§ 11.45.030. TNC license eligibility and application requirements; license restrictions.

A.

An application for a TNC license shall be made to the transportation inspector.

B.

TNC license application. An application for a TNC license shall be submitted on a form approved by the transportation inspector and shall be approved if all the following requirements are satisfied:

1.

The application includes:

a.

The nonrefundable original application fee established pursuant to section 11.45.015;

b.

Proof of insurance for the TNC as required by this chapter, if the TNC will provide insurance coverage pursuant to section 11.45.080;

c.

Proof the applicant has and maintains an agent for service of process if the applicant is a corporation, limited liability company, or other lawful form of business entity;

d.

Identify one or more natural person(s) who shall be the primary representative(s) for the TNC's operations in the municipality and is authorized to:

1.

File documentation with and respond to requests from the transportation inspector and Transportation Commission;

2.

Receive, accept and respond to all correspondence and notices from the municipality pertaining to the TNC, or to affiliated TNC drivers and TNC vehicles;

3.

Forward any correspondence, notices or legal process received by the TNC and intended for a TNC driver or pertaining to a TNC vehicle; and

4.

Direct or effectuate the immediate disabling of a TNC driver's access to the TNC's digital network, in accordance with this chapter and the TNC's own policies;

g.

A management plan which shall include:

i.

A procedure outlining the handling of complaints from passengers, drivers and the public; and

ii.

A procedure for returning articles left in TNC vehicles to the passengers, that does not require disclosure of personal information of the passenger or driver to one or the other;

h.

A signed statement that the applicant acknowledges and accepts the license requirements to:

i.

Maintain the insurance required of a TNC licensee in this chapter, and provide notice to TNC drivers of their obligation to maintain insurance coverage for the TNC vehicle the driver uses, as described in this chapter;

ii.

Comply with the post-incident drug and alcohol testing described in this chapter;

iii.

Maintain, and to make available to the transportation inspector, records of service and complaints, as described in this chapter;

iv.

Provide the transportation inspector with passenger accounts at no charge and the obligation to provide uninterrupted access to the TNC app by said accounts throughout the effective dates of the TNC license;

v.

Comply with the requirements of this chapter to disable a TNC driver's access to the TNC app when:

(A)

The driver's TNC vehicle's periodic inspection report has not been filed by the required date,

(B)

There is a plausible report the TNC driver violated the drug and alcohol policy described in this chapter; or

(C)

Any other conditions described in this chapter that require the TNC driver to be out of service.

vi.

Conduct a fingerprint-based criminal background check through the State Department of Public Safety, including a check of the national sex offender registry database, on each TNC driver in accordance with this chapter;

vii.

Process payments for TNC services electronically, which may include allowing a passenger to save payment information associated with the TNC app or to submit electronic payment information at the time the ride is requested, and to protect the payment information from unauthorized disclosure; and

viii.

Comply with all requirements of chapters 11.10 through 11.45 applicable to TNCs.

2.

The applicant has obtained, possesses and demonstrated to the transportation inspector a functioning and capable TNC digital network which the applicant has a right to use in the intended manner, consistent with the requirements of this chapter; and

C.

When the transportation inspector determines an original TNC license shall issue, the applicant shall be notified and the license fee tendered before the TNC business may begin operating. If a license fee is not received within 30 days of notice, the application shall lapse and be denied.

D.

License period and annual renewal. An original TNC license issued under this chapter is valid from the date of issuance until the following December 31. Thereafter the TNC license shall be renewable for one year terms, each renewal commencing on January 1. A TNC license shall automatically expire unless an application for renewal is received by the transportation inspector before its expiration date. A renewal application shall be submitted on a form approved by the transportation inspector and shall include or be accompanied by:

1.

The TNC license fee established pursuant to section 11.45.015.

2.

A complete list of TNC drivers authorized by the licensee at the time of the renewal application, and each TNC vehicle authorized for use by that driver.

3.

A report of all complaints received during the expiring year from passengers or the public, with the investigation, resolution, referral and follow-up for each complaint noted.

E.

When an application for a TNC license is incomplete, the transportation inspector shall notify the applicant. If an incomplete application is not completed within 60 days of the date first submitted, it lapses. An incomplete original application may be resubmitted at any time with the required fee. An incomplete renewal application must be cured by January 1 or within ten days, whichever is later, or it automatically expires. If the transportation inspector denies an application for a TNC license, a written decision shall be issued to the applicant stating the specific reasons for denial. Such written decision will be issued no later than seven business days after the denial.

F.

A TNC license is not transferable through sale, lease, rental or any other manner of conveyance, assignment or transfer.

G.

Nothing in this chapter shall be interpreted to grant any property rights of any kind to a TNC licensee or any other person. All rights and restrictions created by the express language of this chapter may be expanded, reduced or eliminated at any time by ordinance, regulation or other law.

(AO No. 2017-30 , § 1, 3-21-17)