Sec. 36-54. Permit denial, suspension, revocation, and appeal procedures.
A.Any pedicab owner permit or pedicab operator permit may be denied, suspended, or revoked by the Police Chief on the following grounds:
1.The driver or owner fails to comply with the insurance requirements of this article;
2.The driver has been convicted of assault; battery; resisting arrest; any felony involving force and violence; any misdemeanor or felony reckless driving or driving under the influence offense; or any crime reasonably related to the qualifications, functions, or duties of the passenger transport business or the ability of the driver to safely transport passengers, including a misdemeanor conviction under California Penal Code Section 415 as part of a plea bargain in satisfaction of or substitute for an original charge of any of those listed above, unless five years have elapsed from the date of discharge from a penal institution, or the successful completion of probation for such conviction;
3.The driver has been convicted of a crime that requires registration under the California Penal Code as a sex offender;
4.The driver violates traffic laws of the City or of the State;
5.The driver or owner has knowingly made a false statement of material fact, or knowingly failed to state a material fact in the application process for the operating permit;
6.The driver has engaged in activity that, in the judgment of the Police Chief, constitutes a serious threat to public health, safety, or welfare, including, but not limited to, receiving a report from a law enforcement agency that the pedicab or operator was at fault in a vehicle or pedestrian accident involving a pedicab, resulting in injuries;
7.The driver fails to maintain a valid California driver’s license, including having his or her driving privilege suspended or revoked by the Department of Motor Vehicles;
8.The driver fails to notify the Police Chief when there has been a change in his or her driver’s license status.
B.A denial, revocation, or suspension shall become effective at the end of the appeal period and, if an appeal is requested, the action shall be stayed pending the decision of the Appeals Hearing Board.
C.Any person who has been denied a pedicab permit or any person whose pedicab permit has been suspended or revoked may request a hearing before the Appeals Hearing Board. The request for hearing must be made in writing and must be made within 10 calendar days from the date of the decision to deny, suspend, or revoke the permit. If no request is made within this time period, the Police Chief’s notice of denial, revocation, or suspension shall become final and shall be effective immediately. Upon receiving a written request for hearing, the Secretary for the Appeals Hearing Board shall set a hearing date, which shall occur no later than 45 days from the date of the request for hearing. The Secretary shall set forth in writing and send to the applicant or permittee, by means of registered mail, certified mail, or hand delivery, notice of the date, time, and place of the hearing at least five calendar days before the hearing. The Appeals Hearing Board shall consider any written or oral evidence presented to determine whether the denial, suspension, or revocation was in accordance with applicable laws. Formal rules of evidence shall not apply; any relevant evidence may be admitted if it is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Within a reasonable time following the conclusion of the hearing, the Appeals Hearing Board will issue a written decision, which shall be mailed to the applicant or permittee. The decision of the Appeals Hearing Board shall be final. (Ord. 3597 § 8, 2019)