5.155.070 Qualifications.
(a) Qualifications. A taxicab driver’s license shall only be issued to any person who:
(1) Possesses a valid Kansas driver’s license of the class required to operate a taxicab;
(2) Is the age of 21 years or older;
(3) Within the preceding five-year period does not have a conviction or adjudication under the laws of the United States, this State or any other state, or ordinances of the City or any other city for the following:
(i) Driving under the influence of drugs and/or alcohol;
(ii) Reckless driving;
(iii) Attempting to elude; or
(iv) Adjudged a habitual violator.
For purposes of this section, a diversion granted for any of the offenses enumerated in this section shall be considered as a conviction or adjudication.
(4) Submits a test from a United States Department of Transportation approved drug and alcohol testing program that indicates a negative result for alcohol and each of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations. Said test shall be dated no later than 30 days prior to the license application date. As a condition for license renewal, a driver shall provide written documentation of participation in a United States Department of Transportation approved drug and alcohol testing program;
(5) Has been approved for a license by the Chief of Police as provided herein. The Chief of Police may deny a license application if an applicant:
(i) Has been convicted of a felony involving the sale or distribution of controlled substances, or a crime against persons or property, within 10 years immediately preceding the date of application, or released or discharged from incarceration on probation, parole, post-release supervision or any other form of conditional or unconditional release for such conviction within five years immediately preceding the date of application;
(ii) Against whom a judgment or conviction for fraud, deceit or misrepresentation, or a conviction for theft or a prostitution-related crime has been entered within 10 years immediately preceding the date of application;
(iii) Any other cause that the Chief of Police determines makes the applicant unfit to drive a taxicab.
(b) Temporary License. The City Clerk may issue a temporary license to an applicant who complies with the requirements of subsections (a)(1) through (a)(4) of this section, pending Police Department approval or denial of the license as provided herein. The temporary license shall expire 30 days after its issuance, or upon the approval or denial of the application, whichever occurs first. An applicant shall not be permitted to drive a taxicab if his or her temporary license expires as provided herein, until his or her license application has been approved.
(c) Continuing Qualifications. The requirements of this section shall be continuing in nature. The failure of a license holder to comply with any requirement or qualification herein during the term of a license shall be considered sufficient cause for the suspension and/or revocation of the license.
(d) Appeal to Chief of Police. Upon disapproval of a license application or prior to suspending or revoking a license issued under the article, the Chief of Police shall issue written notice to the applicant or licensee at their last known address of the reasons for the denial or the proposed suspension or revocation and an opportunity for a hearing on the matter. The hearing shall be scheduled for not more than 14 days from the date of the notification, and the applicant or licensee shall be notified of the date, time and location of the hearing. The applicant or licensee may appear in person, or by counsel, or both. The Chief of Police may continue the hearing in his or her discretion. After the hearing, the Chief of Police shall issue an order overturning or upholding the denial, or revoking or suspending the license, or declining to revoke or suspend the license and the reasons therefor. The Chief of Police shall serve a copy of the order on the applicant or licensee. The applicant or licensee shall not be permitted to drive a taxicab during the pendency of the appeal to the Chief of Police. All notices provided herein shall also be provided to the taxicab company that employs or contracts with the applicant or licensee.
(e) Appeal to City Council. Any person who has his or her license denied, suspended or revoked by the Chief of Police may appeal the decision to the City Council by filing a written notice of appeal with the City Clerk within 10 days of receipt of the order denying, suspending or revoking the license. If a timely appeal is filed, the Council shall hold a hearing and the person appealing may present any evidence and be heard with respect to the allegations that resulted in the license denial, suspension or revocation by the Chief of Police. A licensee may, concurrently with appeal of a suspension or revocation, request in writing that imposition of suspension or revocation be stayed pending the outcome of the appeal. If both the notice of appeal and request for stay are timely filed with the City Clerk, imposition of the suspension or revocation shall automatically be stayed, pending the outcome of the appeal. An applicant, who has not previously been issued a license, shall not be permitted to drive a taxicab during the appeal process. The City Council shall either affirm or reverse the license denial, suspension or revocation, or remand the matter to the Chief of Police for further proceedings. (Ord. 18504 § 2, 9-13-05. Code 1981 § 46-82. Code 1995 § 154-103.)