No TNC shall operate upon the city streets without having first
obtained an operating permit from the city.
(Ordinance 2016-16 adopted 5/24/16)
An application for an operating permit required under this division
shall be filed with the chief of police, or his designee, upon forms
provided by the city secretary’s office. 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 Texas Secretary of 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 2016-16 adopted 5/24/16)
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 one thousand, five hundred dollars ($1,500.00). 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 2016-16 adopted 5/24/16)
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 2016-16 adopted 5/24/16)
(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 (5) 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) Good
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 article;
(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 (10) business days of the notice of
suspension or revocation. Such appeal will be submitted by delivering
said notice of appeal to the city secretary 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 article, 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 2016-16 adopted 5/24/16)