Milwaukee Code of Ordinances § 100-54 Public Passenger Vehicle Driver's License.
100-54. Public Passenger Vehicle Driver's License.
1. LICENSE REQUIRED. a. No person shall operate a public passenger vehicle in the city, including a human service vehicle licensed or otherwise regulated by the state of Wisconsin, unless the person first holds a valid license issued under this section.
b. No permittee may allow his or her vehicle to be operated by any person not holding a valid license issued under this section.
2. QUALIFICATIONS. Each applicant for a driver's license shall:
a. Be at least 18 years of age.
b. Possess a valid motor vehicle driver's license, excluding occupational licenses, issued by the state of Wisconsin.
c. If desiring to operate a motorcycle for tours, possess a valid motor vehicle driver's license issued by the state of Wisconsin for the operation of "Class M" vehicles under ch. 343, Wis. Stats., as amended.
e. If a driver of human service vehicles, have successfully completed within 3 years prior to the date of any original application a passenger assistance techniques training program approved by the commissioner of health. This requirement shall be waived if, at any time within the 2-year period prior to the date of filing the application with the city clerk, the applicant held a public passenger vehicle driver’s license for human service vehicles issued under this chapter.
f. Be able to read, write and speak the English language to the extent necessary to operate a public service vehicle licensed by the city.
g. Be of sound physique, with good eyesight, and not subject to epilepsy, vertigo, heart trouble or any other infirmity of body or mind which might render a person unfit for the safe operation of a public passenger vehicle.
h. Be clean in dress and person and shall comply with all applicable written standards of dress and appearance specified in the plan of operation provided under s. 100-50-4-b-8.
3. APPLICATION. a. Application for a driver's license shall be filed with the city clerk on forms provided therefor. The application shall require the following information:
a-1. Name, home address and telephone number of the applicant.
a-2. Date of birth, height, weight, color of eyes and hair of the applicant.
a-3. Valid motor vehicle driver's license number issued by the state of Wisconsin.
a-4. License classification for which the applicant is applying.
a-5. Name, business address and telephone number of the person, firm, association or corporation for whom the applicant is or will be employed as a public passenger vehicle driver, if known.
a-6. Whether the applicant has prior to the date of application been licensed to operate a public passenger vehicle in this city.
a-7. Whether the applicant has within the last 5 years had any motor vehicle driver's license issued by the state of Wisconsin suspended or revoked, and the nature of the suspension or revocation.
a-8. Sworn statement by the applicant stating that the applicant is aware that the license may be subject to suspension, nonrenewal or revocation if the licensee violates any rule or regulation provided in this section.
b. Each applicant for a driver's license shall file with the application one recent photograph suitable in size and form, as determined by the city clerk, for inclusion on the applicant's official license.
c. Post office box numbers shall not be acceptable for addresses required on applications for driver's licenses.
4. FEE. All applications shall be accompanied by the fee established in s. 81-44.7.
5. CHANGES TO BE REPORTED. A licensee shall notify the city clerk whenever there is a change in any information that is reported in the application form or renewal application form. The licensee shall make this notification in writing within 10 calendar days after the change occurs.
6. FINGERPRINTING. All applicants shall be fingerprinted as provided in s. 85-21-1.
7. INVESTIGATION. Each application shall be referred to the chief of police who shall cause an investigation of the applicant’s criminal history for the preceding 10 years and motor vehicle driving history for the preceding 2 years to be made, and report the findings to the city clerk. The chief of police may object to issuance of the license based on the applicant’s criminal history and shall object to issuance of the license if, within the preceding 2 years, the applicant has been convicted of 3 or more moving violations, as defined in s. 343.01(2)(cg), Wis. Stats., arising out of separate incidents or occurrences.
8. COMMON COUNCIL ACTION; APPLICATION FOR NEW LICENSE. If the police chief files no objection to an application for a new license, the city clerk shall issue the license in accordance with sub. 9. If the police chief files an objection, the application shall be subject to common council review and approval in accordance with the provisions of ss. 85-2.7 and 85-5 and may be subject to the additional requirements for license issuance under s. 100-56.
9. ISSUANCE OF LICENSE. Any license issued by the city clerk under this section shall contain the following information:
a. Name and recent photograph of the license holder
b. License classification indicating the category or categories of public passenger vehicles the licensee is qualified to operate.
c. The period of time for which the license is valid.
10. CHANGE OF LICENSE CLASSIFICATION. a. During the license period. Any holder of a license issued under this section is permitted to change the license classification during the license period. Requests for changes of classification shall be made by filing an amendment with the city clerk, and by providing documentation of meeting the qualifications for the license classification under s. 100-54-2 and payment of the fee as provided in s. 81-44.7-5.
a-1. If the police chief had not previously filed an objection to the application for the license for which the change in license classification is sought, the city clerk shall issue the license with a change in license classification in accordance with sub. 9.
a-2. If the police chief had previously filed an objection to the application for the license for which the change in license classification is sought, the city clerk shall refer the application for change of license classification to the chief of police for review.
a-2-a. If the police chief files no objection to an application for change of license classification, the city clerk shall issue the license with a change in license classification in accordance with sub. 9.
a-2-b If the police chief files an objection to an application for change of license classification, the application shall be forwarded to the licensing committee for its recommendation as to whether a license with a change in license classification should be issued.
b. At the time of renewal.
b-1. Any holder of a license issued under this section is permitted to change the license classification at the time application for renewal is filed. Requests for change of license classification shall be made by filing an application for renewal with the city clerk pursuant to sub. 11, and by providing documentation of meeting the qualifications for the license classification under s. 100-54-2 and payment of the fee as provided in s. 81-44.7-4.
b-2. If the licensee fails to submit documentation of meeting the qualifications for the change of license classification at the same time the application for renewal is filed with the city clerk, no change in license classification shall occur, except as provided in par. a.
11. RENEWAL AND NON-RENEWAL.
a. Procedure for Renewal. Applications for renewal shall be made to the city clerk. The clerk shall refer the application to the chief of police for review. The chief of police may object to renewal of the applicant’s license based on the applicant’s criminal history and shall object to renewal of the license if, within the most recent license period, the applicant has been convicted of 3 or more moving violations, as defined in s. 343.01(2)(cg), Wis. Stats., arising out of separate incidents or occurrences. If the chief of police indicates that the applicant still meets the licensing qualifications, the city clerk shall issue the license unless a written objection to renewal of the license has been filed with the city clerk in accordance with the provisions of s. 85-3-3. If a written objection is filed, or if a determination by the city clerk or a designee of the city clerk is made that the applicant no longer meets the licensing qualifications, the application shall be forwarded to the licensing committee for its recommendation to the common council.
b. If there is a possibility that the committee will not recommend renewal of a permit, the procedures for notice, hearing and review by the common council provided in sub. 12 shall apply.
c. An applicant who has held a public passenger vehicle driver’s license in the past 12 months shall be required to file a renewal application. If more than 12 months have elapsed since the date of license expiration, the applicant may file either a new application or a renewal application, except that any application filed after the expiration date of the license period following the license period for which the license was issued shall be considered a new license application and is subject to the requirements for an original license provided in sub. 2.
12. PROCEDURES FOR NON-RENEWAL, SUSPENSION OR REVOCATION.
a. Any license issued under this section may be subject to non-renewal, suspension or revocation for cause by the common council after notice to the licensee and a hearing and may be subject to the additional requirements for license issuance under s. 100-56.
b. Non-renewal, suspension or revocation proceedings may be instituted by the licensing committee upon its own motion, or upon sworn written charges made and filed with the city clerk by the chief of police or upon a sworn written complaint filed with the city clerk by any interested party.
c. Due Process Hearing and Review by the Common Council. If there is a possibility that the licensing committee will not recommend renewal of the license, or when revocation or suspension proceedings are initiated, the procedures for notice and committee hearing and for the committee report, recommendations and common council consideration provided in ss. 85-3 to 85-5 shall apply.
d. Grounds for Non-renewal, Suspension or Revocation. The recommendation of the committee regarding the licensee shall be based on evidence presented at the hearing. Probative evidence concerning non-renewal or revocation may include evidence of:
d-1. Failure of the licensee to meet the municipal qualifications.
d-2. Pending charges against or the conviction of any felony, misdemeanor, municipal offense or other offense by the licensee, the circumstances of which substantially relate to the circumstances of the licensed activity.
d-3. Violations of any rules or regulations of this chapter.
d-4. Any other factor or factors which reasonably relate to public health, safety and welfare.
13. DISQUALIFICATION. Whenever any application is denied, or license not renewed, revoked or surrendered, the procedures for disqualification for license provided in s. 85-13 shall apply.
14. REQUEST TO SURRENDER A LICENSE. See s. 85-17 for provisions relating to the surrender of licenses and the return of surrendered licenses.