Loading...
G-1062 - 10/27/2015 - TAXI LICENSE - Ordinances Supporting Documents ITEM IO.C.3) YGti QF 0qIr�90 o �p OOUNT'1' AGENDAITEM Regular Board of Trustees Meeting of October 27, 2015 SUBJECT: Taxicab Ordinance FROM: James R. Kruger Jr., Chief of Police BUDGET SOURCEIBUDGET IMPACT: N/A RECOMMENDED MOTION: Move to approve Ordinance 2015-LC-TA-G-1062 amending Title 4, Business License Regulations, Chapter 2,Taxicabs. Backj!round/History. The Village has regulated the licensing of taxicab drivers doing business within the Village of Oak Brook since February 20, 1962. Since that time, portions of the ordinance regulating taxicab licensing have been amended in a piecemeal manner more than twenty times. The amendments currently proposed represent a comprehensive inclusive review of the ordinance in its entirety. The proposed amendments are based on input from the village staff, taxicab companies doing business within the Village and taxicab drivers serving customers within our community. The recommended amendments are consistent with comparable communities and accurately reflect the process currently utilized by the Police Department, Recommendation: Approve Ordinance 2015-LC-TA-G-1062 amending Title 4, Business License Regulations, Chapter 2, Taxicabs. ORDINANCE 2015-LC-TA-G-1062 AN ORDINANCE AMENDING TITLE 4, CHAPTER 2 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATING TO TAXICAB LICENSES WHEREAS, Section 11-42-6 of the Illinois Municipal Code, 65 ILCS 5/11-42-6 ("Municipal Code"), provides the Village of Oak Brook ("Village") the authority to license, tax, and regulate taxicabs; and WHEREAS, pursuant to the Municipal Code, the Village has adopted regulations and licensing requirements for taxicabs operated within the Village in Chapter 2 of Title 4 of the Village Code of the Village of Oak Brook, Illinois ("Village Code"), in order to protect the safety and welfare of the Village's residents and those passing upon the Village's streets and ways ("Taxicab Regulations'; and WHEREAS, the Village President and the Board of Trustees have determined that the Taxicab Regulations should be amended to better enable, and more efficiently administer, the taxicab licensing process; and WHEREAS, the Village President and Board of Trustees have determined that it is in the best interest of the Village and its residents to amend the Village Code as set forth in this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Amendment to Section 4-2-1 of the Village Code. Section 1, entitled, "Definitions," of Chapter 2, entitled "Taxicabs," of Title 4, entitled "Business and License Regulations," of the Village Code shall be amended further, and shall read as follows: "4-2-1: DEFINITIONS: Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms, for the purposes of this chapter shall have the meanings indicated in this section: DRIVER: A person who drives or is licensed to drive a taxicab on the streets and ways within the village. LICENSE YEAR: the term for which a license issued pursuant to this chapter is effective, which term shall be from April 1 to March 31. MILEAGE: The distance in the rate of fare, as mechanically or electronically registered, from the point of passenger pick up to the point of passenger delivery. OWNER: Every individual, person, trustee, partnership, association or corporation owning, leasing, operating or having the use or control of one or more taxicabs in the village. PERSON: Includes natural persons, partnerships, associations, firms or corporations. Ordinance 2015-LC-TA-G-1062 Taxicab Licensing Amendment Page 2 of 13 RATE SHEET: The schedule of rates and fares charged for the transport of persons in a taxicab. TAXI STAND: A place which has been designated by the village as reserved exclusively for the use of taxicabs. TAXICAB: All vehicles driven by mechanical power used for the carriage of persons for hire except buses and limousines as such terms are defined in the Illinois vehicle code. TAXICAB COMPANY: Every individual, trustee, partnership, association, firm, or corporation engaged in business as a proprietor, franchisor or dispatcher of one or more taxicabs. TAXICAB DRIVER'S LICENSE: That license issued to the driver of a taxicab, pursuant to section 4-2-5 of this chapter. TAXICAB LICENSE DECAL: That decal provided by the village upon issuance of a taxicab license pursuant to this chapter to be displayed on each taxicab as evidence of license issuance. TAXIMETER: Any mechanical, electrical or electronic device installed in a taxicab, which calculates and indicates the fares, measures the distance traveled and time elapsed, and indicates other charges which may be due." Section 3: Amendment to Section 4-2-3 of the Village Code. Section 3, entitled "Taxicab Company License," of Chapter 2, entitled "Taxicabs," of Title 4, entitled "Business and License Regulations,"of the Village Code shall be amended further, and shall read as follows: "4-2-3: TAXICAB COMPANY LICENSES; A. Taxicab company license required. No taxicab company shall pick up or solicit passengers within the village unless the taxicab company first obtains a taxicab company license from the village. Such taxicab company licenses shall be valid for a license year, or such part thereof as remains at the time the license is granted, and shall be effective for the license year unless sooner suspended, terminated, or revoked. B. Taxicab company license applications. 1. Application forms. All applications for a new taxicab company license, or to renew a taxicab company license, must be made in writing to the village on forms as reasonably required and approved of by the taxicab commissioner. 2. Applications for a new taxicab company license or to renew a license that has been expired for one year or more. Any taxicab company applying for a taxicab company license for the first time, or to renew a taxicab company license that has been expired for one year or more, must submit with its application the following non-refundable taxicab company license application fee: a. $300.00 if the application is submitted prior to October 1st of the license year. Ordinance 2015-LC-TA-G-1062 Taxicab Licensing Amendment Page 3 of 13 b. $150.00 if the application is submitted on or after October 1st but prior to April 1 st of the license year. 3. Applications to renew a taxicab company license that has not yet expired or has been expired for less than one year. A taxicab company seeking to renew a taxicab company license that has not yet expired, or has been expired for less than one year, may submit to the Village an application for such renewal on or after February 1St but prior to March 2nd preceding the applicable license year. Applications for renewal will not be accepted prior to February 1St All renewal applications submitted pursuant to this subsection must be submitted with the following non-refundable taxicab company license renewal application fee: a. $150.00 if the application is submitted on or after February 1s' but prior to February 16th immediately preceding the applicable license year; or b. $300.00 if the application is submitted on or after February 16th but prior to March 2nd immediately preceding the applicable license year. Applications to renew taxicab licenses pursuant to this subsection shall be due by March 1St immediately preceding the applicable license year. Any taxicab company license renewal application submitted pursuant to this subsection 3 that is received by the village after March 1St immediately preceding the applicable license year shall be deemed late and must be accompanied with a late fee of $300.00 in addition to the taxicab license renewal application fee required by subsection 4-2- 3.B.3.b of this code. 4. Application requirements. As part of an application for a new taxicab company license or to renew such license, taxicab companies must include the following as part of their application: a. A true statement of certain facts including, but not limited to: the state of incorporation of the taxicab company if the company is a corporate entity; whether the company is organized and qualified to do business under the laws of the state if it is a corporate entity; the taxicab company's principal place of business; the full names and addresses of the individuals who own the taxicab company; whether the taxicab company is a corporation, partnership or sole proprietorship; and the registered agent of the corporate taxicab company. The full names, dates of birth and residential addresses of persons having an ownership interest of five percent(5%) or more in the taxicab company shall be disclosed on the application; b. A rate sheet that will be in effect for the applicable license year; C. A certificate of insurance issued by a solvent company authorized to do business in the state and approved by the taxicab commissioner, insuring the taxicab company and owners of all taxicabs for which licenses are sought, its drivers, and employees, for public liability and property damage, where Ordinance 2015-LC-TA-G-1062 Taxicab Licensing Amendment Page 4 of 13 applicable, workers compensation insurance. The insurance policy must satisfy the following requirements: i. The limits of liability shall be, with respect to each vehicle covered by such policy, not less than $2,000,000.000 combined single limit, each accident or such other amounts as required by law. Such policy of insurance shall provide for the payment and satisfaction of any final judgment rendered against the licensee or owner of such vehicle for both damage to property and for personal injury, including death. ii. The policy shall be endorsed to provide a 30 day advance written notice of any cancellation or expiration thereof to the village. C. Investigation of applicants for taxicab company licenses. The village shall investigate, to the extent it deems necessary, the owner(s) of the applicant taxicab company, including each officer, general partner, sole proprietor and all persons having an ownership interest of five percent (5%) or more of any such applicant. If this investigation reveals information showing any of the following, the application shall not be approved and no license shall be issued or renewed to the taxicab company: 1. If any owner or officer, shareholder or director of the owner, has been convicted of a felony related to the taxicab business or a similar business within the past 10 years; 2. The owner or an officer, shareholder or director of the owner, has been convicted of any business-related felony or misdemeanor within the past five years; or 3. The owner or officer, shareholder or director of the owner, has misrepresented or omitted material facts in the application for a license. D. Requirements on taxicab company licensees. All taxicab company licensees shall comply with the following requirements at all times during a license year: 1. Taxicab company licensees shall license, or cause to be licensed, each individual taxicab that it operates, or that is operated on its behalf, and that picks up or solicits passengers within the village in accordance with this chapter. 2. Taxicab company licensees must maintain insurance policies consistent with the requirements of Section 4-2-3.B.4.c of this code during the entire license year. a. In the event that a final judgment or claim has been paid by any indemnitor or insurance policy, as a result of which the amount of insurance held by a taxicab company no longer satisfies the minimum amount of coverage required to be maintained pursuant to Section 4-2-3.B.4.c of this code, the taxicab company's license, and all taxicab vehicle licenses and taxicab drivers'licenses issued to taxicabs and drivers associated with that taxicab company, shall immediately terminate. Ordinance 2015-LC-TA-G-1062 Taxicab Licensing Amendment Page 5 of 13 b. In the event that a taxicab company's insurance policy terminates or expires, the taxicab company's license, and all taxicab vehicle licenses and taxicab drivers' licenses issued to taxicabs and drivers associated with that taxicab company, shall immediately terminate. c. In the event that a taxicab company's license, and the taxicab vehicle licenses and the taxicab drivers' license associated with that taxicab company, terminate pursuant to this subsection 4-2- 3.D.2, such licenses shall be subject to reinstatement by providing the Village a new certificate of insurance that satisfies all of the requirements of subsection 4-2-3.6.4.c of this code. 3. All licensed taxicab companies shall provide proof of automobile liability insurance for each taxicab registered pursuant to this chapter. Such proof of insurance must be carried in each individual taxicab licensed pursuant to this chapter at all times and shall be made available to any person involved in an accident at the time of such accident. 4. Taxicab companies having taxicabs operated by independent contractors must cause each driver to provide proof of automobile liability insurance for each taxicab registered pursuant to this chapter or provide the required insurance on behalf of such independent contractor. E. Responsibility for actions of taxicabs and drivers. The taxicab company licensee shall be responsible for the acts, omissions and general conduct of persons operating a taxicab for, on behalf of, or with the permission of, such taxicab company. The taxicab company shall, periodically during the license year, determine if its taxicab drivers continue to meet the qualifications set forth in this chapter and shall promptly inform the village of the names of any such drivers who fail to so qualify. F. Changes in principal place of business. If a taxicab company licensee changes its principal place of business, it shall promptly notify the village in writing. G. Taxicab company licenses non-transferable and non-assignable. Taxicab company licenses issued pursuant to this chapter are non-transferable and non- assignable. If ownership of a taxicab company licensee is conveyed to a new owner, the new owner must apply for a new taxicab company license in its name in accordance with the procedures and standards set forth in this Section 4-2-3." Section 4: Amendment to Section 4-2-4 of the Village Code. Section 4, entitled "Taxicab Vehicle Licenses," of Chapter 2, entitled "Taxicabs," of Title 4, entitled "Business and License Regulations," of the Village Code shall be amended further, and shall read as follows: "4-2-4: TAXICAB VEHICLE LICENSES; VEHICLE REQUIREMENTS: A. Taxicab vehicle license required. No taxicab vehicle shall pick up or solicit passengers within the village unless the village issues a taxicab vehicle license to the vehicle for the license year. Taxicab vehicle licenses shall be valid for a license year, or such part thereof as remains at the time the license is granted, and shall be effective for the license year unless sooner suspended, terminated, or revoked. B. Taxicab Vehicle license applications. Ordinance 2015-LC-TA-G-1062 Taxicab Licensing Amendment Page 6 of 13 1. Application forms. All applications for a taxicab vehicle license, or to renew a taxicab vehicle license, must be made in writing to the village on forms as reasonably required and approved of by the taxicab commissioner. 2. Application fees. Anybody applying for a new taxicab vehicle license or to renew such license must submit with its application the following non- refundable application fee: a. $25.00 if the application is submitted preceding the applicable license year; b. $25.00 if the application is submitted prior to October 1St of the license year; or C. $15.00 if the application is submitted on or after October 1St but prior to April 1S of the license year. 3. Application requirements. As part of an application for a taxicab vehicle license, applicants must include the following information as part of its application: a. The year, make, color and vehicle identification number; b. Name, address and telephone number of the vehicle owner; and C. Written certification that required safety inspections of the taxicab and the taximeter have been completed not more than 30 days prior to the date of the application and that such inspections find the taxicab to be safe and the taximeter to be in proper working order and accurate. C. Vehicle inspection. 1. Every taxicab operated by a taxicab company shall pass mechanical inspection tests as specified by the village. The inspections must take place not more than 30 days prior to application for a taxicab license or the renewal of such license. The inspections must take place at a firm or firms designated from time to time by the village. The expense for such inspection shall be that of the licensee. No license shall be issued for any taxicab that fails to meet this inspection requirement. The taxicab commissioner shall maintain a list of private firms which are authorized to perform vehicle safety (mechanical) inspections. 2. All taxicabs licensed by the village are subject to periodic inspection by the village police department, as required by the taxicab commissioner, and the taxicab company shall promptly upon notice from the police department make said taxicab available for inspection. D. Identification of taxicabs. Every taxicab licensed by the village shall be identified on and in the taxicab, as follows: 1. Taxicab number. On the center of the exterior main panel of the front or rear doors of a taxicab, there shall appear the taxicab number assigned by the taxicab company and the taxicab company's name and telephone number; Ordinance 2015-LC-TA-G-1062 Taxicab Licensing Amendment Page 7 of 13 2. Display of licenses. On the rear facing window there shall be affixed the taxicab license decal. On the back of the front seat, clearly visible to passengers in the rear seat of the vehicle, there shall be affixed a copy of the taxicab company's license and the taxicab driver's licenses in plainly legible print, the telephone number of the taxicab company, and the rates charged for trips inside and outside of the village; and 3. Paint. All taxicabs owned or operated by or on behalf of a taxicab company licensee shall be identically painted so that they are readily identifiable. No coloring scheme or name shall be similar to that of any other taxicab company who has previously been issued a taxicab license by the village. E. Taxicab vehicle requirements. The condition of taxicabs licensed by the village shall be as follows: 1. Condition. Every taxicab shall be maintained in a safe condition at all times. If any taxicab shall become unsafe for operation or if its body or seating facilities shall become damaged or deteriorated in a manner that renders the taxicab unfit for public use, the taxicab commissioner may, after a hearing, suspend the license issued to the taxicab company operating that vehicle or suspend that taxicab vehicle license, until the vehicle is made safe for use by the public or replaced with a vehicle that complies with this chapter. 2. Doors. All doors of every taxicab shall have functional interior door handles and latches. 3. Exterior requirements. The vehicle's exterior appearance including paint, lettering and chrome shall be in good condition and free from excessive rust. 4. Interior requirements. The vehicle's interior shall be kept clean, sanitary and the upholstery shall be in good repair. 5. Seatbelts. Each taxicab shall provide seat belts for each passenger, provide entrances and exits free of interior barriers and have a sufficient number of exits to permit every passenger and the driver to exit from the vehicle in the event that one side of the vehicle is rendered impassible as the result of an accident, safety conditions or otherwise. 6. Taximeter Requirements. Every taxicab licensed by the village shall be equipped with a taximeter, in good working order. No taxicab license shall be issued for any taxicab until the taximeter therein meets the following requirements: a. Taximeters shall have a lighted dial or screen to register the fare in accordance with lawful rates as set forth herein and the dial or screen shall at all times be maintained by the taxicab company in plain view and readable by the passenger. Such taximeter shall also properly and accurately register, indicate and display the time consumed by the taxicab while in waiting, the distance traveled and the amount of fare to be determined and charged therefor. Ordinance 2015-LC-TA-G-1062 Taxicab Licensing Amendment Page 8 of 13 b. Each taxicab shall be equipped with a light which shall enable the passenger engaging and using such taxicab to read the taximeter. C. Prior to licensing, and if required by the taxicab commissioner, the village may inspect the taximeter as follows: i. No taximeter shall be attached to a taxicab unless it has been inspected by an inspector approved by the police department and found to be accurate and sealed by such inspector. The taxicab company shall keep certificates of accuracy issued by the inspector for each taximeter in each taxicab and provide the same for inspection by a passenger or any police officer upon request. The expense for such inspections shall be that of the licensee. ii. Each taximeter shall be inspected annually not more than 30 days prior to the date of application, or such other date set by the police chief or his designee, and a certificate of accuracy, as provided above, shall be submitted by the taxicab company to the village prior to the renewal of the taxicab company license. In the event a complaint is made that any taximeter registers improperly or inaccurately, the police chief or his designee shall immediately examine and inspect or cause such examination and inspection of such taximeter complained of. Upon request by the chief of police, the taxicab company shall submit any taximeter installed on a taxicab to an inspection to determine its accuracy. iii. Every taximeter shall be tested by running the taxicab to which it is attached over a course of standard mile in length or by a mechanical test to prove the accuracy of the register thereof. Either of the foregoing tests may be selected at the discretion of the chief of police. In order to determine whether such taximeter correctly registers "waiting time", it shall be the duty of the chief of police, his designee or a testing firm approved by him to test such taximeter by comparing the time recorded as shown by the fare computed on the dial thereof with the standard time. Such tests shall ensure that the taximeter correctly registers those rates and fares authorized by this chapter. d. No person shall detach any certified or inspected taximeter from any taxicab and attach the same to any another taxicab, the front wheels of which are of different diameter from those with reference to which the taximeter was originally tested, unless a new inspection of certification is had on such taximeter. e. No taxicab driver or taxicab company shall operate a taxicab with a taximeter that is inaccurate, that has not been inspected as provided herein, or that is otherwise not in compliance with the provisions of this chapter. Ordinance 2015-LC-TA-G-1062 Taxicab Licensing Amendment Page 9 of 13 f. It shall be unlawful for any person to tamper with a taximeter or to break any seal thereon. g. No driver of a taxicab equipped with a taximeter while carrying passengers or under employment, shall display the signal affixed to such taximeter or other similar device in such a position as to denote that he is employed at a rate of fare different from that to which he is entitled under the provisions of this chapter. h. The police department shall from time to time issue a list of private firms authorized to perform taximeter inspections. F. Taxicab vehicle licenses non-transferable. Taxicab vehicle licenses issued pursuant to this chapter are non-transferable and non-assignable. If a company substitutes another taxicab for any taxicab licensed with the village pursuant to this section, or adds any additional taxicabs to the list of licensed taxicabs, the company must license such substitute or additional taxicabs with the village pursuant to this section." Section 5: Amendment to Section 4-2-5 of the Village Code. Section 5, entitled "Taxicab Driver's License," of Chapter 2, entitled "Taxicabs," of Title 4, entitled "Business and License Regulations," of the Village Code shall be amended further, and shall read as follows: "4-2-5: TAXICAB DRIVER'S LICENSES: A. Taxicab driver's license required. In addition to other requirements of this chapter, no taxicab driver shall pick up or solicit passengers within the village unless the village issues a taxicab driver's license to the driver for the license year. No taxicab driver's license shall be issued unless the requirements relating to taxicab companies set forth in section 4-2-3 of this chapter and the requirements related to taxicab vehicles in section 4-2-4 of this chapter have been satisfied. Taxicab driver's licenses shall be valid for a license year, or such part thereof as remains at the time the license is granted, and shall be effective for the license year unless sooner suspended, terminated, or revoked. B. Taxicab driver's license applications. 1. Application forms. All applications for taxicab driver's licenses, or to renew a taxicab driver's license, must be made in writing to the village on forms as reasonably required and approved of by the taxicab commissioner. 2. Application fees. Anybody applying for a new taxicab driver's license or to renew such license must submit with its application the following non- refundable application fee: a. $50.00 if the application is submitted preceding the applicable license year. b. $50.00 if the application is submitted on or after April 15t but prior to October 1 st of the license year; or C. $25.00 if the application is submitted on or after October 1s` but prior to April 1 s of the license year. Ordinance 2015-LC-TA-G-1062 Taxicab Licensing Amendment Page 10 of 13 3. Application requirements. As part of an application for a taxicab driver's license, applicants must include the following information as part of its application: a. A true statement of certain facts including, but not limited to, the name and address of the driver, the age and date of birth of the driver, the driving convictions of the driver, the type and class of driver's license of the driver, convictions for the use, possession or sale of controlled substances, cannabis, intoxicating compounds or alcoholic liquor, any felony or misdemeanor convictions of the driver-applicant, the home address and telephone number of the driver. All such information shall be provided under oath. b. The applicant's driving abstract obtained from and certified by the Illinois secretary of state's office dated not more than 30 days prior to the submittal of the application for a license. C. A photograph of the applicant, which photo shall clearly and accurately show the applicant's face and shoulders. C. Investigation of applicants for taxicab driver's licenses. The police chief or his designee shall investigate the applicant for a taxicab driver's license. If this investigation or the application materials reveal that the statements made as part of the application are inaccurate or reveal information showing any of the following, the taxicab commissioner shall not issue a taxicab driver's license to the applicant: 1. The applicant has been convicted of a forcible felony; 2. The applicant is registered in the Illinois Sex Offender database or similar database in another state or country; 3. The applicant is registered in the Illinois Murderer and Violent Offender Against Youth database or a similar database in another state or country; 4. The applicant has been convicted of a felony criminal offense within the past 10 years; 5. The applicant has been convicted of a misdemeanor criminal offense within the past five years; 6. The applicant has been convicted of driving under the influence of a controlled substance, cannabis, an intoxicating compound or alcoholic liquor under Illinois law as amended from time to time or similar provision of a local ordinance or any like offense of another state or country, within the past five years; 7. The applicant has been convicted of reckless driving under Illinois law as amended from time to time or similar provision of a local ordinance or any like offense of another state or country within the past five years; or 8. The applicant's.driver's license has been suspended for moving or nonmoving violations of a motor driven vehicle within the past five years. D. Driver Qualifications: Each driver who drives any taxicab in the village that is required to be licensed pursuant to section 4-2-4 of this chapter shall at all times meet the following qualifications: Ordinance 2015-LC-TA-G-1062 Taxicab Licensing Amendment Page 11 of 13 1. Possess a valid state of Illinois driver's license of a classification required by state law for the transport of persons for hire; 2. Be 21 years of age or older; 3. Be in good physical condition; and shall not have any nervous, organic, or functional condition or disease which is likely to interfere with the safe performance of his or her duties as a driver; and 4. Be able to complete the taxicab driver's license application in the presence of a village employee without the assistance of a third party. E. Taxicab driver's licenses non-transferable. Taxicab driver's licenses issued pursuant to this chapter are non-transferable and non-assignable." Section 6: Amendment to Section 4-2-8 of the Village Code. Section 8, entitled "Rates and Fares," of Chapter 2, entitled "Taxicabs," of Title 4, entitled "Business and License Regulations," of the Village Code shall be amended further, and shall read as follows: "4-2-8: RATES AND FARES: A. No person owning, operating or controlling any taxicab within the limits of the village shall charge in excess of the rates and fares shown on the current rate sheet on file with the village and as determined by the taximeter. Rates and fares may be revised by the taxicab company at any time, provided the taxicab company files a revised rate sheet with the village prior to the imposition of such revised rates and fees. B. Waiting time shall include the time when the taxicab is not in motion beginning within a reasonable time after arrival at the place to which it had been called, or the time consumed while standing at the direction of the passenger, or time consumed while standing because of conditions beyond control of the driver, but no charge shall be made for time lost for inefficiency of the taxicab or its driver or time consumed by premature response to a call. C. A schedule of the rates and fares authorized herein shall be prominently and clearly displayed in each taxicab by affixing a notice containing same on or to the rear of the front seat of each taxicab. The size of such notice and the manner of its display shall be in accordance with regulations therefor promulgated by the village. It shall be unlawful to refuse or fail to display the schedule of rates and fares as required herein. D. No taxicab driver shall charge or attempt to charge any passenger a fare greater than that to which such driver is entitled under the provisions of this chapter. When the village is notified of a rate change during the period of the license, the taxicab company shall place corrective stickers on the previously issued license to reflect the new rate. E. Every taxicab driver shall have the right to demand payment of the legal fare in advance and may refuse employment unless prepaid, but no driver of a taxicab shall otherwise refuse or neglect to convey any orderly person upon request anywhere in the village unless previously engaged or unable to do so. F. If demanded by the passenger, the taxicab driver shall deliver to the person paying for the hiring of the same at the time of such payment, a receipt therefor in legible type or writing containing the name of the owner or driver, the municipal license number or the driver's license number, or the taximeter number and any items for which a charge is made, the total amount paid and the date of payment. Ordinance 2015-LC-TA-G-1062 Taxicab Licensing Amendment Page 12 of 13 G. This chapter shall not affect the right of a duly licensed taxicab company operating duly licensed taxicabs to enter into private contracts, whether verbal or written, with any person, firm or corporation, for a regular carrying for hire of special persons or groups, as the parties may contract. However, nothing in this section shall authorize any taxicab driver to negotiate fares upon any pick up in the usual course of business." Section 7: Amendment to Section 4-2-9 of the Village Code. Section 9, entitled "Register of Licenses," of Chapter 2, entitled "Taxicabs," of Title 4, entitled "Business and License Regulations," of the Village Code shall be amended further, and shall read as follows: "4-2-9: REGISTER OF LICENSES: The taxicab commissioner shall keep a register of the name, address and photograph of each person owning or operating a taxicab licensed under this chapter, together with the license number and the description, make and model of such taxicab, with the date and complete record of inspections made of it. Such records shall be open to the inspection of the public at all reasonable times, and shall be public records." Section 8: Severability. If any provision of this Ordinance or part thereof is held invalid by a court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Ordinance to the greatest extent permitted by applicable law. Section 9: Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. APPROVED THIS 27th day of October, 2015. Gopal G. Lalmalani Village President PASSED THIS 27th day of October, 2015. Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk Ordinance 2015-LC-TA-G-1062 Taxicab Licensing Amendment Page 13 of 13