Division 3 — DRIVER'S LICENSE

Cross reference— Licenses and miscellaneous business regulations, Ch. 14.

(a)

No person shall operate a taxicab for hire upon the streets of the Town and no person who owns or controls a taxicab shall permit it to be so driven, and no taxicab licensed by the Town shall be so driven at any time for hire, unless the driver of such taxicab shall have first obtained and shall have then in force a taxicab driver's license issued under the provisions of this division except as hereinafter permitted. A holder of a certificate of public convenience and necessity is not required to license each driver if the driver is licensed by another local public entity in this County.

(b)

A holder of a certificate of public convenience and necessity whose drivers are licensed by another local public entity in this County shall provide to the Chief of Police a roster of names and addresses of all taxicab drivers holding current taxicab driver licenses under another jurisdiction. The holder shall update the roster with current driver information.

(c)

For purposes of this section, a holder of a certificate of public convenience and necessity includes those persons operating a taxicab business who are exempt from the requirement to obtain a Town certificate pursuant to Section 28.20.155 above.

(Code 1968, § 29-28; Ord. No. 1964, § IV, 1-3-94)

The application for a driver's license required by this division shall be in writing, duly certified under oath, and it, together with a copy thereof, shall be filed with the Chief of Police, who shall transmit the original to the Town Clerk, who shall file the same. Each such application shall set forth:

(1)

The name, age and address of the applicant;

(2)

The applicant's past experience in operating automobiles;

(3)

The name, business and address of each of the applicant's employers during the preceding period of three (3) years;

(4)

The name and address of the owner by whom the applicant is to be employed as a driver (which owner shall endorse the application); and

(5)

Such additional information as the Chief of Police may require.

(Code 1968, § 29-29)

At the time an application for a driver's license is filed under this division, the applicant shall pay to the Tax and License Collector the fee therefor as set forth by Council resolution. An annual renewal fee shall be paid to maintain such license in effect.

(Code 1968, § 29-30)

Upon application for a driver's license under this division, and before it shall be issued, the driver, whether the holder of a certificate of public convenience and necessity or otherwise, shall provide evidence that the applicant has a current valid motor vehicle driver's license issued by the State. No such driver's license shall be issued to any person under the age of eighteen (18) years. Upon satisfaction of the foregoing requirement, such driver shall be fingerprinted by, and the driver's record filed in, the Police Department. Such driver shall also file with the application two (2) recent photographs (size one and one-half (1½) inches by one and one-half (1½) inches), one (1) to be filed with the application and one (1) to be permanently attached to the driver's license when issued.

(Code 1968, § 29-31)

The Police Department shall conduct an investigation of each applicant for a taxicab driver's license and a report of such investigation and a copy of the traffic and police record of the application relating to the offenses set forth in section 28.20.280, if any, shall be attached to the application for the consideration of the Chief of Police.

(Code 1968, § 29-32)

(a)

Action on application. The Chief of Police, upon consideration of an application for a driver's license under this division and the reports and certificate required to be attached thereto, shall approve or reject the application.

(b)

Grounds for nonissuance. When the Chief of Police determines or discovers one of the following, the Chief will not issue a taxicab driver's license under this division to the affected applicant:

(1)

The applicant is under the age of eighteen (18) years; or

(2)

The applicant does not hold a valid state driver's license; or

(3)

The applicant has been convicted of a crime of moral turpitude, unless the applicant can demonstrate to the Chief's satisfaction that there were mitigating circumstances; or

(4)

The applicant has been convicted of driving under the influence of drugs or alcohol while operating a taxicab or other vehicle for hire.

(c)

Additional grounds for nonissuance. The Chief of Police may disapprove issuance of a taxicab driver's license to any person:

(1)

Who fails to furnish the information required in the application for the license, or such additional information as has been reasonably requested by the Chief in reviewing the application; or

(2)

Who has knowingly used a false or fictitious name on an application for the license, or has knowingly concealed a material fact, or otherwise misrepresented any information in the application; or

(3)

Who has a driving record that demonstrates to the Chief that the person is an incompetent or negligent vehicle operator.

(d)

Appeal. Any person whose application for a license under this division is denied by the Chief of Police has the right to appeal to the Town Council. A notice of appeal must be filed with the Town Clerk within ten (10) days of mailing of the notice of denial. The appeal shall be heard as a hearing de novo by the Town Council within thirty (30) days from the filing of the notice of appeal. The Council may overrule or affirm the denial by the Chief of Police, and if it overrules the denial, the Chief of Police shall issue the permit.

(e)

Term. Upon approval of an application for a taxicab driver's license, the Chief of Police shall issue a license to the applicant, which license shall bear the name, address, age, signature and photograph of the applicant, the name of the holder of a certificate of public convenience and necessity for whom such driver

is authorized to operate a taxicab and shall be valid only so long as the driver continues in the employ of such holder.

(Code 1968, § 29-33; Ord. No. 1964, § V, 1-3-94)

Upon the termination of employment of a licensee under this division, the driver shall forthwith surrender the driver's license to the Chief of Police. Upon the termination of the employment of any driver, the holder of a certificate of public convenience and necessity for whom such driver has been working shall immediately give the Chief of Police written notice of such termination.

(Code 1968, § 29-34)

Every driver of a taxicab shall post the driver's license in such a place as to be in full view of all passengers while such driver is operating a taxicab.

(Code 1968, § 29-35)

Every driver licensed under this division shall comply with all Town, State and Federal laws. Failure to do so will justify the suspending or revoking of a license as provided in this division.

(Code 1968, § 29-36)

(a)

The Chief of Police shall have the authority to suspend or revoke any driver's license issued under this division for failure or refusal of the driver to comply with the provisions of this article or for any of the reasons for either mandatory or discretionary denial as set forth in section 28.20.280. A suspension shall last for a period of not more than ten (10) days. The decision to suspend a license by the Chief of Police shall be final. The Chief of Police shall immediately report such action to the employer of the driver.

(b)

Any person whose license is revoked shall have the right to appeal to the Town Council. A notice of appeal must be filed with the Town Clerk within ten (10) days of the date of mailing of the notice of revocation. The appeal shall be heard as a hearing de novo by the Town Council within thirty (30) days from the filing of the notice of appeal. Council may overrule or affirm the revocation by the Chief of Police, and if it overrules the revocation, the Chief shall reinstate the permit in accordance with the Council decision. The decision of the Town Council shall be final, and if the driver's license is revoked, notice of the action of the Town Council shall be given to the driver's employer, and the license shall be surrendered forthwith to the Chief of Police.

(Code 1968, § 29-37)

Secs. 28.20.305—28.20.350. - Reserved.