780.06. Operator licensing.
   (a)   License required; application; issuance of license; fee.
   No person shall drive for hire a vehicle until he/she has been issued a valid vehicle operator's license. Every applicant for a license hereunder shall make application to the Director on forms to be supplied by the Director. The application, which must be sworn by the applicant, shall set forth that the applicant:
      (1)   Is a citizen or legal resident of the United States;
      (2)   Is in compliance with all provisions of the Ohio Revised Code applicable to licensing as a driver and financial responsibility or insurance; and is not under suspension of driving privileges in any state.
      (3)   Is able to speak, read and write the English language;
      (4)   Is eighteen (18) years of age or over; provided, however, that no one under the age of twenty-one (21) years shall be permitted to operate a vehicle between the hours of midnight and 6:00 a.m.;
      (5)   Is free from defective vision, defective hearing, epilepsy, vertigo, heart trouble and any other infirmity, physical or mental, which would render them unfit for safe operation of a public vehicle;
      (6)   Is not addicted to the use of alcohol or drugs;
      (7)   Has or has not been convicted of a felony or of a misdemeanor involving controlled substances or any sex offense (including public indecency) or moral turpitude; and
      (8)   Is consenting to and will obtain a criminal record check from all communities in which he has resided within the past ten (10) years; such other pertinent information as the Director may require.
   The application form shall further contain the certificate of a reputable physician of Toledo (accompanied by such documentation as is required by the Director) that the applicant is free from infirmities, dependencies or addictions which would prevent his driving a public conveyance with safety; and also setting forth the applicant's condition as to visual acuity, field of vision and other vision together with a statement that the applicant has no eye condition which would prevent his driving a public conveyance with safety.
   In addition to complying with the provisions above, every applicant may be examined by the Director or by an inspector or deputy under his direction as to his knowledge of the City and its traffic regulations and shall, if required, demonstrate his skill and ability in operating a vehicle.
   If the Director is satisfied that an applicant is a suitable and proper person to operate a vehicle he or she shall issue a license to the applicant upon payment of the proper fee. The issuance of said license shall be deemed a Police Department function and all applicable police record and character checks shall be consented to by the applicant. Any individual administratively denied a license may appeal that denial to the Taxicab Board of Review, provided, however, that the Board shall not entertain appeals of persons convicted of sex offenses.
   Every driver of a public vehicle shall pay to the Division of Taxation & Treasury a license fee of twenty-five dollars ($25.00) per year for an original license and a fee of ten dollars ($10.00) per year for each renewal.
   (b)   Identification badge provisions.
   At the time a vehicle operator's license is issued, the Director or his or her designee shall issue to the driver a badge, the size and design of which shall be determined by the Officer, upon which badge shall be inscribed and imprinted the words "low speed vehicle for hire operator," together with the number of such license and the year in which it was issued. The badges shall be numbered consecutively, and the number thereof shall correspond with the number of the license issued to the operator. The badge shall also display a picture of the operator.
   Whenever an operator is operating any vehicle for which a license is required, they shall wear their badge conspicuously and constantly upon such part of their outer garment as shall be designated by the Director. No badge other than that of the current operator shall be displayed at any time.
   Such badge and license shall not be assigned or transferred to any other person.
   In case of the loss of a badge, the driver may file with the Director a sworn statement containing the facts of such loss. The Director shall deliver a new badge to the driver upon payment of five dollars ($5.00) for each replacement thereof.
   Licenses as provided in this chapter shall expire on March 31 of the year following that in which issued. Licenses must be renewed within thirty (30) days after expiration; otherwise application must be made for a new license as provided for original applicants. Applications for renewals shall be made to the Director who may authorize renewals of licenses without further examination, except for physical examinations which must comply with provisions herein.
   When an applicant has been denied a license, no new application shall be considered for a period of three (3) months.
   (c)   Suspension, revocation of licenses.
   Conviction of driving while intoxicated shall result in a revocation of any operator's license issued hereunder, and such operator shall not be eligible to receive a new license for a period of one (1) year from the date of such conviction.
   Any operator in charge of a vehicle found on the public streets to be intoxicated and upon conviction for being intoxicated while in charge of such vehicle shall have his license suspended by the Director for a period of one (1) year from the date of such conviction.
   In addition, the Director shall revoke the license of any licensed operator for any of the following reasons:
      (1)   Licensee having obtained a license by false statements in their application, or upon misrepresentation or upon false statements on their affidavits in applying for a duplicate badge.
      (2)   Licensee having become physically or mentally incapable of driving a vehicle or upon information that any condition of the granting of the original license is no longer true.
      (3)   Licensee having been convicted of any drug-related offense or of a felony or misdemeanor involving moral turpitude.
      (4)   Upon information that unlawful use has occurred with the knowledge of the person owning the public vehicle, or the knowledge of the operator of such vehicle.
   The Director shall have continuing jurisdiction as to licenses granted hereunder. In the event of misconduct or acts on the part of a licensed operator that shows them to be a person unfit or unsuitable to drive a public vehicle, or which would be sufficient to justify the refusal of a license in the case of an original application, the Director shall revoke a license already granted. Any such administrative revocation may be appealed to the Board of Review at its next regular meeting.
   The Chief of Police shall notify the Director, upon forms to be furnished by the Director for that purpose, whenever any licensed operator is charged with or convicted of the violation of any law or ordinance in such a manner as to reflect on their moral character. In addition, the Chief of Police shall notify the Director, upon forms to be furnished by the Director for that purpose, of the conviction of any licensed operator for any violation of any ordinance governing public vehicles, or of any traffic law.
   The Director shall notify the operator of any suspension or revocation of their license, and shall require such operator to turn in their badge. Such notification shall be by registered mail or by personal service, directed to the last address of the driver on file with the Director.
   For purposes of this section, a day is defined as Monday through Friday, excluding holidays. Within five days after receipt of a notice of revocation, the licensee may make a demand in writing to the Director for a hearing. The hearing shall be held within fourteen days following receipt of the written demand, and at least two days' notice of the hearing shall be given to the licensee. The hearing shall be conducted by the Taxi Cab Board of Review, and in the event any of the members are unable to attend, their designee shall act in their behalf. The Board shall accept, reject or modify the revocation order. A copy of the decision of the Board shall be served upon the licensee in writing within ten days after the last day of the hearing. The decision of the Board shall be final and conclusive.
   (d)   Change of address.
   Every licensed operator shall have their residence address on file with the Director, and in case of change shall notify the Director in writing immediately.
   (e)   In addition, the operator of the vehicle shall:
      (1)   Be subject to all State and City traffic laws applicable to motor vehicles.
      (2)   Require all passengers to be seated except when boarding or discharging.
      (3)   Not operate during those days and times of day nor operate upon those streets, public places and quasi-public places prohibited by regulations promulgated by the Director.
      (4)   Not operate or stop in any bus priority lane.
      (5)   Make available to any person, upon request, the rates for all tours and trips offered by the services.
      (6)   Not be required to give a person a ride in the vehicle on demand of such person.
      (7)   Not smoke during the operation of the vehicle.
(Ord. 92-17. Passed 3-7-17.)