VEHICLE IMMOBILIZATION SERVICE LICENSE.

Dallas City Code ch. 48C, art. II

in effect

Dallas City Code § 48C-6 LICENSE REQUIRED; APPLICATION.

SEC. 48C-6. LICENSE REQUIRED; APPLICATION. (a) A person commits an offense if, within the city, he, or his agent or employee: (1) engages in vehicle immobilization service on any property other than a parking lot; (2) engages in vehicle immobilization service without a valid vehicle immobilization service license; (3) causes a vehicle to be immobilized by a vehicle immobilization service that does not hold a valid vehicle immobilization service license; or (4) employs or contracts with a vehicle immobilization service not licensed by the director under this article for the purpose of having a vehicle immobilized. (b) To obtain a vehicle immobilization service license, a person must make written application to the director upon a form provided for that purpose. The application must be signed by the person who will own, control, or operate the proposed vehicle immobilization service. The application must be verified and include the following information: (1) The name, address, and telephone number of the applicant, the trade name under which the applicant does business, and the street address and telephone number of the vehicle immobilization service establishment. (2) The number and type of boots utilized by the vehicle immobilization service, including the make, model, and identification number. (3) Documentary evidence from an insurance company indicating a willingness to provide liability insurance as required by this chapter. (4) A statement attesting that each boot and other vehicle immobilization equipment used by the vehicle immobilization service has been rendered for ad valorem taxation in the city and that the applicant is current on payment of those taxes. (5) A list, to be kept current, of the owners and management personnel of the vehicle immobilization service, and of all employees who will participate in vehicle immobilization service, including names, dates of birth, state driver’s license numbers, social security numbers, and vehicle immobilization operator’s permit numbers. (6) A list of what methods of payment the applicant will accept from a vehicle owner or operator for removal of a boot. (7) Proof of a valid certificate of occupancy issued by the city in the name of the company and for the location of the vehicle immobilization service business. (8) Any other information deemed necessary by the director. (9) A nonrefundable application processing fee of $91. (c) A person desiring to engage in vehicle immobilization service shall register with the director a trade name that clearly differentiates the person’s company from all other companies engaging in vehicle immobilization service and shall use no other trade name for the vehicle immobilization service. (Ord. Nos. 27629; 30215; 33232)

Dallas City Code § 48C-7 LICENSE QUALIFICATIONS.

SEC. 48C-7. LICENSE QUALIFICATIONS. (a) To qualify for a vehicle immobilization service license, an applicant must: (1) be at least 19 years of age; (2) be currently authorized to work full- time in the United States; (3) be able to communicate in the English language; (4) not have been convicted of a crime: (A) involving: (i) criminal homicide as described in Chapter 19 of the Texas Penal Code; (ii) kidnapping as described in Chapter 20 of the Texas Penal Code; (iii) a sexual offense as described in Chapter 21 of the Texas Penal Code; (iv) an assaultive offense as described in Chapter 22 of the Texas Penal Code; (v) robbery as described in Chapter 29 of the Texas Penal Code; (vi) burglary as described in Chapter 30 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in vehicle immobilization service; (vii) theft as described in Chapter 31 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in vehicle immobilization service; (viii) fraud as described in Chapter 32 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in vehicle immobilization service; (ix) tampering with a governmental record as described in Chapter 37 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in vehicle immobilization service; (x) public indecency (prostitution or obscenity) as described in Chapter 43 of the Texas Penal Code; (xi) the transfer, carrying, or possession of a weapon in violation of Chapter 46 of the Texas Penal Code, or of any comparable state or federal law, but only if the violation is punishable as a felony under the applicable law; (xii) a violation of the Dangerous Drugs Act (Chapter 483, Texas Health and Safety Code), or of any comparable state or federal law, but only if the violation is punishable as a felony under the applicable law; (xiii) a violation of the Controlled Substances Act (Chapter 481, Texas Health and Safety Code), or of any comparable state or federal law, but only if the violation is punishable as a felony under the applicable law; (xiv) criminal attempt to commit any of the offenses listed in Subdivision (4)(A)(i) through (xiii) of this subsection; and (B) for which: (i) less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the applicant was convicted of a misdemeanor offense; (ii) less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the applicant was convicted of a felony offense; or (iii) less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if, within any 24-month period, the applicant has two or more convictions of any misdemeanor offense or combination of misdemeanor offenses; (5) not be addicted to the use of alcohol or narcotics; (6) be subject to no outstanding warrants of arrest; and (7) not employ any person who is not qualified under this subsection. (b) An applicant who has been convicted of, or who employs a person who has been convicted of, an offense listed in Subsection (a)(4), for which the required time period has elapsed since the date of conviction or the date of release from confinement imposed for the conviction, may qualify for a vehicle immobilization service license only if the director determines that the applicant, or the employee, is presently fit to engage in the business of a vehicle immobilization service. In determining present fitness under this section, the director shall consider the following: (1) the extent and nature of the applicant’s, or employee’s, past criminal activity; (2) the age of the applicant, or employee, at the time of the commission of the crime; (3) the amount of time that has elapsed since the applicant’s, or employee’s, last criminal activity; (4) the conduct and work activity of the applicant, or employee, prior to and following the criminal activity; (5) evidence of the applicant’s, or employee’s, rehabilitation or rehabilitative effort while incarcerated or following release; and (6) other evidence of the applicant’s, or employee’s, present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the applicant, or employee; the sheriff and chief of police in the community where the applicant, or employee, resides; and any other persons in contact with the applicant, or employee. (c) It is the responsibility of the applicant, to the extent possible, to secure and provide to the director the evidence required to determine present fitness under Subsection (b) of this section. (d) A licensee shall maintain a permanent and established place of business at a location within the city where a vehicle immobilization service is not prohibited by the Dallas Development Code. (Ord. 27629)

Dallas City Code § 48C-8 LICENSE ISSUANCE; FEE; DISPLAY; TRANSFERABILITY; EXPIRATION.

SEC. 48C-8. LICENSE ISSUANCE; FEE; DISPLAY; TRANSFERABILITY; EXPIRATION. (a) The director shall, within 30 days after the date of application, issue a vehicle immobilization service license to an applicant who complies with the provisions of this article. (b) A license issued to a vehicle immobilization service authorizes the licensee and any bona fide employee to engage in vehicle immobilization service. (c) The annual fee for a vehicle immobilization service license is $109, prorated on the basis of whole months. The fee for issuing a duplicate license for one lost, destroyed, or mutilated is $22. The fee is payable to the director upon issuance of a license. No refund of a license fee will be made. (d) A vehicle immobilization service license issued pursuant to this article must be conspicuously displayed in the vehicle immobilization service establishment. (e) A vehicle immobilization service license, or any accompanying permit, badge, sticker, ticket, or emblem, is not assignable or transferable. (f) A vehicle immobilization service license expires June 30 of each year and may be renewed by applying in accordance with Section 48C-6. Application for renewal must be made not less than 30 days or more than 60 days before expiration of the license and must be accompanied by the annual license fee. (Ord. Nos. 27629; 30215; 33232)

Dallas City Code § 48C-9 REFUSAL TO ISSUE OR RENEW LICENSE.

SEC. 48C-9. REFUSAL TO ISSUE OR RENEW LICENSE. (a) The director shall refuse to issue or renew a vehicle immobilization service license if the applicant or licensee: (1) intentionally or knowingly makes a false statement as to a material matter in an application for a license or license renewal, or in a hearing concerning the license; (2) has been convicted twice within a 12- month period or three times within a 24-month period for violation of this chapter or has had a vehicle immobilization service license revoked within two years prior to the date of application; (3) uses a trade name for the vehicle immobilization service other than the one registered with the director; (4) has had a vehicle immobilization service license suspended on three occasions within 12 months for more than three days on each occasion; (5) has been finally convicted for violation of another city, state, or federal law that indicates a lack of fitness of the applicant to perform vehicle immobilization service. (6) fails to meet the service standards in the rules and regulations established by the director; (7) is not qualified under Section 48C-7 of this article; or (8) uses a subcontractor to provide vehicle immobilization service. (b) If the director determines that a license should be denied the applicant or licensee, the director shall notify the applicant or licensee in writing that the application is denied and include in the notice the specific reason or reasons for denial and a statement informing the applicant or licensee of the right to, and process for, appeal of the decision. (Ord. 27629)

Dallas City Code § 48C-10 SUSPENSION OF LICENSE.

SEC. 48C-10. SUSPENSION OF LICENSE. (a) The director may suspend a vehicle immobilization service license for a definite period of time not to exceed 30 days or, if the deficiency is detrimental to public safety, then for a period of time until the deficiency is corrected, for one or more of the following reasons: (1) Failure of the licensee to maintain any vehicle immobilization equipment in a good and safe working condition. (2) Violation by the licensee or an employee of the licensee of a provision of this chapter or of the rules and regulations established by the director under this chapter. (3) Failure of the licensee’s operator to arrive at a parking lot within 30 minutes after the time the licensee is notified to do so by the vehicle owner or operator or the owner or operator’s representative. (b) Written notice of the suspension must be served on the licensee and must include the reason for suspension, the date the suspension begins, the duration of the suspension, and a statement informing the licensee of the right of appeal. (c) The period of suspension begins on the date specified in the notice of suspension or, in the case of an appeal, on the date ordered by the permit and license appeal board, whichever applies. (d) A licensee whose vehicle immobilization service license is suspended shall not operate a vehicle immobilization service inside the city during the period of suspension. (Ord. 27629)

Dallas City Code § 48C-11 REVOCATION OF LICENSE.

SEC. 48C-11. REVOCATION OF LICENSE. The director shall revoke a vehicle immobilization service license if the director determines that the licensee has: (1) intentionally or knowingly made a false statement as to a material matter in the application or hearing concerning the license; (2) intentionally or knowingly failed to comply with applicable provisions of this chapter or with the conditions and limitations of the license; (3) operated a vehicle immobilization service not authorized by the license or other applicable law; (4) been finally convicted for violation of another city, state, or federal law that indicates a lack of fitness of the licensee to perform vehicle immobilization service; (5) is under indictment for or has been convicted of any felony offense while holding a license; (6) does not qualify for a license under Section 48C-7 of this chapter; (7) failed to pay a license fee required under this chapter; or (8) violated Section 48C-44(c)(1) or (2) of this chapter. (Ord. 27629, eff. 10-1-09)

Dallas City Code § 48C-12 APPEALS.

SEC. 48C-12. APPEALS. Any person whose application for a license or license renewal is denied by the director, or a licensee whose license has been revoked or suspended by the director, may file an appeal with the permit and license appeal board in accordance with Section 2-96 of this code. (Ord. 27629, eff. 10-1-09)

Source: City of Dallas, Dallas City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-124301Fetched: 10/26/2026