§ 290-9. Suspension, revocation or refusal to renew license., Chapter 290. Taxicabs, Part II. General Legislation, Code of Ordinances, New Rochelle

A taxicab operator's license or taxicab medallion license may be suspended, revoked, or refused to be renewed by the Police Commissioner for the following causes:

(1)

Expiration, suspension or revocation of the required New York State Department of Motor Vehicle driver's license for taxicab operator's license or vehicle registration for taxicab medallion license.

(2)

The Police Commissioner had determined from the driving record of such taxicab operator that the driver does not possess the qualities of competence necessary or desirable for the operation of the taxicab based upon the individual's record of convictions of Vehicle and Traffic Law offenses.

(3)

Such taxicab operator or taxicab medallion license holder has failed to comply with rules and regulations of this chapter.

(4)

A licensee may be suspended if criminal proceedings are instituted against the taxicab medallion license holder or taxicab operator for any crime or offense reasonably related to the health, safety or welfare of the public. Such licensee may be suspended, revoked or refused to be renewed in the event of a conviction of such crime or offense reasonably related to the health, safety or welfare of the public.

[Amended 3-15-2011 by Ord. No. 57-2011; 9-20-2018 by Ord. No. 2018-180]

(5)

Such taxicab operator or taxicab medallion license holder has been convicted of a violation of the City Code or state law pertaining to taxicabs.

(6)

Such taxicab operator has tested positive for drugs or controlled substances as set forth in § 3306 of the Public Health Law.

[Added 3-15-2011 by Ord. No. 57-2011]

(7)

Such taxicab operator has failed or refused to submit to a drug screen analysis for drugs or controlled substances as set forth in § 3306 of the Public Health Law as required by this chapter.

[Added 3-15-2011 by Ord. No. 57-2011]

(8)

Such taxicab operator has failed to continue to meet the qualifications for licensure, as set forth in § 290-5 of this chapter, to satisfy the Police Commissioner of the licensee's ability to provide safe transport in order to protect the interests of the general public, its safety and welfare.

[Added 3-15-2011 by Ord. No. 57-2011]

Hearings.

(1)

Order with notice. Notice of an order of suspension or revocation of a license or refusal to renew a license shall be given personally or by certified mail, return receipt requested, to the licensee, directed to the address appearing on the records of the Police Department for the licensee. The notice shall include a statement that the licensee is entitled to and will be given a hearing upon demand as hereinafter set forth.

(2)

Demand for a hearing shall be in writing and given personally or by certified mail, return receipt, directed to the Police Commissioner, within 10 days from personal service or within 15 days from service by mail of the order of the Police Commissioner.

(3)

A hearing shall be held within 10 business days from the date of personal service or service by mail of the demand for a hearing, unless adjournment thereof is granted by the Police Commissioner for good cause shown. Notice of the date, place and time of the hearing shall be given in writing by mail to the applicant, directed to the address appearing on the records of the Police Department for the licensee or applicant.

(4)

In the event that demand for a hearing is not made within the prescribed time or in the event that the licensee or applicant does not timely appear for the hearing, the order of the Police Commissioner shall then be final and conclusive.

Mandatory hearing. In the event a taxicab operator or taxicab medallion license holder has been convicted of three or more violations of the City Code or state law applying to taxicabs, occurring on three or more dates of violation during any given twelve-month period, the Police Commissioner shall issue and give notice of revocation of the license or refusal to renew the license personally or by certified mail return receipt requested to the licensee, directed to the address appearing on the records of the Police Department for the licensee. The notice shall include a statement that the licensee shall be given a hearing on such revocation or refusal to renew the license and shall include the date, place, and time of the hearing, which shall be held within 10 business days of service of the notice unless adjournment thereof is granted by the Police Commissioner for good cause shown. In the event the licensee does not appear for the hearing, the order of the Police Commissioner shall be final and conclusive.

Effect of a suspension, revocation, or refusal to renew a license. In the event of a suspension, revocation, or refusal to renew as provided for herein of a taxicab operator's license and/or taxicab medallion license, the holder thereof shall deliver the taxicab operator's license and/or the taxicab medallion license and/or taxicab medallion inspection sticker to the Police Commissioner.

After suspension of a taxicab operator's or taxicab medallion license, reinstatement may only be obtained upon full compliance with the rules and regulations of this chapter and payment of a $100 reinstatement fee in addition to any other required fees under § 290-6A of this chapter.