§ 31.253. Taxicab operator's permit.

(a)

Permit Required. It shall be unlawful for any person to operate a taxicab for a taxicab company licensed by the City unless that person has been issued a permit by the City.

It shall be unlawful for any person to operate a taxicab that is not properly licensed pursuant to Section 31.252 of this Chapter.

No taxicab operator's permit shall be issued unless the requirements relating to taxicab companies set forth in Section 31.251 of this Chapter and the requirements of this Section have been satisfied.

(b)

Operator Qualifications. Each operator who shall drive any taxicab in the City shall at all times:

(1)

Possess a valid State of Illinois driver's license of a classification required by state law for the transport of persons for hire;

(2)

Be twenty-one (21) years of age or older;

(3)

Be in good physical condition; and shall not have any nervous, organic, or functional condition or disease which is likely to interfere with the safe performance of his or her duties as an operator;

(4)

Be able to read, write and speak the English language, as determined by a test administered by the City Clerk. Such test shall consist of the applicant completing the taxicab operator's permit application in the presence of the City Clerk or her designee;

(5)

Have a Secretary of State's driving abstract showing no convictions for any of the following offenses:

(A)

Driving under the influence of a controlled substance, cannabis or an intoxicating compound (625 ILCS 5/11-501 et seq.) or similar provision of a local ordinance or any like offense of another state or country within the past five years;

(B)

Reckless driving (625 ILCS 5/1-503 et seq.) or a similar provision of a local ordinance or any like offense of another state or country, within the past five years; and

(C)

Any offense originally charged, as listed under subsection (b)(5)(A) or (b)(5)(B) of this Section, and later reduced to any negotiated lesser offense, within the past five years.

(c)

Application for and Issuance of Taxicab Operator's Permit. The application for a taxicab operator's permit shall be approved by the City Manager or his designee and a taxicab operator's permit issued pursuant to and in accordance with the following rules and regulations:

(1)

Application shall be made by the operator in writing to the City Clerk on a form reasonably required and approved by the City Manager. Prior to issuance of the permit, a nonrefundable license application fee of seventy-five dollars ($75.00) shall be paid.

(2)

The operator shall be required to include in the application a true statement of certain facts, including, but not limited to, the name and address of the operator, the age and date of birth of the operator, the driving convictions of the operator, the type and class of driver's license of the operator, convictions for the use, possession or sale of controlled substances, cannabis or intoxicating compounds, any felony or misdemeanor convictions of the operator-applicant, the home address and telephone number of the operator. All such information shall be provided under oath.

(3)

At the time of application, the driver shall submit his or her driving abstract obtained from and certified by the Illinois Secretary of State's office dated not more than thirty (30) days prior to the submittal of the application for a license.

(4)

At the time of application, the operator shall submit himself or herself for the purpose of having his or her photograph taken, which photo shall clearly and accurately show the applicant's face and shoulders.

(d)

Investigation. The Police Chief or his designee shall investigate the applicant for a taxicab operator's permit. If this investigation or the application materials reveal that the statements made as part of the application are inaccurate or reveal information showing any of the following, the application shall not be approved and no taxicab operator's license shall be issued to the applicant:

(1)

The applicant has been convicted of a felony based upon his or her conduct or involvement in such business activity or similar business within the past ten (10) years;

(2)

The applicant has been convicted of a felony or misdemeanor unrelated to his or her conduct or involvement in such business activity or similar business, which felony or misdemeanor involves any of the following offenses:

(A)

Unlawful possession with the intent to deliver: any controlled substance, as such term is defined in the Illinois Controlled Substances Act (720 ILCS 570/100 et seq.), as amended from time to time; or cannabis, as defined in the Cannabis Control Act (720 ILCS 550/1 et seq.), as amended from time to time; or an intoxicating compound, as listed or defined in the Intoxicating Compounds Act (720 ILCS 690/0.01 et seq.), as amended from time to time, or any like offense of another state or country within the past ten (10) years,

(B)

Unlawful possession of any controlled substance, cannabis or intoxicating compound, within the past five years,

(C)

The offenses of criminal sexual assault and criminal sexual abuse, as such offenses are defined in the Illinois Criminal Code 720 ILCS 5/1-1 et seq., or any like offense of another state or country,

(D)

Any offense involving violence against another person or threatened violence against another person under the Illinois Criminal Code (720 ILCS 5/1-1 et seq.), or any like offense of another state or country, within the past ten (10) years, or

(E)

Any offense involving moral turpitude, including, but not limited to any offense involving the misapplication, misappropriation or misuse of funds of another person, within the past five years;

(3)

The applicant has been convicted of driving under the influence of a controlled substance, cannabis or an intoxicating compound under Illinois law (625 ILCS 5/11-501 et seq.), as amended from time to time or similar provision of a local ordinance or any like offense of another state or country, within the past five years;

(4)

The applicant has been convicted of reckless driving under Illinois law (625 ILCS 5/11-503 et seq.), as amended from time to time or similar provision of a local ordinance or any like offense of another state or country within the past five years.

(e)

Transferability; Permit Card to be Carried at All Times. No taxicab operator's permit shall be assigned or transferred to any other person. Upon issuance of a taxicab operator's permit, the operator shall at all times, when operating a taxicab in the City, carry a permit card that contains his or her name, permit number and year for which the permit is valid. The taxicab operator shall exhibit this card upon the request of any passenger or police officer.

(f)

Term of Permit. The term of all operators' permits issued under the provisions of this Article shall be for the calendar year, and in every case shall expire at the end of the last day of December of the year in which the permit was issued. The full yearly permit fee shall be charged regardless of when the permit is applied for or issued.

(Ord. 11-2005 § 2 (part))