731.12  LICENSE SUSPENSION/REVOCATION.
   (a)    The Chief of Police shall have the right and authority to suspend or revoke, after notice and hearing, any taxicab driver's license, taxicab owner’s license, or taxicab vehicle license issued under the provisions of Sections 731.01 to 731.26, inclusive, whenever just cause exists. Just cause includes, but is not limited to the following:
      (1)   The licensee has violated any of the provisions of Sections 731.01 to 731.26, inclusive;
      (2)    The licensee's physical or mental condition becomes such as to render him/her unfit for the safe carrying out of the duties of a taxicab driver or taxicab operator, as determined by the Chief of Police pursuant to the provisions of Section 731.07(c);
      (3)    The licensee transports any person who, with the knowledge of such licensee, was at the time of such transportation engaged in any illegal activity;
      (4)    The licensee has intentionally given false answers to any questions on his/her application for such license;
      (5)    The licensee permits a taxicab to be operated for hire by a person not licensed as a taxicab driver by the City;
      (6)    The licensee has compiled an unsafe driving record, or a record of arrests that exhibits a disregard of the law;
      (7)    The licensee fails to maintain all the general qualifications applicable to the initial issuance of a license;
      (8)    The licensee has been convicted of, pled guilty to or forfeited bond for any of the following offenses while operating a taxicab:
         A.    Driving while under the influence of alcohol or any drug of abuse, or the combined influence of alcohol and any drug of abuse;
         B.    Violation of the driver's identification law;
         C.    Vehicular homicide;
         D.    Fleeing and eluding a police officer;
         E.    Reckless operation;
         F.    Leaving the scene of an accident; or
         G.    Any offense constituting a felony.
   (b)    After revocation of a taxicab driver's license, taxicab owner’s license, or taxicab vehicle license hereunder, no application for the same type of license shall be accepted or considered for a period of twelve months from the date of revocation.
   (c)    A taxicab driver's license shall be deemed to be suspended or revoked upon the suspension, revocation or expiration of the licensee's Ohio operator's license, during the term of such suspension, revocation or expiration.
   (d)   In the event of a violation of any of the provisions in Sections 731.01 to 731.26, inclusive, which results in any emergency situation in which continued operation by the taxicab driver or taxicab owner endangers the health, welfare or safety of the public, the Chief of Police may suspend any taxicab driver’s license, any taxicab owner’s license or any taxicab vehicle license hereunder; any such suspension may be made effective immediately and shall remain in force until a hearing is held.
   (e)   In addition to, and not as a substitution for the provisions in Section 731.11 regarding written notification, procedure for appeal and a hearing before the taxicab license Appeals Board, when a taxicab driver’s license, a taxicab owner’s license or a taxicab vehicle license has been suspended, and the suspension becomes effective immediately because of an emergency situation, the taxicab driver and/or taxicab owner may request, and shall be granted a hearing before the Chief of Police or designee, which shall be held within forty-eight hours after the suspension at which time the taxicab driver and/or taxicab owner shall be given the opportunity to show cause why the emergency suspension should be terminated and the license returned to the taxicab driver and/or taxicab owner.
   (f)   Except for the emergency suspension of a license under subsection (d) hereof, the provisions in Section 731.11 regarding written notification procedure for appeal, a hearing before the Board, and a decision rendered by the Board, shall apply to any action taken by the Chief of Police under this section.
(Ord. 24-94.  Passed 7-5-94.)