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1339• , ORDINANCE N0. ~3 ~ R AN ORDINANCE REGULATING LIMOUSINE SERVICES AND '~ LIMOUSINE DRIVERS, PROVIDING PENALTIES FOR THE VIOLATION THEREOF, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION 1. Definitions. The following worde and phrases when used in this Ordinance have the meaning as set out herein: (a) Certificate menns a certificate of public convenience issued by the City of West Memphis, authorizing the holder thereof to conduct a limousine business in the City of West Memphis. (b) Driver's license means the permission granted by the City of West Memphis to drive a limousine upon the streets of the City of West Memphis. (c) Holder means a person to whom a certificate of public convenience has been issued. (d) Person includes an individual, a corporation or other legal entity, a partnership, or any unincorporated association. (e) Limousine means a vehicle with a weight of not less than four thousand four hundred (4,400) pounds curb weight including accessories and equipment, which is air conditioned and which has at least a five-passenger capacity. SECTION 2. Certificate of Public Convenience Required. No person shall operate or permit a limousine owned by or con- trolled by him to be operated as a vehicle for hire upon the streets. of the City of West Memphis without having first obtained a certificate of public convenience from the City. SECTION 3. Application for Certificate. An application ~'or a certificate shall be filed with the City Clerk; and said application shall be verified under oath and shall furnish the followinf information: q~ ~~ ' ~ J ~p ~ ']~ 7~ _{ ~ ~~ -2- (a) The name and address of the applicant. (b) The number of vehicles to be operated or controlled by the applicant and the location of the proposed service. (c) The name the service will be operated under. (d) A description of each vehicle to be operated by the service. SECTION 4. Liability insurance shall be maintained on all vehicles operated by any limousine service in the City of West Memphis, Arkansas, in the following amounts: Fifty Thousand Dollars ($50,000.00) property damage; One Hundred Thousand Dollars ($100,000.00) each person; Three Hundred Thousand Dollars ($300,000.00) for each accident that might occur while such service is being operated on a trip which originates in or terminates in the City of West Memphis, Arkansas. SECTION 5. License Fees. No certificate shall be issued or continued in operation unless the holder thereof has paid an initial annual fee of One Hundred Sixty-five Dollars ($165.00) each year, plus an additional Twenty-seven Dollars and Fifty Cents (27.50) for each year for each vehicle operated under a certificate of public convenience. These license fees shall be for a calendar year and shall be in addition to any other license fees or charges established by proper authority and applicable to the holder or the vehicle or vehicles under his operation and control. SECTION 6. Suspension and Revocation of Certificates. A certificate issued under the provisions of this Ordinance may be revoked or suspended by the City if the holder thereof has (a) violated any of the provisions of this Ordinance, (b) dis- continued operations for more than ninety (90) days, (c) has violated any ordinances of the City, or the laws of the State of Arkansas or the United States, the violations of which reflect -3- unfavorably on the fitness of the holder to offer public transportation. Prior to suspension or revocation, the holder shall be given notice of the proposed action to be taken and shall have an opportunity to be heard. SECTION 7. Limousine Driver's License and Evidence of Authorization. No person shall operate a limousine for hire upon the streets of the City of West Memphis, and no person who owns or controls a limousine shall permit it to be so driven, and no limousine licensed by the City shall be driven at any time for hire, unless the driver of said limousine shall have then in force a limousine driver's license issued under the provisions of this Ordinance and have evidence of authorization from the holder. SECTION 8. Application for Driver's License. An applica- tion for a limousine driver's license shall be filed with the City Clerk on forms provided and such application shall be veri- fied under oath and shall contain the following information: (a) The names and addresses of four residents of the State of Arkansas who have known the applicant for a period of two (2) years and who will vouch for the sobriety, honesty and general good character of the applicant. (b) The experience of the applicant in the transportation. of passengers. (c~) The educational background of the applicant. (d) A concise history of his employment. Each applica-~ Lion shall be accompanied by a certificate from a reputable physician of the City of West Memphis certifying that, in his opinion, the applicant is not inflicted with any disease or infirmity which might make him an unsafe or unsatisfactory driver. SECTION 9. Current State Motor Vehicle Operator's Permit Required. Each applicant shall be required to show he has a cur- rent motor vehicle operator's permit issued by the State of Arkansas. ~ 4- SECTION 10. Issuance Upon approval of an applicat the City Clerk shall issue a bear the name, address, age, applicant. Such license shall be of License - Duration - Annual Fee. ion for a limousine driver's license license to the applicant which shall signature, and photograph of the in effect for the remainder of the calendar year. A license for every calendar year thereafter shall issue upon the payment of $5.50 and approval of the application unless the license for the preceding year has been revoked. SECTION 11. Display of License. Every driver licensed under this Ordinance shall have his driver's license available while he is operating a limousine and shall display said license upon request of any passenger. SECTION 12. Vehicles - Equipment and Maintenance. Vehicles Must Be Inspected. Prior to the use and operation of any vehicle under the provisions of this Ordinance said vehicle shall be thoroughly examined and inspected by an authorized dealer agency to be certified as being in safe operating condition and found to comply with such reasonable rules and regulations as may be prescribed by the City for taxi-cabs. Safety equipment and regulatory devices as the City has deemed necessary for taxi-cabs shall also apply to limousines. Vehicles Must be Kept in a Clean and Sanitary Condition. Every vehicle operating under this Ordinance .shall be kept in a clean and sanitary condition according to rules and regulations promulgated by the City Council for taxi-cabs. SECTION 13. Restriction on Number of Passengers. No driver shall permit more persons to be carried in a limousine as passengers that the rated seating capacity of his limousine. A child in arms shall not be counted as a passenger. -5- SECTION 15. Penalty. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misde- meanor and upon conviction thereof shall be punished by a fine not exceeding $100.00. SECTION 16. Severability. Each of the provisions of this Ordinance are severable and if any provision shall be declared to be invalid, the remaining provisions shall not be affected but shall remain in full force and effect. SECTION 17. Emergency Clause. It is hereby declared that an immediate need exists for the control of limousines in the City of West Memphis, that the existing Ordinance on taxi-cabs does not adequately cover limousines and that this Ordinance is neces- sary to insure that limousine service is rendered in a manner whereby the health and safety of the citizens of West Memphis are not endangered, therefore an emergency is declared to exist and this Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. PASSED AND APPROVED this ~IS~ day ~ April, 1988. r~ OR ATTEST : ~ 4 ~ ~!~ v~ CI Y CLE CERTIFhCATE OFCONVENIENCE Pursuant to Ordinance No. 1339 adopted on April 21, 1988 by the City Council of West Memphis, Arkansas, a Certificate of Convenience is hereby granted to the following business for the purpose of operating a Limousine Service. Town & Country Limo Service 110 Missouri West Memphis, Arkansas 72301 To operate not to exceed five limousines; provided that the operation under such Certificate shall at all times comply with the provisions of Arkansas Law '~ and the Ordinances of the City of West Memphis, Arkansas; and, ' that failure to comply therewith shall be grounds for revoca- ~ tion of the within Certificate. THEREFORE, all Certificates of Convenience heretofore issued to the grantees herein are hereby revoked. IN WITNESS WHEREOF, I have signed this Certificate of Convenience as the Mayor of the City of West Memphis, Arkansas. WITNESS my signature this ~ day of April , 19 8 8 .: ~. ~ ' ~,~ APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE Pursuant to Section 5 . 46 . 030 of the West Memphis Municipal Code , the following information is submitted to be filed with the City Clerk for a Certificate of Public Convenience : A. The name and address of the applicant : B. The number of vehicles to be operated or controlled by the applicant and the location of the proposed service : C. The name the service will be operated under: D. A description of each vehicle to be operated by the service : APPLICANT DATE VERIFICATION STATE OF ARKANSAS COUNTY OF CRITTENDEN Now on this day of , 19 , before the undersigned Notary Public acting in and for said County and State , appeared to me well known or satisfactorily proven to be the person whose name is subscribed to the foregoing Application for Certificate of Public Convenience and stated under oath that the facts set out in said application are true and correct to the best of knowledge , information and belief . In witness whereof I hereunto set my hand and seal . NOTARY PUBLIC My Commission Expires :