No person shall drive a vehicle for hire or be hired or permitted to do so unless they are a duly licensed driver by the State of Illinois and hold a valid City-issued driver's permit.
A.
An application for a vehicle for hire driver's permit shall be made upon forms provided by the City Clerk. Each application shall be signed and verified by the oath or affirmation of the applicant. Such application shall be submitted and filed with the City Clerk after payment to the City of an application fee as set forth in the Schedule of Fees. The application shall contain the following information, documents, and statements:
(1)
The name, date of birth, and address of the applicant;
(2)
The names and addresses of four persons who have known the applicant for a period of at least four years and who will vouch for the sobriety, honesty, and general good character of the applicant;
(3)
A copy of the applicant's driver's license;
(4)
Whether the applicant's driver's license has ever been suspended or revoked by any governmental body in or outside of the State of Illinois, and if so, the reason therefor;
(5)
The number and nature of moving traffic violations committed by the applicant;
(6)
A concise history of the applicant's employment;
(8)
Convictions of the applicant of any felony in any jurisdiction. For each such conviction, the applicant must detail the charge, jurisdiction, and date of conviction; and
(9)
Whether the applicant has a commercial driver's license (CDL) from the State of Illinois.
B.
At the time the application is submitted, the applicant must consent to and participate in an investigation into their criminal background. Each background check will be completed by the City or another organization approved by the City to perform background checks. The investigation shall include a search of local, state, and federal criminal and driving records, as well as a search of the National Sex Offender Registry database. Said investigation will be done at the expense of the applicant as laid out in the Schedule of Fees.
The City Clerk Department, in partnership with the Chief of Police, or their designee, shall investigate each applicant for a vehicle for hire driver's permit, which may include a review of the application, background check, fingerprinting, and additional information submitted by the applicant, together with such other information as may be needed to assure that the applicant qualifies as a driver under the requirements set forth in this Article.
The City Clerk, upon consideration of the application, shall approve or deny it. Approval of any application may be withdrawn if a police investigation or other information discloses grounds for denial of an application under § 40-305.
The following shall be grounds for denial, nonrenewal, or revocation of a permit to drive a vehicle for hire:
A.
The applicant has a communicable disease of a type likely to be transmitted to a passenger in the normal course of business;
B.
The applicant has an uncorrected impairment, which affects driving ability;
C.
The applicant has not attained the age of 18 years;
D.
The applicant does not have a valid driver's license;
E.
The applicant has a bad driving record, which is defined as a conviction within the last five years of any of the following:
(1)
Manslaughter or reckless homicide resulting from the operation of a motor vehicle;
(2)
Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof or permitting another to drive one's vehicle while under the influence of the same;
(3)
Reckless driving; or
(4)
Failure as the driver of any vehicle to comply with Illinois state law regarding leaving the scene of or failing to report an accident involving property damage or personal injury.
G.
The applicant has been convicted of a felony within seven years of the date of application, or has been released from prison or jail for a felony within seven years of the date of application;
H.
The failure of an applicant to furnish truthful information on the application;
I.
The failure of an applicant to report the occurrence of any felony conviction, regardless of when or where it occurred;
J.
The conviction of the applicant for one or more violations of the provisions of this Chapter; or
K.
The conviction of the applicant of more than three violations in the past three years of the City of Bloomington or the Town of Normal municipal codes.
L.
The failure to hold the appropriate driver's license type or classification as defined in Illinois state law.
A.
If none of the disqualifying factors listed in the preceding Section are present, the Clerk shall be authorized to issue or renew a driver's permit to any qualified applicant. The permit shall contain the name, driver's license number, photograph, date of birth, address, and expiration date of the permit. Such permit shall be in effect for the remainder of the City's fiscal year of May 1 to April 30. Applications for renewal of the annual driver's permit shall be filed with the City Clerk prior to April 1 of the stated fiscal year for which the permit is sought. No person shall be issued a renewed permit who would not qualify for issuance of a new permit under this Article. All fees must be paid prior to the issuance or renewal of any permit.
B.
If an application for the issuance or renewal of a driver's permit is denied, the City Clerk shall issue a written notice of denial, together with findings in support of the denial, to the applicant. In order for an appeal to be considered, a written request for an appeal must be received by the Corporation Counsel within 10 days of the date of the notice of denial. Failure to timely make such a request will waive the right to appeal. The request must be submitted to the office of the City of Bloomington Corporation Counsel, located at 115 East Washington Street, Bloomington, Illinois 61701 or via email to legal@cityblm.org. Upon receipt of a timely written request for a hearing, the Corporation Counsel's office shall schedule a hearing on the appeal in the City of Bloomington Administrative Court and shall send notice of the date and time of a hearing to the applicant. Said hearing shall be set for a date within 30 days of the Corporation Counsel's receipt of the request for an appeal. If, at the appeal hearing, the applicant establishes by a preponderance of the evidence that the denial was based upon incorrect findings, the City Clerk shall issue a permit. If, at such hearing, the denial is found to have been based upon correct findings, or if the applicant fails to prove by a preponderance of the evidence that the findings forming the basis for the denial were incorrect, the denial shall become final. An applicant for a driver's permit whose application is denied shall not be eligible to reapply for a permit for a period of two years from the date of the denial, or from the date of any decision upholding the revocation.
Whenever a driver has lost or destroyed their permit, issued as herein provided, they shall make a request in writing to the City Clerk stating that the same has been lost or destroyed, and the City Clerk shall issue a duplicate copy or substitute thereof upon payment of an amount as set forth in the Schedule of Fees.
Every driver permitted under this Chapter shall post their driver's permit in such a place as to be in full view of all passengers while such driver is operating a vehicle for hire.
A.
In cases where the City Manager reasonably believes that the continued operation of a vehicle for hire permitted driver poses an imminent risk to public health, safety or welfare, the Manager may suspend or revoke the permit immediately. Notice of such suspense or revocation shall be given to the permitted party and to the Bloomington and Normal Police Departments. The notice shall specify the reason for the suspension or revocation, and shall provide the permitted driver with the right to request an appeal of the suspension or revocation, provided an appeal is requested no later than five days from service of the notice of suspension or revocation. If an appeal is requested, a hearing shall be held before the City Manager or their designee within 10 days of the date of the notice.
B.
In order to prevail in an appeal, the party appealing the suspension or revocation must show by a preponderance of the evidence that the asserted reason for suspension or revocation is inaccurate.
C.
Service shall be deemed effective sent via email or first class mail to the last known email or postal address of the person. For the purpose of this Chapter, the last known email or postal address shall be the one that has most recently been recorded with the City Clerk Department.
For any violation or noncompliance with this Chapter or of any other law or regulation relating to a person's driving, the City Manager, or their designee, is hereby given the authority to suspend any driver's permit issued under this Chapter for a period of one to 180 days or to revoke any driver's permit. A driver's permit may also be suspended or revoked if a driver no longer qualifies for issuance of a permit pursuant to the criteria set forth in § 40-305 of this Chapter.
A.
Except for emergency suspensions or revocations as provided in § 40-309, any permit holder who receives a notice of revocation or suspension may file an appeal with the City of Bloomington Corporation Counsel. The appeal must be made in writing within 10 days of receipt of the notice of revocation or suspension and shall include a response to the notice. Such response shall include a brief statement addressing the substantive deficiencies cited in the notice and shall set forth the basis for why the permit should not be revoked or suspended. The appeal must be submitted to the office of the City of Bloomington Corporation Counsel located at 115 E. Washington Street, Bloomington, IL 61701 or via email to legal@cityblm.org. The Corporation Counsel's office shall mail or email an appeal hearing notice to the requester containing the hearing date and time set for a hearing before the City Manager, or their designee.
B.
In order to prevail in an appeal, the party appealing the suspension or revocation must show by a preponderance of the evidence that the asserted reason for suspension or revocation is inaccurate.