§ 1103. PERMIT APPLICATIONS AND RENEWAL.

(a) Application Forms. Application for any permit issued or Use Agreement entered into pursuant to this Article shall be made to the SFMTA on a form provided by the SFMTA. The applicant shall provide such information and documents as the SFMTA requires, which may include a physical examination, a practical examination and/or background check of the applicant and any applicable Application Fee.

(b) Applications Deemed Active. Every application for a permit shall be deemed to remain active and shall be considered until the earliest of the following events:

(1) The applicant withdraws the application in writing;

(2) The applicant is determined to be ineligible for the permit by the SFMTA;

(3) The applicant receives a permit;

(4) The SFMTA determines that the applicant has engaged in fraud, misrepresentation or other serious misconduct in connection with the permit application process;

(5) The SFMTA attempts to contact the applicant at the mailing address listed on the application on at least two separate occasions and the applicant fails to respond within 30 calendar days of the second notice;

(6) The SFMTA has offered a Medallion for transfer to the applicant, in accordance with Section 1116, and the applicant fails to complete the transfer of the Medallion within the deadlines established by the Director of Transportation pursuant to Section 1116(g)(3). Applicants that fail to complete the transfer of the Medallion within the applicable deadlines will be moved to the end of the Waiting List; or

(7) The applicant has not completed the application process within 60 calendar days of initiating an application, or within such other time limit specified in this Article. Applicants that fail to complete the Medallion application process within the applicable deadlines will be moved to the end of the Waiting List.

(c) Requirements Applicable to Driver Permit Applications.

(1) Application Requirements. In addition to complying with all applicable requirements of this Section, each applicant for a Driver Permit shall:

(A) Provide his or her fingerprints; and

(B) Take and pass a written examination; and

(C) Demonstrate that he or she has successfully completed a Driver Training Course for new Drivers; and

(D) Provide photographs of the applicant, taken no more than 12 months prior to the time of application; and

(E) Submit to a drug test as required by the Taxi Driver Drug and Alcohol Testing Policy.

(F) As required by the Taxi Driver Drug and Alcohol Testing Policy, sign a written consent to allow the SFMTA to obtain information regarding the applicant’s drug and alcohol testing history for the previous two years; and .

(G) As required by the Taxi Driver Drug and Alcohol Testing Policy, disclose whether applicant has, within the prior two years, ever failed a pre-employment drug or alcohol test that resulted in the applicant not getting hired.

(2) Driver Qualifications. Each applicant for a Driver's Permit must:

(A) Be clean in dress and person;

(B) Be free of any disease, condition, infirmity, or addiction that might render the applicant unable to safely operate a motor vehicle or that otherwise poses a risk to public health and safety;

(C) Have a current California driver's license and have held a valid driver's license issued in the United States for one year immediately prior to the date of application;

(D) Have the physical capacity to operate a motor vehicle for at least four hours per day;

(E) Have no prior convictions of a crime that would, in the judgment of the SFMTA, present a risk to public safety if the permit is granted, including but not limited to convictions involving sexual assault, the use of a vehicle in the commission of a felony, fraud, violence against a person, reckless disregard for public safety, two or more recent convictions of drug-related offenses, or two or more recent convictions of driving under the influence, whether or not such convictions occurred while driving a Motor Vehicle for Hire. The SFMTA may, in its discretion, issue a permit notwithstanding prior convictions if, following review of an individual case, it determines that the applicant or Permit Holder does not pose a current risk to public safety;

(F) Have attained the age of 21;

(G) Speak; read and write the English language;

(H) Receive a negative test result on the pre-issuance drug test under the Taxi Driver Drug and Alcohol Testing Policy.

(I) Have not, within the past two years, failed a pre-employment drug or alcohol test that resulted in the applicant not getting hired.

(J) Have not, within the preceding twelve months, been denied a Driver permit for failure to comply with the requirements of subsection (H) or (I), above.

(3) Renewal of Driver's Permits.

(A) Drivers have an affirmative duty to report any criminal convictions that would be a basis for denying a permit pursuant to Section 1103(c)(2)(E). The SFMTA may refuse to renew a permit if the Permit Holder would not be eligible to receive a new permit pursuant to Section 1103(c)(2)(E).

(B) The SFMTA may require Drivers to successfully complete a Driver Training Course for current Drivers as a condition of renewal of their Driver Permits.

(C) Lapse of Active Permit Status; New Application. A Driver Permit Holder who fails to renew his or her Driver Permit within the deadline for renewal set by the SFMTA may renew his or her Driver Permit upon submission of a new Driver Permit application and completion of all requirements established by SFMTA for such late renewals.

(D) Every Driver must submit to a drug test as a condition of renewal of his or her A-Card as provided by the Taxi Driver Drug and Alcohol Testing Policy, and must receive a negative test result as a condition for renewal of the A-Card.

(d) Requirements Applicable to Medallion Applications.

(1) Waiting List. In the absence of any other preference specified in this Article, applicants for a Medallion, other than a Ramp Taxi Medallion, shall be processed and considered by the SFMTA in chronological order by the date that each complete Medallion application was received from a qualified applicant.The SFMTA may periodically require applicants to execute written statements to reaffirm their desire to keep their applications active.

(2) Applications by Business Entity. In addition to complying with all applicable requirements of this Section, each Business Entity applicant for a Medallion shall:

(A) Provide a Certificate of Good Standing from the California Secretary of State;

(B) Authorize, in writing, at least one of its officers, partners or owners to act on its behalf and to bind the Business Entity in dealings with third parties. The owner(s) or designated officers(s) or partner(s) shall complete and sign all application forms required of an individual applicant under this Section. The Business Entity’s representative shall, at all times, meet all of the requirements set by this Section; and

(C) If the Business Entity is a corporation, its application shall include a certified copy of its certificate of incorporation, a list of officers and shareholders holding at least 5% of the voting stock of the corporation, and certified copy of the minutes of the meeting(s) at which the current officers were elected.

(3) Applications by Joint Tenants. In addition to complying with all applicable requirements of this Section, two or more individuals applying jointly for a Medallion shall indicate on the application that they are applying “as joint tenants”.

(e) Reserved.

(f) Requirements Applicable To Dispatch Service Permit Applications.

(1) Dispatch Service Permit Transfers. Any transfer of a Dispatch Service permit must be approved in advance by the SFMTA. The Permit Holder shall give notice to the SFMTA of the intended transfer at least 30 calendar days prior to such transfer. Prior to approving a transfer of a Dispatch Service permit, the SFMTA shall conduct an investigation to ensure that the proposed transferee meets all requirements of this Article. For the purpose of this subsection, the transfer of a business means the transfer of 50% or more of an ownership interest in the business to a person or entity that did not already hold an ownership interest in the business as of September 17, 2013. In addition to any other documents establishing compliance with laws and regulations that the SFMTA may require as a condition of approval of the transfer, the parties to the transfer must provide:

(A) Proof of compliance with the requirements of this Article applicable to Dispatch Service Permit Holders, including all required insurance;

(B) A business license;

(C) A signed partnership agreement among multiple purchasers or documentation of current valid corporate status; and

(D) A signed lease establishing the buyer’s right of occupancy at a business premises.

(g) Requirements Applicable To Color Scheme Permit Applications.

(1) Color Scheme Permit Transfers. Any transfer of a Color Scheme permit must be approved in advance by the SFMTA. Prior to approving a transfer of a Color Scheme Permit, the SFMTA shall conduct an investigation to ensure that the proposed transferee meets all requirements of this Article. For the purpose of this subsection, the transfer of a business means the transfer of 50% or more of an ownership interest in the business to a person or entity that did not already hold an ownership interest in the business as of June 19, 2009. In addition to any other documents establishing compliance with laws and regulations that the SFMTA may require as a condition of approval of the transfer, the parties to the transfer must provide:

(A) Proof of all required insurance,

(B) A business license,

(C) Any signed partnership agreement among multiple purchasers or documentation of current valid corporate status,

(D) A signed lease establishing the buyer’s right of occupancy at a business premises,

(E) A signed agreement with a permitted dispatch service, and

(F) A schedule of gate fees.

(2) Permit Renewal Requirements. No Color Scheme Permit shall be renewed unless the Permit Holder files the following documents by May 1 of each year:

(A) Current San Francisco business license;

(B) Completed designated manager form(s);

(C) Current list of all affiliated Drivers, Medallion Holders and type of Lease for each;

(D) Insurance certificates demonstrating compliance with the insurance requirements of this Article for every vehicle and Medallion affiliated with the Color Scheme;

(E) Copy of company drug-free workplace policy;

(F) Sworn statement attesting to compliance with this Article and applicable state and federal laws.

(h) Moratorium on Issuance of Permits. The Director of Transportation may impose a moratorium on the issuance of new Color Scheme Permits or Dispatch Service Permits upon his or her determination that the issuance of such permits will not serve the public interest. The Director of Transportation shall notify the Board of Directors immediately upon making such a determination. The notification, which shall be posted in accordance with Section 1123(a), shall include the reasons for the Director’s determination that issuance of new permits will not serve the public interest, and the expected duration of the moratorium. In no event shall such a moratorium last for more than a year without the approval of the Board of Directors.

(SFMTA Bd. Res. No. 09-23, 2/23/2009; SFMTA Bd. Res. No. 09-077, 5/19/2009; SFMTA Bd. Res. No. 09-183, 10/20/2009; SFMTA Bd. Res. No. 10-029, 2/26/2010; SFMTA Bd. Res. No. 10-055, 4/20/2010; SFMTA Bd. Res. No. 10-066, 5/4/2010; SFMTA Bd. Res. No. 11-017, 2/1/2011; SFMTA Bd. Res. No. , Ad. 12/6/2011, Eff. 1/6/2012; SFMTA Bd. Res. No. , Ad. 8/21/2012, Eff. 9/21/2012; SFMTA Bd. Res. No. , Ad. 6/18/2013, Eff.7/19/2013; SFMTA Bd. Res. No. , Ad. 8/20/2013, Eff. 9/19/2013; SFMTA Bd. Res. No. , Ad. 9/17/2013, Eff. 10/17/2013; SFMTA Bd. Res. No. , Ad. 1/7/2014, Eff. 2/7/2014; SFMTA Bd. Res. No. , Ad. 3/3/2015, Eff. 4/2/2015; SFMTA Bd. Res. No. , Ad. 1020/2015, Eff. 11/20/2015; SFMTA Bd. Res. No. , Ad. 11/17/2015, Eff. 12/18/2015; SFMTA Bd. Res. No. , Ad. 1/3/2017, Eff. 2/3/2017; SFMTA Bd. Res. No. , Ad. 4/4/2017, Eff. 5/5/2017; SFMTA Bd. Res. No. , Ad. 10/17/2017, Eff. 11/17/2017; SFMTA Bd. Res. No. , Ad. 10/16/2018, Eff. 11/16/2018)