§ 33-003. Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them by this section, unless the context shall indicate another or different meaning or intent.

Airport service shall mean vehicles that may serve the airport without city-wide service restrictions. A city-wide permit is a prerequisite for the issuance of an airport permit. No driver shall pick up a passenger on any portion of San Antonio International Airport (SAT) or Stinson Airfield (SSF) without proper authorization pursuant to chapter 3, article II of this Code, including payment of any fees.

Application shall mean the written request for a permit agreement or drivers permit.

Appointment basis only shall mean a ground transportation service pre-arranged by the passenger prior to the arrival of a vehicle for hire at the point of origin.

Association shall mean an incorporated or unincorporated society or group of persons united for some purpose related to the operation of ground transportation vehicles. This term includes a cooperative association.

Business office shall mean a location used for the purpose of conducting operations. A business office must have a valid mailing address within the city limits, other than a post office box.

Charter service shall mean a ground transportation service that uses vehicles with a capacity of sixteen (16) or more passengers to transport passengers belonging to a specified group and that is:

(a)

Offered only upon a pre-arranged basis, the pre-arrangement being made at least one hour in advance of the time the transportation is to begin and on a pre-sold basis; and

(b)

Is used to transport a specified group of passengers from the same or various points of origin to a same point of destination.

(c)

Has registered with the state department of motor vehicles as a commercial vehicle.

City shall mean the City of San Antonio.

City manager shall mean the person, or the city manager's authorized or designated representative.

City-wide service shall mean vehicles that service the entire city except the San Antonio International Airport. City-wide vehicles may drop-off passengers at the airport

Classic vehicle shall mean a motor vehicle used in the operation of a limousine service, which is twenty-five (25) years of age or older and is of special interest to or in demand by auto collectors due to the vehicle's rarity, limited production, public recognition or increasing value.

Code shall mean the City Code of San Antonio, Texas.

Compensation shall mean any money, thing of value, payment, consideration, reward, tip, donation, gratuity or profit paid to, accepted or received by the driver or owner of any vehicle in exchange for transportation of a person, or persons, whether paid upon solicitation, demand or contract, or voluntarily, or intended as a gratuity or donation.

Courtesy vehicle shall mean a vehicle which provides a passenger ground transportation service exclusively for the clients of a sponsor of such vehicle and such sponsor is not a business, association, organization or any other entity engaged in providing a vehicle for hire service of any kind, and which accepts no fares or compensation paid by a passenger to the driver of such a vehicle or to the sponsor.

Conviction means a conviction in a federal court or a court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned. Conviction shall also mean a plea of guilty or a finding of guilt in said courts.

Data device shall mean any device that is approved by the department for dispatching purposes. This device must be assigned to either a licensed vehicle or licensed driver.

Director or department director shall mean the department head assigned the responsibility for supervising the city's ground transportation services or the authorized or designated representative of such department head.

Dispatch shall mean to operate a scheduling service in which requests for vehicles for hire are received by phone, in person, by the internet, or by any other voice, data or electronic communication, and vehicles for hire are scheduled from the service to the vehicle for hire by radio or data device including, but not limited to, a device capable of any voice, data or electronic communication, or transportation network company application.

Driver shall mean any individual who operates a vehicle for hire under the holder's permit. The driver shall have a State of Texas drivers license required for the class of vehicle being operated, as defined in V.T.C.A., Transportation Code §§ 521.081 and 521.082, and a valid and current drivers permit issued under this chapter.

Drivers identification shall mean an identification document which is given to a driver by a TNC holder following the issuance of a drivers permit, which must include the driver's true and correct name and a photograph of the driver. Transportation network companies may issue this identification in an electronic format.

Drivers permit shall mean a photo I.D. card issued to an individual by the director which verifies that the individual has met all city requirements and is qualified to operate a vehicle for hire in the city, except for transportation network companies this term shall mean an authorization issued pursuant to section 33-985. For transportation network companies, a drivers permit is a prerequisite to the issuance of a drivers identification.

Dwelling shall mean any "dwelling, one-family," "dwelling, one-family attached," "dwelling, single family-detached," "dwelling, two-family (duplex)," "dwelling, two-family attached," "dwelling, three-family (triplex)," "dwelling, four-family (quadraplex)," "dwelling, multifamily," "dwelling, single-family" or "dwelling unit," as such terms are defined in chapter 35 of this Code.

Facility shall mean a location for the conduct of business which includes but is not limited to a business office and a garage for the maintenance of vehicles for hire.

Ground transportation service shall mean a service which utilizes or connects individuals with vehicles for hire in the transportation of passengers from within the city and which includes, but is not limited to, equine-drawn carriage service, group cycle service, limousine service, pedicab service, tour service, charter service, taxicab service and transportation network companies.

Group cycle shall mean a device with four (4) or more wheels propelled by human power exerted through a belt, chain, or gears capable of carrying a driver and six (6) or more seated passengers on a platform made as part of the device. Group cycles may utilize assist motors as long as they:

(a)

Are not intended to be the primary power for the cycle;

(b)

Are not continuously operating and are shut off when the cycle is at a speed of five (5) miles per hour or greater speed; and

(c)

Have been approved by the director.

Group cycle service shall mean a ground transportation service operating for hire that uses a group cycle in the operation of the service and includes, but is not limited to, a facility from which the service is operated, a group cycle used in the operation of the service, and a person who owns or operates said service. Such service shall only be operated on a pre-arranged basis.

Holder shall mean a person, company, corporation, cooperative or association, or the individual members of such cooperative or association that applies for and is granted an operating permit with the city for a ground transportation service. A holder is responsible to assure that any driver who operates under the holder's permit fully complies with chapter 33, the failure of which shall subject a holder to potential revocation or suspension of the holder's permit(s) under article I, division 3, revocation/suspension of permits.

Hybrid taxicab shall mean a taxicab with more than one power source, such as an electric motor and internal combustion engine or an electric motor with battery and fuel cells for energy storage.

Inspection re-scheduling fee shall mean a fee that is charged to a permit holder for a vehicle that was scheduled for an inspection and that vehicle failed to show for the scheduled inspection. This fee may be waved if the permit holder provides an acceptable reason, at least twenty-four (24) hours in advance of the inspection, the permit holder can provide proof of an extreme situation that caused a vehicle to fail to show or if the inspection time is filled by another vehicle.

Limousine service shall mean a ground transportation service that uses vehicles with a capacity of four (4) to fifteen (15) passengers to transport passengers for a fare based on a one hour or more hiring period and:

(a)

On an pre-arranged basis only; and

(b)

On irregular routes and schedules.

The term "limousine service" may also refer to any or all of the following:

(1)

A facility from which the service is operated;

(2)

Vehicles for hire used in the operation of the service; or

(3)

A person who owns or operates said service.

A limousine service vehicle shall not be equipped with a taximeter.

Limo-bus shall mean a motor vehicle that:

(a)

Has been so designated by the director; and

(b)

Has a manufacturer's or modifier's rated seating capacity at least nine (9) and not more than forty-five (45) passengers.

(c)

If the rated seating capacity is more than fifteen (15) passengers, has registered with the state department of motor vehicles as a commercial vehicle.

Limo-van shall mean a motor vehicle that:

(a)

Has been so designated by the director; and

(b)

Has a manufacturer's or modifier's rated seating capacity of at least eight (8) and not more than fifteen (15) passengers.

Luxury vehicle shall mean a motor vehicle that:

(a)

Has been designated by the director as a luxury vehicle;

(b)

Has a manufacturer's rated seating capacity of not more than eight (8) passengers; and

(c)

Has an original wheelbase of one hundred nine (109) inches or more.

Manifest shall mean the daily record prepared by a driver or a holder upon which appears the driver's name and vehicle number; date and hours of operation; time, place, origin and destination of each trip; amount of fare and other charges; and all other information as required by this chapter.

Mini-bus shall mean a motor vehicle that has a manufacturer's rated seating capacity of at least nine (9) and not more than forty-five (45) passengers.

Motor coach shall mean a motor vehicle that:

(a)

Has a manufacturer's seating capacity of more than forty (40) passengers;

(b)

Has luggage storage compartments located below the passenger area; and

(c)

Is normally associated with interstate bus service.

Open-air bus shall mean a bus in which all levels have open sides or an open top.

Operate or operating shall mean to drive or to be in control of a vehicle for hire. It shall also include the act of driving, managing or directing the utilization of one or more vehicles for hire.

Operating permit shall mean a city-issued certificate which authorizes the holder to operate the number of vehicles for hire specified therein.

Operator shall mean the driver of a vehicle for hire, the owner of a vehicle for hire, or the holder of a vehicle for hire service.

Owner shall mean the person to whom state license plates for a vehicle were issued.

Owner/Operator shall mean an individual person that has an agreement with the city to operate a taxicab service with a single vehicle under an owner/operator permit.

Passenger shall mean an individual, including the driver, being transported by a vehicle for hire.

Pedicab shall mean a device with three (3) or more wheels propelled exclusively by human power exerted through a belt, chain, or gears capable of carrying a driver and one or more passengers on a platform made as part of the device. Pedicabs may utilize assist motors as long as they:

(a)

Are not intended to be the primary power for the cycle;

(b)

Are not continuously operating and shut off when the cycle is at a speed of five (5) miles per hour or greater speed; and

(c)

Have been approved by the director.

Pedicab service shall mean a ground transportation service operated for hire that uses a pedicab in the operation of the service and includes, but is not limited to a facility from which the service is operated, a pedicab used in the operation of the service and a person who owns or operates said service.

Permit agreement shall mean the written agreement between the city and a person for an operating permit which authorizes the operation of a ground transportation service after the issuance of such operating permit.

Permit holder shall mean the individual who:

(a)

Owns the company if a sole proprietorship;

(b)

Who has been designated as having the controlling interest over a company by the majority of owners of said company, and who is identified as an owner on the letter of incorporation; or

(c)

Has been elected as the president of a co-operative.

Person shall mean an individual, partnership, corporation, company association, co-op or other legal entity.

Pre-arranged basis shall mean operating with a reservation for service made at least one hour in advance of the time the transportation is to begin.

Pre-sold basis shall mean full or partial payment is made or guaranteed by cash, check, or charge account, at the time of reservation.

Rated passenger capacity shall mean that designated in number by the manufacturer, or if none, that designated in number by the director.

Reservation schedule shall mean a record prepared at the time of reservation upon which appears the specified group name; the date and time the reservation for service was made; the type of payment made (cash, check, charge); the amount charged; the number of persons in the specified group; the place of origin; the time of pick-up; the destination; and the time of drop-off.

Service animal shall mean any guide dog, signal dog or other animal individually trained to work or perform tasks for a person with a disability, including but not limited to guiding persons with impaired vision, alerting persons with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair or fetching dropped items.

Specified group shall mean more than one individual having some unifying relationship purposely assembled for traveling together. However, they are not required to be transported together.

Stand shall mean a public place alongside the curb or curb line or a street which has been designated by the director as reserved exclusively for use by a particular type of ground transportation service.

State shall mean the State of Texas.

Street shall mean any street, alley, avenue, boulevard, drive, public way or highway commonly used for the purpose of public travel within the city.

Stretch limousine shall mean a motor vehicle that:

(a)

Is a luxury vehicle with a wheelbase which has been extended one hundred (100) inches or more beyond the original manufacturer's specification;

(b)

Is in compliance with the rated seating capacity as required by the U.S. Department of Transportation (DOT) approved manufacturer's or modifier's data plate or weather proof label on the door jamb;

(c)

Possesses a DOT approved manufacturer's or modifier's data plate or weatherproof label on the door jamb; and

(d)

Is used for the transportation of persons from a location in the city to another location either inside or outside the city.

(e)

If the rated seating capacity is more than fifteen (15) passengers, has registered with the state department of motor vehicles as a commercial vehicle.

Sports utility vehicle (SUV) shall mean a motor vehicle that:

(a)

Is designated by the manufacturer as a SUV and is designated by the director as a SUV authorized for use in the limousine service; and

(b)

Has a manufacturer's seating capacity of not more than eight (8) passengers.

Taxicab shall mean a chauffeured motor vehicle having a rated passenger capacity not more than seven (7) passengers that is used to transport persons in a vehicle for hire on an on demand basis over routes determined by the destination of the passenger. A taxicab shall be equipped with a taximeter.

Taxicab service shall mean a passenger ground transportation service operated for hire that uses taxicabs in the operation of the service and includes, but is not limited to, a facility from which the service is operated, taxicabs used in the operation of the service and a person who owns or operates said service.

Taximeter shall mean a device that mechanically or electronically computes records and indicates a fare based upon the time or distance a vehicle for hire is engaged and/or the distance travelled by said vehicle. The taximeter shall calculate distance by the transmission of the vehicle or by electrical impulses from the vehicle. A taximeter may also be a virtual/smart taximeter that meets the applicable standards as established and updated or amended in the National Institute of Standards and Technology's (NIST) Handbook 44 and enforced by federal or state departments of weights and measures or comparable agency or program. A taximeter must be visible to a passenger seated in the rear of the vehicle. Taximeters shall be approved and sealed by the city.

Tour service shall mean a passenger ground transportation service that uses vehicles with a manufacturer's rating capacity of nine (9) or more passengers in the operation of the service and includes, but is not limited to, a facility from which the service is operated, vehicles used in the operation of the service, and a person who owns or operates said service, and that:

(a)

Is used to provide regularly scheduled and routed sight-seeing tours to persons for a per-passenger or per-hour charge agreed upon in advance; and

(b)

Returns passengers to their point of origin upon completion of a tour.

(c)

If the rated seating capacity is more than fifteen (15) passengers, has registered with the state department of motor vehicles as a commercial vehicle.

Transportation advisory board shall mean the advisory board created and designated as such by the city council.

Transportation network company (TNC) shall mean a person that uses an internet enabled application or digital platform to send or transmit an electronic, radio or telephonic communication through the use of a portable or handheld device, monitor, smartphone or other electronic device to connect passengers with transportation network drivers for transportation network operations.

Transportation network operation shall mean offering, making available or using a transportation network vehicle to provide a vehicle for hire service through a transportation network company, including any time when a driver is logged onto the transportation network company's internet-enabled application or digital platform showing that the driver is available to pick up passengers; when a passenger is in the vehicle; when the company's dispatch records show that the vehicle is dispatched or when the driver has accepted a dispatch and is en route to provide a vehicle for hire service to a passenger.

Transportation network vehicle shall mean any motor vehicle used to provide transportation network services, with a seating capacity of not more than seven (7) passengers.

Van shall mean a motor vehicle that:

(a)

Is designated by the manufacturer as a van and is designated by the director as a van; and

(b)

Has a manufacturer's seating capacity of at least eight (8) and not more than fifteen (15) passengers.

Vehicle for hire shall mean every chauffeured vehicle, other than mass transit vehicles or vehicles involved in an organized car pool not available to the general public, which is operated for any fare or compensation and used for the transportation of passengers over city streets. Such vehicles shall include but are not limited to taxicabs, buses, vans, mini-buses, motorcoaches, stretch limousines, classic vehicles, luxury vehicles, pedicabs and transportation network vehicles.

Vehicle number shall mean the identification number assigned to a vehicle for hire by the director.

Vehicle permit shall mean the city decal affixed to a vehicle for hire which evidences the holder's authority to operate said vehicle pursuant to the holder's operating permit. Transportation network companies shall issue the decal following verification by the TNC that the vehicle has met all city requirements under this chapter and the rules established by the director, which allows the vehicle to be operated for hire in the city. TNCs may issue this permit in an electronic format that can be displayed by the driver, and the expiration date of the permit will be determined by the date of the yearly inspection made by the TNC.

(Ord. No. 2014-12-11-1002, § 1(Att. A), 12-11-14; Ord. No. 2015-03-05-0152 , § 1(Att. A), 3-5-15; Ord. No. 2016-03-03-0164 , § 1(Att. A), 3-3-16; Ord. No. 2016-12-08-0968 , § 1(Att. B), 12-8-16; Ord. No. 2018-05-31-0396 , § 1, 5-31-18, eff. 7-1-18)