§ 115.246  STANDARDS FOR ISSUANCE OF THE ANNUAL DRIVER’S PERMIT.
   (A)   An applicant for a driver's permit will be eligible for consideration unless:
      (1)   The applicant has failed to provide all information required by § 115.245 and any other information or items requested by the Director;
      (2)   The Department determines that information provided by the applicant is incorrect or false;
      (3)   The applicant is not at least 18 years of age;
      (4)   The applicant for a taxicab driver permit does not possess a valid Kentucky operator's license (KRS 281.635).  For all applicants for other types of vehicle for hire permits, the applicant does not possess a valid driver's license;
      (5)   The applicant has had any state issued driver's license suspended more than once within the past three years;
      (6)   The applicant has, within the past five years, been convicted, pled guilty, been placed on diversion, or pled nolo contendere for violation of any of the following criminal offenses under the laws of any state or of the United States:
         (a)   Homicide;
         (b)   Rape;
         (c)   Aggravated assault or battery;
         (d)   Kidnapping;
         (e)   Robbery;
         (f)   Burglary;
         (g)   Child molestation;
         (h)   Prostitution;
         (i)   Any sex-related offense;
         (j)   Leaving the scene of an accident;
         (k)   Criminal solicitation;
         (l)   Criminal attempt to commit any of the above-mentioned offenses;
         (m)   The felony possession, sale or distribution of narcotic drugs or controlled substances;
         (n)   Being in the arrears on court ordered child support payments;
         (o)   Hit and run (limited to past three years if the offense did not involve an injury or death);
         (p)   Driving under the influence (limited to past three years if the offense did not involve an injury or death);
         (q)   Reckless or careless driving (limited to past three years if the offense did not involve an injury or death); or
         (r)   Fraud or abuse of a medical assistance program or any other government subsidized transportation assistance program or any transportation program approved by the state.
      (7)   For an initial permit, no more than three moving violations assigned to the applicant within the last three years immediately preceding the date of application and no more than two moving violations in the last year immediately preceding the date of application.
      (8)   For renewal permit, no more than four moving violations assigned to the applicant within the last three years immediately preceding the date of application and no more than two moving violations in the last year immediately preceding the date of application.
      (9)   The applicant has been convicted of two or more felony offenses within the past ten years immediately preceding the date of application.
      (10)   The applicant has been convicted within two years immediately preceding the date of application of the violation of two or more sections of the Metro Government Code of Ordinances governing the operation of vehicles for hire.
      (11)   Any applicant shall, in addition to any disqualifications listed above, be disqualified if he or she commits perjury or makes any false statement(s) in connection with the application for a driver's permit.
   (B)   If, at the time of application, the applicant is charged with any of the offenses listed above in subsection (A), consideration of the application shall be deferred until entry of a plea, conviction, acquittal, dismissal, or other final disposition of the charges.
   (C)   Time incarcerated and all other time associated with the completion of all penal requirements and conditions will not be counted as time when determining the period of time between conviction/offense and the date of application for any of the time frames set out in subsection (A), above.
   (D)   The Director may waive the findings required by subsections (A) through (C), above, upon a showing of good cause by the applicant.  The waiver shall be in writing and include the specific reasons for the waiver.  The waiver shall be attached to the applicant's file maintained by the Director.  Good cause may be shown either by a person's compliance with or participation in a rehabilitation program or by the fact that a conviction for an offense described in § 115.246(A)(6) has not occurred within five years preceding the date of application.
   (E)   Upon approval of an application for a driver's permit, the Department shall issue a permit to the applicant, which shall bear the name, driver's license number, gender, height, weight, date of birth, and photograph of the applicant.
(1999 Lou. Code, § 111.556)  (Lou. Ord. No. 115-1979, approved 8-17-1979; Lou. Am. Ord. No. 370-1987, approved 12-28-1987; Lou. Am. Ord. No. 89-1993, approved 5-13-1993; Lou. Am. Ord. No. 172-1996, approved 8-28-1996; Lou. Am. Ord. No. 0045-2002, § 1, approved 3-29-2002; Lou. Metro Am. Ord. No. 223-2005, approved 12-27-2005)  Penalty, see § 115.999