§ 35-32. Qualification for city chauffeur's license.

(a)

To qualify for a city chauffeur's license, an applicant shall:

(1)

Be at least eighteen (18) years of age;

(2)

Be currently authorized to work full-time in the United States;

(3)

Hold a valid driver's license issued by the state;

(4)

Be able to communicate in the English language;

(5)

Not be afflicted with a physical or mental disease or disability that is likely to prevent the applicant from exercising ordinary and reasonable control over a motor vehicle or that is likely to otherwise endanger the public health or safety;

(6)

Not have been convicted of more than four (4) moving traffic violations arising out of separate transactions, or been involved in more than two (2) automobile accidents in which it could be reasonably determined that the applicant was at fault, within any 12-month period during the preceding thirty-six (36) months;

(7)

Reserved.

(8)

Not have been convicted or placed on probation or deferred adjudication for a crime:

a.

Involving:

1.

Criminal homicide as described in Chapter 19 of the Texas Penal Code;

2.

Kidnapping as described in Chapter 20 of the Texas Penal Code;

3.

A sexual offense as described in Chapter 21 of the Texas Penal Code;

4.

An assaultive offense as described in Chapter 22 of the Texas Penal Code, other than a Class C misdemeanor;

5.

Robbery as described in Chapter 29 of the Texas Penal Code;

6.

Burglary as described in Chapter 30 of the Texas Penal Code;

7.

Theft as described in Chapter 31 of the Texas Penal Code, but only if the violation is punishable as a felony;

8.

Fraud as described in Chapter 32 of the Texas Penal Code;

9.

Tampering with a governmental record as described in Chapter 37 of the Texas Penal Code;

10.

Public indecency (prostitution or obscenity) as described in Chapter 43 of the Texas Penal Code;

11.

The transfer, carrying, or possession of a weapon in violation of Chapter 46 of the Texas Penal Code, but only if the violation is punishable as a felony;

12.

A violation of the Chapter 483, Dangerous Drugs, of the Texas Health and Safety Code that is punishable as a felony;

13.

A violation of the Controlled Substances Act, Chapter 481 of the Texas Health and Safety Code that is punishable as a felony; or

14.

Criminal attempt to commit any of the offenses listed in subsections (a)(8)a.1.—(a)(8)a.13. of this subsection;

b.

For which:

1.

If the applicant was convicted for a misdemeanor offense, less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date;

2.

If the applicant was placed on probation or deferred adjudication for a misdemeanor offense, less than two (2) years have elapsed since the date of successful completion of probation or deferred adjudication;

3.

If the applicant was convicted for a felony offense, less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction or the date of release from parole, whichever is the later date;

4.

If the applicant was placed on probation or deferred adjudication for a felony offense, less than five (5) years have elapsed since the date of successful completion of probation or deferred adjudication;

5.

Less than five (5) 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 (2) or more convictions of any misdemeanor offense or combination of misdemeanor offenses; or

6.

Less than five (5) years have elapsed since the date of the successful completion of probation or deferred adjudication for the last offense, whichever is the later date, if, within any 24-month period, the applicant has been placed on probation or deferred adjudication two (2) or more times for any misdemeanor offense or combination of misdemeanor offenses;

(9)

Not have been convicted of, or discharged by probation or deferred adjudication for, driving while intoxicated:

a.

Within the preceding twelve (12) months; or

b.

More than one (1) time within the preceding ten (10) years;

(10)

Not be addicted to the use of alcohol or narcotics;

(11)

Be subject to no outstanding warrants of arrest;

(12)

Be sanitary and well-groomed in dress and person in compliance with section 35-57 of this chapter;

(13)

Have a valid contract with or be currently employed by a holder; and

(14)

Have successfully passed a written geography test covering knowledge of city streets, buildings, etc. to be administered by the taxicab inspector.

(b)

An applicant who has been sentenced for an offense listed in subsection (a)(8) or (9), for which the required time period provided by this chapter has elapsed, may qualify for a taxicab, limousine, shuttle, pedicab, or horse drawn carriage driver's license only if the director determines that the applicant is presently fit to engage in the occupation of a taxicab, limousine, shuttle, pedicab, or horse drawn carriage driver. In determining present fitness under this section, the director shall consider the following:

(1)

The extent and nature of the applicant's past criminal activity;

(2)

The age of the applicant at the time of the commission of the crime;

(3)

The amount of time that has elapsed since the applicant's last criminal activity;

(4)

The conduct and work activity of the applicant prior to and following the criminal activity;

(5)

Evidence of the applicant's rehabilitation or rehabilitative effort while incarcerated or following release; and

(6)

Other evidence of the applicant's present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the applicant; the sheriff and chief of police in the community where the applicant resides; and any other persons in contact with the applicant.

(c)

It is the responsibility of the applicant, to secure and provide to the director the evidence required to determine present fitness under subsections (a) and (b) of this section.

(Ord. No. 02-058, § 3, 6-27-02; Ord. No. 11-018, § 2, 3-24-11; Ord. No. 13-039, § 2, 7-11-13 ; Ord. No. 14-048, § 2, 8-14-14 )