No person shall use, operate, or drive a taxicab and no person
shall permit anyone to drive a taxicab within the limits of the City
of Beacon without such driver having first obtained and paid for and
having in force and effect a taxicab driver's license under the
provisions of this chapter.
[Amended 5-20-2013 by L.L. No. 10-2013]
Each applicant for a taxicab driver's license must:
A.
Have obtained and be in possession of a New York State Class E chauffeur's
license;
B.
Be of the age of 18 years or over;
C.
Be of sound physique with good eyesight and not subject to epilepsy,
vertigo, heart trouble or any other infirmity of body or mind, which
might render him unfit for the safe operation of a taxicab;
D.
Be able to read and write the English language;
E.
Be clean in dress and person and not addicted to the use of intoxicating
liquors or drugs;
F.
Fill out a blank form to be provided by the Chief of Police through
the office of the City Clerk, a statement showing that the applicant
has the qualifications set forth above, which statement in addition
shall set forth the full name and place of residence of the applicant;
whether or not he or she is a resident of the United States; maiden
name; whether he or she has ever been convicted of a felony, misdemeanor
or traffic infraction, and if so, the circumstances of such conviction;
whether applicant's taxicab driver's license, New York chauffeur's
license or operator's license has ever been suspended or revoked;
and such other information as the Chief of Police may reasonably require.
Such statements shall be numbered and signed and sworn to by the applicant;
and one copy thereof shall be filed with the City Clerk and the other
copy retained by the Police Department as permanent records; and
G.
Each applicant for a taxicab driver's license shall additionally
submit:
(1)
A copy of a receipt for a set of fingerprints;
(2)
A copy of a receipt for preparation of a criminal history check;
and
(3)
A copy of the receipt from a drug screening test along with the results
of a drug screening test, performed within 10 days of the date of
the applicant's submission, from a laboratory certified to perform
toxicology tests and certify the results thereof by the New York State
Department of Health and which performs drug abuse testing, indicating
the applicant does not use amphetamines, barbituates, benzodiazepines,
benzoylecgonine, ethanol, fentanyl, methadone, opiates, phencyclidine,
propoxyphene, THC cannabinoids and tricyclic antidepressants, unless
prescribed by a licensed health-care provider. The taxicab driver
shall be responsible for all costs associated with the test required
for application and renewal, including but not limited to all costs
associated with such testing, as may be required by the Chief of Police.
A.
Each applicant for a taxicab driver's license must file with
the application two unmounted, unretouched photographs of himself,
taken within the 30 days preceding the filing of his application.
The photograph shall be so attached to the license that it cannot
be removed and another photograph substituted without detection.
B.
All applicants must be fingerprinted by a facility approved by the
Chief of Police. Applicants will be responsible for submission of
the fingerprints and fees to the Division of Criminal Justice Services
for a criminal background investigation, and the results of such investigation
must be provided to the Chief of Police. The applicant shall pay the
cost of fingerprinting.
[Amended 3-5-2012 by L.L. No. 6-2012]
[Amended 5-20-2013 by L.L. No. 10-2013]
A.
Upon satisfactory fulfillment of the foregoing requirements and upon
the written approval of the issuance of a taxicab driver's license
by the Chief of Police, the City Clerk shall sign and issue to the
applicant a license which shall be in such form as to contain a photograph
and signature of the licensee, and blank spaces upon which a record
shall be made of any arrest or serious complaint against him. Each
taxicab driver's license shall be stamped by the seal of the
City upon at least a portion of the photograph. All taxicab driver's
licenses shall be numbered in the order in which they are issued and
shall contain the name and place of residence of the licensee and
the dates of issuance and expiration of the taxicab driver's
license. Any licensee who defaces, removes or obliterates any official
entry made upon his taxicab driver's license shall be punished
by the revocation of his taxicab driver's license.
B.
Taxicab driver's licenses shall be issued as of August 1 of
each year, and shall be valid to and including July 31 next succeeding,
unless previously suspended or revoked. A complete application, as
determined in the sole discretion of the Chief of Police, for renewal
of a taxicab driver's license must be filed with the City by
July 1 of each year. Failure to submit a renewal application or submission
of an incomplete application by July 1 of each year shall result in
the payment upon renewal of a late fee as set forth in the City of
Beacon fee schedule.[1] No temporary permit shall be issued except when an extraordinary
public emergency arises affecting transportation of the public upon
the streets of the City; such temporary permits when issued shall
be upon such terms and conditions as the Chief of Police shall provide,
but such temporary permit shall in no event be granted for a period
longer than 10 days, and may be renewable for similar periods, from
time to time as may be necessary, only upon the written recommendation
of the Chief of Police. The fee for such temporary permits shall be
the same as for a taxicab driver's license as provided in this
chapter. Such license or permit shall be carried by the licensee at
all times when operating or in charge of any taxicab.
[1]
Editor's Note: The fee schedule is on file in the City
offices.
[Amended 5-20-2013 by L.L. No. 10-2013]
The license fee for a taxicab driver's license shall be
set forth in the City of Beacon fee schedule.[1] The license fee for a new application shall be prorated
if applied for after the first of August.
[1]
Editor's Note: The fee schedule is on file in the City
offices.
[Amended 12-20-2010 by L.L. No. 19-2010]
A.
No taxicab driver's license shall be issued to an applicant who has failed to comply with or has violated any provision of Chapter 200.
B.
Upon complaint of any person, a taxicab driver's license or
permit may at any time be suspended or revoked for cause by the Chief
of Police. Any such suspension shall be noted on the taxicab driver's
license, together with a statement of the reason therefor, and the
license or permit shall be forthwith taken from the licensee and be
delivered to the City Clerk. No taxicab driver whose license or permit
has been suspended or revoked shall be again licensed as a taxicab
driver in the City of Beacon unless upon presentation of reasons satisfactory
to the Chief of Police.
C.
Denial; suspensions: An application for a taxicab driver’s
license may be denied and/or a taxicab driver’s license may
be suspended for:
[Amended 3-5-2012 by L.L. No. 6-2012]
(1)
Failure
to properly maintain the vehicle and/or equipment, both physically
and/or mechanically, pursuant to the requirements of this chapter.
(2)
Conviction
of an applicant for a felony or misdemeanor committed by the applicant
or licensee if the Chief of Police determines that there is a direct
relationship between the conviction and the duties and obligations
inherent to a taxi license or that the approval of the application
or continuation of the driver's taxicab license would involve an unreasonable
risk to property or to the safety or welfare of specific individuals
or the general public. A licensee must report his or her arrest for
any crime to the Chief of Police within five business days of the
arrest. The Chief of Police will consider New York State Correction
Law, Article 23-A, in making any decision regarding the license applicant's
or license holder's fitness for obtaining or maintaining a license.
(3)
Any
other reason which, in the discretion of the Chief of Police, presents
a danger to the health, safety or welfare of the public.
D.
Revocations. A taxicab driver's license may be revoked for:
(1)
Any two suspensions within the twelve-month period of the issuance
of the license.
(2)
Knowingly filing a false application.
(3)
Any arrest or conviction of a licensee for a criminal offense committed
by such person during or in relation to taxi operation.
(4)
Conviction of a licensee for a felony or misdemeanor if the Chief
of Police determines that there is a direct relationship between the
conviction and the duties and obligations inherent to a taxicab driver's
license or that the continuation of the license would involve an unreasonable
risk to property or to the safety or welfare of specific individuals
or the general public.
(5)
Any driver who operates with a suspended taxicab driver's or
vehicle license as issued by the City of Beacon or a suspended registration.
(6)
The suspension or revocation of an operator's New York State
driver's license by the New York State Department of Motor Vehicles.
(7)
Operation of a taxicab without the insurance required by this chapter,
for illegal purposes or in violation of the law.
E.
Review of denial, revocation or suspension. The City Administrator shall hear and decide appeals taken from any determination made by the Chief of Police or his designated agent which denied, revoked or suspended such driver and/or vehicle license. Any applicant who shall have been refused a license, or a license holder whose license shall have been revoked or suspended, may appeal to the City Administrator for review of such denial, revocation or suspension as set forth in this chapter. The failure of an aggrieved party to take an appeal within 10 business days of receipt of such denial, revocation or suspension shall constitute a waiver of right to appeal. Appeals shall be heard pursuant to the provisions of § 200-28 of this chapter.
[Amended 5-20-2013 by L.L. No. 10-2013]
There shall be kept in the office of the Chief of Police a complete
record of each license or permit issued to a driver, and of all renewals,
suspensions and revocations thereof, which record shall be kept on
file with the original application of the driver for a license.
