HomeMy WebLinkAbout67-15 RESOLUTIONRESOLUTION NO. 67-15
A RESOLUTION TO GRANT A CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY TO COLLEGE TOWN LIMO FOR THE OPERATION OF
ONE (1) TO THREE (3) LIMOUSINES IN THE CITY OF FAYETTEVILLE
WHEREAS, the City Council of the City of Fayetteville, Arkansas finds that further
limousine service in the City is required by the public convenience and necessity; and
WHEREAS, the City Council of the City of Fayetteville, Arkansas, taking into
consideration the number of limousines already in operation, whether existing transportation is
adequate to meet the public need, the probable effect of increased service on local traffic
conditions and the character, experience, and responsibility of the applicant, finds the applicant,
College Town Limo is fit, willing, and able to perform such public transportation and to conform
to the provisions of Article V of Chapter 117 of the Fayetteville Code of Ordinances,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby grants a
Certificate of Public Convenience and Necessity to College Town Limo for the operation of one
(1) to three (3) limousines in the City of Fayetteville, in accordance with Article V of Chapter
117 of the Fayetteville Code of Ordinances.
PASSED and APPROVED this 17th day of March, 2015.
ATTEST:
By: '9&�
-,1111SONDRA E. SMITH, City Clerk/ ``o,fer j'�''��
E P
-UeFAYETTEVILLEAco�
r .
OJo�
•,,,
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
i 479-575-8323
Text File
File Number: 2015-0099
Agenda Date: 3/17/2015 Version: 1 Status: Agenda Ready
In Control: City Council File Type: Resolution
Agenda Number: C.2
COLLEGE TOWN LIMO:
A RESOLUTION TO GRANT A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
TO COLLEGE TOWN LIMO FOR THE OPERATION OF ONE (1) TO THREE (3) LIMOUSINES IN
THE CITY OF FAYETTEVILLE
WHEREAS, the City Council of the City of Fayetteville, Arkansas finds that further limousine service
in the City is required by the public convenience and necessity; and
WHEREAS, the City Council of the City of Fayetteville, Arkansas, taking into consideration the
number of limousines already in operation, whether existing transportation is adequate to meet the
public need, the probable effect of increased service on local traffic conditions and the character,
experience, and responsibility of the applicant, finds the applicant, College Town Limo is fit, willing,
and able to perform such public transportation and to conform to the provisions of Article V of Chapter
117 of the Fayetteville Code of Ordinances,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby grants a Certificate of
Public Convenience and Necessity to College Town Limo for the operation of one (1) to three (3)
limousines in the City of Fayetteville, in accordance with Article V of Chapter 117 of the Fayetteville
Code of Ordinances.
City of Fayetteville, Arkansas Page 1 Printed on 311212015
City of Fayetteville Staff Review Form
2015-0099
Legistar File ID
3/17/2015
......... ........ ... ... ------- --- ------ ..... . . ................... ................ ... ....... .. ....... ...... ...... .
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Greg Tabor 2/19/2015 Police /
Police Department
Submitted By Submitted Date Division Department
Action Recommendation:
A public hearingto determine if a Certificate of Public Convenience and Necessity should be issued to College
Town Limo for limousine service.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? NA
Budget Adjustment Attached? NA
Budget Impact:
Fund
Project Title
Current Budget $
Funds Obligated $
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Approval Date:
CITY OF
T .ay a
ARKANSAS
MEETING -OF -MARCH ..17,-2015-
TO:
.7,_2015.TO: Mayor and City Council
FROM: Greg Tabor, Chief of Police
DATE: February 19, 2015
CITY COUNCIL AGENDA MEMO
SUBJECT: Request for Public Hearing on a Certificate of Public Convenience and Necessity
RECOMMENDATION:
The City Council should schedule a public_hearin_g to determine if a Certificate of Public
Convenience and Necessity should be issued to College Town Limo for limousine service.
BACKGROUND:
City Ordinance 117 article IV governs the application process for taxis and limousines and
requires a public hearing to determine if there exists the further need for taxicab and limousine
service.
DISCUSSION:
Mr. Burchell is making application for limousine service only. He does not intend to be
permitted for taxis.
BUDGET/STAFF IMPACT:
The budget impact is minimal. The staff impact will result in the police department processing
the required fees, and the City Shop will take on additional inspections.
Attachments:
Application
Financial Statement
Proof of Insurance
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Certificate of Public
Convenience & Necessity
Page 1 of 3
Updated 62126/14
Certificate of Public Convenience & Necessity
A:prilication/Renewal
.As required:io.complywith.Chapter 117 of.the. Fayetteville Codeof Ordinances
Christopher Burchell 438 E Mimosa LN, Pville, :AR, 72703 479-236-0587
Applicant Name Address Phone Number
College Town Limo
Name of Business Phone Number
438 E Mimosa LN; Fayettevll_e,AR,.72703 .........................................................
Business .Location
438E .Mimosa:.LN, Fayet:teyille., AR, 72703
.._._.__...._........ ----- ..............-----Mailing Address — —------------...-..--.........._... - _...:__...:__........_-.._----_.._.................._.__.........._................
sole :proprietor
T�EfBusifles.(SeleProprItoiorpOrdtion,LLC)
Name and. address of all owners,,officers and stockholders:
Christopher.Burchell, 438 E Mimosa LN., Fayetteville,. AR 72703
Name of person to whom complaints should be directed:
Christopher Burphell
Type. of Permit Requested: Taxicab.............................Limousine_
_ _.,....... Limousine
Financial status of applicant (Attach financial statement or profit and loss statement)
List any unpaid judgments:against any .of the owners, officers and stockholders and the nature or
acts giving rise to said judgments:
There are no.unpaid:judgements against' the: owner.
Certificate of Public
Convenience &.Necessity
Page 2 of 3
Updated 02/26/14
Describe, the experience of all owners, officers and stockholders in the transportation of
passengers:
Mr: Borchelt; have generated indispensable experience driving fora'Fayetteville taxicab
I h also btsrne vittiess #ex the needs d warts t�f residerfts ar;tl visitors Io t a e�teville ani
seen places in which the present °marketplace of passenger vehicles for hire ::fails to sates
'Give any facts you believe tend to prove the necessity of granting a certificate:
The.. demandfor hired -passenger car service in Fayetteville appears to exceed availability. Although
the
long periods.of tkei have seen peop e`wart or xica s.:Qn Weekend nlgnts.
List the: number of: vehicles: that will be under your operation :or: control: ........:... one
Three
Minimum and Maximum number of vehicles to be permitted: One ._ ..
Minimum Maximum
List.the location of proposed depots and terminals:
The service will be available .on call. As such, no fixed terminals' or. depots will be designated.
Describe the color scheme or insignia to be used to designate your vehicle:
The "College Town Limo" logo G i� `2
represented . ppear on —' ere wi a
both middle side windows of the vehicle.
List your days and hours of operation:
Since: the: equipment and amenities i offer are traditionally most popular_during
an :wee ,pit s; a plpa.e ros o e service wr :e.:. e.ivere urfng ose rites.:
List any days:you donot propose to provide taxicab service to'the general public:
The service will be available for reservations on. any :given day.
List your. proposed passenger rate schedule:
A:plain:and simple hourly rate will be used. While the basic rate
.............. .. .
th a rate of $75 per hour.
.be reduced by special offers
n ate . o:- aunt a service
County of
c, On this the... day of C 2D tore.
L4 personally. appearehb..hL.. III
d 1.
known tome (or satisfactorily proven):to.be the person whose name: issubscribed to the within instrument
Police. Department Representative
Date .....__._...
To:
Fayetteville City Council
Fayetteville Police Department
Chris Burchell
438_E Mimosa IN, Fayetteville, AR 72703
9 .(479) 236-0587
February 13, 2015
Subject: Request fora Certificate of Public Necessity -for Colllege Town Limo
I would like to:request a certificate of public necessity so that I may launch a new limousine service imFay-
etteville called'College Town Limo.
I have made the necessary arrangements to finance the venture. Should I be:fortunate.enough to: be granted a cer-
tificate of public necessity and convenience from this council, I will be ableto immediately complete the acquis-
ition of a clear title over the business'sprimary asset, thelimousine itself.I :have no financial delinquencies or
judgements against me which would threaten my ability to sustain the service.
I have worked with a Fayetteville insurance agency to arrange a high level of commercial vehicle coverage to
be underwritten by National Liability and Fire. I also plan to rely on Fayetteville: businesses for the banking,
clothing, and mechanical needs of College Town Limo.
At.present, there is no limousine service based in Fayetteville. I am excitedat:the prospect of building :a service
which mirrors our city's values while serving its residents and visitors.
Thank you for considering my request.for a certificate of.public.necessity.and:convenienee..
Sincerel4L4Z
Chris Burchell
_-.. .
l7 iZ;4NC irervlr�g yr#�l t sas''Since: 1888
February 10, 2O1.:5 ................. .. _ .
Christopher Burchell
438 E Mimosa LN
Fayetteville, AR 72703
Re: Quote
Chris,
We have obtained the following:quo:tefor your limo business:
Auto Liability
$1,OO00.0. corribiried single liliait----------------------------------------_....................- ....--•.---
$1,000,000 uninsured/underinsured bodily injury only
1996 Lincoln, vin #1 LNLM81 W9TY606000 valued at $6000 total
Deductibles: comprehensive - $1,000; collision - $1,000
Radius 75 miles
Clean MVR for driver
Company: National Liability & Fire
Annual Premium: $2300
Quote is subject to:
Signed, completed applications
Acceptable MVRS and Drivers
No losses prior to binding
Quote is valid until 2/18/15
I'
erapai
7 Colt Square, Suite 1 1.: P.O. Box 4l7 Fayetteville, AR 72703 : Ph: 479.521.2233 Fax: 479.442.3521
OFFICE OF THE CITY CLERK TREASURER
Sondra E. Smith — City Clerk Treasurer
Lisa Branson — Deputy City Clerk
113W. Mountain Street, Suite 308
Fayetteville, AR 72701
March 9, 2015
Christopher Burchell
438 E Mimosa Lane
Fayetteville, AR 72703
RE: Public Hearing
Certificate of Public Convenience and Necessity
College Town Limo
Dear Mr. Burchell,
Phone 479.575.8323
citydcrk@fayetteville-ar.gov
Notice is hereby given that a Public Hearing will be held on March 17, 2015 regarding an application for
a Certificate of Public Convenience and Necessity for the following proposed Fayetteville Limousine
Company: College Town Limo
There will be a City Council Agenda Session at 4:30 p.m. on March 10, 2015 in Room 326 at City Hall, 113
West Mountain Fayetteville, Arkansas. This meeting is to review the Tentative Agenda for the March 17,
2015 City Council meeting. No public comment is allowed during the City Council Agenda Session.
The Public Hearing will be on the City of Fayetteville City Council Agenda for the March 17, 2015 City
Council meeting. The meeting will begin at 5:30 p.m. in Room 219 at City Hall, 113 West Mountain
Fayetteville, Arkansas.
You are to provide notice of this Public Hearing to all current and valid Certificates of Public Convenience
and Necessity for taxicabs and pedicabs and provide proof of such service to the City Council per City Code
117.32 (C) Certificate of Public Convenience and Necessity Required; Issuance Procedure
(C) Public Hearing for Certificate. When the Police Department notifies the City Clerk that a proper and
adequate application has been filed, the City Clerk shall fix a time and place for a public hearing
thereon. The City Clerk shall thereupon notify the applicant who shall have the duty to notify all
holders of current and valid Certificates of Public Convenience and Necessity for taxicabs and pedicabs
and provide proof of such service to the City Council. Any interested person shall have the right either
in person or by representatives of their own choosing to be present at all such hearings and to
introduce evidence and to be heard either in support of or opposition to the issuance of a certificate.
Attached are the following documents:
OFFICE OF THE CITY CLERK TREASURER
Sondra E. Smith — City Clerk Treasurer
Lisa Branson — Deputy City Clerk
113 W. Mountain Street, Suite 308
Fayetteville, AR 72701
City Code Chapter 117
Current list of permitted taxis, pedicabs, limousines
College Town Limo agenda item
City Council Tentative Agenda for March 17, 2015
Please direct questions regarding this letter to the City Clerk office.
Sincerely yours,
,ionctLtt G. )J/W'"X
Sondra E. Smith
City Clerk Treasurer
Phone 479.575.8323
citycl erk@fayettevil le -a r, gov
TITLE XI BUSINESS. REGULATIONS
CHAPTER 117: VEHICLE -RELATED BUSINESSES
ARTICLE I REPAIR SHOPS AND WRECKER SERVICES
117.01 DEFINITIONS.....................................................................................................................................
5
117.02 STORAGE OF WRECKED VEHICLE...............................................................................................
5
117.03-117.09 RESERVED............................................................................................................................
5
ARTICLE II USED CAR SALES
117.10 REPORT TO POLICE DEPARTMENT REQUIRED..........................................................................
5
117.11-117.19 RESERVED............................................................................................................................
5
ARTICLE III RESERVED
117.20-117.29 RESERVED............................................................................................................................
5
ARTICLE IV TAXICABS
117.30 DEFINITIONS.....................................................................................................................................
5
117.31 RATES...............................................................................................................................................
6
117.32 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY REQUIRED; ISSUANCE
PROCEDURE....................................................................................................................................
6
117.33 LIABILITY INSURANCE....................................................................................................................
7
117.34 LICENSING REQUIREMENTS..........................................................................................................
7
117.35 TRANSFER OF CERTIFICATE.........................................................................................................
8
117.36 SUSPENSION, REVOCATION AND CANCELLATION OF CERTIFICATE ....................................
8
117.37 TAXICAB DRIVER'S PERMIT REQUIRED; ISSUANCE PROCEDURE..........................................8
117.38 DISPLAY OF PERMIT.......................................................................................................................
9
117.39 SUSPENSION, REVOCATION OF PERMIT.....................................................................................9
117.40 FAILURE TO COMPLY WITH APPLICABLE LAW..........................................................................9
117.41 VEHICLES TO BE KEPT SAFE SANITARY.....................................................................................9
117.42 DESIGNATION OF VEHICLE AS TAXICAB BY INSIGNIA OR THE LIKE......................................10
117.43 ACCEPTANCE, DISCHARGE OF PASSENGERS...........................................................................10
117.44 SIGNED RECEIPT TO PASSENGER UPON REQUEST.................................................................11
CD1 17:1
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
117.45 REFUSAL OF PASSENGER TO PAY FARE...................................................................................11
117.46 DAILY MANIFEST TO BE KEPT......................................................................................................11
117.47 ADVERTISING...................................................................................................................................11
117.48 ENFORCEMENT................................................................................................................................11
117.49 METER RATES ESTABLISHED.......................................................................................................11
117.50-117.59 RESERVED............................................................................................................................12
ARTICLE V LIMOUSINE SERVICE
117.60 DEFINITION.......................................................................................................................................12
117.61 LICENSE REQUIRED; FEE..............................................................................................................12
117.62 VEHICLES TO BE KEPT SAFE AND SANITARY............................................................................12
117.63 LIABILITY INSURANCE....................................................................................................................12
117.64 LICENSING REQUIREMENTS..........................................................................................................12
117.65 SUSPENSION, REVOCATION AND CANCELLATION OF CERTIFICATE....................................12
117.66-117.74 RESERVED............................................................................................................................13
ARTICLE VI RENT -A -CAR SERVICE
117.75 DEFINITION.......................................................................................................................................13
117.76 LICENSE REQUIRED; TAX..............................................................................................................13
117.77 INSURANCE OR CASH DEPOSIT REQUIRED...............................................................................13
117.78-117.79 RESERVED............................................................................................................................13
ARTICLE VII NONMOTORIZED PASSENGER TRANSPORT VEHICLES
117.80 DEFINITIONS.....................................................................................................................................13
117.81 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY.....................................................14
117.82 ROUTE APPROVAL..........................................................................................................................15
117.83 NONMOTORIZED PASSENGER TRANSPORT VEHICLE DRIVERS PERMIT..............................15
117.84 DISPLAY OF PERMIT.......................................................................................................................16
117.85 INSURANCE REQUIREMENTS........................................................................................................16
CD1 17:2
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
117.86 CONDUCT OF DRIVERS AND HANDLERS....................................................................................16
117.87 HORSES, CAMELS, DROMEDARIES, VEHICLES AND EQUIPMENT..........................................17
117.88 TRANSFER OF CERTIFICATE.........................................................................................................18
117.89 LICENSE FEES.................................................................................................................................18
117.90 SUSPENSION, REVOCATION OF CERTIFICATE...........................................................................18
117.91 A.D.A. COMPLIANCE.......................................................................................................................18
117.92 AUTHORITY TO SUMMON VETERINARIAN...................................................................................18
ARTICLE VIII LIGHTS OF THE OZARKS
117.93 LIGHTS OF THE OZARKS................................................................................................................18
117.94-117.97 RESERVED............................................................................................................................19
117.98 PROHIBITED ACTIVITY....................................................................................................................19
117.99 PENALTY...........................................................................................................................................19
ARTICLE IX PEDICABS
117.100 DEFINITIONS....................................................................................................................................19
117.101 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY REQUIRED; ISSUANCE
PROCEDURE....................................................................................................................................
20
117.102 PEDICAB PERMITTED ZONE OF OPERATION AND APPROVED FIXED ROUTES ...................21
117.103 PEDICAB DRIVER'S PERMIT.........................................................................................................
24
117.104 DISPLAY OF PERMIT......................................................................................................................24
117.105 SUSPENSION, REVOCATION OF PERMIT....................................................................................24
117.106 INSURANCE REQUIREMENTS.......................................................................................................
24
117.107 CONDUCT OF DRIVERS.................................................................................................................
25
117.108 PEDICAB EQUIPMENT; INSPECTION...........................................................................................
25
117.109 TRANSFER OF CERTIFICATE........................................................................................................
26
117.110 LICENSE FEES................................................................................................................................
26
117.111 SUSPENSION, REVOCATION, AND CANCELLATION OF CERTIFICATE ...................................26
26
CD1 17:3
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
117.112 MAXIMUM PEDICAB FARES ESTABLISHED................................................................................26
117.113 NUMBER OF PASSENGERS IN PEDICABS LIMITED TO THREE PERSONS ............................. 26
117.114 PEDICABS MAY NOT USE PUBLIC SIDEWALKS.........................................................................26
117.115 A.D.A. COMPLIANCE...................................................................................................................... 26
CD117:4
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
CHAPTER 117: VEHICLE -RELATED BUSINESSES
ARTICLE I
REPAIR SHOPS AND WRECKER
SERVICES
117.01 Definitions
For the purpose of this article, the following definitions
shall apply unless the context clearly indicates or
requires a different meaning.
Motor vehicle. Every self-propelled device in, upon
or by which, any person or property is or may be
transported or drawn over public streets and highways,
except devices used exclusively upon stationary rails or
tracks. "Motor vehicle" shall include, but shall not be
limited to, automobiles, trucks, tractors, motorcycles,
implements of husbandry, or buses.
Motor vehicle repair shop. Any business where
motor vehicles are repaired for a charge and any place
where the work of repairing motor vehicles is carried on
as an incident to the business of selling new or used
motor vehicles, or new or used motor vehicle parts, or
as an incident to any other traffic in motor vehicles or
their parts or equipment.
Motor vehicle wrecker service. Any business
which, as a part of its operation, tows disabled motor
vehicles for a charge.
Repair work on motor vehicles. Any work on the
premises of a motor vehicle repair shop which requires
direct or indirect physical contact with a motor vehicle or
part thereof.
(Code 1965, §13C-1; Ord. No. 2190, 1-20-76; Code 1991,
§117.01)
117.02 Storage Of Wrecked Vehicle
(A) No person in charge of or in control of a motor
vehicle repair shop, or a motor vehicle wrecker
service, whether as owner, lessee, tenant,
occupant or otherwise, shall allow any partially
dismantled, nonoperable or wrecked motor vehicle
to be stored on the premises longer than 10 days,
unless said motor vehicle is stored in an enclosed
building or is stored behind a six-foot fence
constructed of such material that the motor vehicle
is not readily visible by motorists or pedestrians. A
six-foot view -obscuring fence may be constructed
in accordance with this section, notwithstanding any
provision of the city's zoning code (Chapter 160).
(B) No person in charge of, or in control of, a motor
vehicle repair shop, or a motor vehicle wrecker
service, whether as owner, lessee, tenant,
occupant or otherwise, shall allow any partially
dismantled, nonoperable or wrecked motor vehicle
to be stored within 50 feet of a public street right-of-
way; provided, if a building structure is lawfully
located closer than 50 feet from the street right-of-
way, no partially dismantled, nonoperable or
wrecked motor vehicle shall be stored closer to the
street right-of-way than the wall of the building.
(Code 1965, §§13C-2, 13C-3; Ord. No. 2190, 1-2-76; Ord. No.
2196, 2-17-76; Code 1991, §117.02)
117.03-117.09 Reserved
ARTICLE II
USED CAR SALES
117.10 Report To Police Department
Required
All automobile dealers in the city are required to furnish
to the police department a list of all used cars sold by
the dealer, setting forth such information as is
prescribed by the police department.
CD1 17:5
(Code 1965, §19-8; Ord. No. 1447, 6-7-65; Code 1991,
§117.10)
117.11-117.19 Reserved
ARTICLE III
REPEALED
117.20-117.29 Reserved
ARTICLE IV
TAXICABS
117.30 Definitions
For the purpose of this article, the following definitions
shall apply unless the context clearly indicates or
requires a different meaning.
Certificate. A Certificate of Public Convenience and
Necessity issued by the City Council, authorizing the
holder thereof to conduct a taxicab business in the city.
Driver's permit. The permission granted by the
Chief of Police, or his duly -appointed representative, to
a person to drive a taxicab upon the streets of the city.
Holder. A person to whom a Certificate of Public
Convenience and Necessity has been issued.
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
Manifest. A daily record prepared by a taxicab
driver and/or taxicab company of all trips made by
company vehicles showing time and place of origin,
destination, number of passengers, and the amount of
fare of each trip.
Person. Includes an individual, a corporation, or
other legal entity, a partnership, and any unincorporated
association.
Rate card. A card issued by the city for
conspicuous display in each taxicab which contains the
rates of fare then in force.
Taxicab. A motor vehicle regularly engaged in the
business of carrying passengers for hire, having a
seating capacity of not more than seven passengers
and not operated on a fixed route. This definition
expressly excludes limousines.
Waiting time. The time when a taxicab is not in motion
from the time of acceptance of a passenger or
passengers to the time of discharge, but does not
include any time that the taxicab is not in motion if due
to any cause other than the request, act, or fault of a
passenger or passengers.
(Code 1965, Sec. 20-16; Ord. No. 1910, 4-3-73; Code 1991,
§117.30; Ord. No. 4623, 10-05-04; Ord. 4661, 12-21-04)
117.31 Rates
(A) All taxicabs shall utilize a meter for calculation of
rates and such apparatus shall be clearly visible to
the occupant of the vehicle.
(B) The City Council has the authority to establish the
maximum allowable rates for all taxicabs,
consistent with the provisions of Arkansas Code
Annotated § 14-57-303 for the City sponsored taxi
program utilizing City issued taxi coupons. The City
Council shall utilize the percentage change as
calculated utilizing the change, from year to year, of
the rate per mile published by the Internal Revenue
Service for the allowed mileage reimbursement rate
for Federal Income Tax purposes. Each licensed
taxi company shall, on an annual basis, submit to
the Fayetteville Police Department the fare
schedule the taxi company will utilize for the next
twelve (12) months and each taxi company shall
cause this fare schedule to posted prominently
within each taxi in full view of the passenger.
(C) The maximum allowable rate effective November 1
shall be left undetermined and shall be established
by City Council Ordinance at any time deemed
necessary by the Fayetteville City Council.
(D) Zone A shall be bounded on the west by Razorback
CD117:6
to Maple to Garland, on the North by drake to
Gregg Avenue to Futrall/Milsap Road, on the East
by College Avenue, Rock Street to Mill Avenue to
Huntsville Road to Morningside Drive and on the
South by 15th Street. Zone B shall be the
remaining portions of Fayetteville not incorporated
in Zone A. A Taxi Zone Map, marked Exhibit A, is
attached hereto and made a part hereof.
(Ord. No. 4623, 10-05-04; Ord. 4661, 12-21-04; Ord. 4777,
10-04-05; Ord. 5503, 6-5-12)
Cross reference(s)--Public Transit Board, §33.320.
117.32 Certificate Of Public Convenience
And Necessity Required; Issuance
Procedure
(A) No person shall operate or permit a taxicab or
limousine owned, leased or controlled by him to be
operated as a vehicle for hire upon the streets of
the city without having first obtained a Certificate of
Public Convenience and Necessity from the
Fayetteville City Council.
(B) An application for a certificate shall be filed with the
Police Department upon forms provided by the city,
and said application shall be verified under oath
and shall furnish the following information:
(1) The name and address of the applicant,
including the name and address of all officers
and stockholders of the company, if
incorporated, and the name of the person to
whom complaints should be directed;
(2) The financial status of the applicant, including
the financial status of the officers and
stockholders of the company, if incorporated,
including the amount of all unpaid judgments
against the applicant (officers and
stockholders of the company, if incorporated),
and the nature of the transaction or acts giving
rise to said judgments;
(3) The experience of the applicant including all
officers and stockholders of the company, if
incorporated, in the transportation of
passengers;
(4) Any facts which the applicant believes tend to
prove that public convenience and necessity
require the granting of a certificate;
(5) The number of vehicles to be available for
operation or controlled by the applicant and the
location of proposed depots and terminals,
The applicant shall furnish a minimum and
maximum number of vehicles to be permitted;
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
(6) The color scheme or insignia to be used to
2716,4-21-81; Code 1991, §117.32; Ord 4623, 10-05-04; Ord.
designate the vehicle or vehicles of the
4661, 12-21-04; Ord. 5503, 6-5-12)
applicant;
117.33 Liability Insurance
(7) The hours between which the applicant
proposes to provide taxicab or limousine
(A) No Certificate of Public Convenience and Necessity
service to the general public, and the days, if
shall be issued or continued in operation unless
any, on which the applicant does not propose
there is in full force and effect automobile liability
to provide taxicab service to the general
insurance for each vehicle. The insurance shall
public, and;
have limits of not less than $25,000 for personal
injury to, or death of, any one person in any one
(8) The rate schedule which the applicant
accident, and liability limits of $50,000 for personal
proposes to use to charge passengers.
injury to, or death of, two or more persons in any
one accident, and $25,000.00 for injury to or
(C) Public Hearing for Certificate. When the Police
destruction of property or others in any one
Department notifies the City Clerk that a proper and
accident. The insurance shall be maintained with
adequate application has been filed, the City Clerk
an insurance company authorized to do business in
shall fix a time and place for a public hearing
the state. A certificate evidencing such insurance
thereon. The City Clerk shall thereupon notify the
shall be filed with the City Clerk.
applicant who shall have the duty to notify all
holders of current and valid Certificates of Public
(B) Insurance required under this section must include
Convenience and Necessity for taxicabs and
a cancellation provision in which the insurance
pedicabs and provide proof of such service to the
company is required to notify the city in writing not
City Council. Any interested person shall have the
fewer than 30 days before cancelling, failing to
right either in person or by representatives of their
renew, or making a material change to the
own choosing to be present at all such hearings
insurance policy. If the insurance of the holder
and to introduce evidence and to be heard either in
lapses or is cancelled and new insurance is not
support of or opposition to the issuance of a
obtained, the Certificate of Public Convenience and
certificate.
Necessity shall be suspended until insurance
coverage required by this section has been
(D) Findings of the City Council.
obtained. A person shall not operate a taxicab
service while the certificate is suspended under this
(1) If the City Council finds that further taxicab or
section.
limousine service in the city is required by the
public convenience and necessity and that the
(Code 1965, §20-21; Ord. No. 1910,4-3-73; Ord. No.3038,
is fit, willing, and able to perform
2-84; Code 1991, §117.33; Ord. 4661, 12-21-04; Ord. 5503,6 -
such public transportation and to conform to
5-12)
the provisions of this subchapter, then the city
clerk shall issue a certificate stating the name
117.34 Licensing Requirements
and address of the applicant, the number of
vehicles authorized under the certificate and
(A) Decal required.
the date of issuance; otherwise, the application
No certificate shall be issued or continued in
shall be denied.
operation unless the holder thereof has secured an
annual permit decal for each vehicle granting the
(2) The City Council shall deny any application in
right to engage in the taxicab business. Permit
which the proposed hours of service or the
decals shall be placed on the rear window of the
proposed rate schedule are found to be
permitted vehicle, and be clearly visible at all times.
unreasonable to meet the public need.
The licensing shall be for the calendar year, with
holders required to file annual renewal applications
(3) In making the above findings, the City Council
and fees at least thirty (30) days prior to the end of
shall take into consideration the number of
each year; and shall be in addition to any other
taxicabs or limousines already in operation,
license fees or charges established by proper
whether existing transportation is adequate to
authority and applicable to the holder or the vehicle
meet the public need, the probable effect of
or vehicles under his operation and control. All
increased service on local traffic conditions,
vehicles so licensed shall be required to show proof
and the character, experience, and
of the purchase of for hire tags from the State of
responsibility of the applicant.
Arkansas.
(Code 1965, §§20-17--20-20; Ord. No. 1910, 4-3-73; Ord. No.
CD1
17:7
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
(B) Notification of change of address required. and place for a revocation hearing. The holder
Every holder of a Certificate of Public Convenience shall be given notice of the proposed action to be
and Necessity for taxicabs and pedicabs shall taken and shall have an opportunity to be heard.
ensure the City Clerk's Office is promptly notified of
any change of its business address. Failure to (C) If any holder of a Certificate goes out of business,
comply with this notification requirement is not only fails to operate under the Certificate for one
grounds for revocation or suspension, but also calendar year, fails to have any vehicle inspected to
waives any expectation of notification by another operate under the Certificate for one calendar year
applicant for a certificate pursuant to §117.32(C). or fails to have any driver or operator properly
permitted under the Certificate for one calendar
(C) Radio dispatch required. year, the holder's Certificate of Public Convenience
Every certificate holder shall maintain a radio and Necessity shall be deemed abandoned and
dispatch system in operation during the hours of shall be denoted as cancelled and invalid by the
operation set forth in the application for the City Clerk.
Certificate of Public Convenience and Necessity,
capable of providing reasonably prompt service in
response to requests received by telephone. Two-
way radios are the preferred system. Citizens Band
(CB) radios shall not be used. Any holder of a
Certificate of Public Convenience and Necessity at
the time of passage of this ordinance shall have six
(6) months from the effective date thereof to
comply with this provision.
(D) Scanners prohibited.
The use of scanners or other similar devices to
monitor other taxicab operator's calls is hereby
prohibited.
(Code 1965, §20-22; Ord. No. 1910, 4-3-73; Code 1991,
§117.34; Ord. 4623, 10-05-04; Ord. 4661, 12-21-04; Ord.
5503, 6-5-12)
(Code 1965, §20-24; Ord. No. 1910, 4-3-73; Ord. No. 2716, 4-
21-81; Code 1991, §117.36; Ord. No. 4623, 10-05-04; Ord.
4661, 12-21-04; Ord. 5503, 6-5-12)
117.37 Taxicab Driver's Permit Required;
Issuance Procedure
(A) No person shall operate a taxicab for hire upon the
streets of the city and no person who owns or
controls a taxicab shall permit it to be so driven,
and no taxicab licensed by the city shall be so
driven at any time for hire, unless the driver of said
taxicab shall have first obtained and shall have then
in force a taxicab driver's permit issued under the
provisions of this subchapter.
(B) Application required.
117.35 Transfer Of Certificate (1) An application for a taxicab driver's permit
No Certificate of Public Convenience and Necessity shall be filed with the Chief of Police, or his
may be sold, assigned, mortgaged, or otherwise duly -appointed representative, on forms
transferred without the consent of the City Council. provided by the city, and such application shall
be verified under oath and shall contain the
(Code 1965, §20-23; Ord. No. 1910, 4-3-73; Code 1991, following information:
§117.35; Ord. 4623, 10-05-04; Ord. 4661, 12-21-04)
117.36 Suspension, Revocation And
Cancellation of Certificate
(A) A certificate issued under the provisions of this
article may be suspended by the Chief of Police, or
his duly -appointed representative, if the holder
thereof has (1) violated any of the provisions of this
article, (2) discontinued operations for more than 20
days, (3) violated any ordinances of the city, or the
laws, federal or state, the violations of which reflect
unfavorably on the fitness of the holder to offer
public transportation.
(B) The Chief of Police, or his duly -appointed
representative, shall inform the City Council of all
such suspensions, and may also recommend the
revocation of a certificate. Upon such
recommendation, the City Council shall set a time
CD1 17:8
(a) The names and addresses of four
residents of county, who have known the
applicant for a period of one year and who
will vouch for the sobriety, honesty, and
general good character of the applicant.
(b) A concise history of his employment; and,
(c) satisfactory proof that the applicant is
twenty one (21) years of age or over, as
required by Arkansas Code Annotated §
14-57-404.
(C) Before any application is finally passed upon by the
Chief of Police, or his duly -appointed
representative, the applicant shall be required to
present a current Arkansas Drivers License, with
the appropriate endorsement allowing the transport
of passengers for hire.
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
(D) The police department shall conduct a local
background check of each applicant for a taxicab
driver's permit, and a report of such background
check and a copy of the traffic and police record of
the applicant, if any, shall be attached to the
application for the consideration of the Chief of
Police, or his duly -appointed representative.
(E) The Chief of Police, or his duly -appointed
representative, shall, upon consideration of the
application and the reports and certificate required
to be attached thereto, approve or reject the
application. If the application is rejected, the
applicant may request a personal appearance
before the City Council to offer evidence why his
application should be reconsidered.
(F) Form and term of permit.
(1) Upon approval of an application for a taxicab
driver's permit, the Chief of Police, or his duly -
appointed representative, shall issue a permit
to the applicant which shall bear the name,
address, age, signature and photograph of the
applicant.
(2) Such permit shall be in effect for the remainder
of the calendar year. A renewal permit for
each calendar year thereafter shall be issued,
unless the permit for the preceding year has
been revoked.
Each certificate holder shall maintain copies of
the drivers permit application and other
supporting information so long as the driver is
employed by the certificate holder. Each
certificate holder shall promptly inform the
Chief of Police, or his duly -appointed
representative, upon the termination or
resignation of a driver.
(Code 1965, §§20-25--20-31; Ord. No. 1910, 4-3-73; Code
1991, §117.37; Ord. 4632,10-05-04; Ord. 4661,12-21-04; Ord.
4796, 11-15-05)
117.38 Display Of Permit
Every permittee under this article shall post his driver's
permit in such a place as to be in full view of all
passengers while the driver is operating a taxicab, and
the permit shall be illuminated when necessary for
viewing.
(Code 1965, §20-32; Ord. No. 1910, 4-3-73; Code 1991,
§117.38; Ord. 4623, 10-05-04; Ord. 4661, 12-21-04)
117.39 Suspension, Revocation Of
Permit
The Chief of Police, or his duly -appointed
representative, is hereby given the authority to suspend
any driver's permit issued under this article for a driver's
failure or refusal to comply with the provisions of this
article, such suspension to last for a period of not more
than ten days. The Chief of Police, or his duly -
appointed representative, is also given authority to
revoke any driver's permit for failure to comply with the
provisions of this article. However, a permit may not be
suspended or revoked unless the driver has received
notice and has had an opportunity to present evidence
in his behalf.
(Code 1965, §20-33; Ord. No. 1910, 4-3-73; Code 1991,
§117.39; Ord. 4623,10-05-04; Ord. 4661, 12-21-04)
117.40 Failure To Comply With
Applicable Law
Every driver licensed under this article shall comply with
all city, state, and federal laws. Failure to do so will
justify the Chief of Police, or his duly -appointed
representative, in instituting proceedings for revocation
of the permit.
(Code 1965, §20-33.1; Ord. No. 1910, 4-3-73; Code 1991,
§117.40; Ord. 4623,10-05-04; Ord. 4661, 12-21-04)
117.41 Vehicles To Be Kept Safe
And Sanitary
Every vehicle operating under this article shall be
subject to a thorough examination and inspection by the
Fleet Division of the City, to include verification of the
accuracy of each fare meter. The cost of said
inspection shall be at a rate set by the Fleet
Superintendent and shall be calculated at the hourly
charge schedule utilized by the division. In addition,
certificate holders shall pay an annual one hundred
(100) dollar fee per vehicle, to defray the City's
administrative costs. The license fee shall be prorated
depending upon when the taxi is first operated during its
first calendar year of service. Taxis placed in service
after April 1 shall pay $75.00; after July 1 shall pay
$50.00 and after October 1 shall pay $25.00. The
vehicle must comply with such reasonable rules and
regulations as maybe prescribed by the Chief of Police,
or his duly -appointed representative. These rules and
regulations shall be promulgated to provide safe
transportation and shall specify such safety equipment
and regulatory devices as the Chief of Police, or his
duly -appointed representative, shall determine
necessary. The vehicle, upon passage of an inspection
shall be affixed with a decal that certifies the vehicle as
safe to operate in the City of Fayetteville. If a properly
inspected, licensed taxicab with decal is taken out of
service and replaced with another taxicab, the
replacement taxicab must be inspected by the Fleet
Superintendent at the established rate as set out above.
However, the replacement taxicab shall then receive a
decal without the owner having to pay the $100.00
administrative fee.
CD117:9
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
failed to pay a legal fare as provided in this
(Code 1965, §20-33.2; Ord. No. 1910, 4-3-73; Ord. No. 1916, article.
4-17-73; Code 1991, §117.41; Ord. 4623, 10-05-04; Ord. 4661,
12-21-04; Ord. 4929, 9-19-06; Ord. 5503, 6-5-12)
117.42 Designation Of Vehicle As
Taxicab By Insignia Or The Like
No vehicle covered by the terms of this article shall be
licensed whose color scheme, identifying design,
monogram, or insignia to be used thereon shall, in the
opinion of the Chief of Police, or his duly -appointed
representative, conflict with or imitate any color scheme,
identifying design, monogram or insignia used on a
vehicle or vehicles already operating under this article,
in such a manner as to be misleading or tend to deceive
or defraud the public; and provided further, that if, after
a license has been issued for a taxicab hereunder, the
color scheme, identifying design, monogram or insignia
is used by any other person, owner or operator, in such
a manner as to be misleading or tend to deceive the
public, the license of or certificate covering such taxicab
or taxicabs shall be suspended or revoked. The vehicle
operator shall also be required to display the decal
affirming the safe condition of the vehicle. In addition,
every taxicab shall have affixed to its roof an illuminated
sign bearing either the word "taxicab" or "taxi."
(Code 1965, §20-33.3; Ord. No. 1910, 4-3-73; Ord. No. 2527
5-1-79; Code 1991, §117.42; Ord. 4623, 10-05-04; Ord. 4661
12-21-04)
117.43 Acceptance, Discharge Of
Passengers
(A) Duties of Drivers.
(1) Restriction on number of passengers. No
drivers shall permit more persons to be carried
in a taxicab as passengers than the rated
seating capacity of the taxicab as defined by
the vehicle manufacturer. Every taxicab, as
required by state law, shall carry a child safety
seat and the driver shall know how to properly
install and safely use such device. A child
under six years of age, properly restrained by
a child safety seat shall not be counted as an
extra passenger when accompanied by an
adult.
(3) Prohibitions of drivers. It shall be a violation of
this article for any driver of a taxicab to solicit
business for any hotel or motel, or to attempt
to divert patronage from one hotel or motel to
another. Neither shall such driver engage in
selling intoxicating liquors or use his vehicle for
any illegal purpose.
(4) Passengers without fare prohibited. No driver
shall permit any person to be carried in a
taxicab as a passenger without payment of the
legal fare mentioned in this article while a fare -
paying passenger is also being carried in the
cab.
(B) "Shared Ride" vs. "Exclusive Ride." All persons
engaged in the taxicab business in the city,
operating under the provisions of this article, shall
render an overall service to the public desiring to
use taxicabs. Such service may be a "shared ride"
taxicab system where the consent of passengers is
not needed to pick up or discharge additional
passengers, nor to choose the route taken by the
vehicle; or, such service may be an "exclusive ride"
taxicab system providing door-to-door service in
which the party hiring the vehicle has exclusive use
of the vehicle and may direct the vehicle's route
and destination. Under the shared ride system, a
maximum of three pickups at different locations
shall be permitted; after which all parties must
reach their destination before additional pickups
can be made.
(2) Refusal to carry orderly passengers prohibited.
No driver shall refuse or neglect to convey any
orderly person or persons, or any person or
persons accompanied by a seeing eye dog, or
a seeing eye dog upon request, unless unable
or forbidden by the provisions of this article to
do so; provided, it shall not be unlawful for a
driver to refuse or neglect to convey any
passenger who has previously refused or
CD117:1C
Response to calls. Holders of Certificates of Public
Convenience and Necessity shall answer all calls
received by them during the hours of operation
specified on the holder's application for services
inside the corporate limits of the city as soon as
they can do so; and, if said services cannot be
rendered within a reasonable time, they shall then
notify the prospective passengers how long it will
be before the call can be answered and give the
reason for the delay. Any holder who shall refuse
to accept a call anywhere in the corporate limits of
the city at any time when such holder has available
cabs shall be deemed in violation of this article,
except on those occasions when the Chief of
Police, or his duly -appointed representative,
declares the streets of the City to be unsafe due to
inclement weather. Any vehicle operated under the
provisions of this article shall be equipped with
snow tires or chains when required by weather
conditions.
(Code 1965, §§20-33.7, 20-33.8; Ord. No. 1910, 4-3-73; Ord.
No. 2302, 1-4-77; Ord. No. 2601, 2-19-80; Ord. No. 2716, 4-21-
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
81; Code 1991, §117.43; Ord. No. 4623, 10-05-04; Ord. 4661
12-21-04)
117.44 Signed Receipt To Passenger
Upon Request
The driver of any taxicab shall, upon demand by the
passenger, render to such passenger a signed receipt
for the amount charged, either by a mechanically printed
receipt or by a specially prepared receipt on which shall
be the name of the taxicab company, the number of the
taxicab, amount of charges, and date and time of
transaction.
(Code 1965, §20-33.5; Ord. No. 1910, 4-3-73; Code 1991,
§117.44; Ord. No. 4623, 10-05-04; Ord. 4661, 12-21-04)
117.45 Refusal Of Passenger To Pay Fare
It shall be unlawful for any person to refuse to pay the
legal fare of any of the vehicles mentioned in this article
after having hired the same, and it shall be unlawful for
any person to hire any vehicle herein defined with intent
to defraud the person from whom it is hired of the value
of such service.
(Code 1965, §20-33.6; Ord. No. 1910, 4-3-73; Code 1991,
§117.45; Ord. No. 4623, 10-05-04; Ord. 4661, 12-21-04)
117.46 Daily Manifest To Be Kept
Every company shall maintain a daily manifest upon
which are recorded all trips made each day, showing the
time and place of origin and destination of each trip and
amount of fare. The forms for each manifest shall be of
a character approved by the chief of police.
(Code 1965, §20-33.9; Ord. No. 1910, 4-3-73; Ord. No. 2527,
5-1-79; Code 1991, §117.46; Ord. 4623; 10-05-04; Ord. 4661,
12-21-04)
117.47 Advertising
(A) Subject to the restrictions provided herein, it shall
be lawful for any person owning or operating a
taxicab, bus, van, or motor vehicle for hire to permit
advertising matter to be affixed or installed in or on
such taxicab, bus, van, or motor vehicle for hire.
The advertising shall not in any way obstruct the
vision of the driver of the vehicle. Advertising on a
taxicab shall be limited to one sign located on the
rear of the vehicle which sign shall not exceed nine
square feet in area. Advertising on a bus or van
shall be limited to one sign on each side of the
vehicle and one sign on the rear of the vehicle,
none of which signs shall exceed 12 square feet in
area.
deceptive.
(Code 1965, §20-33.10; Ord. No. 1910, 4-3-73; Ord. No. 2750,
8-18-81; Code 1991, §117.47; Ord. 4623, 10-05-04; Ord. 4661,
12-21-04)
117.48 Enforcement
The police department possesses the authority under
existing law to issue citations as appropriate.
(Code 1965, §20-33.11; Ord. No. 1910, 4-3-73; Code 1991,
§117.48; Ord. 4623, 10-05-04; Ord. 4661, 12-21-04)
117.49 Meter Rates Established
(A) It shall be unlawful for any person, owning,
operating, driving, or in charge of any taxicab for
hire in the city to drive or operate such taxicab, or
to use or advertise in connection therewith the word
"taxi," "taxicab," or "cab" or in soliciting trade from
the public to represent or exhibit such vehicle as a
"taxi," "taxicab," or "cab" unless such vehicle is
equipped with an approved fare meter according to
the provisions of this chapter. An approved fare
meter is a meter that registers accumulating fare
charge with each amount being visible to
passenger(s).
(B) Taxi services provided to patrons utilizing City
issued taxi coupons shall be based on a zone rate
system with the initial meter charge, charge per
mile and additional person charge incorporated into
a flat rate per zone. The Zone Rate shall be used
exclusively by all taxicabs excluding waiting time
except as provided in subsection (D) below. The
ceiling rates shall apply to all taxicabs operating in
the city. The initial zone rates are set out as follows:
Ceiling rate, no more than a rate of:
(a) Travel within One Zone $8.00
(b) Travel incorporating Two Zones $12.00
(c) No charge for additional person shall be
charged.
(d) Waiting time ceiling rate, not to exceed $10.00
per hour.
(C) Taxi companies shall utilize the zone of the trip
origination and zone of the trip destination for
purposes of valuation for the trip.
(D) A taxicab operator may make special contractual
(B) It shall be unlawful for any person to display on any arrangements in advance with persons at fares
either higher or lower than those set forth by this
article, but such contract must be in writing and a
copy thereof filed with the City Clerk.
any
or
CD117:11
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
city of Fayetteville.
(Ord. 4751, 9-06-05; Ord 4777, 10-04-05)
117.50-117.59 Reserved
ARTICLE V
LIMOUSINE SERVICE
117.60 Definition
For the purpose of this article, the following definition
shall apply unless the context clearly indicates or
requires a different meaning.
Limousine service. Transportation service over the
streets of the city, in a type of automobile commonly
referred to as a limousine. This definition expressly
excludes taxicabs.
(Code 1965, §20-34; Ord. No. 1080, 4-4-55; Ord. No. 2099,4-
15-75; Code 1991, §117.60; Ord. No 4623, 10-05-04; Ord.
4661,12-21-04)
117.61 License Required; Fee
It is hereby declared to be a privilege for any person to
furnish limousine service, and no person shall engage in
such undertaking without first paying to the city an
annual license fee of $100.00 for each limousine used
on the streets of the city, for the privilege of engaging in
such business, and obtaining a Certificate of Public
Convenience and Necessity. The fee shall be paid on
or before January 1st of each year. The license fee
shall be prorated depending upon when the limousine is
first operated during its first calendar year of service.
Limousines placed in service after April 1 shall pay
$75.00; after July 1 shall pay $50.00 and after October 1
shall pay $25.00.
(Code 1965, §20-35; Ord. No. 1080, 4-4-55; Ord. No. 2099, 4-
15-75; Code 1991, §117.61; Ord. No. 4623, 10-05-04; Ord.
4661, 12-21-04; Ord. 5503, 6-5-12)
117.62 Vehicles To Be Kept Safe And
Sanitary
Every vehicle operating under this article shall be
subject to a thorough examination and inspection by the
Fleet Division of the City. The cost of said inspection
shall be at a rate set by the Fleet Superintendent and
shall be calculated at the hourly charge schedule utilized
by the division. The vehicle must comply with such
reasonable rules and regulations as may be prescribed
by the Chief of Police, or his duly -appointed
representative. These rules and regulations shall be
promulgated to provide safe transportation and shall
specify such safety equipment and regulatory devices
as the Chief of Police, or his duly -appointed
representative, shall determine necessary. The vehicle,
upon passage of an inspection shall be affixed with a
decal that certifies the vehicle as safe to operate in the
(Code 1965, §20-36; Ord. No. 1080, 4-4-55; Ord. No. 2099, 4-
15-75; Ord. No. 2660, 9-18-80; Ord. No. 3037, 10-2-84; Ord.
No. 3234, 12-16-86; Ord. No. 4003, §1, 10-1-96; Code 1991,
§117.62; Ord. No. 4623, 10-05-04; Ord. 4661, 12-21-04)
117.63 Liability Insurance
(A) No person shall furnish limousine service unless
and until such person has filed with the City Clerk a
copy of a motor vehicle liability insurance policy
issued by an insurance company authorized to do
business in the state, providing limits of not less
than $25,000.00 for personal injury to, or death of,
any one person in any one accident, liability limits
of $50,000.00 for personal injury to, or death of, two
or more persons in any one accident, and
$25,000.00 for injury to or destruction of property of
others in any one accident.
(B) Insurance required under this section must include
a cancellation provision in which the insurance
company is required to notify the city in writing not
fewer than 30 days before cancelling, failing to
renew, or making a material change to the
insurance policy. If the insurance of the holder
lapses or is cancelled and new insurance is not
obtained, the Certificate of Public Convenience and
Necessity shall be suspended until insurance
coverage required by this section has been
obtained. A person shall not operate a limousine
service while the certificate is suspended under this
section.
(Code 1965, §20-38; Ord. No. 1080, 4-4-55; Ord. No. 2099, 4-
15-75; Ord. No. 3037, 10-2-84; Ord. No. 4623, 10-05-04; Ord.
4661, 12-21-04; Ord. 5503, 6-5-12)
117.64 Licensing Requirements
No Certificate of Public Convenience and Necessity
shall be issued or continued in operation unless the
holder thereof has secured an annual permit decal for
each vehicle granting the right to engage in the
limousine business. Permit decals shall be placed on
the rear window of the permitted vehicle, and be clearly
visible at all times. The licensing shall be for the
calendar year, with holders required to file annual
renewal applications and fees at least thirty (30) days
prior to the end of each year; and shall be in addition to
any other license fees or charges established by proper
authority and applicable to the holder or the vehicle or
vehicles under his operation and control. All vehicles so
licensed shall be required to show proof of the purchase
of for hire tags from the State of Arkansas.
117.65 Suspension, Revocation and
Cancellation of Certificate
CD117:12
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
A limousine service's Certificate of Public Convenience operation of such rent -a -car service.
and Necessity may be suspended, revoked or cancelled
for the same reasons and by the same procedures set (Code 1965, §20-52; Ord. No. 1261, 4-10-61; Code 1991,
forth in §117.36. §117.77)
(Ord. 5503, 6-5-12)
117.66-117.74 Reserved
ARTICLE VI
RENT -A -CAR SERVICE
117.75 Definition
For the purpose of this article, the following definition
shall apply unless the context clearly indicates or
requires a different meaning.
Rent -a -car service. The furnishing of rent -a -car
service in the city whereby an automobile is rented for
the exclusive use of a person for an indefinite period of
time at a rate established by both the mileage traveled
and length of time the automobile is so rented.
(Code 1965, §20-50; Ord. No. 1261, 4-10-61; Code 1991
§117.75)
117.76 License Required; Tax
It is hereby declared to be a privilege for any person to
furnish rent -a -car service in the city, and no person shall
engage in such undertaking without first paying to the
city a license tax of $200.00 per year. Such tax shall be
paid on or before January 1st of each year.
(Code 1965, §20-51; Ord. No. 1261,4-10-61; Ord. No. 2842, 8-
3-82; Code 1991, §117.76)
117.77 Insurance Or Cash Deposit
Required
(A) No person shall furnish rent -a -car service unless
and until such person has furnished and filed with
the City Accounting Department, an insurance
policy written by an insurance company authorized
to do business in the state, which policy shall bind
the insurance company writing same to indemnify,
up to the amount of $20,000.00, any person
suffering any personal injury or property damage
from the negligent or otherwise faulty operation of
such rent -a -car service.
117.78-117.79 Reserved
ARTICLE VII
NONMOTORIZED PASSENGER
TRANSPORT VEHICLES*
117.80 Definitions
For the purpose of this article, the following words and
terms have the meaning ascribed thereto:
Camel/Dromedary. Either of two large ruminant
mammals used as a draft or saddle animal in desert
regions of Africa or Asia.
Driver. An individual who operates a nonmotorized
passenger transport vehicle.
Handler. An individual who leads and controls a
pony, camel, or dromedary working as part of a
nonmotorized passenger transport service.
Holder. A person who is granted Certificate of
Public Convenience and Necessity under this article to
provide nonmotorized passenger transport service in the
city.
Horse Any member of the family "Equidae"
perissodactyl ungulate mammals containing a single
genus equus, including but not limited to horses, asses,
jacks, jennies, hennies, mules, donkeys, burros, ponies,
and zebras.
Nonmotorized passenger transport vehicle. A
horse-drawn carriage or similar vehicle pulled by horses
or other livestock.
Nonmotorized passenger transport service. The
business of offering or providing transportation of
persons for hire, either in a nonmotorized transport
vehicle or on horseback, camelback or dromedaryback,
when:
(1) A driver of handler is furnished as part of the
service; and
(B) In lieu of furnishing the above insurance, a person
operating a rent -a -car service may give to the city a (2) The service is offered only in accordance with a
statement or other satisfactory assurance that there pre -approved route.
has been deposited in any city bank the sum of
$20,000.00 in cash, which shall be available at all Nonmotorized passenger transport vehicle drivers
times for the payment of any damage lawfully permit. A permit issued to an individual by the Chief of
assessed against any such person, from the Police to operate a nonmotorized passenger transport
CD117:13
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
vehicle or hire in the city. manufacturer'
state license
Operate. To drive or be in physical control of a vehicle;
nonmotorized passenger transport vehicle.
Permittee. An individual who has been issued a
nonmotorized passenger transport vehicle driver's
permit under this article.
Person. An individual, corporation, governmental
subdivision or an agency, trust, partnership, or two or
more persons having a common economic interest.
Preapproved route. Nonmotorized passenger
transport service operating on a predetermined
schedule with fixed pickup and destination points
located on a route approved by and on file with the
traffic superintendent.
(Ord. No. 3931, §2,10-3-95; Ord. No. 4396,§1, Ex. A, 5-21-02;
Code 1991, §117.80; Ord. 4939,10-17-06; Ord. 5346, 8-17-10)
117.81 Certificate Of Public Convenience
And Necessity
(A) No person shall operate a nonmotorized passenger
transport service within the city without first
obtaining a current Certificate of Public
Convenience and Necessity from the Public Transit
Board established by § 33.320 of the Code of
Fayetteville.
(B) To obtain a Certificate of Public Convenience and
Necessity for a nonmotorized passenger transport
service, a person who owns, controls or operates a
proposed nonmotorized passenger transport
service, must submit a proposal which shall be
verified and contain the following information:
(1) A statement of the type of nonmotorized
passenger transport service for which
application is made;
(2) The form of business of the applicant; if the
business is a corporation or association, a
copy of the documents establishing the
business, and the name and address of each
person with a direct interest in the business;
(3) The name, address, and verified signature of
the applicant;
(4) A description of any past business experience
of the applicant, particularly in providing
passenger transportation service;
s
rated seating capacity, and
registration number for each
(6) The number of horses, camels, or dromedaries
the applicant proposes to use in the operation
of the passenger transport service with a
description, including age, color an breed or
photograph and a state certificate of
veterinarian inspection of each horse, camel or
dromedary;
(7) A description of the proposed service,
including routes, rates or fares to be charged,
and schedules, where applicable;
(8) Documentary evidence from an insurance
company indicating a willingness to provide
liability insurance as required by this chapter.
(9) Such additional information as the applicant
desires to include to aid in the determination of
whether the requested operating authority
should be granted; and,
(10) Such additional information as may be
determined to be necessary to assist or
promote the implementation or enforcement of
this ordinance, or the protection of the public
safety.
(C) In deciding whether to issue or deny an application
for a Certificate of Public Convenience and
Necessity to operate a nonmotorized passenger
transport service, the Public Transit Board shall
consider, but not be limited to, the following:
(5) The number and description of vehicles the
applicant proposes to use in the operation of
the service including year, make, model,
CD117:14
(1) Whether the public convenience and necessity
requires the proposed service;
(2) Whether the applicant has complied with all
requirements of this ordinance for providing
the service applied for;
(3) The current safety record of the applicant, and
the previous safety record, if the applicant has
operated a nonmotorized passenger transport
service in the past.
(4) Number and description of all nonmotorized
passenger transport vehicles to be used,
where applicable;
(5) Number and description of all horses, camels
and dromedaries to be used;
(6) If nonmotorized passenger transport vehicles
are employed, the number of passengers that
may be safely transported in each vehicle
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
based on the size of the vehicle and the type
of horse pulling it;
(7) Customers to be served;
(8) Places for loading or unloading passengers;
(9) Hours of operation;
(10) Schedules and routes to be followed;
(11) Rates to be charged;
(12) The use of special safety equipment.
(13) The use of the special sanitary devices and
special care procedures for horses, camels
and dromedaries; and
(14) Special conditions or limitations.
(D) The Public Transit Board shall issue a Certificate of
Public Convenience and Necessity to the applicant,
if it is determined that:
(1) The applicant has complied with all
requirements for issuance of the certificate;
(2) That public convenience and necessity require
the operation of the proposed service; and
(3) The applicant has not made a false statement
as to a material matter in an application for a
certificate.
(E) If the Public Transit Board determines that the
requirements set forth above have not been met,
the Public Transit Board shall deny the certificate.
(Ord. No. 3931, §4, 10-3-95; Ord. No. 4396, §1, Ex. A, 5-21-02;
Code 1991, §117.81; Ord. 4939,10-17-06)
117.82 Route Approval
(A) All routes shall be approved by the city's traffic
superintendent.
(B) Holders shall submit to the city's traffic
superintendent all requests for temporary changes
in authorized routes, hours of operation, or for
participation in special events such as festivals,
parades or weddings, not less than three days
before the effective date of the change or event.
(Ord. No. 3931, §5,10-3-95; Ord. No. 4396, §1, Ex. A, 5-21-02)
117.83 Nonmotorized Passenger
Transport Vehicle Drivers Permit
(A) No person shall operate a nonmotorized passenger
transport vehicle for hire upon the streets of the
city, and no person who owns or controls a
nonmotorized passenger transport vehicle shall
permit it to be so operated, and no nonmotorized
passenger transport vehicle licensed by the city
shall be so operated at any time for hire, unless the
driver of said vehicle shall have first obtained and
shall have then in force a nonmotorized passenger
transport vehicle drivers permit issued under the
provisions of this article.
(B) Drivers Permit Required.
(1) An application for a nonmotorized passenger
transport vehicle drivers permit shall be filed
with the chief of police on forms provided by
the city and such application shall be verified
under oath and shall contain the following
information:
(a) The names and addresses of four (4)
residents of the county, who have known
the applicant for a period of one year and
who will vouch for the sobriety, honesty,
and general good character of the
applicant; and
(b) A concise history of his/her employment;
(C) The police department shall conduct an
investigation of each applicant for a nonmotorized
passenger transport vehicle driver's permit, and a
report of such investigation with a copy of the traffic
and police record of the applicant, if any, shall be
attached to the application for the consideration of
the chief of police.
(D) The chief of police shall, upon consideration of the
application and the reports required to be attached
thereto, approve or reject the application. If the
application is rejected, the applicant may request a
personal appearance before the mayor to offer
evidence why his/her application should be
reconsidered.
(E) Form and term of permit.
CD117:15
(1) Upon approval of an application for a
nonmotorized passenger transport vehicle
driver's permit, the chief of police shall issue a
permit to the applicant, which shall bear the
name, address, age, signature, and
photograph of the applicant.
(2) Such permit shall be in effect for the remainder
of the year. A permit for every calendar year
thereafter shall be issued upon the payment of
(F)
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
$2.00 unless the permit for the preceding year dromedaries and vehicles, whether owned or
has been revoked, not by the holder if operated under the holder's
Certificate of Public Convenience and
When a driver's permit is issued, the application Necessity.
and supporting information shall be returned to the
holder of the Certificate of Public Convenience and
Necessity to be held by the certificate holder so
long as the driver is employed by the certificate
holder.
(Ord. No. 3931, §5, 10-3-95; Ord. No. 4396, §1, Ex. A, 5-21-02;
Code 1991, §117.83)
117.84 Display Of Permit
Every permittee under this article shall post his or her
driver's permit in such a place as to be in full view of all
passengers while the driver is operating a nonmotorized
passenger transport vehicle.
(Ord. No. 3931, §6, 10-3-95; Ord. No. 4396, §1, Ex. A, 5-21-02;
Code 1991, §117.84)
117.85 Insurance Requirements
(A) A holder shall procure and keep in full force and
effect commercial general liability insurance written
by an insurance company approved by the State of
Arkansas and acceptable to the city and issued in
the standard form approved by the State Board of
Insurance. All provisions of the policy must be
acceptable to the city. The insured provisions of
the policy must name the city as additional insured
and the coverage provisions must provide coverage
for any loss or damage that may arise to any
person or property by reason of the operation of a
nonmotorized passenger transport service by the
holder.
(B) The commercial general liability insurance must
provide combined single limits of liability for bodily
injury and property damage of not less than
$1,000,000.00 for each occurrence, or the
equivalent, and include coverage for premises
operations, independent contractors, products,
completed operations, personal injury, contractual
liability, and medical payments. Coverage for
medical payments must include a minimum limit
$5,000.00 per person. Aggregate limits of liability
are prohibited.
(C) Insurance required under this section must include
(1) A cancellation provision in which the insurance
company is required to notify the city in writing (F) Not leave a horse, camel or dromedary untethered
not fewer than 30 days before canceling, and unattended except when confined to a stable
failing to renew, or making a material change or other enclosure.
to the insurance policy; and,
(G) Pick up all horse, camel and dromedary droppings
(2) A provision to cover all horses, camels, immediately with appropriate equipment
CD 117:16
(D) No insurance required by this section may be
obtained from an assigned risk pool.
(E) A Certificate of Public Convenience and Necessity
will not be granted and renewed unless the
applicant or holder furnishes the city with such
proof of insurance as the city considers necessary
to determine whether the applicant or holder is
adequately insured under this section.
(F) If the insurance of the holder lapses or is canceled
and new insurance is not obtained, the Certificate
of Public Convenience and Necessity shall be
suspended until insurance coverage required by
this section has been obtained. A person shall not
operate a nonmotorized passenger transport
service while the certificate is suspended under this
section.
(G) The holder shall provide adequate employer's
liability insurance for the employees as provided by
law.
(Ord. No. 3931, §7,10-3-95; Ord. No. 4396, §1, Ex. A, 5-21-02;
Code 1991, §117.85; Ord. 4939, 10-17-06)
117.86 Conduct Of Drivers And Handlers
Drivers and handlers shall at all times:
(A) Act in a reasonable, prudent, and courteous
manner;
(B) Maintain a sanitary and well-groomed appearance;
(C) Not inhale or consume any alcoholic beverage,
drug, or other substance that could adversely affect
his or her ability to operate a nonmotorized
passenger transport vehicle, or handle a horse.
(D) Not permit a person other than another employee
of the nonmotorized passenger transport service to
operate a vehicle or handle a horse under his or
her control.
(E) Not permit any person on the back of a horse,
camel or dromedary while it is pulling a
nonmotorized passenger transport vehicle;
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
(Ord. No. 3931, §8, 10-3-95; Ord. No. 4396, Ex. A, 5-21-02;
Code 1991, §117.86; Ord. 4939, 10-17-06)
117.87 Horses, Camels, Dromedaries,
Vehicles and Equipment
(A) Horses, Camels, Dromedaries.
(1) Before any horse, camel or dromedary maybe
used in a nonmotorized passenger transport
service, the holder must furnish the animal
services director with:
(a) A State Certificate of Veterinarian
Inspection with a photograph or drawing
of the horse, camel or dromedary showing
identifying markings of the horse, camel
or dromedary and showing that the horse,
camel or dromedary has been examined
at least once within the preceding three
months by a veterinarian licensed by the
State of Arkansas who specializes in
equine medicine (for horses) and in camel
medicine for camels and dromedaries;
and
(b) An equine vaccination certificate from a
licensed veterinarian showing proof that
the horse has had tetanus, rabies, and
Eastern -Western encephalitis
vaccinations; further, proof of a negative
Coggins Test must be submitted annually;
and
(c) A certificate from a licensed veterinarian
showing that the camel or dromedary has
had all necessary and appropriate
vaccinations.
(2) A horse, camel or dromedary used in a
nonmotorized passenger transport service
must:
(a) Be appropriately shod to work on paved
streets; if a horse, loses a shoe while
working, an "easy" type boot may be used
to finish the scheduled work day;
(b) Not have any open wound, oozing sore,
cut below skin level or bleeding wound;
(c) Not have evidence of lameness, such as,
but not limited to, head bobbing or
irregular rhythm;
(d) Be offered not less than five gallons of
drinking water at least every two hours;
(e) Have at least a 10 minute rest period after
every 50 minutes worked;
(f) Not work longer than six hours in a 24 -
hour period with a minimum of 12 hours of
rest;
(g) Have the appropriate bridle, bit, halter, or
harness equipment properly fitted and in
good repair with no deficiencies that could
reasonable by deemed a safety hazard;
(h) Be properly cleaned with no offensive
odors or caked dirt or mud;
(i) Not work with the outside temperature
exceeds 90 degrees Fahrenheit, or the
thermal heat index exceeds 110; and
(j) Be examined at least once every three
months by a veterinarian licensed by the
State of Arkansas who specializes in
equine or camel medicine and receive a
State Certificate of Veterinarian
Inspection, which must be submitted to
the animal services director.
(3) The animal services director may require a
holder, driver, or handler to remove from
service any pony, horse, camel or dromedary
that appears . to be ill, overtired,
undernourished, overloaded, injured or lame,
or whole health or life, in the opinion of a
veterinarian or qualified animal service officer
is in imminent danger. To reinstate a horse,
camel or dromedary removed from service the
animal must be re-examined and a new State
Certificate of Veterinarian Inspection must be
submitted to the animal control officer.
(4) For purposes of this section, a horse, camel or
dromedary is considered to be working any
time it is on the public street or sidewalk, or
other public right-of-way, during any hour of
operation of the nonmotorized passenger
transport service that is authorized by and on
file with the traffic superintendent.
(B) Vehicle inspection and maintenance. Each vehicle
shall comply with all the safety requirements
imposed by all state, federal or local laws
applicable to the vehicle involved.
(C) Required equipment.
(1) Nonmotorized passenger transport vehicles.
CD117:17
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
(a) A holder or driver shall, at all times,
117.90 Suspension, Revocation Of
provide and maintain in good operating
Certificate
condition the following equipment for each
nonmotorized passenger transport
(A) A certificate issued under the provisions of this
vehicle:
(i) Headlights;
article may be revoked or suspended by the Public
Transit Board if the holder thereof has:
(ii) Tail lights;
(1) Violated any of the provisions of this article;
(iii) Flashing lights;
(2) Violated any ordinances of the city, or the
(iv) Approved braking system;
laws, federal or state, the violations of which
reflect unfavorably on the fitness of the holder
(v) Rubber on all wheels;
to offer public transportation.
(vi) A "slow moving vehicle" sign
(B) Prior to suspension or revocation, the holder shall
attached to the rear of the vehicle;
be given notice of the proposed action to be taken
and shall have an opportunity to be heard.
(vii) Evidence of insurance;
(Ord. No. 3931, §12, 10-3-95; Ord. No. 4396, Ex. A, 5-21-02)
(viii) A copy of this article.
117.91 A.D.A. Compliance
(2) Helmets. Unless the operator, holder, or
Holder shall comply with all applicable provisions of the
handler of a pony, horse, camel or dromedary
Americans with Disabilities Act.
ride keeps all of its mounted ponies, horses,
(Ord. No. 3931, §13, 10-3-95; Ord. No. 4396, Ex. A, 5-21-02;
camels or dromedaries adequately and safely
Code 1991, §117.91)
tethered to a ring apparatus, the operator, holder
or handler shall ensure that every rider wears an
117.92 Authority To Summon Veterinarian
equestrian or bicycle -type safety helmet while
The police department is hereby authorized to
riding on horseback, camelback or
immediately summon the City Veterinarian (or other
dromedaryback.
licensed veterinarian as available) if at any time an
officer reasonably believes a horse, pony, camel or
(Ord. No. 3931, §9, 10-3-95; Ord. No. 4396, Ex. A, 5-21-02;
dromedary is ill, overtired, undernourished,
Code 1991, §117.87; Ord. 4497 06-17-03; Ord. 4939, 10-17-
overloaded, injured, or lame or whose health or life
06)
may otherwise be in imminent danger.
117.88 Transfer Of Certificate
(Ord. No. 3931, §14, 10-3-95; Ord. No. 4396, Ex. A, 5-21-02;
No Certificate of Public Convenience and Necessity may
Code 1991, §117.92; Ord. 4939, 10-17-06)
be sold, assigned, mortgaged, or otherwise transferred
without the consent of the Public Transit Board.
ARTICLE VIII
(Ord. No. 3931, §10, 10-3-95; Ord. No. 4396, Ex, A, 5-21-02;
LIGHTS OF THE OZARKS
Code 1991, §117.88)
117.89 License Fees
No certificate shall be issued or continued in operation
unless the holder thereof has paid annual license fee of
$250.00 for the right to operate a nonmotorized
passenger transport service under a Certificate of Public
Convenience and Necessity. The license fees shall be
for the calendar year and shall be in addition to any
other license fees or charges established by proper
authority and applicable to the holder.
(Ord. No. 3931, §11, 10-3-95; Ord. No. 4396, Ex. A, 5-21-02;
Code 1991, §117.89)
117.93 Lights Of The Ozarks
(A) Establishment, location and parking restrictions.
The Lights of the Ozarks celebration is hereby
established in the city as an annual celebration
beginning after the end of Farmers' Market (around
Thanksgiving) and running through January 1 of the
next year. This event shall be located on those
interior parking spaces (adjoining the old post
office) of the downtown square and on the
sidewalks adjoining those parking spaces as well
as those portions of the Town Center Plaza needed
for this event's success. The block of East Avenue
between Mountain Street and Center Street may be
restricted to horse-drawn carriages, pony rides, or
CD117:18
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
other event vendors. No vendor shall obstruct
pedestrian traffic on public sidewalks nor shall more
parking spaces be utilized for vendors than
absolutely necessary. The Fayetteville Advertising
and Promotion Commission and Fayetteville Town
Center staff are empowered to manage and
administer all vendors operating on the Fayetteville
Square during Lights of the Ozarks.
(B) Hours of operations. Vendors for the Lights of the
Ozarks shall be managed by the Fayetteville Town
Center staff such that active operation of pony
rides, carriage rides, etc. shall not commence, nor
shall East Street be impeded from normal traffic
prior to 6:00 P.M. nor obstructed later than midnight
except for New Years when such use will be
extended one hour until 1:00 a.m. on New Year's
Day.
(C) Sanitation. At the close of each Lights of the
Ozarks business evening, each vendor must
ensure that the area in which the vendor was
located or operating is completely clean, sanitary.
and free of trash, debris, manure, etc. Failure to
properly clean up shall be grounds to revoke that
vendor's license or permission to operate during
Lights of the Ozarks.
(D) Vendors and licenses. Any vendors operating
within the area of the Lights of the Ozarks shall
have all proper, necessary and valid licenses
applicable to the vendor's business and keep all
such licenses available for inspection and in good
standing while operating during Lights of the
Ozarks. Any event or other reasonable fee
charged by the Town Center Staff or the City of
Fayetteville to defray costs to manage Lights of the
Ozarks must be paid or the vendor shall be
prohibited from operating in this event.
(E) Sidewalk vendors. Sidewalk vendors must comply
with §178.03 of the Unified Development Code and
obtain proper permits from the Zoning and
Development Administrator as well as the
Fayetteville Town Center staff {which shall
constitute compliance with §178.03(E)(2)}.
(Ord. 5286, 11-17-09)
117.94-117.97 Reserved
117.98 Prohibited Activity
No person or company shall provide or offer to provide
motor vehicle rides to passengers if such service
resembles a taxicab or limousine service unless the
person and company have fully complied with Article IV
Taxicabs or Article V Limousine Service. It shall not
be a defense under this section if rides are offered to
C
passengers for tips or gratuities only
(Ord. No. 4623, 10-05-04)
117.99 Penalty
(A) Violation of any provision of this chapter for which
another penalty is not already otherwise provided,
shall subject the person in violation to the penalty
provisions of §10.99.
(B) Any person or company violating any of the
provisions of Article IV § 117.30 through § 117.50
and Article V § 117.60 through § 117.63 shall be
deemed guilty of a misdemeanor and upon
conviction thereof shall be fined not exceeding
$250.00. Each occurrence and each day's
continuance shall be considered a separate
offense. In addition, the city shall have a right to
revoke the permit or license required by § 117.37
and § 117.61 for any person or company convicted
of violating Article IV or Article V.
(C) Any person violating the provisions of § 117.98
Prohibited Activity shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be
fined not more than $500.00. A second and any
subsequent convictions of § 117.98 within a one
year period by the same person shall result in fines
not to exceed $1,000.00 per occurrence.
(D) Any person who shall violate any of the provisions
of §117.75 through §117.77 shall, upon conviction,
be punishable by a fine of not less than $5.00 nor
more than $250.00.
(Code 1965, §20-53; Ord. No. 1261, 4-10-61; Code 1991,
§117.99; Ord. No. 4623, 10-05-04)
ARTICLE IX
PEDICABS
117.100 Definitions
For the purpose of this article, the following words and
terms have the meaning ascribed thereto:
Driver. An individual who operates a pedicab.
Holder. A person who is granted a Certificate of
Public Convenience and Necessity under this article to
provide pedicab service in the city.
Motorized electric powered tricycle. A tricycle that
is equipped with an electric assist motor.
Pedicab. A tricycle or a motorized electric powered
tricycle, not wider than fifty-four (54) inches at its widest
point, which transports or is held out to the public as
;D117:19
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
available to transport passengers for hire, or for a (1) The name and address of the applicant,
gratuity, and is specifically designed and manufactured including the name and address of all officers
for that purpose. and stockholders of the company, if
incorporated, and the name, address and
Pedicab service. The business of offering or telephone number of the person to whom
providing transportation of persons for hire, or for a complaints should be directed;
gratuity, in a pedicab, when:
(1) A driver is furnished as part of the service; and
(2) The service is offered only in accordance with
a pre -approved route or within a zone of
operation by right.
Pedicab driver's permit. A permit issued to an
individual bythe Chief of Police to operate a pedicab for
hire in the city.
Operate. To drive or be in actual physical control of
a pedicab.
Permittee. An individual who has been issued a
pedicab driver's permit under this article.
Person. An individual, corporation, governmental
subdivision or an agency, trust, partnership, or two or
more persons having a common economic interest.
Preapproved route. Pedicab service operating on a
predetermined schedule with fixed pickup and
destination points located on a route approved by and
on file with the traffic superintendent.
Tricycle. A device that is propelled by human
power on which a person may ride and that has three
(3) Wheels in contact with the ground, any of
which is more than sixteen (16) inches in
diameter.
117.101 Certificate Of Public Convenience
And Necessity Required; Issuance
Procedure
(A) Certificate needed for operation. No person shall
operate or permit a pedicab owned, leased or
controlled by the person to be operated as a
vehicle for hire upon the streets or trails of the city
without having first obtained a Certificate of Public
Convenience and Necessity from the Fayetteville
City Council.
(B) Information required for Certificate. An application
for a certificate shall be filed with the Police
Department upon forms provided by the city, and
said application shall be verified under oath and
shall furnish the following information:
(2) The financial status of the applicant, including
the financial status of the officers and
stockholders of the company, if incorporated,
including the amount of all unpaid judgments
against the applicant (officers and
stockholders of the company, if incorporated),
and the nature of the transaction or acts giving
rise to said judgments;
(3) The experience of the applicant including all
officers and stockholders of the company, if
incorporated, in the transportation of
passengers, especially as related to pedicabs;
(4) Any facts which the applicant believes tend to
prove that public convenience and necessity
require the granting of a certificate;
(5) The number of pedicabs to be available for
operation or controlled by the applicant and the
location of proposed storage areas for the
pedicabs when not in active service. The
applicant shall furnish a minimum and
maximum number of requested vehicles to be
permitted;
(6) A complete description of each model or type
of pedicab sought to be used to include length,
width, brakes, any motor assist, year, make,
model, rated capacity, lighting and safety
features;
(7) The hours between which the applicant
proposes to provide pedicab service to the
general public, and the dates, if any, on which
the applicant does not propose to provide
pedicab service to the general public, and;
(8) The rate schedule or gratuity notice which the
applicant proposes to use to charge
passengers or receive gratuities.
(9) Any proposed predetermined route with
scheduled and fixed pick-up and destination
points and proposed fare for such pedicab
service;
(10) Documentary evidence from an insurance
company indicating a willingness to provide
liability insurance as required by this chapter;
(11) Such additional information as the applicant
CD117:20
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
desires to include to aid in the determination of
(A)
Permitted Zone of Operation. Pedicabs may only
whether the requested operating authority
operate and carry passengers within the Pedicab
should be granted; and,
Permitted Zone of Operation, as shown on the
attached map as authorized by the City Council
(12) Such additional information as may be
when granting a Certificate of Convenience and
determined to be necessary to assist or
Necessity or on routes or for special events as
promote the implementation or enforcement of
authorized by the Transportation Services Director.
this article, or the protection of the public
Pedicabs (without passengers) may be taken by
safety.
licensed pedicab operators from a storage, repair,
maintenance or cleaning area outside the Pedicab
(C) Public Hearing for Certificate. When the Police
Permitted Zone Of Operation into such zone or
Department notifies the City Clerk that a proper and
onto an approved route where operations may
adequate application has been filed, the City Clerk
begin. The City Council may further restrict the
shall fix a time and place for a public hearing
hours and dates of operation in Pedicab Permitted
thereon. The City Clerk shall thereupon notify the
Zone Of Operation for any or all pedicab
applicant who shall have the duty to notify all
companies.
holders of current and valid Certificates of Public
Convenience and Necessity for taxicabs and
(B)
Route Approval.
pedicabs and provide proof of such service to the
City Council. Any interested person shall have the
(1) All routes outside of the permitted zone of
right either in person or by representatives of their
operation shall be approved by the city's
own choosing, to be present at all such hearings
Transportation Services Director.
and to introduce evidence and to be heard either in
support of or opposition to the issuance of a
(2) Operators shall submit to the city's
certificate.
Transportation Services Director all requests
for temporary changes in authorized routes, or
(D) Findings of the City Council.
for participation in special events such as
festivals, parades or weddings, not less than
(1) If the City Council finds that pedicab or further
three (3) days before the effective date of the
pedicab service is required by the public
change or event.
convenience and necessity and that the
applicant is fit, willing, and able to perform
(C)
No pedicab shall be operated in a location where
such public transportation and to conform to
such operation is not authorized by this ordinance
the provisions of this subchapter, then the city
or prohibited by the laws of the State of Arkansas
clerk shall issue a certificate stating the name
or the Fayetteville City Code.
and address of the applicant, the number of
vehicles authorized under the certificate and
(D)
Operation on City Trails. Pedicabs may be
the date of issuance; otherwise, the application
operated on the entire length of the Frisco Trail,
shall be denied.
the Scull Creek Trail, the Mud Creek Trail, and
other transportation trails during the hours of
(2) The City Council shall deny any application in
10:00 p.m. until 5:00 a.m. except that portions of
which the proposed hours of service, the
these trails may be closed to pedicabs by the Parks
proposed rate schedule or the gratuity request
and Recreation Director for special events or if the
are found to be unreasonable to meet the
trail section is deemed too narrow for pedicabs or if
public need.
use of pedicabs on the section of trail could cause
safety issues. Pedicabs may not operate on any
(3) In making the above findings, the City Council
recreation trails in city parks (such as Lake
shall take into consideration the number of
Fayetteville, Wilson Park, Gulley Park, etc.).
taxicabs or pedicabs already in operation,
whether existing transportation is adequate to
(E)
The operator of a pedicab shall maintain at least
meet the public need, the probable effect of
one hand on the handlebars at all times during
increased service on local traffic conditions
movement of the pedicab.
and traffic safety, and the character,
experience, and responsibility of the applicant.
(F)
No pedicab shall be operated on a street with
posted speed limit of thirty-five (35) miles per hour
117.102 Pedicab Permitted Zone Of
or greater, except for the purpose of crossing that
Operation And Approved Fixed Routes
street unless authorized by the Transportation
Services Director.
CD117:21
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
(G) No pedicab shall be operated using a gas powered
assist motor.
CD1 17:22
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
CD117:23
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
(Ord. 5346, 8-17-10; Ord. 5397, 4-19-11)
(E) Form and Term of Permit.
117.103 Pedicab Driver's Permit
(1) Upon approval of an application for a pedicab
(A) Pedicab Driver's Permit Required. No person shall
driver's permit, the chief of police or designee
operate a pedicab for hire or for a gratuity upon the
shall issue a permit to the applicant for an
streets of the city, and no person who owns or
issuance fee of $35.00, which shall bear the
controls a pedicab shall permit it to be so operated,
name, address, age, signature, and
unless the driver of said vehicle shall have first
photograph of the applicant.
obtained and shall have then in force a pedicab
(2) The pedicab driver's permit shall remain in
driver's permit issued under the provisions of this
effect unless suspended or revoked until
article.
January 31, the following year. The pedicab
(B) Pedicab Driver's Permit Application,
driver's permit may be reissued for another
year for a reissuance fee of $35.00 by the chief
(1) An application for a pedicab driver's permit
of police or designee after ensuring the
applicant continues to meet all requirements of
shall be filed with the Fayetteville Police
this section.
Department on forms provided by the city.
Such application shall be verified under oath
and shall contain the following information:
(F) Application Returned to Pedicab Company. When
a driver's permit is issued, the application and
(a) Valid current Arkansas Driver's license,
supporting information shall be returned to the
holder of the Certificate of Public Convenience and
(b) The names and addresses of four (4)
Necessity to be held by the certificate holder so
residents of the county, who have known
long as the driver is employed by the certificate
the applicant for a period of one year and
holder.
who will vouch for the sobriety, honesty,
and general good character of the
117.104 Display Of Permit
applicant;
Every permittee under this article shall post his or her
driver's permit in such a place as to be in full view of all
(c) A concise history of the applicant's
passengers while the driver is operating a pedicab.
employment;
117.105 Suspension, Revocation Of Permit
(d) Proof of training in the use and operation
The Chief of Police or Assistant Chief is given the
of a pedicab pursuant to a curriculum
authority to suspend any pedicab driver's permit issued
approved by the chief of police,
under this article for a driver's failure or refusal to
comply with the provisions of this article, such
(e) Proof of existing employment or a promise
suspension to last for a period of not more than ten
of employment when a pedicab driver's
days. The Chief of Police or Assistant Chief is also
permit is issued with the pedicab
given authority to revoke any driver's permit for failure to
company that has a valid Certificate of
comply with the provisions of this article of for the
Public Convenience and Necessity.
violation of any local, state or federal law. However, a
permit may not be suspended or revoked unless the
(C) Police Investigation. The police department shall
driver has received notice and has had an opportunity to
conduct an investigation of each applicant for a
present evidence in his behalf.
pedicab driver's permit, and a report of such
investigation with a copy of the traffic and police
117.106 Insurance Requirements
record of the applicant, if any, shall be attached to
the application for the consideration of the chief of
(A) A holder shall procure and keep in full force and
police,
effect commercial general liability insurance written
by an insurance company approved by the State of
(D) Issuance of Permit. The chief of police or designee
Arkansas and acceptable to the city and issued in
shall, upon consideration of the application and the
the standard form approved by the State Board of
reports required to be attached thereto, approve or
Insurance. All provisions of the policy must be
reject the application. If the application is rejected,
acceptable to the city. The insured provisions of
the applicant may request a personal appearance
the policy must name the city as additional insured
before the city council to offer evidence why his/her
and the coverage provisions must provide coverage
application should be reconsidered.
CD117:24
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
for any loss or damage that may arise to any
person or property by reason of the operation of a
pedicab service by the holder.
(B) The commercial general liability insurance must
provide combined single limits of liability for bodily
injury and property damage of not less than one
million dollars ($1,000,000.00) for each occurrence,
or the equivalent, and include coverage for
premises operations, independent contractors,
products, completed operations, personal injury,
contractual liability, and medical payments.
Coverage for medical payments must include a
minimum limit $5,000.00 per person. Aggregate
limits of liability are prohibited.
(C) Insurance required under this section must include:
(1) A cancellation provision in which the insurance
company is required to notify the city in writing
not fewer than 30 days before canceling,
failing to renew, or making a material change
to the insurance policy; and,
(2) A provision to cover all pedicabs, whether
owned or not by the holder if operated under
the holder's Certificate of Public Convenience
and Necessity.
(D) No insurance required by this section may be
obtained from an assigned risk pool.
(E) A Certificate of Public Convenience and Necessity
will not be granted and renewed unless the
applicant or holder furnishes the city with such
proof of insurance as the city considers necessary
to determine whether the applicant or holder is
adequately insured under this section.
(F) If the insurance of the holder lapses or is canceled
and new insurance is not obtained, the Certificate
of Public Convenience and Necessity shall be
suspended until insurance coverage required by
this section has been obtained. A person shall not
operate a pedicab service while the certificate is
suspended under this section.
(G) The holder shall provide adequate employer's
liability insurance for the employees as provided by
law.
117.107 Conduct Of Drivers
Drivers shall at all times:
(A) Act in a reasonable, prudent, and courteous
manner;
(B) Maintain a sanitary and well-groomed appearance;
(C) Not inhale or consume any alcoholic beverage,
drug, or other substance that could adversely affect
his or her ability to operate a pedicab;
(D) Not permit a person other than another employee
of the pedicab service with a valid Pedicab Driver's
Permit to operate a pedicab under his or her
control;
(E) Not permit any person to ride on a place not
intended for passengers of the pedicab.
117.108 Pedicab Equipment; Inspection
(A) Inspection and maintenance. Each pedicab shall
comply with all the safety requirements imposed by
all state, federal or local laws. Each pedicab shall
submit to an annual inspection for compliance with
the requirements of this article. The inspection
shall be performed by the Transportation
Department. The fee for inspection shall be $50.00
per pedicab inspected. No certificate shall be
issued or continued in operation unless the holder
thereof provides proof of annual pedicab inspection
for each pedicab in service.
(B) Required equipment.
(1) A holder or driver shall, at all times, provide
and maintain in good operating condition the
following equipment for each pedicab:
(a) Headlight;
(b) Taillights;
(c) Lights or reflectors on the front and rear
corners of the passenger compartment;
(d) Approved braking system;
(e) Pneumatic tires that conform with the
manufacturer's specifications on all
wheels with adequate tread depth;
(f) Evidence of insurance and city map;
(g) Mirror;
(h) No exposed rust, ripped upholstery or
fabric, visible chips or scratches on any
painted surface, exposed wood that is not
painted and in good condition, or dirt or
debris on any surface accessible to
passengers.
(i) . Seat strap available for passenger use;
CD117:25
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
shall be denoted as cancelled and invalid by the
(j) Rate card or gratuity notice card City Clerk.
complying with their Certificate of
Convenience and Necessity and this code
posted in clear view of passengers;
(k) Child safety helmet available for
passenger use.
(I) Sound -warning device;
(m) The identification number assigned by the
Fayetteville Police Department for the
pedicab and telephone number of the
pedicab company shall be displayed on
the rear of the pedicab with numerals no
smaller than two inches in height and one
inch in width.
(Ord. 5399, 4-19-11)
117.109 Transfer Of Certificate
No Certificate of Public Convenience and Necessity may
be sold, assigned, mortgaged, or otherwise transferred
without the consent of the City Council.
117.110 License Fees
No certificate shall be issued unless the applicant has
paid a license fee of $100.00 to offset the administrative
costs to issue a Certificate of Public Convenience and
Necessity.
117.111 Suspension, Revocation, And
Cancellation Of Certificate
(A) A certificate issued under the provisions of this
article may be revoked or suspended by the
Fayetteville City Council if the holder thereof has:
(1) Violated any of the provisions of this article;
(2) Violated any ordinances of the city, or the
laws, federal or state, the violations of which
reflect unfavorably on the fitness of the holder
to offer public transportation.
(B) Prior to suspension or revocation, the holder shall
be given notice of the proposed action to be taken
and shall have an opportunity to be heard.
(C) If any holder of a Certificate goes out of business,
fails to operate under the Certificate for one
calendar year, fails to have any vehicle inspected to
operate under the Certificate for one calendar year
or fails to have any driver or operator properly
permitted under the Certificate for one calendar
year, the holder's Certificate of Public Convenience
and Necessity shall be deemed abandoned and
117.112 Maximum Pedicab Fares
Established
(A) The maximum pedicab fare that can be charged for
the transportation of each passenger is hereby
established and will be conspicuously posted on
each pedicab unless the pedicab will be operated
upon a gratuity only basis. The pedicab fare may
not exceed $8.00 per passenger for operations
within the Pedicab Permitted Zone of Operation.
(B) If a pedicab is operated on a gratuity only basis, no
minimum fare or gratuity may be charged. The
pedicab shall conspicuously post the following sign
clearly visible to the passengers: "No fare or
minimum gratuity may be charged by the pedicab
driver for passengers. Passengers may offer
whatever gratuity they believe is appropriate for the
pedicab ride."
117.113 Number Of Passengers In
Pedicabs Limited To Three Persons
Pedicab drivers must ensure that the rated carrying
capacity of their pedicabs is never exceeded. No more
than three persons may be passengers in a pedicab.
117.114 Pedicabs May Not Use Public
Sidewalks
Pedicabs may not operate on or park on public
sidewalks in Fayetteville. Pedicabs must pay a full
normal parking space fee when stopped for more than
one minute or parked within a paid parking space.
117.115 A.D.A. Compliance
Holders shall comply with all applicable provisions of the
Americans with Disabilities Act.
(Ord. 5346, 8-17-10)
CD117:26
Per Police Department
2015 Approved Taxi List (companies allowed inspection and decals) Per Jay Harter 030615 Ext 8355
2015 Vehicles permitted per Barbara Olsen. Fleet 03/06/15
Date Approved
Resolution
Number
Type
Name of Company
Contact
Address
City
State
Zip Code
Phone Number
Allotted
Vehicles
Vehicles
Permitted
in 2015
Drivers
Permitted
in 2015
Email Address
11/08/12
-210-12'
Taxi "_flyxasty
Taxi Service, Inc. r!.
Brice Cu '".
917 71 Plaza Ct. Suite B
S ring dale
AR
72764'-..
(479) 443-5466
15 to30
9 -
—26
currysinci9/gmei/.com
(479)521-8294
09/04/12
181-12
Taxi
Fayetteville Taxi, LC
Stewart Larrabee
2556W. Mt. Comfort Road # 10
Fa etteville
AR
72704
(479) 444-4321
1104
2
3
'roinlvak/V/grrail.com
(954) 829-7961
Brian/8/Lesterfirm.com
12/06/11 -
213-11
Taxi ^
Green Cab
Brad Audrain •.
609 W. Dickson St., Suite 112
Fayetteville
AR.
72701
(479) 966-4111
4:to 10
6
16 '
bradlBridegreencab com
07/03/07
121-07
Taxi
NWA Taxi
Joe Washington
997 Happy Trails Drive
Rh56
AR
72756
(479) 640.1430
5 to 15
4
11
mon nwataxi.com
NWA Taxi
(479) 636-8294
,ew/0'nwalavi.com
NWA Taxi
(479) 756-8294
3/4/2014
53-14
Taxi - .
Piggy Back Taxi ≥
Christopher "Cole" Stocking 510cki09
P.O. Box 1284
Fay etteville
AR
72702 :
- (479) 719-2192
10
0
8
Colestockmo3idamail.coer
March 6, 2015
There are currently no active Limos - No limos permitted per Barbara Olsen - Fleet March 6, 2015
There are currently no active Pedicabs per Sargent Jay Harter
City of Fayetteville, Arkansas 113 West Mountain Street
r ( Fayetteville, AR 72701
479-575-8323
s gW rz
pF 8
r Text File
File Number: 2015-0099
Agenda Date: 3/17/2015 Version: 1 Status: Agenda Ready
In Control: City Council File Type: Resolution
Agenda Number: C.2
COLLEGE TOWN LIMO:
A RESOLUTION TO GRANT A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
TO COLLEGE TOWN LIMO FOR THE OPERATION OF ONE (1) TO THREE (3) LIMOUSINES IN
THE CITY OF FAYETTEVILLE
WHEREAS, the City Council of the City of Fayetteville, Arkansas finds that further limousine service
in the City is required by the public convenience and necessity; and
WHEREAS, the City Council of the City of Fayetteville, Arkansas, taking into consideration the
number of limousines already in operation, whether existing transportation is adequate to meet the
public need, the probable effect of increased service on local traffic conditions and the character,
experience, and responsibility of the applicant, finds the applicant, College Town Limo is fit, willing,
and able to perform such public transportation and to conform to the provisions of Article V of Chapter
117 of the Fayetteville Code of Ordinances,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby grants a Certificate of
Public Convenience and Necessity to College Town Limo for the operation of one (1) to three (3)
limousines in the City of Fayetteville, in accordance with Article V of Chapter 117 of the Fayetteville
Code of Ordinances.
City of Fayetteville, Arkansas Page 1 Printed on 3/5/2015
City of Fayetteville Staff Review Form
2015-0099
Legistar File ID
3/17/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Police /
Greg Tabor 2/19/2015 Police Department
Submitted By Submitted Date Division / Department
Action Recommendation:
A public hearing to determine if a Certificate of Public Convenience and Necessity should be issued to College
Town Limo for limousine service.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $ -
Funds Obligated $ -
Current Balance
Does item have a cost? NA Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget $
V20140710
Previous Ordinance or Resolution #
Original Contract Number: Approval Date:
Comments:
CITY OF
'ttville
it CITY COUNLAGENDA MEIiO
ARKANSAS
MEETING.._OF._MARCH..1.7,._2015-_........._._.._ ..... ......... ......... .. .. ...._
TO: Mayor and City Council
FROM: Greg Tabor, Chief of Police
DATE: February 19, 2015 _
SUBJECT: Request for Public Hearing on a Certificate of Public Convenience and Necessity
RECOMMENDATION:
The City Council should schedule a public_ hearing_ to determine_if a Certificate of Public _
Convenience and Necessity should be issued to College Town Limo for limousine service.
BACKGROUND:
City Ordinance 117 article IV governs the application process for taxis and limousines and
requires a public hearing to determine if there exists the further need for taxicab and limousine
service.
DISCUSSION:
Mr. Burchell is making application for limousine service only. He does not intend to be
permitted for taxis.
BUDGETISTAFF IMPACT:
The budget impact is minimal. The staff impact will result in the police department processing
the required fees, and the City Shop will take on additional inspections.
Attachments:
Application
Financial Statement
Proof of Insurance
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Certificate of Public
Convenience & Necessity
Page 1 of 3
Updated 02/26/14
Certificate of Public Convenience & Necessity
......._....... ......._...._ ... . ..... _.........
ApplicationfRenewal
.As required to comply with .Chapter 117 of.the FayettevilIe Codeet Ordinances
Christopher Burchell 438 E Mimosa LN, F'viile, :AR, 72703 479-236-0587
Applicant Name Address Phone Number
College Town Limo
Name of 'Business Phone Number
438 .E Mimosa LN, Fayettev�lle, Al t, 72703
Business Location
438'E :Mimosa LN, °Fayetteville, AR, 72703
----..-... ---. Mailing Address - — — - ——................ .
sole proprietor
Type of Business (Sole Proprietor, Corporation, I LC)
Name and address of all owners,.offlcers and stockholders*
Christopher Burchell, 438 E Mimosa LN, Fayetteville, AR 72703
Name of person to whom complaints should be directed:
Christopher Burphell
Type of Permit Requested: Taxicab.....:.;Limousine. .
Financial status of applicant ;(Attach financial statement or profit and loss statement)
List any unpaid judgments against any of the owners, officers and stockholders and the nature or
acts giving rise to:said judgments:
There are no. unpaid'judgenerlts against the owner.
Certificate of Public
Convenience &.Necessity
Page 2 of 3
Updated 02/26/14
Describe, the experience of all owners, officers and stockholders in the transportation of
passengers: . .. ,
Is MrRurchell,'have 'generated indispensable experience drivingfora'Fayetteville 'taxicab
een paces in w i e pr�sent'm.arketplace ofpassenger.vehliciestorbire.tailS to"s
Give any°facts you believe tend to prove the necessity of granting a certificate:
List the number of: vehicles. that will be under your operation or control
One'
igh
Minimum and Maximum number of vehicles to be One Three
permitted:
Minimum Maximum
List.the location:of proposed. depots and terminals:
The service will be available .on call. As such, no fixed terminals or depots will be designated.
Describe the color scheme or insignia to be used to designate your vehicle:
The „College Town Limo logo Ci C= L L E G 'N represented'ere wit appear on .... .
both middle side windows of the vehicle.
List your days .and hours of :operation:
Since the equipment and amenities f offer are traditionally most popularduring evenings
an .woe . on s; -an erpa e io rirs e aarrrtcen e here urang . oaef1The:
List arty days you do not propose to provide taxicab service tothe:general public.
The service will be available_for reservations on any_given day.
Listyour proposed passenger rate schedule:
A pla n and simple hourly rate will be used. While the :basic rate may be reduced by special offers
rwi iici2C]i fill It`'.will `riEv r. ' int1ti2d chirtnci.nPrin s of htohs:de?'ar#' [elan to aunc : e service
with a rate of $75 per hour.
State
County of
On
of 2t3 fare m. ,
personally_ app earedLkS1phe(D. _bLiLi I
von) :to::be the person whose name is subscribed to the within instrument
In -witness whereof i:hereunto set my.hand and official seal.
Police DepartmentRe-presentative
Date
ii1•( Chas Burchell
438:E Mimosa LN,.Fayetteville, AR 72703
9 (479} 23b-0587
To:
Fayetteville City Council
Fayetteville Police Department
Subject Request for a Certificate of Public Necessity -for College Town Limo
February 13, 2015
I would like toxequest a:eertificate of public necessity so that I may launch a new limousine service inFay-
etteville called College Town Limo.
I have made the necessary arrangements to finance the venture. Should I be:fortunate.enough to.:be: granted a cer-
tificate of public necessity and convenience from this council, I will be able to immediately complete the acquis-
ition of a clear title over the business'sprimary asset, the limousine itself I have no financial delinquencies or
judgements against me which would threaten my ability to sustain the service.
I have worked with a Fayetteville insurance agency to arrange a high level .of commercial vehicle coverage to
be underwritten by National Liability and Fire. I also plan to rely on Fayetteville, businesses for the banking,
clothing, and mechanical needs of College Town Limo.
At_present, there is no limousine service based in Fayetteville. I am excited: at the :prospect of building a service
which mirrors our city's values while serving its residents and visitors.
Thankyou for considering my requestfor a certificate of.puhlic.necessity and: convenience..
Sincerely
Chris Burchell
AL.O
1'.TUF2ARFCi:GENCY, 1NC.
Si n4 rthst tWarSfnce 1888
February.10,..201:5__......
Christopher Burchell
438 E Mimosa LN
Fayetteville, AR 72703
Re: Quote
Chris,
We have obtained the following:quote:for your limo business:
Auto Liability
$1,0000.0 —combined singe limit
$1,000,000 uninsured/underinsured bodily injury only
1996 Lincoln, vin #1LNLM81 W9TY606000 valued at $6000 total
Deductibles: comprehensive - .$.1,000; collision - $1,000
Radius 75 miles
Clean MVR for driver
Company: National Liability & Fire
Annual Premium: $2300
Quote is. subject to:
Signed, completed applications
Acceptable MVRS and Drivers
No losses prior to binding
Quote is valid until 2/18/15
t9y�Rtr _
7 Colt Square, Suite I P.O. Box 417 Fayetteville, AR 72703 :1 Ph: 479.521.2233 j Fax: 479.442.3521
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
479-575-8323
Meeting Agenda - Tentative Agenda
Tuesday, March 10, 2015
4:30 PM
City Hall Room 219
City Council
Adella Gray Ward 1
Sarah Marsh Ward 1
Mark Kinion Ward 2
Matthew Petty Ward 2
Justin Tennant Ward 3
Martin W. Schoppmeyer, Jr. Ward 3
John S. La Tour Ward 4
Alan Long Ward 4
City Council Meeting Agenda - Tentative March 10, 2015
Agenda
Call To Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions
City Council Meeting Presentations, Reports and Discussion Items:
Agenda Additions:
A. Consent:
A.1 2014-0499
Approval of the March 3, 2015 City Council meeting minutes.
A.2 2015-0101
GULF COAST HIGH INTENSITY DRUG TRAFFICKING AREA
FUNDING:
A RESOLUTION TO AUTHORIZE ACCEPTANCE OF FUNDING
FROM THE GULF COAST HIGH INTENSITY DRUG TRAFFICKING
AREA IN THE AMOUNT OF $116,644.00 FOR THE POLICE
DEPARTMENT, AND TO APPROVE A BUDGET ADJUSTMENT
Attachments:
SRP - 2015 GCHIDTA
BA - FPD HIDTA DTA FY 2015
A.3 2015-0111
FAYETTEVILLE POLICE DEPARTMENT POLICIES:
A RESOLUTION TO APPROVE FAYETTEVILLE POLICE
DEPARTMENT POLICIES 1.2.1 LIMITS OF AUTHORITY; 1.3.1 USE
OF FORCE; 1.3.4 LESS LETHAL WEAPONS AND DEFENSIVE
TACTICS; 46.1.10 ACTIVE THREATS; 48.1.1 NEXT OF KIN
NOTIFICATIONS/ASSISTANCE SERVICES; AND 71.1.1 DETAINEE
TRANSPORT
Attachments: Fayetteville Police Policies
City of Fayetteville, Arkansas Page 2 Printed on 3/5/2015
City Council Meeting Agenda - Tentative March 10, 2015
Agenda
A.4 2015-0120
SPORT COURT:
A RESOLUTION TO AUTHORIZE A CONTRACT WITH SPORT
COURT IN THE AMOUNT OF $54,785.00 PURSUANT TO THE
TIPS/TAPS INTERLOCAL PURCHASING SYSTEM CONTRACT FOR
THE PURCHASE AND INSTALLATION OF NEW GYMNASIUM
FLOORING AT THE YVONNE RICHARDSON COMMUNITY
CENTER, TO APPROVE A PROJECT CONTINGENCY IN THE
AMOUNT OF $5,089.32, AND TO APPROVE A BUDGET
ADJUSTMENT
Attachments: YRCC Floor Packet 2015-0120
BA2015 YRCC Flooring.xlsm
B. Unfinished Business:
B.1 2015-0008
ENACT ARTICLE III PROCEDURE TO EXERCISE INITIATIVE
AND REFERENDUM RIGHTS OF CHAPTER 36: ELECTIONS:
AN ORDINANCE TO ENACT ARTICLE III PROCEDURE TO
EXERCISE INITIATIVE AND REFERENDUM RIGHTS OF
CHAPTER 36: ELECTIONS INTO THE FAYETTEVILLE CODE TO
CLARIFY THE PROPER PROCEDURE FOR THE CITIZENS' RIGHT
OF THE INITIATIVE AND REFERENDUM
Attachments: Agenda Packet Ord § 36.20
Referendum Procedural Ordinance 020315
Proposed Referendum and Initiative Language
This ordinance was left on the First Reading at the January 20, 2015 City
Council meeting. This ordinance was tabled to the March 17, 2015 City Council
Meeting at the February 3, 2015 City Council Meeting.
City of Fayetteville, Arkansas Page 3 Printed on 3/5/2015
City Council Meeting Agenda - Tentative March 10, 2015
Agenda
B.2 2014-0382
RAZE AND REMOVAL KENNETH C. AND WANDA L.
EASTERLING:
A RESOLUTION TO ORDER THE RAZING AND REMOVAL OF A
DILAPIDATED AND UNSAFE STRUCTURE OWNED BY KENNETH
C. AND WANDA L. EASTERLING LOCATED AT 909 W. EAGLE
STREET IN THE CITY OF FAYETTEVILLE, ARKANSAS, AND TO
APPROVE A BUDGET ADJUSTMENT
Attachments: SRF (909 Eagle) C#19276
SRM R&R Council Memo (909 Eagle) C#19276
BA -909 W Eagle
Supporting Documents (909 Eagle) C#19276
This resolution was tabled at the September 16, 2014 City Council meeeting to
the December 2, 2014 City Council meeting. This resolution was tabled at the
December 2, 2014 City Council meeting to the March 17, 2015 City Council
meeting.
C. Public Hearing:
C.1 2015-0098
DESTINY LIMOUSINES, LLC DBA AMBASSADOR
TRANSPORTATION SERVICES:
A RESOLUTION TO GRANT A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO DESTINY LIMOUSINES, LLC
DBA AMBASSADOR TRANSPORTATION SERVICES FOR THE
OPERATION OF TWO (2) TO SIX (6) TAXICABS IN THE CITY OF
FAYETTEVILLE
Attachments: AR - Ambassador
C.2 2015-0099
COLLEGE TOWN LIMO:
A RESOLUTION TO GRANT A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO COLLEGE TOWN LIMO FOR
THE OPERATION OF ONE (1) TO THREE (3) LIMOUSINES IN THE
CITY OF FAYETTEVILLE
Attachments: AR - College Town
D. New Business:
City of Fayetteville, Arkansas Page 4 Printed on 3/5/2015
City Council Meeting Agenda - Tentative March 10, 2015
Agenda
D.1 2015-0121
VAC 15-4948 (3215 N NORTH HILLS DRIVE/WRMC WOMEN'S
CLINIC):
AN ORDINANCE APPROVING VAC 15-4948 SUBMITTED BY USI
CONSULTING ENGINEERS FOR PROPERTY LOCATED AT 3215
NORTH HILLS DRIVE TO VACATE PORTIONS OF EXISTING
UTILITY EASEMENT
Attachments: 15-4948 CC REPORTS
15-4948 ORD EXHIBITS
15-4948 CC ORD
E. City Council Agenda Session Presentations:
E. 1 2015-0066 Agenda Session Presentation - Urban Forestry Advisory Board
Presentation led by UFAB Chair, Don Steinkraus.
F. City Council Tour:
G. Announcements:
H. Adjournment
NOTICE TO MEMBERS OF THE AUDIENCE
City of Fayetteville, Arkansas Page 5 Printed on 3/5/2015
City Council Meeting Agenda - Tentative March 10, 2015
Agenda
All interested persons may address the City Council on agenda items of New and
Old Business. Please wait for the Mayor to request public comment and then
come to the podium, give your name, address, and comments about the agenda
item. Please address only the Mayor. Questions are usually answered by the
Mayor, Aldermen or Staff after the public comment period is over. Please keep
your comments brief and respectful. Each person is only allowed one turn at the
microphone for discussion of an agenda item.
All cell phones must be silenced and may not be used within the City Council
Chambers.
Below is a portion of the Rules of Order and Procedure of the Fayetteville City
Council pertaining to City Council meetings:
Agenda additions. A new item which is requested to be added to the agenda at a
City Council meeting should only be considered if it requires immediate City
Council consideration and if the normal agenda setting process is not practical.
The City Council may only place such new item on the City Council meeting's
agenda by suspending the rules by two-thirds vote. Such agenda addition shall be
heard prior to the Consent Agenda.
Consent Agenda. Consent Agenda items shall be read by the Mayor and voted
upon as a group without discussion by the City Council. If an Alderman wishes to
comment upon or discuss a Consent Agenda item, that item shall be removed and
considered immediately after the Consent Agenda has been voted upon.
Old business and new business.
Presentations by staff and applicants. Agenda items shall be introduced by the
Mayor and, if an ordinance, read by the City Attorney. City staff shall then present
a report. An agenda applicant (city contractor, rezoning or development applicant,
etc.) may present its proposal only during this presentation period, but may be
recalled by an alderman later to answer questions. Staff and applicants may use
electronic visual aids in a City Council meeting as part of their presentation.
Public comments. Public comment shall be allowed for all members of the
audience on all items of old and new business and subjects of public hearings. No
electronic visual aid presentations shall be allowed, but the public may submit
photos, petitions, etc. to be distributed to the City Council. If a member of the
public wishes for the City Clerk to distribute materials to the City Council before its
meeting, such materials should be supplied to the City Clerk office no later than
9:00 a.m. on the day of the City Council meeting. Any member of the public shall
first state his or her name and address, followed by a concise statement of the
person's position on the question under discussion. Repetitive comments should
be avoided; this applies to comments made previously either to the City Council or
to the Planning Commission when those Planning Commission minutes have been
provided to the Aldermen. All remarks shall be addressed to the Mayor or the City
Council as a whole and not to any particular member of the City Council. No
person other than the Aldermen and the person having the floor shall be permitted
to enter into any discussions without permission of the Mayor. No questions shall
be directed to an Alderman or city staff member except through the Mayor.
City of Fayetteville, Arkansas Page 6 Printed on 3/5/2015
City Council Meeting Agenda - Tentative March 10, 2015
Agenda
Courtesy and respect.
All members of the public, all city staff and elected officials shall accord the utmost
courtesy and respect to each other at all times. All shall refrain from rude or
derogatory remarks, reflections as to integrity, abusive comments and statements
about motives or personalities. Any member of the public who violates these
standards shall be ruled out of order by the Mayor, must immediately cease
speaking and shall leave the podium.
Interpreters or TDD for hearing impaired are available for all City Council
meetings, a 72 hour advance notice is required. For further information or to
request an interpreter, please call 575-8330.
A copy of the complete City Council agenda is available at accessfayetteville.org
or in the office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas.
City of Fayetteville, Arkansas Page 7 Printed on 3/5/2015
Branson, Lisa
From: Christopher Burchell <christopherburchell@icloud.com>
Sent: Thursday, March 12, 2015 1:45 AM
To: currysinc@gmail.com; Brian@Lesterfirm.com; pointoak@gmail.com;
brad@ridegreencab.com; joew@nwataxi.com; Colestocking3@gmail.com
Cc: Smith, Sondra; Branson, Lisa
Subject: OFFICIAL NOTIFICATION: Certificate of Public Convenience and Necessity requested
Attachments: 2015 College Town Limo public meeting notice packet 030915.pdf
Dear fellow wheelmen of Fayetteville,
I am happy to announce my intention to offer a new limousine service to Fayetteville's residents and visitors. As
required by ordinance, I have requested a Certificate of Public Convenience and Necessity from the city. The
Fayetteville City Council will consider my request during their regular 5:30pm meeting this Tuesday, March
17th in Room 219 at City Hall, 113 West Mountain in Fayetteville.
The process affords an opportunity for public comment before the council votes to grant or deny my request.
Please help strengthen Fayetteville's hired car sector by supporting my efforts to improve the capacity and
diversity of the services we offer.
Sincerely,
Chris Burchell
CityClerk CJj
From: Brad Audrain <baudrai@gmail.com>
Sent: Tuesday, March 17, 2015 2:28 PM
To: CityClerk
Subject: Message regarding Public Need and Necessity hearing tonight
Sondra,
I was wondering if you could send this email out to all the members of the city council regarding the hearings
on Public Need and Necessity applicants tonight. It is the same email that I sent last year when Ambassador
transportation was applying for a license.
Members of the City Council,
I am sending the same message that I sent last year when Ambassador transportation filed for their permit for
need and necessity. Nothing has changed since their last filing other than the addition of Uber as a full time
transportation option for the city of Fayetteville. Despite Uber's disregard for commercial insurance and their
lack of background checks, this email is not about them. I truly believe that the city does not have the ability to
stop Uber from conducting business, and I do not believe I have a chance in winning that battle. On the other
hand, I have read the applications for the businesses applying for their permits tonight, and I just hope that they
have to play by the same rules as the rest of us. When we applied for permit, the city required that we have a
business location inside the city limits and that we be available to Fayetteville's citizens 24 hours a day and 7
days a week. If these other companies are able to come down on Friday and Saturday nights only, we will not
be able to stay open 24 hours a day. I know Uber is only open when it benefits them the most, and they
certainly aren't available early on weekdays. I hope you will consider my thoughts on the subject and the
message from last year posted below. Thank you for your time.
Last year's email:
I'd like to start by thanking you all for the great work done by the city
council in recent months. Green Cab has grown in a short period of time,
and we believe the future is bright in Fayetteville. We
are striving to grow in accordance with the city's goals, and we have added
bike racks to go along with our fuel efficient hybrid taxi fleet.
Green Cab Company is a strong supporter of the city of Fayetteville, and we
wanted to bring a few points to the council's attention regarding the
hearing for issuing the certificate of public necessity and convenience
later this evening. We try to maintain a professional and courteous
relationship with other cab companies in Fayetteville as well as those we
work with at XNA airport. While we are reluctant to speak against our
competition at the public hearing, we wanted to the council know why we
don't see a need for adding another cab company downtown at this time.
While we respect a free market system, we also support local businesses,
.ind adding another company from Bentonville slows the growth of local
companies that have been striving to offer the best service possible to the
people of Fayetteville. We just added a sixth vehicle to our fleet, and we
were hoping to add two more by the end of 2014. Currently, all of the
reserved space outside of the Walton Arts Center is occupied every weekend
night, and adding another company would only create more of a problem.
The police department does a fantastic job working with us to permit
drivers with a clean background that make our customers feel
comfortable. I believe that adding another cab company and 10-15 more
drivers would make it extremely difficult for us to permit drivers
as efficiently without risking the quality time put in to each individual
applicant. I am proud of the work I do with Sgt. Harter on each driver
that we consider, and I would like to continue our good work going forward
without long delays when new help is needed.
While the main point in question is need and necessity, two other
Bentonville -based companies that work at the airport have mentioned that
they would apply for this same permit if Abundant/Destiny is passed at the
hearing tonight. I believe it would set a precedent for allowing
other companies to come in that may not share our same goals for the city
of Fayetteville.
In short, we just don't believe that another taxi service is necessary at
this time, and we feel that there could be some unintended consequences of
adding a new company. Thank you for your time, and we look forward to many
great years working with the city of Fayetteville.
Bradley C. Audrain,
Green Cab Company, Inc.
609 W. Dickson St., Suite 112
baudrai@gmail.com
Fayetteville, AR 72701
www.ridegreencab.com
Office: (479) 966-4111
Twitter: @GreenCabCo
Mobile: (901) 490-9943
Facebook: GreenCabCo