16.40.340 Executive Town Car Company Operating Responsibilities and Prohibitions.

City Code Section

(Amended by Ordinance No. 188972, effective June 29, 2018.)

A.  Executive Town Car Companies shall accept all requests for Executive Town Car Service received from any location within the City.

B.  Drug, Alcohol, and Discrimination Policy.

1.  Zero Tolerance for Drug and Alcohol Use and Discrimination. All permitted Companies shall employ at all times a zero-tolerance policy for intoxicants.

2.  Zero Tolerance for Discrimination. All permitted Companies shall adopt a policy that, at a minimum, prohibits drivers and employees from engaging in discrimination, to include making derogatory comments, on the basis of a person’s race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic protected under applicable local, state, or federal law. This policy must be submitted to the Director for approval. Any changes to the policy shall be submitted to and approved by the Director prior to implementation.

C.  User Terms of Service. It must be stated within a disclaimer or limitation of liability in an Executive Town Car Company’s user terms of service that no disclaimer of liability for negligence or other tortious conduct shall have any force or effect as prohibited by local law or restriction in the City of Portland, and that any tort claim against an Executive Town Car Company shall be governed by Oregon tort law in effect at the time of the claim.

D.  Fare Rate Transparency. Executive Town Car fare rates shall be established by the Executive Town Car Company, reported to the Director and made available in a clear and transparent way to the passenger prior to the passenger accepting a ride.

E.  Receipts. All Executive Town Car passengers shall be provided either a paper or digital receipt for services at the termination of the ride that clearly indicates the fare paid, time of ride, name of Executive Town Car Company, Executive Town Car Driver, Executive Town Car Company customer service support contact information, and the City of Portland’s PFHT complaint phone number.

F.  Agent of Service Requirements. Executive Town Car Companies will maintain, during all times when the Executive Town Car Company permit is valid, a locally based agent of service, with regular hours of business during weekdays.

G.  Customer Service Support Requirements. Executive Town Car Companies will maintain, during all times when the Executive Town Car Company permit is valid, customer service support with posted contact information, including a local phone number and local address, and the ability to leave messages 24 hours per day and 7 days per week via telephone or email. Response to messages shall be made within 24 hours.

H.  Reporting Requirements. Each Executive Town Car Company shall regularly report the following to the Director:

1.  Report the number and type of crimes against drivers to the extent known;

2.  The arrest or conviction for any criminal offense of any affiliated Executive Town Car Driver;

3.  The filing of any lawsuit against or on behalf of the Executive Town Car Company related to the operation of the company and its services in the City of Portland;

4.  The initiation of bankruptcy proceedings or corporate or partnership dissolution by the company; and

5.  Any information required to be disclosed by Chapter 16.40 that comes to the attention of the Executive Town Car Company.

I.  Data Requirements. Upon request, the Executive Town Car Company shall provide data identified by the Director to verify compliance with requirements pursuant to Chapter 16.40.

J.  Executive Town Car Company Records Management and Mandatory Compliance.

1.  Executive Town Car Companies will be required to keep documentation of all certified Executive Town Car Drivers and Executive Town Car Vehicles. Such records shall be kept on file during the term of the Executive Town Car Company permit and for 2 calendar years after the expiration of such permit. Upon request or subpoena, Executive Town Car Company records shall be provided to the Director and/or law enforcement officers.

2.  Executive Town Car Companies shall submit to compliance audits and enforcement actions upon request by the Director, any authorized city personnel, or law enforcement officers pursuant to Chapter 16.40.

K.  Failure to comply with any provision in Section 16.40.340 is a Class B violation subject to penalties provided in Sections 16.40.930 through 16.40.950.