§ 33-034. Revocation and suspension of operating permit.

(a)

The director may revoke an operating permit, or suspend such operating permit for a period not to exceed sixty (60) days, where the director has determined it is in the best interest of the public or where the holder:

(1)

Since the date of issuance of his operating permit, has been convicted or placed on community supervision, including but not limited to probation and deferred adjudication, for violations of any city, state, or federal law where said violation relates directly to the duties and responsibilities of the holder including but not limited to the violations listed in section 33-010 of this chapter;

(2)

Since the date of issuance of the operating permit, has been indicted for criminal homicide, including murder and manslaughter but excluding criminal negligent homicide, or for any of the offenses listed in section 33-010 of this chapter;

(3)

Has under his employment or contract a driver whose drivers permit has been suspended or revoked under the provisions of this chapter, or where a holder has failed to take reasonable action against one of the holder's drivers;

(4)

Has failed to comply with a correction order issued to him by the director within the time specified in the order;

(5)

Has failed to comply with this chapter or any rules, regulations, orders or directives;

(6)

Has substantially breached the terms of the permit agreement;

(7)

Has failed to pay a permit fee at the time it was due;

(8)

Has failed to pay a monetary penalty at the time it was due;

(9)

Has failed to comply with the license/permit bond requirements of this chapter;

(10)

Has failed to comply with the insurance requirements of this chapter;

(11)

Has transferred an operating permit without the city's approval;

(12)

Has allowed the operation of a ground transportation service without the city's approval;

(13)

Has failed to place in operation pursuant to the provisions of this chapter the number of vehicles authorized in the permit agreement within ninety (90) days of the date of the issuance of the operating permit;

(b)

The decision of whether to suspend or revoke an operating permit, while vested in the director, shall be based on the following considerations:

(1)

The relationship of the violation to a holder's ability, capacity or fitness to provide a safe and reliable service;

(2)

The relationship of the violation to the city's interest in protecting the public safety and welfare;

(3)

A holder's willingness or ability to promptly come into compliance with any provision that is the basis for the suspension or revocation of the operating permit; and

(4)

The number or frequency of similar violations attributed to the holder or the holder's company.

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