Sec. 41-80. - Driver's permit required.

Except as otherwise provided in this article, no person shall drive a taxicab within the city, unless such person has a current taxicab driver's permit issued under the provisions of this division, which taxicab driver's permit (i) shall be in addition to any other driver's license required by law, and (ii) authorizes the holder of the taxicab driver's permit to operate any taxicab in the city for which a current certificate has been issued by the city.

(Ord. No. 6428-07, § 1)

Sec. 41-81. - Application.

(a)

The application for a taxicab driver's permit shall be in writing on forms prescribed by the chief of police, sworn to, and filed with the chief of police. In the interest of public welfare and safety, and for the express purpose of consideration of an applicant's qualifications for a taxicab driver's permit, or renewal thereof, it is necessary to obtain and confirm certain information, including the past criminal conduct of the applicant, to insure the applicant's qualifications are compatible with operating taxicabs in the city. To that end, such application shall include at least the following information concerning the applicant:

(1)

Full name, current home address, and places of residence within the past five (5) years.

(2)

Personal descriptive information to include age, height, race, color of eyes and hair, sex, and place of birth.

(3)

Whether or not the applicant is a citizen of the United States; and if not a citizen, the nature of the authorization for the applicant's presence in the United States.

(4)

Whether or not previously employed or licensed as a for hire driver or chauffeur, and if so, whether or not such license has ever been suspended, revoked or refused, together with the dates and cause of such action.

(5)

That applicant is of good moral character with no conviction, plea of guilty, or nolo contendere to a felony within the past five (5) years, and if so, the nature of the offense and date of each conviction.

(6)

Written permission by the applicant for the police department to conduct a federal and state, motor vehicle and criminal history records investigations prior to the issuance of an initial taxicab driver's permit, during the term of such permit, and for purposes of any renewals of such permits. Such permission shall also include a statement by the applicant which authorizes the police department to obtain information and records from any other public or private source concerning the applicant's criminal history, driving record, character, and general reputation for truth and veracity. To this end and to facilitate such investigations, applicant shall also submit to fingerprinting and provide personal descriptive information to be forwarded through the Virginia Central Criminal Records Exchange to the Federal Bureau of Investigation sufficient for the purpose of obtaining criminal history record information regarding the applicant pursuant to section 15.2-1503.1 of the Code of Virginia, 1950, as amended. The applicant shall be required to pay the cost of fingerprinting and the criminal records check.

(b)

The application filed under this section and any exhibits attached thereto shall be kept by the chief of police so long as the applicant has an active taxicab driver's permit issued by the city and for three (3) years thereafter.

(c)

It shall be unlawful for any person to make any statement on any application filed under this section that such person knows or should have known is false.

(Ord. No. 6428-07, § 1; Ord. No. 6493-08, § 1; Ord. No. 6851-12, § 1)

Sec. 41-82. - Applicant's qualifications.

No taxicab driver's permit shall be issued by the chief of police to an applicant if:

(1)

The applicant has ever used a taxicab for illegal purposes.

(2)

The applicant has any physical or mental infirmity which might render such driver unfit for the operation of a taxicab.

(3)

The applicant's current privilege to operate a motor vehicle is suspended or revoked.

(4)

The applicant has been convicted of a felony within the past five (5) years.

(5)

The applicant has been convicted in any court of driving under the influence of alcohol or other self-administered drug within the past twelve (12) months.

(6)

The applicant has been convicted in any court of a violation of any federal, state or city law regulating the ownership or operation of taxicabs within the past twelve (12) months.

(7)

The applicant has been convicted in any court of three (3) or more moving violations of the motor vehicle codes of any city or state, or a combination thereof, within the past twelve (12) months.

(8)

The applicant is less than eighteen (18) years of age.

(9)

The applicant does not possess a valid and current Virginia driver's license to drive a motor vehicle on the highways of the Commonwealth.

(10)

The applicant has provided false information on the application that is material to the chief of police's determination to issue or not issue a taxicab driver's permit, or the applicant has been denied a taxicab driver's permit within the past twelve (12) months based on having provided false information on a previous application.

(11)

Information and records obtained by the chief of police through the application investigation process indicates that the applicant is not qualified to obtain a taxicab driver's permit.

(12)

The applicant is required to register or has registered as a sex offender in any state or by the federal government, or has ever been convicted of a crime which would require the applicant to register as a sex offender under current laws.

(Ord. No. 6428-07, § 1; Ord. No. 6851-12, § 1)

Sec. 41-83. - Investigation of applicant.

Upon receipt of an application under this division, and payment of the fee to the city under section 41-84, the chief of police shall conduct an investigation, including such examination and hearings as the chief of police may deem proper, of the qualifications and fitness of the applicant to drive a taxicab.

(Ord. No. 6428-07, § 1)

Sec. 41-84. - Fee.

A non-refundable fee for the initial application of a taxicab driver's permit to cover the cost of processing the application shall be twenty-five dollars ($25.00). A non-refundable fee for the annual renewal of such taxicab driver's permit to cover the cost of processing the renewal application shall be twenty-five dollars ($25.00).

(Ord. No. 6428-07, § 1; Ord. No. 6851-12, § 1)

Sec. 41-85. - Issuance or refusal.

If, upon investigation, the chief of police is satisfied that the applicant for a taxicab driver's permit meets the requirements of this division and is otherwise qualified and fit to drive a taxicab, the chief of police shall issue the applicant a taxicab driver's permit.

If, upon investigation, the chief of police is not satisfied that the applicant for a taxicab driver's permit meets the requirements of the law and this division, or is otherwise disqualified or unfit to drive a taxicab, the chief of police shall not issue the applicant a taxicab driver's permit.

(Ord. No. 6428-07, § 1)

Sec. 41-86. - Term; renewal.

A taxicab driver's permit issued under the provisions of this division shall be valid for a term of twelve (12) months from the date of issuance, unless sooner suspended or revoked. On or before the expiration date of such permit, the holder thereof may renew the same upon payment of the renewal fee prescribed in this division, and completion of a renewal application on a form prescribed by the chief of police, sworn to and filed with the chief of police. If a taxicab driver's renewal permit application is not properly completed and submitted on or before the expiration date, the holder must apply for a new taxicab driver's permit in accordance with the provisions of this division and pay the fee prescribed herein for the initial issuance of a taxicab driver's permit.

(Ord. No. 6428-07, § 1; Ord. No. 6851-12, § 1)

Sec. 41-87. - Duplicate taxicab driver's permit.

Should it become necessary for a holder of a taxicab driver's permit, during the term of such taxicab driver's permit, to obtain another taxicab driver's permit due to the loss or defacement of the original, the chief of police shall issue the holder another taxicab driver's permit, upon the payment of a non-refundable re-issuance fee in the amount of ten dollars ($10.00).

(Ord. No. 6428-07, § 1; Ord. No. 6851-12, § 1)

Sec. 41-88. - Suspension or revocation.

(a)

A taxicab driver's permit issued under the provisions of this division shall be revoked by the chief of police after reasonable notice to the driver and an opportunity to be heard, if:

(1)

The permit holder uses a taxicab for illegal purposes.

(2)

The permit holder has any physical or mental infirmity for a period of more than ninety (90) days which renders such driver unfit for the operation of a taxicab;

(3)

The permit holder's privilege to operate a motor vehicle has been revoked.

(4)

The permit holder has been convicted in any court of a felony since issuance of the taxicab driver's permit.

(5)

The permit holder has been convicted in any court of driving under the influence of alcohol or other self-administered drug for the second time within the past twelve (12) months.

(6)

The permit holder has been convicted in any court of two (2) violations within a twelve-month period, or three (3) or more violations at any time, of any city or state code provisions, or a combination thereof, regulating the ownership or operation of taxicabs.

(7)

The permit holder has been convicted in any court of three (3) or more moving violations within a twelve-month period of the motor vehicle codes of any city or state, or a combination thereof.

(8)

The permit holder does not possess a valid and current Virginia driver's license to drive a motor vehicle on the highways of the Commonwealth.

(9)

The permit holder provided false information on the application that is material to the chief of police's determination to issue or not issue a taxicab driver's permit.

(10)

The permit holder's taxicab driver's permit has been suspended a second time for the same cause or a third time for any cause in the last twelve (12) months.

(11)

The permit holder fails to obey an order of a law enforcement officer issued pursuant to section 41-122 of this chapter.

(12)

The permit holder registers or is required to be registered as a sex offender in any state or by the federal government.

(b)

A taxicab driver's permit issued under the provisions of this division shall be suspended by the chief of police for the periods indicated, after reasonable notice to the driver and an opportunity to be heard.

(1)

If the permit holder has any physical or mental infirmity which renders such driver unfit for the operation of a taxicab, his permit may be suspended for an indefinite period until proof is provided by the driver that such infirmity has been corrected, except that if the period of infirmity lasts longer than ninety (90) days, the taxicab driver's permit shall be revoked by the chief of police.

(2)

If the permit holder has been convicted in any court of driving under the influence of alcohol or other self-administered drug within the past twelve (12) months, his permit shall be suspended until such time as the conviction is more than twelve (12) months old.

(3)

If the permit holder has been convicted in any court of a violation of any city or state code provisions regulating the ownership or operation of taxicabs, his permit shall be suspended for a period not to exceed ninety (90) days.

(4)

If the permit holder fails to post the taxicab driver's permit card as provided in this division, his permit shall be suspended for a period not to exceed seven (7) days.

(5)

If the permit holder fails to comply with the requirements of division 8 of this article, taxicab operating regulations, his permit shall be suspended for a period not to exceed ninety (90) days.

(6)

If the permit holder receives an unacceptable rating in the areas of cleanliness or driver's manifest during any inspection, and fails to pass reinspection within a thirty-day period from the date of the inspection, his permit shall be suspended for a period not to exceed ninety (90) days.

(c)

In the event of the suspension or revocation of such taxicab driver's permit, the taxicab driver's permit shall be forthwith surrendered to the chief of police. In case of suspension, the taxicab driver's permit shall be returned to the driver at the expiration of the period of suspension. In the case of revocation, the driver may reapply to the chief of police for a taxicab driver's permit at any time after the expiration of one (1) year from the date of revocation, or at the expiration of any period of revocation, whichever occurs later.

(Ord. No. 6428-07, § 1; Ord. No. 6851-12, § 1)

Sec. 41-89. - Appeal.

An appeal shall lie to the city manager from a decision of the chief of police denying, revoking, suspending or failing to renew a taxicab driver's permit as provided in this division. Such appeal shall be filed in writing with the city manager within ten (10) days after such adverse action on forms prescribed by the chief of police.

The city manager shall respond to the appellant within ten (10) days after receipt by his office of the written appeal. The city manager's response must either grant the relief requested or schedule a hearing within ten (10) days of the date of his response in order to afford the appellant an opportunity to be heard in the matter. A decision by the city manager shall be communicated to the appellant within ten (10) days after the hearing. The decision of the city manager shall be final; no further appeals are authorized or provided.

(Ord. No. 6428-07, § 1)

Sec. 41-90. - Records to be kept.

The department shall keep a complete record of all taxicab driver's permits issued under the provisions of this division and of renewals, suspensions and revocations thereof so long as the driver has an active taxicab driver's permit and for three (3) years thereafter.

(Ord. No. 6428-07, § 1)

Sec. 41-91. - Posting of taxicab driver's permit.

The taxicab driver's permit issued pursuant to the provisions of this division shall be prominently displayed in the right front sun visor area of every vehicle operated as a taxicab so as to be apparent to all passengers for hire.

(Ord. No. 6428-07, § 1)

Sec. 41-92. - Revocation of taxicab driver's permit by operation of law.

(a)

A taxicab driver's permit issued pursuant to the provisions of this division shall be immediately revoked and become void by operation of law, without notice or hearing, upon the conviction of, or plea of guilty or nolo contendere of any of the following by a permit holder:

(1)

A felony; or

(2)

Any crime or infraction that results in the suspension or revocation of the applicant's privilege to operate a motor vehicle in the Commonwealth of Virginia or any other state.

(b)

A taxicab driver's permit issued pursuant to the provisions of this division shall be immediately revoked and become void by operation of law if the permit holder has registered or is required to register as a sex offender in any state or by the federal government.

(Ord. No. 6428-07, § 1)

Sec. 41-93. - Surrender of taxicab driver's permit.

It is the affirmative duty of the holder of a taxicab driver's permit which has been revoked pursuant to the provisions of this division to immediately surrender such permit to the chief of police. Failure to do so is a violation of the terms of the issuance of the permit and the provisions of this article.

(Ord. No. 6428-07, § 1)

Secs. 41-94—41-99. - Reserved.