§ 33-010. Denial of operating permit.

(a)

If the director, based on an investigation of the application under sections 33-007 and 33-008 of this chapter, determines that good cause exists for denial of the application, the director shall notify the applicant in accordance with section 33-072 of this chapter, of the decision and of the basis therefore. Upon the applicant receiving notice of the director's decision, the applicant may appeal such decision in accordance with section 33-033 of this chapter.

(b)

In the case where an applicant has a background of past criminal activity, application denial based solely thereon is warranted if and only if the past criminal activity is directly related to the duties and responsibilities of a holder as more fully described in this chapter. Accordingly, the following shall be considered in making a determination of job-relatedness:

(1)

The nature and seriousness of the crime;

(2)

The relationship of the crime to the reasons for requiring the city's approval prior to engagement in a ground transportation service;

(3)

The extent to which the applicant's engagement in a ground transportation service might offer an opportunity for further criminal activity of the same type as that which the applicant had previously been involved; and

(4)

The relationship of the crime to the ability, capacity or fitness required of the applicant to perform the duties and discharge the responsibilities of the ground transportation service, including:

a.

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

b.

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

c.

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

d.

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

e.

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

f.

Other evidence of the applicant's present fitness, including letters of recommendation from: prosecutorial, 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)

An application for an operating permit shall be denied where the applicant:

(1)

Is under indictment for or has been convicted of criminal homicide including murder, capital murder and manslaughter, but excluding criminally negligent homicide;

(2)

Is under indictment, is currently on community supervision including but not limited to probation and deferred adjudication, or has been convicted of any of the following:

a.

Multiple offenses involving violence to any person except conduct classified as no greater than a Class C misdemeanor offense under state law;

b.

Any offense involving prostitution or the promotion of prostitution;

c.

Any offense involving sexual assault, sexual abuse or indecency;

d.

Any offense involving the sale or manufacturing of drugs; or

e.

Any offense involving driving while intoxicated within five (5) years of the application date or more than one offense involving driving while intoxicated, or a combination of driving while intoxicated and other drug or alcohol related offenses.

(3)

Has falsified or materially altered or omitted pertinent information in any governmental record, including an application for an operating permit; or

(4)

Has not met the requirements for obtaining an operating permit as set forth in this chapter, rules or regulations established by the director.

(d)

An application for an operating permit may also be denied where the applicant is under indictment, is currently on community supervision, including but not limited to probation and deferred adjudication, or has been convicted of any of the following:

(1)

Any offense involving fraud or theft;

(2)

Any offense involving the unauthorized use of a motor vehicle;

(3)

Any violation of state or federal laws regulating firearms;

(4)

Any offense involving violence to any person except conduct classified as no greater than a Class C misdemeanor offense under state law;

(5)

Any offense involving the use or possession of drugs; or

(6)

Any other job-related offense.

(e)

An application for an operating permit may be denied where the applicant has a current vehicle fleet that is regulated by any section of chapter 33 and in which they have had any of the following fleet issues with in the previous twelve (12) months;

(1)

Has failed to have one hundred (100) percent of their fleet pass the annual inspection;

(2)

Has failed to comply with all corrective notices;

(3)

Has failed to maintain insurance or bond that complies with chapter 33;

(4)

Has had one or more permits revoked; or

(5)

Has demonstrated a history of non-compliance with any of the provisions of chapter 33, the rules or regulations established by the director, the permit agreement, or the operating permit.

(f)

Upon denial of an application for an operating permit, an applicant shall not be eligible for re-application for a period of twelve (12) months from the date of denial.

(Ord. No. 2014-12-11-1002, § 1(Att. A), 12-11-14)