§ 162-63. Revocation and suspension.

(a)

Upon a finding of due cause, as provided in subsection (b) of this section, the mayor or the mayor's designee shall have the authority to revoke or suspend any CPNC for a vehicle for hire issued by the city.

(b)

Due cause for the revocation or suspension of a CPNC shall include but shall not be limited to the following:

(1)

The failure of the CPNC holder to maintain any and all of the general qualifications applicable to the initial issuance of the CPNC as set forth in sections 162-57 and 162-58.

(2)

Obtaining a CPNC by providing false information.

(3)

Violation of any section of this article.

(4)

If the holder of the CPNC has knowledge or in the exercise of reasonable care should have had knowledge of the violation of a driver who is affiliated with the CPNC holder of any of the following offenses:

a.

Driving under the influence of intoxicating beverages or drugs.

b.

Criminal homicide, rape, aggravated battery, mayhem, burglary, aggravated assault, kidnapping, robbery, child molestation, criminal solicitation to commit any of such, criminal attempt to commit any of such or possession, sale or distribution of narcotic drugs, barbituric acid derivatives or central nervous system stimulants, if such violation is related to the operation of a vehicle for hire or violation of any section of this Code or other ordinance of the city governing the conduct of drivers of vehicles for hire.

(c)

No CPNC issued by the city shall be revoked or suspended except upon a finding of due cause as defined in subsection (b) of this section and after a hearing and upon a prior five-day written notice to the CPNC holder stating the place, date, time and purpose of such hearing and setting forth the charge upon which the hearing shall be held. The hearing shall be held within 15 days of the date the notice is issued.

(d)

A panel of duly appointed hearing officers shall conduct the hearings and report its conclusions and recommendations to the mayor or the mayor's designee. The mayor or the mayor's designee, upon receiving the report, may revoke or suspend any CPNC. In lieu of suspension or revocation, the mayor or the mayor's designee may impose a fine upon any CPNC holder, such fine not to exceed $1,000.00 for each violation. The maximum period of suspension of a CPNC shall be 12 months.

(e)

After revocation of a CPNC pursuant to subsection (b)(2) of this section, no application for a CPNC shall be accepted or considered for a period of 36 months from the date of revocation.

(f)

For due cause, for a violation of this article which results in a situation in which continued operation by the CPNC holder endangers the health, welfare or safety of the public, the mayor or the mayor's designee may suspend any CPNC under this section. Such immediate temporary suspension may be done upon summary consideration of facts that indicate due cause and of facts that indicate an immediate danger. Notice of the temporary suspension shall be given immediately to the CPNC holder stating the facts upon which the suspension is based and stating the time and place of a full hearing as provided in subsections (c) and (d) of this section.

(g)

Whenever any person holding a CPNC is convicted of or pleads guilty to or pleads nolo contendere to any of the following offenses in any court, such disposition shall constitute due cause for suspension, revocation or a fine in accordance with subsections (b), (c) and (d) of this section: driving under the influence of intoxicating beverages or drugs, criminal homicide, rape, aggravated battery, mayhem, burglary, aggravated assault, kidnapping, robbery, child molestation, criminal solicitation to commit any of such, criminal attempt to commit any of such, or possession, sale or distribution of narcotic drugs, barbiturate acid derivatives or central nervous system stimulants.

(Code 1977, § 14-8007; Ord. No. 1995-37, § 11, 7-11-95; Ord. No. 2015-35(15-O-1250), § 2, 6-24-15 ; Ord. No. 2015-45(15-O-1361), § 2, 9-17-15 )