(a) 
The chief of police shall issue a tow rotation list permit to an applicant if he determines that the applicant meets all of the criteria and requirements set forth in part II of this division and has at least one tow truck and at least one employee qualified to operate the tow truck who is available 24 hours a day, 7 days a week.
(b) 
The chief of police shall deny the applicant a tow rotation list permit if:
(1) 
The applicant misstated or omitted a material fact in the application.
(2) 
The applicant failed to submit a fully completed application.
(3) 
The applicant failed to furnish all documents required to be submitted with the application.
(c) 
The chief of police shall provide notice to applicants as to whether the permit has been issued or whether the application has been denied.
(Ordinance 0225, sec. I(4.1), adopted 11/10/15)
(a) 
The chief of police may suspend or revoke a rotation list permit if he determines that:
(1) 
The permit holder gave false or misleading information in the material submitted to the city during the application process.
(2) 
The permit holder allowed such holder’s insurance, as required herein, to be canceled, withdrawn, expired, or terminated.
(3) 
The permit holder’s tow truck permit for incident management towing issued by the state department of licensing and regulation has been suspended or revoked.
(4) 
The permit holder’s certificate of registration for any tow truck has been suspended or revoked, in which case, notwithstanding the above, the chief of police shall suspend approved operations for that tow truck for the remainder of the suspension period levied by the state department of licensing and regulation.
(5) 
The permit holder’s or permit holder’s lessor’s vehicle storage facility license issued by the state department of licensing and regulation has been suspended or revoked.
(6) 
The permit holder has missed more than three (3) rotation calls in a ninety (90) day period. The penalty for this violation shall be suspension from the rotation list for a period of thirty (30) calendar days or the next rotation, whichever is later, for the first violation, and sixty (60) days or the next two rotations, whichever is later, for the second violation in a twelve (12) month period. The chief of police shall have the discretion upon the third such violation by a permit holder in a twelve (12) month period to set a higher suspension period, up to and including revocation of the permit.
(7) 
The permit holder or one of its employees violated any of the required duties under part III of this division, other than response to the scene, which is separately addressed above under subsection (a)(6).
(8) 
The permit holder or one of its employees illegally solicited tow or repair services at a police investigation.
(9) 
The permit holder or one of its employees charged or collected any fees in excess of those allowed by law or this division.
(10) 
The permit holder has established a pattern of conduct causing legitimate consumer complaints, to include but not be limited to complaints regarding damage to towed or stored vehicles, loss of items from towed or stored vehicles, or problems relating to vehicle redemption.
(b) 
If the chief of police determines that grounds exist for suspension or revocation of a permit holder, the chief of police shall immediately issue such order of suspension or revocation and provide notice to the permit holder.
(Ordinance 0225, sec. I(4.2), adopted 11/10/15)
(a) 
The permit holder shall have ten (10) days from the date of receiving the official’s report regarding the revocation or denial in which to file notice of his appeal with the city clerk by filing a written request for an appeal hearing before the mayor or his designee. Failure to timely request a public hearing shall result in a waiver of the right to appeal.
(b) 
If requested, a public hearing shall be held before the mayor or his designee no later than thirty (30) calendar days after the city clerk receives the request. At the end of the public hearing, the mayor or his designee shall render his decision regarding the suspension or revocation. The decision of the mayor or his designee shall be final.
(c) 
A permit holder whose permit has been revoked as provided herein is prohibited from being returned to the rotation list for a period of one (1) year from the effective date of such revocation.
(Ordinance 0225, sec. I(4.3), adopted 11/10/15)