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<division heading="Division 3. Duties of Licensees.">
  <section heading="Sec. 53-216. Notice of change of address.">
    <paragraph indent="1">Each licensee must notify the Department, in writing, not more than 2 business days after changing:</paragraph>
    <paragraph indent="1">(a)   a business or residential address;</paragraph>
    <paragraph indent="1">(b)   a required telephone number; or</paragraph>
    <paragraph indent="1">(c)   any officer, principal, partner, or managing agent, or any other person who effectively controls the operations of a licensee.</paragraph>
  </section>
  <section heading="Sec. 53-217. Quarterly reports.">
    <paragraph indent="1">(a)   Each licensee, or fleet or association on behalf of an affiliated individual licensee, must submit a quarterly report that:</paragraph>
    <paragraph indent="2">(1)   details all accidents involving any of its taxicabs to the Department on a form approved by the Director; and</paragraph>
    <paragraph indent="2">(2)   shows the mileage driven by the vehicle associated with each license.</paragraph>
    <paragraph indent="1">(b)   The Director may require a more frequent report.</paragraph>
  </section>
  <section heading="Sec. 53-218. Responsibility of licensees, affiliates, and drivers.">
    <paragraph indent="1">(a)   A licensee must not knowingly permit any taxicab to be operated in this County by a person who has:</paragraph>
    <paragraph indent="2">(1)   not been authorized to operate a taxicab under this Chapter; or</paragraph>
    <paragraph indent="2">(2)   tested positive for drugs or alcohol, as defined by applicable regulations, unless authorized by the Director.</paragraph>
    <paragraph indent="1">(b)   Each licensee must promptly take appropriate action when the licensee becomes aware from any source that a driver of a taxicab for which the licensee holds the license or regarding which the licensee is a party to an affiliation agreement has not complied with all requirements of this Chapter.</paragraph>
    <paragraph indent="1">(c)   Each licensee must exercise due diligence to monitor the activities of each driver of a taxicab for which the licensee holds the license or regarding which the licensee is a party to an affiliation agreement to assure that the driver complies with all requirements of this Chapter.</paragraph>
    <paragraph indent="1">(d)   Notwithstanding the legal status of any driver as an independent contractor rather than an employee of the licensee, for the purposes of this Chapter, the responsibility of each licensee for the conduct and performance of drivers under this Chapter:</paragraph>
    <paragraph indent="2">(1)   applies to each driver, including affiliates of the licensee; and</paragraph>
    <paragraph indent="2">(2)   prevails over any inconsistent contract or other agreement between a licensee and an affiliate or a driver.</paragraph>
    <paragraph indent="1">(e)   Any contract or other operating agreement between a licensee and any affiliate or driver must use the applicable uniform agreement adopted by regulation under Section 53-111 and must:</paragraph>
    <paragraph indent="2">(1)   inform the driver of:</paragraph>
    <paragraph indent="3">(A)   the driver’s obligation to comply with all requirements of this Chapter; and</paragraph>
    <paragraph indent="3">(B)   the licensee’s obligation to take appropriate action when the licensee becomes aware that a driver has not complied with any requirement of this Chapter;</paragraph>
    <paragraph indent="2">(2)   empower the licensee to take appropriate action, as required in subsection (b);</paragraph>
    <paragraph indent="2">(3)   not restrict a driver, affiliate, or taxicab owner from providing taxicab service in the County after the contract or agreement expires or is terminated;</paragraph>
    <paragraph indent="2">(4)   not exceed a term of one year;</paragraph>
    <paragraph indent="2">(5)   not require a driver or affiliate to use the fleet or association system for processing credit card transactions; and</paragraph>
    <paragraph indent="2">(6)   not be subject to automatic renewal.</paragraph>
    <paragraph indent="1">(f)   A licensee must not impose on a driver or affiliate:</paragraph>
    <paragraph indent="2">(1)   charges totaling more than 5% of any credit card transaction; or</paragraph>
    <paragraph indent="2">(2)   any other charge of a type or amount other than those on the list adopted by regulation under Section 53-111.</paragraph>
    <paragraph indent="1">(a)  the maximum credit card processing charge under Section 53-218(f)(1);</paragraph>
    <paragraph indent="1">(b)  the dispute resolution requirements under Section 53-219;</paragraph>
    <paragraph indent="1">(c)  the deletion of the driver examination requirement under former Section 53-308 (deleted as of October 1, 2015); and</paragraph>
    <paragraph indent="1">(d)  the minimum liability insurance requirements under Section 53-224.</paragraph>
  </section>
  <section heading="Sec. 53-219. Dispute Resolution.">
    <paragraph indent="1">(a)   Definitions. In this Section:</paragraph>
    <paragraph indent="2">(1)   Dispute means a disagreement between a person who holds a taxicab driver identification card issued under this Chapter and the fleet or association under whose colors the person drives over whether an action taken by the fleet or association to terminate, suspend or impair the person’s ability to drive under the fleet or association’s colors, or to terminate, suspend or impair the person’s right to enjoy the resources and benefits provided by the fleet or association, on the same basis as other similarly situated fleet or association drivers, was reasonable and based upon good cause.</paragraph>
    <paragraph indent="2">(2)   Good cause means one or more of the causes for revocation of an identification card under Section 53-604, or a material failure of a driver to comply with established, written rules or practices of the company or to perform in accordance with his or her written contract with the company, after reasonable notice and an opportunity to comply or perform.</paragraph>
    <paragraph indent="1">(b)   Each fleet or association may have a written dispute resolution procedure as part of its agreements with its affiliates or drivers, so long as such dispute resolution procedure incorporates, at a minimum, binding arbitration pursuant to the American Arbitration Association Commercial Arbitration Rules, R-1 through R-58.</paragraph>
    <paragraph indent="1">(c)   If a fleet or association has an agreement with an affiliate or driver that does not include a dispute resolution procedure meeting the requirements of subsection (b), then disputes will be subject to resolution under this subsection.</paragraph>
    <paragraph indent="2">(1)   disputes must first be the subject of an internal grievance procedure conducted as follows:</paragraph>
    <paragraph indent="3">(A)   the aggrieved party must submit a complaint in writing to the fleet or association within 30 days from the date of the fleet or association’s action, containing a written statement of the matter in dispute and the names, addresses and telephone numbers of each party to the dispute.</paragraph>
    <paragraph indent="3">(B)   within two weeks after the submission of the written complaint, the fleet or association must appoint a representative from within the fleet or association to hear the dispute. The representative must have had no direct or indirect involvement in the dispute.</paragraph>
    <paragraph indent="3">(C)   within two weeks after appointment, the representative must conduct an informal hearing concerning the dispute.</paragraph>
    <paragraph indent="3">(D)   both parties must use best efforts to resolve the dispute.</paragraph>
    <paragraph indent="3">(E)   within two weeks after the hearing has been concluded, the fleet or association representative must provide a written decision.</paragraph>
    <paragraph indent="2">(2)   If the dispute is not resolved through the internal grievance procedure, both parties may agree to informal or formal mediation of the dispute, pursuant to paragraph (3). If the parties fail to agree to mediation, either party may elect to proceed to arbitration, pursuant to paragraph (4).</paragraph>
    <paragraph indent="2">(3)   Informal or formal mediation.</paragraph>
    <paragraph indent="3">(A)   within two weeks after the internal grievance procedure has been concluded, any party requesting mediation must submit a written notice requesting mediation to all parties.</paragraph>
    <paragraph indent="3">(B)   within two weeks after such notice has been submitted, the parties may agree to an impartial person to mediate the dispute in an informal process. If the parties do not agree to informal mediation, the party requesting mediation must submit a written Request for Mediation to the American Arbitration Association (AAA). If the parties are unable to agree to mediation, either party may elect to proceed to arbitration, pursuant to paragraph (4).</paragraph>
    <paragraph indent="3">(C)   a request for mediation must contain a brief statement of the dispute, and the names and addresses and telephone numbers of each party to the dispute.</paragraph>
    <paragraph indent="3">(D)   the mediator must notify all parties of the time, date and place of the mediation.</paragraph>
    <paragraph indent="3">(E)   the costs of the mediation must be borne equally by the parties unless they agree otherwise in writing.</paragraph>
    <paragraph indent="3">(F)   the mediation conducted by AAA must be in substantial accord with the American Arbitration Association Commercial Mediation Rules, M-1 through M-17.</paragraph>
    <paragraph indent="3">(G)   the mediator may end the mediation if, in the sole discretion of the mediator, the continuation of the mediation would not be useful.</paragraph>
    <paragraph indent="3">(H)   the parties in mediation must use their best efforts to resolve the issues in controversy and the mediator may execute a written settlement agreement if agreed on by the parties but may not impose a settlement on the parties.</paragraph>
    <paragraph indent="2">(4)   Where neither the internal grievance procedure nor mediation, if attempted, has resolved the dispute, either party may submit the matter to arbitration, which is binding upon the parties. Such arbitration must be conducted as follows:</paragraph>
    <paragraph indent="3">(A)   within two weeks after the mediation process or the internal grievance procedure has been concluded, the party requesting arbitration must submit a written notice of intent to arbitrate to all parties.</paragraph>
    <paragraph indent="3">(B)   within two weeks after such notice has been submitted, an impartial person to arbitrate the dispute must be agreed upon by the parties, or, if the parties do not agree, the party requesting arbitration must submit a written request for arbitration to the (AAA) and simultaneously mail a copy of the request for arbitration to every party to the dispute.</paragraph>
    <paragraph indent="3">(C)   a request for arbitration must contain a brief statement of the dispute, and the names and addresses and telephone numbers of each party to the dispute.</paragraph>
    <paragraph indent="3">(D)   the arbitrator must notify all parties and their representatives, if any, of the time, date and place of the arbitration.</paragraph>
    <paragraph indent="3">(E)   the costs of the arbitration must be borne by the party which does not prevail, unless the parties agree otherwise in writing, or the costs are otherwise apportioned by the arbitrator if there is no prevailing party.</paragraph>
    <paragraph indent="3">(F)   the arbitration, whether conducted by AAA or another arbitrator chosen by the parties, must be in substantial accord with the American Arbitration Association Commercial Arbitration Rules, R-1 through R-56.</paragraph>
    <paragraph indent="3">(G)   the arbitrator may conclude the arbitration hearing if in the sole discretion of the arbitrator, continuation of the hearing would not be useful.</paragraph>
    <paragraph indent="3">(H)   within two weeks after the arbitration hearing has been concluded, the arbitrator must render an award in writing, which must be binding upon the parties and which may be enforced by any court having jurisdiction over the parties.</paragraph>
    <paragraph indent="1">(a)  the maximum credit card processing charge under Section 53-218(f)(1);</paragraph>
    <paragraph indent="1">(b)  the dispute resolution requirements under Section 53-219;</paragraph>
    <paragraph indent="1">(c)  the deletion of the driver examination requirement under former Section 53-308 (deleted as of October 1, 2015); and</paragraph>
    <paragraph indent="1">(d)  the minimum liability insurance requirements under Section 53-224.</paragraph>
  </section>
</division>