§ 37-14. Suspension of annual operating permit.

The following regulations apply to the suspension of a temporary or annual operating permit:

(1)

The director may suspend a permit if he determines that the holder has:

a.

Failed to comply with a correction order issued to the holder by the director, within the time specified in the order;

b.

Intentionally or knowingly impeded the director or a law enforcement agency in the performance of their duty or execution of their authority;

c.

Failed to comply with this chapter;

d.

Substantially breached the terms of the franchise or permit;

e.

Failed to pay city ad valorem taxes on any property of the holder used directly or indirectly in connection with the taxicab service; or

f.

Failed to pay any fee due under the franchise or this chapter at the time it was due.

(2)

A suspension of a permit does not affect the expiration date of the permit.

(3)

The director shall serve notice of the suspension on the holder by delivery of the notice to the holder's principle place of business in the city.

(4)

The notice of suspension shall set forth the grounds for the suspension, the duration and a statement informing the holder of its rights to appeal.

(5)

A holder may appeal the suspension to the city council in writing within ten (10) days of the date of suspension as stated in the notice of suspension. The filing of the appeal stays the suspension until the council has acted on the appeal except as follows:

a.

If the director determines that continued operation by the holder pending the decision of the city council on the appeal would constitute an immediate threat to the public safety or welfare, the notice of suspension shall so state and filing of the appeal shall not stay the suspension;

b.

The director shall notify the city manager who shall notify the city council of such a suspension;

c.

The director shall, upon request, hold a hearing on or before the next working day. The holder may testify, present evidence, present witnesses or bring forth any other matter he deems necessary at the hearing; and

d.

The sole purpose of such a hearing shall be to determine if the suspension should be stayed pending the appeal.

(6)

The director may reinstate a suspended permit upon his determination that the deficiency causing the suspension has been corrected by the holder and he shall so notify the city manager.

(Ord. No. 5009, § 1, 8-14-86)