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§ 124.060 LICENSE REQUIRED.
   It shall be unlawful for any driver or for any business to permit a driver to operate a vehicle for hire for the conveyance of passengers without first obtaining a license as the driver. Transportation network company drivers shall not be required to obtain a license from the city. If a TNC driver meets the requirements of this chapter, a TNC may allow access for that TNC driver to the TNC's digital network.
(1992 Code, § 43-49) (Ord. 84-82, passed 8-9-1982; Ord. 24-14, passed 4-15-2014; Ord. 108-15, passed 11-2-2015)
Cross-reference:
   License fee for driver of vehicle for hire, see § 110.032
§ 124.061 APPLICATION FOR DRIVER’S LICENSE.
   Each applicant for a vehicle for hire driver's license must comply with the following:
   (a)   Be of the age of 18 years or over.
   (b)   Be not addicted to the use of intoxicating liquors or drugs.
   (c)   Make a sworn statement on a form approved by the city giving his or her full name, residences during the last 10 years, length of time he or she has resided in the city, place of previous employment, whether he or she has ever been convicted of a felony or misdemeanor, and whether he or she has been previously licensed as a driver, and if so, where and when, and whether his or her license has ever been revoked, and for what cause, and provide any other information required by the city.
(1957 Rev. Ords., § 8.707; 1992 Code, § 43-50) (Ord. 10-72, passed 3-6-1972; Ord. 84-82, passed 8-9-1982; Ord. 24-14, passed 4-15-2014)
§ 124.062 INVESTIGATION, EXAMINATION OF APPLICANT.
   (a)   The application for a driver's license for a vehicle for hire shall be investigated by the police chief or his or her designee. No license shall be granted to any person:
      (1)   Who does not possess a valid driver's license.
      (2)   Who has been convicted for a sex crime as defined by SDCL 22-24b-1 or any indecent exposure for which they are still subject to registration requirements.
      (3)   Who has a conviction or date of discharge from prison, jail, probation, or parole within the last five years for all other indecent exposure (Class 1 misdemeanor).
      (4)   Who has a conviction or date of discharge from prison, jail, probation, or parole within the last ten years of application for a crime of violence as defined by SDCL 22-1-2(9).
      (5)   Who has a conviction or date of discharge from prison, jail, probation, or parole within the last five years of application for a felony possession/distribution of controlled substances.
      (6)   Who has a conviction or date of discharge from prison, jail, probation, or parole within one year of application for a simple assault.
      (7)   Who has a conviction or date of discharge from prison, jail, probation, or parole within the last five years of application for a felony driving or control of vehicle with alcohol in blood or while under influence of alcohol, drug, or intoxicant.
      (8)   Who has a conviction or date of discharge from prison, jail, probation, or parole within two years of application for any driving or control of vehicle with alcohol in blood or while under influence of alcohol, drug, or intoxicant.
      (9)   Who has a conviction or date of discharge from prison, jail, probation, or parole within two years of application for a hit/run or leaving the scene.
      (10)   For any good cause.
   (b)   Convictions in other states considered. Any conviction for an offense in another state which, if committed in this state, would be a violation of one of the offenses listed in subsection (a) shall be used to determine if applicant is eligible for a license.
(1957 Rev. Ords., § 8.707; 1992 Code, § 43-51) (Ord. 84-82, passed 8-9-1982; Ord. 137-98, passed 12-21-1998; Ord. 19-01, passed 3-5-2001; Ord. 24-14, passed 4-15-2014)
§ 124.063 DISPLAY OF LICENSE.
   Every licensed driver of a vehicle for hire shall exhibit his or her license in the vehicle. The license shall be conspicuously displayed and contain a photograph of the licensee.
(1957 Rev. Ords., § 8.707; 1992 Code, § 43-53) (Ord. 84-82, passed 8-9-1982; Ord. 24-14, passed 4-15-2014)
§ 124.064 BUSINESS LICENSE INAPPLICABLE.
   The issuance of a business license under the provisions of this chapter shall not constitute nor allow or permit the business licensee to operate a taxicab without a driver’s license as required by this subchapter.
(1992 Code, § 43-54) (Ord. 84-82, passed 8-9-1982)
§ 124.065 TEMPORARY PERMIT.
   In any emergency, the police chief may issue a temporary permit in writing to a person not licensed under the provisions of this subchapter to drive a vehicle for hire for a temporary, but definite, period of time.
(1992 Code, § 43-55) (Ord. 84-82, passed 8-9-1982)
§ 124.066 TRANSPORTATION NETWORK COMPANY DRIVER REQUIREMENTS.
   (a)   Before allowing an individual to accept trip requests through a TNC's digital platform:
      (1)   The individual shall submit an application to the TNC, which includes information regarding his or her address, age, driver's license, driving history, motor vehicle registration for vehicle ten model years or newer, automobile liability insurance, and other information required by the TNC;
      (2)   The TNC shall have a third party conduct, a local and national criminal background check for each applicant that shall include:
         A.    Multi-State/Multi-Jurisdiction Criminal Records Locator or other similar commercial nationwide database with validation (primary source search); and
         B.   National Sex Offender Registry database;
      (3)   The TNC shall obtain, and review, a driving history research report for such individual.
   (b)   The TNC shall not permit an individual to act as a TNC driver on its digital platform who:
      (1)   Has had more than three traffic offenses in the prior three-year period, or one major violation in the prior three-year period (including, but not limited to, attempting to elude the police, reckless driving, hit/run or leaving the scene, or driving on a suspended or revoked license);
      (2)   Has been convicted, within the past seven years, of driving under the influence of drugs or alcohol, fraud, sexual offenses, indecent exposure (Class 1 misdemeanor), use of a motor vehicle to commit a felony, a crime involving property damage, and/or theft, crimes of violence, felony possession/ distribution of controlled substances or acts of terror;
      (3)   Is a match in the National Sex Offender Registry database;
      (4)   Does not possess a valid driver's license;
      (5)   Does not possess proof of registration for the motor vehicle(s) used to provide TNC services;
      (6)   Does not possess proof of automobile liability insurance for the motor vehicle(s) used to provide TNC services; or
      (7)   Is not at least 18 years of age.
   (c)   The TNC shall prohibit the use or influence of drugs or alcohol by a driver while providing TNC services requested through the TNC's digital platform. If a TNC receives a complaint of such drug or alcohol influence or other activity prohibited in § 124.066, the TNC shall:
      (1)   Immediately revoke the driver's access to the TNC's digital platform until the duration of the investigation; and
      (2)   If the complaint is found to be true, the TNC shall permanently revoke the driver's license access to the TNC's digital platform. If the complaint is found to be untrue, the driver's access to the TNC's digital platform may be immediately reinstalled.
(Ord. 108-15, passed 11-2-2015)
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