CHAPTER 5. BUSINESS REGULATIONSCHAPTER 5. BUSINESS REGULATIONS\Article 3. Taxicabs

Whenever used in this article, the term taxicab shall be defined to mean any motor-driven passenger vehicle used for the purpose of transporting passengers for hire.

(Code 1985, 5-601)

It shall be unlawful for any person, persons, firm or corporation, whether acting as owner, principal, agent, employee, lessee or licensee, to operate within the city any taxicab business without first obtaining a license to operate such vehicle in accordance with the provisions of this article. However, railroad cars and motor busses designed and constructed for the general transportation of passengers for hire and possessing a manufacturers’ rated seating capacity of twelve (12) passengers or more, shall not be considered taxicabs.

(Code 1962, 12-501; Code 1985, 5-602)

(a)   No person, persons, firm or corporation, whether acting as owner, principal, agent, employee, lessee or licensee, shall operate any taxicab business within the city without first making application in writing to the city clerk, for a license to do so. Applications shall be made by the owner and shall contain the full name and address of the owner, a full description of each vehicle to be used, including the motive power, model, motor and chassis number, the length of time the vehicle has been in use and the state license number, the office address and telephone number; the trade name, if any, under which the business will be conducted, and such other information as the city clerk or governing body may require.

(b)   Upon the filing of such application the city manager shall make such examination as may be deemed necessary touching the professional skill or knowledge of such applicant and his or her reputation for business integrity, and thereafter refer such application to the city council for its action thereof. If the applicant shall be determined to be qualified to engage in the occupation or business the council shall authorize and direct the issuance of a license to the applicant upon payment of the required fee or fees and the filing of a corporate surety bond conditioned as hereinafter provided. No license shall be assigned or transferred.

(Code 1962, 12-502; Code 1985, 5-603)

(a)   Before any such license for a taxicab shall be issued, the licensee shall file with the city clerk, to be approved by the governing body, a standard insurance policy, issued by a responsible insurance company licensed to do business in the State of Kansas and subject to the jurisdiction of the state insurance department.

(b)   The licensee shall assume all risks incident to or in connection with its business and shall indemnify, defend and save the city harmless from damages or includes of whatever nature or kind to persons or property arising directly or indirectly out of the licensee’s business and arising from acts or omissions of its employees and shall indemnify, defend and save harmless the city from any and all claims, suits, losses, damages, or injuries to any person or property of whatever kind or nature arising directly or indirectly out of the business or resulting from the carelessness, negligence or improper conduct of the licensee or any of its agents or employees.

(c)   The licensee shall carry workmen’s compensation and employer’s liability in accordance with state laws and shall carry comprehensive general liability insurance, including broad form property damage liability and completed operations, in the following amounts:

(1)   Bodily Injury: $300,000.00 for the injury or death in anyone accident.

(2)   Property Damage: $100,000.00 per accident.

(d)   The insurance policies shall name the city as co-insured and shall be issued by a company approved by the city. The city shall be furnished with a certificate of such insurance, which shall provide that the city is co-insured under the policy or policies and that such insurance shall not be changed or canceled without 10 days prior written notice to the city. Certificates of insurance shall be delivered to the city prior to the issuance of the license.

(Code 1985, 5-604; Code 2006)

No driver shall operate any taxicab until he or she shall have first obtained a Kansas state chauffeurs license.

(Code 1962, 12-504; Code 1985, 5-605)

Prior to the issuance of license as herein provided, there shall be paid to the city treasurer an annual license fee in the sum of $25.00 for each motor vehicle licensed. In the event any motor vehicle is sold or disposed of, and replaced by another motor vehicle no license shall be required for the motor vehicle replacing the one on which the license has been paid, for the current period. Upon full compliance with the provisions of this article, and the approval thereof by the governing body, an applicant shall be granted a license to operate a taxicab.

(Code 1962, 12-505; Code 1985, 5-606; Code 2006)

In addition to any other penalty provided by this article, the governing body may revoke any license issued or granted under the provisions of this article upon the conviction of the licensee of any of the laws of the city.

(Code 1962, 12-506; Code 1985, 5-607)

No person who has been granted a license under the provisions of this article, shall require or permit any driver of any taxicab who has worked as the motor vehicle driver 12 consecutive hours, to continue on duty or drive the motor vehicle, until he or she has had at least eight hours off duty.

(Code 1962, 12-507; Code 1985, 5-608)

In the event any driver of any taxicab is convicted in the municipal court or any other court in the state of driving a motor vehicle or taxicab while under the influence of intoxicating liquor, or being drunk, or unlawful possession of an open bottle in an automobile, the driver shall not be permitted to drive a taxicab in the city for a period of one year from the date of such conviction.

(Code 1962, 12-508; Code 1985, 5-609)

It shall be the duty of every driver of a taxicab to register with the chief of police at the time or prior thereto when he or she begins to drive a motor vehicle in the city and to register with the chief of police every six months thereafter.

(Code 1962, 12-509; Code 1985, 5-610)