Sec. 28-75. - Revocation.
(a) At any time after the issuance of a permit to any person to drive a taxicab, the chief of police or his/her/their designee shall revoke the permit:
(1) If he/she/they finds that the person holding the permit has made a material, false statement in the application for the permit, knowing it to be false.
(2) If he/she/they finds that the person holding the permit is physically or mentally incapable of operating a taxicab in a safe manner; provided, if the person holding the permit has been treated for any mental disorder, heart attack, epilepsy, or diabetes, such person shall submit to the city manager a written opinion from a physician or psychiatrist, or both, stating that the person holding the permit is physically and mentally competent to operate a taxicab and has been free from such recurrence for a period of six (6) months.
(3) If he/she/they finds that the person holding the permit has been convicted of or has entered a plea of guilty or a plea of nolo contendere to:
a. A felony.
b. A violation of any federal or state statute relating to the possession or sale of intoxicating liquors.
c. A violation of any federal or state statute relating to the use, possession, or sale of controlled substances.
d. A violation of any state statute relating to operating an automobile while under the influence of alcohol or drugs, or when the amount of alcohol in the blood meets or exceeds a specifically prohibited level, or when the operation of a vehicle has been directly and visibly affected by the operator's consumption of alcoholic beverages.
e. A violation of any state or federal statute relating to prostitution or gambling.
f. Any crime which may reasonably be interpreted as involving moral turpitude or is so offensive to the public morals, or of a sexual perversion as to justify the conclusion that the applicant is not of good moral character, including but not limited to those offenses listed in North Carolina General Statutes articles 26 and 27 [G.S. §§ 14-177 et seq., 14-203 et seq.].
g. A fourth violation, within any period of twelve (12) months, of the motor vehicle laws of the state, or the traffic ordinances of the city, or any of the provisions of this article.
(b) When grounds for revocation exist, the taxicab inspector shall by registered letter give notice to the holder of such permit that the permit is revoked and must be immediately surrendered. It shall be unlawful for the person to whom the permit was issued to fail to return same to the chief of police. The holder of such permit will have ten (10) days from the receipt of such notice to request in writing a hearing with the city manager or his/her/their designee, but such permit is revoked pending such appeal. If no hearing is requested within the allotted time, any appeal is considered waived at the expiration of the ten-day period. If such hearing is requested and the revocation is affirmed following the hearing, the holder of such permit has ten (10) days from the termination of the hearing to give written notice of appeal to the city council, but such permit shall be in revocation pending such hearing.
(c) The council hearing of any appeal shall be in the form of certiorari. If council finds that revocation is justified, holder may not reapply for a taxicab permit for a minimum of six (6) months.
(Code 1961, §§ 20-37, 20-39; Ord. No. 17-27, § 1, 3-21-17; Ord. No. 20-163, § 3, 12-15-20)