5.20.110 Denial, suspension, or revocation of license or permit.
A. The transportation inspector shall have the power to suspend or revoke a chauffeur’s license.
1. The transportation inspector shall immediately suspend or revoke a chauffeur’s license if a chauffeur is convicted by a court of competent jurisdiction of an offense set forth in BMC 5.40.030;
2. The transportation inspector shall suspend or revoke a chauffeur’s license upon receipt of evidence sufficient to cause the transportation inspector to conclude that it is more likely than not that a chauffeur is incapable of controlling a motor vehicle safely;
3. The transportation inspector shall deny, suspend, or revoke the chauffeur’s license of any chauffeur failing or refusing to take a drug and/or alcohol test in accordance with BMC 5.20.080.
B. Upon a request by the transportation inspector or on its own initiative, the commission shall have the power to suspend or revoke a taxicab, river taxi, and limousine or bus permit.
1. The commission shall suspend or revoke a taxicab, river taxi, limousine or bus permit upon finding after a hearing that:
a. A permittee has not operated pursuant to the permit for one hundred eighty (180) days in any twelve- (12-) month period; provided, that such failure to operate is not caused by strike, public catastrophe, or other act beyond the control of the permittee but not including insolvency;
b. A permittee has sold or otherwise lost the use of the vehicle which was being operated pursuant to the permit and has failed to replace it within sixty (60) days after the date of such sale or loss;
c. A permittee has failed to make any payments required under this chapter or Chapters 5.30 through 5.50 BMC or to make any payments (including but not limited to business license fees and sales taxes) or remit any fees required by any other provisions of this code;
d. A permittee has submitted a false or misleading inspection report from a designated inspection station;
2. The commission may suspend or revoke a taxicab, river taxi, limousine or bus permit upon finding after a hearing that a permittee has violated any provision of this chapter or Chapters 5.30 through 5.50 BMC. The commission may suspend or revoke a chauffeur’s license upon finding after a hearing that a licensee has violated any provision of this chapter or Chapters 5.30 through 5.50 BMC;
3. The transportation inspector shall immediately suspend or revoke a taxicab, river taxi, limousine or bus permit upon being provided with appropriate notice that a permittee has been convicted by a court of competent jurisdiction of an offense set forth in BMC 5.30.040;
4. The transportation inspector may immediately revoke a permit under this subsection if the transportation inspector determines that continued operation of the permit will result in substantial risk to the public health or welfare. If the transportation inspector revokes a permit based upon such determination, the revocation action shall expire in ten (10) days, unless within this time the commission holds a hearing and determines that a continued emergency revocation is warranted until such time as the commission makes a decision on an appeal to the revocation, should such an appeal be filed by the permittee.
C. The commission may suspend or revoke a dispatch service permit upon a finding after a hearing that:
1. Such dispatch service has not commenced operation within ninety (90) days after issuance of the permit;
2. Such dispatch service has failed to provide dispatch services for a period of ninety (90) consecutive days; provided, that such failure to operate is not caused by strike, public catastrophe or other act beyond the control of the dispatch service other than insolvency; or
3. Such dispatch service does not have a valid radio station license issued by the Federal Communications Commission (“FCC”) or such dispatch service is not in compliance with any terms and conditions imposed on it by the FCC.
D. Violation of any of the terms and conditions of a suspension or revocation imposed by this section is a separate violation.
E. Upon suspension or revocation of a chauffeur’s state driver’s license, their chauffeur’s license shall simultaneously and automatically become void. A chauffeur shall surrender their chauffeur’s license to the transportation inspector and cease operating a regulated vehicle immediately upon suspension or revocation of the chauffeur’s state driver’s license. Such a chauffeur shall not thereafter operate a vehicle for which a chauffeur’s license is required unless they are first issued a new chauffeur’s license in accordance with BMC 5.40.030.
F. A permittee or licensee must surrender their permit or license to the transportation inspector immediately upon suspension or revocation.
G. A permittee or licensee may appeal a suspension or revocation by the transportation inspector to the commission in accordance with BMC 5.20.090. A permittee or licensee may appeal a suspension or revocation by the commission to the Superior Court in accordance with BMC 5.20.090.
H. Unless provided otherwise in this chapter or Chapters 5.30 through 5.50 BMC, a permit or license that is revoked shall become void and revert to the commission. [Ord. 21-21 § 2, 2021; Ord. 15-30 § 2; Ord. 03-10 § 4; Ord. 01-02 § 3.]