HomeMy WebLinkAboutORD 16-001ORDINANCE NO. 16-001
ENTITLED AN ORDINANCE RENUMBERING CHAPTER
6, ARTICLE 6.06 PAWNSHOPS AND PAWNBROKERS
TO ARTICLE 6.11 PAWNSHOPS AND PAWNBROKERS;
ADOPTING A NEW ARTICLE 6.06 TRANSPORTATION
NETWORK COMPANIES OF THE CODE OF
ORDINANCES OF BEAUMONT, TEXAS TO MAKE
CHANGES AND ADDITONS RELATING TO
TRANSPORTATION NETWORK COMPANIES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL; AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
RPrfinn 1
THAT Chapter 6, Article 6.06 Pawnshops and Pawnbrokers of the Code of Ordinances
of the City of Beaumont, be and the same is hereby renumbered Article 6.11
Pawnshops and Pawnbrokers.
Section 2.
THAT Chapter 6, Article 6.06 of the Code of Ordinances of the City of Beaumont, be
and the same is hereby amended by adopting a new Article 6.06 to read as follows:
ARTICLE 6.06 TRANSPORTATION NETWORK COMPANIES
Division 1. Generally
Sec. 6.06.001 Definitions
In this article:
Digital network means any online -enabled application, software, website, or system
offered or used by a transportation network company that enables a prearranged ride
with a transportation network company driver.
Operating permit means the permission granted by the city to operate a TNC inside
the city for a period of one year, renewable under the provisions of this chapter. The
permit term shall automatically renew for additional terms of one (1) year upon payment
of fees, unless a party sends written notice of termination to the other party at least
thirty (30) days prior to the end of the then current term.
Prearranged ride means transportation provided by a transportation network
company driver to a transportation network company rider or passenger, beginning at
the time a driver accepts a ride requested by a rider or passenger through a digital
network controlled by a transportation network company and ending at the time the last
requesting rider departs from the driver's personal vehicle. The term does not include:
(1) a shared expense carpool or vanpool arrangement or service; or
(2) transportation provided using a taxicab, limousine, or similar for -hire vehicle.
Transportation Network Company (TNC) means a corporation, partnership, sole
proprietorship, or other entity operating in this state that uses a digital network to
connect a transportation network company rider to a transportation network company
driver for a prearranged ride. The term does not include an entity arranging
nonemergency medical transportation under a contract with the state or a managed
care organization for individuals qualifying for Medicaid or Medicare.
Transportation Network Company (TNC) Driver shall mean an individual who
operates a motor vehicle that is:
(1) Owned, leased or otherwise authorized for use by the individual;
(2) Not a taxicab; and
(3) Used to provide Transportation Network Company services.
Transportation Network Company (TNC) Rider/Passenger means an individual who
uses a transportation network company's digital network to connect with a
transportation network company driver who provides a prearranged ride to the individual
in the driver's personal vehicle between points chosen by the individual.
Transportation Network Company (TNC) Services shall mean transportation of a
passenger between points chosen by the passenger and prearranged with a TNC driver
through the use of a TNC digital network or software application. TNC services shall
begin when a TNC driver accepts a request for transportation received through the
TNC's digital network or software application, continues while the TNC driver transports
the passenger in the TNC driver's vehicle, and ends when the passenger exits the TNC
driver's vehicle. TNC service is not a taxicab or street hail service.
Sec. 6.06.002 Fare charged for services
(a) A TNC or TNC driver may charge a fare for the services provided to passengers;
provided that, if a fare is charged, the TNC shall disclose to passengers the fare
calculation method on its website or within the software application service. The
TNC shall also provide passengers with the option to receive an estimated fare
before the passenger enters the TNC driver's vehicle.
(b) If a TNC utilizes dynamic pricing through its software application to incentivize
drivers in an effort to maximize the supply of available vehicles on the network to
match the demand for rides and increase reliability, the software application must:
(1) Provide clear and visible indication that dynamic pricing is in effect prior to
requesting a ride;
(2) Include a feature that requires riders to confirm that they understand that
dynamic pricing will be applied in order for the ride request to be completed;
(3) Provide a fare estimator that enables the user to estimate the cost under
dynamic pricing prior to requesting the ride; and
Sec. 6.06.003 Agent required
The TNC must maintain an agent for service of process in the State of Texas.
Sec. 6.06.004 Identification of TNC vehicles and drivers
Before a TNC ride is accepted, the TNC's software application or website shall
display the driver's first name, an accurate picture of the TNC driver, a picture or
description of the vehicle, and the license plate number of the motor vehicle utilized for
providing the TNC service.
Sec. 6.06.005 Electronic receipt required
Within a reasonable period of time following the completion of a trip, a TNC shall
transmit an electronic receipt to the passenger that lists:
(1) The origin and destination of the trip;
(2) The total time and distance of the trip; and
(3) An itemization of the total fare paid, if any.
Sec. 6.06.006 Zero tolerance for alcohol or drug use
(a) The TNC shall implement a zero tolerance policy on the use of drugs or alcohol
while a TNC driver is providing TNC services or is logged into the TNC's digital
network but is not providing TNC services, and shall provide notice of this policy on
its website, as well as procedures to report a complaint about a driver with whom a
passenger was matched and whom the passenger reasonably suspects was under
the influence of drugs or alcohol during the course of the trip.
(b) Upon receipt of such passenger complaint alleging a violation of the zero tolerance
policy, the TNC shall immediately suspend such TNC driver's access to the TNC's
digital platform, and shall conduct an investigation into the reported incident. The
suspension shall last the duration of the investigation.
(c) The TNC shall maintain records relevant to the enforcement of this requirement for
a period of at least two years from the date that a passenger complaint is received
by the TNC.
Sec. 6.06.007 No street hails
A TNC driver shall exclusively accept rides booked through a TNC's digital network
or software application service and shall not solicit or accept street hails.
Sec. 6.06.008 No cash rides
The TNC shall adopt a policy prohibiting solicitation or acceptance of cash
payments from passengers and notify TNC drivers of such policy. TNC drivers shall not
solicit or accept cash payments from passengers. Any payment for TNC services shall
be made only electronically using the TNC's digital network or software application.
Sec. 6.06.009 No discrimination; accessibility
(a) The TNC shall adopt a policy of non-discrimination on the basis of destination, race,
color, national origin, religious belief or affiliation, sex, disability, age, sexual
orientation, or gender identity with respect to passengers and potential passengers
and notify TNC drivers of such policy.
(b) TNC drivers shall comply with all applicable laws regarding non-discrimination
against passengers or potential passengers on the basis of destination, race, color,
national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or
gender identity.
(c) TNC drivers shall comply with all applicable laws relating to accommodation of
service animals.
(d) A TNC shall not impose additional charges for providing services to persons with
physical disabilities because of those disabilities.
(e) A TNC shall provide passengers an opportunity to indicate whether they require a
wheelchair -accessible vehicle. If a TNC cannot arrange wheelchair -accessible TNC
service in any instance, it shall direct the passenger to an alternate provider of
wheelchair -accessible service, if available.
Sec. 6.06.010 Records required
(a) A TNC shall maintain
(1) Individual trip records which must include driver and passenger identity
information for at least one year from the date each trip was provided; and
(2) TNC driver records at least until the one year anniversary of the date on which
a TNC driver's activation on the TNC digital network has ended.
(b) Within seven (7) business days of the receipt of a duly issued subpoena, court order
or warrant relating to investigation of a criminal matter, or within a longer period of
time if agreed to by the parties, the TNC shall furnish the requested records to the
chief of police. For any non -criminal investigations conducted by the chief of police
in his administrative capacity, a TNC will conduct an internal investigation and shall
within ten (10) business days or within a longer period of time if agreed to by the
parties furnish records in response to a written request related to the underlying
complaint, in accordance with its publicly posted privacy policies.
(c) Any record or information made available by a TNC to the City pursuant to this
ordinance may be confidential and proprietary. If the City is required to disclose
such confidential information under court order or other applicable law, the City shall
promptly notify the TNC of such requirement, prior to disclosure in accordance with
the Texas Public Information Act or other applicable law.
Sec. 6.06.011 Personal identity information
A TNC shall not disclose a passenger's personal identity information to a third party
unless: the passenger consents, disclosure is required by a legal obligation, or
disclosure is required to protect or defend the terms of use of the service or to
investigate violations of those terms. In addition to the foregoing, a TNC shall be
permitted to share a passenger's name and/or anonymized telephone number with the
TNC driver providing TNC services to such passenger in order to facilitate correct
identification of the passenger by the TNC driver, or to facilitate communication between
the passenger and the TNC driver.
Division 2. Operating Permit
Sec. 6.06.012 Required
No TNC shall operate upon the city streets without having first obtained an
operating permit from the City of Beaumont.
Sec. 6.06.013 Application
An application for an operating permit required under this division shall be filed with
the Chief of Police upon forms provided by the city. The application shall contain the
following information:
(1) The name and business address of the TNC applicant;
(2) If a business entity, certified copies of the TNC applicant's organizational
documents, e.g., certificate of organization, articles of incorporation or similar
documents as applicable, together with evidence of authorization from the
Texas Secretary of State to conduct business in the state of Texas, and current
franchise tax account status with the Texas Comptroller;
(3) The experience or capabilities possessed by the TNC applicant with regard to
using its digital network to connect TNC riders to TNC drivers for prearranged
rides; and
(4) Any relevant information the TNC applicant believes tend to prove that public
convenience and necessity require the granting of an operating permit.
Sec. 6.06.014 Fees
No operating permit required under this division shall be issued or continued in
operation unless the holder thereof has paid an annual license fee of $100.00. The fees
shall be paid to the city to compensate the city for its superintendence of the TNC
business operated under this article and for the use of the city streets, alleys and public
ways.
Sec. 6.06.015 Issuance of Operating Permit
If the Chief of Police determines that the applicant is fit, willing and able to provide
the public transportation and to conform to this article, he shall issue an operating
permit stating the name and address of the applicant; otherwise, the application shall be
denied.
Sec. 6.06.016 Suspension and revocation
(a) Upon the filing of a written complaint alleging a violation of any of the provisions of
this article by a TNC driver or a TNC filed by any person with the chief of police, or
upon the person's motion, the chief of police, after five days' notice of the grounds
of such complaint to the TNC driver or owner or operators of the TNC against whom
complaint is made, shall conduct an investigation and, where appropriate, hear
evidence with reference to such complaint, and after such hearing, the chief of
police may revoke or suspend the operating permit of such holder or require the
TNC to revoke said TNC driver's access to its digital network or platform with good
cause shown.
(b) Due cause for the suspension or revocation of an operating permit will include, but
not be limited to, the following:
(1) Failure of the operating permit holder to maintain any and all of the general
qualifications applicable to the initial issuance of the permit as set forth in this
title;
(2) Obtaining an operating permit by providing false information;
(3) Violating any ordinance of the city, the laws of the United States or of the state,
the violation of which adversely affects the ability of holder to operate as a
Transportation Network Company (TNC); or
(4) Violating any part of this article.
(c) The holder shall have the right to appeal the suspension or revocation to the city
council within ten business days of the notice of suspension or revocation. Such
appeal will be submitted by delivering said notice of appeal to the city clerk setting
forth the specific grounds for the appeal. The city council shall either hear the
appeal or appoint a hearing officer to preside over the appeal hearing. Upon
receiving such notice of appeal, the city council or hearing officer, as soon as
practical thereafter, shall conduct a hearing at which the appealing party will be
given an opportunity to present evidence and make argument on the holder's
behalf. It shall be the burden of the appellant to establish that the decision of the
chief of police is incorrect. The chief of police shall be entitled to present any
information or evidence which would support the chief's decision. The formal rules
of evidence do not apply to an appeal hearing under this section. The city council or
hearing officer shall make its ruling on the basis of a preponderance of the evidence
at the hearing.
(d) The city council or hearing officer shall assess the evidence presented at the
hearing and shall affirm, modify or reverse the decision of the chief of police. The
decision of the city council or hearing officer is final.
(e) If no appeal is taken from the ruling of the chief of police in the time and manner as
provided in this title, the ruling of the chief of police shall be final.
(f) Any person who continues to operate a TNC under a permit that has been
suspended or revoked for any reason while the suspension or revocation is in effect
shall be considered guilty of a misdemeanor and upon conviction thereof, shall be
assessed a penalty accordingly. Every day's violation shall be considered to be a
separate offense.
Division 3. Driver and Vehicle Requirements
Sec. 6.06.017 Driver background check required
(a) Prior to permitting an individual to act as a TNC driver on its digital platform, the
TNC shall:
(1) Require the individual to submit an application to the TNC which includes
information regarding his or her address, age, driver's license, driving history,
motor vehicle registration, automobile liability insurance, and other information
required by the TNC;
(2) Conduct, or have a third party conduct, a local and national criminal background
check for each TNC driver that shall include:
a. Multi-state/Multi-jurisdiction criminal records locator or other similar
commercial nationwide database with validation (primary source search);
and
b. National Sex Offender Registry database; and
(3) Obtain and review a driving history research report for such individual.
(b) The TNC shall not permit an individual to act as a TNC driver on its digital platform
who:
(1) Has had more than three moving violations in the prior three-year period, or one
major violation in the prior three-year period (including, but not limited to,
attempting to evade the police, reckless driving, or driving on a suspended or
revoked license);
(2) Has been convicted, within the past seven years, of driving under the influence
of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit a
felony, a crime involving property damage, and/or class B misdemeanor or
higher theft, acts of violence, or acts of terror;
(3) Is a match in the National Sex Offender Registry database;
(4) Does not possess a valid driver's license;
(5) Does not possess proof of registration for the motor vehicle(s) used to provide
TNC services,
(6) Does not possess proof of automobile liability insurance for the motor vehicle(s)
used to provide TNC services; or
(7) Is not at least 19 years of age.
(c) Notification. In the event that a TNC becomes aware of a driver being involved in
criminal conduct or driving violations or otherwise becomes ineligible to operate as
a driver by virtue of no longer meeting the criteria listed above, the TNC shall
immediately revoke the driver's ability to access the platform's application.
Sec. 6.06.018 Vehicle safety and emissions
The TNC shall require that any motor vehicle(s) that a TNC driver will use to provide
TNC services meets the requirements set forth in V.T.C.A., Transportation Code, Ch.
547 for vehicle safety equipment and inspection.
Division 4. TNC and TNC Driver Insurance Requirements
Sec. 6.06.019 Insurance requirements
(a) A TNC and TNC Drivers shall comply with the requirements of Chapter 1954 of the
Texas Insurance Code, as amended.
(b) At the time a TNC Driver is logged on to the transportation network company's
digital network and is available to receive transportation network requests, as well
as between prearranged rides, the minimum amounts of liability insurance coverage
required are:
(1) $50,000 for bodily injury to or death for each person in an incident;
(2) $100,000 for bodily injury to or death of a person per incident; and,
(3) $25,000 for damage to or destruction of property of others in an incident,
(4) Uninsured or underinsured motorist coverage where required by Texas
Insurance Code Section 1952.101; and,
(5) Personal injury protection coverage where required by Texas Insurance
Code Section 1952.152.
(c) At the time a TNC Driver is engaged in a prearranged ride, the automobile
insurance policy must provide, at a minimum:
(1) Coverage with a total aggregate limit of liability of $1,000,000 for death,
bodily injury and property damage for each incident;
(2) Uninsured or underinsured motorist coverage where required by Texas
Insurance Code Section 1952.101; and,
(3) Personal and injury protection coverage where required by Texas
Insurance Code Section 1952.152.
(d) If an insurance policy maintained by a TNC Driver has lapsed or does not provide
the required coverage, the TNC shall provide the coverage required by this section
beginning with the first dollar of a claim against the driver.
(e) Insurance satisfying the requirements of this section satisfies the financial
responsibility requirement for an automobile under Chapter 601, Transportation
Code.
Sec. 6.06.020 Disclosure requirements
A TNC shall disclose in writing to TNC drivers, as part of its agreement with those
drivers, the insurance coverage and limits of liability that the TNC provides while the
driver uses a personal vehicle in connection with a TNC's online -enabled digital
network. A TNC shall also disclose in writing to participating drivers, as part of its
agreement with those drivers, that the driver's own automobile insurance policy might
not provide coverage while the TNC driver uses a vehicle in connection with a TNC's
digital network depending on its terms.
Section 3.
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any
reason be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Ranfinn 4
That all ordinances or parts of ordinances in conflict herewith are repealed to the extent
of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction, be
punished, as provided in Section 1.01.009 of the Code or Ordinance of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
January, 2016.
Lu
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ayor BeckyAmes -