§ 46-65. Applications.

(a)

Applications for permits may be filed on or before December 1 of each permit computation year in which permits are determined to be available pursuant to section 46-63 of this Code. An application may be filed after the December 1 ^st deadline if the application is associated with a permit transfer pursuant to section 46-72 of this Code. Each applicant shall utilize forms promulgated by the director and shall submit any information requested in accordance with instructions that shall be promulgated by the director. Without limitation of other information that the director may require in order to determine compliance with this Code and other applicable laws, the applicant shall set forth and provide the following information, which shall be sworn before a notary public or conform to minimum state law requirements for unsworn declarations:

(1)

The applicant's name, mailing address (and street address if different), and telephone number.

(2)

Evidence of the type of business enterprise that the applicant utilizes, e.g. proprietorship, partnership, or corporation, together with the identity and address of each principal.

(3)

Criminal history information for every principal as required by the director to determine compliance with section 1-10 of this Code.

(4)

Evidence that the applicant has a place of business within the metropolitan area from which the applicant's taxicab business is or will be operated and that use of the proposed location is in compliance with any applicable deed restrictions.

(5)

A statement indicating the number of permits requested by a new entrant applicant or an other applicant.

(6)

A statement indicating whether the applicant is a new entrant applicant or another applicant.

(7)

For new entrant applicants, evidence that the applicant's operator has within the preceding period of ten years had at least five years active and practical taxicab business experience, with at least two of those years in the city.

(8)

For other applicants, the identity of the permittee as defined in section 46-16 of this Code on whose behalf the application is filed.

(9)

Evidence that the operator is either a United States citizen or an alien legally residing in the United States with the legal right to engage in employment in the United States.

(10)

If the application is filed in association with section 46-72 of this Code, a statement indicating the number of permits to be transferred to the applicant.

(11)

Any additional information that may be reasonably requested by the director.

Each application shall be accompanied by a filing fee. The filing fee shall be an amount established by city council by motion upon recommendation of the director of administration and regulatory affairs. The fee approved under this provision shall be included in the city fee schedule.

(b)

The director shall initially review each application for issuance or amendment of a permit to determine whether the application is complete and all required information has been provided. If not, the director shall return the application and advise the applicant of the deficiencies. For permit distributions, each applicant, whether a new entrant applicant or other applicant, shall be limited to the consideration of one application per permit computation year. Applications for transfer permits shall not count against the aforementioned limit imposed upon non-transfer permit applications.

(c)

An application filed by a new entrant applicant shall be considered a duplication if any principal is also named in another application. An application filed by an other applicant shall be considered to be a duplicate if it identifies the same permittee as any previously filed application. In case of multiple applications, the first one filed shall be considered, and all others shall be returned unless the applicant elects in writing to withdraw the earlier-filed application.

(d)

The director shall review applications received on or before March 1 of the permit distribution year and advise each applicant whether the applicant has been determined to be qualified or unqualified. The director shall, within ten days of receiving any applications pursuant to section 46-72 of this Code, advise applicants as to whether their status has been determined to be qualified or unqualified. An applicant is considered qualified if each of the following criteria is met:

(1)

The application was filed in completed form with no material inaccuracies or omissions, provided that if the application as originally filed was substantially complete and in proper form, the director shall allow an applicant a reasonable opportunity to correct any minor inaccuracies or omissions if that can be accomplished without delaying the processing of applications.

(2)

Neither the applicant nor any other business entity with which any of its principals is or was then associated has transferred one or more permits to another person within the four year period preceding the date of filing of the application, exclusive of transfers made for the purpose of settlement of estates and divorce proceedings, or exclusive of transfers to effect a change in the form of entity when the principal owner in the original company remains a principal in the subsequent entity, e.g., sole proprietorship or partnership to a corporation. This item applies only to the transferor and not the transferee.

(3)

The applicant and its principals are in compliance with the criminal history provisions of section 1-10 of this Code.

(4)

The applicant's operator has the experience required in item (a)(7) above.

(5)

The applicant's operator is a citizen or resident alien with work privileges as provided in item (a)(9) above.

(6)

The applicant has a place of business within the metropolitan area as provided in item (a)(4) above.

(7)

The applicant is in compliance with any other applicable requirement of this Code and other laws.

(e)

Applicants who are determined to be unqualified shall also be notified of the grounds asserted for that determination and of their right to a hearing upon the determination to be conducted by an independent hearing examiner designated by the director. If the determination is based in whole or in part upon section 1-10 of this Code, then the notice and hearing procedures shall also include any requirements to comply with section 1-9 of this Code and applicable state laws. The determination of the hearing examiner with respect to the application shall be final, unless otherwise provided by law.

(f)

Following the completion of the appeal hearings, if any, as provided in subsection (e), the director shall generate a list of qualified new entrant applicants and a list of qualified other applicants.

(Ord. No. 2014-754, § 2(Exh. A), 8-6-2014; Ord. No. 2016-736, § 19, 10-5-2016 )