SCC NO. The Board of Supervisors of the County of Sacramento, State of California,

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1 SCC NO. AN ORDINANCE REPEALING AND REENACTING CHAPTER OF TITLE 11 OF THE SACRAMENTO COUNTY CODE RELATING TO GROUND TRANSPORTATION REGULATIONS AND FEES AT SACRAMENTO INTERNATIONAL AIRPORT The Board of Supervisors of the County of Sacramento, State of California, ordains as follows: SECTION 1. Chapter of Title 11 of the Sacramento County Code is hereby repealed in its entirety and reenacted as follows: Title. This Chapter shall be known and cited as Ground Transportation Regulations and Fees of Sacramento International Airport Purposes. This County owns, operates and maintains Sacramento International Airport (Airport) for the use and benefit of the public. Airport premises have been carefully developed for safe, comfortable, and convenient public usage. The County wishes to: A. Provide for the safe and efficient use of Airport roadways and other Airport ground transportation facilities. B. Improve the quality of commercial ground transportation services available on the Airport. C. Encourage ground transportation providers and members of the public, including airline passengers, visitors, and employees, to use efficient Airport access modes which contribute to improved Airport traffic operations and improved regional air quality. D. Assure that members of the public can select from a range of commercial transportation services available at various costs and levels of convenience. E. Provide partial recovery of Airport roadway operational, maintenance and capital improvement costs incurred by the County. Pursuant to Sacramento County Ordinance , the County has reserved plenary authority to regulate the use of the streets and roads of the Airport, including, but not limited to, prohibiting use by designated providers and drivers for specified purposes. Although publicly operated transit service is available between the Airport and selected locations within Sacramento County and beyond, many members of the public not using their own vehicles remain entirely dependent upon private providers of commercial ground transportation services for transportation to and from the Airport. Not all private providers of ground transportation have the financial resources needed to maintain the desired level of customer service, operate well-maintained and properly insured vehicles, and ensure that their employees and representatives are properly trained and supervised. -1-

2 The Airport's high volume of airline passenger traffic attracts a large number of ground transportation service providers. The County has found that in the absence of regulation, some of these service providers operate in a manner that results in congestion and disorder upon Airport premises, unacceptable levels of safety and customer service, and a potentially negative effect on air quality. The Board of Supervisors has found it necessary to regulate the manner in which commercial ground transportation is provided on the Airport premises to assure that (a) members of the public are offered commercial ground transportation service operated in a safe and efficient manner, (b) members of the public can select from a variety of transportation services to regional destinations, and (c) service providers operate in a manner which enhances regional air quality. Regulatory controls as set forth in this Chapter, and in rules and regulations adopted pursuant to this Chapter, establish a minimum level of acceptable commercial ground transportation service for the safety and well-being of the users of these Airport ground transportation services and the region as a whole. Finally, because it is the policy of the County that the cost of operating, maintaining and developing the Airport be paid solely from Airport System revenues, it is necessary for the County to employ regulatory controls in order to ensure that the Airport remains financially self-supporting. In furtherance of this policy, and in accordance with the authority and responsibilities conferred upon the County by State and Federal law, this Chapter provides legal authority for the establishment of fees with periodic adjustments for ground transportation service providers who derive business opportunities or commercial benefit from the Airport. This Chapter also authorizes the Director of Airports (Director) to allocate definitive loading and unloading areas for certain categories or subcategories of ground transportation services, thereby facilitating safe and efficient ground transportation throughout the Airport and creating effective enforcement of the same. The separation of ground transportation services into different categories or sub-categories is based on a combination of the evaluation of the differences in operation by ground transportation services providers, the services actually provided, and the impact of these services upon the facilities, costs, or revenue of the Airport. It is the intent of the Board of Supervisors to bring within the scope of this Chapter all ground transportation service providers and drivers who access the Airport and derive business opportunities or commercial benefit from the Airport. This Chapter includes those ground transportation providers who contract with the County regarding the provision of these services except to the extent that a subject contract expressly excludes the ground transportation services being provided from the requirements of this Chapter Only by doing so can the Board of Supervisors be assured that it has taken the measures necessary to accomplish the purposes of this Chapter Definitions. As used in this Chapter and notwithstanding the provisions of Section , the terms identified in this Section shall be ascribed the meanings indicated. A. Airport. Airport means the Sacramento International Airport as currently named or such successor name as may formally be ascribed to that County facility by the Sacramento County Board of Supervisors. -2-

3 B. Airport Ground Transportation Permittee Trip Use Fees. Airport ground transportation permittee trip use fees means all fees and charges authorized pursuant to this Chapter. The term trip fees as stated in this Chapter, shall refer to this definition unless otherwise indicated. C. Airport Premises. Airport premises means the entire Airport property including all public roadways, commercial vehicle hold areas, parking lots, terminal building curbside areas and any other areas within Airport control. D. Director. Director means the Director of the Sacramento County Airport System or his/her designee. E. Ground Transportation Area. Ground transportation area means those areas on the Airport premises identified by the Director for the holding, staging or waiting of ground transportation vehicles, the loading and unloading of passengers and baggage, designated ground transportation vehicle travel routes, vehicle inspection and clearance, or other ground transportation purposes as deemed necessary or appropriate by the Director. F. Ground Transportation Driver. Ground transportation driver means any person driving a ground transportation vehicle, whether independently or for a ground transportation service provider. The term driver as stated in this Chapter, shall refer to this definition unless otherwise indicated. G. Ground Transportation Permit. Ground transportation permit shall mean any permit issued by the Director and required by this Chapter to operate a ground transportation vehicle upon the Airport premises in the course of providing ground transportation services. The term permit as stated in this Chapter, shall refer to this definition unless otherwise indicated. H. Ground Transportation Permittee. Ground transportation permittee means a ground transportation service provider holding a current and valid ground transportation permit. The term permittee as stated in this Chapter shall refer to this definition unless otherwise indicated. I. Ground Transportation Service. Ground transportation service means any phase of transporting one or more persons or property on the Airport premises for direct or indirect commercial gain, including without limitation: (a) the solicitation of business for the purpose of transporting persons or property by motor vehicle(s); (b) the actual transporting of persons or property by means of such vehicle(s); and (c) any other activity which directly or indirectly relates to the transporting of persons or property on Airport premises by means of such vehicle(s). The categories of ground transportation services are: 1. Category 1 - Taxicab Services. Taxicab services means those ground transportation services provided by those motor vehicles identified in Section 4.14 Title 4 of the Code, as said Section may be amended from time to time. 2. Category 2 - Transportation Charter Party (TCP). Transportation charter party means those carriers defined by California Public Utilities Commission (CPUC) General Order 157-C, including limousines, vans, SUVs and buses. A transportation charter party carrier operates on a prearranged basis with -3-

4 the party arranging the transportation and fares are charged on a vehicle mileage or time basis, not on an individual basis. 3. Category 3 - Scheduled or On-call Van Services/Passenger Stage Corporation (PSC) Service. Scheduled or On-call Van Services/Passenger Stage Corporation (PSC) Service means a ground transportation service provided by a passenger stage corporation as set forth in Section 226 of the California Public Utilities Code, as that Section may be amended from time to time, where the fares are based on the Public Utilities Commission Certificate of Public Necessity tariff. 4. Category 4 - Courtesy Vehicles. Courtesy vehicles means those ground transportation services that are provided by one or more businesses that arrange for transportation which is only incidental to the business entities primary business or activities or is provided for the exclusive use of the officers, agents, employees, customers or invitees of the business. 5. Category 5 - Nonprofit Services. Nonprofit services means those ground transportation services provided by notfor-profit institutions including schools, universities, military units, or charities and publicly-operated transit services. 6. Category 6 - Flight Crew Transport Services. Flight Crew Transport Services means those services which include charter party carriers or hotel/motel services that have agreements with commercial air carriers to provide flight crews ground transportation between the airport and local hotels. 7. Category 7 - Courier/Package Services. Courier package services means those private businesses transporting documents, property, parcels, or baggage from one person or business to another for profit, using ground delivery vehicles on the airport premises. 8. Category 8 - Off-Airport Parking. Off-Airport Parking means those ground transportation services provided to and from the Airport premises by providers of off-airport premises parking for their customers. 9. Category 9 - Miscellaneous Services. Miscellaneous services means ground transportation services not described in the other categories of Chapter of the Code where Airport roadways are used in part in the provision of these services. J. Ground Transportation Service Provider. A ground transportation service provider means an entity or person which provides ground transportation services to the airport. A provider may also be, but does not have to be, a ground transportation driver. K. Ground Transportation Vehicle. A ground transportation vehicle means every vehicle used by a ground transportation provider or a ground transportation driver to provide ground transportation services in a category defined in Section The categories of ground transportation vehicles are defined as follows: 1. Type I vehicle means a ground transportation vehicle capable of transporting fewer than 6 passengers (excluding the driver) in a standard configuration. 2. Type II vehicle means a ground transportation vehicle capable of transporting between 6 and11 passengers (excluding the driver) in a standard configuration. -4-

5 3. Type III vehicle means a ground transportation vehicle capable of transporting between 12 and 24 passengers (excluding the driver) in a standard configuration. 4. Type IV vehicle means a ground transportation vehicle capable of transporting more than 24 passengers (excluding the driver) in a standard configuration. L. Prearranged. Prearranged means the providing for hire of commercial ground transportation from the Airport where such transportation was contracted or arranged for, by or on behalf of the hirer or passenger in advance of the hirers or passengers arrival at the Airport or upon or after his or her arrival at the Airport by telephoning or communicating in some fashion other than a first person conversation, with a ground transportation service provider whose principal place of business is situated off Airport premises. M. Transponder. Transponder means a roadway access device designated by the Director, such as an automated vehicle identification (AVI) transponder, for installation in every permitted vehicle for the purpose of tracking Airport ground transportation service Administration. Except as otherwise provided, the Director is charged with the responsibility of administering the provisions of this Chapter, and shall be authorized from time to time to promulgate and enforce such rules and regulations consistent with the purposes, intent, and express terms of this Chapter as he or she deems necessary to implement such purposes, intent and express terms. Such rules and regulations may include, but are not limited to, the following: A. Conditions whereby ground transportation providers, drivers, and vehicles may have access to the Airport; B. Regulations regarding the conduct, appearance and activities of ground transportation providers and drivers and other persons associated with ground transportation services; C. Regulations regarding the mechanical condition, age, and appearance of ground transportation vehicles. D. Regulations establishing operating procedures, including separate loading and unloading zones, routes, schedules or other activities for different categories and sub-categories of ground transportation services; E. Regulations necessary and appropriate to ensure the safe, efficient, and expeditious provision of ground transportation services on the premises of the Airport; and F. Regulations setting and adjusting ground transportation fees based upon the costs incurred by the Airport under this Chapter Notices. Any written notice or other writing authorized or required by this Chapter shall be deemed served and effective for all purposes on the date when it is either personally delivered to the party to whom it is directed or within 5 days from the date the notice is deposited in the United States mail, postage prepaid, and addressed to the party to whom it is directed. When under the provisions of this Chapter any notice or other writing is authorized or required to be filed, it shall not be deemed to have been filed until it is received in the office of the official with whom filing is required. -5-

6 Hearing Authority. Hearing Authority shall mean a person assigned by the County Executive with the responsibility of conducting a hearing regarding violations of this Chapter. The County Executive shall be authorized to assign hearing responsibilities from time to time to either: A. County management personnel who the County Executive finds are qualified by training and experience to conduct such hearing; B. Any attorney who the County may employ for the purpose of conducting administrative hearings; C. Attorneys engaged in practice within the Sacramento Community who are retained by contract to conduct such hearing; or D. Administrative Law Judges assigned to the State of California Office of Administrative Hearings. The County Executive is hereby authorized to contract in the name of the County for the retention of hearing services either by attorneys engaged in private practice or the Office of Administrative Hearings at rates which do not exceed those payable by the County for the legal defense of tort liability claims within financial limitations established by the County s annual budget. Any process for retaining private attorneys to provide hearing services shall, prior to solicitation for contacts, be approved by the County Counsel Consequence of Violations. Except as otherwise specifically provided in this Chapter or in the rules and regulations in support of this Chapter, pursuant to the provisions of Government Code Section 25132, violations of any of the provisions contained in this Chapter or the rules and regulations in support of this Chapter shall constitute an infraction subject to a fine or fines or suspension or revocation of ground transportation service privileges as detailed in the Sacramento County Airport System Ground Transportation Rules and Regulations, as may be amended from time to time by the Director. Violations of any of the provisions, or the rules and regulations in support of this Chapter shall be enforced after verbal or written notice by an enforcing official advising of the violation and ordering a cessation thereof. Where applicable, violation shall, pursuant to the provisions of Section contained in Title 1 of this Code, constitute a misdemeanor. As used in this paragraph, an enforcing official includes the Director and the Sheriff Nature of Enforcement Actions. Any action or proceeding commenced or continued by the Director or the Sheriff of the County against a driver or provider for violations of this Chapter, or any regulations or rules adopted by the Director pursuant to this Chapter, shall be deemed actions or proceedings to enforce the policy or regulatory power of the County Continuing Violations--Additional Offenses. Every driver or provider violating the provisions of this Chapter, or any rules or regulations adopted by the Director pursuant to this Chapter, is guilty of a separate and further violation for each day, or any portion thereof, a violation continues. -6-

7 Injunctive Relief. In addition to the penalties set forth in Sections through , any violation of the provisions of this Chapter, or any violation of the rules or regulations adopted by the Director pursuant to this Chapter, may be remedied by injunction or other civil proceedings commenced in the name of the County by the County Counsel pursuant to direction by the Director Prohibition--Ground Transportation Service Provider. Unless otherwise exempted under this Chapter, It shall be unlawful for any ground transportation provider to authorize, direct, or otherwise allow any driver without a duly authorized permit pursuant to this Chapter to provide any ground transportation service upon the Airport premises, or to authorize, direct, or otherwise allow any vehicle without a duly authorized permit pursuant to this Chapter to be operated upon Airport premises for the purpose of conducting a ground transportation service Prohibition--Ground Transportation Drivers. Unless otherwise exempted under this Chapter, it shall be unlawful for any ground transportation driver to provide any ground transportation service upon the Airport premises without a duly authorized permit pursuant to this Chapter, or to operate any vehicle which lacks a duly authorized permit pursuant to this Chapter for the purpose of conducting ground transportation services upon the Airport premises Prohibition--Ground Transportation Vehicles. Unless otherwise exempted under this Chapter, it shall be unlawful for any driver or provider who is not the holder of a valid ground transportation permit as required and issued pursuant to this Chapter, to cause a vehicle without a transponder to be operated on Airport premises for use in the conduct of ground transportation service Prohibition--Trip Fees. Unless otherwise exempted under this Chapter, it shall be unlawful for any driver or provider to engage in or attempt to engage in ground transportation services without paying the Airport trip fees when due as required by this Section Prohibition--Administrative Rules and Regulations. It shall be unlawful for any driver or provider to violate, or to cause another provider, or driver, to violate, any rule or regulation promulgated by the Director pursuant to Section of this Chapter Category of Permit--Prohibitions. A. Ground transportation permits shall limit the ground transportation service authorized by such permit to the activities specified for a particular category of ground transportation service as such category is established in Section B. It shall be unlawful for any person to conduct ground transportation services on the Airport in a category of ground transportation service that is not authorized under the ground transportation permit issued to that provider or driver Fees. -7-

8 All ground transportation permittees shall pay fees as may be established by resolution of the Board of Supervisors and as such fees may be amended from time to time. Such fees may include, but are not limited to, administration fees for issuance and renewal of ground transportation permits and transponders, and administrative fees for filing of appeals relating to the denial of such permits or the revocation thereof. Pursuant to Sacramento County Code Section , the Director may, if authorized by resolution of the Board of Supervisors, amend fees within the parameters specified by the resolution approving such amendments, or by later resolution. The following categories of ground transportation fees may include, but are not limited to, the following: A. A permit application fee charged by the Airport to process a permit application and to maintain a file for the ground transportation service permittee. This shall be known as an administrative fee. B. A monthly payment to the Airport for the use of airport premises, either in the form of a trip fee for any and all entrances and exits to conduct business at the Airport, or other permit fee. C. An administrative fee for the filing of an appeal relating to the denial or revocation of a ground transportation permit or other issues involving ground transportation. D. The actual cost of replacement of lost, stolen or damaged transponders. E. A decal or hang tag fee if applicable. All fees for the issuance and renewal of permits shall be paid concurrently with the filing of the application. All per trip fees shall be invoiced and paid monthly. All fees for the filing of appeals shall be paid at the time of and with the filing of the appeal. No application or request for approval or appeal shall be deemed valid or complete until all prescribed fees have been paid and all transponders have been installed Limitations of Restrictions on Permits. Whenever the Sacramento County Board of Supervisors, by resolution, establishes a fixed number for, or other limit or restriction on ground transportation businesses, drivers, or vehicles in any particular category, sub-category, route, or schedule; then, the Director shall not issue permits in excess of, or in conflict with, the fixed number or other limit or restriction. Such limited or restricted permits shall be awarded in a manner specified in such limiting or restricting resolution Designation of Ground Transportation Areas. A. In furtherance of the purposes of this Chapter, the Director shall designate the location and capacity of ground transportation holding and staging areas, the location and number of passengers and baggage loading and unloading areas, and the routes to be taken by ground transportation vehicles upon Airport premises. Public safety, including the safe, orderly, efficient flow of pedestrian and vehicular traffic, and public convenience shall be principal considerations in the designation of these areas and routes. B. The Director is authorized to designate different areas for different kinds or categories of ground transportation providers, drivers and services. Such differences in designation may be based upon factors which may advance the purposes of this Chapter, including such operational and environmental factors as follows: (1) differing operating restrictions: (2) differing vehicle sizes or passenger loads; (3) differing -8-

9 methods of acquiring passengers (including whether by advance appointments, other advance arrangements, standing and waiting on Airport premises, or as ancillary customer services provided in conjunction with other businesses such as hotel, motel, or rental car businesses); (4) differing kinds and levels of service (including differences in frequency, routing, and market area); (5) differing contractual commitments given the County by providers of ground transportation services at the Airport; and (6) differing safety, security and environmental impacts with preferences for low, ultra-low or zero emission level vehicles and vehicles complying with monitored, and documented safety practices. C. It shall be unlawful for a provider or driver to provide any ground transportation services using loading or unloading area(s) or roadway(s) on Airport premises other than the one(s) designated by the Director for the ground transportation service being provided by that provider, or driver. D. Ground transportation areas may require modification or relocation without notice based on Federal Security threat levels or due to other safety or security requirements Procedure for Operation of Ground Transportation--Vehicles on Airport Premises. The driver of a ground transportation vehicle shall proceed in his or her vehicle in the manner prescribed by the rules and regulations promulgated by the Director pursuant to this Chapter upon each occasion that he or she is upon Airport premises for the purpose of conducting ground transportation services Inspection. The Director or his or her designee or the Sheriff may inspect any ground transportation vehicle operating upon Airport premises at anytime for the purpose of determining whether such vehicle is in compliance with the provisions of this Chapter and the rules and regulations of the Airport and all applicable local, state, and federal regulations. Such inspection shall not constitute any warrantee of the vehicle s safety for general transportation purposes Ground Transportation Permit Requirements. A. Except as otherwise excluded under this Chapter, all ground transportation services within any of the following categories shall require a ground transportation permit: 1. Category 1 - Taxicab services. 2. Category 2 - Transportation Charter Party (TCP) Carriers, including limousines, SUVs, vans, and buses.. 3. Category 3 - Scheduled or on-call Van Services/Passenger Stage Corporation (PSC) services. 4. Category 4 - Courtesy vehicles. 5. Category 5 - Nonprofit services. 6. Category 6 - Flight crew transport services. 7. Category 7 - Courier/package service providers. 8. Category 8 - Off-airport parking. 9. Category 9 - Miscellaneous services. -9-

10 B. The following providers are exempt from obtaining ground transportation permits: 1. Public Transit. 2. Government owned or operated ground transportation vehicles Terms of Permit. Upon initial issuance, the term of a ground transportation permit will be valid for a period of one (1) year from the date of issuance. The Director may prescribe staggered ground transportation permit terms to aid in the administration of this division Transferability. No ground transportation permit or transponder shall be transferable or assignable from one vehicle to another Change of Control. During the term of a permit, the holder of the permit shall file in writing with the Director notice of each: (1) addition or deletion of a general or limited partner, when the holder is a partnership; (2) addition or deletion of a joint venturer, when the holder is a joint venture; (3) change of proprietor, when the holder is a sole proprietorship; (4) transfer of more than one-half of one percent of the voting shares of stock, when the holder is a corporation; (5) change of directors, when the holder is either a commercial or nonprofit corporation; (6) change of ownership in management committee composed of persons holding ownership interests, when the holder is a partnership or joint venture; (7) change in membership of a governing body or other board or committee to which management is entrusted, when the holder is an unincorporated association; and (8) change in president or general manager, vice president or chief assistant manager, secretary and treasurer, or any officer with equivalent or similar authority. The holder of a permit shall provide in writing such detailed information respecting any such change as the Director may require. A termination of the permit shall be deemed to have occurred whenever the Director determines that effective management or control of the holder has been transferred to another person Indemnification of County. The holder of a ground transportation permit and roadway access transponder shall defend, indemnify, and hold harmless County, its Board of Supervisors, officers, directors, agents, employees and volunteers from and against any and all demand, claims actions, liabilities, losses, damages, and cost, including reasonable attorney s fees, arising out of or resulting from the performance of transportation services on or related to the Airport, regardless of whether caused in part by a party indemnified hereunder Insurance. The holder of a ground transportation permit shall at all times during the term thereof maintain in full force and effect, at no cost to the County of Sacramento, comprehensive form automobile liability insurance and workers compensation insurance where applicable, as determined in an amount by the County Risk Management Office and detailed in the Sacramento County Airport System Ground Transportation Rules -10-

11 and Regulations, or other increased limit as may be required by the California Public Utilities Commission for those ground transportation permit holders over which that Commission has regulatory control. Each such policy of insurance shall be issued by an admitted insurer or insurers as defined by the California Insurance Code or by an insurer of insurers expressly approved in writing by the County Risk Manager Permit Application. Each application may contain, but shall not be limited to, the following: A. The name, business address, and telephone number of the applicant; the name and address of each person who is registered owner, possessor of a leasehold interest, or possessor of any other ownership or security interests in each such vehicle. B. For each vehicle to be permitted, the vehicle identification number, model, year, make, number of passenger seats, license plate number, color, vehicle registration and VIN number must be provided. C. For each provider Driver Roster, each person authorized by the applicant to operate a vehicle on its behalf. Each driver shall be listed by full name and any other aka s. A copy of a current California driver s license shall be provided and continuously maintained for each driver listed. D. For each provider, vehicle and driver, as requested, certificates of insurance establishing the existence of the insurance required by Section and establishing the identity of the insurer(s) and insureds. E. For each provider, vehicle and driver, the name, trademark, or other designation of a commercial business entity that is to be displayed on the vehicle. It shall be a presumption that a ground transportation vehicle bearing the name, trademark, or designation of a commercial business entity is controlled by that business entity. F. Such other information or documentation as the Director may require to establish that the applicant is in full compliance with the requirements of this Chapter and any rules and regulations adopted pursuant to this Chapter Processing and Issuance. The Director shall act upon an application for a ground transportation permit or an application for renewal of an existing permit not later than sixty (60) days after the date the valid application is filed unless the applicant has filed with the Director written notice of a request for an extension of time in order to make the corrections necessary to comply with the requirements for the permit or license. The Director may, pursuant to such a notice request, extend the time for such a period as the Director deems reasonable and appropriate. If the Director does not issue a permit after 60 days or any during any additional extension of time, the application shall be deemed denied Investigation of Application Information. The Director may conduct an investigation into the information supplied by an applicant for a ground transportation permit or renewal of a ground transportation permit, as is necessary to establish the completeness and verify the accuracy of the information supplied by the applicant, as well as ascertaining any additional information the Director deems relevant to the general suitability of the applicant for receipt of a ground transportation permit. -11-

12 Application for Renewal of Permit. A permittee seeking to renew their permit shall fully and properly complete an application for renewal and, with said application provide the information required by Section The application for renewal of a ground transportation permit shall be filed with the Director not later than forty-five (45) days prior to the expiration of the immediately preceding permit Grounds and Method of Denial. A. The Director may deny an application, or a renewal application for a ground transportation permit, as well as prohibiting provision of ground transportation services on the Airport premises by a specific provider, vehicle or driver on the following basis: 1. The Director finds that the provider failed to provide all information in his or her permit application or application for renewal of permit that is required by this Chapter or has violated any rule or regulations promulgated pursuant to this Chapter; 2. The Director finds that any of the statements made in the permit application or application for renewal of permit, or any other representations made to Airport personnel are inaccurate; 3. The Director finds that a provider or driver has been convicted of a crime and the time for appeal has elapsed, or when an order granting probation is made suspending the imposition of sentence, irrespective of the entry of a subsequent order under California Penal Code section ; 4. The Director finds that a provider or driver may threaten the safety, security and efficient operations of the Airport; 5. The Director finds that the provider or driver or one of its officers, employees, or agents, has engaged in past conduct that would be grounds for suspension or revocation of a ground transportation permit under Section of this Chapter; 6. If an application for renewal of a permit, the Director finds that during the term of a prior ground transportation permit, the applicant violated any applicable term, condition or requirement imposed by this Chapter or any regulation promulgated pursuant to this Chapter. B. Notwithstanding Section (A), an application shall not be denied on the basis that a driver has been convicted of a felony if the driver has obtained a certificate of rehabilitation under California Penal Code section et seq., or that the driver has been convicted of a misdemeanor if the driver has met all applicable requirements of the criteria developed to evaluate the rehabilitation of a driver under California Penal Code section et seq., as long as the provider, driver or permittee is in compliance with this Chapter. C. If an application for a ground transportation permit or an application for renewal does not show on its face a basis for denial, the Director may, in his or her sole discretion, issue a Temporary Ground Transportation Permit for a period not to exceed ninety (90) days, pending processing and investigation of the permit application or applications for renewal, and final determination thereof. A Temporary Ground Transportation Permit shall expire on either the date of expiration of its term, the date of issuance of a regular permit, or the date of service of notice that the permit application or the application for renewal of a permit has been denied. While in effect, a Temporary Ground Transportation Permit shall otherwise be accorded the same status as a regular -12-

13 ground transportation permit and all requirements for continued use of a regular ground transportation permit shall apply. D. A denial of a permit application or an application for renewal of a ground transportation permit shall be in writing, with reason(s) stated therefore. Written notice of the denial, together with a copy of the provisions of this Chapter, shall be served upon the driver and provider, where applicable, pursuant to the provisions of Section Appeal. Any provider or driver providing or seeking to provide ground transportation service using in part the roadways of the Airport in the provision of that ground transportation service who has been denied either a ground transportation permit, renewal of a ground transportation permit, or access to the Airport for ground transportation service purposes may file an appeal challenging that denial. Any such appeal filed by such provider, or driver, hereunder appellant, shall be in writing, and shall be filed with the Director not later than fifteen (15) days after the date of service by the Director of the notice of the denial. If an appeal is not filed within the time or in the manner prescribed above, the right to a review of the action against which complaint is made shall be deemed to have been waived. If the appellant files a written request for a hearing with the Director, the appellant must file with that request a written answer under oath or affirmation, which specifically admits or denies specifically each allegation and each supporting fact contained in the notification letter. A general denial is not sufficient to controvert a specific allegation. If the appellant is without knowledge, he or she shall so state and the statement shall operate as a denial. The answer shall also state any additional facts and information that the appellant desires to have considered in explanation of mitigation of allegations in the notification letter. The failure to specifically deny or explain or deny knowledge or supporting fact shall be deemed an admission that the allegations or fact is true. If the appellant does not want to exercise his or her right to a hearing, but does want to submit an answer to the allegations in the notification letter, the appellant may do so by filing with the Director a written answer in accordance with the foregoing requirements. In such event, the Director may make any determination, without any requirement for a further hearing, with respect to the appeal. Where the appellant requests a hearing, a hearing on such appeal shall be conducted by the Hearing Authority as specified in Section Appeal Hearing. A. Not later than thirty (30) days following the date of filing an appeal within the time and in the manner prescribed by Section or , the Hearing Authority shall, where appellant has requested a hearing, conduct a hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date and place of the hearing shall be served upon the appellant not later than ten (10) days preceding the date of the hearing. B. During the hearing, the burden of proof shall rest with the Director. The provisions of the California Administrative Procedure Act (commencing at Section of the Government Code) shall not be applicable to such hearings. C. Oral evidence at the hearing shall be taken only on oath or affirmation. Each party shall have these rights: to call and examine witnesses; to introduce exhibits; -13-

14 to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. D. The hearing need not be conducted according to the technical rules relating to evidence or witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used to supplement or explain other evidence but shall not be sufficient by itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by status to be recognized at the hearing. Irrelevant and unduly repetitious evidence shall be excluded. E. Following the hearing, the Hearing Authority shall prepare and submit a written decision to the parties to the hearing. This decision shall contain and be limited to specific factual findings relating to the facts alleged in the action taken by the Director that served as the basis for the appeal and any facts asserted by the appellant for purposes of defense or mitigation; a determination of legal issues, if any; and a determination of whether the Director has good cause to take the action that served as the basis for the appeal. Good cause is defined as any facts which, based on relevant circumstances, may be reasonably relied on by the Director in the exercise of reasonable discretion as a basis for the action taken by the Director. Upon this determination, the Hearing Authority shall prepare a written decision that either denies or grants the appeal, and contains findings of fact and conclusions. Unless the parties to the appeal agree to a different time frame, the written decision of the Hearing Authority shall be submitted to the parties within thirty (30) calendar days following the end of the hearing. F. If good cause is found for the action taken by the Director, the Hearing Authority shall not modify the action imposed by the Director unless the Hearing Authority determines that the action taken by the Director constitutes an abuse of discretion. G. Notice of the written decision, including a copy thereof, shall be filed with the Director and served upon the appellant not later than seven (7) business days following the date on which the hearing is closed. H. The decision of the Hearing Authority shall be final on the date the decision is filed with the Director. I. The decision of the Hearing Authority shall be the final administrative remedy. J. The final decision shall be subject to judicial review pursuant to California Code of Civil Procedure section The provisions of the Code of Civil Procedure section and the implementing provisions of Sacramento County Code Chapter 1.06 shall have application to the decision of the Hearing Authority Grounds for Fine, Suspension or Revocation. Any ground transportation permittee may be fined and any ground transportation permit issued pursuant to this Chapter may be suspended or revoked during its term if the Director finds any of the following: -14-

15 A. In the provision of ground transportation service to or from the Airport, the provider, or one or more of its officers, employees, agents, or ground transportation drivers, has violated, or caused another to violate, a local, state, or federal law or regulation, the Sacramento County Code, or any rule or regulation promulgated by the Director pursuant to this Chapter; B. The provider, or one or more of its officers, employees, agents, or ground transportation drivers, has engaged in action, or caused another to engage in action, that would be a basis for the denial of an application for a ground transportation permit or an application for the renewal of a ground transportation permit under Section of this Chapter; or C. In the provision of ground transportation service to or from the Airport, the provider, or one or more of its officers, employees, agents, or ground transportation drivers, has engaged in action, or caused another to engage in action, that is detrimental to the public health, safety or general welfare Method of Suspension or Revocation. A. The Director may revoke a ground transportation permit by issuing a written notice of suspension or revocation, stating the reasons therefore, and serving same pursuant to the provisions of Section , together with a copy of the provisions of this Chapter, upon the holder of the permit. Except as provided below, the suspension or revocation shall become effective fifteen (15) days after the date of service, unless the holder of the permit files an appeal within the time and in accordance with the provisions of Section If such an appeal is filed, the suspension or revocation shall not, except as otherwise provided herein, become effective until the written decision by the Hearing Authority on the appeal is filed with the Director and served on the appellant, but an appellant s continued operation of ground transportation services pending a decision on an appeal shall not be considered by the Hearing Authority in rendering a decision on the merits of the appeal. B. A ground transportation permit may be temporarily suspended pending expiration of the time for the appeal or exhaustion of an appeal pursuant to a proceeding for the suspension or revocation of the permit, if the Director finds any of the following: 1. That required permit fees or per trip fees are not paid on or before the due date; 2. That required insurance is not being maintained pursuant to the provisions of this Chapter; 3. That any required local, state, or federal licensing has been revoked or suspended; or 4. That such temporary suspension is otherwise necessary in order to protect against a serious and immediate threat to the public health, safety or welfare caused by the exercise of privileges under the permit. C. In the event the Director orders a temporary suspension, the notice of suspension or revocation shall be served upon the provider, and shall contain the following: 1. The finding justifying the temporary suspension; 2. The time, date and place at which the provider may appear in advance of the commencement of the temporary suspension for the purpose of responding to charges contained in the notice; -15-

16 3. The time and date on which the temporary suspension commences, which shall not be earlier than twenty-four (24) hours following the time and date of service of the notice, unless circumstances under the parameters of Section B 4 dictate immediate suspension, in which case oral notice to permittee from the Director shall suffice until the twenty-four (24) hour notice procedure can be implemented Appeal of Suspension or Revocation. Within fifteen (15) days following the date on which the notice of suspension or revocation is served, the holder of the ground transportation permit, hereunder appellant, may file a written appeal at the office of the Director, stating the reasons therefore. If such an appeal is not filed within the time and in the manner prescribed above, the right to a review of the suspension or revocation shall be deemed to have been waived. If the appellant does not want to exercise his or her right to a hearing, but does want to submit an answer to the allegations in the notification letter, the appellant may do so by filing with the Director a written answer in accordance with the foregoing requirements. In such event, the Director may make any determination, without any requirement for a further hearing, with respect to the appeal. Where the appellant requests a hearing, the hearing on such appeal shall be conducted by the Hearing Authority as specified in Section Duration of Revocation. The revocation of a ground transportation permit shall terminate the right of the holder of the permit or license to engage in the activity authorized by the permit or to perform the service authorized by the permit at the Airport for a period of at least two (2) years following the effective date of revocation. At the conclusion of said period, the former permit holder may file a written application for issuance of a new permit with the Director. The Director may deny this application on the same bases as set forth in Section In the event of revocation of a ground transportation permit, neither the spouse, child, brother, sister or parent of the holder of the revoked permit, nor a person possessing an ownership interest in the enterprise for which the permit was revoked or who was the employer thereof, shall be entitled to issuance of a ground transportation permit except upon written application filed with the Director. Upon the filing of such an application, the Director may deny this application on the same basis as set forth in Section In the event the application is granted, in addition to any other condition, the permit may be issued pursuant to such requirements as the Director deems necessary in order to ensure that the person whose conduct constituted the basis for the revocation does not exercise any control or influence over the enterprise of the person to whom the permit is issued Standard for Appeals. On any appeal conducted by a Hearing Authority relating to the issuance, denial, suspension, or revocation of a ground transportation permit or other appeal hearing authorized by this Chapter, the Hearing Authority shall be bound by any and all mandates, proscriptions and factors prescribed for the exercise of original discretion by the officer from whose determination the appeal is taken. -16-