§ 56-29. - Revocation or suspension of certificate/business license and grounds therefore; notice; hearing; appeal to License Appeal Board.
(a) The Chief of Police or designee may at any time, pursuant to the revocation or suspension proceedings as hereinafter described, revoke or suspend the certificate of convenience and necessity/business license granted under this article, if it makes any of the following determinations of violations by (1) any owners, operators, managers, partners, officers or employees of the licensee or (2) an independent contractor or agent operating under the authority of licensee if the licensee has knowledge of, reasonably should have had knowledge of or supported the violations committed by the independent contractor or agent:
(1) If vehicles operated under the authority/endorsement of the licensee are not operated in accordance with the provisions of this article;
(2) If a taxicab licensee suspends service for a period of ten days without permission obtained from the Police Department's Permits and IDs Unit;
(3) If vehicles are operated within the corporate limits of the City at a rate or fare greater than that specified in the rate schedule then in effect and on file with the Police Department's Permits and IDs Unit;
(4) If a motor vehicle for hire is operated but is not insured as required by this article;
(5) If the certificate/business license was procured by fraudulent conduct or false statement of a material fact, or a fact concerning the applicant was not disclosed at the time of application and such fact would have constituted just cause for refusal to issue the certificate/license;
(6) If those persons, owners, operators, managers, partners, officers, employees, independent contractors, and/or agents operating motor vehicles for hire pursuant to the licensee's authority have violated any provisions of the article, or have committed any other acts, which reflect unfavorably on the fitness of the licensee to offer public services;
(7) If those persons, owners, operators, managers, partners, officers, employees, independent contractors and/or agents operating vehicles for hire pursuant to the authority of a licensee, have intercepted calls for service of other licensed motor vehicle for hire companies; and/or
(8) If those persons, owners, operators, managers, partners, officers, employees, independent contractors or agents operating vehicles for hire pursuant to licensee's authority have failed to maintain adequate and properly operating equipment as required by this article.
(b) In determining whether to revoke or suspend the certificate of convenience and necessity/business license, the Chief of Police or designee may consider, as a mitigating factor, any independent action taken by the licensee to deter future violations by any of the owners, operators, managers, partners, officers, or employees of the licensee or independent contractor or agent operating under the authority of the licensee. The Chief of Police or designee may apply the mitigating factor to their decision regarding revocation versus suspension, the appropriate length of a suspension, or a waiver of suspension.
(c) In order to initiate revocation or suspension proceedings, the Vehicle for Hire Inspector shall cause written notice to be given to the licensee that a hearing will be held thereon by the Chief of Police or designee. Such notice shall be given at least five days prior to the date of such hearing and shall specify the grounds upon which revocation or suspension proceedings will be conducted. At such hearing the Chief of Police or designee shall consider all relevant testimony before making its determinations thereon. A licensee may appeal from an adverse ruling by the Chief of Police or designee to the License Appeals Board, pursuant to the provisions of Sections 26-17 through 26-24 of the Code.
(d) Upon suspension or revocation of a motor vehicle for hire company's certificate/business license, all drivers' permits authorized under the motor vehicle for hire company's license shall be deemed invalid until such time as the drivers provide the Vehicle for Hire Inspector a letter of endorsement from a licensed Vehicle for Hire company. The drivers may move to a Vehicle for Hire company pursuant to Section 56-22.
(Ord. No. 24120, § 3, 8-17-10; Ord. No. 25002, § 3, 10-21-14; Ord. No. 25298, § 1, 1-5-16; Ord. No. 26994, § 1, 1-4-22)