not be released without the consent of the driver, except as authorized
or required by law.
(vi) Self-employed independent drivers shall be responsible for compliance with, and shall pay all costs of, this
program with regard to themselves. Employing transportation 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
followup testing.
(vii) Upon the request of a driver applying for a permit, the city or county 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 or county knows offer tests in or near the jurisdiction.
(B) 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.
(c) Each city or county may levy service charges, fees, or assessments in an amount sufficient to pay for the costs
of carrying out an ordinance or resolution adopted in regard to taxicab transportation services pursuant to this
section.
(d) (1) The city or county may issue to a taxicab company that complies with all provisions of this section and
Section 53075.52, and with all applicable local ordinances or resolutions of that city or county, an inspection sticker,
photo permit, or other inspection compliance device. A taxicab driver shall display the applicable inspection sticker,
photo permit, or other inspection compliance device in a place visible to a passenger.
(2) A city or county may accept a taxicab company or driver permit issued by another city or county as valid, and
may issue to that taxicab company an inspection sticker or photo permit that authorizes that taxicab company or
driver to operate within the county.
(e) A city or county shall not require a taxicab company or driver to obtain a business license, service permit, car
inspection certification, or driver permit, or to comply with any requirement under this section or Section 53075.52,
unless the company or driver is substantially located within the jurisdiction of that city or county.
(f) A taxicab company permitted by a city or county may provide prearranged trips anywhere within that county.
(g) A permitted taxicab company shall not prejudice, disadvantage, or require different rates or provide different
service to a person because of race, national origin, religion, color, ancestry, physical disability, medical condition,
occupation, marital status or change in marital status, sex, or any characteristic listed or defined in Section 11135
of the Government Code.
(h) A permitted taxicab company shall do all of the following:
(1) Maintain reasonable financial responsibility to conduct taxicab transportation services in accordance with the
requirements of an ordinance adopted pursuant to subdivision (a).
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(2) Participate in the pull-notice program pursuant to Section 1808.1 of the Vehicle Code to regularly check the
driving records of all taxicab drivers, whether employees or contractors.
(3) Maintain a safety education and training program in effect for all taxicab drivers, whether employees or
contractors.
(4) Maintain a disabled access education and training program to instruct its taxicab drivers on compliance with the
federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and amendments thereto, and state
disability rights laws, including making clear that it is illegal to decline to serve a person with a disability or who has
a service animal.
(5) Maintain its motor vehicles used in taxicab transportation services in a safe operating condition, and in
compliance with the Vehicle Code, subject to annual inspection by the city or county in which it is substantially
located, at a facility that is certified by the National Institute for Automotive Service Excellence or a facility
registered with the Bureau of Automotive Repair.
(6) Provide the city or county that has issued a permit under this article an address of an office or terminal where
documents supporting the factual matters specified in the showing required by this subdivision may be inspected by
the permitting city or county.
(7) Provide for a taxicab driver fingerprint-based criminal history check and a drug and alcohol testing program
pursuant to paragraph (3) of subdivision (b).
(8) Comply with all provisions of an ordinance adopted pursuant to subdivision (a).
(9) Provide documentation and trip data in the format required by an ordinance adopted pursuant to subdivision (a)
substantiating that the total number of prearranged and nonprearranged trips that originate within that city’s or
county’s jurisdiction account for the largest share of the taxicab company’s total number of trips over the applicable
time period described in clause (ii) of subparagraph (A) or subclause (II) of clause (ii) of subparagraph (B) of
paragraph (5) of subdivision (k).
(i) (1) It shall be unlawful to operate a taxicab without a valid permit to operate issued by each city or county in
which the taxicab company is substantially located.
(2) The minimum fine for violation of paragraph (1) shall be five thousand dollars ($5,000) and may be imposed
administratively by the permitting city or county.
(j) (1) Notwithstanding paragraph (5) of subdivision (k), a city or county may do either of the following:
(A) Enter into an agreement with any other city or county to form a joint powers authority for the purpose of
regulating or administering taxicab companies and taxicab drivers that are substantially located within the
jurisdictional boundaries of the joint powers authority. For purposes of this clause, a taxicab company is
substantially located within the jurisdictional boundaries of the joint powers authority if it is substantially located
within one of the parties to the joint powers agreement.
(B) Enter into an agreement with a transit agency for the purpose of regulating or administering the taxicab
companies substantially located within the jurisdictional boundaries of the transit agency. For purposes of this
clause, a taxicab company is substantially located within the jurisdictional boundaries of the transit agency if it is
substantially located within the city or county that enters into an agreement pursuant to this clause, and the transit
agency may exercise all powers granted to the city or county that is a party to the agreement by this section in
order to regulate or administer taxicab companies within those boundaries.
(2) A city or county that forms a joint powers authority, or enters into an agreement with a transit agency, to
regulate or administer taxicab companies pursuant to paragraph (1) shall not issue permits or require business
licenses except as consistent with the terms of that agreement.
(k) For purposes of this section and Sections 53075.51 and 53075.52:
(1) “City or county” includes a charter city or charter county, but does not include the City and County of San
Francisco.
(2) “Employment” includes self-employment as an independent driver.
(3) “Permitted taxicab company” means a taxicab service provider that obtains all necessary permits required by
this article, and includes a taxicab driver if a taxicab company consists of only one driver.
(4) “Prearranged trip” means trip using an online enabled application, dispatch, or Internet Web site.
(5) (A) “Substantially located” means in reference to a city or county that the taxicab company meets either of the
following:
(i) Has its primary business address within that city’s or county’s jurisdiction.
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(ii) The total number of prearranged and nonprearranged trips that originate within that city’s or county’s
jurisdiction account for the largest share of the taxicab company’s total number of trips within each county where
the taxicab company operated over the previous calendar year, as determined annually.
(B) Notwithstanding subparagraph (A), “substantially located” means, for a taxicab company that initiates taxicab
operations after January 1, 2019, in reference to a city or county in which that company had not operated before
January 1, 2019, the following:
(i) In the first year of its operation, the jurisdiction where that company has its primary business address.
(ii) After the first year of operation, it meets the test described in subparagraph (A).
(C) A taxicab company may be substantially located in more than one jurisdiction.
(l) Notwithstanding any other provision of this section, an airport operator shall have separate and ultimate
authority to regulate taxicab access to the airport and set access fees for taxicabs at the airport.
(m) Nothing in this section, or Section 53075.51, 53075.52, or 53075.53 shall affect the authority of a jurisdiction
to regulate taxi access to an airport it owns or operates and to set access fees or requirements.
(n) This section shall become operative on January 1, 2019.
(Amended (as added by Stats. 2017, Ch. 753, Sec. 3) by Stats. 2018, Ch. 472, Sec. 1. (AB 939) Effective January
1, 2019.)
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TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. )
DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. )
PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] (
Part 1 added by Stats. 1949, Ch. 81. )
CHAPTER 1. General [53000 - 53170] ( Chapter 1 added by Stats. 1949, Ch. 81. )
53075.51.
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GOVERNMENT CODE - GOV
ARTICLE 4. Miscellaneous [53060 - 53087.8] ( Article 4 added by Stats. 1951, Ch. 522. )
(a) Any city or county, regardless of whether a taxicab company is substantially located within its
jurisdiction as defined in Section 53075.5, may adopt, by ordinance, operating requirements for taxicab companies
and taxicab drivers that do not relate to permitting or business licensing, including, but not limited to, all of the
following:
(1) Limits on the number of taxicab companies that may use taxi stand areas or pickup street hails within that city’s
or county’s jurisdictional boundaries. If a city or county chooses to limit the number of taxis that use the stand
areas or pick up street hails, the city or county shall identify those vehicles with a window sticker and shall not
establish additional requirements or costs to the taxis beyond that authorized by Section 53075.5 or this section.
(2) Requirements on a taxicab company to provide services in a manner that provides equal accessibility for all
populations within the jurisdictional boundaries of the city or county.
(3) Other public health, safety, or welfare ordinances relating to taxicabs.
(b) Compliance with requirements adopted pursuant to subdivision (a) shall not be a condition for issuance of a
permit.
(c) A city or county may administratively impose civil liability for violation of ordinances adopted pursuant to this
section. The minimum fine for violation of ordinances relative to this section shall be one hundred dollars ($100)
and shall not exceed one thousand dollars ($1,000). Civil liability imposed pursuant to this section shall be paid to
the city or county where the violation occurred and expended solely for the purposes of this chapter.
(d) This section shall become operative on January 1, 2019.
(Amended by Stats. 2018, Ch. 472, Sec. 2. (AB 939) Effective January 1, 2019.)
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TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. )
DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. )
PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] (
Part 1 added by Stats. 1949, Ch. 81. )
CHAPTER 1. General [53000 - 53170] ( Chapter 1 added by Stats. 1949, Ch. 81. )
53075.52.
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GOVERNMENT CODE - GOV
ARTICLE 4. Miscellaneous [53060 - 53087.8] ( Article 4 added by Stats. 1951, Ch. 522. )
Beginning January 1, 2018, taxicab companies shall collect data that demonstrates the total number of
prearranged and nonprearranged trips that originate within a particular local jurisdiction for the purpose of
determining where that taxicab company is substantially located, and shall provide that data to the city or county in
which it is substantially located, consistent with paragraph (9) of subdivision (h) of Section 53075.5. Beginning
January 1, 2019, the trip data collected in the previous 12 months shall be provided upon date of renewal to the
city or county in which the taxicab company is substantially located. If a taxicab company changes from being
substantially located in one city or county to another, the taxicab company shall notify the new city or county six
months before making that change and shall comply with the requirements of subparagraph (B) of paragraph (5) of
subdivision (k) of Section 53075.5.
(Amended by Stats. 2018, Ch. 472, Sec. 3. (AB 939) Effective January 1, 2019.)
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