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16.40.510 Pedicab and Quadricycle Company Permit Application Standards for Approval and/or Denial and Certification Requirements.

City Code Section
  1. A.  Application. An applicant for a pedicab or quadricycle 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 pedicab or quadricycle 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 pedicab or quadricycle 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 pedicab or quadricycle company’s zero-tolerance drug and nondiscrimination policy.
    8. 8.  The applicant pedicab or quadricycle company contact information.
    9. 9.  A nonrefundable application fee.
  2. B.  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.
  3. C.  Insurance. All pedicab and quadricycle company permit holders must comply with pedicab and quadricycle insurance requirements pursuant to Section 16.40.530. All pedicab and quadricycle 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.
  4. D.  City Administrator’s review process. After receiving a completed pedicab or quadricycle company application form and upon successful completion of all the requirements pursuant to Section 16.40.510, the City Administrator will review the application in order to make a recommendation to the City Administrator for approval or denial.
  5. E.  Application approval. Upon approval by the City Administrator, the City Administrator may be directed to issue a pedicab or quadricycle company permit.
  6. F.  Application denial. The Application will be denied for any of the following
    1. 1.  The pedicab or quadricycle company applicant fails to submit all required information and documentation, including valid proof of insurance.
    2. 2.  The pedicab or quadricycle company applicant provides dispatch services or the use of a pedicab or quadricycle to anyone other than affiliated pedicab and quadricycle drivers meeting the requirements set forth in Chapter 16.40 without prior approval by the City Administrator.
    3. 3.  The pedicab or quadricycle company applicant leases, permits, or otherwise allows other entities not affiliated with the pedicab or quadricycle company and certified by the City Administrator to operate pedicab or quadricycle services.
    4. 4.  The application has a material misstatement or omission.
    5. 5.  The pedicab company application is incomplete.
  7. G.  Denial appeal. If the application is denied, the applicant pedicab or quadricycle company may appeal the decision to the Code Hearings Officer under the provisions of Chapter 22.10.
  8. H.  Providing pedicab and quadricycle services. Pedicab and quadricycle services may be provided only by a permitted pedicab company.
  9. I.  Certification of pedicab and quadricycle drivers. The pedicab or quadricycle company must regularly provide a list of applicant pedicab or quadricycle drivers affiliated with the permitted pedicab or quadricycle company for City Administrator certification that drivers meet requirements in Sections 16.40.540 and 16.40.560. All pedicab and quadricycle drivers must be certified and permitted by the City Administrator prior to providing pedicab or quadricycle services on behalf of an affiliated pedicab or quadricycle company, and drivers not meeting all required conditions will not be certified as a permitted pedicab or quadricycle driver and will not be allowed to operate as a pedicab driver. Such requirements include:
    1. 1.  Criminal and driver background checks;
    2. 2.  A valid driver’s license for quadricycle drivers or a driver’s license or government-issued photo identification for pedicab drivers; and
    3. 3.  Pedicab driver or quadricycle business license number when operating as an independent contractor.
    4. 4.  Successful completion of all City Administrator-approved driver training and testing within 30 days of providing pedicab and quadricycle Service, and successful completion of any additional training and testing must be completed within 30 days of release by the City Administrator.
  10. J.  Pedicab and quadricycle driver re-certification. The pedicab or quadricycle company must provide a list of applicant drivers for re-certification to the City Administrator within one month prior to the pedicab or quadricycle driver certification expiration. Applicant drivers must meet all conditions and be consistent with pedicab and quadricycle driver certification requirements pursuant to Sections 16.40.540 and 16.40.560. Drivers not meeting all such conditions will not be re-certified as a pedicab or quadricycle driver and may not operate as a pedicab or quadricycle driver.
  11. K.  Certification of pedicab and quadricycle vehicles. The pedicab or quadricycle company must regularly provide a list of applicant vehicles affiliated with the permitted pedicab or quadricycle company for City Administrator certification that vehicles meet requirements pursuant to Section 16.40.510 pedicab or quadricycle vehicles must be certified by the City Administrator and affiliated with a permitted pedicab or quadricycle company prior to being used to provide pedicab or quadricycle services. Vehicles not meeting all required conditions will not be certified as a permitted pedicab or quadricycle vehicle and will not be allowed to operate as a pedicab or quadricycle vehicle. Such requirements include:
    1. 1.  Vehicle safety and condition, and
    2. 2.  Pedicab or quadricycle company general liability insurance.
  12. L.  Term of certification of pedicab vehicles. Certifications for pedicab vehicles provided by the City Administrator are valid for a term of one year from date of certification.
  13. M.  Pedicab and quadricycle vehicle re-certification. The pedicab or quadricycle company must provide a list of applicant vehicles for re-certification to the within one month prior to the pedicab or quadricycle vehicle certification expiration. Applicant vehicles must meet all conditions and be consistent with pedicab or quadricycle vehicle certification requirements pursuant to Subsections 16.40.510 D. through E. for re-certification. Vehicles not meeting all such conditions will not be re-certified as a pedicab or quadricycle vehicle and may not operate.
  14. N.  Denial appeal. If a pedicab or quadricycle driver or pedicab or quadricycle 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 Portland City Code Chapter 22.10.
  15. O.  Right to a permit. The pedicab or quadricycle company’s ability to satisfy the criteria for a pedicab or quadricycle company permit does not create a right to a pedicab or quadricycle company permit.
  16. P.  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.
  17. Q.  Removal of pedicab and quadricycle drivers and pedicab and quadricycle vehicles from the Affiliated pedicab or quadricycle company. Pedicab and quadricycle Companies must provide to the City Administrator notification of affiliated pedicab and quadricycle drivers that have been prohibited from providing pedicab or quadricycle services by the affiliated pedicab or quadricycle company and pedicab or quadricycle vehicles that have been removed from the fleet of the affiliated pedicab or quadricycle company as changes occur.
  18. R.  Operating at the Port of Portland. Pedicab and quadricycle 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.
  19. S.  Failure to comply with any provision in Section 16.40.510 is a Class B violation subject to penalties provided in Sections 16.40.930 to 16.40.950.

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