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HomeMy WebLinkAboutOrdinance - 8785-1985 - Ord. Amending Ch. 27 And Code Of Ordinance Entitled "Vehicles For Hire" - 05/14/1985< .. June 14, 1985 Agenda Item #38 First Reading June 28, 1985 Agenda Item #6 Second Reading ORDINANCE NO. _8_78_5 __ _ I AN ORDINANCE AMENDING CHAPTER 27 Of THE CODE OF ORDINANCES, CITY OF I LUBBOCK, TEXAS, ENTITLED VEHICLES FOR HIRE, AMENDING THE HEREINBELOW FOLLOWING SECTIONS, PROVIDING THAT THE CHIEF OF POLICE SHALL INVESTIGATE 1 ALL APPLICANTS FOR CITY CHAUFFEUR'S LICENSES AND SHALL GRANT OR REFUSE SUCH APPLICATION FOR LICENSE; PROVIDING THE GRANTING OF TEMPORARY LICENSES; PROVIDING THAT WHEN AN APPLICATION FOR LICENSE IS REFUSED, AN APPEAL MAY BE HEARD BY THE PERMIT AND LICENSE APPEAL BOARD; PROVIDING SPECIFIC GROUNDS FOR SUSPENSION, REVOCATION OR DENIAL OF RENEWAL OF LICENSE; PROVIDING FOR A PROCEDURE FOR LICENSE REFUSAL BASED ON CRIMINAL BACKGROUND INVESTIGATION PURSUANT TO STATE LAW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock has determined that the changes indicated below would be in the best interest of the citizens of Lubbock and would be exercised for the safety, comfort and convenience in the use of the streets by the general public, NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Chapter 27 of the Code of Ordinances for the City of Lubbock entitled "Vehicles for Hire" BE amended by amending ttle following sections to read as follows: "27-19. Investigation of applicant. The chief of police shall investigate or cause to be investigated the character, experience and qualifications of the applicant desiring a city chauffeur's license as may be deemed in the best interests of the safety, comfort and health of the general public in the use of the streets by such applicant. The chief of police shall determine whether or not the applicant is qualified for such a city chauffeur's license in a manner consistent with such interests. (Ord. No. 1535, §3, 3-11-54; Ord. No. 2612, §1(10), 11-13-58; Ord. No. 8167, §1, 4-9-81; Code 1959, §31-23) 27-21. Issuance. If the applicant has complied with all of the requirements of this article and if the chief of police determines that the applicant qualifies under this article to receive a city chauf- feur's license, the chief of police shall grant such license. (Ord. No. 1535, §3, 3-11-54; Ord. No. 2612, §1(11), 11-13-58; Ord. No. 8167, §1, 4-9-81; Code 1959, §31-25) II I I 27-22. Temporary license. The chief of police is authorized to issue an applicant a temporary city chauffeur's license for a period not exceeding forty-five (45) days, pending the investigation required under section 27-19 of this Code, providing other requirements of this article have been satisfied. The chief of police may suspend or revoke such temporary license for applicant's violation of the public interests as set forth in section 27-19. (Ord. No. 1828, 2-9-56; Ord. No. 8167, §1, 4-9-81; Code 1959, §31-25.1) 27-23. Repealed. 27-26. Appeal when license refused. If the chief of police refuses to grant or renew the applicant a city chauffeur's license, or subsequently suspends or revokes said license, the applicant shall have the right to appeal to the Permit and License Appeal Board within ten (10) days from the date of such refusal, which appeal shall be perfected by delivering to the city secretary a letter stating that an appeal from the decision of the chief of police is requested. The Permit and License Appeal Board shall, within thirty (30) days after receiving such notice of appeal, hold a hearing thereon, and after the hearing, sustain or reverse the decision of the chief of police. If no appeal is taken from the finding made by the chief of police within the ten (10) day period provided, the decision of the chief of police shall be final. (Ord. No. 1535, §3, 3-1154; Ord. No. 2612, §1(13), 11-13-58; Ord. No. 8167, §1, 4-9-81; Code 1959, §31-28) 27-28. Suspension, revocation or denial of renewal of license. In addition to any other penalty provided by this Code, the chief of police may suspend for a definite period of time not more than six (6) months, revoke or deny the renewal of a city chauffeur's license issued pursuant to the provisions of this article only under one or more of the following conditions: (1) Applicant made any false statement of substance in his application for a chauffeur's license. (2) Applicant knowingly aided, abetted or otherwise engaged in the sale or attempted sale of intoxicating liquors, while performing the duties of a taxicab driver or while utilizing his city chauffeur's license, either on or off duty. - 2 - .. (3) Applicant knowingly aided, abetted or otherwise engaged in the solicitation or transportation of any persons convicted of any felony or any offense involving moral turpitude, or any offense involving the violation of the Texas Penal Code or the Texas Controlled Substances Act or the Texas Alcohol Beverage Code or any city ordinances governing prostitution or adult entertain- ment enterprises. (4) Applicant acted in any manner to aid, abet or otherwise solicit for prostitutes or any other illegal activity or establishment of any nature. (5) Applicant shall be found guilty or nolo contendre by any court of more than two (2) moving traffic viola- tions within a twelve (12) month period. (Ord. No. 1535, §5, 3-11-54; Ord. No. 8167, §1, 4-9-81; Code 1959, §31-30) (6) The chief of police otherwise disqualified an applicant for a city chauffeur's license pursuant to Art. 6252-13c, V.T.C.s., either in the matter of suspension, revocation, or denial of a license or denial of a renewal of license. 27-29. Procedure for license refusal pursuant to criminal background investigation. If a licensing authority, pursuant to Art. 6252-13c, suspends or revokes a valid license or denies an applicant a license or the opportunity to be examined for a license because of the applicant's prior conviction of a crime and the relation- ship of the crime to the license, the licensing authority shall notify the applicant in writing: (1) of the reasons for the suspension, revocation, denial, or disqualification; (2) of the review procedure provided by Section 27-30 of this article; and (3) of the earliest date that the person may appeal. (Art. 6252-13e, V.T.c.s., eff. Sept. 1, 1981) 27-30. Notice of review procedure. In the event an applicant is refused a license because of his prior conviction of a crime and the relationship of the crime to the license, pursuant to Art. 6252-13c, V.T.C.S., the chief of police shall notify the applicant by certified mail, return receipt requested, of the following procedure: -3 - ., ~ , . .. ' .! I (1) A person whose license has been suspended or revoked or who has been denied a license or the opportunity to be examined for a license by a licensing authority, who has exhausted administrative appeals, may file an action in a district court of the county in which the licensing authority is located for review of the evidence presented to the licensing authority and its decision. (2) The person must begin the judicial review by filing a petition with the court within 30 days after the licensing authority's decision is final and appeal- able." SECTION 2. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 3. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by City Council on first reading this 14th day of June 1985. Passed by City Council on second reading this 28th day of June 1985. ATTEST: APP;z:C~ Thomas J. NiChols, Chief of Police K~~ Assistant City Aftorney -. - 4 - , ' Section 27-19. The chief of police shall make or cause to be made such investigation of the characte~ experience and and qualification or the applicant desiring a city chauffeur's license as may be deemed consistent and judicious, and he shall determine whether or not the applicant is fit and qualified to drive and operate a taxicab or limousine within the corporate limits of the city in a manner consistent with the welfare of the public. Section 27-21. If the applicant for a city chauf- feur's license has complied with all the requirements of this article and his fingerprints are cleared by the bureaus mentioned in section 27-20 of the Code, and if the chief of police shall find that the applicant is otherwise a fit person and properly qualified under this chapter to receive a city chauffeur's license, he shall grant such license. Section 27-22. The director or public safety is authorized to issue an applicant a temporary city chauffeur's license for a time not exceeding forty-five C45> days, pending complete investi- gation, provided all other require- ments have been met. The director may for cause suspend or revoke such license. The chief of police shall investigate or cause to be investigated the char- acter, experience and qualifications of the applicant desiring a city chauffeur's license as may be deemed in the best interests of the safety, comfort and health of the general pub- lic in the use of the streets by such applicant. The chief of police shall determine whether or not the applicant is qualified for such a city chauf- feur's license in a manner consistent with such interests. If the applicant has complied with all of the requirements of this article and if the chief of police determines that the applicant qualifies under this article to receive a city chauf- feur's license, the chief of police shall grant such license. The chief of police is authorized to issue an applicant a temporary city chauffeur's license for a period not exceeding forty-five (45> days, pending the investigation required under section 27-19 or this Code, pro- viding other requirements of this article have been satisfied. The- chief of police may suspend or revoke such temporary license for applicant's violation of the public interests as set forth in section 27-19. Section 27-23. The director of public safety is authorized to suspend any city chauffeur's license when the licensee or any driver of a taxi- cab has been convicted of offenses within and related to the pro- visions of section 27-28. Section 27-26. If the chief of police refuses to grant the applicant a city chauf- feur's license, the applicant shall have the right to appeal to the City Council within ten (10) days from the date of such refusal, which appeal shall be perfected by delivering to the city secretary a letter stating that an appeal from the decision or the chief of police is desired. The City Council shall, within a reasonable time after re- ceiving such notice of appeal, hold hearing thereon, and after the hearing, sustain or reverse the de- cision of the chief of police. If no appeal is taken from the finding made by the chief of police within ten <10) day period provided, the decision of the chief of police shall be final. Section 27-28. In addition to any other penalty provided by this Code, a chauf- feur's license issued under the provisions of this article may be revoked by the City Council, after a hearing is first held resulting in a finding that the driver or a taxicab has done or has engaged in any of the following acts: <1> Made any false statement in his application for a chauffeur's license. Repealed. If the chief of police refuses to grant or renew the applicant a city chauffeur's license, or subsequently suspends or revokes said license, the applicant shall have the right to ap- peal to the Permit and License Appeal Board within ten (10) days from the date of such refusal, which appeal shall be perfected by delivering to the city secretary a letter stating that an appeal from the decision or the chief of police is requested. The Permit and License Appeal Board shall, within thirty (30> days after receiving such notice of appeal, hold a hearing thereon, and after the hearing, sustain or reverse the deci- sion of the chief or police. If no appeal is taken from the finding made by the chief of police within the ten (10> day period provided, the decision of the chief of police shall be final. In addition to any other penalty pro- vided by this Code, the chief of police may suspend for a definite period or time not more than six <6> months, revoke or deny the renewal of a city chauffeur's license issued pur- suant to the provisions of this arti- cle only under one or more of the fol- lowing conditions: (1) Applicant made any false statement of substance in his application for a chauffeur's license. ( 2) ( 3) ( 4) ( 5> Knowingly engaged in the sale <2> or intoxicating liquors, directly or indirectly, while serving as a driver or a taxi- cab. Knowingly engaged in the trans-<3> portation or any known criminal, narcotic peddler, prostitute or bootlegger in the furtherance or a crime, or knowingly and inten- tionally aided in the infraction or the criminal laws or the state or a criminal ordinance or the city. Acted in any manner as a pimp <4> for prostitutes or as a con- tact man for bootlegers, or as a contact man for any unlawful establishment or any character. Shall be round guilty or any <5> court or more than two <2> moving violations within a twelve (12> month period. ( 6) Applicant knowingly aided, abetted or otherwise engaged in the sale or attempted sale or intoxicating liquors, while performing the duties or a taxicab driver or while utilizing his city chauf- feur's license, either on or orr duty. Applicant knowingly aided, abetted or otherwise engaged in the soli- citation or transportation or any persons convicted or any felony or any offense involving moral turpi- tude, or any offense involving the violation or the Texas Penal Code or the Texas Controlled Substances Act or the Texas Alcohol Beverage Code or any city ordinances gov- erning prostitution or adult en- tainment enterprises. Applicant acted in any manner to aid, abet or otherwise solicit for prostitutes or any other illegal activity or establishment or any nature. Applicant shall be round guilty or nolo contendre by any court or more than two (2) moving traffic violations within a twelve C12> month period. The chief or police otherwise dis- qualified an applicant for a city chauffeur's license pursuant to Art. 6252-13c, V. T. C. S., either in the matter or suspension, revoca- tion, or denial or a license or denial or renewal or license. Section 27-29. I£ a licensing authority, pursuant to Art. 6252-13c, suspends or revokes a valid license or denies an applicant a license or the opportunity to be examined for a license because or the applicant's prior conviction or a crime and the relationship or the crime to the license, the licensing authority shall notify the applicant in writing: .. Sectjon 27-30. (1) or the reasons for the suspension, revocation, denial, or disqualifi- cation; (2) or the review procedure provided by Section 27-30 or this article; and, (3) or the earliest date that the person may appeal. In the event an applicant is refused a license because of his prior convic- tion or a crime and the relationship of the crime to the license, pursuant to Art. 6252-13c, V. T. C. S., the chief or police shall notify the applicant by certified mail, return receipt re- quested, or the following procedure: (1) A person whose license has been suspended or revoked or who has been denied a license or the opportunity to be examined for a license by a licensing authority, who has exhausted administrative appeals, may file an action in a district court or the county in which the licensing authority is located for review or the evidence presented to the licensing authority and its deci- sion. (2) The person must begin the judicial review by filing a petition with the court within 30 days after the licensing authority's decision is final and appealable. THE STATE OF TEXAS COUNTY OF LUBBOCK M-2138 Before me DorothY Rur.se II a Notary Public in and for Lubbock Countv. Texas on this dav personally appeared Tt.tila Aufill• Account Manal!er of the S~uthwestern Newsp~­ pers Corporation. publishers of the Lubbock Avalanche-Journal -Morning. Evening and Sunday. who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this _....:!L!::.:e:..l!=l....:l__.::N.::.;o~t-=1-=c:..::e:..._ _________ _ ------.,...----,-~,........,,...,..---No. 592026 at Lubbock County. Texas and the attached print- ed copy of the Lel!al Notice is a true copy of the original and was printed in the Lubbock Avalanche-Journal on the following dates: June 29 • · J U I Y 6 • 1985 464 Words @ 70t Per t.tord = $324.80 Account Manal!er LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation FORJ\158-10 ' .. . ..