10/17/83 Board of Public Works Minutes

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REGULAR MEETING OCTOBER 17, 1983 Mr. Arwell Montgomery, 3801 Riverside Drive, South Bend, Indiana, sole proprietor of Airport Limousine Service, indicated that the limo service is a vital asset to the community and that 90% of his business is to hotels and motels and that his business is not suited for the taxi license. City.Attorney Richard L. Hill, advised that the Board appreciates the concerns voiced concerning changing the existing ordinance. He additionally stated that the City needs to determine what entities fall under the existing ordinance and what type of operations fall within the provisions of the ordinance and to additionally assure that everyone complies. He stated that the limo service has not recently been added to the ordinance as that ordinance has existed for some time, but in the interpreta- tion of the ordinance limos have been included because the service provided falls within the limits of the ordinance. A determination must be made as to what entities should be licensed and to assure that they comply with the provisions of the ordinance. Perhaps some time in the future, the ordinance may be modified but for the present time, the City must operate under the current ordinance. Board Attorney Carolyn V. Pfotenhauer, stated the technical aspects of compliance and indicated that the ordinance applies to businesses that do not operate on a fixed route. Additionally, the business must have a central business office which must be established to receive calls on a 24-hour a day basis, the vehicles must be metered, inspected, identification placed on the vehicle indicating the company and proof of adequate insurance coverage must be provided. Mr. Bud Weldy asked that if all the requirements are met and if the business does fall under the taxi cab ordinance is the application routinely granted or can they be opposed and on what basis can it be opposed? Board Attorney Carolyn V. Pfotenhauer stated that it is the position of the Board that if the company is in compliance the recommendation would be favorable and it would allow the market to determine the need for the additional service. Mr. Bud Weldy stated that currently the limo services are going everywhere and there is no difference between them and the cab companies as they are doing the same thing. Mr. Walter Jones, indicated that he doubts if any of the limo services are prepared to go into the taxi business and he feels that the limo services should not be required to have a taxi cab 1i.cense and to have to install meters. City Attorney Richard L. Hill advised that if in fact the limo companies determined they will operate on a fixed route they would not be under the provisions of the ordinance. If they are going to pick-up people at their homes they are operating as a taxi cab under the provisions of the ordinance. If they vary from the fixed route they need to be licensed as taxi cabs under the ordinance. Mr. Walter Jones indicated that he picks up people at the airport and drops the people off in South Bend. He does not use a fixed route. Board Attorney Carolyn V. Pfotenhauer advised that the definition of a fixed route is from Point X to Point Y on a regular basis. A regular predictable route and predictable schedule with pick- up points at various locations. If limo services are picking people up at their homes, they are operating as a taxi cab service.