§ 5-6-5. City chauffeur's license.

(A)

City chauffeur's license required: It shall be unlawful for any person to drive any taxicab, limousine, or motorbus engaged in the business of transporting passengers upon or over any street within the corporate limits of the City without first having obtained from the Chief of Police a city chauffeur's license.

(B)

Driver regarded as agent of operating certificate holder: Every person who drives or operates a taxicab, limousine or motorbus which is authorized to operate within the City shall be regarded as an agent, representative, and employee of the holder of the operating certificate under which that taxicab, limousine or motorbus operates. Any other contractual or other type of relationship between the driver of a taxicab and the operating certificate holder shall be irrelevant for purposes of this Code.

(C)

Regulations governing employment of drivers: Every person operating a taxicab business, limousine service, or motorbus service in the City shall employ as drivers of their vehicles only persons who are physically and mentally fit and able to operate a motor vehicle for hire, and also furnish to the City a valid state driver's license. It shall be the full responsibility of the operator of the business to select and employ drivers who are qualified for taxicab service, limousine service, or motorbus service, who can read and write the English language, who are familiar with the streets and addresses in the City and who are morally acceptable for such public service. The continued employment or contractual retention by an operating certificate holder of any person as a driver, when that person is a known criminal, or whose record as the driver of a motor vehicle, as reflected by official police and court records, shows a lack of mental, emotional, moral, or temperamental capacity to be a safe and reliable driver, or of any person who violates this Code more than three times within any given year, or commits two violations in a 90-day period, or a major safety violation, will be taken into consideration by the city manager or City Council when it is requested to grant, renew, or revoke any operating certificate to operate a taxicab service in the City. Every operator of a taxicab business or service is charged with the knowledge of the police and court records of all drivers in his employ or contractual retention and no such operator shall employ or retain a contract with any person, as a driver, who frequently violates laws relevant to the operation of taxicabs, limousines, or motorbuses.

(D)

Application; fee: Before obtaining a city chauffeur's license, the applicant shall make a written, signed application to the Chief of Police, accompanied by a fee of $25.00, payable to the City. Such application shall contain the following information:

1.

The full name, age, place of birth, and present residential and business addresses of the applicant;

2.

The name of the operating certificate holder for whom the applicant proposes to be employed;

3.

The length of the residence of the applicant in the City and the state, and whether the applicant is a citizen of the United States;

4.

A full personal description of the applicant, including age, height, weight, race, color of eyes, complexion, color of hair, body and facial marks and defects, if any, and a photograph, both front and side views (photograph to be furnished by police department);

5.

The experience, if any, that the applicant has had as a driver of a motor vehicle;

6.

Whether applicant has been charged with or convicted of any felony or misdemeanor, and if so, full information concerning each;

7.

Whether applicant has been convicted of any violation of any law in the operation of motor vehicles, and if so, full information concerning each;

8.

If the applicant has previously been convicted of a criminal offense, including a misdemeanor charge of driving while intoxicated but not including other misdemeanor offenses related to the operation of a motor vehicle, any recommendations of the prosecution, law enforcement, and correctional authorities that the applicant desires to submit with the application;

9.

If the applicant has previously been convicted of a criminal offense, including a misdemeanor charge of driving while intoxicated and including other misdemeanor offenses related to the operation of a motor vehicle, any proof in such form as may be required by the Chief of Police that the applicant has maintained a record of steady employment, has supported his or her dependents, and has otherwise maintained a record of good conduct and has paid all outstanding court costs, supervision fees, fines, and restitution as may have been ordered in all criminal cases in which he or she has been convicted;

10.

Each applicant for registration as a taxicab, limousine, or motorbus driver shall submit to records division, a CCH, as herein provided. Every applicant shall be photographed so as to show clearly the head and facial features of applicant, and such photograph shall be securely affixed to the certificate of registration issued to the applicant by the Chief of Police on the first application of a taxicab, limousine, or motorbus driver. If the driver's local criminal history is clear and the driver shows adequate proof that the driver has submitted the application for the CCH, and all other ordinance requirements fulfilled, the driver shall be issued a temporary permit that is good for up to 45 days. The temporary permit shall expire on notice that the CCH shows criminal history that is not permitted or for violation of any provisions of this ordinance that required suspension, or at the end of the 45-day period, whichever is first. If the CCH is clear and not in violation of this ordinance, and all other requirements have been complied with, the City shall issue a certificate of registration for the remainder of the one-year period. On a renewal of permit, where a CCH has been provided, the records division shall do a local criminal history only and a CCH shall not be required. Permitted drivers shall be furnished proof of the current permitted status so that it can be displayed by the driver at any time when operating a taxicab, limousine, or motorbus;

11.

An application shall not be deemed complete, and the Chief of Police shall not be required to consider an application, until all of the information and documents described above have been submitted.

(E)

Applicant must have state driver license: No person shall be issued a city chauffeur's license unless he first produces a valid driver license issued to him by the State of Texas.

(F)

Investigation and determination of applicant's fitness: The Chief of Police shall make or cause to be made such investigation of the character, experience, and qualifications of an applicant desiring a city chauffeur's license as may be deemed consistent and judicious; and he shall determine whether the applicant is fit and qualified to drive and operate a taxicab within the corporate limits of the City in a manner consistent with the welfare of the public. The Chief of Police is authorized to issue a temporary permit not to exceed 45 days permitting the applicant to drive a taxicab, limousine, or motorbus vehicle pending final decision on his application. The Chief of Police shall make his determination within ten days of receiving a completed application, or, if a temporary permit is issued within that time, by the day of the expiration of the temporary permit. In determining whether the city chauffeur's license should be granted, rejected, or revoked, the Chief of Police shall consider any record of the applicant for criminal offenses which directly relate to the dealings and responsibility of a taxicab, limousine, or motorbus driver. In determining whether a criminal conviction directly relates to the duties of a taxicab, limousine, or motorbus driver the Chief of Police shall consider:

1.

The nature and seriousness of the crimes;

2.

The relationship of the crime to the purposes for requiring a city chauffeur's license;

3.

The extent to which a city chauffeur's license might offer an opportunity to engage in further criminal activity of the same type as that which the applicant previously had been involved;

4.

The relationship of the crime to the ability, capacity, or fitness required to perform the duties of a taxicab, limousine, or motorbus driver;

5.

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

6.

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

7.

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

8.

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

9.

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

10.

Other evidence provided by the applicant of the applicant's present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the person; the sheriff and Chief of Police in the community where the applicant resides; and any other person in contact with the convicted applicant;

11.

Further, the city chauffeur's license provided for hereinabove may be denied or suspended or revoked for any of the following reasons, in the discretion of the Chief of Police:

(a)

Driver not at least 18 years of age;

(b)

Fail to possess a valid State of Texas driver's license;

(c)

Fail to be a citizen of the United States or an alien admitted for permanent residence or so has otherwise been granted employment authorization by the United States Immigration and Naturalization Service;

(d)

Fail to exhibit a proficiency with the English language so as to be able to comprehend and interpret traffic signs, issue written receipts to passengers, and obey lawful order of police and others in lawful authority;

(e)

Convicted of a crime that directly relates to the duties and responsibilities of the licensed occupation as provided in Tex. Occ. Code Ann § 53.001 et seq. Upon a licensee's felony conviction, felony probation revocation, revocation or parole, or revocation of mandatory supervision, his/her license shall be revoked. Any suspension, revocation or denial for reasons of criminal background shall be subject to the procedures set forth in Tex. Occ. Code Ann § 53.051 et seq.;

(f)

Fail to wear "proper clothing" while operating a vehicle for hire. As used herein, the term "proper clothing" shall mean shoes, pants to ankle length or skirt or dress, dress shorts and shirt or blouse with sleeves and collar. If a hat is worn, it shall be a baseball-style cap or a chauffeur's cap. Clothes shall not be visibly soiled;

(g)

Continue to smoke, or play a radio or tape player or use profanity, if objected to by a passenger;

(h)

Fail to provide the police with notice of any change of address within five days of such change, and failure to have such information changed on the Texas driver's license;

(i)

Mental incompetence to a degree that the person is not held responsible for criminal actions in a court of law or is not competent to stand trial;

(j)

A violation of any provision of this article by the driver;

(k)

Any false or misleading statement made by the applicant for registration on the written application.

(G)

Notwithstanding 5-6-5(F), the Chief of Police may allow such investigation of a driver desiring a city chauffeur's license to be conducted by the company seeking to employ said driver, provided that the company shall:

(1)

Provide to the Chief of Police a written request to conduct such investigation and the company's certification that such investigation will comply with the requirements set forth in [Subsection] 5-6-5(F);

(2)

Conduct a background check of the driver utilizing the driver's personal information in national, multi-state, and local databases for criminal convictions. Such databases are to include, but are not limited to, the National Sex Offender Registry and National Criminal Search;

(3)

Verify the results of the criminal background check upon identifying a potential criminal record of the driver;

(4)

Refuse to employ said driver if such investigation yields any result that would prohibit a driver from obtaining a city chauffeur's license under this chapter; and

(5)

Provide the Chief of Police with an annual written certification that any and all driver investigations conducted by the company comply with all requirements set forth in [Subsection] 5-6-5(F) and that each and every driver employed by the company passed a background check that complies with the requirements of this chapter and remains in good standing. Upon request from the Chief of Police, a company shall provide sufficient supporting documentation demonstrating that any and all driver investigations conducted by the company were done in conformance with this section.

If the company does not elect to perform an investigation or does not comply with the requirements set forth above for conducting such investigation of a driver seeking to obtain a city chauffeur's license, the Chief of Police shall conduct the investigation pursuant to [Subsection] 5-6-5(F) and shall conduct any and all future investigations for all prospective drivers of the company.

(H)

Applicant to be photographed: All applicants for a city chauffeur's license must have their picture taken by the police department's records section, with a copy of this photograph to be used as part of the identification of the driver as further specified in this section.

(I)

Issuance of city chauffeur's license: If the applicant for a city chauffeur's license has complied with all of the requirements of this chapter, 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.

(J)

License must be carried and exhibited: The city chauffeur's license issued by the Chief of Police, shall be effective for a period of one year from the date of issuance and shall be carried on the person of the taxicab, limousine, or motorbus driver at all times while engaged in the business of carrying passengers for hire. A placard showing a picture of the driver with his name, address, and city chauffeur's license number must be exhibited in the vehicle at all times.

(K)

Renewal of city chauffeur's license: A city chauffeur's license may be renewed annually by filing a new application and remitting payment of $25.00. Renewal may be refused for any reason the original application could have been rejected. New photographs will be required to be taken every five years, or at any time that the driver's appearance significantly changes.

(L)

Revocation of city chauffeur's license: In addition to any other penalty provided by this Code, a city chauffeur's license may be revoked by the Chief of Police after finding that the holder of the license has done or engaged in any of the following acts, which the Chief of Police shall consider in relation to the factors enumerated in Subsection 5-6-5(D) of this Chapter:

1.

Made any false statements in his application for a city chauffeur's license;

2.

Knowingly engaged in the sale of intoxicating liquors, directly or indirectly, while serving as a driver of a taxicab, limousine, or motorbus;

3.

Consumed any intoxicating beverage while in a taxicab, limousine, or motorbus, or while on duty as a driver of one of these vehicles;

4.

Been found guilty of driving while intoxicated by any court of competent jurisdiction while this license is in effect;

5.

Knowingly engaged in the transportation of any known criminal, narcotic peddler, prostitute, or bootlegger in the furtherance of a crime, or knowingly and intentionally aided in the infraction of the criminal laws of this City or state;

6.

Acted in any manner as a pimp for prostitutes or as a contact man for bootleggers, or as a contact man for any unlawful establishment of any character;

7.

Have been convicted by any court of more than three moving traffic violations within a 12-month period;

8.

Shall have knowingly charged any passenger a fare in excess of the rates allowed by this chapter;

9.

Has been convicted of a misdemeanor or felony for which the original applicant would have otherwise been denied.

(M)

Surveillance and enforcement by police: Every police officer of the City has authority to watch and observe the conduct of holder of taxicab, limousine, or motorbus franchises and drivers operating under this chapter. Upon discovering a violation of the provisions of this chapter, every such officer shall take immediate steps to enforce the law, either by arrest or by report to proper officials. Specific instructions in this connection shall be delivered to every police officer of the City under the direction of the Chief of Police. Police officers are further authorized to stop and inspect any taxicab, limousine, or motorbus and any driver of such a vehicle in the City or Midland International Air and Space Port to insure compliance of the vehicle and driver with this chapter of the City Code. Such authority shall be accepted by the operator and the driver as a conditions for the franchise and driver certification. In the event that a driver refuses to stop or to permit such inspection, such refusal shall constitute an immediate abandonment and revocation of the franchise and permit for such vehicle and driver and further operation of such taxicab, limousine, or motorbus or further operation of the vehicle by the driver shall be a violation of this ordinance.

(N)

Procedures upon denial or revocation: Any person whose city chauffeur's license is denied or revoked by the Chief of Police may appeal that denial or revocation to the city manager, which appeal must be filed in writing with the city manager not later than ten days of receipt of notification of the order of denial or revocation. Upon denying or revoking a license, the Chief of Police shall inform in writing the person affected of the reasons for denial or revocation, the earliest date and the manner in which that person may appeal such denial or revocation, and the person's rights of review pursuant to Tex. Occ. Code Ann § 53.001 et seq.

(Ord. No. 9577 , § 5, 6-28-2016)