No TNC shall operate upon the city streets without having first obtained an operating permit from the city.
(Ordinance 16-001, sec. 2, adopted 1/12/16)
An application for an operating permit required under this division shall be filed with the chief of police upon forms provided by the city. The application shall contain the following information:
(1) 
The name and business address of the TNC applicant;
(2) 
If a business entity, certified copies of the TNC applicant’s organizational documents, e.g., certificate of organization, articles of incorporation or similar documents as applicable, together with evidence of authorization from the Secretary of the State to conduct business in the state, and current franchise tax account status with the Texas Comptroller;
(3) 
The experience or capabilities possessed by the TNC applicant with regard to using its digital network to connect TNC riders to TNC drivers for prearranged rides; and
(4) 
Any relevant information the TNC applicant believes tend to prove that public convenience and necessity require the granting of an operating permit.
(Ordinance 16-001, sec. 2, adopted 1/12/16)
No operating permit required under this division shall be issued or continued in operation unless the holder thereof has paid an annual license fee of $100.00. The fees shall be paid to the city to compensate the city for its superintendence of the TNC business operated under this article and for the use of the city streets, alleys and public ways.
(Ordinance 16-001, sec. 2, adopted 1/12/16)
If the chief of police determines that the applicant is fit, willing and able to provide the public transportation and to conform to this article, he shall issue an operating permit stating the name and address of the applicant; otherwise, the application shall be denied.
(Ordinance 16-001, sec. 2, adopted 1/12/16)
(a) 
Upon the filing of a written complaint alleging a violation of any of the provisions of this article by a TNC driver or a TNC filed by any person with the chief of police, or upon the person’s motion, the chief of police, after five days’ notice of the grounds of such complaint to the TNC driver or owner or operators of the TNC against whom complaint is made, shall conduct an investigation and, where appropriate, hear evidence with reference to such complaint, and after such hearing, the chief of police may revoke or suspend the operating permit of such holder or require the TNC to revoke said TNC driver’s access to its digital network or platform with good cause shown.
(b) 
Due cause for the suspension or revocation of an operating permit will include, but not be limited to, the following:
(1) 
Failure of the operating permit holder to maintain any and all of the general qualifications applicable to the initial issuance of the permit as set forth in this title;
(2) 
Obtaining an operating permit by providing false information;
(3) 
Violating any ordinance of the city, the laws of the United States or of the state, the violation of which adversely affects the ability of holder to operate as a transportation network company (TNC); or
(4) 
Violating any part of this article.
(c) 
The holder shall have the right to appeal the suspension or revocation to the city council within ten business days of the notice of suspension or revocation. Such appeal will be submitted by delivering said notice of appeal to the city clerk setting forth the specific grounds for the appeal. The city council shall either hear the appeal or appoint a hearing officer to preside over the appeal hearing. Upon receiving such notice of appeal, the city council or hearing officer, as soon as practical thereafter, shall conduct a hearing at which the appealing party will be given an opportunity to present evidence and make argument on the holder’s behalf. It shall be the burden of the appellant to establish that the decision of the chief of police is incorrect. The chief of police shall be entitled to present any information or evidence which would support the chief’s decision. The formal rules of evidence do not apply to an appeal hearing under this section. The city council or hearing officer shall make its ruling on the basis of a preponderance of the evidence at the hearing.
(d) 
The city council or hearing officer shall assess the evidence presented at the hearing and shall affirm, modify or reverse the decision of the chief of police. The decision of the city council or hearing officer is final.
(e) 
If no appeal is taken from the ruling of the chief of police in the time and manner as provided in this title, the ruling of the chief of police shall be final.
(f) 
Any person who continues to operate a TNC under a permit that has been suspended or revoked for any reason while the suspension or revocation is in effect shall be considered guilty of a misdemeanor and upon conviction thereof, shall be assessed a penalty accordingly. Every day’s violation shall be considered to be a separate offense.
(Ordinance 16-001, sec. 2, adopted 1/12/16)