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16.40.310 Executive Town Car Company Permit Application Standards for Approval and/or Denial and Certification Requirements.

City code section
  1. A.  Application. An applicant for an executive town car company permit must annually submit to the City Administrator:
    1. 1.  A completed application on a form supplied by the City Administrator;
    2. 2.  Proof of registration with the Secretary of State for any corporate, LLC, or LLP entity;
    3. 3.  Proof of registration with the Secretary of State for any assumed business name, along with a listing of the registrant of such;
    4. 4.  A list of all persons or entities with more than 10 percent stock ownership if the company issues stock certificates;
    5. 5.  If the applicant executive town car company is individually owned, the name, business address (or home address if no business address), telephone number, and date of birth of the owner;
    6. 6.  If the applicant executive town car company is a corporation, partnership, or other business entity, the names, business addresses, telephone numbers, and date of birth of the person or persons vested with authority to manage or direct the affairs of the legal entity in Portland (“Authorized Representative”) or to bind the legal entity in dealings with third parties, and any other information that the City Administrator may reasonably require;
    7. 7.  The applicant executive town car company’s zero-tolerance drug and nondiscrimination policy;
    8. 8.  The applicant executive town car company’s user terms of service;
    9. 9.  The applicant dispatch or passenger reservation contact information;
    10. 10.  Contact information of the executive town car company’s agent of service and customer service support;
    11. 11.  Fare rates must be provided to and approved by the City Administrator prior to implementation; and
    12. 12.  A nonrefundable application fee.
  2. B.  All fines and penalties must be paid prior to issuing or reissuing an executive town car company permit.
  3. C.  Compliance with Secretary of State’s rules. No permit will be issued unless the company is validly registered with the Secretary of State, including all assumed business names.
  4. D.  Insurance. All executive town car permit holders must comply with executive town car insurance requirements pursuant to Section 16.40.330. All executive town car Companies must file a certificate of liability and applicable endorsements with the City Administrator that evidences insurance coverage and terms that are in compliance with the requirements.
  5. E.  City Administrator review process. After receiving a completed executive town car company application form and upon successful completion of all the requirements pursuant to Section 16.40.310, the City Administrator will review the application in order to make a recommendation to the City Administrator for approval or denial.
  6. F.  Application approval. Upon approval by the City Administrator, the City Administrator may issue an executive town car company permit.
  7. G.  Application denial. The Application will be denied for any of the following:
    1. 1.  The executive town car company applicant fails to submit all required information and documentation, including valid proof of insurance;
    2. 2.  The executive town car company applicant leases, permits, or otherwise allows other entities not affiliated with the executive town car company and certified by the City Administrator to operate executive town car services;
    3. 3.  The application has a material misstatement or omission; and
    4. 4.  The executive town car company application is incomplete.
  8. H.  Denial appeal. If the application is denied, the applicant executive town car company may appeal the decision to the Code Hearings Officer under the provisions of Chapter 22.10.
  9. I.  Providing executive town car services. Executive town car services may be provided only by a permitted executive town car company.
  10. J.  Certification of executive town car drivers. The executive town car company must regularly provide a list of applicant drivers affiliated with the permitted executive town car for City Administrator certification that drivers meet requirements in Section 16.40.300 on a form approved by the City Administrator. Drivers must be certified by the City Administrator prior to providing executive town car services on behalf of the affiliated executive town car company and executive town car drivers not meeting all required conditions will not be certified as a permitted executive town car driver and will not be allowed to operate as an executive town car driver. Such requirements include:
    1. 1.  Criminal and driver background checks;
    2. 2.  Valid driver’s license; and
    3. 3.  Successful completion of all City Administrator-approved driver training and testing within 30 days of providing executive town car Service, and successful completion of any additional training and testing must be completed within 30 days of release by the City Administrator.
  11. K.  Executive town car driver re-certification. The executive town car company must provide a list of applicant drivers for re-certification to the City Administrator within one month prior to the executive town car driver certification expiration, on a form approved by the City Administrator. Applicant drivers must meet all conditions and be consistent with executive town car driver certification requirements pursuant to Section 16.40.300. Drivers not meeting all such conditions will not be re-certified as an executive town car driver and may not operate as an executive town car driver.
  12. L.  Certification of executive town car vehicles. The executive town car company must regularly provide a list of applicant vehicles affiliated with the permitted executive town car company for City Administrator certification that vehicles meet requirements pursuant to Section 16.40.300 on a form approved by the City Administrator. Vehicles must be certified by the City Administrator and affiliated with a permitted executive town car company prior to providing executive town car services. Vehicles not meeting all required conditions will not be certified as a permitted executive town car vehicle and will not be allowed to operate as an executive town car vehicle. Such requirements include:
    1. 1.  Vehicle ASE safety inspection;
    2. 2.  Vehicle registration and licensing;
    3. 3.  Vehicle properly equipped and in good condition; and
    4. 4.  Executive town car company general and automobile liability insurance.
  13. M.  Term of certification of executive town car vehicles. Certifications for executive town car vehicles provided by the City Administrator are valid for a term of one year from date of City Administrator certification.
  14. N.  Executive town car vehicle re-certification. The executive town car company must provide a list of applicant vehicles for re-certification to the City Administrator within one month prior to the executive town car vehicle certification expiration, on a form approved by the City Administrator. Applicant vehicles must meet all conditions and be consistent with executive town car vehicle certification requirements pursuant to Section 16.40.300 for re-certification. Vehicles not meeting all such conditions will not be re-certified as an executive town car vehicle and may not operate as an executive town car vehicle.
  15. O.  Denial appeal. If an executive town car driver or executive town car vehicle certification is denied, suspended, or revoked by the City Administrator, the applicant driver may appeal the decision to the Code Hearings Officer under the provisions of Chapter 22.10.
  16. P.  Right to a permit. The executive town car company’s ability to satisfy the criteria for an executive town car company permit does not create a right to an executive town car company permit.
  17. Q.  Transferring permits. Transferring permits is prohibited. The company must notify the City in the event that all or part of the business ownership and/or assets are transferred to another party within five business days.
  18. R.  Removal of executive town car drivers and Vehicles from affiliated executive town car company. Executive town car companies must provide to the City Administrator notification of affiliated executive town car drivers that have been prohibited from providing executive town car services by the affiliated executive town car company and executive town car vehicles that have been removed from the fleet of the affiliated executive town car company as changes occur.
  19. S.  Operating at the Port of Portland. Executive town car companies, drivers, and vehicles are prohibited from operating at the Portland International Airport without a City permit/certification and specific permission or approval from the Port of Portland.
  20. T.  Failure to comply with any provision in Section 16.40.310 is a Class B violation subject to penalties provided in Sections 16.40.930 through 16.40.950.

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