§ 37-30. Suspension and revocation.

(a)

If the director determines that a permittee has failed to comply with this chapter (except section 37-24) the director may suspend the taxicab driver's permit for a definite period of time not to exceed thirty (30) days.

(b)

If at any time the director determines that a permittee is not qualified under section 37-24, the director shall suspend a taxicab driver's permit until such time as the director determines that the permittee is qualified.

(c)

It shall be unlawful for a permittee whose taxicab driver's permit is suspended to operate a taxicab inside the city during the period of suspension.

(d)

The director shall notify the permittee in writing of a suspension under this section and include in the notice the reason for the suspension, the date the suspension is to begin, the duration of suspension and a statement informing the permittee of his right of appeal. This notice can be accomplished either by in-hand delivery or by mailing said notice to the permittee's last reported address. The period of suspension begins on the date specified by the director, or in the case of an appeal, on the date ordered by an appeal hearing officer. The filing of an appeal stays the suspension pending the outcome of the appeal unless the director finds that allowing the permittee to operate a taxicab pending appeal would constitute a danger to the public, which finding will be contained in the notice of suspension. In such an event the permittee may request that his appeal hearing be expedited to the next working day after the date of suspension and such request will be granted.

(e)

The 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 his taxicab driver's permit was suspended;

(2)

Made a false statement of a material fact in his application for a taxicab driver's permit or renewal; or

(3)

Engaged in conduct that constitutes a ground for suspension under subsection (a), and received either a suspension in excess of three (3) days or a conviction for violation of this chapter, two (2) times within the twenty-four-month period preceding the occurrence of the conduct.

(f)

A person whose taxicab driver's permit is revoked shall not:

(1)

Apply for another taxicab driver's permit before the expiration of twelve (12) months from the date the 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 for hire within the city.

(g)

The director shall notify the permittee in writing of a revocation and include in the notice the reason for the revocation, the date the director orders the revocation and a statement informing the permittee of his right of appeal. This notice shall be accomplished as in subsection (d).

(h)

After receipt of notice of revocation, the permittee shall, on the date specified in the notice, discontinue driving a taxicab for hire inside the city and shall surrender his taxicab driver's permit to the director. The filing of an appeal stays the revocation pending the outcome of the appeal unless the director finds that allowing the permittee to operate a taxicab pending appeal would constitute a danger to the public, which finding will be contained in the notice of revocation. In such an event the permittee may request that his appeal hearing be expedited to the next working day after the date of revocation and such request will be granted.

(Ord. No. 5009, § 1, 8-14-86)