n 1 2 3 4 5 6 7 n 8 2014-Or-___ n 1 2 3 4 5 6 7 AN ORDINANCE of the CITY OF MINNEAPOLIS By: ___________ Draft Date 4-17-14 n 8 2014-Or-___ AN ORDINANCE of the CITY OF MINNEAPOLIS By: Draft Date 6-10-14 9 9 10 Amending Title 13 of the Minneapolis Code of 10 Amending Title 13 of the Minneapolis Code of Ordinances relating to Licenses and Business Ordinances relating to Licenses and Business Regulations, by adding a new Chapter 343 relating Regulations, by adding a new Chapter 343 relating to Transportation Network Companies. to Transportation Network Companies. 11 11 12 The City Council of the City of Minneapolis do 12 The City Council of the City of Minneapolis do ordain as follows: ordain as follows: 13 13 14 Section 1. That the Minneapolis Code of 14 Section 1. That the Minneapolis Code of Ordinances be amended by adding thereto a new Ordinances be amended by adding thereto a new Chapter 343 to read as follows: Chapter 343 to read as follows: 15 15 16 CHAPTER 343. TRANSPORTATION 16 CHAPTER 343. TRANSPORTATION NETWORK NETWORK COMPANIES COMPANIES 17 17 18 343.10. Definitions. Whenever used in this 18 343.10. Definitions. Whenever used in this chapter chapter the following words shall mean: the following words shall mean: 19 19 n Active on the TNC dispatch system includes but is n Active on the TNC dispatch system includes but is not limited to: when the driver is logged onto the not limited to: when the driver is logged onto the transportation network company (TNC) application transportation network company (TNC) application dispatch system showing that the driver is available dispatch system showing that the driver is available 20 to pick up passengers; when a passenger is in the 20 to pick up passengers; when a passenger is in the vehicle; when TNC dispatch records show the vehicle; when TNC dispatch records show the vehicle is dispatched; or when the driver has vehicle is dispatched; or when the driver has accepted a dispatch and is enroute to provide accepted a dispatch and is in route to provide transportation services to a passenger. transportation services to a passenger. 21 21 22 Compensation: Remuneration or anything of 22 Compensation: Remuneration or anything of economic value that is provided, promised, or economic value that is provided, promised, or donated primarily in exchange for services donated primarily in exchange for services rendered. rendered. This includes, but is not limited to This includes, but is not limited to voluntary voluntary donations, fee-sharing between a taxicab donations, fee-sharing between a taxicab or or transportation network company and an transportation network company and an affiliated affiliated driver, and passenger, advertisement of a driver, and passenger, advertisement of a taxicab taxicab service company or transportation network service company or transportation network company company services. services. 23 23 n Department: The city's Department of Licenses and n 24 24 Consumer Services. 25 25 26 License: A transportation network company 26 License: A transportation network company license. license. 27 27 n License Official: The city's Director of Community n Licensing Official: The official designated to Planning and Economic Development or their supervise the licensing and consumer services 28 28 designee. functions provided by this Code pursuant to section 259.10. 29 29 30 Licensee or transportation network licensee: The 30 Licensee or transportation network licensee: The holder of, or a person that is required to hold, a holder of, or a person that is required to hold, a transportation network company license issued transportation network company license issued pursuant to this chapter. pursuant to this chapter. 31 31 n Operation of a transportation network vehicle or n Operation of a transportation network vehicle or operating a transportation network vehicle: operating a transportation network vehicle: Offering, Offering, making available, or using a making available, or using a transportation network transportation network vehicle to provide a vehicle to provide a transportation network service, transportation network service, including any time including any time when a driver is logged onto the when a driver is logged onto the transportation transportation network provider's Internet-enabled 32 network provider's Internet-enabled application or 32 application or digital platform showing that the digital platform showing that the driver is available driver is available to pick up passengers; when a to pick up passengers; when a passenger is in the passenger is in the vehicle; when the provider's vehicle; when the provider's dispatch records show dispatch records show that the vehicle is dispatched; that the vehicle is dispatched; or when the driver or when the driver has accepted a dispatch and has accepted a dispatch and is enroute to provide a is in route to provide a transportation network transportation network service to a passenger. service to a passenger. 33 33 34 Passenger: An individual being transported for 34 Passenger: An individual being transported for compensation in an authorized TNC vehicle. compensation in an authorized TNC vehicle. 35 35 36 Place of business in the City of Minneapolis: A 36 Place of business in the City of Minneapolis: A location within twelve (12) miles of Minneapolis location within twelve (12) miles of Minneapolis City Hall where (1) the city may send, and the City Hall where (1) the city may send, and the licensee shall accept, notices of hearing or other licensee shall accept, notices of hearing or other notices from the city; and (2) the licensee maintains notices from the city; and (2) the licensee maintains its business records relating to its license. its business records relating to its license. 37 37 n n Prearranged Ride: means a period of time that begins when a TNC driver accepts a requested ride 38 through a digital network, continues while the driver transports the rider in a personal vehicle, and ends when the rider departs from the vehicle. 39 Transportation network driver: An individual Transportation network driver: An individual affiliated with a transportation network company, affiliated with a transportation network company, authorized to transport passengers for authorized to transport passengers for compensation 38 40 compensation using an authorized transportation using an authorized transportation network company network company vehicle which is owned and vehicle. registered to the driver. 39 41 40 Prearranged transportation service: A transportation 42 Prearranged transportation service: A transportation service that is offered and accepted through a licensee's Internet-enabled application or digital platform before the transportation commences. service that is offered and accepted through a licensee's Internet-enabled application or digital platform before the transportation commences. 41 43 42 Rideshare: The traveling of two (2) or more 44 persons by any mode of private passenger vehicle, including, but not limited to, carpooling, vanpooling, or bus pooling to any location incidental to another purpose of the driver for which compensation is neither accepted, collected, encouraged, promoted, or requested, and for which the primary purpose of the driver cannot be profit or revenue based. 43 45 n TNC: Transportation network company n 44 46 45 n Rideshare: The traveling of two (2) or more persons by any mode of private passenger vehicle, including, but not limited to, carpooling, vanpooling, or bus pooling to any location incidental to another purpose of the driver for which compensation is neither accepted, collected, encouraged, promoted, or requested, and for which the primary purpose of the driver cannot be profit or revenue based. TNC: Transportation network company. 47 Trade dress: The unique visual element associated n Trade dress: The unique visual element associated with a transportation network company that is with a transportation network company that is attached to a vehicle affiliated with a TNC so the attached to a vehicle affiliated with a TNC so the 46 public and passengers can identify the vehicle as 48 public and passengers can identify the vehicle as being associated with that particular TNC. Trade being associated with that particular TNC. Trade dresses are mandatory and must be approved by dresses are mandatory and must be approved by the Director. the licensing official. 47 49 n Transportation network company (TNC): A person n Transportation network company (TNC): A person or entities affiliated with TNC drivers that provide or entities affiliated with TNC drivers that provide application dispatch services via one unique application dispatch services via one unique application dispatch system to connect TNC drivers application dispatch system to connect TNC drivers 48 50 with passengers for the transport of passengers for with passengers for the transport of passengers for compensation and meeting the licensing compensation and meeting the licensing requirements of Section 341.900 and any other requirements of section 341.900 and any other requirements under this chapter. requirements under this chapter. 49 51 50 Transportation network company (TNC) endorsed 52 Transportation network company (TNC) endorsed driver: A for-hire driver affiliated with and driver: A for-hire driver affiliated with and accepting dispatched trips from a licensed accepting dispatched trips from a licensed transportation network company, while operating a transportation network company, while operating a personal vehicle he or she owns with a TNC personal vehicle he or she owns with a TNC vehicle vehicle endorsement. A TNC endorsed driver is endorsement. A TNC endorsed driver is someone someone who has been screened and approved by a who has been screened and approved by a licensed licensed TNC company and meets the requirements TNC company and meets the requirements of this of this chapter. chapter. 51 53 52 Transportation network company (TNC) 54 Transportation network company (TNC) representative: The person or persons that a representative: The person or persons that a transportation network company has authorized to: transportation network company has authorized to: 53 55 54 (1) File applications, rates and charges on 56 (1) File applications, rates and charges on behalf behalf of the TNC; of the TNC; 55 57 n 56 (2) Receive and accept all correspondence and n 58 (2) Receive and accept all correspondence and notices from the City pertaining to the TNC, or to affiliated drivers operating within the TNC; and notices from the city pertaining to the TNC, or to affiliated drivers operating within the TNC; and 57 59 58 (3) Forward any correspondence, notices 60 (3) Forward any correspondence, notices and/or and/or legal process received by the TNC and legal process received by the TNC and intended for intended for an affiliated driver operating within an affiliated driver operating within the TNC. the TNC. 59 61 60 Transportation network company (TNC) endorsed 62 Transportation network company (TNC) endorsed vehicle: A privately owned vehicle endorsed by the vehicle: A privately owned vehicle endorsed by the affiliated TNC and authorized to provide for hire affiliated TNC and authorized to provide for hire services within their network. A TNC endorsed services within their network. A TNC endorsed vehicle has been inspected, and approved by a vehicle has been inspected, and approved by a licensed TNC company representative, and meets licensed TNC company representative, and meets the requirements of this chapter. the requirements of this chapter. n Transportation network company (TNC) vehicle n Transportation Network Company (TNC) vehicle endorsement means an endorsement for a personal endorsement means an endorsement for a personal vehicle that allows an endorsed TNC driver to use vehicle that allows an endorsed TNC driver to use the endorsed vehicle to affiliate with a the endorsed vehicle to affiliate with a transportation 61 transportation network company to provide for hire 63 network company to provide for hire transportation transportation to passengers via an application to passengers via an application dispatch system. dispatch system. The endorsement demonstrates The endorsement demonstrates that the vehicle has that the vehicle has met the minimum operating met the minimum operating requirements as set requirements as set forth in this chapter. forth in this chapter. Transportation network service: A prearranged Transportation network service: A prearranged transportation service offered or provided for transportation service offered or provided for compensation using an Internet-enabled application compensation using an Internet-enabled application or digital platform to connect potential passengers or digital platform to connect potential passengers 62 64 with transportation network drivers. The term with transportation network drivers. The term transportation network service does not Include a transportation network service does not Include a ridesharing arrangement as that term is defined in ridesharing arrangement as that term is defined in Minnesota Statute Chapter 169.011 subd.(65). Minn. Statute Chapter 169.011 subd.(65). 63 65 n Wheelchair accessible transportation network n Wheelchair accessible transportation network vehicle: A transportation network vehicle that a vehicle: A transportation network vehicle that a person in a wheelchair may enter and exit person in a wheelchair may enter and exit independently or with assistance while seated in a independently or with assistance while seated in a 64 wheelchair. A wheelchair accessible transportation 66 wheelchair. A wheelchair accessible transportation network vehicle shall safely secure and restrain the network vehicle shall safely secure and restrain the wheelchair, and shall comply with all applicable wheelchair, and shall comply with all applicable standards provided by law for wheelchair standards provided by law for wheelchair accessible accessible vehicles. vehicles. 65 67 n 343.20 Transportation network company license n 343.20 Transportation network company license required. (a) No person shall engage in a required. (a) No person shall engage in a 66 transportation network service in the city without a 68 transportation network service in the city without a transportation network company license issued transportation network company license issued pursuant to this Chapter. pursuant to this chapter. 67 69 68 (b) No vehicle shall be used as a transportation 70 (b) No vehicle shall be used as a transportation network vehicle in the city except by an endorsed network vehicle in the city except by an endorsed driver affiliated with a transportation network driver affiliated with a transportation network company licensed pursuant to this chapter. Said company licensed pursuant to this chapter. Said vehicle shall at all times be in compliance with this chapter when it is being used by a driver active on the TNC network. vehicle shall at all times be in compliance with this chapter when it is being used by a driver active on the TNC network. 69 71 70 (c) A transportation network vehicle operated by a 72 (c) A transportation network vehicle operated by a driver affiliated with a TNC not licensed by the driver affiliated with a TNC not licensed by the City City of Minneapolis may come into the city to of Minneapolis may come into the city to discharge discharge passengers whose trip originated outside passengers whose trip originated outside of the city. of the city. 71 73 72 343.30 Transportation network company license 74 343.30 Transportation network company license fee fee and license term. (a) The annual fee for the and license term. (a) The annual fee for the issuance issuance or renewal of a transportation network or renewal of a transportation network company company license shall be as is listed in the license license shall be as is listed in the license fee fee schedule. The license fee shall be paid as a schedule. The license fee shall be paid as a precondition to Issuance or renewal of the license. precondition to Issuance or renewal of the license. 73 75 74 (b) Except for the initial license period, a 76 (b) Except for the initial license period, a transportation network provider license shall be transportation network provider license shall be issued or renewed for a one-year license term issued or renewed for a one-year license term starting on February 1st of each year. starting on February 1st of each year. 75 77 76 (c) A transportation network company license is 78 (c) A transportation network company license is non-transferable. non-transferable. 77 79 n 343.40 Transportation network company license n 343.40 Transportation network company license application. Application for the issuance or renewal application. Application for the issuance or renewal of a transportation network company license shall of a transportation network company license shall be be made in writing to the department on a form made in writing to the licensing official on a form provided by the department and signed and sworn provided by the licensing official and signed and to by the applicant or, if the applicant is a sworn to by the applicant or, if the applicant is a 78 80 corporation, limited liability company, or corporation, limited liability company, or partnership, by its authorized agent. Each partnership, by its authorized agent. Each application, in addition to any other information application, in addition to any other information that that the License Official may reasonably require in the licensing official may reasonably require in connection with issuance or renewal of a license, connection with issuance or renewal of a license, shall contain at a minimum: shall contain at a minimum: 79 81 80 (1) If the license applicant is an individual: 82 (1) If the license applicant is an individual: 81 83 82 a. The individual's full name, social security 84 a. The individual's full name, social security number, residence address, business address, number, residence address, business address, business e-mail address and business telephone business e-mail address and business telephone number; number; 83 85 84 b. Proof that the applicant is at least 18 years of 86 b. Proof that the applicant is at least 18 years of age; age; 85 87 86 (2) If the license applicant is a corporation: 88 (2) If the license applicant is a corporation: 87 89 88 a. The corporate name, business address and 90 a. The corporate name, business address and telephone number of the applicant; 89 90 b. The date and state of incorporation; 91 92 c. The full names, titles, date of birth, residence addresses, e-mail addresses and residence telephone numbers of its corporate officers, and of those stockholders who own 25 percent or more of its voting shares, and of its authorized agent; 93 94 d. Proof that all corporate officers are at least 18 years of age; and 95 96 e. Proof that the corporation is in good standing under the laws of the State of Minnesota. 97 98 (3) If the license applicant is a partnership or limited liability company: 99 100 a. The name, business address or principal office address and telephone number of the applicant; 101 102 b. The full names, date of birth, residence addresses, e-mail addresses and residence telephone numbers of the three members who own the highest percentage interests in such partnership or limited liability company; 103 104 c. The general partner of a partnership; 105 106 d. The managing member of a limited liability company; 107 108 e. The applicant's authorized agent, and 109 110 f. Any other member who owns a twenty-five (25) percent or more interest therein; 111 112 g. The full name, address, e-mail address and telephone number of a person authorized to receive notices issued pursuant to this chapter; and 113 114 h. Proof that all persons, partners, managers, managing members and members, as applicable, are at least eighteen (18) years of age. 115 116 343.50 Transportation network provider license, qualifications for license. (a) In order to qualify for telephone number of the applicant; 91 92 b. The date and state of incorporation; 93 94 c. The full names, titles, date of birth, residence addresses, e-mail addresses and residence telephone numbers of its corporate officers, and of those stockholders who own 25 percent or more of its voting shares, and of its authorized agent; 95 96 d. Proof that all corporate officers are at least 18 years of age; and 97 98 e. Proof that the corporation is in good standing under the laws of the State of Minnesota. 99 100 (3) If the license applicant is a partnership or limited liability company: 101 102 a. The name, business address or principal office address and telephone number of the applicant; 103 104 b. The full names, date of birth, residence addresses, e-mail addresses and residence telephone numbers of the three members who own the highest percentage interests in such partnership or limited liability company; 105 106 c. The general partner of a partnership; 107 108 d. The managing member of a limited liability company; 109 110 e. The applicant's authorized agent, and 111 112 f. Any other member who owns a twenty-five (25) percent or more interest therein; 113 114 g. The full name, address, e-mail address and telephone number of a person authorized to receive notices issued pursuant to this chapter; and 115 116 h. Proof that all persons, partners, managers, managing members and members, as applicable, are at least eighteen (18) years of age. 117 118 343.50 Transportation network provider license, qualifications for license. (a) In order to qualify for a a transportation network company license, whether upon Initial application or upon application for renewal of a license: transportation network company license, whether upon Initial application or upon application for renewal of a license: 117 n 119 (1) An applicant shall be in compliance with all 118 applicable city, State of Minnesota and federal laws; 119 120 121 122 n 123 124 125 126 n 127 128 129 130 131 n (1) An applicant shall be in compliance with all 120 applicable city, State of Minnesota and federal laws; 121 (2) An applicant shall have a place of business 122 (2) An applicant shall have a place of business within twelve (12) miles of Minneapolis City Hall within twelve (12) miles of Minneapolis City Hall where records required by this chapter may be where records required by this chapter may be viewed and copied; viewed and copied; 123 (3) With respect to any corporate or limited liability 124 (3) With respect to any corporate or limited liability company applicant, the company shall be company applicant, the company shall be organized, organized, registered, or qualified to do business registered, or qualified to do business under the laws under the laws of the State of Minnesota; of the State of Minnesota; 125 (4) The character and reputation of the applicant or n (4) The applicant(s) shall be the true beneficial its members, officers or directors, including, if owner(s) of the TNC business to be licensed. The applicable, the disciplinary record of the applicant, full legal names and addresses of all persons holding or of any officer or director of a corporate a 25% or greater beneficial interest in the business applicant, as a city license holder; shall be provided on the application, and shall have no felony convictions in the past five years, nor any 126 gross misdemeanor or misdemeanor convictions involving the use of force, possession or sale of a controlled substance, prostitution, or indecent conduct. The licensing official may grant an exception to this provision upon evidence that the offense is not related to the operation of a TNC. 127 (5) The applicant's ability to provide lawful, safe, 128 (5) The applicant's ability to provide lawful, safe, suitable and comfortable service and the applicant's suitable and comfortable service and the applicant's ability to engage qualified transportation network ability to engage qualified transportation network company drivers and eligible transportation company drivers and eligible transportation network network company vehicles; company vehicles; 129 (6) The applicant's ability to maintain mandated n (6) The applicant's ability to maintain mandated insurance for the payment of personal injury, death, insurance for the payment of personal injury, death, 130 property damage, and other insurable claims; property damage, and other claims associated with the operation of a TNC; 131 (7) The applicant's financial ability to pay all 132 (7) The applicant's financial ability to pay all judgments and awards which may be rendered for judgments and awards which may be rendered for any cause arising out of the operation of a any cause arising out of the operation of a transportation network provider business; transportation network provider business; 133 (b) No applicant is eligible for a license If any 134 (b) No applicant is eligible for a license If any transportation network provider license held by the transportation network provider license held by the applicant, or by any officer or director of a applicant, or by any officer or director of a corporate corporate applicant or partner of a partnership applicant or partner of a partnership applicant, has applicant, has been revoked within the previous been revoked within the previous five years, or if the five years, or if the applicant, or any officer or director of a corporate applicant or partner in a partnership applicant, within the five years immediately preceding the date of his application, has been either convicted, or in custody, under parole or under any other noncustodial supervision resulting from a conviction in a court of any jurisdiction for the commission of any felony or its equivalent under federal or other jurisdictional law. 132 n n n n n applicant, or any officer or director of a corporate applicant or partner in a partnership applicant, within the five years immediately preceding the date of his application, has been either convicted, or in custody, under parole or under any other noncustodial supervision resulting from a conviction in a court of any jurisdiction for the commission of any felony or its equivalent under federal or other jurisdictional law. 135 343.60 Transportation network provider license, n 343.60 Transportation network provider license, investigation and issuance. Upon receipt of an investigation and issuance. Upon receipt of an application for the issuance or renewal of a application for the issuance or renewal of a transportation network company license, transportation network company license, the License Official and the Chief of Police may the licensing official and the police chief may 133 136 investigate the application for compliance with all investigate the application for compliance with all applicable provisions of this Code, including but applicable provisions of this Code, including but not not limited to, the applicant's compliance or ability limited to, the applicant's compliance or ability to to comply with the license qualification comply with the license qualification requirements requirements specified in this code. specified in this code. 134 137 343.70 Transportation network company license, n 343.70 Transportation network company license, insurance required. (a) Every licensee and insurance required. (a) Every licensee and transportation network driver shall comply with all transportation network driver shall comply with all applicable insurance requirements mandated by applicable insurance requirements mandated by 135 federal, state of Minnesota, and city laws, including 138 federal, state of Minnesota, and city laws, including an obligation to cover no-fault personal injury an obligation to cover no-fault personal injury protection (PIP) to the minimum required of a protection (PIP) to the minimum required of a private passenger automobile in the state of private passenger automobile in the state of Minnesota. Minnesota. 136 139 (b) Each applicant for the Issuance or renewal of a n (b) Atransportation network company shall file with transportation network company license shall the licensing official documentation provide proof that the applicant has commercial evidencing that the transportation network company general liability insurance and commercial or the driver has secured primary liability insurance automobile liability insurance, issued by an Insurer coverage for the driver for incidents involving the authorized to insure in Minnesota, to secure driver during a prearranged ride. Coverage for payment by the applicant of any final judgment or incidents involving a driver during a prearranged 137 settlement of any claim against the applicant, the 140 ride must be in the amount of at least one million drivers, or employees of the applicant's dollars per occurrence. The insurance policy must transportation network provider business resulting provide coverage at all times the driver is engaged in from any occurrence arising out of or caused by the a prearranged ride. operation of a transportation network company vehicle while the driver is active on the TNC dispatch system. Such insurance shall be primary and noncontributory. 138 141 (c) Such insurance policies shall provide at least the n (c) For the period of time when a driver is logged following minimum coverage: into a transportation network company's digital 139 142 network but is not engaged in a prearranged ride, the following insurance requirements apply: 140 143 (1) commercial general liability insurance with n (1) A transportation network company or a driver 141 144 limits of not less than one million ($1,000,000.00) shall maintain a primary automobile insurance per occurrence, for bodily injury, personal injury, and property damage; 142 n policy that recognizes that the driver is a transportation network company driver and covers the driver's provision of transportation network company services while the driver is logged into the transportation network company's digital network; 145 (2) commercial automobile liability insurance with n (2) meets at least the minimum coverage of at least a combined single limit for bodily injury and fifty thousand dollars to any one person in any one property damage of one million ($1,000,000.00) accident, one hundred thousand dollars to all persons 143 per occurrence, covering liability resulting from 146 in any one accident, and for property damage arising any occurrence arising out of or caused by the out of the use of the motor vehicle to a limit, operation of a transportation network vehicle, exclusive of interest and costs, of thirty five including owned, hired, and non-owned vehicles. thousand dollars in any one accident; and 144 147 n (d) The insurance policies required in this section n (3) Is one of the following: 145 148 shall be: 146 149 n (1) available to cover claims as specified in this n (a) Full-time coverage equal to the coverage section regardless of whether a driver maintains required by section 341.510 of this Code, or 147 150 insurance adequate to cover any portion of the claim; 148 151 n n (b) An insurance rider to, or endorsement of, the driver's personal automobile insurance policy that 152 contains coverage equal to or greater than those specified in section 341.510 of this Code, or 153 (c) A commercial liability insurance policy purchased by the transportation network company that provides primary coverage for the period of 154 time in which a driver is logged into the digital network, and is in compliance with section 343.70(b) of this chapter. 155 (d) If a transportation network company purchases an insurance policy under this subsection it shall provide documentation to the licensing official evidencing that the transportation network company 156 has secured the policy. If the responsibility is placed on a driver to purchase insurance under this subsection (a), the transportation network company shall verify that the driver has purchased an insurance policy under this subsection (a). 157 (e) An insurance policy required by this section may be placed with an insurer duly licensed to provide 158 insurance in the State of Minnesota under Minn. Statute 60A.07 or with a surplus lines insurer authorized under Minn. Statute 60A.07 or 60A.196. 159 (f) Nothing in this section requires a personal 160 automobile insurance policy to provide coverage for the period of time in which a driver is logged into a transportation network company's digital network. 161 149 150 151 152 n 153 154 n 155 156 (g) if more than one insurance policy provides valid and collectible coverage for a loss arising out of an occurrence involving a motor vehicle operated by a driver, the responsibility for the claim must be 162 divided on a pro rata basis among all of the applicable policies. This equal division of responsibility may only be modified by the written agreement of all of the insurers of the applicable policies and the owners of those policies. 163 (h) In a claims coverage investigation, a transportation network company shall cooperate with a liability insurer that also insures the driver's transportation network company vehicle, including 164 the provision of relevant dates and times during which an incident occurred that involved the driver while the driver was logged into a transportation network company's digital network. 165 (i) Nothing in this section modifies or abrogates any 166 otherwise applicable insurance requirements set forth in Minn. Statute 65B.49. 167 (j) The insurance policies required in this section 168 shall be: 169 (1) Available to cover claims as specified in this section regardless of whether a driver maintains 170 insurance adequate to cover any portion of the claim; 171 (2) disclosed on the licensee's Internet-enabled (2) Disclosed via accord certificate on the licensee's 172 application and website, and; Internet-enabled application and website, and; 173 (3) maintained in force at all times that the 174 (3) maintained in force at all times that the transportation network provider offers or provides transportation network provider offers or provides transportation network service; transportation network service; 175 (4) in full force and effect for all TNC vehicles that n (4) In full force and effect for all TNC vehicles that 176 are active on the TNC dispatch system. are active on the TNC dispatch system. 177 (e) The existence of the insurance required by this n (j) The existence of the insurance required by this section shall be disclosed in the transportation section shall be disclosed in the transportation network company’s terms of service, and any network company’s terms of service, and any contractual hold harmless required in the 178 contractual hold harmless required in the company’s company’s Terms of Service will specifically not Terms of Service will specifically not apply while in apply while in operation under the license required operation under the license required by this by this ordinance. ordinance. 179 n n n n n n n n (f) No transportation network provider license shall n (k) No transportation network provider license shall be issued unless the applicant first provides be issued unless the applicant first provides certified 157 180 certified copies of the insurance policies required in copies of the insurance policies required in this this section to the License Official. section to the License Official. 158 181 (g) Any TNC driver shall provide to any authorized n (l) Any TNC driver shall provide to any authorized law enforcement officer or official city inspector, in law enforcement officer or official city inspector, in 159 182 addition to any applicable insurance, proof of the addition to any applicable insurance, proof of the insurance policies required by this section. insurance policies required by this section. 160 183 343.80 Transportation network vehicles ownership n 343.80 Transportation network vehicles ownership and standards. (a) No licensee shall own, provide and standards. (a) No licensee shall own, provide financing for the obtaining, leasing, or ownership financing for the obtaining, leasing, or ownership of, 161 184 of, or have a beneficial interest in transportation or have a beneficial interest in transportation network vehicles. network vehicles unless approved by the licensing official. 162 185 163 (b) In addition to all other applicable legal 186 (b) In addition to all other applicable legal requirements, it shall be unlawful for any person to requirements, it shall be unlawful for any person to operate or cause to be operated any transportation operate or cause to be operated any transportation network vehicle unless such vehicle: network vehicle unless such vehicle: 164 187 (1) has a manufacturer's rated seating capacity of n (1) Has a manufacturer's rated seating capacity of 165 seven (7) persons or less, including the 188 seven (7) persons or less, including the transportation network driver; transportation network driver; 166 189 (2) has at least four (4) doors and meets applicable n (2) Has at least four (4) doors and meets applicable 167 Federal Motor Vehicle Safety Standards for 190 Federal Motor Vehicle Safety Standards for vehicles vehicles of its size, type and proposed use; of its size, type and proposed use; 168 191 169 (3) Is a sedan, or light-duty vehicle. Including a 192 (3) Is a sedan, or light-duty vehicle. Including a minivan, sport utility vehicle, pickup truck, minivan, sport utility vehicle, pickup truck, hatchback or convertible; and hatchback or convertible; and 170 193 (4) Is not more than 10 model years of age from the n (4) Is not more than 10 model years of age from the 171 current model year. 194 current model year, or has an odometer reading of less than 150,000 miles. 172 195 (5) The licensee and the TNC driver shall be n (5) The licensee and the TNC driver may be jointly and severally liable if the licensee permits jointly cited if the licensee permits the TNC driver 173 the TNC driver to use a vehicle that does not meet 196 to use a vehicle that does not meet the requirements the requirements for a transportation network for a transportation network vehicle. vehicle. 174 197 343.90 Transportation network vehicle inspections. n 343.90 Transportation network vehicle inspections. (a) Prior to using any transportation network (a) Prior to using any transportation network vehicle, vehicle, and annually thereafter, a licensee or a and annually thereafter, a licensee or a transportation transportation network driver shall have the vehicle network driver shall have the vehicle inspected at a 175 198 inspected at a facility approved by the License facility approved by the licensing official, and Official, and maintain complete documentation of maintain complete documentation of such such inspections in the vehicle at all times, and a inspections in the vehicle at all times, and a written written copy of such documentation shall be copy of such documentation shall be provided to provided to the License Official upon request. To pass such inspection, a transportation network vehicle shall, at a minimum, be rust-free and damage free, and shall pass an inspection of vehicle components outlined by the License Official and identified on the official TNC vehicle inspection sheet. The cost of the vehicle inspection, if such inspection is conducted by a government operated facility, will be those fees listed in the license fee schedule. 176 n the licensing official upon request. To pass such inspection, a transportation network vehicle shall, at a minimum, be rust-free and damage free, and shall pass an inspection of vehicle components outlined by the licensing official and identified on the official TNC vehicle inspection sheet. The cost of the vehicle inspection, if such inspection is conducted by a government operated facility, will be those fees listed in the license fee schedule. 199 (b) The licensee and the TNC driver shall be jointly n and severally liable for any violation of this section. (b) The licensee and the TNC driver shall be jointly and severally liable for any violation of this section 177 200 if the licensee knowingly permits the TNC driver to use a vehicle in violation of this section. 178 201 n 343.100 Transportation network vehicles, n 343.100 Transportation network vehicles, distinctive distinctive trade dress. A transportation network trade dress. A transportation network company company vehicle shall display, as approved by vehicle shall display, as approved by the licensing the License Official, a consistent and distinctive official, a consistent and distinctive signage or 179 202 signage or emblem at all times while the driver is emblem at all times while the driver is active on the active on the TNC dispatch system. The distinctive TNC dispatch system. The distinctive signage or signage or emblem shall be sufficiently large and emblem shall be sufficiently large and color color contrasted; contrasted; 180 203 181 (1) As to be readable during daylight hours at a 204 (1) As to be readable during daylight hours at a distance of at least fifty (50) feet, and; distance of at least fifty (50) feet, and; 182 205 n (2) Reflective so as to be seen in darkness, and to n (2) Reflective or illuminated so as to be seen in 183 identify that a particular vehicle is associated with a 206 darkness, and to identify that a particular vehicle is particular licensee. associated with a particular licensee. 184 207 185 Acceptable forms of distinctive signage include, 208 Acceptable forms of distinctive signage include, but but are not limited to, symbols or signs on vehicle are not limited to, symbols or signs on vehicle doors, doors, roofs, or grilles. Magnetic or other roofs, or grilles. Magnetic or other removable removable distinctive signage is acceptable. distinctive signage is acceptable. Licensees shall file Licensees shall file an Illustration of their an Illustration of their distinctive trade dress with the distinctive trade dress with the License Official. License Official. 186 209 187 343.110 Transportation network vehicles, 210 343.110 Transportation network vehicles, commercial advertisements prohibited. commercial advertisements prohibited. 188 No commercial advertisements, or lighting not 211 No commercial advertisements, or lighting not installed by the original equipment manufacturer, installed by the original equipment manufacturer, shall be displayed on the exterior of any shall be displayed on the exterior of any transportation network vehicle unless it is a transportation network vehicle unless it is a component of the approved trade dress. component of the approved trade dress. 189 212 190 343.120 Transportation network company driver 213 343.120 Transportation network company driver requirements. (a) No licensee shall engage any requirements. (a) No licensee shall engage any person as a transportation network driver unless the person as a transportation network driver unless the person: person: 191 214 192 (1) Possess a valid Minnesota or Wisconsin 215 (1) Possess a valid Minnesota or Wisconsin driver's license. driver's license. 193 216 194 (2) Be a minimum of eighteen (18) years old. 217 (2) Be a minimum of eighteen (18) years old. 195 218 196 (3) Have a demonstrated ability to read, write 219 (3) Have a demonstrated ability to read, write and speak the English language. and speak the English language. 197 220 198 (4) Be clean in dress and person. 221 (4) Be clean in dress and person. 199 222 200 (5) Possess a current D.O.T. medical card. 223 (5) Possess a current D.O.T. medical card. 201 224 n (6) Shall have no felony convictions in the last n (6) Shall have no felony convictions in the last five (5) years; shall have no non-traffic gross five (5) years; shall have no non-traffic gross misdemeanor or misdemeanor convictions in the misdemeanor or misdemeanor convictions in the last last three (3) years involving the use or threat of three (3) years involving the use or threat of use of 202 use of force, possession or sale of a controlled 225 force, possession or sale of a controlled substance, substance, prostitution, or indecent conduct. prostitution, or indecent conduct. The licensing The License Official may grant an exception to the official may grant an exception to the above above provisions upon evidence that the offense is provisions upon evidence that the offense is not not related to the occupation of a TNC driver. related to the occupation of a TNC driver. 203 226 204 (7) Shall have a driving record meeting the 227 (7) Shall have a driving record meeting the following standards: following standards: 205 228 206 a. No convictions in the last five (5) years for 229 a. No convictions in the last five (5) years for any of the following offenses involving injury or any of the following offenses involving injury or death; no convictions in the last three (3) years for death; no convictions in the last three (3) years for any of the following offenses not involving injury any of the following offenses not involving injury or or death: death: 207 230 208 1. Hit and run; driving under the influence of an 231 1. Hit and run; driving under the influence of an alcoholic beverage or drug; Reckless or careless alcoholic beverage or drug; Reckless or careless driving. driving. 209 232 210 b. For original endorsement: No more than 233 b. For original endorsement: No more than three three (3) moving violations within the last three (3) (3) moving violations within the last three (3) years, years, and no more than two (2) moving violations and no more than two (2) moving violations in the in the last year. last year. 211 234 212 c. For annual endorsement renewal: No more 235 c. For annual endorsement renewal: No more than four (4) moving violations within the last three than four (4) moving violations within the last three (3) years and no more than two (2) moving (3) years and no more than two (2) moving violations in the last year. violations in the last year. 213 236 214 (8) Every new TNC driver applicant shall have 237 (8) Every new TNC driver applicant shall have at least one year's driving experience as a licensed at least one year's driving experience as a licensed driver, meeting the standards of this subsection. driver, meeting the standards of this subsection. Such prior driving experience shall be verified by Such prior driving experience shall be verified by the TNC prior to endorsement as a TNC driver. the TNC prior to endorsement as a TNC driver. 215 238 n n n n n 216 (9) Have a demonstrated knowledge of the geography and street system of the City of Minneapolis and surrounding areas, as well as the location of major attractions within those areas. 217 218 (10) Have a demonstrated knowledge of the provisions of this chapter relating to the conduct of TNC endorsed drivers. 219 220 (11) Shall not have a physical or mental disability that would prevent the TNC driver from safely operating a TNC vehicle and performing the normal duties of an endorsed TNC driver. 221 (12) For any driver seeking original TNC endorsement shall have successfully completed the 222 TNC driver training course approved by the License Official. 223 (13) Has not had a taxicab or commercial drivers license suspended, revoked or non-renewed by a 224 city or state within the five (5) years immediately preceding his application to be a driver. 225 (14) All licensees shall perform a criminal history record check pursuant to the procedures outlined in Minnesota Statute chapter 299C.67 (subd. 2) on each transportation network driver applicant before endorsing such applicant. 226 All licensees shall also obtain and review each transportation network driver applicant's driving record in all states where the applicant driver has held a driver’s license in the past five years, before endorsing such driver. 227 (15) One (1) year after the initial date of endorcement a driver, and annually thereafter, each licensee shall verify that the driver is still eligible to be a transportation network company driver by verifying that the driver meets all of the requirements specified in this section, including the 228 driving and criminal background check requirements, and shall keep records of such verification for a period of three years and shall allow such records to be reviewed by law enforcement personnel and the License Official or his designee upon request. 229 (16) If a licensee engages an ineligible driver or fails to annually ascertain the eligibility of each 230 driver such licensee engages, the licensee shall be liable for the violation of this section and shall also be jointly and severally liable with the ineligible 239 (9) Have a demonstrated knowledge of the geography and street system of the City of Minneapolis and surrounding areas, as well as the location of major attractions within those areas. 240 241 (10) Have a demonstrated knowledge of the provisions of this chapter relating to the conduct of TNC endorsed drivers. 242 243 (11) Shall not have a physical or mental disability that would prevent the TNC driver from safely operating a TNC vehicle and performing the normal duties of an endorsed TNC driver. 244 n (12) For any driver seeking original TNC endorsement shall have successfully completed the 245 TNC driver training course approved by the licensing official. 246 n (13) Has not had a taxicab or commercial driver’s license suspended, revoked or non-renewed by a city 247 or state within the five (5) years immediately preceding his application to be a driver. 248 n (14) All licensees shall perform a criminal history record check pursuant to the procedures outlined in Minn. Statute chapter 299C.67 on each transportation network driver applicant before endorsing such applicant. All licensees shall also 249 obtain and review each transportation network driver applicant's driving record in all states where the applicant driver has held a driver’s license in the past five years, before endorsing such driver. 250 n (15) One (1) year after the initial date of endorsement a driver, and annually thereafter, each licensee shall verify that the driver is still eligible to be a transportation network company driver by verifying that the driver meets all of the requirements specified in this section, including the 251 driving and criminal background check requirements, and shall keep records of such verification for a period of three years and shall allow such records to be reviewed by law enforcement personnel and the licensing official upon request. 252 n (16) If a licensee knowingly allows an ineligible driver access to its digital platform or network, 253 or fails to annually ascertain the eligibility of each driver such licensee allows access, the licensee shall be liable for the violation of this section and shall driver for any violation of this chapter by the ineligible driver. also be jointly responsible with the ineligible driver for any violation of this chapter by the ineligible driver. 231 254 232 343.130 Transportation network driver, 255 343.130 Transportation network driver, intoxicating intoxicating substance policy. (a) All licensees shall substance policy. (a) All licensees shall include on include on its website, mobile application and its website, mobile application and riders' receipts, a riders' receipts, a notice or information on the notice or information on the licensee's zero-tolerance licensee's zero-tolerance policy for intoxicating policy for intoxicating substances and the methods substances and the methods to report a to report a transportation network company driver transportation network company driver whom the whom the rider reasonably suspects was under the rider reasonably suspects was under the influence influence of drugs or alcohol during the ride. The of drugs or alcohol during the ride. The website and website and mobile application shall include a phone mobile application shall include a phone number or number or mobile application call function and mobile application call function and email address email address to report the zero-tolerance complaint. to report the zero-tolerance complaint. 233 256 n 343.140 Driver identification card. The licensee n 343.140 Driver identification card. The licensee shall issue an identification card to drivers that such shall issue an identification card to drivers that such licensee engages. Such identification card shall licensee engages. Such identification card shall have have the name of the driver and a photograph the first name of the driver and a photograph attached to the identification card. Any attached to the identification card. Any 234 transportation network driver shall wear the 257 transportation network driver shall wear the identification card at all times while operating a identification card at all times while operating a transportation network vehicle and are active on the transportation network vehicle and are active on the TNC dispatch system, or this card may be TNC dispatch system, or this card may be electronically displayed to the passengers mobile electronically displayed to the passengers mobile device during a TNC ride. device during a TNC ride. 235 258 236 343.150 Operating regulations. (a) In addition to all 259 343.150 Operating regulations. (a) In addition to all other applicable requirements provided by law, it other applicable requirements provided by law, it shall be unlawful for any person: shall be unlawful for any person: 237 260 238 (1) Who is under the age of eighteen years to 261 (1) Who is under the age of eighteen years to operate operate a transportation network vehicle; a transportation network vehicle; 239 262 240 (2) To operate a transportation network vehicle 263 (2) To operate a transportation network vehicle while under the influence of alcoholic beverages or while under the influence of alcoholic beverages or controlled substances, other than medication controlled substances, other than medication prescribed by a physician, provided that such prescribed by a physician, provided that such prescribed medication does not warn that the user prescribed medication does not warn that the user not operate machinery while taking the medication; not operate machinery while taking the medication; 241 264 242 (3) To operate, or cause to be operated, a 265 (3) To operate, or cause to be operated, a transportation network vehicle in any area where transportation network vehicle in any area where the the operation of such vehicle is prohibited by an operation of such vehicle is prohibited by an applicable law; applicable law; 243 266 244 (4) To operate a transportation network vehicle 267 (4) To operate a transportation network vehicle within the city while not in possession of a valid within the city while not in possession of a valid driver's license issued by the State of Minnesota or driver's license issued by the State of Minnesota or Wisconsin and proof that the driver is the registered Wisconsin and proof that the driver is the registered owner of the vehicle; owner of the vehicle; 245 n 268 (5) To operate, or cause to be operated, a n (5) To operate, or cause to be operated, a transportation network vehicle that does not meet transportation network vehicle that does not meet 246 269 the requirements of Sections 343.80 and 343.90 of the requirements of sections 343.80 and 343.90 of this chapter; or this chapter; or 247 270 248 (6) To transport or cause to be transported more 271 (6) To transport or cause to be transported more than than six passengers on any given ride in a vehicle, six passengers on any given ride in a vehicle, or to or to exceed the designed capacity of the vehicle. exceed the designed capacity of the vehicle. 249 272 250 (b) No transportation network company driver shall 273 (b) No transportation network company driver shall pick up or discharge a passenger on: pick up or discharge a passenger on: 251 274 n (1) Designated taxicab stands, no stopping or n (1) Designated taxicab stands, no stopping or 252 standing zones, or other restricted areas as outlined 275 standing zones, or other restricted areas as outlined in Chapter 478 of this code. in chapter 478 of this code. 253 276 254 (c) No person may possess an open beverage 277 (c) No person may possess an open beverage alcohol alcohol container while such person is operating or container while such person is operating or being being transported by a transportation network transported by a transportation network company company vehicle, nor may any person transport, vehicle, nor may any person transport, carry, possess carry, possess or have any beverage alcohol while or have any beverage alcohol while being being transported by a transportation network transported by a transportation network company company vehicle, except in the original package vehicle, except in the original package with the seal with the seal unbroken. unbroken. 255 278 256 (d) No licensee or transportation network company 279 (d) No licensee or transportation network company driver shall solicit potential passengers. driver shall solicit potential passengers. Transportation network company vehicles may Transportation network company vehicles may only only be used to provide prearranged transportation be used to provide prearranged transportation service. For purposes of this subsection, the term service. For purposes of this subsection, the term "solicit" means an appeal by words or gestures for "solicit" means an appeal by words or gestures for immediate patronage of a transportation network immediate patronage of a transportation network vehicle by a licensee or a transportation network vehicle by a licensee or a transportation network driver upon the public way attempting to direct driver upon the public way attempting to direct people to a transportation network vehicle that is people to a transportation network vehicle that is parked, stopped, standing or moving upon the parked, stopped, standing or moving upon the public public way. way. 257 280 258 (e) No transportation network company driver shall 281 (e) No transportation network company driver shall accept or respond to passengers' or potential accept or respond to passengers' or potential passengers' requests for service via traditional street passengers' requests for service via traditional street hail, including hand gestures and verbal statements. hail, including hand gestures and verbal statements. 259 282 260 (f) No transportation network company vehicle 283 (f) No transportation network company vehicle shall shall be unlawfully parked on any public way for a be unlawfully parked on any public way for a time time longer than is reasonably necessary to accept longer than is reasonably necessary to accept passengers in answer to a prearranged passengers in answer to a prearranged transportation transportation service and no passenger shall be service and no passenger shall be accepted except as accepted except as provided in subsection (d) of provided in subsection (d) of this section. this section. 261 284 262 (g) The Internet-enabled application or digital 285 (g) The Internet-enabled application or digital platform used by a licensee to connect drivers and platform used by a licensee to connect drivers and passengers shall display for a passenger: passengers shall display for a passenger: 263 286 264 (1) the identification card of the transportation 287 (1) the identification card of the transportation network driver; network driver; 265 288 266 (2) a picture of the transportation network vehicle 289 (2) a picture of the transportation network vehicle the driver is approved to use, including the license the driver is approved to use, including the license plate number of the vehicle; and plate number of the vehicle; and 267 290 268 (3) the city's 311 service center number the 291 (3) the city's 311 service center number the passenger may use to report complaints. In passenger may use to report complaints. In addition, addition, any licensee shall make any information any licensee shall make any information displayed displayed in the licensee's Internet-enabled in the licensee's Internet-enabled application or application or digital platform also available on digital platform also available on such licensee's such licensee's website. website. 269 292 n (h) Any licensee shall clearly disclose, on the n (h) Any licensee shall clearly disclose, on the licensee's on-line enabled application or digital licensee's on-line enabled application or digital platform and website, that the licensee is a platform and website, that the licensee is a 270 transportation network provider. Additionally, the 293 transportation network provider. Additionally, the disclosure shall state that each licensee is required disclosure shall state that each licensee is required to to maintain Insurance policies as specified maintain Insurance policies as specified in section in Section 343.70 of this chapter. 343.70 of this chapter. 271 294 n (i) Any licensee shall provide proof of insurance n (i) Any licensee shall provide proof of insurance documents required in Section 343.70 to each documents required in section 343.70 to each 272 transportation network driver before the driver 295 transportation network driver before the driver begins providing service and for as long as the begins providing service and for as long as the driver remains available to provide service. driver remains available to provide service. 273 296 274 (j) Any licensee shall provide passengers an 297 (j) Any licensee shall provide passengers an opportunity to indicate whether they require a opportunity to indicate whether they require a wheelchair-accessible transportation network wheelchair-accessible transportation network vehicle. If a licensee cannot provide a wheelchairvehicle. If a licensee cannot provide a wheelchairaccessible transportation network vehicle, it shall accessible transportation network vehicle, it shall direct the request to a licensed provider of such direct the request to a licensed provider of such service. A license fee surcharge may be charged to service. A license fee surcharge may be charged to all TNC’s that do not provide wheelchair accessible all TNC’s that do not provide wheelchair accessible transportation services. This license fee surcharge transportation services. This license fee surcharge will be indicated on the license fee schedule. will be indicated on the license fee schedule. 275 298 n (k) Any licensee shall have an affirmative duty to n (k) Any licensee shall have an affirmative duty to respond to requests for service and shall be respond to requests for service and shall be responsible for the actions of any of its employees, responsible for the actions of any of its employees, 276 transportation network drivers, or other person that 299 transportation network drivers, or other person that reports to, or acts as an agent of, the licensee, for reports to, or acts as an agent of, the licensee, for any failure to respond to a request for service. any failure to respond to a request for service from an orderly passenger. 277 300 n 278 (I) Any transportation network driver shall all times n 301 (I) Any transportation network driver shall all times carry in the TNC vehicle proof of the insurance policies required in Section 343.70. 279 n carry in the TNC vehicle proof of the insurance policies required in section 343.70. 302 (m) Any terms or conditions in the agreement n (m) Any terms or conditions in the agreement between the licensee and the transportation network between the licensee and any customer, that would driver, or between the licensee and any customer, act as a waiver of the licensee's liability to the 280 that would act as a waiver of the licensee's liability 303 customer, or to the public, are declared to be to the driver, the customer, or to the public, are contrary to public policy, null, void and declared to be contrary to public policy, null, void unenforceable. and unenforceable. 281 304 282 (n) TNC drivers shall not: 305 (n) TNC drivers shall not: 283 306 n (1) Provide false information to or refuse to obey or n (1) Provide false information to or refuse to obey or to comply with any lawful order or direction of the to comply with any lawful order or direction of the license inspector or any police officer, or trafficlicensing official or any police officer, or traffic284 307 control officer, nor shall any licensee use profane control officer, nor shall any licensee use profane language or otherwise interfere with such officials language or otherwise interfere with such officials while in the performance of their duties; while in the performance of their duties; 285 308 286 (2) Take a circuitous route to a destination, or any 309 (2) Take a circuitous route to a destination, or any route other than the most direct route, without the route other than the most direct route, without the express consent of the passenger; express consent of the passenger; 287 310 288 (3) Drop a passenger at a location other than the 311 (3) Drop a passenger at a location other than the location requested unless prohibited by law; location requested unless prohibited by law; 289 312 290 (4) Refuse to convey an orderly passenger; 313 (4) Refuse to convey an orderly passenger; 291 314 n (o) No TNC licensee shall disable, eliminate or n (o) No TNC licensee shall disable, eliminate or otherwise prevent access to the TNC mobile otherwise prevent access to the TNC mobile 292 application by the License Official 315 application by the licensing official or designees of or their designees for purposes of enforcing this the licensing official for purposes of enforcing this chapter. chapter. (p) No TNC licensee shall notify TNC drivers that a potential customer is or may be a licensing official 316 or designee, or in any way otherwise interfere with or obstruct enforcement of this Code by the licensing official. 293 317 n 343.160 Service charges and fare rates. Licensees n 343.160 Service charges and fare may charge compensation for service based on rates. Compensation for service may be distance travelled and/or time elapsed during charged based on distance travelled and/or time service, or a flat prearranged fare. The TNC elapsed during service, or a flat prearranged fare. application must require that the passenger The TNC application must require that the passenger positively acknowledge on the application device positively acknowledge on the application device 294 318 used to summons the TNC driver that they agree to used to summons the TNC driver that they agree to the rate structure being charged for the trip the rate structure being charged for the trip requested. Upon completion of a prearranged ride, requested. Upon completion of a prearranged ride, a a TNC shall transmit to the rider an electronic TNC shall transmit to the rider an electronic receipt, receipt, either by electronic mail or via text either by electronic mail or via text message. The message. The message shall document the point of message shall document the point of origin and origin and destination of the ride, the total distance and duration of the ride, the total fare paid including the base fare and any additional charges, and the driver’s first name and telephone number. 295 n destination of the ride, the total distance and duration of the ride, the total fare paid including the base fare and any additional charges, and the driver’s first name and telephone number. 319 343.170 Records and reports. (a) Every licensee n 343.170 Records and reports. (a) Every licensee shall keep accurate books and records of account of shall keep accurate books and records of account of the licensee's operations at the licensee's place of the licensee's operations at the licensee's place of 296 320 business in the city for a minimum of three (3) business in the city for a minimum of three (3) years. Such records shall be submitted for years. Such records shall be submitted for inspection inspection upon the request of the License Official. upon the request of the licensing official. 297 321 n (b) Each licensee shall provide the following data n (b) Each licensee shall provide the following data 298 to License Official, at such times and in a format 322 to licensing official, at such times and in a format and manner prescribed by the License Official: and manner prescribed by the licensing official: 299 323 300 (1) The number and percentage of the licensee's 324 (1) The number and percentage of the licensee's customers within the city who requested wheelchair customers within the city who requested wheelchair accessible vehicles, and how often the licensee accessible vehicles, and how often the licensee referred such customers to another service referred such customers to another service provider; provider; 301 325 n (2) The number of rides requested and accepted by n (2) The number of rides requested and accepted by the licensee's drivers within each zip code within the licensee's drivers within each zip code within the the city; and the number of rides that were city; and the number of rides that were requested but requested but not accepted by the licensee within not accepted by the licensee within each zip 302 326 each zip code; code; Data provided pursuant to this subsection shall be deemed to be not public data to the extent permissible under the Minnesota Government Data Practices Act or other applicable law. 303 304 (3) Information on any of the licensee's drivers who 327 (3) Information on any of the licensee's drivers who were alleged to have committed a violation of this were alleged to have committed a violation of this chapter or their terms of service or who have been chapter or their terms of service or who have been suspended or banned from driving for the licensee, suspended or banned from driving for the licensee, including any zero-tolerance complaints and the including any zero-tolerance complaints and the outcome of the investigation into those complaints; outcome of the investigation into those complaints; 305 328 n (4) Information on any accident or other incident n (4) Information on any accident or other incident that involved the licensee's driver and that was that involved the licensee's driver and that was reported to the licensee, the cause of the incident, reported to the licensee, the cause of the incident, and the amount paid, if any, for compensation to and the amount paid, if any, for compensation to any any party in each incident. The report will contain party in each incident. The report will contain information as to the date of the incident, the time information as to the date of the incident, the time of 306 329 of the incident, and the amount that was paid the incident, and the amount that was paid pursuant pursuant to the driver's insurance policy, the to the driver's insurance policy, the licensee's licensee's insurance policy, or any other source. insurance policy, or any other source, if it is Also, the report will provide the total number of available to the TNC. Also, the report will provide incidents involving the licensee's driver during the the total number of incidents involving the licensee's year; driver during the year; 307 330 308 (5) The average and mean number of hours and 331 (5) The average and mean number of hours and miles each of the licensee's drivers spent driving for miles each of the licensee's drivers spent driving for the licensee; and 309 n the licensee; and 332 (6) Real-time tracking of the licensee's drivers and n (6) The licensee must provide upon the request of vehicles so as to determine whether or not a the licensing official, police chief, or their designees, particular TNC driver was active on the factual information regarding the licensee's drivers application, enroute to a passenger location, or and vehicles so as to determine whether or not a engaged with a passenger at a specific time and particular TNC driver was active on the TNC 310 333 date. If specialized hardware or software is dispatch system application, in route to a passenger required for real-time tracking, the licensee shall location, or engaged with a passenger at a specific provide the specialized hardware or software to the time and date. Such information shall be city. provided within eight hours of the request unless otherwise required by the licensing official. 311 334 312 (7) Evidence that the TNC has complied with the 335 (7) Evidence that the TNC has complied with the background check requirements for all endorsed background check requirements for all endorsed TNC drivers. TNC drivers. 313 336 n 343.180 License suspension or revocation. (a) n 343.180 License suspension or revocation. (a) The License Official may seek all applicable The licensing official may seek all applicable penalties, including but not limited to fines, license penalties, including but not limited to fines, license conditions, license suspension, denial, and license conditions, license suspension, denial, and license revocation in addition to restitution or other revocation in addition to restitution or other equitable relief against any licensee that violates equitable relief against any licensee that violates this 314 337 this chapter or any rules or regulations adopted chapter or any rules or regulations adopted pursuant pursuant to this chapter. Before any condition, to this chapter. Before any condition, suspension, suspension, revocation, or fine is imposed, or revocation, or fine is imposed, or equitable relief is equitable relief is ordered, the licensee shall be ordered, the licensee shall be notified of the specific notified of the specific charges against him and of charges against him and of his right to a hearing. his right to a hearing. 315 338 316 (b) Any person whose transportation network 339 (b) Any person whose transportation network company license is revoked or denied under this company license is revoked or denied under this chapter shall be ineligible to receive another chapter shall be ineligible to receive another transportation network company license under the transportation network company license under the same or a different name for a period of five years same or a different name for a period of five years following revocation or denial. following revocation or denial. 317 340 n (c) In addition to the powers authorized in this n (c) In addition to the powers authorized in this section, the City Council may suspend, revoke or section, the city council may suspend, revoke or non-renew a TNC license In accordance with other non-renew a TNC license In accordance with other 318 341 applicable sections of the Minneapolis Code of applicable sections of the Minneapolis Code of Ordinances, Minnesota Statutes, or Federal laws Ordinances, Minnesota Statutes, or Federal laws and and rules. rules. 319 342 320 343.190 Violations and penalties. (a) Any licensee 343 343.190 Violations and penalties. (a) Any licensee who violates this chapter or any rule or regulation who violates this chapter or any rule or regulation promulgated hereunder shall be subject to an promulgated hereunder shall be subject to an administrative penalty as listed in the administrative penalty as listed in the administrative administrative fine schedule. Each day that any fine schedule. Each day that any violation shall violation shall continue shall be deemed a separate continue shall be deemed a separate and distinct and distinct offense. offense. 321 344 322 (b) Any person other than a licensee who violates 345 (b) Any person other than a licensee who violates this chapter or any rule or regulation promulgated hereunder shall be subject to an administrative penalty as listed in the administrative fine schedule. Each day that any violation shall continue shall be deemed a separate and distinct offense. 323 n this chapter or any rule or regulation promulgated hereunder shall be subject to an administrative penalty as listed in the administrative fine schedule. Each day that any violation shall continue shall be deemed a separate and distinct offense. 346 343.200 Enforcement, rules and regulations. (a) n 343.200 Enforcement, rules and regulations. (a) Upon request, a driver shall display to law Upon request, a driver shall display to law enforcement personnel or the License Official, or enforcement personnel or the licensing official, or other person authorized to enforce this chapter, a other person authorized to enforce this chapter, a physical or electronic record of a ride in progress physical or electronic record of a ride in progress 324 347 sufficient to establish that it was a prearranged sufficient to establish that it was a prearranged transportation service. To the extent that trip transportation service. To the extent that trip records records are contained on electronic devices, drivers are contained on electronic devices, drivers are not are not required to relinquish custody of the devices required to relinquish custody of the devices in order in order to make the required display. to make the required display. 325 348 n (b) If a passenger files a complaint against a n (b) If a passenger files a complaint against a licensee licensee or driver with the city, in addition to all or driver with the city, in addition to all other other powers and remedies provided under this powers and remedies provided under this Code, Code, the License Official or authorized staff shall the licensing official or authorized staff shall have have the right to Inspect the licensee's records as the right to Inspect the licensee's records as 326 349 necessary to investigate and resolve the complaint necessary to investigate and resolve the complaint to to the same extent the License Official and the the same extent the licensing official and law License Official’s authorized staff, and law enforcement personnel are permitted to inspect all enforcement personnel is permitted to inspect all other public passenger vehicles. other public passenger vehicles. 327 350 n (c) The License Official is authorized to enforce n (c) The licensing official is authorized to enforce this chapter, and to adopt rules and regulations for this chapter, and to adopt rules and regulations for 328 351 the proper administration and enforcement of this the proper administration and enforcement of this chapter. chapter. 329 352 t (d) Any fees imposed pursuant to rules authorized t (d) Any fees imposed pursuant to rules authorized by this chapter shall be reasonably related to by this chapter shall be reasonably related to 330 the City's cost of administration, and shall be 353 the city's cost of administration and enforcement, effective upon approval of the license fee and shall be effective upon approval of the license schedule by City Council resolution. fee schedule. 331 332 354 333 355 334 356