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(A) For the purpose of determining qualification under § 113.056(F) of this chapter, the Chief of Police or his or her designated director may require an applicant to submit to a physical examination at the applicant’s expense conducted by a licensed physician and to furnish to the Chief of Police or his or her designated director a statement from the physician which certifies that the physician has examined the applicant and that, in the physician’s professional opinion, the applicant is qualified under § 113.056(F) of this chapter.
(B) Upon request of the Chief of Police or his or her designated director, the Police Department shall investigate each applicant and furnish the Director a report concerning the applicant’s qualification under § 113.056(G) of this chapter. The Municipal Court shall furnish the Chief of Police or his or her designated director a copy of the applicant’s motor vehicle driving record and a list of any warrants of arrest for the applicant which might be outstanding.
(C) The Chief of Police or his or her designated director may conduct such other investigation as he or she considers necessary to determine whether an applicant for a taxicab driver’s permit is qualified.
(1998 Code, § 126-204) (Ord. 05-19, passed 7-6-2005; Ord. 13-16, passed 6-19-2013)
(A) If the Chief of Police or his or her designated director determines that an applicant is qualified, the Chief of Police or his or her designated director shall issue a taxicab driver’s permit to the applicant.
(B) The Chief of Police or his or her designated director shall delay until final adjudication the approval of the application of any applicant who is under indictment for or has charges pending for:
(1) A felony offense; and/or
(2) Any Class A or B misdemeanor.
(C) The Director may deny the application for a taxicab driver’s permit if the applicant:
(1) Is not qualified under § 113.056 of this chapter;
(2) Refuses to submit to or does not pass a medical or written examination authorized under § 113.058 of this chapter; and/or
(3) Makes a false statement in his or her application for taxicab driver’s permit.
(D) If the Chief of Police or his or her designated director determines that a permit should be denied the applicant, the Chief of Police or his or her designated director shall notify the applicant in writing that his or her application is denied and include in the notice the reason for denial and a statement informing the applicant of his or her right to appeal.
(1998 Code, § 126-205) (Ord. 05-19, passed 7-6-2005; Ord. 13-16, passed 6-19-2013)
(A) Except in the case of probationary and provisional permits, a taxicab driver’s permit expires on December 31of the year of issuance unless revoked under this chapter.
(B) If a permittee’s state driver’s license is suspended or revoked by the state, his or her taxicab driver’s permit automatically becomes void. A permittee shall notify the Chief of Police or his or her designated director and the holder for whom he or she drives within three days of a suspension or revocation of his or her driver’s license by the state and shall immediately surrender his or her taxicab driver’s permit to the Chief of Police or his or her designated director.
(1998 Code, § 126-206) (Ord. 05-19, passed 7-6-2005; Ord. 13-16, passed 6-19-2013)
(A) If a representative designated by the Chief of Police or his or her designated director to enforce this chapter determines that a permittee under this subchapter has failed to comply with this chapter (except § 113.056 of this chapter) or a regulation established under this chapter, the representative may suspend the taxicab driver’s permit for a period of time not to exceed three days by personally serving the permittee with a written notice of the suspension. The written notice must include the reason for suspension, the date the suspension begins, the duration of the suspension and a statement informing the permittee of his or her right of appeal.
(B) The Chief of Police or his or her designated director may order an expedited hearing under this section, to be held as soon as possible after the permittee requests an appeal. The Chief of Police or his or her designated director may affirm, reverse or modify the order of the representative. The decision of the Chief of Police or his or her designated director is final.
(1998 Code, § 126-210) (Ord. 05-19, passed 7-6-2005; Ord. 13-16, passed 6-19-2013)
(A) If the Chief of Police or his or her designated director determines that a permittee under this subchapter has failed to comply with this chapter (except § 113.056 of this chapter) or a regulation established under this chapter, the Chief of Police or his or her designated director may suspend the taxicab driver’s permit for a definite period of time not to exceed 60 days.
(B) If, at any time, the Chief of Police or his or her designated director determines that a permittee is not qualified under § 113.056 of this chapter, or is under indictment or has charges pending for any offense involving a Class A or B misdemeanor or a felony offense. The Chief of Police or his or her designated director shall suspend the taxicab driver’s permit until such time as the Chief of Police or his or her designee determine that the permittee is qualified or that the charges against the permittee have been finally adjudicated.
(C) A permittee whose taxicab driver’s permit is suspended shall not drive a taxicab inside the city during the period of suspension.
(D) The Chief of Police or his or her designated director shall notify the permittee and the holder in writing of a suspension under this section and include in the notice the reason for the suspension, the date the Chief of Police or his or her designated director orders the suspension to begin, the duration of suspension or if it is under division (B) above, and a statement informing the permittee of a right of appeal. The period of suspension begins on the date specified by the Chief of Police or his or her designated director or, in the case of an appeal, on the date ordered by the appeal Hearing Officer.
(E) The Chief of Police or his or her designated director may revoke a taxicab driver’s permit if the Director determines that the permittee:
(1) Operated a taxicab inside the city during a period in which the taxicab driver’s permit was suspended;
(2) Made a false statement on an application for a taxicab driver’s permit;
(3) Engaged in conduct that constitutes grounds for suspension under division (E)(1) above, and received either a suspension in excess of three days or a conviction for violation of this chapter two times within the 12-month period preceding the occurrence of the conduct or three times within the 24-month period preceding the occurrence of the conduct;
(4) Engaged in conduct that could reasonably be determined to be detrimental to the public safety; or
(5) Was convicted of any felony offense or Class A or B misdemeanor while holding a taxicab driver’s permit.
(F) A person whose taxicab driver’s permit is revoked shall not:
(1) Apply for another taxicab driver’s permit before the expiration of 12 months from the date the Chief of Police or his or her designated director revokes the permit or, in the case of an appeal, the date the appeal Hearing Officer affirms the revocation; or
(2) Drive a taxicab inside the city.
(G) The Chief of Police or his or her designated director shall notify the permittee in writing of a revocation and include in the notice the reason for the revocation, the date the Chief of Police or his or her designated director orders the revocation, and a statement informing the permittee of his or her right of appeal.
(H) After receipt of a notice of suspension, revocation or denial of permit renewal, the permittee shall, on the date specified in the notice, surrender his or her taxicab driver’s permit to the Chief of Police or his or her designated director and discontinue driving a taxicab inside the city.
(1998 Code, § 126-211) (Ord. 05-19, passed 7-6-2005; Ord. 13-16, passed 6-19-2013)
(A) Right of appeal; request for appeal. A person may appeal a denial of a taxicab driver’s permit application, suspension of a taxicab driver’s permit under § 113.063 of this chapter, revocation of a taxicab driver’s permit, if he or she requests an appeal in writing, delivered to the Chief of Police not more than ten business days after notice of the Director’s action is received.
(B) Conduct of hearing. The Chief of Police shall act as the Appeal Hearing Officer in an appeal hearing under this section. The Hearing Officer shall give the appealing party an opportunity to present evidence and make argument in his or her behalf. The formal rules of evidence do not apply to an appeal hearing under this section, and the Hearing Officer shall make his or her ruling on the basis of a preponderance of the evidence presented at the hearing.
(C) Decision by Hearing Officer. The Hearing Officer may affirm, modify or reverse all or part of the action of the Director being appealed. The decision of the Hearing Officer is final.
(1998 Code, § 126-212) (Ord. 05-19, passed 7-6-2005)
A person commits an offense if he or she:
(A) Forges, alters or counterfeits a taxicab driver’s permit, badge, sticker or emblem required by law; and/or
(B) Possesses a forged, altered or counterfeited taxicab driver’s permit, badge, sticker or emblem required by law.
(1998 Code, § 126-213) (Ord. 05-19, passed 7-6-2005)
An individual issued a taxicab driver’s permit shall maintain a current mailing address on file with the Police Department. The permittee shall notify the Chief of Police or his or her designated director of any change in this mailing address within five business days of the change.
(1998 Code, § 126-214) (Ord. 05-19, passed 7-6-2005; Ord. 13-16, passed 6-19-2013)
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