(a) The Board of Supervisors may order the issuance of a permit to conduct an ambulance service in a nonexclusive operating area upon finding that the applicant has demonstrated that the public health, safety, welfare, convenience, and necessity require the availability of such ambulance service and that the applicant meets all requirements of this Chapter. The Board may also order the issuance of a permit for an exclusive operating area to a provider selected by the process as described in the EMS Plan for the County of San Bernardino.
(b) Whenever a new application is filed under the provisions of this Chapter for a permit to provide ambulance service in a part of the County that is not an exclusive operating area and where services already exist, the Board, after due investigation, may find and determine, as a matter of fact, that the applicant has failed to demonstrate there exists in the area sufficient potential need for ambulance service to justify the granting of an additional, separate and distinct permit for use within that operating area. Predicated on such findings, the Board of Supervisors may deny the application for permit on the grounds that the granting of such new permit is not economically or financially feasible and not in the public interest and welfare.
(c) The Board of Supervisors may order the denial or revocation of a permit if the applicant or any partner, officer, or director thereof:
(1) Was previously the holder of a permit issued under the ordinance which permit has been revoked or not reissued and the terms or conditions of the suspension have not been fulfilled or corrected;
(2) Is committing any act, which, if committed by any permittee, would be grounds for the suspension or revocation of a permit issued pursuant to this Chapter;
(3) Has committed any act involving dishonesty, fraud, or deceit whereby another is injured or where the applicant has benefitted;
(4) Has acted in the capacity of a permitted person or firm under this Chapter without having a permit therefor;
(5) Has entered a plea of guilty to, or been found guilty of, or been convicted of a felony, or a crime involving moral turpitude, and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal, irrespective of an order granting probation following such conviction suspending the imposition of sentence, or of a subsequent order under the provisions of Penal Code § 1203.4 allowing such person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the plea or verdict of guilty, or dismissing the accusation of information.
(1) The permittee shall obtain and keep in force during the term of said permit comprehensive general liability insurance issued by a company authorized to do business in the State of California, insuring the owner, and also naming the County as an additional insured of such ambulance against loss by reason of injury or damage that may result to persons or property from negligent operation or defective maintenance of such ambulance, or from violation of the chapter or local EMS Agency protocols or of any other law of the State of California or the United States. Said policy shall be in a sum determined annually by County Risk Management for personal injury to or death of any one person in any single accident; or destruction of property in any one accident. Workers’ Compensation insurance shall be carried covering all employees of the permit holder. Before the Health Officer shall issue a permit, copies of the policies or certificates evidencing such policies shall be filed with the Department. All policies shall contain a provision requiring a 30-day notice be given to the Department prior to cancellation, modification, or reduction in limits.
(2) Public providers shall show evidence of liability protection in the form of copies of insurance policies, official action of their governing body or other legal documents.
(Ord. 2084, passed - -1976; Am. Ord. 3251, passed - -1998)
