Part 7 — SUSPENSION AND REVOCATION

The chief of police, or the board on appeal, shall have the power to suspend or revoke a taxicab license issued under this chapter, on any of the grounds stated in Section 6.02.130 of this Code, or on any of the following grounds:

A.

The violation by the owner of any of the terms, conditions or requirements of the taxicab license, or of this chapter.

B.

Any act or omission of the owner of any fact or condition which, if it existed at the time the application for a taxicab license was filed, would have warranted the denial of the application.

C.

Cancellation or suspension of any insurance policy or coverage required of the owner by Section 6.64.450 of this chapter.

D.

Failure of the owner to pay any judgment against the owner for personal injury or death, or property damage arising out of the conduct of business under the taxicab license issued pursuant to this chapter, within thirty days after the judgment has become final.

E.

Voluntary written request by the owner to suspend the taxicab license for a definite period of time.

F.

Overcharge of, or the attempt to overcharge, taxicab fares by the owner, as prohibited by Section 6.64.320 of this chapter.

G.

Failure of the owner to pay when due any applicable taxes imposed by the City of San José.

(Ords. 19311, 22459, 28682.)

The chief of police, or the board on appeal, shall have the power to suspend or revoke a taxicab driver's permit issued under this chapter, on any of the grounds stated in Section 6.02.130 of this Code, or on any of the following grounds:

A.

Suspension, revocation, or expiration of the driver's privilege granted by the department of motor vehicles of the State of California to operate a motor vehicle on the public highways of the State of California.

B.

The violation of the driver of any of the terms, conditions or requirements of the taxicab driver's permit, or of this chapter.

C.

Any act or omission of the driver or any fact or condition which, if it existed at the time the application for a taxicab driver's permit was filed, would have warranted the denial of the application.

D.

Failure of the driver to pay any judgment against the driver for personal injury or death, or property damage arising out of the driver's operation of a public transportation vehicle, within thirty days after the judgment has become final.

E.

The driver consumed drugs or alcohol or is under the influence of drugs or alcohol while on duty, or is convicted of a crime relating to drugs or alcohol.

F.

Overcharge of, or the attempt to overcharge, taxicab fares by the driver, as prohibited by Section 6.64.320 of this chapter.

G.

Failure of the driver to pay when due any applicable taxes imposed by the City of San José.

(Ords. 22459, 28682.)

A.

Except as provided in Section 6.64.630 of this chapter, a taxicab license or a taxicab driver's permit issued pursuant to this chapter shall be revoked or suspended only after the owner or driver has been given reasonable notice and opportunity to be heard under the procedures set forth in Sections 6.02.200 and 6.02.210 of Chapter 6.02.

B.

Within a reasonable time after the close of the hearing, the chief of police shall render a decision setting forth the findings and reasons therefor.

C.

The decision of the chief of police shall be mailed to the owner or driver, at the address shown on the application, in the manner provided for in Section 6.64.030 of this chapter.

(Ords. 22459, 29230.)

A taxicab license or a taxicab driver's permit may be summarily suspended under the procedures set forth in Part 1.5 of Chapter 6.02.

(Ords. 22459, 29230.)

A.

The decision of the chief of police to suspend or revoke a taxicab license or taxicab driver's permit may be appealed to the board.

B.

The procedures for the appeal and the requirements of notice and hearing are set forth in Part 8 of this chapter.

C.

The suspension or revocation of a taxicab license or taxicab driver's permit shall remain in effect pending the appeal.

(Ords. 22459, 28682.)