§ 12.54.030. Application information and fees.

A.

Upon application (on a form devised by the commission director) and the payment of a fee of one hundred dollars, a person may be issued an annual certificate to operate a horse-drawn carriage business subject to the approval of the commission.

B.

All applications for a certificate of public convenience and necessity shall set forth:

1.

Name, home address, telephone number, date of birth, and social security number of the applicant(s);

2.

Business name (D/B/A), business address and telephone number if different from above;

3.

A list of current drivers employed by the business, with each driver's permit number indicated;

4.

The form of business of the applicant, i.e. corporation, partnership, sole proprietor. If the business is a corporation or any other form of association, a copy of the documents establishing the business and the name, address, and citizenship of each person with a direct interest in the business;

5.

A description of any past business experience of the applicant, particularly in providing horse-drawn carriage services. Identification and description of any revocation or suspension of operating authority imposed by any government against any license or permit held by the applicant before the date of filing the application and any litigation related to the operation of the business and accidents involving injury to persons or animals;

6.

The number and description of carriages the applicant proposes to use in the operation of the service, including any identifying characteristics such as color, style and other markings;

7.

The number of horses the applicant proposes to use in the operation of the service along with a description and four separate and unobstructed color photographs of each animal (front, each side and rear), and a statement (not more than thirty days old) by a veterinarian certified by the State of Tennessee documenting that the horse has been examined and is approved as serviceable for its use in a carriage rental business and that there has been formulated and implemented a health maintenance plan for each horse. The commission may by rule require any necessary forms to implement this part;

8.

A description of the proposed service, including routes, rates or fares to be charged, and schedules, where applicable;

9.

Documentary evidence from an authorized insurance company indicating a minimum of one million dollars liability insurance held by the applicant as required by this chapter;

10.

The financial ability and responsibility of the applicant as reflected by a certified financial statement or, if an association, a full and complete statement of the amounts to be contributed monthly or annually by each member, insurance coverage to be provided, and other pertinent facts which may be required by the commission, the commission may by rule designate a specific financial statement to be submitted;

11.

Whether the applicant, or any employee, has been convicted, pled guilty, placed on diversion, probation or parole, or pled nolo contendere within a period of five years prior to the date of application for violation of any of the following criminal offenses under any local, state or federal law: homicide, rape, aggravated assault or battery, kidnapping, robbery, burglary, child molestation, any sex-related offense, leaving the scene of an accident, criminal solicitation, or any offense related to cruelty to animals or criminal attempt to commit any of above, perjury or false swearing in making any statement under oath in connection with the application for a driver's permit, or the felony possession, sale or distribution of narcotic drugs or controlled substances. If, at the time of application, the applicant is charged with any such offenses, consideration of the application shall be deferred until entry of a plea, conviction, acquittal, dismissal, or other final disposition of the charges;

12.

Documentary evidence of payment of ad valorem taxes owed on the real and personal property to be used in connection with the operation of the proposed service if the business establishment is located in the metropolitan government area;

13.

Any additional information, including business references, strategic plans and similar information, as the applicant desires to include to aid in the determination of whether the requested operating authority should be granted;

14.

Any additional information as the commission considers necessary to assist or promote the implementation or enforcement of this chapter or the protection of the public safety.

(Amdt. 1 and 2 with Ord. 2002-1075 § 1 (part), 2002)