(a) A person commits an offense if, within the city, he, or his agent or employee:
(1) engages in vehicle tow service for compensation without a valid vehicle tow service license issued by the director under this article;
(2) causes a vehicle to be removed from private property, without the consent of the vehicle owner or operator, by a vehicle tow service not licensed by the director under this article; or
(3) employs or contracts with a vehicle tow service not licensed by the director under this article for the purpose of having a vehicle removed from private property without the consent of the vehicle owner or operator.
(b) To obtain a vehicle tow service license, a person must make written application to the director upon a form provided for that purpose. The application must be signed by the person who will own, control, or operate the proposed vehicle tow service. The application must be verified and include the following:
(1) the name, address, and telephone number of the applicant, the trade name under which the applicant does business, the street address and telephone number of the vehicle tow service establishment, and the name, street address, and telephone number of each vehicle storage facility used by the vehicle tow service;
(2) the number and types of vehicles to be operated, including the year, make, model, vehicle identification number, and state license plate number of, and the type of winch to be operated on, each wrecker;
(3) documentary evidence from an insurance company indicating a willingness to provide liability insurance as required by this chapter;
(4) a statement attesting that each wrecker used by the vehicle tow service has been rendered for ad valorem taxation in the city and that the applicant is current on payment of those taxes;
(5) a list, to be kept current, of the owners and management personnel of the vehicle tow service, and of all employees who will participate in vehicle tow service, including names, dates of birth, state driver’s license numbers, social security numbers, and wrecker driver’s permit numbers;
(6) a copy of a written agreement, if one exists, between the vehicle tow service and each vehicle storage facility used by the tow service, other than its own, and proof that each vehicle storage facility used is currently licensed under the Texas Vehicle Storage Facility Act;
(7) a list of what methods of payment the applicant will accept from a vehicle owner for vehicle tow service;
(8) any other information deemed necessary by the director; and
(9) a nonrefundable application processing fee of $135.
(c) A person desiring to engage in vehicle tow service shall register with the director a trade name that clearly differentiates the person’s company from all other companies engaging in vehicle tow service and shall use no other trade name for the vehicle tow service. (Ord. Nos. 19099; 21435; 24175; 27695; 30215)
(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)
(a) The director shall, within 30 days after the date of application, issue a vehicle tow service license to an applicant who complies with the provisions of this article.
(b) A license issued to a vehicle tow service authorizes the licensee and any bona fide employee to engage in vehicle tow service.
(c) The annual fee for a vehicle tow service license is $362, prorated on the basis of whole months. The fee for issuing a duplicate license for one lost, destroyed, or mutilated is $5. The fee is payable to the director upon issuance of a license. No refund of a license fee will be made.
(d) A vehicle tow service license issued pursuant to this article must be conspicuously displayed in the vehicle tow service establishment.
(e) A vehicle tow service license, or any accompanying permit, badge, sticker, ticket, or emblem, is not assignable or transferable.
(f) A vehicle tow service license expires June 30 of each year and may be renewed by applying in accordance with Section 48A-6. Application for renewal must be made not less than 30 days or more than 60 days before expiration of the license and must be accompanied by the annual license fee. (Ord. Nos. 19099; 19300; 21435; 24175; 30215)
(a) The director shall refuse to issue or renew a vehicle tow service license if the applicant or licensee:
(1) intentionally or knowingly makes a false statement as to a material matter in an application for a license or license renewal, or in a hearing concerning the license;
(2) has been convicted twice within a 12-month period or three times within a 24-month period for violation of this chapter or has had a vehicle tow service license revoked within two years prior to the date of application;
(3) uses a trade name for the vehicle tow service other than the one registered with the director;
(4) is not qualified under Section 48A-7 of this article;
(5) uses a subcontractor to provide vehicle tow service, unless the use of the subcontractor is authorized pursuant to Section 48A-7(e) of this chapter; or
(6) has been finally convicted for violation of another city, state, or federal law that indicates a lack of fitness of the applicant to perform vehicle tow service.
(b) If the director determines that a license should be denied the applicant or licensee, the director shall notify the applicant or licensee in writing that the application is denied and include in the notice the specific reason or reasons for denial and a statement informing the applicant or licensee of the right to, and process for, appeal of the decision. (Ord. Nos. 19099; 21435; 24175)
The director shall revoke a vehicle tow service license if the director determines that the licensee has:
(1) intentionally or knowingly made a false statement as to a material matter in the application or hearing concerning the license;
(2) intentionally or knowingly failed to comply with applicable provisions of this chapter or with the conditions and limitations of the license;
(3) operated a towing service not authorized by the license or other applicable law;
(4) been finally convicted for violation of another city, state, or federal law that indicates a lack of fitness of the licensee to perform vehicle tow service;
(5) is under indictment for or has been convicted of any felony offense while holding a license;
(6) does not qualify for a license under Section 48A-7 of this chapter; or
(7) failed to pay a license fee required under this chapter. (Ord. Nos. 21435; 24175)
Any person whose application for a license or license renewal is denied by the director, or a licensee whose license has been revoked or suspended by the director, may file an appeal with a permit and license appeal board in accordance with Section 2-96 of this code. (Ord. Nos. 21435; 24175)