16.40.610 LPT Company Permit Application Standards for Approval and/or Denial and Certification Requirements.

City Code Section

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

A.  Application. An applicant for an LPT Company permit shall annually submit to the Director:

1.  A completed application on a form supplied by the Director.

2.  Proof of registration with the Secretary of State for any corporate, LLC, or LLP entity.

3.  Proof of registration with the Secretary of State for any assumed business name, along with a listing of the registrant of such.

4.  A list of all persons or entities with more than 10 percent stock ownership if the company issues stock certificates.

5.  If the applicant LPT 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.  If the applicant LPT 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 Director may reasonably require.

7.  The applicant LPT Company’s zero-tolerance drug and non-discrimination policy.

8.  The applicant LPT Company’s user terms of service.

9.  The applicant dispatch or passenger reservation contact information.

10.  Contact information of the LPT Company’s agent of service and customer service support.

11.  A nonrefundable application fee.

B.  All fines and penalties must be paid prior to the City issuing or reissuing an LPT company permit.

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.

D.  Insurance. All LPT permit holders shall comply with LPT insurance requirements pursuant to Section 16.40.630. All LPT Companies shall file a certificate of liability and applicable endorsements with the Director that evidences insurance coverage and terms that are in compliance with the requirements.

E.  Director Review Process. After receiving a completed LPT Company application form and upon successful completion of all the requirements pursuant to Section 16.40.610, the Director shall review the application in order to make a recommendation to the Commissioner-in-Charge for approval or denial.

F.  Application Approval. Upon approval by the Commissioner-in-Charge, the Director may be directed to issue an LPT Company permit.

G.  Application Denial. The Application shall be denied for any of the following:

1.  The LPT Company applicant fails to submit all required information and documentation, including valid proof of insurance;

2.  The LPT Company applicant leases, permits, or otherwise allows other entities not affiliated with the LPT Company and certified by the Director to operate LPT services;

3.  The application has a material misstatement or omission; or

4.  The LPT Company application is incomplete.

H.  Denial Appeal. If the application is denied, the applicant LPT Company may appeal the decision to the Code Hearings Officer under the provisions of Chapter 22.10.

I.  Providing LPT Services. LPT Services shall be provided only by a permitted LPT Company.

J.  Certification of LPT Drivers. The LPT Company shall regularly provide a list of applicant drivers affiliated with the permitted LPT for Director certification that drivers meet requirements in Section 16.40.670 on a form approved by the Director. Drivers shall be certified and permitted by the Director prior to providing LPT services on behalf of the affiliated LPT Company, and LPT Drivers not meeting all required conditions will not be certified as a permitted LPT Driver and will not be allowed to operate as an LPT Driver. Such requirements include:

1.  Criminal and driver background checks;

2.  Automobile liability insurance for independent contractors;

3.  A valid driver’s license; and

4.  Successful completion of all Director-approved driver training and testing within 30 days of providing LPT Service, and successful completion of any additional training and testing must be completed within 30 days of release by the Director.

K.  LPT Driver Re-certification. The LPT Company shall provide a list of applicant drivers for re-certification to the Director within 1 month prior to the LPT Driver certification expiration, on a form approved by the Director. Applicant drivers shall meet all conditions and be consistent with LPT Driver certification requirements pursuant to Section 16.40.670. Drivers not meeting all such conditions will not be re-certified as an LPT Driver and shall not be allowed to operate as an LPT Driver.

L.  Certification of LPT Vehicles. The LPT Company shall regularly provide a list of applicant vehicles affiliated with the permitted LPT Company for Director certification that vehicles meet requirements pursuant to Sections 16.40.650 and 16.40.660 on a form approved by the Director. Vehicles shall be certified by the Director and affiliated with a permitted LPT Company prior to providing LPT Services. Vehicles not meeting all required conditions will not be certified as a permitted LPT vehicle and will not be allowed to operate as an LPT Vehicle. Such requirements include:

1.  Vehicle ASE safety inspection;

2.  Vehicle registration and licensing;

3.  Vehicle properly equipped and in good condition;

4.  LPT Company general and motor vehicle liability insurance; and

5.  Automobile liability insurance, as required by state law.

M.  Term of Certification of LPT Vehicles. Certifications for LPT Vehicles provided by the Director shall be valid for a term of 1 year from the date of Director certification.

N.  LPT Vehicle Re-certification. The LPT Company shall provide a list of applicant vehicles for re-certification to the Director within 1 month prior to the LPT Vehicle certification expiration, on a form approved by the Director. Applicant vehicles shall meet all conditions and be consistent with LPT Vehicle certification requirements pursuant to Sections 16.40.650 and 16.40.660 for re-certification. Vehicles not meeting all such conditions will not be re-certified as an LPT Vehicle and shall not be allowed to operate as an LPT Vehicle.

O.  Denial Appeal. If an LPT Driver or LPT Vehicle certification is denied, suspended, or revoked by the Director, the applicant driver may appeal the decision to the Code Hearings Officer under the provisions of Chapter 22.10.

P.  Right to a Permit. The LPT Company’s ability to satisfy the criteria for an LPT Company permit does not create a right to an LPT Company permit.

Q.  Transferring Permits. Transferring permits shall be 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 5 business days.

R.  Removal of LPT Drivers and Vehicles from the Affiliated LPT Company. LPT Companies shall provide to the Director notification of affiliated LPT Drivers that have been prohibited from providing LPT services by the affiliated LPT Company and LPT Vehicles that have been removed from the fleet of the affiliated LPT Company as changes occur.

S.  Operating at the Port of Portland. LPT Companies, Drivers, and Vehicles are prohibited from operating at the Portland International Airport without a City of Portland permit/certification and specific permission or approval from the Port of Portland.

T.  Failure to comply with any provision in Section 16.40.610 is a Class B violation subject to penalties provided in Sections 16.40.930 through 16.40.950.