Kansas City Code § 76-31 Title of article.
Sec. 76-31. - Title of article.
This article shall be known as the "Vehicles for Hire Code," may be cited as such, and will be referred to in this article as "this code."
(Ord. No. 150203, § 2, 4-9-15)
GENERALLY
Kansas City Code ch. 76, art. II, div. 1
in effectKansas City Code § 76-32 Definitions.
Sec. 76-32. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Bicycle means any device upon which a person may ride, which is propelled by human power through a system of belts, chains, or gears, and may include an electric assist motor, and has wheels at least 16 inches in diameter and a frame size of at least 13 inches.
Charitable non-profit transportation vehicle means a vehicle for hire that is used by a local charitable non-profit transportation organization affiliated with a state or national non-profit charitable organization to solely transport persons who are 65 years of age or older or visually impaired and their required personal care attendants or family members.
Cruising means a method of soliciting passengers for hire by continuous or repeated operation of any taxicab or other vehicle along a street or other public way for the purpose of obtaining or picking up passengers.
Darkness means any time from one-half hour after sunset to one-half hour before sunrise and any time when visibility is not sufficient to render clearly discernible any person or vehicle on the highway at a distance of 1,000 feet.
Department means the neighborhoods and housing services department of the city.
Digital network means any online-enabled technology application, website, or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company drivers.
Director means the director of the neighborhoods and housing services department or an authorized representative.
Driver's certificate means evidence of authorization to operate vehicles in the services authorized under this article.
Group riding means an arrangement between individuals whereby they pool their private transportation resources, either by using the personal automobile of one member of the group with the others contributing to the cost of operating such automobile, or by rotating the use of their personal automobiles with joint contributions to the cost by the other members of the group, or when any employer provides transportation for his employees, and for none other, for a charge. The term "group riding" shall not be deemed to include the operation of a taxicab, jitney or other vehicles for hire, or the commercial transportation of persons by public or private conveyances, whether on regular routes or special trips, between different localities or otherwise; and all such taxicab, jitney or other vehicles for hire shall continue to be subject to the existing ordinances applicable thereto.
Jitney means any automobile, motor bus or other self-propelled or human propelled vehicle not regulated by any local, state or federal authority which is run, driven or operated upon or along any street, between definite or substantially fixed points or terminals or along a definite or substantially fixed route, whether entirely within the city or partly within and partly without the city, and carrying passengers for compensation, or furnishing passengers transportation for compensation upon or along the streets, from, to and between definite or substantially fixed localities or districts, whether such compensation is payable per trip, weekly, periodically or otherwise, directly or indirectly.
Judgment means a final judgment by a court of competent jurisdiction of any state or of the United States, upon a claim for relief for damages, including damages for care and loss of services because of bodily injury to or death of any persons, or for damages because of injury to or destruction of property, including the loss of use thereof, or upon a claim for relief on any agreement or settlement for such damages arising out of the ownership, maintenance or use of any and all motor vehicles operated pursuant to a vehicle permit issued by the city.
Livery company means an individual, firm, corporation, association, partnership, or cooperative that owns, controls and operates a livery service utilizing livery vehicles that have vehicle permits.
Livery vehicle means a public six-passenger or less motor vehicle with driver included, for hire only by written agreement or electronic agreement for exclusive use where the driver expects to receive compensation in the form of a fixed charge or donation.
Motor bus means a motor vehicle designed and constructed for the general transportation of passengers for hire and possessing a manufacturer's rated seating capacity for ten or more passengers.
Multi-passenger human powered vehicle means a pedicab that is pedal driven by the passengers while the steering and braking is controlled by the driver.
Pedicab means a bicycle which is made of a solid frame that has three or more wheels, that transports or is capable of transporting passengers on seats attached to the bicycle, that is operated by human power, and that is used for transporting passengers for hire.
Person means an individual, firm, corporation, association, partnership, or cooperative unless the context requires a contrary interpretation.
Permit holder means the person to whom a permit has been issued.
Prearranged ride means the provision of transportation by a TNC driver to a rider, beginning when a TNC driver accepts a ride requested by a rider through a digital network controlled by a transportation network company, continuing while the TNC driver transports a requesting rider, and ending when the last requesting rider departs from the TNC vehicle. A prearranged ride shall not include:
(1) Transportation provided using a taxi, limousine, or other for-hire vehicle under RSMo chapter 390; or
(2) A shared expense carpool or vanpool arrangement or service.
Public way means any street and any public or private driveway or parking area open to the public.
Radio dispatch means a two-way radio system including cellular or wireless telephones capable of handling voice and/or data communications for the purpose of dispatching vehicles and receiving calls from the drivers of such vehicles.
Rate card means a card issued by the director for display in each taxicab, which contains the rate of fare then in force.
Shared ride means a nonexclusive use of a taxicab by two or more unrelated passengers having either a common point of origin or a common destination point, but traveling in the same general direction.
Sightseeing company means an individual, firm, corporation, association, partnership, or cooperative that owns, controls and operates a sightseeing service utilizing sightseeing vehicles that have vehicle permits.
Sightseeing vehicle means a public passenger vehicle with driver furnished, for hire on regularly routed sightseeing tours, at a charge or fare per passenger or per hour fixed by agreement in advance, provided further that such sightseeing vehicles are:
(1) Not to be used for point-to-point transportation of passengers or goods;
(2) To be returned to a regular place of garage or point of origin of the regularly scheduled tour between hires; and
(3) Not to cruise in search of patronage.
Software means the object code versions of any applications, programs, operating system software, computer software languages, utilities, other computer programs and related documentation in whatever form or media, including the tangible media upon which such applications, programs, operating system software, computer software languages, utilities, other computer programs and related documentation are recorded or printed, together with all corrections.
Taxicab means a public passenger motor vehicle with a passenger carrying capacity of six or less with driver, furnished for hire on a call or demand basis to transport persons, packages or messages, where the route traveled and trip destination are controlled by the passenger, and at a charge or fare based upon time and mileage and recorded and indicated on a taximeter.
Taxicab company means an individual, firm, corporation, association, partnership, or cooperative that owns, controls and operates a taxicab service utilizing taxicab vehicle permits of which it is the holder.
Taximeter means a meter instrument or electronic device attached to a taxicab, which measures the distance driven and the waiting time upon which the fare is based, calculated and regulated by ordinance and displayed in full view of the customer.
Taxicab stand means a place designated only for taxicabs to await passenger pick up where the driver must remain with the vehicle at all times.
Taxicab vehicle/livery vehicle zone means a place designated only for taxicabs or a place designated only for livery vehicles to await passenger pick-up or to receive calls for service.
Transportation network company orTNC means a corporation, partnership, sole proprietorship, or other entity that is licensed pursuant to this chapter, that uses a digital network to connect TNC riders to TNC drivers who provide prearranged rides. A TNC shall not be deemed to own, control, direct, operate, or manage the TNC vehicles or TNC drivers that connect to its digital network, except where agreed to by written contract.
Transportation network company (TNC) driver ordriver means an individual who:
(1) Receives connections to potential riders from a transportation network company in exchange for payment of a fee to the transportation network company; and
(2) Uses a TNC vehicle to offer or provide a prearranged ride to riders upon connection through a digital network controlled by a transportation network company in return for compensation.
Transportation network company (TNC) rider orrider means an individual or persons who use a TNC's digital network to connect with a TNC driver who provides prearranged rides to the rider in the TNC driver's TNC vehicle between points chosen by the rider.
Transportation network company (TNC) vehicle orTNC vehicle means a vehicle that is used by a transportation network company driver and is:
(1) Owned, leased, or otherwise authorized for use by the TNC driver; and
(2) Not a taxicab, limousine, or for-hire vehicle under RSMo chapter 390.
Vehicle means any taxicab, livery vehicle, sightseeing vehicle, charitable nonprofit transportation vehicle and pedicab as used in this section.
Vehicle permit means an official document issued by the neighborhoods and housing services department authorizing operation of a licensed taxicab, livery vehicle, sightseeing vehicle or pedicab on the streets of the city.
(Ord. No. 150203, § 2, 4-9-15; Ord. No. 150506, § 1, 8-27-15; Ord. No. 160938, § 1, 2-16-17; Ord. No. 170460, § 1, 7-13-17; Ord. No. 170802, § 1, 10-19-17
Kansas City Code § 76-33 Applicability of article generally.
Sec. 76-33. - Applicability of article generally.
Unless specifically indicated otherwise, the provisions of this article shall apply to all taxicabs and other vehicles of every kind, character and description which are being used as taxicabs, cabs, for-hire cars, livery vehicles, sightseeing vehicles, nonprofit transportation vehicles, and pedicabs as engaged in such in the carriage of passengers for hire on the streets of the city.
(Ord. No. 150203, § 2, 4-9-15; Ord. No. 160938, § 1, 2-16-17; Ord. No. 170460, § 1, 7-13-17)
Kansas City Code § 76-34 Exemption from article for group riding.
Sec. 76-34. - Exemption from article for group riding.
None of the provisions of this code shall apply to group riding.
(Ord. No. 150203, § 2, 4-9-15)
Kansas City Code § 76-35 Exemption from article for airport passenger services operated under concession from city.
Sec. 76-35. - Exemption from article for airport passenger services operated under concession from city.
(a) The provisions of this code shall not apply to persons operating a scheduled motor vehicle passenger service for hire between Kansas City Downtown Airport or Kansas City International Airport or any other airport operated by the city and designated points in the city pursuant to a concession agreement with the city, or to drivers of such motor vehicles. The motor vehicles used in the service described in this section shall, with the approval of the director, be so marked as to indicate plainly the special service to which such motor vehicles are limited.
(b) Persons operating a motor vehicle in the special service described in this section shall pay such annual occupation license fee as is required in section 40-156.
(Ord. No. 150203, § 2, 4-9-15; Ord. No. 160938, § 1, 2-16-17)
Kansas City Code § 76-36 Other exemptions from article.
Sec. 76-36. - Other exemptions from article.
This code shall not apply to motor vehicles engaged exclusively in the transportation of pupils to and from schools, commonly known as school buses; or to motor buses engaged exclusively in interstate or interurban service under a driver's certificate of convenience and necessity issued by the Interstate Commerce Commission, the Kansas Corporation Commission or the public service commission of the state; or to motor buses operated by the Kansas City Area Transportation Authority or operated by others pursuant to a franchise or temporary vehicle permit granted under authority of the City Charter; or to vehicles operated by ambulance services; or to vehicles operated by a person or company and used to transport persons who are the employees, patrons, guests, residents or customers of the person or company and where the provision of such transportation is incidental to the business of such person or company.
(Ord. No. 150203, § 2, 4-9-15)
Kansas City Code § 76-37 Authority to prescribe additional rules and regulations.
Sec. 76-37. - Authority to prescribe additional rules and regulations.
The director is hereby authorized to issue such reasonable rules and regulations as maybe necessary in the administration and enforcement of the provisions of this code.
(Ord. No. 150203, § 2, 4-9-15)
Kansas City Code § 76-38 Administration and enforcement generally.
Sec. 76-38. - Administration and enforcement generally.
The director shall be charged with the duty of administration and enforcement of this code.
(Ord. No. 150203, § 2, 4-9-15)
Kansas City Code § 76-39 Appointment of investigators.
Sec. 76-39. - Appointment of investigators.
The director is hereby authorized and empowered to appoint investigators. The appointed investigators shall, under the direction and supervision of the director, exercise the power and duty of enforcing this code.
(Ord. No. 150203, § 2, 4-9-15)
Kansas City Code § 76-40 Qualifications for vehicle permit.
Sec. 76-40. - Qualifications for vehicle permit.
(a) In order to qualify for a vehicle permit, the vehicle operator must:
(1) Provide proof of current state registration and inspection;
(2) Have current license plates on the vehicle, if applicable.
(b) Taxicab vehicles. It shall be the duty of the investigators to inspect all taxicabs licensed by the city annually to determine whether such vehicles are being maintained at all times in a clean and serviceable condition and in adequate repair. Every taxicab shall be substantially free from damage. The vehicle shall have no loose hanging metal, body molding or chrome stripping. The complete exhaust system shall be intact and in good working order. The taxicab shall not operate with large dents or major body damage, nor shall the taxicab operate with large areas of unpainted or rusted metal. Taxicabs shall have all required fenders, bumpers, doors, trunk hood and latch, door handles, windows, windshield wipers, tires, lights and air conditioner in good working order. Every taxicab shall be equipped with brakes capable of stopping and holding the taxicab under all reasonable conditions, and shall have three doors in addition to the driver's door affording direct entrance and exit to and from the passenger compartment. The passenger compartment of each taxicab shall have an adequate light therein controlled by a switch in the passenger compartment. Failure to meet all above-listed requirements at any time shall cause the taxicab to be found unfit or unsuited for public use and such vehicle may be ordered off the streets of the city. Proof of the most current inspection report shall be provided upon request. The inspection fee shall be $22.00 for each vehicle presented for each inspection.
(c) Livery vehicles and sightseeing vehicles. Every livery, and sightseeing vehicle operated on the streets of the city shall be maintained in clean and serviceable condition and in adequate repair. Every vehicle shall be substantially free from damage. All vehicles shall have no loose hanging metal, body molding or chrome stripping. The complete exhaust system shall be intact and in good working order. No vehicle shall operate with large dents or major body damage, nor shall it operate with large areas of unpainted or rusted metal. All vehicles shall have all required fenders, bumpers, doors, trunk hood and latch, door handles, windows, windshield wipers, tires, lights and air conditioner in good working order. All vehicles shall be equipped with brakes capable of stopping and holding the vehicle under all reasonable conditions, and shall have three doors in addition to the driver's door affording direct entrance and exit to and from the passenger compartment. Failure to meet all above-listed requirements shall cause the vehicle to be found unfit or unsuited for public use, and such vehicle may be ordered off the streets of the city.
(Ord. No. 150203, § 2, 4-9-15; Ord. No. 150506, § 1, 8-27-15; Ord. No. 160938, § 1, 2-16-17; Ord. No. 170460, § 1, 7-13-17)
Kansas City Code § 76-41 Notice to correct violation; report of violations.
Sec. 76-41. - Notice to correct violation; report of violations.
If any taxicab inspector shall discover any violation of this code, he shall notify the permit holder and the owner, operator or driver of the vehicle involved therein by written notice that such violation be terminated and remedied immediately. At the same time, he shall report such violation to the director, who is authorized to suspend, revoke or refuse to renew the vehicle permit or driver's certificate pursuant to sections 76-77, 76-106, 76-115, 76-141 and 76-142.
(Ord. No. 150203, § 2, 4-9-15)
Kansas City Code § 76-42 Examination of records.
Sec. 76-42. - Examination of records.
Every person to whom a vehicle permit or driver's certificate has been issued under this article agrees, as a condition precedent to the privilege of holding such vehicle permit or driver's certificate, that the director or his duly appointed inspectors shall have the right and privilege to require such driver or owner to produce, for the purpose of inspection, any and all vehicle permits, driver's certificates and other records as required by this code for the purpose of ascertaining compliance by such owner or driver with the provisions of this article at any time.
(Ord. No. 150203, § 2, 4-9-15)
Kansas City Code § 76-43 Operation of jitneys prohibited.
Sec. 76-43. - Operation of jitneys prohibited.
No person shall drive, run or operate any jitney along or upon any street within the city at any time.
(Ord. No. 150203, § 2, 4-9-15)
Kansas City Code § 76-44 Penalty for operation of jitney.
Sec. 76-44. - Penalty for operation of jitney.
Any person who shall violate any of the provisions of section 76-43 shall be deemed guilty of an ordinance violation, and upon conviction thereof shall be punished by a fine of not less than $250.00 and not more than $1,000.00 for each and every offense, and the person guilty of any such violation shall be deemed guilty of a separate and distinct offense for each jitney for each and every day during which such violation shall continue.
(Ord. No. 150203, § 2, 4-9-15)
Kansas City Code § 76-45 Penalty for violation of article.
Sec. 76-45. - Penalty for violation of article.
Every person, including a vehicle permit holder or an employee or an agent of a vehicle permit holder, and every driver of a taxicab, delivery vehicle, sightseeing vehicle, or pedicab, who violates any of the provisions of this code, or who neglects or fails to comply with such provisions, shall be deemed guilty of an ordinance violation, and except in cases where another penalty has been fixed and prescribed shall, upon conviction, be fined not less than $100.00 and not more than $1,000.00 for each offense.
(Ord. No. 150203, § 2, 4-9-15; Ord. No. 170460, § 1, 7-13-17)
Kansas City Code § 76-46 Charitable non-profit transportation vehicle permit.
Sec. 76-46. - Charitable non-profit transportation vehicle permit.
(a) It shall be unlawful for any person to operate a charitable non-profit transportation vehicle unless a charitable non-profit transportation organization, as defined in this chapter, operating the vehicle shall have first obtained a vehicle permit from the director. Vehicle permits for the operation of charitable non-profit transportation vehicles shall be issued annually and shall expire on December 31 of each year. Vehicle permits in good standing on the date of their expiration shall be eligible for renewal. Such vehicle permits shall be renewed unless it is shown that grounds exist for the revocation of the vehicle permit pursuant to section 76-52. No charitable non-profit transportation vehicle permit shall be issued or renewed under this section until the occupation license tax set forth in section 40-156 has been paid. An application for a vehicle permit or renewal of a vehicle permit shall be made by a charitable non-profit transportation organization on a form furnished by the director.
(b) Any local charitable non-profit transportation organization desiring to operate charitable non-profit transportation vehicles shall submit the following:
(1) A written application for a vehicle permit or the renewal thereof to the director which application shall include the full identification of the applicant including its business and email address;
(2) The past experience, if any, that the applicant has had in rendering such service to the public;
(3) A vehicle in service form, provided by the director, to include the make, model, vehicle identification number and other information for each charitable non-profit transportation vehicle;
(4) Such further information as the director may reasonably require.
(Ord. No. 170460, § 1, 7-13-17)
Kansas City Code § 76-47 Charitable non-profit transportation vehicle driver's certificate.
Sec. 76-47. - Charitable non-profit transportation vehicle driver's certificate.
(a) No person shall operate a charitable non-profit transportation vehicle upon the streets of the city, and no person who owns or controls such vehicle shall give permission for it to be so driven, and no vehicle authorized by the city under this article shall be so driven at any time for hire, unless the driver of the vehicle shall have then in force a driver's certificate issued under the provisions of this section. Every person desiring to operate a charitable non-profit transportation vehicle shall:
(1) Be 18 years of age or older;
(2) Be of good moral character;
(3) Hold an A, B or C license in the State of Kansas or an A, B or C CDL license or an E license in the State of Missouri. The applicant shall include the number of the license on the application for the driver's certificate under this article.
(b) A driver's certificate shall not be issued to any person who:
(1) Has been found guilty or pleaded guilty to or been convicted of a felony which, if prosecuted pursuant to the laws of the state, would be charged as first degree murder, second degree murder, first degree arson, first degree assault, forcible rape, forcible sodomy, kidnapping, first degree robbery, voluntary manslaughter, or first degree assault of a law enforcement officer.
(2) Has been found guilty of, pleaded guilty to or been convicted of a felony or misdemeanor for sexual offenses which, if prosecuted pursuant to the laws of the state would be charged as first degree child molestation, second degree child molestation, sexual misconduct involving a child, first degree sexual misconduct, second degree sexual misconduct, third degree sexual misconduct, or sexual abuse.
(3) Is now or has ever been required to register as a sexual offender pursuant to federal law or with any state, county or local government.
(c) Investigation. After a complete and fully executed application for a driver's certificate has been filed with the director, the director shall cause the application to be investigated. The applicant may ask the director to investigate the application or the applicant can choose a licensed background investigation company to complete the investigation. The criminal background investigation shall include a review of all criminal records available including federal, all states, and the records of all counties in the state and in particular records regarding the registration of persons who have been found guilty or pleaded guilty to or been convicted of sexual offenses. The criminal background investigation shall, at a minimum, include an investigation of the applicant's background of everything listed in this section. If the applicant uses a background investigation company, the applicant must authorize the release of the investigation and require the investigation company to send a copy of the applicant's background investigation to the director.
(d) Fee. The driver's certificate provided for in this section shall not be issued or renewed until the fee for such driver's certificate shall have been paid. A non-refundable application fee as determined by the director will be assessed to the applicant to defray the cost of investigation and the application process. The application fee shall fully reimburse the city for the costs associated with the required background check and the issuance of the driver's certificate.
(e) Granting or denial; appeals.
(1) After completing the investigation, the director shall determine whether a driver's certificate shall be granted to the applicant. Such driver's certificate shall bear the genuine signature of the applicant.
(2) The director's grant or denial of an application for a driver's certificate or the renewal thereof shall be based on information provided in the application as well as any report submitted by an investigator, the police department or from the results of the background investigation. In addition to the qualifications set forth, the director shall consider any cause that may exist for suspension or revocation under section 76-52 in his determination on the renewal of a driver's certificate. Within ten days after issuance of notice by the director of his intention to deny such application, the applicant may submit a written request for a hearing, which shall be held in accordance with section 76-53. Appeal of the director's decision following a hearing shall be pursuant to section 76-78.
(f) Expiration. All driver's certificates shall expire on the last day of the month three years after the date of issuance. A driver's certificate may be renewed by the director upon written application on the form provided by the director.
(g) Driver's certificate. An appropriate driver's certificate shall be furnished to each driver by the director, showing his driver's certificate number and the year for which the driver's certificate is issued. Every charitable non-profit transportation vehicle driver, while on duty as such, need not display his driver's certificate in the vehicle, but must carry it on his person and display it to anyone upon request.
(Ord. No. 170460, § 1, 7-13-17)
Kansas City Code § 76-48 Charitable non-profit transportation insurance requirements.
Sec. 76-48. - Charitable non-profit transportation insurance requirements.
(a) It shall be unlawful for a charitable non-profit transportation organization, as defined in this chapter, to transport persons unless the organization has procured and maintains a commercial general liability insurance policy in the amount of not less than $1,000,000.00 per occurrence, a commercial automobile liability insurance policy in the amount of not less than $1,000,000.00 covering owned, hired, and non-owned vehicle on an "each accident" basis and a physical and sexual abuse policy for $1,000,000.00 in addition to all other requirements set forth in this Code.
(b) Insurance shall be carried by an insurance company which has been duly licensed or approved to write insurance in the state and shall be kept and maintained continually in force and effect so long as the applicant shall be licensed to operate taxicabs on the streets of the city. The liability insurance required to be maintained under the provisions of this section shall be a policy under which the insurance company obligates itself to handle claims under the coverage thereof and to identify the charitable non-profit transportation organization and the driver or operator of the vehicle, and pay to the claimant all amounts which the insured becomes legally obligated to pay under the policy, in excess of any applicable deductible which shall not exceed $500.00. A certificate of insurance reflecting all endorsements shall be filed with the director, who shall have the authority to require a true copy of the insurance policy at his discretion.
(1) The liability insurance policy shall contain a provision for continuing liability thereunder to the full amount thereto notwithstanding any recovery thereon.
(2) The liability insurance policy shall contain a separate endorsement requiring the insurance company to notify the director in writing of any change in coverage, or cancellation of the policy, at least ten days prior thereto.
(3) Proof of automobile liability insurance in conformance with state law for each charitable non-profit transportation vehicle and a valid certificate of insurance issued by a company providing the insurance coverage required by this section shall be available for inspection at the charitable non-profit transportation organization's principal place of business. The certificate shall include all of the following:
a. The full name of the insurer;
b. The name and address of the insured;
c. The insurance policy number;
d. The type and limits of coverage;
e. The effective dates of the insurance policy; and
f. The certificate issue date.
(c) Unlawful claims handling practices. It shall be unlawful for a charitable non-profit transportation organization under this article, or anyone acting on its behalf, to fail to act at all times in good faith in dealing with claimants or to commit or perform any of the following in handling of claims:
(1) Fail to present to claimants, and those alleging injury or loss at the scene of an accident, proof of insurance at the earliest possible opportunity;
(2) Misrepresent or fail to or refuse to disclose the public liability protection provided by the charitable non-profit transportation organization pursuant to the requirements of this section;
(3) Fail to promptly acknowledge all written and oral communications with respect to claims; and
(4) Fail to adopt and implement standards for the prompt investigation of claims.
(d) Claim records. The charitable non-profit transportation organization shall maintain records of all claims for bodily injury or property damage, which shall include:
(1) The name and address of the claimant;
(2) The date the organization was notified of the claim;
(3) The date of the incident giving rise to the claim;
(4) The location of the incident;
(5) The current status of the claim.
Such records shall be made available for inspection by the director or his representative during regular business hours in the office of the charitable non-profit transportation organization for a period of one year after final disposition of each claim.
(Ord. No. 170460, § 1, 7-13-17)
Kansas City Code § 76-49 Suspension and revocation of charitable non-profit vehicle permits and driver's certificates.
Sec. 76-49. - Suspension and revocation of charitable non-profit vehicle permits and driver's certificates.
(a) Suspension. The director may suspend the vehicle permit or driver's certificate issued under this article for a period not to exceed 90 days if, following a hearing held in accordance with section 76-53, he finds that:
(1) A vehicle permit holder or the holder of a driver's certificate issued under this article has violated any provision of this code or any regulation properly issued by the director; or
(2) A vehicle permit holder under this article has failed to satisfy, within 30 days, any final judgment upon which execution has been lawfully issued against such person for damages on account of bodily injury, including death, or damage to property resulting from the ownership, maintenance, use or operation of any charitable non-profit transportation vehicle; or
(3) A vehicle permit holder under this article has employed or permitted an agent or employee to hire or employ or contract with any person not holding a valid driver's certificate issued under the provisions of this code and has permitted such person to operate a charitable non-profit transportation vehicle for hire upon the streets of the city; or
(4) The holder of a driver's certificate issued under this article has been convicted of a violation of any municipal ordinance or state law prohibiting hit and run, driving under the influence of alcoholic beverages or drugs or reckless or careless driving, or of any offense whereby his or her acts or omissions caused bodily injury to his or her passengers or the public in the operation of a vehicle pursuant to this code.
(b) Revocation. The director may revoke any vehicle permit or driver's certificate if, following a hearing held in accordance with section 76-53, he finds that:
(1) A vehicle permit holder or the holder of a driver's certificate issued under this article has committed three or more acts constituting grounds for suspension in accordance with subsections (a)(1) through (4) of this section within a 12-month period or has operated or allowed another to operate under his or her suspended vehicle permit or driver's certificate; or
(2) A driver's certificate or one or more vehicle permits were obtained by misrepresentation or fraud, including knowingly providing false information concerning matters covered in section 76-48 on the application therefor; or
(3) The holder of a driver's certificate issued under this article has been convicted of committing a felony or any crime against a passenger of a vehicle operated pursuant to this code.
(c) Issuance of a new vehicle permit or driver's certificate after suspension or revocation. No new vehicle permit or driver's certificate will be issued to a vehicle permit or driver's certificate holder while his vehicle permit or driver's certificate is under suspension. No new vehicle permit or driver's certificate will be issued to a vehicle permit or driver's certificate holder for a 12-month period following revocation of his vehicle permit or driver's certificate.
(Ord. No. 170460, § 1, 7-13-17)
Kansas City Code § 76-50 Hearing.
Sec. 76-50. - Hearing.
(a) Whenever the director has knowledge of any action or condition which would constitute grounds for the suspension or revocation of any charitable non-profit vehicle permit or driver's certificate issued under this article, or other reasonable cause to believe such grounds exist, he shall hold a hearing to ascertain all facts in the matter and determine whether or not the subject vehicle permit or driver's certificate should be suspended or revoked. Not less than ten days prior written notice shall be served on the person holding such vehicle permit or driver's certificate by personal service or mailed by certified or registered mail to the address provided by the applicant, setting out the reason for the hearing and the conditions under which the hearing will be held. The vehicle permit or driver's certificate holder shall have full right to be represented by counsel, to produce witnesses, and to cross examine all witnesses who may appear against him. All procedures in such hearings shall be recorded stenographically, mechanically or electronically or by a combination thereof and shall be transcribed at the expense of the party requesting the transcription. Subpoenas shall be issued by the director for any witness whose presence is desired at any hearing or proceeding before the director to suspend or revoke a vehicle permit or driver's certificate, and such subpoenas may be served by any member of the city police department or any holder of a special officer's commission issued by the board of police commissioners. Such subpoenas shall be served and return thereon shall be made in the same manner provided by law in civil suits in the circuit court of this state.
(b) Witnesses may also appear voluntarily at such hearings and testify. Before any witness shall testify in any such hearing, he shall be sworn by the director to tell the truth and nothing but the truth. The director's decision and order shall be in writing and shall include, if so requested, findings of fact and conclusions of law. No suspension or revocation ordered by the director following a hearing in accordance with this section shall become effective until ten days after the order has been issued. Appeal of the director's decision can be pursued in accordance with the provisions of section 76-78.
(Ord. No. 170460, § 1, 7-13-17)
Source: City of Kansas City, Missouri, Code of Ordinances, Charter and Zoning and Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/mo/kansas_city/codes/code_of_ordinances?nodeId=COORKAMIVOII_CH76VEHI_ARTIIVEHICO_DIV1GEFetched: 10/28/2026