§ 22-203. Permits required; administrative penalties, revocation, suspension or non-renewal of permits.

(a)

It shall be unlawful for any person to operate a taxicab, limousine, or rideshare vehicle, or other vehicle for hire, to transport or attempt to transport persons from the premises of the airport without obtaining a ground transportation vehicle for-hire permit in accordance with this division, and without paying the fees established therefor.

(1)

Upon conviction by the municipal court, a violation of this subsection shall be punishable by a mandatory fine of no less than $300.00 and no more than $1000.00.

(2)

The language in this code section shall not prohibit the municipal court from imposing a term of imprisonment in the city jail, and or a sentence of probation for a violation of this section in addition to the imposition of the mandatory fine set forth herein.

(b)

(1)

The aviation general manager is authorized to prescribe specific administrative penalties to be assessed against ground transportation vehicle for-hire company permit holders for violations of this chapter. Such administrative penalties shall not exceed $1000.00 per violation. A table of such administrative penalties shall be made available for public notice by the aviation general manager on the Hartsfield-Jackson Atlanta International Airport website and shall be on file with the municipal clerk's office.

(2)

Administrative penalties assessed against ground transportation vehicle for-hire company permit holders for violations of this chapter may include fines, suspension, revocation, or the refusal to renew a ground transportation vehicle for-hire company permit.

(3)

The procedures set forth in chapter 162 of the city of Code of Ordinances, section 162-29, 162-30, and 162-40 regarding the process for appeals of administrative penalties assessed against ground transportation vehicle for-hire company permit holders in accordance with this chapter shall be utilized. Any fines payable in accordance therewith, shall be payable by money order, certified check or cashier's check in the same manner as the fees set forth in section 22-202.1 of this article.

(c)

(1)

Assessment of administrative penalties imposed as a result of a violation of this article may be appealed by filing a written notice of appeal within 14 days of the date of notification of the assessment of such administrative penalty.

(2)

The failure to give notice of appeal within this time period shall constitute a waiver of the right to contest the assessment of penalties or other enforcement decisions.

(3)

In any appeal filed in accordance with this section, the ground transportation vehicle for-hire company permit holder shall be afforded an opportunity for an evidentiary hearing under judicial forms of procedure, after notice of the assessment of such penalties is served in person or by mail.

(4)

The notice of assessment of administrative penalty shall include:

a.

A statement regarding the time, place, and nature of the hearing;

b.

A statement of the legal authority under which, and venue wherein the hearing is to be held;

c.

A reference to the particular provision of this division allegedly violated.

d.

A short and plain statement of the matters asserted including civil penalties assessed.

(d)

In the case of all other permits issued in accordance with this article, the aviation general manager may revoke or suspend temporarily the airport ground transportation service permit granted under this division whenever it shall be determined that the holder of such permit has violated any section of this article, has made any false statement in the application for such permit, has been convicted of a crime affecting the permit holder's capability to provide service, is in default in payment of fees prescribed in section 22-202 or is otherwise in violation of any of the conditions of the permit. However, prior to any revocation or suspension, the aviation general manager shall notify in writing such permit holder that there appear to be grounds for the revocation or suspension of such permit and shall further notify such permit holder that the permit holder may, within five days, present any defense that the permit holder may have to the proposed suspension or revocation of such permit. The notice shall be mailed to the last known address of the permit holder as the address appears in the files of the department of aviation. Such notice shall set forth the grounds upon which the proposed revocation or suspension is predicated.

(Code 1977, § 12-5082; Ord. No. 2016-32(16-O-1468) , § 4, 9-28-16)