ANCHORAGE, ALASKA AO No. 2016-_____

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Submitted by: Assemblymember Evans Prepared by: Department of Law For reading:

ANCHORAGE, ALASKA AO No. 2016-_____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44

AN ORDINANCE OF THE ANCHORAGE ASSEMBLY AMENDING ANCHORAGE MUNICIPAL CODE TITLE 11 TO IMPROVE TAXICAB SERVICES BY FOSTERING MORE COMPETITION AND RELATED MATTERS INVOLVING THE SUPPLY AND DEMAND FRAMEWORK FOR TRANSPORTATION SERVICES. WHEREAS, substantial geographic areas of the Municipality of Anchorage have been historically underserved by the existing regulated taxi industry; and WHEREAS, the Municipality of Anchorage has had a long-acknowledged shortage of regulated taxis available at certain high-demand periods, in particular during “bar break”; and WHEREAS, it is the policy of the Anchorage Assembly to foster reasonable and competitive transportation options for the citizens of Anchorage, and allowing the market to determine the volume of taxicabs operating, rather than having the government mandate the number of permits issued by regulation, and WHEREAS, based upon the experience of other jurisdictions, competition by phased changes to ultimately removing the cap on the number of taxicab permits issued within the Municipality is a prudent and reasonable approach to achieve the objectives of this ordinance and reduce any impact on current permit owners; and WHEREAS, this ordinance provides for phased increases in the number of taxicab permits allowed to operate within the Municipality, and to allow annual review of the impacts on service quality and transportation needs; now, therefore THE ANCHORAGE ASSEMBLY ORDAINS: Section 1. Anchorage Municipal Code section 11.10.140 is hereby amended to read as follows: 11.10.140 Renewal of license or permit. A.

A permit or dispatch service license issued pursuant to chapters 11.10 through 11.40 of this title, other than a vehicle for hire permit issued for a designated period of six months or less by the applicant, shall be valid until December 31 immediately following the date of its original issuance, unless a different expiration date is set by the commission at the time of issuance. Thereafter such a permit or dispatch service license shall be renewable for a term of one year, commencing on January 1. A chauffeur's license issued pursuant to chapter 11.30 shall be valid for two years from the date of issuance. A temporary vehicle for hire permit issued for a designated period of six months or less shall

AO amending Title 11 regarding Competition and Supply and Demand Framework for Taxicab Industry

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expire at the end of that period. A permit, dispatch service, or chauffeur's license shall expire automatically unless an application for its renewal is received by the transportation inspector before its expiration date. B.

An application to renew a taxicab, limousine or vehicle for hire permit, or to renew a chauffeur's license or a dispatch license shall be made to the transportation inspector in the same manner as an original application and shall be treated in the same manner as an original application except that for license renewal, a chauffeur need not comply with subsection 11.30.020B.3.

C.

If a permittee, chauffeur or dispatch service is no longer qualified to hold his or her taxicab, limousine, or vehicle for hire permit or license at the time of renewal, the transportation inspector shall not renew the permit or license, and it shall lapse and become ineffective. If an applicant to renew a taxicab permit is no longer qualified, that permit shall become available for re-issuance in the same manner as a new permit in accordance with section 11.20.030. The re-issued permit shall be in addition to any new permits scheduled for issuance.

D.

Any person who has forfeited a license or taxicab, limousine or vehicle for hire permit pursuant to section 11.10.110 may not apply for a new license or taxicab, limousine or vehicle for hire permit for a period of one year.

E.

An application to renew a taxicab, limousine or vehicle for hire permit shall be accompanied by evidence the applicant maintains or participates in maintenance of an approved chauffeur training program pursuant to section 11.20.130.

(AO No. 78-177; AO No. 80-19(S); AO No. 81-149; AO No. 87-8; AO No. 87126(S); AO No. 88-21; AO No. 93-220, § 11, 8-21-94; AO No. 94-214(S), § 2, 12-13-94; AO No. 95-219(S), § 1, 12-31-95; AO No. 98-51(S), § 1, 5-4-99; AO No. 2013-109(S-1), § 1, 12-3-13) Section 2. Anchorage Municipal Code section 11.20.010 is hereby amended to read as follows (the remainder of the section is not affected and therefore not set out): 11.20.010 Taxicabs—Permit required. *** D.

*** *** No person may provide taxicab service pursuant to a taxicab permit except in accordance with this title. [NO PERSON MAY PROVIDE TAXICAB SERVICE PURSUANT TO A LIMITED TAXICAB PERMIT EXCEPT IN ACCORDANCE WITH THIS TITLE AND ALL CONDITIONS ESTABLISHED BY THE COMMISSION FOR THAT LIMITED TAXICAB PERMIT UNDER SECTION 11.20.035.]

AO amending Title 11 regarding Competition and Supply and Demand Framework for Taxicab Industry

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*** *** *** (AO No. 78-177; AO No. 84-18; AO No. 85-87; AO No. 87-126(S); AO No. 9851(S), § 2, 5-4-99) Section 3. Anchorage Municipal Code section 11.20.016 is hereby amended to read as follows: 11.20.016 Taxicab permit types. A. The following taxicab permit types exist: 1[A]. Transferable general taxicab permits originally issued prior to February 22, 1994; [B. LIMITED TAXICAB PERMITS ISSUED PURSUANT TO AMC 11.20.035; AND] 2. [C.] Non-transferable taxicab permits issued pursuant to AMC 11.20.037; and 3. Wheelchair-accessible taxicab permits issued pursuant to section 11.20.037F. B.

Prior to September 1, 2020, the owner of a transferable taxicab permit described in subsection A.1. may apply with the transportation inspector for a certificate of ownership. The certificate of ownership shall exempt the holder from the requirements of 11.20.037 to be an operator and drive the permitee’s taxicab for a minimum number of hours per year. A certificate of ownership is non-transferable. The intent of a certificate of ownership is to allow a current holder of a transferable permit to continue to own and operate the permitted taxicab regardless of qualifications to be an owner/operator and prevent the revocation of the permit on that basis.

(AO No. 98-51(S), § 2, 5-4-99) Section 4. Anchorage Municipal Code section 11.20.020 is hereby amended to read as follows: 11.20.020 Taxicabs—Application for permit. A.

An application for a taxicab permit shall be made to the transportation inspector. The transportation inspector shall refuse to accept any application unless it pertains to a [LIMITED OR] non-transferable or wheelchair-accessible taxicab permit.

B.

An application for all types of taxicab permits shall be submitted on a form approved by the transportation inspector and shall be accompanied by: 1. The fee specified in section 11.10.160;

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2. 3. 4. 5.

C.

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Proof of insurance for the vehicle as required by this title; A complete list of the name, address and telephone number of every person who shall have a financial, proprietary, or security interest in the permit; Proof that the applicant is at least 18 years of age; A signed statement that the permit applicant acknowledges and accepts the permit requirement to: a. Maintain or participate in the maintenance of a chauffeur training and test program as specified and approved by this title and applicable regulations. i. Chauffeur training and testing shall be based upon an approved curriculum as described in section 11.30.020 C. and shall be offered in a manner and frequency as annually approved by the transportation inspector. ii. The transportation inspector shall regularly make available a Municipal site and appropriate Municipal resources and personnel, at no cost to permittees, to facilitate accomplishment of a successful training and testing program. All other chauffeur training and testing costs, other than an assembly-approved training and testing fee assigned to chauffeur applicants, shall be borne by the permittees. b. Comply with the drug and alcohol testing program described in section 11.10.085. c. Maintain, and to make available to the transportation inspector, records of service and complaints, as described in chapters 11.10—11.40. d. Equip and maintain every vehicle in safe and good working order, as described in section 11.20.080.

Issuance and annual renewal of non-transferable permits. Applicants for new non-transferable general taxicab or wheelchair-accessible [LIMITED] taxicab permits must meet these requirements: 1. Applicants who have had their chauffeur's license revoked in the preceding two (2) years shall not be eligible. 2. For the five (5) year period immediately preceding the application, a permit applicant shall have no felony or misdemeanor conviction entered by a court of competent jurisdiction for: a. Assignation, prostitution, solicitation for the purpose of prostitution, offering to secure another for the purpose of prostitution, maintaining a vehicle for the purpose of prostitution or accepting money from a prostitute; or b. Sale, transportation, possession or use of any controlled substance as defined by AS 11.71 or a similar law of

AO amending Title 11 regarding Competition and Supply and Demand Framework for Taxicab Industry

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another jurisdiction. 3. Applicants that have had no felony or misdemeanor conviction involving the use or occupancy of a regulated vehicle under chapters 11.10—11.40. For purposes of this subsection a currently active chauffeur is a chauffeur currently licensed by the transportation commission in good standing with the commission and in compliance with section 11.10.110 A., section 11.10.170, and who annually chauffeurs a vehicle operating under a transportation commission permit no fewer than 500 hours per year. D.

If the commission decides to issue an additional permit or permits in accordance with section 11.20.030, 11.20.035, or 11.20.037, a taxicab permit may be issued by the Commission if [OF] the applicant complies with subsections B. through D. of this section, and is certified as required by section 11.10.170.

(AO No. 57-75; AO No. 78-177; AO No. 80-19(S); AO No. 81-149; AO No. 8418; AO No. 85-87; AO No. 87-8; AO No. 87-126(S); AO No. 93-220, §§ 13, 14, 8-21-94; AO No. 98-51(S), § 2, 5-4-99; AO No. 2013-109(S-1), § 2, 12-3-13) Section 5. Anchorage Municipal Code section 11.20.030 is hereby amended to read as follows: 11.20.030 A.

Taxicabs—Issuance of permit.

Taxicab permits shall be issued annually in accordance with this section. Prior to September 1 each year, the Transportation Commission shall hold a taxicab market-conciliation hearing to: 1.

Receive testimony and evidence regarding the quality of taxicab service, safety of riders, drivers and the public, and other concerns with taxicab service in the municipality;

2.

Beginning in the year 2021, determine whether evidence at the public hearing relevant to subsection A.1. above demonstrates on objective and specific evidence that additional general taxicab permits will be substantially detrimental to public safety and quality of taxicab service in the municipality as a whole. Evidence that additional competitive pressure occasioned by the issuance of additional permits would be detrimental to existing permit holders will not, in and of itself, constitute sufficient evidence to support restricting the issuance of permits;

3.

Determine how many permits for wheelchair accessible taxicabs should be issued effective the following year, if any, and

AO amending Title 11 regarding Competition and Supply and Demand Framework for Taxicab Industry

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including whether any expired or revoked wheelchair-accessible taxicab permits should be re-issued; and 4.

Until the year 2021, establish a date to hold a drawing pursuant to subsection D. for new or re-issued taxicab permits authorizing service the following year.

[THE

TOTAL NUMBER OF EACH TYPE OF OUTSTANDING TAXICAB PERMITS SHALL BE DETERMINED BY THE PUBLIC CONVENIENCE AND NECESSITY. ANY PERSON OR ANY MEMBER OF THE COMMISSION MAY INITIATE COMMISSION INQUIRY INTO THE PUBLIC CONVENIENCE AND NECESSITY FOR ISSUANCE OF ADDITIONAL PERMITS. ONE OR MORE PUBLIC HEARINGS REGARDING PUBLIC CONVENIENCE AND NECESSITY SHALL BE HELD TO DETERMINE IF THE PUBLIC CONVENIENCE AND NECESSITY WARRANTS ISSUANCE OF ONE OR MORE ADDITIONAL LIMITED AND NON-TRANSFERABLE PERMITS. THE COMMISSION SHALL HOLD AN INQUIRY INTO THE PUBLIC CONVENIENCE AND NECESSITY AT LEAST ONCE IN A 24-MONTH PERIOD.]

B.

At the taxicab market-conciliation hearing conducted pursuant to subsection A of this section, the Commission may consider, among other things, evidence of: 1. The public demand for additional taxi service [, WHETHER LIMITED OR NON-TRANSFERABLE]; 2. The unfulfilled requests for service, including for wheelchairaccessible taxicab service; 3. The reasonableness of waiting time for service; 4. The economic impact of additional permits on the quality of service provided by [VIABILITY OF] the existing taxicab industry; and 5. The impact of competition for passengers among all taxicab permits on public safety and quality of taxicab service [THE TYPE OF PERMIT WHICH WOULD MEET THE DEMAND FOR ADDITIONAL SERVICE].

C.

Beginning with the taxicab market-conciliation hearing in 2021, the Commission shall order the issuance of new or re-issued general and wheelchair-accessible taxicab permits to qualified applicants, unless [IF] the commission finds by clear and convincing evidence presented at the public hearing that the public safety and quality of service standards will be substantially harmed or significantly negatively impacted [CONVENIENCE AND NECESSITY WOULD BE BEST SERVED] by the issuance of more [ONE OR MORE ADDITIONAL LIMITED OR NON-TRANSFERABLE] taxicab permits of any type.[, t]The commission shall issue a written decision describing its findings and conclusions and adopted by the commission. Only in the year 2021 and thereafter shall the Commission have authority to order that no new taxicab permits shall issue for the following year based on its determinations under subsection A. Until

AO amending Title 11 regarding Competition and Supply and Demand Framework for Taxicab Industry

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the taxicab market-conciliation hearing in 2021, the Commission shall issue permits according to the following schedule: 1.

The Commission shall make available by lottery fifteen (15) new taxicab permits and five (5) new wheelchair-accessible taxicab permits for 2017. Each permit shall cost nineteen hundred and eighty dollars ($1,980). The lottery drawing selection for permits shall occur at least thirty (30) days prior to December 31, 2016 and shall be open to the public. The Commission shall establish a date by which all applications for permits to be included in the lottery must be submitted. Applicants selected via the lottery drawing for permits shall make full payment for such permit within five (5) business days of the lottery drawing.

2.

The Commission shall make available by lottery fifteen (15) new taxicab permits and five (5) new wheelchair-accessible taxicab permits for 2018. Each permit shall cost nineteen hundred and eighty dollars ($1,980). The lottery drawing selection for permits shall occur at least thirty (30) days prior to December 31, 2017 and shall be open to the public. The Commission shall establish a date by which all applications for permits to be included in the lottery drawing must be submitted. Applicants selected via the lottery drawing for permits shall make full payment for such permit within five (5) business days of the lottery drawing.

3.

The Commission shall make available by lottery drawing twenty (20) new taxicab permits and two (2) new wheelchair-accessible taxicab permits for 2019. Each permit shall cost nineteen hundred and eighty dollars ($1,980). The lottery-drawing selection for permits shall occur at least thirty (30) days prior to December 31, 2018 and shall be open to the public. The Commission shall establish a date by which all applications for permits to be included in the lottery drawing must be submitted. Applicants selected via the lottery drawing for permits shall make full payment for such permit within five (5) business days of the lottery drawing.

4.

The Commission shall make available by lottery drawing twenty (20) new taxicab permits and two (2) new wheelchair-accessible taxicab permits for 2020. Each permit shall cost nineteen hundred and eighty dollars ($1,980). The lottery drawing selection for permits shall occur at least thirty (30) days prior to December 31, 2019 and shall be open to the public. The Commission shall establish a date by which all applications for permits to be included in the lottery drawing must be submitted. Applicants selected via the lottery drawing for permits shall make full payment for such permit within five (5) business days

AO amending Title 11 regarding Competition and Supply and Demand Framework for Taxicab Industry

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of the lottery drawing. 5.

The Commission shall make available by lottery drawing thirty (30) new taxicab permits and two (2) new wheelchair-accessible taxicab permits for 2021. Each permit shall cost nineteen hundred and eighty dollars ($1,980). The lottery drawing selection for permits shall occur at least thirty (30) days prior to December 31, 2020 and shall be open to the public. The Commission shall establish a date by which all applications for permits to be included in the lottery drawing must be submitted. Applicants selected via the lottery drawing for permits shall make full payment for such permit within five (5) business days of the lottery drawing.

[SUCH

TAXICAB PERMIT OR PERMITS SHALL BE ISSUED IN THE MANNER PROVIDED IN SUBSECTION D. OF THIS SECTION. IF THE COMMISSION DETERMINES THAT CONSIDERATION OF A SPECIFIC TYPE OF LIMITED PERMIT IS APPROPRIATE, AN ADDITIONAL PUBLIC HEARING THEREON SHALL BE HELD FOLLOWING PUBLIC NOTICE SETTING FORTH THE SPECIFIC TYPE OF LIMITED PERMIT UNDER CONSIDERATION.]

D.

This subsection applies only to the taxicab permit- issuance schedule in subsections C.1-C.5. No later than 60 [120] days before the established lottery drawing date [AFTER THE COMMISSION ADOPTS WRITTEN FINDINGS AND CONCLUSIONS THAT ANY NEW TAXICAB PERMITS SHOULD BE ISSUED], the transportation inspector shall cause the process [COMPETITIVE SEALED BIDDING] for the issuance of permit(s) to be initiated

as follows: 1. A notice of the lottery drawing date and contact for application information shall be publically noticed. [AN INVITATION TO BID] for the permit shall be published. [THE PERMIT SHALL BE ISSUED TO THE HIGHEST QUALIFIED BIDDER.] 2. To be responsive, an application [A BID] must include [EQUAL OR EXCEED] the taxi permit application non-refundable processing fee of $100 [ISSUANCE FEE STATED IN SECTION 11.10.160]. 3. As used in this section, the term “responsive application” ["QUALIFIED BIDDER"] means the applicant is a person who meets the requirements of section 11.20.020, meets the requirements for the type of permit to be issued, and if successfully awarded a permit via the lottery drawing tenders the taxicab permit fee in full [SUCCESSFUL FULL BID PRICE IN CASH] within five (5) business days following the lottery. 4. If the person fails to tender the permit fee, the transportation inspector will not issue the permit and may, in the transportation inspector’s discretion, either notice and conduct an additional lottery drawing for such unissued permits or add any unissued permits to the total number of permits permitted for the following

AO amending Title 11 regarding Competition and Supply and Demand Framework for Taxicab Industry

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year’s lottery drawing. If there is an insufficient number of applicants for the number of permits to be issued under subsection C., the transportation inspector shall add the number of unissued permits to the following year’s lot, notwithstanding the limitation on number of permits to issue the following year under subsection C. [HIGHEST BIDDER IS NOT A QUALIFIED BIDDER, THE PERMIT SHALL BE ISSUED TO THE NEXT HIGHEST BIDDER WHO IS ALSO A QUALIFIED BIDDER. IF NONE OF THE BIDDERS ARE ALSO QUALIFIED BIDDERS, THE TRANSPORTATION INSPECTOR SHALL AGAIN OFFER THE PERMIT BY COMPETITIVE SEALED BIDDING AS PROVIDED BY THIS SECTION WITHIN 180 DAYS OF THE DETERMINATION THAT NO BIDDERS ARE QUALIFIED.]

E.

Beginning January 1, 2022, the transportation inspector shall issue a general or wheelchair-accessible taxicab permit to any qualified applicant for such permit at any time, unless the Commission has ordered that such permits shall not be issued that calendar year. The permit fee shall be in an amount established by the Commission to reflect the administrative cost for administering, processing, overseeing and maintain the taxicab system established under this Title. The establishment of the permit fee as determined by the commission and any subsequent changes to the fee must be approved by resolution of the Assembly [NO PERSON MAY APPLY FOR A HEARING PURSUANT TO SUBSECTION A OF THIS SECTION WITHIN ONE HUNDRED TWENTY (120) DAYS AFTER ONE OR MORE NEW PERMITS AUTHORIZED FOR ISSUANCE PURSUANT TO THIS SECTION HAVE BEEN ACTUALLY ISSUED. THE COMMISSION MAY CONSOLIDATE MULTIPLE HEARING REQUESTS IF IT DEEMS IT APPROPRIATE TO DO SO.]

(AO No. 57-75; AO No. 78-177; AO No. 81-149; AO No. 84-18; AO No. 85-87; AO No. 93-220, § 16, 2-22-94; AO No. 98-51(S), § 2, 5-4-99; AO No. 2013109(S-1), § 2, 12-3-13) Section 6. Anchorage Municipal Code section 11.20.035 is hereby repealed. The text of the section is set forth below with legislative editing indicated: 11.20.035 Taxicabs—Limited permits. (Repealed) [A.

THE ANCHORAGE TRANSPORTATION COMMISSION

MAY ISSUE LIMITED TAXICAB PERMITS PURSUANT TO WHICH A TAXICAB MAY BE OPERATED FOR SPECIFIC TIME PERIODS AND/OR ONLY WITHIN A SPECIFIC GEOGRAPHIC AREA UPON SUCH TERMS AND CONDITIONS AS THE COMMISSION MAY DETERMINE BEST SERVE THE PUBLIC CONVENIENCE AND NECESSITY. IN EVALUATING THE FACTORS FOR PUBLIC CONVENIENCE AND NECESSITY UNDER SECTION 11.20.030.B THE COMMISSION SHALL CONSIDER THE FOLLOWING ITEMS WHICH RELATE TO THE NEED FOR LIMITED PERMITS: DEMOGRAPHIC CHANGES

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B.

C.

D.

F.

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IN MUNICIPAL-WIDE RESIDENT POPULATION SINCE THE LAST ISSUANCE OF NEW PERMITS; CHANGES IN RESIDENT POPULATIONS, TRAFFIC PATTERNS OR PUBLIC TRANSIT SERVICES IN SPECIFIC REGIONS OF THE MUNICIPALITY; THE DEMOGRAPHIC AND TRANSPORTATION IMPACT OF VISITORS AND CHANGES IN THAT IMPACT SINCE THE LAST ISSUANCE OF NEW PERMITS; AND THE PUBLIC INTEREST AND CONVENIENCE THAT MAY BE SERVED BY ISSUANCE OF LIMITED PERMITS PROVIDING VARIED LEVELS OR KINDS OF PUBLIC TRANSPORTATION SERVICE. IF THE COMMISSION DETERMINES BY A PREPONDERANCE OF THE EVIDENCE PRESENTED AT THE HEARING THAT THE PUBLIC CONVENIENCE AND NECESSITY WOULD BE BEST SERVED BY THE ISSUANCE OF ONE OR MORE LIMITED TAXICAB PERMITS, SUCH LIMITED TAXICAB PERMITS SHALL BE ISSUED UNDER PROCEDURES SET OUT IN SECTION 11.20.030 TO ANY APPLICANT WHO MEETS THE COMMISSION CRITERIA ESTABLISHED FOR THE LIMITED USE PERMIT, THE CRITERIA PURSUANT TO SECTION 11.20.050, AND THE RELATED CRITERIA PURSUANT TO SECTIONS 11.20.070 THROUGH 11.30.140. LIMITED USE PERMITTEES MAY JOIN EXISTING DISPATCH SERVICES AT A RATE TO BE DETERMINED BY THE DISPATCH SERVICE. ALTERNATIVELY, LIMITED PERMITTEES MAY ESTABLISH THEIR OWN DISPATCH SERVICES AT AN ANNUAL DISPATCH LICENSE FEE OF TWO HUNDRED FIFTY DOLLARS ($250.00) PER VEHICLE FOR ONE (1) THROUGH NINE (9) VEHICLES. ALL DISPATCHING MANDATES OF SECTION 11.20.060, INCLUDING THE LOGGING AND SUBMITTAL OF COMPLAINT AND CITATION INFORMATION, APPLY TO LIMITED DISPATCHING SERVICES. NOTWITHSTANDING THE PROVISIONS OF SECTION 11.20.040, A PERMIT ISSUED PURSUANT TO THIS SECTION SHALL NOT BE TRANSFERABLE THROUGH SALE, LEASE, RENTAL OR ANY OTHER MANNER OF CONVEYANCE. BEFORE ISSUING A LIMITED TAXICAB PERMIT, THE COMMISSION SHALL SET A DATE FOR TERMINATION OF THE PERMIT. ISSUANCE AND ANNUAL RENEWAL OF LIMITED TAXICAB PERMITS SHALL BE RESTRICTED TO LICENSED CHAUFFEURS WHO ARE BOTH OWNERS AND OPERATORS OF THE TAXICAB OPERATING UNDER THE LIMITED PERMIT. FOR PURPOSES OF THIS SECTION A LIMITED PERMIT OWNER OPERATOR IS AN INDIVIDUAL PERSON PERMITTEE (1) WHOSE PERMITTED VEHICLE IS REGISTERED TO AND INSURED BY THE PERMITTEE, AND (2) WHO ANNUALLY OPERATES THE PERMITTED VEHICLE AS CHAUFFEUR, DISPATCHER OR DIRECT MANAGER OF THE PERMITTED SERVICE NO FEWER THAN 500 HOURS PER YEAR OR 25 PERCENT OF THE ANNUAL PERIOD FOR WHICH THE PERMIT IS GRANTED, WHICHEVER IS LESS. FAILURE TO MEET THESE CRITERIA SHALL RESULT IN REVOCATION AND DENIAL OF PERMIT RENEWAL FOLLOWING THE PROCEDURES IN SECTION 11.10.110. PERMITTEES WITH LIMITED PERMITS ARE SUBJECT TO ALL REVOCATION, SUSPENSION, AND PENALTY CONDITIONS DESCRIBED IN CHAPTERS 11.20 AND

11.30.] (AO No. 84-18; AO No. 93-220, § 17, 2-22-94; AO No. 98-51(S), § 2, 5-4-99)

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Section 7. Anchorage Municipal Code section 11.20.037 is hereby amended to read as follows: 11.20.037 Non-transferable permits. A.

The commission may issue non-transferable taxicab permits pursuant to which a taxicab may be operated throughout the municipality by an owner-operator.

B.

Reserved. [IN

C.

Notwithstanding the provisions of section 11.20.040, a permit issued pursuant to this section shall not be transferable through sale, lease, rental, or any other manner of conveyance.

D.

Issuance and annual renewal of non-transferable taxicab permits shall be restricted to licensed chauffeurs who are both owners and operators of the taxicab operating under the limited permit. For purposes of this section a non-transferable permit owner operator is an individual person (1) whose permitted vehicle is registered to and insured by the permittee, and (2) who annually operates the permitted vehicle as chauffeur of the permitted taxicab not less than [FEWER THAN 1,000 HOURS PER YEAR OR] 50 percent of the time the taxicab is operated during the annual period for which the permit is granted, whichever is less. Failure to meet these [THIS] criteria shall result in revocation and denial of permit renewal following the procedures in section 11.10.110.

E.

Permittees with non-transferable permits are subject to all revocation, suspension, and penalty conditions described in chapters 11.10 through 11.40.

F.

[After and pursuant to a PUBLIC CONVENIENCE AND NECESSITY hearing, as prescribed in section 11.20.030, the commission may issue from time to time, a LIMITED number of non-transferable permits] wheelchairaccessible taxicab permits are designed to meet the needs of persons with disabilities for demand-responsive transportation. Such permits would be allocated only for accessible vehicles or for other vehicles designed to satisfy specific needs of persons with disabilities that may be identified. Only vehicles designed by the manufacturer, or adapted by a recognized after-market conversion, to be capable of fulfilling the specific intended purpose shall be eligible for and operated pursuant

ITS EVALUATION OF PUBLIC CONVENIENCE AND NECESSITY UNDER SECTION 11.20.030, NON-TRANSFERABLE PERMITS SHALL BE PREFERRED OVER LIMITED PERMITS IF THE COMMISSION DETERMINES THAT, BASED UPON THE EVIDENCE PRESENTED, (1) OWNER-OPERATOR PERMITS WILL BETTER SERVE THE STANDARDS FOR SERVICE SET FORTH IN THIS TITLE; AND (2) A LIMITED TAXICAB PERMIT WILL NOT BE SUFFICIENT TO SATISFY THE NEED FOR SERVICE.]

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these permits. Before vehicles operated pursuant to these permits are authorized for service, the permittee shall submit to the transportation inspector documentation from the manufacturer or an original letter from the recognized after-market conversion company indicating that the vehicle modifications have been done so in accordance with the Americans with Disabilities Act and its implementing regulations and specifications, including the 2010 Standards for Accessible Design, and that the vehicle is considered an accessible vehicle in compliance with all applicable ADA specifications and requirements. Permits granted under this section shall be subject to all other provisions of this title and AMCR 11.10 and 11.20 applicable to taxicabs. G.

Provision of service by taxicabs permitted under subsection F. is not restricted to passengers with disabilities, but they shall be operated to respond first to dispatched calls requesting an accessible taxicab when in service and not occupied by other passengers. Taxicabs permitted under subsection F. shall, at a minimum, be in operation 8:00 a.m. to 5:00 p.m. Monday through Friday, except for legal holidays. This time of operations requirement does not preclude operation at any other time. Ramps and lifts, or other specialized equipment designed to meet specific needs of persons with disabilities that may be identified, shall be operable at all times; malfunctioning ramps/lifts/other specialized equipment must be repaired within 96 hours. An accessible taxicab permitted under subsection F. may be operated while the specialized equipment is being repaired. However, days operated with nonfunctioning specialized equipment shall count as days not operated under the provisions of section 11.10.110 B.1.a. and shall be considered in a determination to suspend or revoke the permit.

(AO No. 98-51(S), § 2, 5-4-99; AO No. 2001-85, § 1, 5-22-01; AO No. 2013109(S-1), § 2, 12-3-13) Section 8. Anchorage Municipal Code section 11.20.040 is hereby amended to read as follows: 11.20.040 Taxicabs—Transfer of permit. A.

No person may transfer any financial, proprietary, or security interest in a taxicab permit or any interest in the corporation, joint venture, association, partnership, or other group or entity which owns an interest in a taxicab permit originally issued prior to February 22, 1994, unless that person obtains the prior approval of the Commission.

B.

[NEW] pPermits issued subsequent to February 22, 1994, shall not be transferrable, and [BUT NON-TRANSFERABLE AND LIMITED PERMITS] shall revert to the Commission when the permittee is determined by the Transportation Inspector or by the annual permit renewal process to no

AO amending Title 11 regarding Competition and Supply and Demand Framework for Taxicab Industry

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longer be eligible to hold a permit, including when the permittee is no longer a currently active taxicab chauffeur as required in section 11.20.020[.]D. C.

Regardless of the date, terms or purpose of transfer of a taxi permit, any violations, complaints, citations or other actions to a permit which could be considered by the Commission under section 11.10.110 in determining whether to suspend or revoke a license or permit shall be treated by the Commission as applying to that permit as if the permit had not been transferred.

D.

Only a taxicab permittee possessing a transferable general taxicab permit originally issued prior to February 22, 1994, can transfer his or her interest in a taxicab permit to another. An application for transfer shall be made to the Transportation Inspector on forms approved by the Transportation Inspector and shall be accompanied by a proposed contract of sale which states the specific consideration to be paid by the transferee, as well as all other material conditions of the sale. If the transferee meets the requirements of this section and those of section 11.20.020 for the issuance of a permit, the Commission shall approve the transfer. A dispute arising from an underlying contract of sale is not grounds to refuse the transfer of a taxicab permit. The application for transfer shall identify all parties who have or are proposed to have either a financial, proprietary, or security interest in the permit.

E.

Nothing in this chapter shall be interpreted to grant any property rights of any kind to any permitee or any other person. All rights and restrictions created by the express language of this chapter may be expanded, reduced or eliminated at any time by ordinance or by regulation of the license administrator or other officer.

(AO No. 78-177; AO No. 80-19(S); AO No. 81-149; AO No. 84-18; AO No. 878; AO No. 93-220, § 18, 2-22-94; AO No. 98-51(S), § 2, 5-4-99) Section 9. Anchorage Municipal Code section 11.20.340 is hereby amended to read as follows: 11.20.340

Vehicle for hire – Restriction on service.

A.

It is unlawful for a vehicle for hire chauffeur to transport passengers pursuant to a curbside hail or other request for immediate service. A chauffeur may transport a passenger only pursuant to a call for service received by the business office and then referred to that vehicle for hire.

B.

A medical transport vehicle for hire shall not accept Medicaid vouchers

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directly or indirectly as remuneration for transporting passengers. (AO No. 87-8; AO No. 87-126(S); AO No. 98-51(S), § 2, 5-4-99; AO No. 2013109 (S-1), § 2, 12-3-13)

Section 10. Anchorage Municipal Code section 11.10.010 is hereby amended to read as follows (the remainder of the section is not affected and therefore not set out): 11.40.053

Communication requirement between dispatchers and taxicab chauffeurs.

A.

Two-way radio communication. Each dispatch company licensed under this title must operate and maintain a two-way communications system between dispatchers and taxicab chauffeurs. The two-way communications system shall allow each chauffeur on a dispatch company radio frequency to monitor dispatcher transmissions and transmissions from other chauffeurs on that dispatch company radio frequency unless they met requirements of subsection B.

B.

Computerized dispatch communication. Any dispatch company which has installed and is using a GPS based electronic dispatch system which transmits digital communication to and from its taxicabs is not required to maintain continuous two-way voice communication between its taxicabs and dispatch service.

C.

Digital dispatch system. In addition to the alternative requirements of two-way radio or computerized dispatch communication capability, a licensed dispatch service company may supplement its services with a digital dispatch system as defined in section 11.10.010.

D.

Any dispatch company which has installed and is using a GPS based electronic dispatch system or digital dispatch system which transmits digital communications to and from its taxicabs is not required to have radio identifiers from the taxis to the dispatch when on voice.

(AO No. 98-187, § 8, 3-15-99; AO No. 98-51(S), § 4, 5-4-99) Section 11. Anchorage Municipal Code section 14.60.030 is hereby amended to read as follows (the remainder of the section omitted is not affected and therefore not set out):

43

14.60.030 Fine schedule.

44

The fine schedule under this chapter is as follows:

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Code Section

Offense

Penalty/Fine

*** *** ***

*** *** ***

*** *** ***

11.10.130C.

Any violation of chapters 11.10 through 11.40, or a regulation in AMCR title 11, is subject to a civil penalty for such violations as follows (citation shall identify specific section violated): First violation:

Not to exceed $100.00

Second violation:

Not to exceed $300.00

Third violation:

Not to exceed $750.00

Fourth and subsequent violations:

Any of the above penalties. $500 above previous violation

Suspensions and revocations of licenses or permits imposed contemporaneously by the Transportation Inspector are appealed separately in accordance with procedures in Section 11.10.100 11.30.150

Safety equipment tampering First violation: Second violation:

$250.00 $350.00 $500.00

AO amending Title 11 regarding Competition and Supply and Demand Framework for Taxicab Industry

Third violation: Fourth and subsequent violations:

*** *** ***

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$750.00 $1,000.00 $1,000.00 above previous violation *** *** ***

(AO No. 93-167(S-1), § 1, 4-13-94; AO No. 94-108, § 1, 10-5-94; AO No. 94-134, § 2, 9-8-94; AO No. 95-42, § 2, 3-23-95; AO No. 95-67(S), § 9, 7-195; AO No. 95-102, § 1, 4-26-95; AO No. 95-118, § 3, 9-1-95; AO No. 95163(S), § 21, 8-8-95; AO No. 95-195(S-1), 1-1-96; AO No. 96-51(S-1), § 2, 8-1-96; AO No. 96-96(S-1), § 2, 2-1-97; AO No. 96-126(S), § 3, 10-1-96; AO No. 96-137(S), § 9, 1-2-97; AO No. 97-88, § 3, 6-3-97; AO No. 97-107, § 3, 11-17-97; AO No. 97-133(S), § 1, 11-11-97; AO No. 98-27(S-1), § 2, 11-11-97; AO No. 98-160, § 2, 12-8-98; AO No. 99-13(S), 2-9-99; AO No. 99-91(S), § 4, 7-13-99; AO No. 2000-64, § 1, 4-18-00; AO No. 2000-116(S), § 4, 7-18-00; AO No. 2000-127(S), § 2, 10-14-00; AO No. 2000-129(S), § 26, 11-21-00; AO No. 2001-48, § 1, 3-13-01; AO No. 2001-74(S), § 2, 4-1701; AO No. 2001-4, § 2, 2-6-01; AO No. 2001-145(S-1), § 11, 12-11-01; AO No. 2003-68, § 1, 9-30-03; AO No. 2003-97, § 4, 9-30-03; AO No. 2003117, § 2, 1-28-03; AO No. 2003-130, § 8, 10-7-03; AO No. 2003-152S, § 10, 1-1-04; AO No. 2004-1, § 2, 1-1-03; AO No. 2004-99, § 2, 6-22-04; AO No. 2004-100(S-1), § 6, 1-1-05; AO No. 2004-171, § 1, 1-11-05; AO No. 2005-160, § 9, 11-1-05; AO No. 2005-84(S), § 3, 1-1-06; AO No. 2005185(S), § 35, 2-28-06; AO No. 2005-124(S-1A), § 33, 4-18-06; AO No. 2006-39, § 6, 4-11-06; AO No. 2006-54, § 1, 5-2-06; AO No. 2006-80, § 1, 6-6-06; AO No. 2007-50, § 4, 4-10-07; AO No. 2007-60, § 4, 11-1-07; AO No. 2007-70, § 3, 5-15-07; AO No. 2008-84(S), § 5, 7-15-08; AO No. 200961, § 3, 7-7-09; AO No. 2009-82, § 5, 7-7-09; AO No. 2009-40(S), § 3, 721-09; AO No. 2009-112, § 4, 10-13-09; AO No. 2009-122, § 2, 12-17-09; AO-2010-35(S), § 7, 5-11-10; AO No. 2010-39, § 2, 5-11-10; AO No. 201087(S), § 3, 12-7-10; AO No. 2011-46, § 4, 4-12-11; AO No. 2011-59, § 10, 5-24-11; AO No. 2011-106(S), § 3, 11-8-11; AO No. 2011-112, § 4, 11-2211, eff. 12-22-11; AO No. 2012-10, § 1, 1-31-12; AO No. 2012-77, § 29, 87-12; AO No. 2013-109(S-1), § 5, 12-3-13; AO No. 2013-130(S-1), § 1, 114-14; AO No. 2014-42, § 31, 6-21-14) Section 12. This ordinance shall be effective immediately upon passage and approval by the Assembly. PASSED AND APPROVED by the Anchorage Assembly this _______ day of

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_______________, 2016.

Chair of the Assembly ATTEST: Municipal Clerk