(a) To qualify for a vehicle tow service license, an applicant must:
(1) be at least 19 years of age;
(2) be currently authorized to work full-time in the United States;
(3) be able to communicate in the English language; and
(4) not have been convicted of a crime:
(A) involving:
(i) criminal homicide as described in Chapter 19 of the Texas Penal Code;
(ii) kidnapping as described in Chapter 20 of the Texas Penal Code;
(iii) a sexual offense as described in Chapter 21 of the Texas Penal Code;
(iv) an assaultive offense as described in Chapter 22 of the Texas Penal Code;
(v) robbery as described in Chapter 29 of the Texas Penal Code;
(vi) burglary as described in Chapter 30 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in vehicle tow service;
(vii) theft as described in Chapter 31 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in vehicle tow service;
(viii) fraud as described in Chapter 32 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in vehicle tow service;
(ix) tampering with a governmental record as described in Chapter 37 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in vehicle tow service;
(x) public indecency (prostitution or obscenity) as described in Chapter 43 of the Texas Penal Code;
(xi) the transfer, carrying, or possession of a weapon in violation of Chapter 46 of the Texas Penal Code, or of any comparable state or federal law, but only if the violation is punishable as a felony under the applicable law;
(xii) a violation of the Dangerous Drugs Act (Article 4476-14, Vernon’s Texas Civil Statutes), or of any comparable state or federal law, but only if the violation is punishable as a felony under the applicable law;
(xiii) a violation of the Controlled Substances Act (Article 4476-15, Vernon’s Texas Civil Statutes), or of any comparable state or federal law, but only if the violation is punishable as a felony under the applicable law;
(xiv) criminal attempt to commit any of the offenses listed in Subdivision (4)(A)(i) through (xiii) of this subsection; and
(B) for which:
(i) less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the applicant was convicted of a misdemeanor offense;
(ii) less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the applicant was convicted of a felony offense; or
(iii) less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if, within any 24-month period, the applicant has two or more convictions of any misdemeanor offense or combination of misdemeanor offenses;
(5) not be addicted to the use of alcohol or narcotics;
(6) be subject to no outstanding warrants of arrest;
(7) not employ any person who is not qualified under this subsection.
(b) An applicant who has been convicted of, or who employs a person who has been convicted of, an offense listed in Subsection (a)(4), for which the required time period has elapsed since the date of conviction or the date of release from confinement imposed for the conviction, may qualify for a vehicle tow service license only if the director determines that the applicant, or the employee, is presently fit to engage in the business of a vehicle tow service. In determining present fitness under this section, the director shall consider the following:
(1) the extent and nature of the applicant’s, or employee’s, past criminal activity;
(2) the age of the applicant, or employee, at the time of the commission of the crime;
(3) the amount of time that has elapsed since the applicant’s, or employee’s, last criminal activity;
(4) the conduct and work activity of the applicant, or employee, prior to and following the criminal activity;
(5) evidence of the applicant’s, or employee’s, rehabilitation or rehabilitative effort while incarcerated or following release; and
(6) other evidence of the applicant’s, or employee’s, present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the applicant, or employee; the sheriff and chief of police in the community where the applicant, or employee, resides; and any other persons in contact with the applicant, or employee.
(c) It is the responsibility of the applicant, to the extent possible, to secure and provide to the director the evidence required to determine present fitness under Subsection (b) of this section.
(d) A licensee shall maintain a permanent and established place of business at a location within the city where a vehicle tow service is not prohibited by the Dallas Development Code. A licensee shall use only vehicle storage facilities located within the city where a vehicle storage facility is not prohibited by the Dallas Development Code.
(e) A licensee shall use employees only to provide vehicle tow service; except, that vehicle tow services licensed under this article may subcontract with each other to provide tow service. (Ord. Nos. 19099; 21282; 21435; 24175)