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16.40.310 Executive Town Car Company Permit Application Standards for Approval and/or Denial and Certification Requirements.

A.  Application. An applicant for an Executive Town Car Company permit shall submit to the Director:

1.  A completed application on a form supplied by the Director;

2.  Proof of registration with the Secretary of State for any corporate, LLC or LLP entity;

3.  Proof of registration with the Secretary of State for any assumed business name, along with a listing of the registrant of such;

4.  A list of all persons or entities with more than 10 percent stock ownership if the company issues stock certificates;

5.  If the applicant Executive Town Car Company is individually owned, the name, business address (or home address if no business address), telephone number and date of birth of the owner;

6.  If the applicant Executive Town Car Company is a corporation, partnership or other business entity, the names, business addresses, telephone numbers, and date of birth of the person or persons vested with authority to manage or direct the affairs of the legal entity in Portland (“Authorized Representative”) or to bind the legal entity in dealings with third parties, and any other information that the Director may reasonably require;

7.  The applicant Executive Town Car Company’s Zero-Tolerance Drug Policy;

8.  The applicant Executive Town Car Company's User Terms of Service;

9.  The applicant dispatch or passenger reservation contact information;

10.  Contact information of the Executive Town Car Company’s Agent of Service and Customer Service Support;

11.  The trade dress the applicant Executive Town Car Company proposes to use for each affiliated driver's vehicle, with a photo of the trade dress submitted with the application;

12.  Fare rates shall be provided to and approved by the Director prior to implementation, and;

13.  A nonrefundable application fee.

B.  All fines and penalties must be paid prior to issuing or reissuing an Executive Town Car company permit.

C.  Compliance with Secretary of State’s Rules.  No permit will be issued unless the company is validly registered with the Secretary of State, including all assumed business names.

D.  Insurance. All Executive Town Car permit holders shall comply with Executive Town Car insurance requirements pursuant to Section 16.40.330. All Executive Town Car Companies shall file a certificate of liability and applicable endorsements with the Director that evidences insurance coverage and terms that are in compliance with the requirements.

E.  Director Review Process. After receiving a completed Executive Town Car Company application form and upon successful completion of all the requirements pursuant to Section 16.40.310, the Director shall review the application in order to make a recommendation to the Commissioner-in-Charge for approval or denial.

F.  Application Approval. Upon approval by the Commissioner-in-Charge, the Director may be directed to issue an Executive Town Car Company permit.

G.  Application Denial. The Application shall be denied for any of the following:

1.  The Executive Town Car Company applicant fails to submit all required information and documentation, including valid proof of insurance;

2.  The Executive Town Car Company applicant leases, permits, or otherwise allows other entities not affiliated with the Executive Town Car Company and certified by the Director to operate Executive Town Car services;

3.  The application has a material misstatement or omission, and;

4.  The Executive Town Car Company application is incomplete.

H.  Denial Appeal. If the application is denied, the applicant Executive Town Car Company may appeal the decision to the Code Hearings Officer under the provisions of Chapter 22.10.

I.  Providing Executive Town Car Services. Executive Town Car Services shall only be provided by a permitted Executive Town Car Company.

J.  Certification of Executive Town Car Drivers. The Executive Town Car Company shall regularly provide a list of applicant drivers affiliated with the permitted Executive Town Car for Director certification that drivers meet requirements in Section 16.40.300 on a form approved by the Director. Drivers shall be certified by the Director prior to providing Executive Town Car services on behalf of the affiliated Executive Town Car Company and Executive Town Car drivers not meeting all required conditions will not be certified as a permitted Executive Town Car Driver and will not be allowed to operate as a Executive Town Car Driver. Such requirements include:

1.  Criminal and Driver Background Checks;

2.  Personal Automobile Liability Insurance;

3.  Valid Driver License;

4.  Driver training within 30 calendar days of an Executive Town Car Driver’s certification by the Director.

K.  Executive Town Car Driver Re-certification. The Executive Town Car Company shall provide a list of applicant drivers for re-certification to the Director within one month prior to the Executive Town Car Driver certification expiration, on a form approved by the Director. Applicant drivers shall meet all conditions and be consistent with Executive Town Car Driver certification requirements pursuant to Section 16.40.300. Drivers not meeting all such conditions will not be re-certified as a Executive Town Car Driver and shall not be allowed to operate as an Executive Town Car Driver.

L.  Certification of Executive Town Car Vehicles. The Executive Town Car Company shall regularly provide a list of applicant vehicles affiliated with the permitted Executive Town Car Company for Director certification that vehicles meet requirements pursuant to Section 16.40.300 on a form approved by the Director. Vehicles shall be certified by the Director and affiliated with a permitted Executive Town Car Company prior to providing Executive Town Car Services. Vehicles not meeting all required conditions will not be certified as a permitted Executive Town Car vehicle and will not be allowed to operate as an Executive Town Car Vehicle. Such requirements include:

1.  Vehicle safety inspection;

2.  Vehicle registration and licensing;

3.  Vehicle condition;

4.  Executive Town Car Company general and motor vehicle liability insurance;

5.  Personal Automobile Liability Insurance, as required by state law.

M.  Term of Certification of Executive Town Car Vehicles. Certifications for Executive Town Car Vehicles provided by the Director shall be valid for a term of one year from date of Director certification.

N.  Executive Town Car Vehicle Re-certification. The Executive Town Car Company shall provide a list of applicant vehicles for re-certification to the Director within one month prior to the Executive Town Car Vehicle certification expiration, on a form approved by the Director. Applicant vehicles shall meet all conditions and be consistent with Executive Town Car Vehicle certification requirements pursuant to Section 16.40.300 for re-certification. Vehicles not meeting all such conditions will not be re-certified as an Executive Town Car Vehicle and shall not be allowed to operate as an Executive Town Car Vehicle.

O.  Denial Appeal. If an Executive Town Car Driver or Executive Town Car Vehicle certification is denied, suspended or revoked by the Director, the applicant driver may appeal the decision to the Code Hearings Officer under the provisions of Chapter 22.10.

P.  Right to a Permit. The Executive Town Car Company’s ability to satisfy the criteria for an Executive Town Car Company permit does not create a right to an Executive Town Car Company permit.

Q.  Transferring Permits. Transferring permits shall be prohibited.

R.  Removal of Executive Town Car Drivers and Vehicles from affiliated Executive Town Car Company. Executive Town Car Companies shall provide to the Director notification of affiliated Executive Town Car Drivers that have been prohibited from providing Executive Town Car services by the affiliated Executive Town Car Company and Executive Town Car Vehicles that have been removed from the fleet of the affiliated Executive Town Car Company as changes occur.

S.  Operating at the Port of Portland. Executive Town Car Companies, Drivers, and Vehicles are prohibited from operating at the Portland International Airport without specific permission or approval from the Port of Portland.