§ 31-603. Luxury limousine sedan for-hire limousine licenses.

(a)

Rules governing the distribution of luxury limousine sedan for-hire licenses.

(i)

Upon the effective date of this article, the Director shall be authorized to issue the number of luxury limousine sedan for-hire licenses pursuant to subsections (c)(i), (ii), (iii) and (iv). In 2006, 2007 and 2008, the Director shall be authorized to issue forty-two (42) luxury limousine sedan licenses each calendar year. The Director shall administratively issue such licenses pursuant to the provisions of this section.

(b)

Method for distribution of new luxury limousine sedan for-hire licenses. Issuance of luxury limousine sedan for-hire licenses shall be issued by the Director in accordance with the following procedures:

(i)

Random selection or lottery for new issues. A random selection or lottery process shall be conducted as determined by the Director. The random selection or lottery process shall be conducted by an individual who shall not have responsibility for the enforcement of this chapter. All fees and applications must be received by the RER no later than fifty (50) calendar days after the announcement of the lottery.

(ii)

Separate lottery conducted by RER. If, due to revocation, cancellation, or lapse, there are ten (10) or more luxury sedan licenses which may be issued, the RER shall have authority to issue such licenses utilizing the procedures of this section. In such event, the applicable deadlines for submission of applications and for conduct of the lottery may be administratively determined by the Director.

(iii)

Conditions for participating in random selection or lottery process. All applicants shall pay a non-refundable fee to participate in each random selection or lottery process. Each application to participate in the random selection or lottery process shall be filed in accordance with Section 31-602 of this Chapter, including payment of the investigative and processing fee provided therein. In addition to the eligibility requirements found elsewhere in this Chapter, an applicant shall not be eligible to participate in the random selection or lottery process if he/she/it has, during the three (3) years prior to application, pled nolo contendere, pled guilty or been found guilty of a total of four (4) or more violations of any one or combination of the following sections of this Chapter: Section 31-602 (a); Section 31-603 (b); and/or Section 31-607(a). The RER shall disqualify applicants who do not meet the requirements of this Chapter from participation in the lottery. The Director's decision shall be final.

(iv)

No luxury limousine sedan for-hire license shall be issued until the applicant has met the provisions of Section 31-602 within forty-five (45) days after the applicant has been notified of his or her selection. If the applicant believes he or she cannot meet the requirements within the 45-day period, the applicant may, prior to expiration of such 45-day period, request in writing, a reasonable extension from the Director. The Director may grant such a reasonable extension that the Director finds is in the public interest.

(c)

Conditions for initial issuance of luxury limousine sedan licenses:

(i)

Each holder of a current and valid for-hire license to operate a limousine shall, upon application, receive one luxury limousine sedan license for each such license held. Such application shall be filed no later than forty-five (45) days after the effective date of this article. Failure to file such application within the prescribed period shall result in forfeiture of such option.

(ii)

Each lessee of a current and valid for-hire limousine license as of January 1, 1999, shall, upon application and the submission of documentation requested by RER, receive one (1) luxury limousine sedan license for each for-hire limousine license leased prior to January 1, 1999. Such application shall be filed no later than forty-five (45) days after the effective date of this article. Failure to file such application within the prescribed period shall result in forfeiture of such option.

(iii)

Each person in whose name continuous intra Miami-Dade County luxury limousine service was offered prior to January 1, 1999 shall be issued one (1) luxury limousine sedan license for each for-hire luxury limousine sedan operated if the applicant: (1) submits an application which is approved by the RER; (2) pays the applicable application investigative and processing fees: (3) provides proof of continuous, intra Miami-Dade County luxury limousine sedan service, as required herein; and (4) enters into a settlement agreement with the County, which shall, among other things, include a promise that the applicant's future limousine operations will comply with the requirements of the Code and requires the payment of a five hundred dollar ($500.00) per vehicle penalty for each year that a vehicle has been operated illegally. The settlement agreement may provide for payment of such penalty over a period of years. In order to demonstrate continuous, intra Miami-Dade County luxury limousine sedan service before January 1, 1999, the applicant shall submit, in addition to any other information required by the County, the following documents: (1) annual federal tax records relating to luxury limousine services showing the payment of taxes consistent with the provision of luxury limousine services as stated in the application; (2) a list and description of all vehicles operated, vehicle identification numbers and the years of operation; (3) annual revenues per vehicle; (4) evidence of automobile liability insurance as required by Florida Statutes for each vehicle operated; (5) the number of hours operated per year, per vehicle; (6) proof that each vehicle provided at least 240 intra Miami-Dade County trips for the 12-month calendar period prior to January 1, 1999; (7) occupational licenses for each year the applicant provided for-hire limousine service from a municipality in Miami-Dade County, Miami-Dade County, or in the absence of an occupational license from the preceding governmental entities, an occupational license from a municipality in Broward or Palm Beach Counties, or from Broward or Palm Beach Counties; (8) manifests for each trip provided by each vehicle; (9) Articles of Incorporation, if required by law; (10) fictitious name registrations, if required by law; (11) annual renewals of Articles of Incorporation and fictitious name registrations, if required by law; (12) the name, address and telephone number for all chauffeurs who drove each luxury limousine and the dates of employment; and (13) a notarized affidavit, signed under oath, that the submitted application and documents are true and genuine. The RER shall disqualify applicants who do not meet the requirements of this chapter.

(iv)

After totaling the number of for-hire luxury limousine sedan licenses issued pursuant to (c)(i), (ii) and (iii), twenty (20) percent of the total number of issued luxury limousine sedan licenses to be issued or 100 luxury limousine sedan licenses, whichever number is greater, shall be distributed through a random selection or lottery process to taxicab chauffeurs who as of January 1, 1999, were providing taxicab service in compliance with the requirements of Chapter 31 of the Code. The applicant shall be required to furnish such documentation as shall be required by the RER.

(v)

If, in the future, additional luxury limousine sedan for-hire licenses are to be issued, all applicants must meet the requirements of Section 31-602 and Section 603 and, shall be distributed as follows:

(1)

Two-thirds ( 2/3 ) to holders of a current and valid limousine for-hire license; and

(2)

One-third ( 1/3 ) to applicants who are not holders of current and valid limousine for-hire license.

(vi)

No lottery applicant may apply for more than ten (10) luxury limousine sedan licenses.

(d)

Renewals. Additional rule for renewal of luxury limousine sedan for-hire licenses. Failure to use a for-hire license during any nine (9) month period shall be deemed abandonment and shall result in automatic revocation of the for-hire license.

(e)

Leasing the for-hire license. A luxury limousine sedan license shall not be leased to another party.

(Ord. No. 00-139, § 1, 11-14-00; Ord. No. 06-110, § 1, 7-6-06; Ord. No. 16-44, § 1, 5-3-16)