731.11  LICENSE DENIAL; APPEALS BOARD AND PROCEDURE.
   (a)    License Denial.  A taxicab driver's license or a taxicab operator's 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 operator as determined by the Chief of Police 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 four 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 two 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 Chief of Police 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 Director of Finance, who shall be the Chairperson, the Chief of Police, and the City Solicitor, 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’s 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 Chief of Police 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 Chief of Police shall deliver copies thereof to the Director of Finance and City Solicitor, and shall set a time and place for the hearing before the Board. The Chief of Police 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 Chief of Police, 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 Chief of Police.
   (e)    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 731.01 through 731.26, and for any other purpose related to the provisions of this chapter.
(Ord. 24-94.  Passed 7-5-94.)