5.04.070 Permits for community festivities--in lieu of transient merchant license

5.04.010 Businesses on city property prohibited. Except where permitted under the provisions of this chapter, no person may park, place, erect, or construct a building, structure, tent, trailer, bus, or other enclosure, or a stand or table, on a street, alley, sidewalk, parking lot, or other public place in the city for the purpose of displaying for sale, selling, or soliciting the sale of goods or services, nor may any person park a vehicle bearing a for sale sign in any city parking lot or other public place for a purpose of soliciting buyers or otherwise offering the vehicle for sale. It shall be conclusively presumed that any vehicle bearing a for sale sign which is parked in a city parking lot for more than 48 consecutive hours is parked with a purpose of soliciting buyers or otherwise offering the vehicle for sale (see also section 10.08.030(f)(3)).(Ord. 1177 §1 (part), 2004; Ord. 960 §2, 1993; Ord. 896, 1991; Ord. 506 §1 (part), 1977)

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5.04.020 Mobile food vendors. Mobile food vendors may temporarily stop their vehicles in the public streets for the purpose of making sales, or park their vehicles on public property in the vicinity of a sporting event when not prohibited by this code, for the purpose of making sales of food during the event. (Ord. 1177 §1 (part), 2004)

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5.04.030 Outdoor dining. Outdoor dining in public rights-of-way may be authorized under Chapter 12.12. (Ord. 1177 §1 (part), 2004)

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5.04.040 Vending machines. The city manager may permit the placement of vending machines on city property at locations that the city manager determines will serve the convenience of city employees or the public. The city manager shall determine the duration of a permit to place a vending machine on city property, the compensation that the city will receive for its placement, and the other terms and conditions of the permit that will be in the best interest of the city. (Ord. 1177 §1 (part), 2004)

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5.04.050 Permits for community festivities. (a) The city clerk may issue permits allowing the erection of temporary stands, structures, or tables or the temporary parking of a suitable vehicle on public property for the purpose of selling or dispensing goods or services in conjunction with the King Crab festival or other similar designated community events.
(b) An application for a permit under this section shall be submitted to the city clerk accompanied by any required fees established by resolution or motion of the city council; provided, however, that the council may reduce or waive payment of the fee for permits issued to nonprofit organizations and associations performing community services in Kodiak, so long as all such organizations are treated alike with respect to permits issued for any single festival or similar community event. The application shall contain the following information:

(1) The name and address of the applicant
(2) The business name to be used and the nature of the business
(3) The name of the festivity or event for which the permit is requested
(4) A description of the structure, stand, or vehicle to be used
(5) The location where the applicant would prefer to conduct the business.

(c) If insufficient space or facilities are available to accommodate the applicants for permits at any particular event, locations shall be assigned giving preference to nonprofit organizations and associations performing community services in Kodiak and to those businesses that are most compatible with the community festival or event for which the applicants are seeking permits.
(d) If a community event or festival is being planned and managed by a local nonprofit community organization, the council may, by resolution, authorize the issuance of a single permit to that organization for the designated public property. As a condition to receiving the permit, the organization shall:

(1) Agree to assign space in accordance with the priorities established in subsection (c) of this section;
(2) Comply with the conditions set forth in section 5.04.060 and require compliance with those conditions by all persons occupying space under the auspices of a permit from that organization; and
(3) Hold harmless and defend the city from any claims for death, injury, or damage arising or resulting from the event conducted, as well as from any suits or actions based upon the assignment or utilization of public property under the permit.
(4) The council may waive payment of any fee by an organization receiving a permit under this subsection, and the organization may charge a reasonable fee for persons utilizing a booth, structure, or stand in conjunction with their participation in the festivity. (Ord. 1177 §1 (part), 2004; Ord. 938 §8, 1992; Ord. 776 §1, 1985; Ord. 506 §1 (part), 1977)

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5.04.060 Permits for community festivities--conditions of permit. (a) A permit issued under section 5.04.050 shall be subject to the following terms and conditions:

(1) The structure, stand, or vehicle may not be erected or parked prior to the date and time designated on the permit and shall be removed within twenty-four hours after the end of the designated event.
(2) If the business is one that utilizes disposable wrappings or containers, the permittee shall place suitable refuse containers in the vicinity of the business and provide for the disposal of the contents of those containers on a daily or more frequent basis.
(3) The permittee shall obtain and display all other licenses and permits necessary to the conduct of the business and shall display those licenses and permits at the place of business.
(4) The permittee shall permit the inspection of the facilities from which the business is conducted at all reasonable hours.
(5) The permittee shall maintain the property in the immediate vicinity of the business facilities in a neat and clean condition and shall remove all accumulated waste, litter, and debris upon removal of the business facilities.
(6) The permittee shall comply with all applicable laws and regulations.
(7) The permittee shall comply with such other reasonable conditions as may be provided in the permit by the city manager.

    (b) If the permittee fails to comply with any condition of the permit or a provision of this section, the city manager may, after not less than two hours notice and an opportunity to be heard, revoke the permit.
    (c) If the permittee fails to leave the immediate vicinity in a clean condition or fails to remove the business facilities as required by this section, the city may, after reasonable verbal notice, perform such work and the permittee shall be liable for all costs so incurred. Business facilities removed by the city may be discarded in the dump or otherwise disposed of as abandoned property having no value. (Ord. 1177 §1 (part), 2004; Ord. 506 §1 (part), 1977)
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5.04.070 Permits for community festivities--in lieu of transient merchant license. Issuance of a permit under section 5.04.050 shall be in lieu of the transient merchant license required by chapter 5.28 so long as the activities of the applicant which otherwise would require the obtaining of a transient merchant license are restricted to the time and place of the festival or community event.(Ord. 1177 §1 (part), 2004; Ord. 860, 1989; Ord. 776 §2, 1985; Ord. 506 §1, 1977)

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CHAPTER 5.08
BUILDING CODES CONTRACTORS

Repeal of Chapter 5.08; Ordinance Number 471, effective September 26, 1976. Former Chapter 5.08 derived from Ord. 410, 1974.

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CHAPTER 5.12
INTOXICATING LIQUOR

For statutory provisions authorizing municipal regulation of the licensing and sale of alcoholic beverages, see AS 04.21.010.

5.12.010 Repealed

5.12.020 Repealed

5.12.030 Repealed

5.12.040 Licensee responsibility for employees' actions on premises

5.12.050 Repealed

5.12.060 Repealed

5.12.070 Hours for licensed premises

5.12.080 Signed statement of patron's age; when required

5.12.090 Signed statement of patron's age; falsifications

5.12.100 Eviction of patrons

5.12.110 Age limit sign to be exhibited

5.12.120 Premises where persons under twenty-one are prohibited

5.12.125 Sale on election day

5.12.130 Repealed

5.12.140 Repealed

5.12.150 Exception for those nineteen years of age or older as of December 31, 1983

5.12.010 Consumption restrictions. Repealed by Ordinance Number 491, effective April 23, 1977.

Repealed §5.12.010 derived from CCK §6.7.1. For present provisions see 8.44 of this code.

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5.12.020 License required. Repealed by Ordinance Number 491, effective April 23, 1977.

Repealed §5.12.020 derived from CCK §6.7.2.

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5.12.030 License; applicant restrictions. Repealed by Ordinance Number 458, effective April 10, 1976.

Repealed §5.12.030 derived from CCK §6.7.3.

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5.12.040 Licensee responsibility for employees' actions on premises. The licensee shall be responsible for all acts or omissions of the licensee's employees on the licensed premises. The licensee may be prosecuted for all acts or omissions of employees which are committed on the licensed premises and which are in violation of this chapter; provided, however, that the prosecution of the licensee shall not prohibit the prosecution of the employee for acts or omissions committed by the employee in violation of any provision of this chapter. (CCK §6.7.4)

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5.12.050 Licensee; hearings. Repealed by Ordinance Number 458, effective April 10, 1976.

Repealed §5.12.050 derived from CCK §6.7.5.

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5.12.060 License; beverage dispensary; retail liquor. Repealed by Ordinance Number 458, effective April 10, 1976.

Repealed §5.12.060 derived from CCK §6.7.6.

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5.12.070 Hours for licensed premises. No person may consume, sell, offer for sale, give, furnish, or deliver from an authorized licensee any intoxicating liquor on any licensed premises inside the city between five a.m. and eight a.m. of each day of the week including Sundays and holidays. (Ord. 348 (part), 1971: CCK §6.7.7)

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5.12.080 Signed statement of patron's age; when required. Any licensee or employee of a licensee who suspects a patron to be under the age of twenty-one years may require, and it shall be the duty of the patron to furnish, a signed, written statement specifying the patron's date of birth and age. A duplicate copy of the signed, written statement shall be delivered to the office of the chief of police within forty-eight hours after its execution. No intoxicating beverage shall be served to a person who refuses to sign such statement. The definitions set forth in chapter 8.44 of the Kodiak city code shall apply to this chapter. (Ord. 712 §1, 1984; Ord. 346 (part), 1970: CCK §6.7.8)

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5.12.090 Signed statement of patron's age; falsification. Every person who falsifies the statement required by section 5.12.080 is guilty of an offense under this chapter. (CCK §6.7.9)

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5.12.100 Eviction of patrons. The licensee and employees of the licensee are expressly permitted to evict any person suspected of being under the age of twenty-one or intoxicated and failure of such person to leave after oral request is unlawful and an offense on the part of that person. (Ord. 712 §2, 1984; Ord. 346 (part), 1970: CCK §6.7.10)

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5.12.110 Age limit sign to be exhibited. All licensees shall cause to remain displayed upon the premises of their establishments a conspicuous sign in a prominent place visible from outside the establishment, which shall in substance state: "No person under the age of twenty-one years permitted. Any such person will be prosecuted to the full extent of the law." Excepting that retail stores and licensed establishments regularly serving meals may modify the sign in accordance with the provisions of this chapter and title 04 of the Alaska statutes. The sign may also state the exception set forth in section 5.12.150. (Ord. 712 §3, 1984; Ord. 346 (part), 1970: CCK §6.7.11)

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5.12.120 Premises where persons under twenty-one are prohibited. Every person under the age of twenty-one years who goes upon the premises licensed or required to be licensed under AS 04.11.010 is guilty of an offense under this chapter unless:

(a) Accompanied by a parent, guardian, or spouse who has attained the age of twenty-one years;

(b) The person is at least sixteen years of age, the premises are designated by the state of Alaska alcoholic beverage control board as a restaurant for the purposes of this section, and the person enters and remains only for dining; or

(c) The person is under the age of sixteen years, is accompanied by a person over the age of twenty-one years, the parent or guardian of the underaged person consents, the premises are designated by the board as a restaurant for the purposes of this section, and the person enters and remains only for dining. (Ord. 712 §4, 1984; Ord. 346 (part), 1970: CCK §6.7.12)

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5.12.125 Sale on election days. Pursuant to AS 04.16.070(b), a licensed premises may give, barter, sell, or otherwise dispose of intoxicating liquor during the hours when the polls are open on election days, and the prohibition of AS 04.16.070(a)(1)&(2) shall not apply in the city. (Ord. 590 §1, 1980; Ord. 411, 1974: CCK §3.3.24)

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5.12.130 Exposure by waiters, waitresses, and entertainers. Repealed by Ordinance Number 637, effective May 8, 1982.

Repealed §5.12.130 derived from Ord. 588, 1980. Original §5.12.130, License; transfer, repealed by Ordinance Number 458, effective April 10, 1976, and derived from CCK §6.7.13.

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5.12.140 Counseling or assisting. Repealed by Ordinance Number 637, effective May 8, 1982.

Repealed §5.12.140 derived from Ord. 588, 1980. Original §5.12.140, Licenses; beverage dispensary hotels, motels, repealed by Ordinance Number 458, effective April 10, 1976, and derived from CCK §6.7.14.

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5.12.150 Exception for those nineteen years of age or older as of December 31, 1983. Notwithstanding any other provision of this chapter regarding age limitations, any person born on or before December 31, 1964, may be present upon licensed premises and may possess, consume, receive, or purchase alcoholic beverages if otherwise allowed under title 04 of the Alaska statutes, and a person may serve, deliver, dispense, furnish, or sell alcoholic beverages to a person born on or before December 31, 1964, if otherwise allowed under the provisions of AS 04. (Ord. 712 §6, 1984)

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CHAPTER 5.16
JUNKYARDS

For statutory provisions regarding the regulation of junkyards and junk dealers, see AS 08.60.

5.16.010 Definitions

5.16.020 Certificate of location; required

5.16.030 Certificate of location; issuance conditions

5.16.010 Definitions. For the purpose of this chapter:

(a) "Abandoned" as used in section 5.16.030(h) includes but is not limited to any automobile or truck or parts thereof which is:

(1) Not licensed as a motor vehicle in accordance with the law of Alaska for the then current year; and

(2) Cannot be operated as a motor vehicle because of mechanical failure or defects.

(b) "Junk" means any secondhand and used machinery, scrap iron, copper, lead, zinc, aluminum, or other metals; it also includes wrecked automobiles, tools, implements, rags, used building materials, rubber, and paper.

(c) "Junkyard" means a location where junk is gathered together and stored for a commercial, public, or private purpose within the boundaries of the city. (Ord. 321 (part), 1968: CCK §6.9.3)

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5.16.020 Certificate of location; required. No person shall establish, operate, or maintain a commercial, private, or public junkyard without a certificate of location being first issued therefor by the council. (CCK §6.9.1)

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5.16.030 Certificate of location; issuance conditions. The council shall, in considering applications for such certificate, take into account:

(a) The nature and development of the surrounding property;

(b) The need to protect the local economy, adjacent land owners, and the motoring public from economically depressing and unsightly roadside locations;

(c) The proximity of the proposed junkyard to churches, schools, hospitals, public buildings, recreation areas, or other places of public gathering;

(d) The sufficiency in number of other similar business establishments in the city;

(e) The adequacy of fences and other types of enclosures proposed to prevent the unsightly display of any junkyard;

(f) The health, safety, and general welfare of the public;

(g) The suitability of the applicant to establish, maintain, or operate such a business;

(h) The placement upon public property not set aside by law as a refuse disposal site, commercial, private or public junkyard, or upon any private property not specifically established, operating or maintained as a commercial, private or public junkyard, of any wrecked, junked, or abandoned truck or automobile parts or bodies thereof, whether attended or unattended constitutes a public nuisance and may be abated in the manner provided for herein in addition to any other remedies the city may have for the abatement of public nuisances; and

(i) Nuisances as defined by subsection (h), may be abated as follows, without reference to or limitation by any other provision of the city code. The city manager or designee, after investigation, may order the abatement of such nuisance by giving notice to the owner of the premises upon which the nuisance is located to abate the nuisance within the time specified in such notice. The city manager may also give notice to the last known registered owner or any person or persons who may have acquired the right to possession through the registered owner, of any vehicle declared to constitute a public nuisance by subsection (h), persons placing the nuisance upon the property of another, or the lessee, agent, tenant, or other person in control of the property where the nuisance is situated at the time of the notice to abate. If the nuisance is not abated within the time as provided in the notice which shall be not less than five days, the city manager or city manager's designee may cause the abatement of such nuisance and the cost of abatement may be charged against any or all of the foregoing persons to whom notice was given. Notice is deemed given when posted in the U.S. mail to the last known address of such persons, certified or registered, return receipt requested. The costs of abating such nuisance may likewise be charged as a lien against and levied and collected as property taxes are levied and collected, but only if the city proceeds in accordance with subsection (i). The procedure for abating or dealing with a public nuisance as prescribed in this section shall be cumulative and in addition to any other procedures authorized by law or ordinance. Pursuant thereto, the following regulations shall be adopted:

(1) All fences or enclosures shall be seven feet in height and the boards thereof spaced no greater than two inches apart.

(2) No junkyard shall be located less than five hundred yards from a residential area.

(3) No person having been convicted of any felony or of any other criminal offense involving theft shall be considered a suitable applicant.

(4) All persons operating a junkyard shall keep a record of their purchases, which may be in the form of a receipt showing the date, name of their purchases, which may be in the form of a receipt showing the date, name of seller, general description of article, and purchase price. (Ord. 321 (part), 1968: CCK §6.9.2)

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CHAPTER 5.20
LIQUOR HANDLERS

For statutory provisions regarding regulation of sale and distribution of alcoholic beverages, see AS 04.16. Repeal of Chapter 5.20COrdinance Number 873, effective November 11, 1989, repealed former Chapter 5.20. Former Chapter 5.20 derived from CCK §6.8.1C6.8.5; Ord. 332, 1969; Ord. 346, 1970; Ord. 388, 1973; Ord. 680, 1983; Ord. 709, 1984; Ord. 784, 1985)

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CHAPTER 5.24
PAWNBROKERS

For statutory provisions regarding pawnbrokers and secondhand dealers, see AS 08.76.

5.24.010 Definitions

5.24.020 License; required; number

5.24.030 License; application

5.24.040 License issuance; terms

5.24.050 Regulations and prohibited acts

5.24.060 Daily record; weekly reports

5.24.070 License; revocation

5.24.080 Closing hours

5.24.090 Repealed

5.24.100 License; fees

5.24.010 Definitions. (a) "Licensee" means a pawnbroker holding a current pawnbroker license of the city.

(b) "Pawnbroker" as used herein means any person engaged in the business of lending money on the security of personal property physically taken and held, or purchasing of articles of personal property and reselling or agreeing to resell such articles to the vendor or assignee at a price agreed upon at or before the time of such purchase.

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5.24.020 License; required; number. (a) No person shall operate as a pawnbroker except under license of the city and as herein provided.

(b) No pawnbroker's license shall be issued hereafter which would increase the number of holders of such license to more than two for the first ten thousand population and one for each ten thousand population thereafter, according to the last preceding United States census. (CCK §6.4.2)

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5.24.030 License; application. (a) Applications for licenses issued hereunder shall be made on forms furnished by the city. The application shall include:

(1) The full name, age, citizenship, residence, and present occupation of the applicant and all employees;

(2) A statement that neither the applicant nor any of the applicant's employees has been convicted of a felony, or a misdemeanor involving moral turpitude in the ten years preceding the date of the application;

(3) That the applicant and all employees of the applicant read and write English;

(4) A specific description and address of the place of business of the applicant;

(5) The terms and conditions of the lending agreement or sale and resale agreement the applicant uses, or intends to use, including the period of time allowed for redemption of articles received, and the manner in which articles are identified for redemption; and

(6) Such other information as the chief of police finds reasonably necessary to effectuate the general purposes of this chapter.

(b) The application shall be accompanied by:

(1) A full set of fingerprints taken by the police department of all owners, partners, corporate officers, and employees actively engaged in the operation of the business;

(2) The application fee and the license fee;

(3) At least two affidavits from local reputable residents that the applicant is of good moral character and repute;

(4) At least one such affidavit as to each employee of the applicant; and

(5) A recent photograph of all owners, partners, corporate officers, and employees actively engaged in the operation of the business. The photograph shall contain a front view of the individual's face, shall contain only the top half of the individual's body, and shall be provided by the applicant. (Ord. 524 §1, 1978: CCK §6.4.3)

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5.24.040 License issuance; terms. (a) If the application and attachments are in order, the chief of police may issue the license. If the chief does not issue the license, the application, upon request of the applicant, shall be referred to the council with the recommendation of the chief of police. The council, by motion, shall order the license issued or the license denied.

(b) The license shall be issued for the calendar year, or remaining fraction thereof, but the fee shall not be prorated. Licenses are not transferable. If the license is denied, the application fee shall not be returned. (CCK §6.4.4)

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5.24.050 Regulations and prohibited acts. (a) No pawnbroker or employee shall purchase or receive any article from a person under the age of eighteen years without the written consent of such person's parent or legal guardian. The consent must specifically describe the article to be pawned.

(b) No pawnbroker or employee shall purchase or receive any article from a person who is intoxicated.

(d) Pawnbrokers shall allow the chief of police and authorized members of the police department to inspect their records at all reasonable times.

(e) No pawnbroker shall employ a person and no person shall be an employee of a pawnbroker who does not meet the qualifications specified in section 5.24.030. Every pawnbroker shall require proposed new employees to be fingerprinted by the police department before hire and the pawnbroker shall provide the police department with a picture of the proposed new employee consistent with the requirements of section 5.24.030.

(f) No pawnbroker shall make any agreement in such business which does not substantially comply with that in the application for license. If a pawnbroker makes an agreement which does not substantially comply, it shall be voidable at the option of the other person to the transaction. (Ord. 524 §2, 1978: CCK §6.4.5)

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5.24.060 Daily record; weekly reports. Pawnbrokers shall keep a daily record of all persons with whom they do business and of all property coming into their possession, and shall make a weekly report thereof to the chief of police. The report shall be made on cards or forms furnished by the police department. A separate card shall be completed for each article pawned or purchased and shall include the following information:

(a) The name of the pawnbroker, together with the pawn number;

(b) The article pawned or purchased, together with the manufacturer, the serial number, if any, and the caliber, model number, or other identifying description;

(d) The name, address, and the military serial number, social security number or driver's license number of the other party to the transaction;

(e) The physical description of the other party to the transaction, including the person's age, height, weight, race, and the color of hair and eyes;

(f) The signature of the other party to the transaction. The signature shall be compared by the pawnbroker or employee with at least one signature from the papers identifying the other party to the transaction, and the card shall indicate the paper, document, or license with which the comparison was made;

(g) The street and house number of the place from which the property bought or received in pledge was last removed; and

(h) The price paid or the amount loaned. (Ord. 524 §3, 1978: CCK §6.4.6)

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5.24.070 License; revocation. (a) If, after issuance of the license, the licensee fails to abide by all of the requirements of this chapter; or is convicted of a crime of moral turpitude under the laws of the city, the state of Alaska, or of the United States of America; or if it is discovered that the licensee made a knowing and willfully false statement in the application, the license shall be revoked.

(b) Whenever there is reason to believe that the license should be revoked, the chief of police shall serve notice upon the licensee that a hearing will be held before the chief of police for the purpose of determining whether the license should be revoked. If the chief of police determines that the license should be revoked, the licensee may appeal to the council within fifteen days from the date licensee received notice of the decision. (Ord. 524 §4, 1978: CCK §6.4.7)

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5.24.080 Closing hours. It is unlawful for any pawnbroker to conduct or carry on the business of pawnbroker, in whole or in part, directly or indirectly, or to open or keep open a pawnshop, for the transaction of any business whatsoever therein, between seven p.m. and eight a.m.; except from December 15 to December 25 of each year and on Saturdays when pawnbrokers may remain open until, but not later than, ten p.m. (CCK §6.4.8)

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5.24.090 Interest rates. Repealed by Ordinance Number 524, effective August 13, 1978.

Repealed §5.24.090 derived from CCK §6.4.9.

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5.24.100 License; fees. The application shall be accompanied by any required fees established by resolution or motion of the city council. (Ord. 951 §2, 1993; Ord. 524 §6, 1978: CCK §6.4.10)

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CHAPTER 5.28
TRANSIENT MERCHANTS

See Section 5.04.040 for exceptions

5.28.010 Definitions; license required

5.28.020 Entry on premises

5.28.030 Payment of sales tax required

5.28.040 License; fee; form

5.28.050 License; separate required for each person

5.28.060 License; term; nontransferable

5.28.010 Definitions; license required. "Transient merchant", "transient trader", "hawker", "peddler", or other such trader as herein set forth, mean and include all persons, both principals and agents, who engage in temporary, transient, or itinerant retail business in the city, or who, without first establishing a permanent place of business in the city, engage in traveling from place to place therein selling or attempting to sell, or taking orders or subscriptions for goods, wares, or merchandise. No transient merchant, trader, hawker, peddler, or other as herein defined, shall be exempted from the provisions of this chapter by reason of associating temporarily with any local dealer or by establishing a temporary site of business, and every transient or itinerant merchant, as herein defined, before engaging in business or before advertising or exposing wares, goods, or merchandise, for sale or subscription, shall procure a license from the city clerk as herein provided, and shall pay the fee therefor required. (Ord. 776 §3, 1985: CCK §6.2.1)

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5.28.020 Entry on premises. No transient or itinerant merchant herein defined, shall go in and upon private residences in the city for the purpose of the sale of, or the soliciting orders for the sale of, subscriptions, goods, wares, or merchandise, or for the purpose of disposing of or peddling or hawking the same, not having been requested or invited so to do by the owner or owners, occupant or occupants of such private residence. (CCK §6.2.2)

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5.28.030 Payment of sales tax required. Nothing in this chapter permits sales under the provisions and requirements of this chapter without the collection by the person, licensed hereunder, of the city sales tax collected, and payment of the tax to the city clerk. (CCK §6.2.3)

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5.28.040 License; fee; form. The fee required to be paid to obtain the license to engage in the transient and itinerant trades, as herein set forth, shall be established by resolution or motion of the city council, and such license shall be procured from the city clerk prior to engaging in business in the city. The city clerk shall deliver to the purchaser of any license procured hereunder a license form, which shall indicate the purchaser's name, the date purchased, the amount of fee paid, the date of expiration of the license, and the signature of the city clerk shall appear hereon. Such license form shall be carried on the person or posted for public view in the site of business at all times during its effective period. (Ord. 951 §3, 1993: CCK §6.2.4)

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5.28.050 License; separate required for each person. If two or more persons are associated in any such transient or itinerant business, as herein defined, each such person shall be considered an entity in business, and each shall be required to purchase a license as required hereunder. (CCK §6.2.5)

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5.28.060 License; term; nontransferable. No license under this chapter shall be issued for a greater period than one year, beginning on January 1 of each year and expiring on December 31 of each calendar year. No license can be transferred by the licensee to any other person except with the written consent of the council upon application thereto in writing. (CCK §6.2.6)

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CHAPTER 5.32
PRIVATE DETECTIVES AND MERCHANT POLICE

5.32.010 Definitions

5.32.020 License; required

5.32.030 License; application; fee

5.32.040 Investigation by chief of police

5.32.050 License; issuance standards

5.32.060 License; standards applicable to employees

5.32.070 License; notice of rejection

5.32.080 License; appeal procedure

5.32.090 License; fee payment

5.32.100 License; nontransferable

5.32.110 License; revocation and suspension

5.32.120 License; renewal

5.32.130 License; term

5.32.140 Bond requirements

5.32.150 Promulgation of regulations by chief of police

5.32.160 Duties of licensee

5.32.170 Registration of guards with chief of police

5.32.180 Uniforms

5.32.010 Definitions. For the purpose of this chapter:

(a) "Private detective" means any person who accepts employment for hire, fee, or reward, to furnish or supply information as to the personal character or actions or identity of any person, or as to the character or kind of business of any person. The term shall not include within its meaning a private investigator employed exclusively for one employer in connection with a business or collection agency. Nor shall it include a detective or officer belonging to the law enforcement agencies of the United States, or of any state or city.

(b) "Merchant police" as used herein, means any person, firm, or corporation engaged in the business of watching, guarding, or protecting any premises, property, or persons, for hire; provided, however, that the term shall not include any individual who has only one employer, and who is employed to watch, guard, or protect only the premises, property, or person of that employer, or any common carrier engaged in interstate commerce, employing a person to guard its property, or any individual employed by any such carrier or carriers to watch, guard, or protect premises, property, or persons for such carriers. (Ord. 386 §1 (part), 1973: CCK §6.3.1)

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5.32.020 License; required. No person shall operate as a private detective or merchant police in the city without first obtaining a license as herein provided, from the chief of police. (Ord. 386 §1 (part), 1973: CCK §6.3.2)

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5.32.030 License; application; fee. Application for licenses issued hereunder shall be made upon blank forms prepared and made available by the chief of police and shall state:

(a) The full name, age, residence, present and previous occupations of the applicant;

(b) Whether the person signing the application is a citizen of the United States;

(d) The number of years experience the applicant has had as a private detective or in the related fields;

(e) The length of time applicant has been a bona fide resident of the state of Alaska immediately preceding the filing of the application;

(f) Such other information as the chief of police finds reasonably necessary to effectuate the general purpose of this chapter and to make a fair determination of whether the terms of this chapter have been complied with;

(g) The application required hereunder shall be accompanied by a full set of fingerprints and a recent photograph; and

(h) The application shall be accompanied by any required fees established by resolution or motion of the city council. (Ord. 951 §4, 1993; Ord. 386 §1 (part), 1973: CCK §6.3.3)

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5.32.040 Investigation by chief of police. Within twenty days after receipt of an application as provided herein, the chief of police shall cause an investigation to be made of the applicant and the proposed operation. (Ord. 386 §1 (part), 1973: CCK §6.3.4)

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5.32.050 License; issuance standards. The chief of police shall issue a license hereunder when the following are found:

(a) The applicant to be of good moral character; and

(b) That the applicant has never been convicted of any felony or of any offense against the decency and morals of any community, or any offense involving moral turpitude.

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5.32.060 License; standards applicable to employees. All employees of any person having or applying for a license hereunder shall meet the standards set forth above and shall be subject to all regulations of this chapter. (Ord. 386 §1 (part), 1973: CCK §6.3.6)

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5.32.070 License; notice of rejection. The chief of police shall act upon the application for a private detective or merchant police license within twenty days after the filing thereof. If the chief of police disapproves the application, the chief of police shall mail to the applicant, within ten days after the date upon which the application was filed, a notice of the chief's action, stating the reasons for the denial of the permit. (Ord. 386 '1 (part), 1973: CCK §6.3.7)

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5.32.080 License; appeal procedure. Any person aggrieved shall have the right of appeal of the denial of a private detective or merchant police license to the council. The appeal shall be taken within ten days after notice. The council shall act upon the appeal within fifteen days after its receipt. (Ord. 386 §1 (part), 1973: CCK §6.3.8)

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5.32.090 License; fee payment. A license shall be issued to a successful applicant upon payment of a license fee as set by section 5.32.030. (Ord. 386 §1 (part), 1973: CCK §6.3.9)

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5.32.100 License; nontransferable. Licenses issued hereunder shall not be transferable. (Ord. 386 §1 (part), 1973: CCK §6.3.10(A))

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5.32.110 License; revocation and suspension. Licenses issued hereunder shall be subject to revocation or suspension by the chief of police for violation of any of the provisions of this chapter or misconduct by the licensee or employees of the licensee, after reasonable notice and an opportunity to be heard has been given the licensee. The chief of police shall immediately notify the licensee, by personal service, of such suspension or revocation. (Ord. 386 §1 (part), 1973; CCK §6.3.10(B))

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5.32.120 License; renewal. The chief of police shall issue renewal licenses to all licensees whose licenses have not been suspended at the time the licenses have expired, upon payment of the license fee. (Ord. 386 §1 (part), 1973: CCK §6.3.10(C))

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5.32.130 License; term. All licenses issued hereunder shall be for a term of one year. (Ord. 386 §1 (part), 1973: CCK §6.3.10 (D))

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5.32.140 Bond requirements. (a) No license shall be issued for a private detective hereunder unless the applicant files with the city a surety bond, executed by such applicant with two or more sureties, or by a surety company authorized to do business in the state of Alaska, of ten thousand dollars, or such other financial security as may be approved by the city attorney, conditioned upon careful, faithful, and honest conduct of the services to be performed by the applicant, or the employees of the applicant. Such bond shall be approved by the city attorney as to form, execution, and sufficiency of sureties.

(b) No license shall be issued hereunder to a merchant police applicant unless the applicant files with the city a surety bond, executed by such applicant, with two or more sureties, or by a surety company authorized to do business in the state of Alaska, of five thousand dollars, or such other financial security as may be approved by the city attorney, conditioned upon careful, faithful, and honest conduct of the services to be performed by the applicant, or the employees of the applicant. Such bond shall be approved by the city attorney as to form, execution, and sufficiency of sureties.

(c) The bond or approved security required herein shall be taken in the name of the people of the city of Kodiak and the state of Alaska, and every person injured by the negligent, willful, malicious, or wrongful act of the principal, the principal's agent, servant, or employee, or in the conduct of business of a private detective, may bring an action on the bond in their own name and recover damages for such negligent, willful, malicious, or wrongful act.

(d) The chief of police shall suspend any license when the bond or other approved financial security required herein shall have lapsed or is reduced by reason of a judgment thereon, or for any other reason is no longer in full force and effect. (Ord. 386 §1 (part), 1973: CCK §6.3.11)

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5.32.150 Promulgation of regulations by chief of police. The chief of police shall have the authority to enact and enforce reasonable rules and regulations for the operation of a private detective or merchant police in the interest of public safety, morals, and welfare and to effectuate the general purpose of this chapter. (Ord. 386 §1 (part), 1973: CCK §6.3.12)

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5.32.160 Duties of licensee. (a) The licensee hereunder shall cause a certificate of such license to be displayed at all times in a conspicuous place in or on the place of business described in such license. The licensee shall carry on the licensee's person at all times when performing services as a private detective, a certificate of the license issued hereunder.

(b) No private detective licensed hereunder shall impersonate or hold such private detective out as a peace officer of this state; nor shall a private detective operate or permit to be operated a motor vehicle with a siren, blinker light, or with any insignia thereon bearing likeness to the insignia used by the peace officers of this state. (Ord. 386 §1 (part), 1973: CCK §6.3.13)

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5.32.170 Registration of guards with chief of police. Any individual who has only one employer and who is employed to watch, guard, or protect the premises, property or that of the employer, shall register with the chief of police and carry identification furnished by the chief of police while on duty. The city shall require a reasonable deposit on all identification and badges furnished such registrants. (Ord. 386 §1 (part), 1973: CCK §6.3.14)

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5.32.180 Uniforms. It is unlawful for any merchant policeman, guard, or other licensee regulated by this chapter, and not a member of the police or fire department, to wear a uniform, cap, badge, or button similar to, or in imitation of the police and fire department. Any person, firm, or corporation desiring to provide merchant police, watchmen, guards, or other licensees regulated by this chapter, shall use no distinctive uniform, cap, badge, or buttons to be worn by such persons or employees thereof, until the form, design, and color thereof shall have been first submitted to and approved by the chief of police. (Ord. 386 §1 (part), 1973: CCK §6.3.15)

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CHAPTER 5.36
DANCE FUNCTIONS FOR MINORS

5.36.010 Permit; required

5.36.020 Permit; applicant requirements

5.36.030 Permit; issuance conditions

5.36.010 Permit; required. No person shall conduct or operate a dance at city facilities which minor persons are permitted to attend without first obtaining a permit from the parks and recreation director. (Ord. 796, 1986: CCK 6.6.1)

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5.36.020 Permit; application requirements. (a) A completed application for a dance permit shall be submitted to the parks and recreation director on a form provided by the city. The application shall include, but not be limited to, the following information:

(1) The name, address, telephone number, and designated contact person of the applicant;

(2) The proposed location, date, and time of the dance;

(3) Whether the dance will be restricted to minors and their chaperons; and

(4) A statement of conformance to all provisions of this chapter.

(b) Each application shall be accompanied by the scheduled fee, if any, for use of the specified city facility. (Ord. 796, 1986: CCK §6.6.2)

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5.36.030 Permit; issuance conditions. The parks and recreation director shall issue such a permit if all of the following conditions appear to be adequately met:

(a) There shall be lighting of such intensity as to make any person recognizable across the full width of the dance floor to a person with normal eyesight;

(b) The operator or operators of the dance agree not to permit any minors to be or remain at the dance in violation of any curfew provisions of this code;

(c) A parent of at least one minor person attending the dance must be present at all times to serve as a chaperon while any minor or minors are present at the dance; and

(d) No alcoholic beverages are allowed on the premises. (Ord. 796, 1986: CCK §6.6.3)

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CHAPTER 5.40
TAXICABS AND FOR-HIRE VEHICLES

Repeal of former chapter 5.40.COrdinance Number 512, effective March 11, 1978, repealed former chapter 5.40 and enacted new chapter 5.40 in lieu of the repealed provisions. Former chapter 5.40 derived from CCK §6.10.1C6.10.6; Ord. 303, 1967; Ord. 329, 1969.

5.40.010 Taxicab permit required

5.40.015 Limousine permit required

5.40.020 Taxicab permits limited

5.40.030 Application for taxicab permit

5.40.040 Qualifications of applicant

5.40.050 Vehicle equipment and inspection

5.40.060 Processing of application

5.40.070 Additional inspections

5.40.080 Transfer, lease, or change of taxicab permit or vehicle

5.40.085 Limousine permits nontransferable

5.40.090 Change of vehicle

5.40.100 Responsibilities of taxicab and limousine permittees

5.40.102 Limousine service

5.40.105 Voluntary suspension

5.40.110 Grounds for denial, suspension, or revocation of permit

5.40.120 Procedure for denial, suspension, or revocation of permit

5.40.130 Dispatch service license

5.40.140 Approval of tariffs

5.40.150 Regulation of dispatch service

5.40.152 Grounds for denial, suspension, or revocation of a taxicab dispatch license

5.40.154 Procedure for denial, suspension, or revocation of a taxicab dispatch license

5.40.160 Chauffeur's license required -- valid period

5.40.170 Application for chauffeur's license

5.40.180 Qualifications of applicant

5.40.190 Processing chauffeur applications

5.40.195 Pre-licensing drug tests

5.40.196 Random drug tests

5.40.197 Post accident drug tests

5.40.198 Reasonable suspicion drug tests

5.40.199 Consequences of a positive drug test

5.40.200 Display of identification

5.40.210 Prohibited activities

5.40.220 Denial, suspension, or revocation of chauffeur's license

5.40.230 Renewal of licenses and permits

5.40.240 Taxi and bus stands

5.40.250 Definitions

5.40.010 Taxicab permit required. (a) No person may operate a taxicab, or cause or permit a vehicle owned by the person to be utilized as a taxicab, without first obtaining a permit from the city. A taxicab permit is required for each vehicle operated as a taxicab.

(b) Taxicab permits shall be renewed annually, and shall be valid from January 1 to December 31 of each year.

(c) A taxicab permit that is not renewed by the close of business on January 25, or, if January 25 is not a business day, by the close of business on the next business day after January 25, or within twenty-five days following the expiration of any period of suspension under this chapter shall lapse and shall not be renewed. (Ord. 1060 §5, 1998; Ord. 678 §1, 1983; Ord. 512 §1 (part), 1978)

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5.40.015 Limousine permit required. (a) No person may provide limousine service without first obtaining a permit from the city, and no person may operate or cause to be operated any vehicle as a limousine unless that vehicle is described on such a permit.

(b) Limousine permits shall be renewed annually and shall be valid from January 1 through December 31 of each year. (Ord. 1066 §1, 1998)

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5.40.020 Permits limited. (a) The number of taxicab permits issued under this chapter shall not exceed twenty-six. The maximum number of permits may be increased or decreased by the council as determined to be necessary to meet the needs of the citizens. A decrease in the maximum number of permits shall not cause a revocation, denial, or renewal of any existing license.

(1) The council may consider a request for an increase in the maximum number of permits based upon an application for a permit. If the council determines that the application or attachments to it establish reasonable grounds to believe that an additional permit or permits should be issued, the council shall schedule a public hearing on the application. At the hearing, the applicant has the burden of proving by clear and convincing evidence that the public convenience and necessity requires the issuance of an additional permit. Any interested person may testify at the hearing.

(2) If the council determines that the public convenience and necessity would be served, it shall direct the issuance of a permit or permits for a probationary period of ninety days. At the end of the probationary period, the council shall be provided with full and complete records of all passengers carried and other requested materials. If the council determines that the operation is satisfactory and that the need for the additional service has been established, a permanent permit shall be issued.

(b) No person may hold or own, directly or indirectly, any interest in more than one-third, increased to the nearest whole number, of all taxicab permits authorized to be issued at any one time. For purposes of this subsection, a person is an indirect owner of an interest in a taxicab permit if the permit is owned or held by a spouse, parent, brother, sister, or child, or if that person is a partner or shareholder of an entity to which a permit is issued.

(c) Upon lapse of a permit under section 5.40.010(c) or revocation of a permit under section 5.40.120, the council shall determine whether the number of authorized permits should be reduced. If the number of authorized permits is not reduced, the council shall publish and post notice to the public that applications for the taxicab permit in question are being accepted. If more eligible parties apply than there are permits available, then the new permit holder(s) shall be determined by lot. A former holder of a lapsed permit shall not be an eligible applicant for a taxicab permit, whether to be issued, transferred or leased, for a period of one year.

(d) The number of limousine permits issued under this chapter shall not be limited. (Ord. 1066 §2, 1998; Ord. 924, 1991; Ord. 678 §2, 1983; Ord. 518 §1, 1978; Ord. 512 §1 (part), 1978)

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5.40.030 Application for taxicab or limousine permit. (a) A completed application for a taxicab or limousine permit shall be submitted to the city clerk on a form provided by the city clerk. The application shall include, but not be limited to, the following information:

(1) The name and address of the applicant;

(2) The nature of the business entity, if other than a natural person, and the name and address of each owner, partner, member, shareholder, and director;

(3) The name under which the applicant will conduct business;

(4) The make, model, year of manufacture, engine or serial number, and Alaska license number of a vehicle registered to the applicant which will be operated under the taxicab or limousine permit; and

(5) The name, address, and telephone number of the licensed dispatch service to be utilized by the applicant, or the address and telephone number of the self-dispatched applicant, and a description of any distinctive color scheme utilized by the dispatch service or self-dispatched applicant, including any lettering or numbering, which will be applied to the exterior of the taxicab prior to utilization.

(b) The application shall be accompanied by:

(1) Any required fees established by resolution or motion of the city council.;

(2) An insurance policy or certificate of insurance reflecting coverage by a company authorized to do business in this state for personal injury or property damage arising or resulting from the operation or use of the vehicle described in the application, including uninsured motorist coverage, with limits of not less than one hundred thousand dollars for bodily injury or death for one person, three hundred thousand dollars for bodily injury or death to two or more persons in any one accident, and $50,000 for injury or destruction to property of others in any one accident. The policy or certificate shall reflect a provision in or rider to the policy requiring written notice to the city not less than thirty days prior to cancellation of the policy;

(3) A letter from a licensed dispatch service stating that the dispatch service has agreed to provide the applicant with services or a copy of the dispatch license for a self-dispatched applicant; and

(4) A full and complete set of fingerprints taken by the Kodiak police department or a copy of the applicant's current chauffeur's license. (Ord. 1066 §3, 1998; Ord. 1060 §6, 1998; Ord. 1041 §1, 1997; Ord. 938 §10, 1992; Ord. 876 §1 & §2, 1990; Ord. 512 §1 (part), 1978)

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5.40.040 Qualifications of applicant. An applicant for a taxicab or limousine permit, including all partners and all officers, directors, and persons holding a controlling interest in a corporation, partnership, or association, shall possess the following qualifications:

(a) Not be addicted or habituated to the use of intoxicants, narcotics, or hallucinogenic drugs;

(b) Be of good moral character and reputation;

(c) Have had no felony conviction for five years prior to the date of application and no conviction at any time of a felony or misdemeanor involving sexual misconduct, assault with a deadly or dangerous weapon, use of or traffic in narcotics or dangerous drugs, or traffic in women for immoral purposes; and

(d) Be at least nineteen years of age. (Ord. 1066 §4, 1998; Ord. 839 §1, 1988; Ord. 512 §1 (part), 1978)

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5.40.050 Vehicle equipment and inspection. (a) Prior to issuance or renewal of a taxicab or limousine permit, a vehicle safety inspection by a qualified mechanic (from a list supplied by the city) is required. This physical examination will determine if the vehicle for which the permit will be issued is mechanically safe for operation, properly equipped to comply with all existing requirements, appropriately lettered and numbered, and suitable for public patronage and occupancy. (Ord 1041 §2, 1997)

(b) Vehicles to be utilized as taxicabs shall be marked and equipped as follows:

(1) The taxicab permit number assigned to the vehicle and the dispatch service identification shall be affixed to each side of the vehicle or set forth on an illuminated toplight structure affixed to the vehicle, in readable letters which are not less than two nor more than twelve inches high. No detachable signs may be used; and

(2) A light of not less than two candlepower shall be so arranged as to illuminate the entire passenger compartment of the vehicle while passengers are entering or exiting; and

(3) No shades or blinds shall be installed or affixed for purposes of covering the windows of the vehicles while transporting passengers.

(1) A light of not less than two candlepower shall be so arranged as to illuminate the entire passenger compartment of the vehicle while passengers are entering or exiting; and

(2) No shades or blinds shall be installed or affixed for purposes of covering the windows of the vehicles while transporting passengers. (Ord. 1066 §5, 1998; Ord. 876 §3, 1990; Ord. 512 §1 (part), 1978)

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5.40.060 Processing of application for taxicab or limousine permit. (a) Following the inspection of the vehicle, review of an application for issuance of a taxicab or limousine permit, and investigation of any facts or circumstances relating to the applicant, the city clerk shall endorse the application with a recommendation for approval or denial and forward it to the council. If the city clerk anticipates recommending a denial, the city clerk shall notify the applicant verbally or in writing of the proposed denial and shall arrange a conference within three working days to discuss the basis for the proposed denial. The conference shall be informal but the applicant may submit evidence bearing on the application.

(b) If the council approves the issuance of a permit based upon the recommendation of the city clerk or upon a decision of an appeal to the council, the permit shall be issued by the city clerk.

(c) An application for the annual renewal of a taxicab or limousine permit or for a change of vehicle may be approved or denied by the city clerk, subject to the provisions of section 5.40.110. Any such denial may be appealed to the council according to the provisions of section 5.40.120(c).

(Ord 1066 §6, 1998; Ord. 1041 §3, 1997; Ord. 876 §4, 1990; Ord. 512 §1 (part), 1978)

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5.40.070 Additional inspections. Supplementary inspections of each vehicle for which a taxicab or limousine permit is issued shall be required not less than once during each calendar quarter. Additional inspections may be required at such times as may reasonably appear to be necessary due to accidents, repairs, or other circumstances which might adversely affect the safety of the vehicle or the continuing conformance of the vehicle to the requirements of this chapter. (Ord. 1066 §7, 1998; Ord. 876 §5, 1990; Ord. 512 §1 (part), 1978)

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5.40.080 Transfer, lease, or change of taxicab permit or vehicle. (a) A permittee may not sell, transfer, lease, assign, or otherwise grant any right or interest in or to a taxicab permit to any other person without the prior approval of the city council. The council shall permit the sale, lease, transfer, or assignment to another person who otherwise satisfies the qualifications established by this chapter, upon payment of any transfer fees, which may be established by resolution or motion, if the council finds that the transferee is able to provide the required service and that the sale, lease, transfer, or assignment of the permit will be in the public interest.

(b) Repealed.

shall not have a vested right to the permit or its transfer, and the approval of such transfer shall be wholly within the discretion of the council.

(d) A transfer of any interest in a corporation or other business entity which results in a change in control shall be considered as a transfer requiring approval under the provisions of this section.

(e) Notwithstanding any other provision of this chapter, a person who purchases, leases, or otherwise obtains an interest in a taxicab permit which is subject to voluntary suspension pursuant to section 5.40.105 of this chapter, or who requests the voluntary suspension of an otherwise active permit immediately after purchasing, leasing, or otherwise acquiring it, need not identify the vehicle which will be operated under the permit or comply with the inspection and insurance provisions of this chapter with respect to said vehicle as a condition to transfer of the permit so long as all said provisions are met before a vehicle is actually operated under the permit. (Ord. 938 §11, 1992; Ord. 876 §6, 1990; Ord. 787, 1986; Ord. 512 §1 (part), 1978)

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5.40.085 Limousine permits nontransferable. Limousine permits are not transferable under any circumstances. (Ord. 1066 §8, 1998)

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5.40.090 Change of vehicles. The holder of the taxicab or limousine permit shall notify the city clerk immediately upon the destruction, substantial damage, loss, or sale of a motor vehicle described in the permit. The permit shall be immediately suspended and shall not be reinstated until the vehicle has been repaired and inspected as required in subsection 5.40.050(a) or a substitute vehicle registered to the permittee has been inspected and a substitute permit issued. If a damaged vehicle is not repaired and placed back in service, or replaced, within forty-five days after substantial damage, the permit for the vehicle shall be revoked. If the permittee provides the city clerk with a statement from an automobile repair shop advising that required parts are not available, the city clerk may extend the time to repair the vehicle for a period not to exceed an additional ninety days. Any required fees established by resolution or motion of the city council shall be remitted with an application for the substitute permit. (Ord. 1066 §9, 1998; Ord. 1060 §7, 1998; Ord. 938 §12, 1992; Ord. 876 §7, 1990; Ord. 512 §1 (part), 1978)

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5.40.100 Responsibilities of taxicab and limousine permittees. (a) The taxicab or limousine permittee shall be responsible for the collection and timely remittance to the city of sales taxes for transportation services provided under the permit.

(b) The taxicab or limousine permittee shall maintain a written record of all dispatches of the vehicle operated under the permit, including the names of all chauffeurs and the dates and hours during which they utilized the vehicle. The records shall be available for inspection by an authorized employee of the city during reasonable business hours, and shall be maintained and preserved by the permittee for a period of not less than two years.

(c) The taxicab or limousine permittee shall maintain the vehicle identified in the permit in good condition and repair at all times. The inspections conducted by an approved mechanic shall not diminish permittee's responsibility with regard to the condition of the vehicle, nor shall it constitute an assumption of all or any part of that responsibility by the city of Kodiak.

(d) A taxicab shall carry a legible notice or placard setting forth the fares charged to passengers, which shall be posted in the taxicab at a location designated by the city clerk.

(e) Violation of any law, including the ordinances codified in this chapter, by a driver, whether

the driver is an employee of the permittee or an independent contractor, shall be imputed to the permittee for purposes of any action to revoke or suspend the permit if it is shown to be more likely than not that the permittee knew or should have known of the violation. (Ord. 1066 §10, 1998; Ord. 1060 §8, 1998; Ord. 1057 §2, 1997; Ord. 876 §8 & §9, 1990; Ord. 512 §1 (part), 1978)

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5.40.102 Limousine service. (a) No permittee or chauffeur may provide limousine service other than through a service agreement signed by the customer and the permittee or permittee's authorized agent executed at least one hour in advance of the beginning of the limousine service.

(b) The service agreement shall include the business name of the limousine service, notation of the date and time the customer first requested the service, the date and time service is requested to start, the customer's name, mailing address, and telephone number, the anticipated duration of the service, and the hourly or contract fee for the service.

(c) An original, executed copy of the service agreement shall be carried in the limousine and available to the passengers at all times during the limousine service it covers.

(d) A trip report shall be kept for each limousine service agreement and shall include the name of the chauffeur providing the service, the customer's name, and the date and time the service actually began, which all shall be entered on the report at the beginning of the service, and shall include the date and time the service terminated, which shall be entered on the report immediately after termination of the service. This report may be kept on a separate sheet which shall be attached to and filed with the service agreement or it may be printed on the service agreement beneath the signatures.

(e) The service agreement and trip report shall be available for inspection by an authorized employee of the city during reasonable business hours, and shall be maintained and preserved by the permittee for a period of not less than two years.

(f) Only a limousine permittee may accept requests and make arrangements for limousine service.

(g) The business office of any limousine service operating within the boundaries of the city of Kodiak shall be located inside the city. (Ord. 1066 §11, 1998)

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5.40.105 Voluntary suspension. The council may, upon application by the owner of a taxicab permit, authorize a voluntary suspension of the permit for a single period not to exceed six months in any calendar year if the council determines that the suspension, when considered in connection with any other suspension, is required by reduced seasonal passenger traffic, or will not adversely affect the public convenience and necessity, and is reasonably necessary for the economic welfare of the applicant. (Ord. 876, §10, 1990; Ord. 678 §3, 1983)

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5.40.110 Grounds for denial, suspension, or revocation. A taxicab or limousine permit may be denied, suspended, or revoked for any of the following reasons:

(a) Falsification of any statement or information in the application for taxicab permit;

(b) Violation by the permittee or any of the permittee's chauffeurs of any of the provisions of this chapter or of any applicable provision of city or state law relating to the use or operation of a taxicab;

(c) Violation by a taxicab permittee of any standard zone fare charge that is established by the dispatch company utilized by the permittee pursuant to the provisions of this chapter;

(d) Failure of the permittee to collect or timely remit sales taxes due on fares for transportation services rendered under the permit;

(e) The cancellation of the insurance required by this chapter and permittee's failure to acquire replacement prior to the effective date of that cancellation;

(f) Conviction of the permittee, or any officer, manager, director, or controlling shareholder thereof, of any of the following:

(1) A felony or a misdemeanor involving moral turpitude or a sexual offense;

(2) A felony involving a crime of violence;

(3) A felony or a misdemeanor involving the use of, or possession of, or traffic in a controlled substance as defined in AS 11.71.900(4);

(4) A felony, any portion of the sentence of which was served within five years immediately preceding the application;

(5) Reckless driving on two or more occasions within a twelve month period occurring within one year immediately preceding the application or at any time after its issuance; and

(6) Operating a motor vehicle while under the influence of drugs or intoxicating liquor on one or more occasions within a twelve month period occurring within one year immediately preceding the application or at any time after its issuance;

(g) Failure of a taxicab permittee to provide service for at least one hundred twenty hours during each month that a suspension of the permit is not in effect; or

(h) Knowingly permitting a taxicab or limousine to be operated by a person under the influence of alcohol, a prohibited drug, or a combination thereof.

(i) No limousine permit will be issued for a vehicle that does not conform to the definition of a limousine hereinafter provided. (Ord. 1083 § 1, 1998; Ord. 1066 §12, 1998; Ord. 1057 §3, 1997; Ord. 711, 1984; Ord. 678 §4, 1983; Ord. 512 §1 (part), 1978)

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5.40.120 Procedure for denial, suspension, or revocation of taxicab or limousine permit. (a) Prior to initiation of a proceeding to suspend or revoke a taxicab or limousine permit, the city clerk shall issue a notice of noncompliance to the permittee, containing a brief statement of facts indicating a noncompliance with applicable provisions that would warrant action against the vehicle permit. If the noncompliance is correctable, the notice shall specify a period of time not to exceed thirty days, within which permittee may demonstrate compliance with the provisions to avoid action against the permit. A notice of noncompliance shall not be used for any violation that would create a danger of risk to the public or any passenger of permittee.

(b) A proceeding for the denial, suspension, or revocation of a taxicab or limousine permit may be initiated by the city clerk or by another person having knowledge regarding facts creating a basis for such action by filing a written summary of those facts with the city clerk and requesting action against the permit. Following review of the statement and completion of an investigation into the alleged facts, the city clerk shall schedule a hearing on not less than ten days written notice to the applicant, or permittee, and any other person who has requested that the proceeding be instituted. The notice shall give the time and place of hearing and a statement of the grounds alleged for the proposed action. Upon request, the city clerk shall provide the applicant or permittee with a photocopy of any statement upon which the action was initiated. At the hearing, the applicant or permittee may be represented by counsel and shall have the right to testify, present witnesses and to cross-examine other witnesses presented. Following the hearing the city clerk shall deny or approve the permit or shall revoke or suspend an existing permit in accordance with the mandates and standards of this chapter.

(c) If the city clerk denies, suspends, or revokes a taxicab or limousine permit, the applicant or permittee may appeal to the city council by filing a written notice of appeal with the city clerk

within twenty days from the date of the clerk's decision. The notice shall state the grounds for appeal; and no issues, other than those stated in the notice, shall be considered by council on appeal. Upon receiving a timely notice of appeal, the city clerk shall put the appeal on the agenda for a public hearing at the next regular council meeting scheduled not less than seven days after receipt of the notice of appeal. Council may, in its discretion, determine to hear the appeal on the record, including any affidavits, summaries of testimony, or other exhibits and evidence submitted to the clerk, supplemented by briefs and arguments, or to hear the appeal de novo. At the close of the hearing, council may modify, revoke, rescind, or affirm the decision of the city clerk. The filing of a notice of appeal does not stay or suspend the clerk's action.

(d) Notwithstanding the provisions of subsections (a) through (c) of this section, a taxicab or limousine permit shall be immediately suspended upon permittee's failure to maintain insurance required by subsection 5.40.030(b)(2), to timely return a quarterly inspection report as required by section 5.40.070, or upon a determination by the police chief, or other designee of the city manager, that the taxicab or limousine for which the permit was issued fails to comply with applicable vehicle codes and that the deficiency creates an immediate and substantial risk of harm to passengers or the public if the vehicle is used for hire. The suspension shall remain in effect until the insurance is obtained or the vehicle deficiency is corrected, or until conclusion of any other action against the permit for those violations, whichever last occurs. (Ord. 1066 '13, 1998; Ord. 1057 §4, 1997; Ord 1041 §4, 1997; Ord. 1019 §1, 1995; Ord. 876 §11, 1990; Ord. 512 §1 (part), 1978)

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5.40.130 Dispatch service license. (a) No person may engage in the business of dispatching taxicabs or other vehicles for hire within the City of Kodiak limit without first obtaining a dispatch service license from the city.

(b) An application for a dispatch service license shall be submitted to the chief of police on the form supplied by the police department. The application shall be accompanied by any required fees established by resolution or motion of the city council. The application shall include, but not be limited to, the following:

(1) The name and business address of the applicant;

(2) The nature of the business entity, if other than a natural person, the name and address of each owner, partner, member, shareholder, and director;

(3) The name under which the applicant will conduct business;

(4) The color scheme, if any, and lettering to be utilized on vehicles dispatched by the applicant; and

(5) A tariff of taxicab fares by zones, for all trips either commencing or terminating in the city and for all trips passing through any point in the city. The tariff may be in the form of a zone map and shall depict the various fares from one zone to another and shall also set forth the rates for standing and for additional passengers if such charges are levied.

(c) An applicant for a dispatch service license shall satisfy the qualifications established by section 5.40.040 of this chapter.

(d) Dispatch service licenses shall be renewed annually and shall be valid from January 1 to December 31 of each year. (Ord. 1137 §2, 2002; Ord. 938 §9, 1992; Ord. 512 §1 (part), 1978)

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5.40.140 Approval of tariffs. If a dispatch license is approved, the tariffs submitted with the application shall be filed with the city clerk and may not be changed without the prior approval of the council. An application for change in tariff rates shall be considered after a public hearing

and the proposed change shall be approved only if the council determines it to be in the best public interest. (Ord. 512 §1 (part), 1978)

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5.40.150 Regulation of dispatch service. (a) A dispatch service shall provide twenty-four hour telephone coverage to respond to requests for services by the public.

(b) The licensee shall submit for city council review and approval all rules of operation under

the license. Any change in approved rules must be submitted for approval prior to implementation of the change. The city council shall review and rule on any proposed changes in the rules of operation promptly following their submission.

(c) The licensee shall maintain a system of records of all dispatches, including, but not limited to, the name of the chauffeur, point of pickup, destination, date, and time. The system of keeping records shall be subject to the approval of the city manager, and the records shall be retained for a period of not less than two years. The records shall be made available for inspection by the city manager, police chief, or their designees, identified in writing, upon demand.

(d) Each licensee shall maintain, with the Kodiak police department, a current list of taxicabs utilizing the dispatch service, including the city permit number and the name of the owner. The dispatch of any taxicab not included on the list shall be grounds for suspension or revocation of the license.

(e) No licensee shall dispatch taxicabs of more than one business name without specific approval of the city council.

(f) The licensee shall file with the police chief a copy of each contract or agreement under which dispatch service is furnished.

(g) A licensee may not unreasonably refuse to dispatch a taxicab operated under a valid taxicab permit; provided, however, that a licensee may condition the availability of dispatch service on the execution of an agreement, establishing dispatch fees, reasonable rules and regulations relating to the appearance and conduct of the chauffeurs, maintenance and operation of vehicles, and other conditions reasonably related to the operating licensee's business. (Ord. 1080, §1, 1998; Ord. 933, 1992; Ord. 512 §1 (part), 1978)

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5.40.152 Grounds for denial, suspension, or revocation of a taxicab dispatch license. A taxicab dispatch license may be denied, suspended, or revoked for any of the following reasons:

(a) Falsification of any statement or information in the application for taxicab dispatch service license;

(b) Violation by the licensee or any of the licensee's employees of any of the provisions of this chapter or of any applicable provision of city or state law relating to the use or operation of a taxicab dispatch service;

(c) Failure of licensee to maintain a system of dispatch records or failure to make those records available for inspection as specified in this chapter;

(d) Failure of the licensee to collect or timely remit sales taxes due on commissions for dispatch services rendered under the license;

(e) Conviction of the licensee, or any officer, manager, director, or controlling shareholder thereof, of any of the following:

(1) A felony or a misdemeanor involving moral turpitude, a sexual offense, or contributing to the delinquency of a minor;

(2) A felony involving a crime of violence;

(3) A felony or a misdemeanor involving the use of, or possession of, or traffic in a controlled substance as defined in AS 11.71.900(4);

(4) A felony, any portion of the sentence of which was served within five years immediately preceding the application. (Ord. 1080, §2, 1998)

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5.40.154 Procedure for denial, suspension, or revocation of taxicab dispatch service license. (a) Prior to initiation of a proceeding to suspend or revoke a taxicab dispatch service license, the city clerk shall issue a notice of noncompliance to the permittee, containing a brief statement of facts indicating a noncompliance with applicable provisions that would warrant action against the license. If the noncompliance is correctable, the notice shall specify a period of time not to exceed thirty days, within which licensee may demonstrate compliance with the provisions to avoid action against the license. A notice of noncompliance shall not be used for any violation that would create a danger of risk to the public or any passenger of a taxicab dispatched by the service.

(b) A proceeding for the denial, suspension, or revocation of a taxicab dispatch service license may be initiated by the police chief or by another person having knowledge regarding facts creating a basis for such action by filing a written summary of those facts with the city clerk and requesting action against the license. Following review of the statement and completion of an investigation into the alleged facts, the city clerk shall schedule a hearing on not less than ten days written notice to the applicant, or licensee, and any other person who has requested that the proceeding be instituted. The notice shall give the time and place of hearing and a statement of the grounds alleged for the proposed action. Upon request, the city clerk shall provide the applicant or licensee with a photocopy of any statement upon which the action was initiated. At the hearing, the applicant or licensee may be represented by counsel and shall have the right to testify, present witnesses and to cross-examine other witnesses presented. Following the hearing the city clerk shall deny or approve the license or shall revoke or suspend an existing license in accordance with the mandates and standards of this chapter.

(c) If the city clerk denies, suspends, or revokes a taxicab dispatch service license, the applicant or licensee may appeal to the city council by filing a written notice of appeal with the city clerk within twenty days from the date of the clerk's decision. The notice shall state the grounds for appeal; and no issues, other than those stated in the notice, shall be considered by council on appeal. Upon receiving a timely notice of appeal, the city clerk shall put the appeal on the agenda for a public hearing at the next regular council meeting scheduled not less than seven days after receipt of the notice of appeal. Council may, in its discretion, determine to hear the appeal on the record, including any affidavits, summaries of testimony, or other exhibits and evidence submitted to the clerk, supplemented by briefs and arguments, or to hear the appeal de novo. At the close of the hearing, council may modify, revoke, rescind, or affirm the decision of the city clerk. The filing of a notice of appeal does not stay or suspend the clerk's action. (Ord. 1080, §3, 1998)

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5.40.160 Chauffeur's license required -- valid period. (a) No person may operate or drive a taxicab, limousine, or other for-hire vehicle upon any city street unless the person is licensed as a chauffeur under this chapter.
(b) A chauffeur's license shall be issued initially for a term that expires on the first day of the month of the applicant's second birthday after the date of issuance; however, any license issued less than four months before the first day of the month of the applicant's birthday shall be issued for a term that expires on the first day of the month of the applicant's third birthday after the date of issuance. Chauffeur licenses shall be renewable biennially on the first day of the month of the applicant’s birthday and shall be valid for two years from the date of renewal. The application or renewal fee for a chauffeur's license that is issued for a period of other than two years shall be prorated.
(c) A chauffeur's license is not required to drive a public or private school bus. (Ord. 1157 §1. 2003; Ord. 1104, 2000; Ord. 1066 §14, 1998; Ord. 512 §1 (part), 1978)

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5.40.170 Application for chauffeur's license. (a) An application for a chauffeur's license shall be submitted to the chief of police on a form provided by the police department. The information provided shall include, but not be limited to, the full name, address, and birth date of the applicant.

(b) The applicant shall submit with the license application:

(1) The application shall be accompanied by any required fees established by resolution or motion of the city council;

(2) A photograph taken by the police department;

(3) A full set of fingerprints taken by the police department; and

(4) A completed medical examination report, certified by a licensed physician, on a form provided by the police department. (Ord. 951 §5, 1993; Ord. 876 §12, 1990; Ord. 678 §5, 1983; Ord. 536 §1, 1978; Ord. 512 §1 (part), 1978)

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5.40.180 Qualifications of applicant. (a) An applicant for a chauffeur's license shall:

(1) Be at least nineteen years of age;

(2) Possess a valid state of Alaska driver's license and demonstrate familiarity with the traffic laws of the city of Kodiak and the state of Alaska; and

(3) Possess a medical certificate establishing the applicant's health meets the minimum standards of 13 AAC 08.025(a)(l) through 13 AAC 08.025(a)(8); and

(4) Submit to a city-approved drug testing facility or contractor a urine sample to be tested for the presence of prohibited drugs.
(b) A person is not qualified to receive a chauffeur's license if:

(1) The person has been convicted of an offense involving traffic in women for immoral purposes, prostitution, soliciting for prostitution, pimping, or other sexual offenses;

(2) The person has been convicted of a felony involving a crime of violence;

(3) The person has been convicted of a felony, any portion of the sentence of which was served within five years immediately preceding the application; or

(4) The person is habituated or addicted to alcohol, narcotics, or dangerous drugs; or

(5) The person tests positive for the presence of one or more prohibited drugs in his or her urine.

(c) Possession of a valid state school operator's permit demonstrates satisfactory compliance with subsections (a)(3) of this section. (Ord. 1057 §5, 1997; Ord. 761, 1985; Ord. 536 §2, 1978; Ord. 512 §1 (part), 1978)

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5.40.190 Processing chauffeur applications. (a) Upon receipt of a completed application for a new license, accompanied by the required fee, and upon determination that the applicant is qualified under 5.40.180(a), the chief of police may issue a temporary license. The temporary chauffeur's license shall be valid for forty-five days, unless sooner revoked or suspended, and during that period a complete investigation of the applicant's background and qualifications shall be conducted. When an applicant is determined to be qualified, the chief of police shall issue a chauffeur's license and an identification photograph or placard.

(b) Applications for renewal of a chauffeur's license shall be submitted not later than thirty days prior to the expiration of the current license. (Ord. 536 §3, 1978; Ord. 512 §1 (part), 1978)

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5.40.195 Pre-licensing drug tests. An applicant for a chauffeur's license must provide a urine sample to be tested for the presence of prohibited drugs and that sample must produce a negative test result before a chauffeur's license will be issued. (Ord. 1057 §1, 1997)

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5.40.196 Random drug tests. (a) The holder of a chauffeur's license whose name is selected at random in accordance with paragraph (b) of this section shall report to a drug testing facility, collection point or contractor designated by the city and shall provide a sample of his or her urine to be tested for the presence of prohibited drugs within twelve hours after having been notified to do so by the city manager or the city manager's designee. The city manager may designate a person or entity under contract to the city to carry out the random selection and notification of persons required to submit samples under this paragraph as well as the testing of those samples.

(b) At the beginning of each calendar year the pool from which candidates for random drug tests shall be chosen shall consist of the names of the holders of all then current chauffeur's licenses issued by the city. The name of anyone chosen for and submitting to a random drug test shall be removed from the pool for the remainder of that calendar year and the name of anyone obtaining a new chauffeur's license shall be added to the pool within one month after the license is issued. A person holding a chauffeur's license but not actually using it to operate a taxicab within the city may have his or her name removed from the random selection pool by so notifying the chief of police and turning in the chauffeur's license.

(c) The city shall endeavor to have approximately one-half of the holders of chauffeur's licenses tested at random for prohibited drugs within any given calendar year, however a failure to meet this goal shall not be grounds for challenging an otherwise valid drug test or reducing or eliminating the consequences of a positive test. (Ord. 1057 §1, 1997)

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5.40.197 Post accident drug tests. Unless prevented from doing so by injury the operator of a taxicab which is involved in a traffic accident within the city shall provide a sample of his or her urine to be tested for the presence of prohibited drugs as soon as practicable, and in any event within twenty-four hours after the accident if (i) the accident resulted in a fatality or an injury to any person which required medical attention other than at the accident scene, (ii) damaged at least one vehicle to such an extent that it had to be towed from the scene, or (iii) the operator was cited for a moving traffic violation in connection with the accident. (Ord. 1057 §1, 1997)

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5.40.198 Reasonable suspicion drug tests. The operator of a taxicab shall provide a sample of his or her urine to be tested for the presence of prohibited drugs when requested to do so by a police officer who as a result of observing the operator's speech, driving or other conduct has a reasonable suspicion that he or she has been operating a taxicab under the influence of a prohibited drug or the combined influence of a prohibited drug and alcohol. (Ord. 1057 §1, 1997)

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5.40.199 Consequences of a positive drug test. (a) Any person who tests positive for prohibited drugs as a result of a test authorized by this chapter shall be notified of the result and given at least 72 hours following notification within which that person shall have the right to:

(i) Request a re-test of the urine sample which tested positive, and/or

(ii) Provide evidence that the prohibited drug or drugs for which the person tested positive were present in the person's urine as the result of having been prescribed by a state licensed medical doctor.

If a retest is requested, no action shall be taken against the person's chauffeur's license until the results of the retest are known.

(b) An applicant for a chauffeur's license who tests positive for prohibited drugs shall be denied the license and may not reapply for at least six months thereafter. An applicant who tests positive a second time after once having been denied a chauffeur's license due to a positive drug test may not reapply for at least two years after the most recent positive test.

(c) A chauffeur's license will be suspended for six months the first time the holder tests positive following a random, post-accident or reasonable suspicion drug test and for two years the second or subsequent time the holder tests positive under such circumstances. A suspended chauffeur's license shall not be reinstated until and unless the holder has submitted to and passed a drug test equivalent to the pre-licensing drug test after the period of suspension has expired.

(d) For the purposes of this chapter a refusal to submit to a drug test when otherwise required to do so or an attempt to adulterate a sample or sabotage or invalidate the results of a drug test shall be treated the same as a positive test. (Ord. 1057 §1, 1997)

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5.40.200 Display of identification. (a) The identification photograph or placard shall be displayed by the licensee while operating a taxicab, at a location within the vehicle designated by the chief of police.

(b) No person other than the licensee, vehicle permit holder, or a person authorized by one of them, may remove or detach identification displayed as required by this section. (Ord. 512 §1 (part), 1978)

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5.40.210 Prohibited activities. A licensed chauffeur may not:

(a) Operate a taxicab, limousine, or other for-hire vehicle within the city if a license or permit required by this chapter has not been issued for the vehicle or if that license or permit is not currently in full force and effect;

(b) Charge a fare different from that authorized by the applicable tariff approved by the council;

(c) Drive a taxicab or other for-hire vehicle in which the applicable tariff or notice of charges has not been posted in a manner so that it will be visible to passengers;

(d) Solicit passengers for hire, cruise the streets or other public places in the city for the purpose of obtaining or inviting business, or attract or attempt to attract the attention of members of the public by word of mouth, signal, nod, or other demonstration while in motion or parked;

(e) Park a taxicab or other for-hire vehicle, other than a limousine, not clearly marked "Not in Service" upon any city street or public place not authorized and designated as a bus or cab stand, except for the purpose of immediately loading or unloading passengers;

(f) Refuse to convey an orderly person or persons upon request and tender of the proper fee, unless currently engaged or unable or forbidden to do so by the provisions of this chapter or the laws of the state of Alaska;

(g) Operate or remain in physical control for purposes of operating a taxicab, limousine, or other for-hire vehicle for a period of time in excess of twelve consecutive hours, or for a period in excess of sixteen nonconsecutive hours in any twenty-four hour period. As used in this subsection "physical control" means having the vehicle accessible or being available for dispatch;

(h) Transport or offer to transport additional passengers in an occupied taxicab without the permission of the passengers occupying the cab; or

(i) Consume any intoxicating liquor or consume any drug that negatively affects one's ability to operate a motor vehicle while on a work shift or within four hours preceding operation of a taxicab, limousine, or other for-hire vehicle. (Ord 1066 §15, 1998; Ord. 1019 §2, 1995; Ord. 695 §14, 1983; Ord. 512 §1 (part), 1978)

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5.40.220 Denial, suspension, or revocation of chauffeur's license. (a) A chauffeur's license may be denied, or suspended, for any of the following reasons:

(1) Falsification of any statement or information;

(2) Violation of any provision of this chapter;

(b) A chauffeur's license shall be denied, suspended, or revoked for any of the following reasons:

(1) Suspension or revocation of the licensee's Alaska driver's license;

(2) Conviction of a felony, conviction of a misdemeanor involving moral turpitude, or conviction of any sexual offense; or

(3) Conviction of reckless driving, negligent driving, or operating a motor vehicle while under the influence of drugs or intoxicating liquor within five years preceding the application or an any time after its issuance. (Ord. 1057 §6, 1997)

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5.40.224 Procedure for denial, suspension, or revocation of chauffeur's license. (a) Prior to initiation of a proceeding to deny or suspend a chauffeur's license under sub-section 5.40.220(a), the police chief shall issue a notice of noncompliance to a licensee containing a brief statement of facts indicating the grounds that would warrant action against the license. If the grounds comprise a correctable defect, the notice shall specify a period of time not to exceed thirty days, within which the licensee may demonstrate compliance with the provisions to avoid action against the license. A notice of noncompliance shall not be used for any violation that would create a danger of risk to the public or any passenger of licensee. No prior notice shall be required for any denial, suspension, or revocation under sub-section 5.40.220(b).

(b) A proceeding for the denial, suspension, or revocation of a chauffeur's license may be initiated by the police chief or by another person having knowledge regarding facts creating a basis for such action by filing a written summary of those facts with the city clerk and requesting action against the license. Following review of the statement and completion of an investigation into the alleged facts, the city clerk shall schedule a hearing on not less than ten days written notice to the applicant or licensee, and any other person who has requested that the proceeding be instituted. The notice shall give the time and place of hearing and a statement of the grounds alleged for the proposed action. Upon request, the city clerk shall provide the applicant or licensee with a photocopy of any statement upon which the action was initiated. At the hearing, the applicant or licensee may be represented by counsel and shall have the right to testify, present witnesses, and to cross-examine other witnesses presented. Following the hearing the city clerk may deny or approve the chauffeur's license or may revoke or suspend an existing license, subject to the provisions of 5.40.220 and this section.

(c) If the city clerk denies, suspends, or revokes a license the applicant or licensee may appeal to the city council by filing a written notice of appeal with the city clerk within twenty days from the date of the city clerk's decision. The notice shall state the grounds for appeal; and no issues,

other than those stated in the notice, shall be considered by council on appeal. Upon receiving a timely notice of appeal, the city clerk shall put the appeal on the agenda for a public hearing at the next regular council meeting scheduled not less than seven days after receipt of the notice of appeal. Council may, in its discretion, determine to hear the appeal on the record, including any affidavits, summaries of testimony, or other exhibits and evidence submitted to the clerk, supplemented by briefs and arguments, or to hear the appeal de novo. At the close of the hearing, council may modify, revoke, rescind, or affirm the decision of the city clerk, subject to the provisions of 5.40.220 and this section.

(d) Notwithstanding the provisions of subsections (a) through (c) of this section, a chauffeur's license shall be immediately suspended without prior notice upon a determination by the chief of police or other designee of the city manager that the licensee fails to comply with applicable city codes and that the deficiency creates an immediate and substantial risk of harm to passengers or the public if the licensee continues to drive. The suspension shall remain in effect until the deficiency is corrected, or until conclusion of any other action against the permit for those violations, whichever last occurs.

(e) Denial or suspension of a chauffeur's license for any offense described in KCC 5.40.220(a) shall not exceed thirty days for a first offense, shall not exceed six months for a second offense committed within five years of the most recent previous offense, and shall not exceed one year for any subsequent offenses committed within five years of the most recent previous offense.

(f) Upon suspension or revocation of a licensee's Alaska driver's license, licensee's chauffeur's license shall be suspended or revoked simultaneously with the action against the Alaska driver's

license, for not less than the same period. Any limiting conditions imposed on the suspension or revocation of an Alaska driver's license shall not be binding on the chauffeur's license.

(g) Upon conviction for any offense identified in KCC 5.40.220(b)(2) or KCC 5.40.220(b)(3), licensee's chauffeur's license shall be suspended for not less than thirty days for a first offense, not less than one year for a second offense committed within five years of the most recent previous offense, and not less than three years for a subsequent offense committed within five years of the most recent previous offense. (Ord. 1060 §10, 1998)

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5.40.230 Renewal of licenses and permits. Renewal of any taxicab permit, dispatch license, or chauffeur's license in force and good standing shall be granted automatically upon presentation of a proper application, certificate of insurance if required, and tender of the renewal fees, unless the chief of police has reason to believe that the applicant cannot meet the requirements of this chapter. (Ord. 1157 §2, 2003; Ord. 512 §1 (part), 1978)

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5.40.240 Taxi and bus stands. The council shall, by resolution, establish taxi stands and bus stands in such locations and in such numbers as the council may from time to time determine to be in the best public interest. No charge shall be levied for the use of such spaces by an appropriate vehicle properly licensed under this chapter. (Ord. 512 §1 (part), 1978) (Ref: Resolution Number 16-87)

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5.40.250 Definitions. As used in this chapter:

(a) "Chief of police" means the chief of police or authorized designee;

(b) "Cruise" means to drive on the street or other public areas in search of or with the intent of becoming available for solicitation by a passenger or passengers to whom the operator was not previously dispatched;

(c) "Substantial damage" means damage that can reasonably be expected to adversely affect passenger safety or comfort; and

(d) "Taxicab" means a motor vehicle other than a limousine used to transport passengers for a fee over routes that are not fixed, defined, or regulated by law.

(e) "Positive drug test" or to "test positive" for a prohibited drug means the identification of one or more prohibited drugs in the urine based on levels defined by the U.S. National Institute of Drug Administration" as confirmed by a laboratory certified by the U.S. Department of Health and Human Services but does not include any situation in which the presence of the prohibited drug or drugs has been shown to be more likely than not the result of a prescription issued by a state licensed medical doctor.

(f) "Prohibited drug" means the following substances:

(i) marijuana/cannabis (THC);

(ii) cocaine;

(iii) opiates;

(iv) phencyclidine (PCP);

(v) amphetamines.

(g) "Limousine" means a vehicle designated by its manufacturer as a limousine, designed to carry no more than eight passengers at one time, and which is operated to provide limousine service; provided, however, that for purposes of this chapter, "limousine" may also be construed to include a vehicle not designated by its manufacturer as a limousine, designed to carry no more than eight passengers at one time, and which is operated to provide limousine service, but only to the extent that no person may hold more limousine permits for such vehicles than for vehicles designated by their manufacturers as limousines.

(h) "Limousine service" means a business that transports passengers for a fee over routes that are not fixed, defined, or regulated by law, and which is differentiated from a taxicab business in that a limousine service is charged only by an hourly or contract rate for a minimum of one hour and whose operation emphasizes luxury accommodations as well as transportation services. (Ord. 1093, 1999; Ord. 1083 § 2, 1998; Ord. 1066 §16, 1998; Ord. 1057 §7, 1997; Ord. 1006, 1995; Ord. 512 §1 (part), 1978)

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CHAPTER 5.44
HOTEL REGISTRATION

5.44.010 Hotel registration

5.44.010 Hotel registration. All hotel operators shall require guests to register. All guests shall register. All hotels shall keep a permanent register of all persons staying in such hotel. (Ord. 695 § 20, 1983: CCK §4.7.12)

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CHAPTER 5.48
ALARM SYSTEMS

5.48.010 Definitions

5.48.020 Instructions for operation of a system; user responsible

5.48.030 Persons responding to activated alarms

5.48.040 Notifying police of alarms; records required

5.48.050 Local or audible alarm systems cutoff

5.48.060 Operational defects to be remedied

5.48.070 Automatic dialing and prerecorded telephone messages prohibited

5.48.080 Improper activation of alarm

5.48.090 Reserved

5.48.100 Licensing required; application; term; renewal

5.48.010 Definitions. As used in this chapter:

(a) "Alarm business" means any person engaged in the business of installing, planning the installation, servicing, maintaining, repairing, or replacing of alarm systems in the city of Kodiak.

(b) "Alarm condition" means an actual or attempted burglary, robbery, forced entry, or other crime.

(c) "Alarm system" means any mechanical equipment, or device which is designed to detect an unauthorized entry into any building or onto any property, or to direct attention to a robbery in progress and to signal the above occurrences either by a local or audible alarm or by a silent and remote alarm. Alarm systems shall not include alarms installed in motor vehicles which by their nature are mobile and are intended to prevent theft through the creation of a loud noise.

(d) "False alarm" means an alarm signal transmitted in the absence of an alarm condition.

(e) "Local or audible alarm" means an alarm that when activated makes a loud noise at or near the protected area or floods the site with light or both.

(f) "Person" includes any individual, partnership, corporation, or association.

(g) "Silent bypass or remote alarm" means an alarm without an obvious local indication that an alarm has been activated and which transmits a signal to a remote monitoring station.

(h) "User" means any person who owns, leases, or otherwise controls premises upon which an alarm system has been installed. (Ord. 791 (part), 1986)

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5.48.020 Instructions for operation of a system; user responsible. (a) Alarm businesses shall instruct its user customers orally and through written instructions on the proper operation of a system after it is installed. It shall be the responsibility of the user to see that all employees of businesses with installed alarm systems, or persons regularly using other premises on which an alarm is installed, are instructed in proper operating procedures to avoid false alarm signals.

(b) No person shall sell or offer to sell any alarm system by advertising or representing that it can be used automatically to summon the police for any reason. Any button installed in an alarm system and intended to be depressed manually for the purpose of summoning the police shall be referred to as a "silent bypass alarm" and instructions shall be given that it is not to be used unless there is an actual or attempted crime in progress.

(c) It shall be the responsibility of the user of an alarm system to cause the system to be maintained in reliable operating condition. (Ord. 791 (part), 1986)

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5.48.030 Persons responding to activated alarms. (a) Upon installation of any alarm system, the users shall provide the police department with the names and telephone numbers of at least two persons designated by the user who can reset or turn off the alarm system when needed. The user shall promptly notify the police department of any changes in the identity or phone numbers of those persons designated to respond. Upon notification of activation of an alarm, at least one such person designated by the user shall proceed immediately to the location of the activated alarm and render all necessary service and assistance to reset the alarm system. Responding personnel shall arrive on the scene within a reasonable time not to exceed thirty minutes after receiving notice of the alarm. It is unlawful for any such person to willfully and intentionally fail to appear and turn off any such alarm within thirty minutes after being notified by the police to do so.

(b) All silent or remote alarms maintained by any alarm business shall terminate in an office of such business. Whenever the alarm business has reason to believe there is a valid alarm it will immediately notify the police department. (Ord. 791 (part), 1986)

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5.48.040 Notifying police of alarms; records required. (a) Whenever any alarm business employee notifies the police department of an activated alarm system, the employee shall state the business name and furnish the address of the activated alarm, the name and type of establishment from which the alarm originated, the precise location of the alarm (if there is more than one floor or department), and the type of alarm; e.g., silent robbery, silent burglary, or ringer-type alarm.

(b) Alarm businesses that request police responses to an alarm signal shall maintain a record of all police calls stating the time, date, and location of the alarm. These records shall be made available to an authorized member of the police department during normal business hours. (Ord. 791 (part), 1986)

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5.48.050 Local or audible alarm systems cutoff. Every alarm which uses a local or audible alarm device shall be equipped with an automatic cutoff device set for sixteen minutes or less. (Ord. 791 (part), 1986)

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5.48.060 Operational defects to be remedied. The sensory mechanisms used in connection with alarm systems shall be adjusted to suppress false alarms so that the device will not be activated by impulses due to transient pressure changes in water pipes, short flashes of lights, wind noises such as the rattling or vibrating of doors or windows, vehicular noises adjacent to the installation, or other forces unrelated to genuine alarms. (Ord. 791 (part), 1986)

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5.48.070 Automatic dialing and prerecorded telephone messages prohibited. No person shall use or operate, attempt to use or operate, or cause to be operated, or arrange, adjust, program, or otherwise operate any device or combination of devices that will, upon activation, automatically dial or initiate a telephone call and deliver a prerecorded message to any telephone number assigned to the police department. (Ord. 791 (part), 1986)

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5.48.080 Improper activation of alarm. It is unlawful for anyone to activate any alarm system for the purpose of summoning police except in the event of an actual or attempted crime, or for anyone notifying the police of an activated alarm system and having knowledge that such activation was apparently caused by an electrical or other malfunction of the alarm system to fail at the same time to notify the police of such apparent malfunction. (Ord. 791 (part), 1986)

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5.48.090 Reserved. (Ord. 791 (part), 1986)

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5.48.100 Licensing required; application; term; renewal. All alarm systems must be licensed as follows:

    (a) Application: An annual license application shall be filed with the police department and will contain the following information:
        (1) Name, mailing address, and telephone number of the owner or leaseholder of the premises upon which an alarm system is installed;
        (2) Physical address of premises with installed alarm system;
        (3) Names and telephone numbers of at least two designated persons who can reset or turn off the alarm system;
        (4) Type of alarm (burglar, holdup, etc.);
        (5) A floor plan or line drawing accurately depicting the floor plan. This plan should include locations of doors, windows, and other access points as well as information on any hazardous materials, equipment, or other significant information concerning the premises; and
        (6) Installer or alarm business which monitors and services the alarm.
    (b) Term: The license will be issued for a term beginning May 1 and ending April 30, following approval of the police chief or the chief's designee.
    (c) License form: The license shall consist of an approved and current copy of the license application.
    (d) Renewal: License renewal shall consist of updating all information on the original application form. (Ord. 791 (part), 1986)

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