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G-756 - 08/24/2004 - LICENSE - OrdinancesORDINANCE 2004- LC- TA -EX1 -G -756 PAMPHLET FRONT OF PAMPHLET AN ORDINANCE AMENDING SECTIONS 4 -2 -3 -1 (CAB COMPANY LICENSES) AND 4 -2 -3 -2 (TAXICAB DRIVER'S LICENSES) OF TITLE 4 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS PUBLISHED IN PAMPHLET FORM THIS 30th DAY OF August , 2004, BY ORDER OF THE CORPORATE AUTHORITIES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS OF C) *© NTY Linda K Gonnella, CMC Village Clerk Fil ORDINANCE 2004- LC- TA -EX1 -G -756 AN ORDINANCE AMENDING SECTIONS 4 -2 -3 -1 (CAB COMPANY LICENSES) AND 4 -2 -3 -2 (TAXICAB DRIVER'S LICENSES) OF TITLE 4 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS WHEREAS, the Village Clerk has recommended amendments to Sections 4 -2 -3 -1 (Cab Company Licenses) and 4 -2 -3 -2 (Taxicab Driver's Licenses) of Title 4 (Business and License Regulations) of the Village Code of the Village of Oak Brook; and WHEREAS, the Village President and Board of Trustees have reviewed these amendments and have approved the changes recommended by the Village Clerk, 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 The provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2. Sections 4 -2 -3 -1 and 4 -2 -3 -2 of the Village Code of the Village of Oak Brook are amended to read as set forth in attached Exhibit A Section 3 That this ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Ayes Nays APPROVED THIS 24th day of August, 2004. Kevi Quinlan Vil ge President PASSED THIS 24th day of August, 2004. Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis None Absent None V • Y' l��S, w r p � �UC'aTr , ATTEST Linda K Gonnella, CMC Village Clerk EXHIBIT A 4- 2 -3 -1: CAB COMPANY LICENSES: A License Required , It shall be unlawful for any cab company to operate a taxicab for transportation of passengers for hire from a point of origin within the Village unless that cab company is licensed by the Village It shall be unlawful for any cab company to operate a taxicab that is not properly registered pursuant to subsections B3 and B4 of this section B Application And Issuance Of License The cab company shall apply to the Village clerk for a cab company license before operating any taxicabs within the Village The application for a cab company license shall be approved by the commissioner and a cab company license issued pursuant to the following rules and regulations 1 Application shall be made by the cab company, in writing, to the Village clerk on a form as reasonably required and approved by the commissioner A license fee of two hundred dollars ($200 00) shall be submitted with the application If the application is for renewal of a cab company license, the application shall be submitted to the Village clerk by March 1 of the year in which the license will expire Applications filed after this deadline shall be considered a late filing but shall be accepted by the Village clerk provided a late filing fee of fifty dollars ($50 00) is submitted with the application and the license fee 2 The cab company shall be required to include in the application a true statement of certain facts including, but not limited to. the state of incorporation of the cab company if the cab company is a corporation, whether the cab company is organized and qualified to do business under the laws of the state if the cab company is a corporation, the cab company's principal place of business, the names of the individuals who own the cab company; whether the cab company is a corporation, partnership or sole proprietorship, the registered agent of a corporate cab company 3 The cab company shall, with its application for a cab company license, register or cause to be registered each taxicab operated by or operated for such company within the Village The following information for each taxicab to be registered shall be provided. a The year, make, color and vehicle identification number b Name, address and telephone number of the owner c Written certification that required safety inspections of the taxicab and inspection of the taximeter have been completed within thirty (30) days prior to application and that these inspections find the taxicab to be safe and the taximeter to be in proper working order and accurate 4 A taxicab shall not be registered under subsection B3 of this section until it has passed a visual inspection by Oak Brook police department personnel to ascertain compliance with subsections 4 -2- 7A and C and section 4 -2 -8 of this chapter and until a registration fee of twenty five dollars ($25 00) has been paid to the Village and received by the Village clerk If the taxicab successfully passes the inspection, police department personnel shall affix a -decal on the left side of the rear bumper of the taxicab, indicating that it is properly registered with the Village The decal shall remain on the taxicab throughout the term of the cab company license and shall not be removed 5 The Village shall investigate the owner(s) of the applicant cab company including each officer, general partner or.sole proprietor If this investigation or the application material uncovers information showing any of the following, the application shall not be approved and no license shall be issued to the cab company a An owner(s) has been convicted of a felony based upon his /her conduct or involvement in such business activity or similar business within the past ten (10) years, b An owner(s) has been convicted of a felony or misdemeanor unrelated to his /her conduct or involvement in such business activity or similar business, but which felony or misdemeanor involved the use of a deadly weapon or possession of a deadly weapon, unlawful possession with the intent to deliver narcotic drugs or the possession with the intent of personal use or attempted possession of narcotic drugs or violence against another person or threatened violence against another person, including criminal sexual assault and sexual abuse, within the past ten (10) years, c An owner(s) has been convicted of a misdemeanor based upon his /her conduct or involvement in such business activity or similar business within the past five (5) years, or d The owner(s) or applicants) has misrepresented facts in the application for a license 6 No cab company license shall be issued unless the applicant has fully complied with the application and disclosure requirements of this section and subsection C of this section C Insurance Requirements 1 The cab company shall be required to file with the Village clerk, along with its application for a cab company license, a certificate of insurance showing that the cab company, its drivers and employees are insured against public liability and property damage in not less than the amounts shown in subsection C2 of this section on account of its operation of taxicabs in the Village, and shall provide proof of automobile liability insurance for each taxicab registered pursuant to this subsection The cab company shall also file a certificate of insurance for workers' compensation claims in not less than the amounts required by state statute 2 Taxicab companies with independent contractors as taxicab drivers must cause each driver to provide proof of automobile liability insurance for each taxicab registered pursuant to this section The limits for the required automobile liability insurance shall be not less than one hundred thousand dollars ($100,000 00) for injury to any one person or three hundred thousand dollars ($300,000 00) for personal injuries in any one occurrence, and not less than twenty five thousand dollars ($25,000 00) for property damage in any one occurrence Certificate of insurance holder must name the Village of Oak Brook as a party insured, and shall submit 'to the Village a certificate or policy of insurance as evidence of such coverage, issued by an insurance company licensed to do business in the State and have a "Best" rating acceptable to the Village. 3 If the insurance expires or is otherwise terminated during the term of the license, the cab company shall submit to the commissioner, within fifteen (15) days of receipt thereof, a new certificate of insurance showing that the policy has been renewed or a new policy obtained which meets the requirements of this section. D Transfer Of License If a licensee holding a cab company license under this chapter shall change the principal place of business, it shall apply to the Village clerk for a transfer of the license, such application to state the address of the new principal place of business Upon approval of the commissioner, the Village clerk shall make the necessary alterations and endorse the transfer on the license No fee shall be required for the transfer of a license for a change in the principal place of business of the company . If ownership of a cab company licensed under this chapter shall be conveyed to a new owner, said new owner shall apply for a new license in its name in accordance with the procedures and standards set forth in subsections B and C of this section There shall be no transfer of a license from one owner of a business to another E Term Of License, Fee Proration The term of all taxicab company licenses issued under the provisions of this chapter shall be from April 1 to March 31, and in every case shall expire at the end of the day on March 31 next following the date of issuance The full yearly license fee shall be charged no matter when the license is applied for or issued F Changes In Taxicabs During License Term: During the term of any license issued to a cab company, if the cab company substitutes another taxicab for any taxicab registered with the Village pursuant to subsection 133 of this section, or adds any additional taxicab to the list of registered taxicabs, the company shall register such substitute or additional taxicab with the Village pursuant to subsections B3 and B4 of this section 4- 2 -3 -2: TAXICAB DRIVER'S LICENSES: A Required It shall be unlawful for any driver to operate a taxicab for a cab company licensed by the Village unless that driver is licensed by the Village It shall be unlawful for any driver to operate a taxicab that is not properly registered pursuant to subsections 4 -2 -3 -1 B3 and 134 of this chapter B Transfer Of Taxicab Driver's License No taxicab driver's license shall be assigned or transferred to any other person C Application For And Issuance Of Taxicab Driver's License The application for a taxicab driver's license shall be approved by the commissioner and a taxicab driver's license issued pursuant to the following rules and regulations 1 Application shall be made by the driver, in writing, to the Village clerk on a form as required and approved by the commissioner Prior to issuance of the license, a license fee of fifty dollars ($50 00) shall be submitted 2 The driver shall be required to include in the application a true statement of certain facts including, but not limited to, the age of the driver, the driving convictions of the driver, the type of state driver's license of the driver, any felony convictions of the driver, the home address and here telephone number of the driver 3 At the time of application, the driver shall submit his /her driving abstract obtained from the Illinois secretary of state's office within thirty (30) days prior to the submittal of the application for a license 4 At the time of application, the driver shall submit a two inch by two inch (2" X 2 ") photo of himself /herself clearly showing his /her face and shoulders, which photo shall have been taken within thirty (30) days prior to the date of application 5 The Village shall investigate the applicant for a taxicab driver's license If this investigation or the application materials uncover information showing any of the following, the application shall not be approved and no taxicab driver's license shall be issued to the applicant a The applicant has been convicted of a felony based upon his /her conduct or involvement in such business activity or similar business within the past ten (10) years, b The applicant has been convicted of a felony or misdemeanor unrelated to his /her /her conduct or involvement in such business activity or similar business, but which felony or misdemeanor involved theft or retail theft, the use of a deadly weapon or possession of a deadly weapon, , unlawful possession with the intent to deliver narcotic drugs or the possession with the intent of personal use or attempted possession of narcotic drugs or violence against another person or threatened violence against another person, including criminal sexual assault and sexual abuse, within the past ten (10) years, c The applicant has been convicted of a misdemeanor or licensing ordinance violation based upon his /her conduct or involvement in such business activity or similar business within the past five (5) years, d The applicant has been convicted of driving under the influence of drugs or alcohol within the past five (5) years, e The applicant has been convicted of reckless driving within the past five (5) years, f The applicant's driver's license has been suspended for moving and non - moving violations involving a motor driven vehicle within the past five (5) years, or g The owner(s) or applicant(s) has misrepresented facts in the application for a license 6 The applicant for a taxicab driver's license shall provide to the Village clerk with his /her application evidence that he holds a valid Illinois operator's license that allows him to operate taxicabs under the laws of the state 7 Upon issuance of a taxicab driver's license, the driver shall at all times when operating a taxicab in the Village carry a license card that contains his /her name, license number and year for which the license is valid The taxicab driver shall exhibit this card upon the request of any passenger or police officer 8 No cab company license shall be issued unless the applicant has fully complied with the application and disclosure requirements of subsections 4 -2 -3 -1 B and C of this chapter D Term Of Taxicab Driver's License, Proration. The term of all taxicab drivers' licenses issued under the provisions of this chapter shall be from April 1 to March 31, and in every case shall expire at the end of the day on March 31 next following the date of issuance The full yearly license fee shall be charged no matter when the license is applied for or issued. ORDINANCE 2004- LC- TA -EX1 -G -756 PAMPHLET I-T.Tal ►Kola \yjIwi19m AN ORDINANCE AMENDING SECTIONS 4 -2 -3 -1 (CAB COMPANY LICENSES) AND 4 -2 -3 -2 (TAXICAB DRIVER'S LICENSES) OF TITLE 4 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS PUBLISHED IN PAMPHLET FORM BY ORDER OF THE CORPORATE AUTHORITIES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS