(A) Any taxicab license and/or driver’s license or permit issued by the city may be suspended or revoked by the City Clerk for cause shown, as defined in § 115.01. A hearing shall be scheduled to be held by the City Manager, or the City Manager’s designee, or the issuing authority as herein provided. Depending upon the necessity for prompt action, the hearing shall be held in accordance with one of the following provisions.
(1) If there is no immediate threat to the public health, safety, or welfare, the hearing shall be held to determine whether the license or permit should be suspended or revoked. The holder of the license or permit shall be notified of the time, date, and place of the hearing and shall be notified of the reason or reasons for the proposed suspension or revocation. The licensee or permit holder shall be entitled to be represented by counsel at the hearing, to submit evidence, to cross-examine testifying witnesses, and to make other arguments concerning the factual and legal issues raised. The hearing officer or body shall render its written decision, stating the reasons for such decision.
(2) If there is an immediate threat to the public health, safety, and welfare of the citizens of the city, the license or permit may be suspended prior to such hearing. If any such license or permit is suspended prior to the hearing, the hearing shall be commenced as soon as is practical, but in no case, more than ten days after such suspension. The hearing shall then be held and shall determine whether the license shall be terminated and revoked, or whether the suspension should be extended, or if the license should be restored to the holder. The holder of the license shall be notified of the time, date, and place of the hearing and shall be notified of the reason or reasons for the already imposed suspension and for any contemplated future action. The license or permit holder shall be entitled to be represented by counsel, to submit evidence, to cross-examine testifying witnesses, and to make arguments on factual and legal issues. The hearing officer or body shall render its written decision, stating the reasons for such decision.
(3) In any hearing held pursuant to the provisions of this chapter, the rules of evidence shall be followed as far as is practicable, but the hearing officer may admit and give probative effect to evidence of a type commonly relied upon by reasonably prudent people in the conduct of their daily affairs. Irrelevant, immaterial, or unduly repetitious evidence may be excluded by the hearing officer. Notice may be taken of facts within the general knowledge of the community and residents of the community.
(4) Any person dissatisfied with the decision of the City Manager or his designee may appeal the decision to the City Commission, provided a written request for such appeal must be filed within seven days of the date the decision was rendered.
(B) The City Commission shall schedule a hearing, upon receipt of the written request, within ten days of the receipt of the written request. The hearing shall be scheduled and held before the entire City Commission or a quorum thereof. The factual record made in the hearing below shall constitute the basic record for the appeal. The city may, but need not, allow the presentation of additional evidence, the decision to be by a majority vote of the City Commission. The City Commission may affirm, reverse, or modify any action taken by the City Manager or his designee relative to the license.
(1990 Code, § 7.100)