A. The following shall be additional requirements necessary to obtain a permit to operate under Section 5.24.200:
1. Employment, or an offer of employment, as a taxicab driver in the jurisdiction, including compliance with all of the requirements of the controlled substance and alcohol abuse testing program, shall be a condition of issuance of a driver’s permit.
2. The driver’s permit shall become void upon termination of employment.
3. The driver’s permit shall state the name of the employer.
4. The employer shall notify the city upon termination of employment.
5. The driver shall return the permit to the city upon termination of employment.
B. The operating permit shall include a registration of rates for the provision of taxicab transportation service.
C. Prior to issuance of the operating permit:
1. Drivers shall provide evidence of a negative test for each of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, before employment. Drivers shall test negative for these controlled substances and for alcohol as a condition of permit renewal or, if no periodic permit renewals are required, at such other times as the city shall designate. As used in this section, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent.
2. Procedures shall be substantially as in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, except that the driver shall show a valid California driver’s license at the time and place of testing, and except as provided otherwise in this section. Requirements for rehabilitation and for return-to-duty and follow-up testing and other requirements, except as provided otherwise in this section, shall be substantially as in Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations.
3. A test from another city shall be accepted as meeting the requirement in this section. Any negative test result shall be accepted for one year. However, an earlier negative result shall not be accepted as meeting the pre-employment testing requirement for any subsequent employment, or any testing requirements under the program other than periodic testing.
4. In the case of a self-employed independent driver, the test results shall be reported directly to the city, which shall notify the taxicab leasing company of record, if any, of positive results. In all other cases, the results shall be reported directly to the employing transportation operator, who may be required to notify the city of positive results.
5. All test results are confidential and shall not be released without the consent of the driver, except as authorized or required by law.
6. Self-employed independent drivers shall be responsible for compliance with, and shall pay all costs of, this program with regard to themselves. Employing transportation operators shall be responsible for compliance with, and shall pay all costs of, this program with respect to their employees and potential employees, except that an operator may require employees who test positive to pay the costs of rehabilitation and of return-to-duty and follow-up testing.
7. Upon the request of a driver applying for a permit, the city or county shall give the driver a list of the consortia certified pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations that the city knows offer tests in or near the jurisdiction.
8. No evidence derived from a positive test result pursuant to the program shall be admissible in a criminal prosecution concerning unlawful possession, sale or distribution of controlled substances.
9. For the purposes of this section, “employment” includes self-employment as an independent driver. (Ord. 913-02 § 26)