§ 102-58. Restrictions on assignment or transfer.

(a)

A certificate shall not be assignable nor transferable. Any person to be certified to engage in the taxicab business within the town must apply in his own name for the certificate.

(b)

As a matter of fact to be considered by the board of commissioners in the decision whether to grant any applicant the certificate, the applicant may present appropriate proof that, if the certificate is issued, an owner, other than himself, will relinquish to the board for cancellation certain certificates held by that owner.

(1)

However, that matter of fact, if provided in the opinion of the board, shall be only one factor to be weighed among others by the board in reaching its decision on whether to grant or withhold the certificate.

(2)

That matter of fact shall specifically not relieve the applicant from the burden of proving that the public convenience and necessity requires the issuance of the certificate applied for.

(c)

If a certificate owner dies, the ownership certificate may be transferred on a temporary basis to some responsible person meeting the approval of the taxicab inspector, until the usual procedure for obtaining ownership certificates as provided for in this division may be followed.

(Code 1985, § 113.14; Code 1999, § 98-65)