Expedited Bill No.......
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53
-~15..__
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Concerning: Taxicabs - Credit Card
Transactions
Revised:
3/01/16
Draft No.
3
Introduced:
December 8.
2015
Enacted:
March
1 2016
Executive: - - - - - - - - -
Effective: - - - - - - - - - -
Sunset Date: _N'"""o=n=e'--------
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsors: Councilmembers Eirich, Riemer and Navarro
AN EXPEDITED ACT
to:
(1)
limit the amount a licensee may charge a driver or affiliate for processing a
credit card transaction;
(2)
amend the requirements for credit card processing systems in taxicabs; and
(3)
generally amend County law concerning taxicabs.
By amending
Montgomery County Code
Chapter 53, Taxicabs
Sections 53-218. 53-221. 53-222 and 53-313
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Heading or de.fined term.
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Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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EXPEDITED BILL NO.
53-15
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Sec
1.
Sections 53-218. 53-221. 53-222 and 53-313 are amended as follows:
53-218. Responsibility of licensees, affiliates, and drivers.
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(f)
(1)
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A licensee must not impose on a driver or affiliate:
[[a charge of]] charges totaling more than [1% over bank,
merchant services and equipment provider] [[the fees paid by
the licensee [on] for processing any credit card transaction]] 5%
of any credit card transaction; or
(2)
any other charge of a type or amount other than those on the list
adopted by regulation under Section 53-111.
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53-221. Operating requirements.
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Each fleet and association must:
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ensure that each taxicab affiliated with or operating under a license issued
to the fleet or association places a written notice. clearly visible to
passengers in the vehicle and on a form approved by the Department. that
includes a statement:
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that the customer may choose to pay the fare using any available
payment system: and
identifies the available credit card processing systems approved by
the Department.
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53-222. User-side subsidy programs - participation.
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Any fleet or association must participate in the County's user-side
subsidy programs, as required by applicable regulations.
Each taxicab affiliated with. or operating under a license issued to. a
fleet or association that is required to participate in a County's user-side
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EXPEDITED BILL NO.
53-15
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subsidy program must be equipped to accept payment through the
program.
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(a)
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53-313. Passenger receipts; credit card transactions.
A driver must give each passenger a paper or electronic receipt showing
the name of the fleet or association, the taxicab number, the time and
place of origin and destination of each trip, and the amount of the fare, on
a form authorized by the Department, unless the passenger declines to
receive the receipt.
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(b)
A driver must accept major credit cards (including. at a minimum. Visa.
MasterCard. and American Express) as a form of payment for a fare.
(£)
A driver must allow a passenger to choose to pay the fare using any
available payment system. including a system provided by a fleet.
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(dl
Any system or service used to process credit card transactions must:
(1)
(2)
[[be compliant]] comply with all applicable tax laws; [[and]]
[accept payment through any County user-side subsidy program;
and
(3)]
be approved by the
Director~
comply with PCI DSS standards:
be registered to the appropriate licensee or driver with the
Department: and
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retain records of all transactions for at least six months.
A licensee or driver must allow the Director to inspect records of all credit
card transactions processed using a system registered to the licensee or
driver upon the Director's request.
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EXPEDITED BILL NO.
53-15
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Sec. 2. Expedited Effective Date.
The Council declares that this legislation
1,
is necessary for the immediate protection of the public interest. This Act takes effect
on the date when it becomes law.
Approved:
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Approved:
Isiah Leggett, County Executive
Date
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This is a correct copy ofCouncil action.
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Linda M. Lauer, Clerk of the Council
Date
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