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G-1002 - 05/28/2013 - LICENSE-LIMO - Ordinances Supporting DocumentsITEM 6.F.3) AGENDA ITEM Regular Board of Trustees Meeting of May 28, 2013 SUBJECT: Amendments to Ordinance 4 -10 Limousine Licenses FROM: James R. Kruger, Chief of Police BUDGET SOURCE/BUDGET IMPACT: None RECOMMENDED MOTION: Move to approve amendments to Title 4, Chapter 10, Sections 3, 4 and 5 Limousine Company Licenses of the Oak Brook Code of Ordinances Background/IIistory: While performing research on our current village ordinance pertaining to Limousine licensing it was discovered that Section 4- 10 -3 -A "No Limousine shall be operated upon streets and ways within the village, nor shall any Limousine company engage in business...." was too broad and that upon advice of the Village Attorney the ordinance should be amended to define a Limousine actually engaged in business within the Village of Oak Brook. As practice, the Police Department has not issued citations to limousines merely driving through Oak Brook but nevertheless, it was important from a legal perspective to make the distinction. The new language proposed states, "pick up, solicit, or deposit passengers in the Village..." In addition, the ordinance would make a distinction with limousines traveling to or from an out of state location to comply with the Federal Ride Act provisions governing interstate commerce. The Police Department is also requesting an increase in Limousine license fees in Section 4-10 - 3-B. Currently a limousine company is charged $200 annually with a due date of March 1st. If the company is late the fee only increases $50. Many companies have historically waited until March 31" and pay the $50 late fee. The problem is that it causes a domino effect. Limousine drivers cannot obtain their license or license their limousine until the company has obtained the master license. This places a burden on our staff because of the numerous limousine that come to Village Hall for an inspection after the due date and after we have already had two scheduled inspection days in March. Community Services Officers are pulled off the road to assist in Last saved by kkoubek C:\Documents and Settings\kvonachen\Local SettingsUemporary Internet Files\ Content .Outlook\PE39BVGl\Llmouslne 052813 (2).doex Last printed 5212013 4:09 PM performing these inspections and are not available for call. The administrative assistant assigned to licensing also is disrupted for several weeks. These two concerns affect productivity and increase labor costs of the program. The Police Department would therefore request an increase in the Limousine company licensing fee from $200 to $250 and an increase in the late fee from $50 to $250. We believe the increase to $500 will assist to entice companies to obtain their license on time and help us to facilitate the drivers and limousine inspections throughout March as the ordinance intended. Recommendation: Staff recommends the Village Board approve an amendment to Section 4 -10 -3, 4 -10 -4 and 4 -10- 5 of the Oak Brook Code of Ordinances pertaining to Limousine Company licensing as reviewed by the Village Attorney. This change in the code would be consistent with the change approved by the Village Board for taxicabs April 23, 2013. Last saved by kkoubek C:Documents and SettingsUcvonachen\Local Settings \Temporary Internet Files\ Content.Ou tlook\RE39BVGN.imousine 052813 (2).docx Last printed 5212013 4 :09 PM ORDINANCE 2013 -LC- LIMO- CO -DR -G -1002 AN ORDINANCE AMENDING SECTIONS 4-10-3,4-10-4, AND 4 -10 -5 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATING TO LIMOUSINE LICENSES WHEREAS, Section 11 -42-6 of the Illinois Municipal Code, 65 ILCS 5111 -42-6 ( "Municipal Code', provides the Village of Oak Brook ( "Village") the authority to license, tax, and regulate limou- sines; and WHEREAS, pursuant to the Municipal Code, the Village adopted Chapter 10, of Title 4, of the Village Code of the Village of Oak Brook, Illinois ( "Village Code', which imposes regulations and license requirements for limousines operated within the Village to protect the safety and welfare of the Village's residents and those passing upon the Village's streets and ways ( "Limousine Regulations"); and WHEREAS, the Village President and the Board of Trustees have determined that the Limousine Regulations should be amended to improve the administration of the 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 -10 -3 of the Village Code. Section 3, entitled "Limou- sine Company Licenses," of Chapter 10, entitled "Limousines," of Title 4, entitled "Business and License Regulations," of the Village Code shall be amended further, and shall read as follows: "4 -10 -3: LIMOUSINE COMPANY LICENSES A. No lore w ..._ shall be ae.ated upon streets and ways within the village _ _hall any limousine company shall engage in business, pick up or deposit passen- gers within the Village unless the limousine company first the.e shall F ave.c. hayae been obtaineds_ tf ^'^P. e6 a limousine company license. Such limousine company licenses shall be issued for the term of the licensing year, April 1 through March 31, or such part thereof as remains at the time the license is applied for, and shall be effective for such period of time unless sooner suspended or revoked. The full yearly license fee shall be charged no matter when the license is applied for or issued. B. Applications shall be made by the limousine company, in writing, to the village on forms provided by the village. A license fee of two hundred fft dollars ( $290 09 250 00) shall be submitted with the application. If the application is for renewal of a limousine license, the application shall be submitted to the village not less than thir- ty (30) days prior to expiration of the current license. Renewal applications filed af- ter this deadline shall be considered a late filing but shall be accepted by the village provided a late filing fee of two hundred fifty dollars ($250.00) is submitted with the application and license fee. Ordinance 2013- LC- LIMO- CO -DR -G -1002 Limousine Licensing Amendment Page 2 of 5 D. The limousine company, in addition to obtainina a limousine company license, shall license or cause to be licensed each individ- ual limousine opeFated by, fOF OF an behalf of sueh Gempany within the village, it operates, or that is operated on its behalf, that picks up or deposits pas- sengers within the Villaae, in accordance with this sestien Section 3: Amendment to Section 4 -10-4 of the Village Code. Section 4, entitled "Limou- sine Vehicle License; Vehicle Requirements" of Chapter 10, entitled "Limousines," of Title 4, entitled "Business and License Regulations," of the Village Code shall be amended further, and shall read as fol- lows: "4 -2-4: LIMOUSINE VEHICLE LICENSE; VEHICLE REQUIREMENTS A. No limousine vehicle shall be ^^^Fate!' in the "' " ° ^° pick up or deposit passen- gers within the Village unless there shall first have been obtained for each such vehicle a limousine vehicle license. The requirements of this section shall be in ad- dition to those of section 4 -10 -3 of this chapter, relating to limousine company li- censes, and section 4 -10 -5 of this chapter, relating to limousine drivers' li- censes. E. The condition of limousines licensed by the village shall be as follows: Every limousine operated On the .;."age by a limousine company li- censed by the village shall be maintained in a safe condition at all times. If any limousine shall become unsafe for operation or if its body or seating facilities shall be so damaged as to render the limousine unfit for public use, the commissioner may, after hearing, suspend the li- cense issued to the limousine company operating that vehicle, or sus- pend that limousine vehicle license, until the vehicle is made safe for use by the public or replaced with a vehicle that complies with this chapter. 2. All doors of every limousine shall have functional interior door handles and latches. Ordinance 2013- LC- LIMO- CO -DR -G -1002 Limousine Licensing Amendment Page 3 of 5 3. In addition to the requirements in subsection F of this section, every limousine shall meet the following standards while in service in the vil- lage: The vehicle's exterior appearance including paint, lettering and chrome shall be in good condition and free from excessive rust; and b. The vehicle's interior shall be clean, sanitary and the upholstery shall be in good repair. F. Each limousine operated by a licensed limousine company vAthin the village shall 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 vehi- cle in the event that one side is rendered impassible as the result of an acci- dent, safety conditions or otherwise. Section 4: Amendment to Section 4 -10 -5 of the Village Code. Section 5, entitled "Limou- sine Driver's license" of Chapter 10, entitled "Limousines," of Title 4, entitled "Business and License Regulations," of the Village Code shall be amended further, and shall read as follows: "4 -2 -5: LIMOUSINE DRIVER'S LICENSE: A. Required: It shall be unlawful for any person to operate a limousine licensed pur- village unless that person has been issued a limousine driver's license by the vil- lage. It shall be unlawful for any person to pick up or deposit passengers in th Yilla eperate a limousine on behalf of a limousine company that is not properly licensed pursuant to section 4 -10 -3 of this chapter or that is not a li- ensed limousine pursuant to section 4 -10-4 of this chapter. No limousine driver's license shall be issued unless the requirements relating to limousine com- panies set forth in section 4 -10 -3 of this chapter and the requirements of this sec- tion have been satisfied. B. Driver Qualifications: Each driver who shag drives any limousine in the village that to he licensed pursuant to section 4 -10-4 of this chapter shall at all times meet the following qualifications:" Ordinance 2013- LC- LIMO- CO -DR -G -1002 Limousine Licensing Amendment Page 4 of 5 Section 5: 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 6: 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. [SIGNATURE PAGE FOLLOWS] APPROVED THIS 28" day of May, 2013. PASSED THIS 28th day of May, 2013. Nays: Gopal G. Lalmalani Village President ATTEST: Charlotte K. Pruss Village Clerk Ordinance 2013- LC- LIMO- CO -DR -G -1002 Limousine Licensing Amendment Page 5 of 5