§ 160A-304. Regulation of taxis.
§ 160A‑304. Regulation of taxis.
(a) A city may by ordinance license and regulate all vehiclesoperated for hire in the city. The ordinance may require that the drivers andoperators of taxicabs engaged in the business of transporting passengers forhire over the public streets shall obtain a license or permit from the city;provided, however, that the license or permit fee for taxicab drivers shall notexceed fifteen dollars ($15.00). As a condition of licensure, the city mayrequire an applicant for licensure to pass a controlled substance examination.The ordinances may also specify the types of taxicab services that are legal inthe municipality; provided, that in all cases shared‑ride services aswell as exclusive‑ride services shall be legal. Shared‑ride serviceis defined as a taxi service in which two or more persons with either differentorigins or with different destinations, or both, occupy a taxicab at one time.Exclusive‑ride service is defined as a taxi service in which the firstpassenger or party requests exclusive use of the taxicab. In the event theapplicant is to be subjected to a national criminal history background check,the ordinance shall specifically authorize the use of FBI records. Theordinance shall require any applicant who is subjected to a national criminalhistory background check to be fingerprinted.
The Department of Justice may provide a criminal record check to thecity for a person who has applied for a license or permit through the city. Thecity shall provide to the Department of Justice, along with the request, thefingerprints of the applicant, any additional information required by theDepartment of Justice, and a form signed by the applicant consenting to thecheck of the criminal record and to the use of the fingerprints and otheridentifying information required by the State or national repositories. Theapplicant's fingerprints shall be forwarded to the State Bureau ofInvestigation for a search of the State's criminal history record file, and theState Bureau of Investigation shall forward a set of the fingerprints to theFederal Bureau of Investigation for a national criminal history check. The cityshall keep all information pursuant to this subsection privileged, inaccordance with applicable State law and federal guidelines, and theinformation shall be confidential and shall not be a public record underChapter 132 of the General Statutes.
The Department of Justice may charge each applicant a fee forconducting the checks of criminal history records authorized by thissubsection.
The following factors shall be deemed sufficient grounds for refusingto issue a permit or for revoking a permit already issued:
(1) Conviction of a felony against this State, or conviction ofany offense against another state which would have been a felony if committedin this State;
(2) Violation of any federal or State law relating to the use,possession, or sale of alcoholic beverages or narcotic or barbiturate drugs;
(3) Addiction to or habitual use of alcoholic beverages ornarcotic or barbiturate drugs;
(4) Violation of any federal or State law relating toprostitution;
(5) Noncitizenship in the United States;
(6) Habitual violation of traffic laws or ordinances.
The ordinance may also require operators and driversof taxicabs to display prominently in each taxicab, so as to be visible to thepassengers, the city taxi permit, the schedule of fares, a photograph of thedriver, and any other identifying matter that the council may deem proper andadvisable. The ordinance may also establish rates that may be charged bytaxicab operators, may limit the number of taxis that may operate in the city,and may grant franchises to taxicab operators on any terms that the council maydeem advisable.
(b) When a city ordinance grants a taxi franchise for operationof a stated number of taxis within the city, the holder of the franchise shallreport at least quarterly to the council the average number of taxis actuallyin operation during the preceding quarter. The council may amend a taxi franchiseto reduce the number of authorized vehicles by the average number not in actualoperation during the preceding quarter, and may transfer the unused allotmentto another franchised operator. Such amendments of taxi franchises shall not besubject to G.S. 160A‑76. Allotments of taxis among franchised operatorsmay be transferred only by the city council, and it shall be unlawful for anyfranchised operator to sell, assign, or otherwise transfer allotments under ataxi franchise. (1943, c. 639, s. 1; 1945,c. 564, s. 2; 1971, c. 698, s. 1; 1981, c. 412, s. 4; c. 606, s. 5; c. 747, s.66; 1987, c. 777, s. 7; 2002‑147, s. 14; 2003‑65, s. 1.)