(a) License Denial. A taxicab driver's license or a taxicab owner/operator license may not be issued to any person who:
(1) Has been convicted, pled guilty to or forfeited bond for any offense constituting a felony;
(2) Has been convicted, pled guilty to or forfeited bond for any offense involving the use, possession of or sale of controlled substance;
(3) Has been adjudged mentally incompetent and has not been legally restored to competency;
(4) Is awaiting court action for any criminal offense;
(5) Is subject to any infirmity, defect or disorder of mind or body which might reasonably render him/her unfit for the safe carrying out of the duties of a taxicab driver, or a taxicab owner/operator as determined by the Mayor from all reliable medical, psychological or health information supplied by the applicant or other persons concerning the applicant's physical or mental condition;
(6) Has compiled an unsafe driving record, or a record of arrests that exhibits a disregard for the law;
(7) Within two years prior to filing the application for a license has been convicted of, pled guilty to or forfeited bond for two or more moving traffic offenses, whether charged under State law or ordinances of any jurisdiction;
(8) Within three years prior to filing the application for a license has been convicted of, pled guilty to or forfeited bond for one or more misdemeanors involving public disorder, violence, theft, public indecency or moral turpitude.
(b) Notification of Denial. If a license is denied or refused, the Mayor shall cause written notification of such denial or refusal to be given to the applicant by certified mail at the address stated in the application, and such written notification shall include the basis for such denial or refusal, and shall advise the applicant of the procedure for appeal.
(c) Board Created. A taxicab license Appeals Board is hereby created and shall consist of the Safety-Service Director, who shall be the Chairperson, the Chief of Police and the City Law Director, or their duly authorized representatives. A majority of the members of the Board shall constitute a quorum.
(d) Appeals Procedure.
(1) Any applicant who has been denied or refused a taxicab driver's license or a taxicab owner/operator license may request and shall be granted a hearing on the matter before the Board by submitting a written request for a hearing to the Mayor within ten days after the service of the notice of denial or refusal. The written request for a hearing shall set forth the name, address and telephone number of the applicant, and a brief statement of the grounds
for appeal. Upon receipt of a request for a hearing, the Mayor shall deliver copies thereof to the Safety-Service Director, Chief of Police and Law Director, and shall set a time and place for the hearing before the Board. The Mayor shall give the applicant written notice of the hearing by certified mail at least ten days prior to the date set for the hearing, which shall be commenced within a reasonable time after a request has been filed.
(2) At such hearing, the applicant shall be given an opportunity to be heard and to show cause why he/she believes the license should be issued. The Mayor or designee shall also be given an opportunity to be heard and to state the reasons why he believes the license should not be issued. The failure of the applicant or his/her representative to appear and state their case at such hearing shall have the same effect as if no request for a hearing had been filed.
(3) After the hearing, the Board may, by a majority vote, sustain or deny the appeal, and the applicant shall be notified in writing of such decision and the reasons therefor.
(4) The proceedings at such hearing, including the decisions of the Board, and the reasons for the decision shall be summarized and reduced to writing and entered as a matter of public record in the office of the Mayor.
(d) Board Meetings and Enforcement. The Board shall meet from time to time when it is deemed necessary by any member of the Board, to review the administration and enforcement of the provisions in Sections 773.01
through 773.99
, and for any other purpose related to the provisions of this chapter. (Ord. 72, 1998. Passed 11-16-98.)