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Sparks City Council Meeting 10/13/2014

General Business: 9.4

Title: First reading of Bill No. 2685, an ordinance amending Chapter 5.48 of the Sparks Municipal Code; repealing the requirement that taxicab drivers obtain a chauffer’s work permit from the Sparks Police Department; deferring to the Nevada Transportation Authority to issue taxicab drivers’ permits pursuant to NRS 706.462 to 706.4624, inclusive; and providing other matters properly related thereto.
Petitioner/Presenter: Tom Riley/Tom Riley
Recommendation: Read title of Ordinance; order it set for publication and public hearing; inform public of public hearing and potential adoption at meeting on 10/27/2014.
Financial Impact: Will reduce administrative expenses at SPD
Business Impact (Per NRS 237):
    
A Business Impact Statement is not required because this is not a rule.
Agenda Item Brief:

Repeals requirement that taxicab drivers obtain a chauffer’s work permit from the Sparks Police Department.



Background:

The Sparks Police Department has been regulating taxicab drivers for decades, requiring that such drivers undergo an investigation and obtain a chauffer’s work permit. The 2013 Nevada Legislature passed SB210, which was signed into law by Governor Sandoval, and which placed the licensing of taxicab drivers under the regulatory authority of the Nevada Transportation Authority (“NTA”). The new law requires taxicab drivers in Washoe County to obtain a driver’s permit from the NTA, rendering the City’s requirement for a chauffer’s work permit redundant. Due to the NTA’s broad authority, there is no longer any reason for the City to regulate taxicab drivers.



Analysis:

The elimination of the chauffer’s work permit will reduce the administrative burden at the police department, as well as the number of appeals to the work card review board. Taxicab drivers will now be regulated by the State agency.



Alternatives:

The “do nothing” alternative is not realistic and would perpetuate an unnecessary dual licensing of taxicab drivers. Also, it appears that the new legislation is intended to allow the State of Nevada to “occupy the field” of taxicab driver licensing, thereby arguably preempting the City’s inherent power to regulate business within the City. Therefore, it is likely that continued licensing of taxicab drivers by the City would be declared invalid by the Courts. The alternative of approving the ordinance, and thereby eliminating the requirement that taxicab drivers obtain a license from the City, is the preferred alternative.



Recommended Motion:

No motion is required for first reading of an ordinance.



Attached Files:
     Taxicab Drivers.pdf

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