ARTICLE III CITY CHAUFFEUR’S LICENSE

To qualify for a city chauffeur’s license, an applicant shall:

Be at least twenty-one (21) years of age;

Be currently authorized to work full-time in the United States;

Hold a valid driver’s license issued by the state;

Be able to communicate in the English language;

Not be afflicted with a physical or mental disease or disability that is likely to prevent the applicant from exercising ordinary and reasonable control over a motor vehicle or that is likely to otherwise endanger the public health or safety;

Not have been convicted of more than four (4) moving traffic violations arising out of separate transactions, or been involved in more than two (2) automobile accidents in which it could be reasonably determined that the applicant was at fault, within any twelve (12) month period during the preceding thirty-six (36) months;

(7)

Not have ever been convicted or placed on probation or deferred adjudication for a crime:

Involving:

Criminal homicide as described in chapter 19 of the Texas Penal Code;

Kidnapping as described in chapter 20 of the Texas Penal Code;

A sexual offense as described in chapter 21 of the Texas Penal Code;

An assaultive offense as described in chapter 22 of the Texas Penal Code, other than a Class C misdemeanor;

Robbery as described in chapter 29 of the Texas Penal Code;

Burglary as described in chapter 30 of the Texas Penal Code;

Theft as described in chapter 31 of the Texas Penal Code, but only if the violation is punishable as a felony; or

Criminal attempt to commit any of the offenses listed in section 27-31(a)(7) of this chapter.

(8)

Not have been convicted or placed on probation or deferred adjudication for a crime:

Involving:

Fraud as described in chapter 32 of the Texas Penal Code;

Tampering with a governmental record as described in chapter 37 of the Texas Penal Code;

Public indecency (prostitution or obscenity) as described in chapter 43 of the Texas Penal Code;

The transfer, carrying, or possession of a weapon in violation of chapter 46 of the Texas Penal Code, but only if the violation is punishable as a felony;

A violation of the chapter 483, Dangerous Drugs, of the Texas Health and Safety Code that is punishable as a felony;

A violation of the Controlled Substances Act, chapter 481 of the Texas Health and Safety Code that is punishable as a felony; or

Criminal attempt to commit any of the offenses listed in section 27-31(a)(8)of this chapter;

For which:

If the applicant was convicted for a misdemeanor offense, less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date;

If the applicant was placed on probation or deferred adjudication for a misdemeanor offense, less than two (2) years have elapsed since the date of successful completion of probation or deferred adjudication;

If the applicant was convicted for a felony offense, less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction or the date of release from parole, whichever is the later date;

If the applicant was placed on probation or deferred adjudication for a felony offense, less than five (5) years have elapsed since the date of successful completion of probation or deferred adjudication;

Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if, within any twenty-four (24) month period, the applicant has two (2) or more convictions of any misdemeanor offense or combination of misdemeanor offenses; or

Less than five (5) years have elapsed since the date of the successful completion of probation or deferred adjudication for the last offense, whichever is the later date, if, within any twenty-four (24) month period, the applicant has been placed on probation or deferred adjudication two (2) or more times for any misdemeanor offense or combination of misdemeanor offenses;

(9)

Not have been convicted of, or discharged by probation or deferred adjudication for, driving while intoxicated or driving under the influence:

Within the preceding twelve (12) months; or

More than one (1) time.

(10)

Not be addicted to the use of alcohol or narcotics;

(11)

Be subject to no outstanding warrants of arrest;

(12)

If applicable, have a valid contract with or be currently employed by a holder.

An applicant who has been sentenced for an offense listed in section 27-31, for which the required time period provided by this chapter has elapsed, may qualify for a taxicab driver’s license only if the director determines that the applicant is presently fit to engage in the occupation of a taxicab driver. In determining present fitness under this section, the director shall consider the following:

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

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

The amount of time that has elapsed since the applicant’s last criminal activity;

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

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

Other evidence 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 applicant; the sheriff and chief of police in the community where the applicant resides; and any other persons in contact with the applicant.

It is the responsibility of the applicant, to the extent possible, to secure and provide to the director the evidence required to determine present fitness under subsection (b) of this section.

(Ordinance O-19-032, sec. 3, adopted 9/5/19)

§ 27-32 Investigation of application.

For the purpose of determining qualification under section 27-31 the director shall require an applicant for a city chauffeur’s license to submit to a physical examination, at the applicant’s expense, conducted by a licensed physician and to furnish to the director a statement from the physician which certifies that the physician has examined the applicant and that in the physician’s professional opinion the applicant is qualified under section 27-31.

The police department shall investigate each applicant and furnish the director a report concerning applicant’s qualification under section 27-31.

The director may conduct such other investigations, as he considers necessary to determine whether an applicant for a city chauffeur’s license is qualified pursuant to the requirements provided for herein.

(Ordinance O-19-032, sec. 3, adopted 9/5/19)

§ 27-33 Issuance and denial.

If the director determines that an applicant is qualified, the director shall issue a license to the applicant.

The director shall delay until final adjudication the approval of the application of any applicant who is under indictment for or has charges pending for:

Any offense listed in section 27-31 or criminal attempt to commit any of those; or

Any offense involving driving while intoxicated.

The director may deny the application for a city chauffeur’s license if the applicant:

Is not qualified under section 27-31;

Refuses to submit to or does not pass a medical or written examination authorized under section 27-31; or

§ 27-34 Expiration of city chauffeur’s license; voidance upon suspension or revocation of state driver’s license.

Makes a false statement of a material fact in his application for a city chauffeur’s license.

(d)

If the director determines that an application should be denied, the director shall notify the applicant in writing that his application is denied and include in the notice the reason for denial and a statement informing the applicant of his right of appeal in accordance with section 27-40 of this chapter.

(Ordinance O-19-032, sec. 3, adopted 9/5/19)

A city chauffeur’s license expires one (1) year from the date of issuance.

§ 27-35 Identification card requirements for vehicle for hire drivers.

If a licensee’s state driver’s license is suspended or revoked by the state, his city chauffeur’s license automatically becomes void. A licensee shall notify the city secretary and the holder for whom he drives within three (3) days of a suspension or revocation of his driver’s license by the state and shall immediately surrender his city chauffeur’s license to the city secretary.

(Ordinance O-19-032, sec. 3, adopted 9/5/19)

After the director has verified an applicant’s fingerprints and authorized the issuance of a city chauffeur’s license, the city secretary shall issue two (2) identification cards to the applicant.

One (1) card shall contain the facial view photograph of the applicant. The card shall be displayed in a place conspicuous to passengers inside the taxicab at all times and shall include the following statement: TO THE PASSENGER OF THIS VEHICLE FOR HIRE: If the description of the driver of this vehicle does not conform to the photograph hereon, please leave the cab and notify the Brenham Police Department immediately, giving the number of this vehicle and the name of the vehicle for hire company.

The other card shall be displayed conspicuously by the driver on his/her upper body clothing when operating a vehicle for hire.

(Ordinance O-19-032, sec. 3, adopted 9/5/19)

§ 27-36 Duplicate license.

If a city chauffeur’s license is lost or destroyed, the city secretary shall issue the licensee a duplicate license upon payment to the city of ten dollars ($10.00).

(Ordinance O-19-032, sec. 3, adopted 9/5/19)

§ 27-37 Display of license.

A taxicab driver shall allow the director, his delegated representative, passenger, or a peace officer to examine the driver’s city chauffeur’s license upon request.

(Ordinance O-19-032, sec. 3, adopted 9/5/19)

§ 27-38 Suspension by director.

If the director determines that a licensee has failed to comply with this chapter or a regulation established under this chapter, he may suspend the taxicab driver’s license for a period of time not to exceed three (3) days by serving the licensee with a written notice of the suspension. The written notice must include the reason for suspension, the date the suspension begins, the duration of the suspension, and a statement informing the licensee of his right of appeal.

A suspension under this section may be appealed to the director if the licensee requests an appeal at the time notice of suspension is served. When an appeal is requested, the suspension may not take effect until a hearing is provided.

§ 27-39 Suspension and revocation of chauffer’s license.

The director may order an expedited hearing under this section, to be held as soon as possible after the licensee requests an appeal. The director may affirm, reverse, or modify the suspension order. The decision of the director is final.

(Ordinance O-19-032, sec. 3, adopted 9/5/19)

If the director determines that a licensee has failed to comply with this chapter or a regulation established under this chapter, the director may suspend the driver’s city chauffeur’s license for a definite period of time not to exceed sixty (60) days.

If at any time the director determines that a licensee is not qualified under this chapter or is under indictment or has charges pending for any offense involving driving while intoxicated or any offense involving a crime described in section 27-31(a)(8) or criminal attempt to commit any of those offenses, the director shall suspend the city chauffeur’s license until such time as the director determines that the licensee is qualified or that the charges against the licensee have been finally adjudicated.

A licensee whose city chauffeur’s license is suspended shall not drive a taxicab inside the city during the period of said suspension.

(d)

The director shall notify the licensee and the holder in writing of a suspension under this section and include in the notice the reason for the suspension; the date the director orders the suspension to begin, the duration of suspension and a statement informing the licensee of a right of appeal. The period of suspension begins on the date specified by the director.

(e)

The director may revoke a city chauffeur’s license if the director determines that the licensee:

Operated a taxicab inside the city during a period in which the city chauffeur’s license was suspended;

Made a false statement of a material fact in an application for a city chauffeur’s license;

Engaged in conduct that constitutes a ground for suspension and received either a suspension in excess of three (3) days or a conviction for violation of this chapter, two (2) times within the twelve (12) month period preceding the occurrence of the conduct or three (3) times within the twenty-four (24) month period preceding the occurrence of the conduct;

Engaged in conduct that could reasonably be determined to be detrimental to the public safety;

Used, possessed, or was under the influence of any form of alcoholic beverage or narcotic, or drug while on duty as a driver of a vehicle for hire, whether or not such drug or narcotic is defined as a dangerous drug or as a controlled substance under state or federal law; or

Was convicted of any felony offense while holding a city chauffeur’s license.

(f)

A person whose city chauffeur’s license is revoked shall not:

Apply for another city chauffeur’s license before the expiration of twelve (12) months from the date the director revokes the license or, in the case of an appeal, the date the appeal hearing officer affirms the revocation; or

Drive a taxicab inside the city.

(g)

The director shall notify the licensee in writing of a revocation and include in the notice the reason for the revocation, the date the director orders the revocation, and a statement informing the licensee of his right of appeal.

(h)

After receipt of notice of suspension, revocation, or denial of license renewal, the licensee shall, on the date specified in the notice, surrender his city chauffeur’s license to the city secretary and discontinue driving a taxicab inside the city.

(i)

Notwithstanding subsections (c) and (h), if the licensee appeals the suspension or revocation under this section, the licensee may continue to drive a taxicab pending the appeal unless:

The city chauffeur’s license of the licensee is suspended pursuant to subsection (b) or revoked pursuant to subsection (e)(6) of this section; or

The director determines that continued operation by the licensee would impose an immediate threat to public safety.

(Ordinance O-19-032, sec. 3, adopted 9/5/19)

§ 27-40 Appeal.

A person may appeal the following decisions of the director if he requests an appeal in writing and delivers it to the city secretary’s office not more than ten (10) business days after receiving notice of the director’s action:

A denial of an application for a permit;

A suspension or revocation of a permit;

A denial of renewal of annual permit;

Denial of a city chauffeur’s license application;

Suspension of a city chauffeur’s license; or

Revocation of a city chauffeur’s license.

The city manager or his designated representative shall act as the appeal hearing officer in an appeal hearing under this section. The hearing officer shall give the appealing party an opportunity to present evidence and make argument in his behalf. The formal rules of evidence do not apply to an appeal hearing under this section, and the hearing officer shall make his ruling on the basis of a preponderance of the evidence presented at the hearing.

The hearing officer may affirm, modify, or reverse all or part of the action of the director being appealed. The decision of the hearing officer is final.

(Ordinance O-19-032, sec. 3, adopted 9/5/19)

§ 27-41 Falsifying of a license.

A person commits an offense if he:

Forges, alters, or counterfeits a city chauffeur’s license, badge, sticker, or emblem required by law; or