(A) The Taxicab Inspector shall be given the authority to issue a permit to the applicant wishing to obtain a permit. If, upon checking the criminal and driving history of the applicant, the Inspector finds that the applicant for a permit has not been convicted of a felony within the last five years and has never been convicted of felony crimes involving moral turpitude, is of good moral character, good physical condition, of sound mind, without infirmities which might render him or her unfit for the safe operation of a taxicab, that the applicant is not a habitual user of intoxicating liquors or narcotic drugs, and has not been a habitual violator of the traffic laws, the Inspector shall issue to the applicant a permit to drive a taxicab within the city. Persons failing to meet the conditions of this division (A) may still be issued a permit upon recommendation of the Taxicab Inspector and approval of the Chief of Police after a liability risk review by the City Attorney. Failure to meet the conditions of this division (A) are grounds to deny a permit. Any person denied the permit has the right to appeal to the City Council through the use of the form provided by the Police Department.
(B) In the event the information contained in a Computerized Criminal History (CCH) is used to disqualify an applicant from obtaining a permit, the Inspector shall provide the applicant with the opportunity to challenge the accuracy of the information contained in the record. The applicant shall be given 60 days to correct, complete or decline to complete the information. Applicants wishing to correct, complete or otherwise challenge a record must avail themselves of the procedure set forth in Rule. 0404, Para. (c) of the North Carolina Administrative Code .0400 — Justice Division of Criminal Information. In the event a successful challenge or correction is made by the applicant, the Inspector shall verify that change or correction by re-submitting the applicants fingerprints cards for verification.
(C) Driver’s permits shall be issued annually under the terms of this chapter, and shall run for a period of one year with the renewal date being October 1 and the expiration date being September 31. Any permits issued during the year shall have an identical date of expiration.
(D) The Inspector shall have the right to refuse any permit to any applicant for any of the grounds enumerated under § 114.023 of this chapter.
(E) Permits to drive a taxicab issued prior to the date of the revision of the ordinance from which this section is derived are not subject to revocation as the result of a conviction of a felony or misdemeanor offense occurring prior to the revision of the ordinance from which this section is derived. This section is added to grandfather in existing permits. The driver loses “grandfather” status if permit to drive isn’t used for 60 consecutive days and the burden of proof rests upon the driver.
(2005 Code, § 86-38) (Ord. 05085, passed 8-8-2005; Ord. 1011, passed 1-25-2010; Ord. 2019-02-01, passed 2-11-2019)