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Home My WebLink About4373 Ordinance Alternate#2 ORDINANCE NO. 4-c3 7 AN ORDINANCE of the City of Pasco, Washington Amending PMC 5.45A.040 "For-Hire (Taxicab/TNC) Business License; Amending PMC 5.45A.050 "For-Hire Driver License Required"; and Amending PMC 5.45A.060 "For-Hire Driver Requirements" WHEREAS, the City Council has by the adoption of PMC 5.45A recognized the need for regulation of new technology based companies known as Transportation Network Companies (TNC), and determining to preserve the distinction between TNCs and taxicab companies; and WHEREAS, the City Council, after significant public input and consideration, has determined that in light of pending legislation and the standards adopted by other cities within the State, that sufficient security for background checks for TNCs is addressed without the necessity of fingerprint identification; and WHEREAS, to provide this additional transportation alternative for its citizens. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON,DO ORDAIN AS FOLLOWS: Section 1. That Section 5.45A.040 of the Pasco Municipal Code entitled "For-Hire (Taxicab/TNC) Business License" shall be and hereby is amended and shall read as follows: 5.45A.040 FOR-HIRE (TAXICAB/TNC) BUSINESS LICENSE. A) The Licensing Officer may issue or renew a for-hire business license to a taxicab company or a TNC provided that: 1) The taxicab company of TNC submits a complete for-hire (Taxicab/TNC) business license application together with an affidavit sworn under penalty of perjury, on a form provided by the Licensing Officer, that the taxicab company or TNC is in compliance with the driver requirements, vehicle requirements, insurance requirements, and operational requirement of this Chapter. An application review fee, as designated in PMC 3.07.050 shall be paid in full at the time of submitting any initial and renewal license application. 2) The taxicab company or TNC provides proof of insurance coverage for the limits required in this Chapter for all employed or affiliated drivers. The Application and Affidavit form will be made available by the Licensing Officer at Pasco City Hall or on the City's website. B) The licenses issued or renewed under this Chapter . - - - ' - -- . •• - - - - terminate on December 31 of the year of issuance or renewal, unless the license has been Ordinance Amending PMC 5.45A.040,5.45A.050 and 5.45A.060 Page 1 Alternate#2 (re)submitted for renewal on or before the expiration datoshall be effective on the date of issuance pursuant to PMC 5.04.060, and shall be for a period of one (1)year. C) The business license fee shall be based upon the number of employed or affiliated drivers operating for-hire vehicles for the taxicab company or TNC applying for the license, as designated in PMC 3.07.050. D) No for-hire (Taxicab/TNC) business license shall be issued or valid until the affidavit and proof of insurance required in this section has been reviewed and approved; and the fee prescribed in this section has been paid. (Ord. 4342, 2017.) Section 2. That Section 5.45A.050 of the Pasco Municipal Code entitled "For-Hire Driver Business License Required" shall be and hereby is amended and shall read as follows: 5.45A.050 FOR-HIRE DRIVER BUSINESS LICENSE REQUIRED. No person shall operate a for-hire vehicle within the City unless that person is a driver for a currently licensed for-hire business as provided in Section 5.45A.040 above; and has a current and valid City for-hire driver business license. The Licensing Officer may issue this license upon of a completed application; verification of affiliation with a City licensed For Hire Taxicab/TNC; fingerprint car prepared by the Pasco Police department (not required) for license renewals), and payment of the fees as required by PMC 3.07.050 to a: A) TNC driver upon receipt of a completed application, verification of affiliation with a City licensed TNC, and payment of the fees as required by PMC 3.07.050. B) Taxicab driver upon receipt of a completed application, verification of affiliation with a City licensed for-hire taxicab, fingerprint card prepared by the Pasco Police Department (not required for license renewals), and payment of the fees as required by PMC 3.07.050. Section 3. That Section 5.45A.060 of the Pasco Municipal Code entitled "For-Hire Driver Requirements" shall be and hereby amended and shall read as follow: 5.45A.060 FOR-HIRE DRIVER REQUIREMENTS. No person shall be permitted to operate a for-hire vehicle for a taxicab company, or a TNC company under PMC 5.45A.040 unless the person: A) Is at least twenty-one (21) years of age, possesses a driver's license valid in the State of Washington, and has not been convicted of a felony unless such rights have been restored under Chapters 9.96A or 9.97 RCW; and B) Complies with all State laws and regulations relating to for-hire vehicles and provides evidence of such compliance including, but not limited to the following: 1) Proof of age—21 years or older. 2) A driver's license valid in the State of Washington. Ordinance Amending PMC 5.45A.040,5.45A.050 and 5.45A.060 Page 2 Alternate#2 3) Proof of UB I(independent contractor). 4) Proof of insurance(liability and property insurance). C) Taxicab company for-hire drivers shall, in addition to the requirements of section B) above, submit the following: 1) Proof of successfully completing a training course provided by the National Safety Council; or school licensed by the Workforce Training and Education Coordinating Board; 2) Proof of successfully having passed a written examination provided by the National Safety Council; or school licensed by the Workforce Training and Education Coordinating Board; 3) Current photograph at the time of each application and/or renewal; 4) Current abstract of driving record; 5) Health Department annual Tuberculosis test; and 6) Upon approval of the application, the Police Department shall cause to be issued a card bearing the name and description, including an annual updated photograph of the driver, which card shall be carried on the driver's person at all times when operating a for-hire vehicle within the City. D) A taxicab company, TNC, or its agent, shall maintain accurate and up-to-date records for all of its employed or affiliated for-hire drivers operating within the City of Pasco. Said record shall include that information required by subsections B) and C), above as applicable, subsection G)below, and such other information as may be required by this Chapter. E) Prior to permitting a person to operate as a taxicab driver or as a TNC driver, and biennially thereafter, the taxicab company or TNC shall conduct, or have a third party conduct and review a criminal background check report for such person. The criminal background check shall include a search of no less than seven years of database history,unless prohibited by law, in which case the duration of the search shall be the maximum number of years permitted by law. The criminal background check shall include local, state, and national criminal history databases and publicly accessible national sex offender registries. Any person who is on a sex offender registry or who has been convicted, within the past seven years, of crimes involving driving under the influence of alcohol or controlled substances, felony fraud, sexual offenses, acts of violence, acts of terror, or use of a motor vehicle to commit a felony, shall not be permitted to act as a taxicab or TNC driver. The taxicab company or TNC, or its agent, shall maintain records of such criminal background checks for a period of two (2) years. For purposes of this section, the term "conviction" includes convictions, bail forfeitures, and other final adverse findings. The criminal background checks required by this section may be provided either by the Pasco Police Department for a fee as designated in Chapter 3.07.050, or a service provider appreved- the Ordinance Amending PMC 5.45A.040,5.45A.050 and 5.45A.060 Page 3 Alternate#2 Pasco Police Department, as determined by the applicant accredited by the Background Screening Credentialing Council, or other nationally recognized accreditation service. Section 4. This Ordinance shall take full force and effect five days after its approval, passage and publication as required by law. PASSED by the City CoAncil of the City of Pasco, Washington, and approved as provided by law this'�/flday of s0,2,99/46-- , 2017. "*0)-4- Matt Watkins, Mayor ATTEST: APP ED AS TO FORM: / .L( _ . � /_ _ / e ��` Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Ordinance Amending PMC 5.45A.040,5.45A.050 and 5.45A.060 Page 4