(A) License denial. A taxicab driver’s license or taxicab owner/operator license shall not be issued to any person who:
(1) Has been convicted of any offense constituting a felony;
(2) Has been convicted of any offense involving the use, possession, or sale of a controlled substance;
(3) Has been adjudged mentally incompetent and has not been legally restored to competency;
(4) Is involved in a pending court action for any criminal offense;
(5) Is subject to any infirmity, defect, or disorder of mind or body which might reasonably render him or her unfit for the safe carrying out of the duties of a taxicab driver or of a taxicab owner/operator, as determined by the Mayor from all reliable medical, psychological, or health information supplied by the applicant or by other persons concerning the applicant’s physical or mental condition;
(6) Has compiled an unsafe driving record, or a record of arrests that exhibits a disregard for the law;
(7) Within two years prior to filing the application for a license has been convicted of or forfeited bond for two or more moving traffic offenses, whether charged under state law or the ordinances of any jurisdiction; or
(8) Within three years prior to filing the application for a license has been convicted of or forfeited bond for a criminal offense involving public disorder, violence, theft, public indecency, or moral turpitude.
(B) Notification of denial. If a license is denied or refused, the Mayor shall cause written notification of such denial or refusal to be given to the applicant by U.S. certified mail at the address stated in the application, and such written notification shall include the basis for such denial or refusal, and shall advise the applicant of the procedure for appeal. If for any reason there is a failure of service by U.S. certified mail, the Mayor shall then cause such written notification to be given by regular U.S. mail with certificate of mailing, and service shall be deemed complete within three days of such mailing.
(C) Board created. A Taxicab License Appeals Board is hereby created and shall consist of the Village Administrator, who shall be the chairperson, the Chief of Police, and the Municipal Attorney. A majority of the members of the Board shall constitute a quorum.
(D) Appeals procedure.
(1) Any applicant who has been denied or refused a taxicab driver’s license or a taxicab owner/operator license may request and shall be granted a hearing on the matter before the Board by submitting a written request for a hearing to the Mayor within ten days after the service of the notice of denial or refusal. The written request for a hearing shall set forth the name, address, and telephone number of the applicant, and a brief statement of the grounds for appeal. Upon receipt of a request for a hearing, the Mayor shall deliver copies thereof to the Village Administrator, Chief of Police, and Municipal Attorney, and shall set a time and place for the hearing before the Board. The Mayor shall give the applicant written notice of the hearing by regular mail at least ten days prior to the date set for the hearing, which hearing shall be commenced within a reasonable time after a request has been filed.
(2) At such hearing, the applicant shall be given an opportunity to be heard and to show cause why he or she believes the license should be issued. The Mayor shall also be given an opportunity to be heard and to state the reasons why he or she believes the license should not be issued. The failure of the applicant or his or her representative to appear and state their case at such hearing shall result in dismissal of the appeal.
(3) After the hearing, the Board shall, by a majority vote, sustain, or deny the appeal, and the applicant shall be notified in writing of such decision and the reasons therefor.
(4) The proceedings at such hearing, including the decision of the Board and the reasons for the decision, shall be summarized and reduced to writing and entered as a matter of public record in the office of the Mayor.
(Prior Code, § 115.09) (Ord. 99-7, passed 4-20-1999)