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(A) The Public Passenger Vehicle Review Board ("Review Board") shall consist of the Licensing Committee of the Village Board of Trustees, the Administrator, the Village Clerk and the Chief of Police. The Village Clerk shall have no voting rights on the Review Board. The Review Board shall carry out the annual review of license renewal applications and chauffeurs' ID card renewal applications as provided in this chapter. Upon review of renewal applications, the Review Board shall file a recommendation of "renew" or "do not renew" with the Village Clerk.
(B) In making its determination, the Review Board may consider the frequency and severity of violations of this chapter, the number and nature of complaints from the public about the applicant, police and court records and any other materials which tend to indicate whether an applicant meets the standards set forth throughout this chapter.
(C) In making its determination, the Review Board may hear testimony from any witness, subpoena documents and allow the applicant the opportunity to be heard. The Review Board may adopt procedures for the carrying out of its review of applications, provided that said procedures shall not conflict with this chapter.
(Ord. 98-2131, passed 8-25-98) Penalty, see § 123.99
(A) Suspension. A business license or chauffeur's ID card may be suspended by the Administrator for a period not to exceed 90 days as a result of the following:
(1) Failure to comply with the provisions of this chapter;
(2) Violation of any federal, state, or municipal law;
(3) The cardholder's being physically, mentally or emotionally unfit to her duties as a public passenger vehicle operator;
(4) The fraudulent use of the chauffeur's ID card by or with consent of the licensee. If, after the period of suspension, no corrective action has been made, the Administrator may revoke the business license or chauffeur's ID card.
(B) Revocation.
(1) Business license. The administrator may revoke a business license if:
(a) The operation of the public passenger vehicle service is abandoned by the licensee or ceased for a period of 30 consecutive days;
(b) The licensee obtained its license by fraud or the willful omission to disclose any material fact in the license application;
(c) The licensee has been suspended two times during the preceding 12 months;
(d) The public passenger vehicle company shall have been finally discharged in bankruptcy;
(e) The licensee fails to pay any fines imposed pursuant to this chapter;
(f) The vehicle is being operated in violation of this chapter.
(2) Chauffeur's ID card. The Administrator may revoke a chauffeur's ID card if:
(a) The cardholder is convicted of a crime of leaving the scene of an accident resulting in serious personal injury or death, or any felony involving the use of a motor vehicle.
(b) The cardholder has committed more than three violations of this chapter in a 12 month period.
(c) The cardholder, on account of infirmity of body or mind, addiction to narcotics, amphetamines or alcohol, has become physically, mentally or emotionally unfit or unable to discharge his or her duties as a chauffeur/driver in a safe and proper manner.
(d) The cardholder, while on duty as a driver/chauffeur of a public passenger vehicle, used or possessed any controlled substance as defined in ILCS Ch. 720, Act 570, § 102, or consumed, possessed or been under the influence of any alcoholic beverage.
(e) The cardholder is convicted of the offense of operating a motor vehicle while under the influence of alcohol or any controlled substance.
(C) Appeals and Hearings. Appeal from the decision of the Administrator shall be made in writing to the Village President within five days of the notice of the Administrator's decision. Upon receipt of a written appeal, the Village President shall conduct a hearing on such appeal.
(1) Said hearing shall be held in a public place, after notice to the licensee or chauffeurs' ID card holder and the Administrator. The notice shall contain the date, time, and place of such hearing and a brief statement of the subject matter.
(2) The Village President shall be provided with such counsel, expert, and staff as he or she shall deem advisable. The appellant and the Administrator shall each have the opportunity to be heard and present evidence. The Village President shall also have the authority to issue administrative subpoenas upon any witness or for the production of any relevant documents or objects.
(3) Within ten days after the conclusion of any hearing, the Village President shall render a decision and findings in writing.
(4) Final orders. The decision of the Village President on any matter appealable to him or her is final.
(Ord. 98-2131, passed 8-25-98) Penalty, see § 123.99
It shall be unlawful for any licensee or cardholder to operate any public passenger vehicle in the Village while his license is suspended or revoked.
(Ord. 98-2131, passed 8-25-98) Penalty, see § 123.99
(A) The Administrator may cause any public passenger vehicle to be removed from service upon failure to comply with any of the provisions of this chapter. The administrator shall notify the licensee that the public passenger vehicle must be removed from service. The notice shall he in writing, set forth the grounds for the removal, and set forth the procedures for placing the vehicle back in service. If the licensee fails to remove the vehicle from service immediately upon notice, the Administrator may take steps to carry out the removal from service.
(B) Emergency. If the Administrator determines that a public passenger vehicle constitutes an immediate safety hazard, he or she may immediately remove the vehicle from service. Upon doing so, the Administrator shall send written notice to the licensee setting forth the grounds for the removal and the procedure for placing the vehicle back in service.
(C) When a vehicle is removed from service, the owner or operator is wholly responsible for any towing and impounding charges that occur.
(D) When a public passenger vehicle is removed from service by the Village, the licensee or his agents may file a written request for a hearing to contest the removal. The request shall be filed within 48 hours from the day of the removal. The Village President shall hold a hearing, in accord with § 123.24(C), within ten business days from the date of removal.
(E) When a public passenger vehicle is removed from service by the owner, the public passenger vehicle authorization issued to that vehicle must be immediately surrendered to the Village Clerk or Administrator.
(Ord. 98-2131, passed 8-25-98) Penalty, see § 123.99
(A) Village record keeping. The Village Clerk shall keep records of any pertinent information concerning public passenger vehicles and drivers. Those records shall be available for inspection by the public in accordance with the provisions of the Illinois Freedom of Information Act, ILCS Ch. 5, Act 140, § 1 et seq.
(B) Service complaints and other communications. The Administrator shall receive all complaints concerning public passenger vehicles, licensees, and the service rendered by them; and any other matters arising under this chapter. Whenever it appears that a violation of any of the provisions of this chapter has occurred, he/she shall make an investigation of the facts and, if he/she deems it to be necessary, hold a hearing to determine the facts of such apparent violation. At the conclusion of such investigation, he/she shall make findings as to whether or not provisions of this chapter have been violated. If a violation is found, the Administrator may impose fines which have been prescribed for specific violations in this chapter.
(C) Operating records. Licensees and drivers shall maintain such books, records and financial statements in such detail as may be required in order to keep the Village informed of the quality and quantity of public passenger service being provided.
(D) Filing and notices.
(1) Notices to the Village.
(a) Every business license holder shall promptly notify the Administrator of the occurrences of every accident involving one of their public passenger vehicles, which has resulted in injury to or death of any person, or serious damage to the public passenger vehicle.
(b) Every business license holder shall notify the Administrator of the filing by or against him of a petition under any chapter of the Bankruptcy Act; or the filing against him of an action at law seeking to recover damages arising out of the operation of one of his public passenger vehicles, which damages are alleged to be in excess of the limits of coverage provided by the Business License Holder Public Liability Insurance.
(2) Notices to business license holder. Notice to licensees or cardholders shall be in writing and delivered to him/her in person or by first class United States mail and his/her address on file with the Village Clerk.
(Ord. 98-2131, passed 8-25-98) Penalty, see § 123.99
It shall be unlawful for the owner, operator or driver of any vehicle licensed under this chapter to solicit by word, gesture or otherwise the patronage of any person at any railroad station, hotel/motel, or upon any public street in the Village and it shall be unlawful to stand or be upon a platform of any railroad until three minutes after the departure of the train, except to assist persons who have indicated a desire to patronize the vehicle in his or her charge.
(Ord. 98-2131, passed 8-25-98) Penalty, see § 123.99
No chauffeur/driver of an authorized public passenger vehicle shall be allowed to carry more than one person at the same time without the consent of the person who shall have first employed such taxicab for any specified time or destination.
(Ord. 98-2131, passed 8-25-98) Penalty, see § 123.99
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