(A) The Inspector may, at any time after approval, revoke any business license, driver permit or vehicle for hire permit issued by authority of this chapter for any one of the following causes:
(1) Failure to operate the taxicab specified in the license in such manner as to serve the public adequately, efficiently and safely;
(2) Failure to maintain motor equipment in good repair;
(3) Failure to carry liability insurance in at least the amount required by law, G.S. § 20-280(b);
(4) Five violations of this chapter or three convictions within a one-year period of time of any city, county or state traffic or safety ordinance or law. For the purpose of this division (A)(4), a conviction is a violation. Violations resulting in not guilty verdicts are discounted;
(5) Violation of state laws relating to alcoholic beverages, prostitution, conviction of a felony or misdemeanor carry a penalty of at least two years in prison or any misdemeanor conviction involving drugs or drug paraphernalia;
(6) Failure to report accidents to the Inspector;
(7) Willful failure to comply with any provision of this chapter or other provisions of this code or other city ordinances or state laws related to the operation of taxicabs;
(8) Violating ordinances, fixing fares or failure to post cab fares charged;
(9) Any driver convicted of any misdemeanor or felony, excluding infractions, while operating a taxicab for the city shall be permanently barred;
(10) Conviction of any crime relating to the use of a weapon of any type;
(11) Repeated and persistent acts impugning the driver’s truthfulness or veracity, including, but not limited to, fraud or deception; and
(12) Addiction to or habitual use of any alcoholic beverage or any controlled substance as defined under state law, as defined by G.S. Ch. 18B, or any controlled substance, as defined by G.S. Ch. 90.
(B) No permit to drive shall be revoked until the driver has had at least five days’ notice by personal service or registered mail of the charges against him or her, and of the time and place of the hearing. If, after the hearing, it is found that the driver is guilty of one or more of the violations listed herein, the Inspector shall have the power to revoke the license, or to condition a revocation upon compliance of its order within any time fixed by it.
(C) Permits to drive a taxicab issued prior to the date of revision of the ordinance from which this section is derived are not subject to revocation as a result of such revisions as they pertain to prior convictions of felony or misdemeanor offenses. Permits to drive a taxicab are grandfathered in and will remain valid under the revised ordinance. Grandfathered permits are subject to all other revisions. The driver loses “grandfather” status if permit to drive isn’t used for sixty consecutive days, and the burden of proof rests with the driver.
(D) If a business license is revoked as provided for herein, the aggrieved business license holder may appeal that revocation by filing with the City Clerk written notice of appeal on the prescribed form. The appeal must be filed within 14 calendar days of revocation. Upon the city’s receipt of an appeal filed in a timely manner and payment of an administrative appeal fee of $50, a hearing will be set before the City Council. The City Council may, following the hearing and receiving such evidence as it shall deem appropriate, either uphold the revocation or reinstate the permit (either unconditionally or with such conditions it deems appropriate). The revocation of a business license shall be stayed during the pending of the appeal and the city shall not take steps to enforce the revocation order during such time, unless additional grounds for revocation arise during the period of the appeal.
(2005 Code, § 86-30) (Motion passed 2-1-1993; Ord. 05085, passed 8-8-2005; Ord. 08-01-01, passed 1-14-2008; Ord. 1011, passed 1-25-2010)