§ 35-40. Suspension and revocation of chauffer's license.

(a)

If the director determines that a licensee has failed to comply with this chapter (except section 35-32) or a regulation established under this chapter, the director may suspend the driver's city chauffeur's license for a definite period of time not to exceed sixty (60) days.

(b)

If at any time the director determines that a licensee is not qualified under section 35-32, or is under indictment or has charges pending for any offense involving driving while intoxicated or any offense involving a crime described in section 35-32(a)(8)a. or criminal attempt to commit any of those offenses, the director shall suspend the city chauffeur's license until such time as the director determines that the licensee is qualified or that the charges against the licensee have been finally adjudicated.

(c)

A licensee whose city chauffeur's license is suspended shall not drive a taxicab, limousine, bus, shuttle, or pedicab inside the city during the period of suspension.

(d)

The director shall notify the licensee and the holder in writing of a suspension under this section and include in the notice the reason for the suspension; the date the director orders the suspension to begin, the duration of suspension or if it is under subsection (b), and a statement informing the licensee of a right of appeal. The period of suspension begins on the date specified by the director or, in the case of an appeal, on the date ordered by the appeal hearing officer.

(e)

The director may revoke a city chauffeur's license if the director determines that the licensee:

(1)

Operated a taxicab, limousine, bus, shuttle, pedicab, or horse drawn carriage inside the city a period in which the city chauffeur's license was suspended;

(2)

Made a false statement of a material fact in an application for a city chauffeur's license;

(3)

Engaged in conduct that constitutes a ground for suspension under subsection (a), and received either a suspension in excess of three (3) days or a conviction for violation of this chapter, two (2) times within the 12-month period preceding the occurrence of the conduct or three (3) times within the 24-month period preceding the occurrence of the conduct;

(4)

Engaged in conduct that could reasonably be determined to be detrimental to the public safety;

(5)

Used, possessed, or was under the influence of any form of alcoholic beverage or narcotic, or drug while on duty as a driver of a vehicle for hire, whether or not such drug or narcotic is defined as a dangerous drug or as a controlled substance under state or federal law;

(6)

Was convicted of any felony offense while holding a city chauffeur's license.

(f)

A person whose city chauffeur's license is revoked shall not:

(1)

Apply for another city chauffeur's license before the expiration of twelve (12) months from the date the director revokes the license or, in the case of an appeal, the date the appeal hearing officer affirms the revocation; or

(2)

Drive a taxicab, limousine, bus, shuttle, pedicab, or horse drawn carriage inside the city.

(g)

The director shall notify the licensee in writing of a revocation and include in the notice the reason for the revocation, the date the director orders the revocation, and a statement informing the licensee of his right of appeal.

(h)

After receipt of notice of suspension, revocation, or denial of license renewal, the licensee shall, on the date specified in the notice, surrender his city chauffeur's license to the director and discontinue driving a taxicab, limousine, bus, shuttle, pedicab, or horse drawn carriage inside the city.

(i)

Notwithstanding subsections (c) and (h), if the licensee appeals the suspension or revocation under this section, the licensee may continue to drive a taxicab, limousine, bus, shuttle, pedicab, or horse drawn carriage pending the appeal unless:

(1)

The city chauffeur's license of the licensee is suspended pursuant to subsection (b) or revoked pursuant to subsection (e)(6); or

(2)

The director determines that continued operation by the licensee would impose an immediate threat to public safety.

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