§ 10-368. Probation, suspension and revocation.

(a)

The city council shall make probationary, suspend or revoke an operator's license upon the occurrence of any one of the following:

(1)

The licensee fails to operate his taxicab in compliance with all the provisions of this article.

(2)

The inspector finds that the licensee submitted, or caused to be submitted, false or misleading information on his application for a license.

(3)

The licensee ceases to operate any taxicab, during a period of 30 consecutive days, for a minimum of 20 days at least eight hours a day, without having obtained permission for such cessation from the inspector.

(4)

The licensee commits any act with the intent to defraud passengers.

(5)

The city council determines that, in the interest of the public safety and welfare, and pursuant to the provisions of this article, a license should be suspended or revoked.

(6)

Conviction of a felony against this state, or conviction of any offense against another state which would have been a felony if committed in this state.

(7)

Violation of any federal or state law relating to the use, possession or sale of alcoholic beverages or narcotic or barbiturate drugs.

(8)

Addiction to or habitual use of alcoholic beverages or narcotic or barbiturate drugs.

(9)

Violation of any federal or state law relating to prostitution.

(10)

Habitual violations of Motor Vehicle Law in G.S. ch. 20 or city ordinances.

(b)

The city council, may also suspend, revoke or make probationary an operator's license due to acts of drivers, which violate this article.

(c)

No license may be suspended or revoked until the city council has conducted a hearing, unless this division calls for immediate revocation. The holder of the license shall have the right to be present at the hearing and shall be given written notice at least five days in advance of the hearing.

(d)

The licensee shall be notified of the violation and the date and place of the meeting of the city council in writing, which shall be served upon the licensee by certified mail or by a police officer of the city, so that the licensee can show cause, if any, why the license should not be suspended or revoked.

(e)

An operator's license may be suspended under this section for a period not to exceed six months.

(f)

An operator's licensee who has had an operator's license revoked may not apply for an operator's license until December following a period of six months from the date of such revocation.

(g)

If a licensee is placed on probation, any further violation of any of the provisions of this article shall result in the suspension or revocation of the license.

(Ord. No. 1998-46, § 114.27, 12-15-1998)