(A) Issuance. The City Manager shall issue a permit to the applicant to drive a taxicab if he or she finds that the applicant:
(1) Has not been convicted of a felony in this state or any other state within the past five years;
(2) Has not been convicted within the past five years of violation of any federal or state law relating to the use, possession, or sale of alcoholic beverages or narcotic or barbiturate drugs or of any law relating to prostitution;
(3) Has no addiction to or habitual use of alcoholic beverages or narcotic or barbiturate drugs;
(4) Is a citizen of the United States;
(5) Has not been an habitual violator of traffic laws and ordinances during the five years prior to the application; or
(6) Has passed a physical examination by a licensed physician within 30 days of the date of the application.
(Prior Code, § 112.18)
(B) Revocation.
(1) Upon consideration of the application for a permit under the section, the Chief of Police shall either approve or reject the application.
(2) The Chief of Police may refuse to grant or renew or may revoke or suspend the taxicab driver’s permit for any applicant or driver who fails or refuses to comply with the provisions of this section or otherwise ceases to be qualified.
(3) In cases of suspension, revocation, or refusal to grant or renew a holder’s permit, the holder shall be notified of the reasons for such action, in writing. A permit to drive a taxicab may be rejected, suspended, or revoked by the Chief of Police at any time for the following reasons:
(a) The holder is convicted of a felony;
(b) The holder is convicted of a violation of any federal or state statute relating to the sale, use, or possession of alcoholic beverages, narcotics, or other habit forming substance or prostitution;
(c) The holder becomes an addict or habitual user of alcoholic beverages or narcotics or other habit forming substances;
(d) The holder is or has been a habitual violator of local or state traffic laws, ordinances, or criminal laws;
(e) The holder does not possess a valid driver’s license issued by the state;
(f) The holder is not physically or mentally capable of operating a taxicab in a safe manner;
(g) The holder has knowingly made a false statement or given false information on the application for the permit;
(h) The holder has accumulated a sufficient number of points against his or her driving record under the schedule in G.S. Chapter 20 to justify the suspension or revocation of a driver’s license;
(i) The holder must report all charges and convictions to the Police Department within days as long as the permit is active. Failure to report charges and convictions may result in a three-year revocation of permit;
(j) If the holder is charged with larceny, the Chief of Police may suspend the permit until the charges are resolved; if the holder is convicted of larceny, the Chief of Police may revoke the permit for three years; or
(k) The holder has been convicted of or has entered a plea of guilty to any of the following offenses within a period of ten years immediately prior to the date of application: a crime involving a motor vehicle resulting in death or driving a motor vehicle while intoxicated.
(4) For an occurrence or conviction of any of the offenses set forth in division (B)(1)(b) through (B)(1)(i) above, the permit shall be revoked for three years.
(5) (a) The holder of the permit shall be adjudged to be an habitual violator for three convictions by the holder of violations of traffic laws within a 12-month period, and the permit shall be revoked for a period of three years.
(b) If the holder is charged with a violation of a local or state criminal offense and the charge(s) was dismissed, the Chief of Police has the authority to investigate said charge, and if there was sufficient evidence to convict, the Chief of Police may consider that charge in determining whether the holder is a habitual violator. The holder may appeal this decision to the City Manager if the permit is revoked, suspended, or denied for this reason.
(6) For the occurrence of division (B)(1)(k) above, the denial, suspension, or revocation of the permit shall be permanent.
(Ord. 1-87-2, passed 1-27-1987; Ord. passed - -2012)
Statutory reference:
Grounds for refusal of permit, see G.S. Chapter 20 and § 160A-304