The commissioner shall, subject to the limitations provided in this section, establish by rule the maximum rates that a lessor may charge for the lease of a taxicab, including, to the extent permitted by law, rates for goods and services provided by the lessor in connection with such rental. The maximum rates shall be established at an amount determined by the commissioner to: (1) enable the lessor to receive adequate revenues to pay the lessor’s reasonable expenses and receive a just and reasonable rate of return on the lessor’s investment; and (2) provide for safe and adequate taxicab service within the city by providing lessees with an opportunity to earn a fair and reasonable income. In establishing such rates, the commissioner shall consider: (i) vehicle, equipment and license costs; (ii) asset depreciation; (iii) the costs of insurance, operation and maintenance, uninsured repairs, wages and salaries, garage storage, taxes, fees, two-way dispatching and administration, as well as all other periodic expenses paid by the lessor; (iv) the extent to which the lessor or persons who have invested in the lessor also have investments in other persons or entities who may benefit directly or indirectly from the lease; and (v) such other factors that the commissioner considers appropriate to further the purposes of this chapter.
The commissioner shall review periodically the maximum lease rates then in effect to ensure that such rates are consistent with the objectives expressed in this section. However, the commissioner may not revise the lease rate limitations in effect under this section more than once within any 12 month period unless the commissioner determines that extraordinary circumstances require the revision for the purposes of this section.
The commissioner may require all holders of taxicab licenses to provide such financial information as may be reasonably necessary to establish maximum lease rates under this section. Information that is submitted pursuant to this subsection shall be kept confidential and shall not be disclosed to the public.
Any licensee who imposes a lease rate or other charge in excess of that which is permitted under this section, or who fails to provide financial information that is required under subsection (c), or who otherwise violates this section shall be subject to a fine as set forth in section9-112-630" destination-id="JD_9-112-630">9-112-630, restitution payable to the chauffeur who was overcharged, and shall be subject to the suspension or revocation of the licensee’s taxicab license in the manner provided in this chapter and the rules and regulations adopted under this chapter. Each day that a violation continues, and each unlawful lease that is executed, shall constitute a separate and distinct offense. In addition, the commissioner may request the city to bring an action in an appropriate court for injunctive or other equitable relief for violations of this section.
This section shall apply to all leases that are entered into, amended or extended on or after the effective date of this section.
Each taxicab licensee must submit an affidavit at the time of renewal of his license indicating all lease rates, fees, and charges to be charged to public chauffeurs in connection with the leasing of the licensee’s taxicabs.
The commissioner may by rule specify a uniform format and language for all lease agreements.
Licensees must produce within three days copies of requested lease agreements to the commissioner upon the commissioner’s request for the same.
(Added Coun. J. 1-18-12, p. 19118, § 1)