§ 12-123. Amendment, suspension and revocation.

(a)

Amendment. An annual permit is amendable at any time by the city council. The director may make a minor change by amendment of an annual permit at any time without the approval of the city council.

(b)

Suspension and revocation. The following regulations apply to the suspension or revocation of an annual permit.

(1)

The director may suspend or revoke a permit if the director determines that the holder:

a.

Failed to comply with a correction order issued to the holder by the director, within the time specified in the order;

b.

Intentionally or knowingly impeded the department or other law enforcement agency in the performance of its duty or execution of its authority;

c.

Failed to comply with this article;

d.

Does not qualify for operating authority under section 12-118;

e.

Has been convicted of a violation of another city, state, or federal law, which violation reflects unfavorably on the fitness of the holder to perform a public transportation service;

f.

Is under indictment for or has been convicted of any felony offense while holding taxicab operating authority;

g.

Substantially breached the terms of the permit;

h.

Failed to pay city ad valorem taxes on any property of the holder used directly or indirectly in connection with the taxicab service; or

i.

Failed to pay a permit fee at the time it was due.

(2)

A suspension of a permit does not affect the expiration date of the permit.

(3)

After revocation of a permit, a holder is not eligible for a permit for a period of two years.

(c)

Appeal. A person may appeal a denial of a taxicab driver's permit application, suspension of a taxicab driver's permit, or the revocation of a taxicab driver's permit, if he requests an appeal in writing, delivered to the city manager not more that ten business days after notice of the director's action is received.

(1)

The city manager or his designated representative shall act as the appeal hearing officer in an appeal hearing under this section. The hearing officer shall give the appealing party an opportunity to present evidence and make argument on his behalf. The formal rules of evidence do not apply to an appeal hearing under this section, and the hearing officer shall make his ruling on the basis of a preponderance of the evidence presented to the hearing.

(2)

The hearing officer may affirm, modify, or reverse all or part of the action of the director being appealed. The decision of the hearing officer is final.

(Code 1982, § 15-99; Ord. No. 01-39, § 1, 8-6-2001)