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HomeMy WebLinkAbout08/02/2011 10 Taxicab License Denial Appeal Hearing BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 10 For Meeting Of: August 2, 2011 ITEM TITLE: Taxicab License Denial Appeal Hearing SUBMITTED BY Joan Davenport, Acting Director, Community & Economic Development CONTACT PERSON / TELEPHONE: Joe Caruso, Supervising Code Inspector, 575 -6257 SUMMARY EXPLANATION: Ms. Mary K. O'Brien submitted a Taxi Driver's License Application. This regulatory license is under the authority of the Codes Administration Division. Section 5.78.180 defines the information required on the application. A.three year driving abstract was given to the city along with the application. A required piece of information is if your license has ever been suspended or revoked. Ms. O'Brien stated no. Yakima Police Department contacted codes to advise that they go back five years in • the driving abstract and there is a suspension and moving violations starting from 2007 which concerns them. Ms. O'Brien was aware of this information, but did not disclose it. The application is signed and notarized that all information is truthful. On this information, the application was denied and the applicant requested an appeal before city council, which the applicant shall specify the grounds relied on by the appellant as reasons for the issuance, as case may be, of the license which was denied. Resolution _ Ordinance_ Contract Other (Specify) Map Funding Source N/A APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Appeal Hearing BOARD /COMMISSION /COMMITTEE RECOMMENDATION:: COUNCIL ACTION: • CITY OF YAKIMA LEGAL DEPARTMENT 200 South Third Street, Yakima, Washington 98901 (509)575 -6030 Fax (509)575-6160 MEMORANDUM July 25, 2011 TO: Honorable Mayor and City Council Michael A. Morales, Interim City Manager FROM: Mark Kunkler, Senior Assistant City Attorney SUBJECT: Mary K. O'Brien — Record on Appeal — Denial of Taxicab License /Appeal (Quasi - judicial hearing) • YMC 5.78.245 provides a mechanism for appeals of administrative denials of applications for Taxicab Licenses. This section provides: 5.78.245 Review of license denial or revocation. Any applicant who feels aggrieved by the denial of a license for which application is made pursuant to this chapter, and any license holder who feels aggrieved by the city manager's revocation of a license pursuant to Section 5.78.240, may appeal that denial or revocation to the city council by serving on the Yakima city clerk a notice of such appeal within five days from the date of the denial or revocation from which the appeal is taken, which notice shall be in writing and shall specify all the grounds relied on by the appellant as reasons for the issuance or reissuance, as the case may be, of the license . which was denied or revoked. After the timely filing of such a notice, the city clerk shall set a time and place for a hearing thereon by the city council, after which hearing the city council shall make a final determination on the matter of the denial, revocation, issuance or reissuance of the license. (Ord. 95 -63 § 1, 1995: Ord. 2082 § 2, 1977). Mary K. O'Brien ( "applicant ") submitted a Taxi Driver's License Application dated May 25, 2011. By letter dated June 29, 2011, the Office of Code Administration advised Ms. O'Brien of the denial of the requested license. The license was denied because the applicant falsely stated on her application that her driver's license had never been suspended or revoked. Standard review by the police department of the applicant's Abstract of Complete Driving Record shows that the applicant's driver's license was suspended from on or about June 27, 2008 through March 31, 2009 arising out of a Memorandum to Honorable Mayor and Members of the City Council July 25, 2011 Page 2 citation for Negligent 'Driving (2 Degree). Ms. O'Brien has appealed the administrative decision denying the taxicab driver's license. The Record on Appeal consists of the following: (a) Agenda Statement for Council Meeting of August 2, 2011, submitted by Joan Davenport, Acting Director of Community & Economic Development, and Joe Caruso, Supervising Code Inspector. (b) May 25, 2011 Taxi Driver's License Application submitted by Mary K. O'Brien. (c) July 11, 2011 email from Officer Jim Wolcott, YPD, to Joe Caruso advising of applicant's suspended driver's license occurring in 2008. (d) June 29, 2011 letter from Ellena . Hazen, Permit Technician, advising applicant of the denial of the application for taxicab driver's license and acknowledging receipt of appeal from administrative decision. (e) Copies of three -year driving record and Abstract of Complete Driving Record from Department of Licensing regarding Mary K. O'Brien. (f) June 29, 2011 appeal of denial of taxicab driver's license submitted by Mary K. O'Brien. (g) Copy of Chapter 5.78 YMC entitled "Taxicabs and Vehicles for Hire." The hearing of the Appeal will be before the City Council as a quasi - judicial hearing. This means that Council Members will be serving as judges for the appeal, and no discussion of the issues should occur outside the hearing with appellant or any third person. • = ',1"\• _ ., 1)EP.1 RTr11L: \'T 01 COM M 1 \'1I )' 4 \'I) 1 (.,0 \'0 1IC 1)! J 1 10I',111:: f " •' Office of Code Administration 1 • : ': r s', 129 North Second Street, 2" d Floor Yakima, Washington 98901 • (509) 575 -6126 or 575-6121 Fax (509) 576 -6576 � codes(dci.yakima.wo.us wwiv.6uildingyakima.con: • • • -1t°9 TAXI DRIVER'S LICENSE APPLICATION YMC 5.78 Fee: Temp Driver License /App Fee (non - refundable) $10.00 Driver's License $11.00 Background Check(WATCH) $10.00 • Fingerprinting may be required: $ 5.00 WSP $26.00(Money order made out to WSP Driver's Abstract (DA) ($0) if DA provided at time of application Driver's Abstract (DA) $10 (check made payable to DOL) if City • will be submitting the DA request on behalf of -the applicant. Applicant Info: First Name: /✓1 R ` Middle Initial: K Last Name: 0 ` B RA j/s/ Address: - - How long at this address: 1 '/ . y s • • City: Ytj-r? M 4 State: 14/AA Zip: cm 90 2 Phone: Alternate Phone: • E - mail: mar tthe. ®i i T . f nrvr Date of Birth: 110 Drivers Liceh'se #: tate: WA, . Exp: Soc. Sec. #: Place of Birth: Y.¢K!M A tAl Height: 5 " Weight: / arital Status s;n CP /e Hair Color ra4cIA. Ey6 Color . d3 1& bleat Taxi Driver History: Prospective Employer: n t cS '7x List previous places of residency for the last five years: • .,,. Last Place of employment: C4)ir,r9;4-- c Have you previously been issued a taxi driver's license? If so, where? yZp Have you ever had a driver's license in another state? If so, please give license # and state: `12 Has your driving privilege ever been suspended or revoked Nhis or any other state? If so, please explain: Vt.D Have you ever been convicted of a crime, other than minor traffic violation? If so, list each conviction, approximate date of conviction, name and location of court, the crime charged and final disposition: �( Cd • • • Business Info: Company Name: 00 �i ) . Address: ift City: State: Zip: Phone: Alternate Phone: Fax: E:-mail: Vehicle Insurance Co.: Policy Exp. Date: Vehicle License #: . • Applicant's certification: . The issuance of this license does not entitle you to conduct business in violation of any other , federal, state or local laws applicable to the business operation. Deliberate omissions or falsifications on any part of this form will result in cancellation of the license and may subject the applicant to criminal - charges. Prior to placing any vehicle into service vehicles must be certified as having been irispected by the Yakima Police Department, Traffic Division. In addition, proof of inspection by the Yakima Police Department, Traffic Division, within one year of renewal of for -hire permit will be required. I certify that under the penalty of perjury that to the best of my know edge all information krue andcorrect. f �J 5T aS r ,g_in ( ( Appl cant's si na re Date State of Washington } . } County of Yakima } Ill 1, t7 uCt dp -- rsigned, a n• ary public in and for the State of Washington, hereby certify that on t is - -�- –day ;of L * -- , 2N-4—personally–appeared before me / 0 g ■(1.(PAN – i , known to be the individual described in aid who executed the foregoing instrument, and acknowledged that he /she signed and sealed the same as his /her free and voluntary act and deed, for the uses and purposes therein men •, -• - - -- en under my hand and o cial seal the- dayand year°last -above / itten. J:, \. 4� • �" : ry ' ub and lic for -.r._ ate o'ashington I‘ NOTARY I \ ,� • 4 +i c; \ FUSt_IC ed N .,0, ✓ s'` 0 Printed Name 0�� For Office Use Only . �' _ F 1 7 r :•: -nse #: Amount Paid: $ ❑ Cash ❑ Check TEMPORARY LICENSE ❑ Approved ❑ Denied ❑ Approved with Conditions -. Signature: Date: _ PERMANENT LICENSE 0 Approved ❑ Denied ❑ Approved with Conditions Signature: Date: _ Vehicle Inspection Date: Inspected By: • Code Administration Manager ❑ Approved 0 Denied ❑ Approved with Conditions Signature: Date: - Caruso, Joe From: Caruso, Joe Sent: Monday, July 11, 2011 1:11 PM To: Caruso, Joe Email sent from Officer Wolcott after investigating applicant who withheld mandatory information. Joe I was sent a Taxi driver's license application from your office in June for review for a Mary K. O'Brien: I checked the Yakima Police computer data base for -any type of disqualifying information on the applicant; none was found. When I made a law enforcement check of Ms. O'Brien's abstract driving record (ADR) I found two traffic infraction violations (non criminal), one being a Negligent driving charge which appears she did not take care of in 2008, which resulted in her WA State driver's license being suspended for nine months. Ms. O'Brien failed to divulge this required information on her application. She did provide a copy of an ADR she had obtained herself from the Department of Licensing on the date she submitted her application. It showed no violations for the past three years; this is the ADR provided to insurance companies, not the 5 year ADR for employment or background checks. She obviously was aware of her past driving violations and was asked to list ANY suspension or revocations of her license ever. I will send a copy of the ADR I obtained over to you by our courier clerk this afternoon. Please advise if I may be of any further assistance. - Officer Jim Wolcott Yakima Police Department Traffic Collision Investigator / Collision Reconstruction 200 S. 3rd St. Yakima, WA 98901 (509) 576 -6580 e -mail: jwolcott @ci.yakima.wa.us Joe Caruso Acting Codes Manager /Fire Marshal City of Yakima 129 N. 2nd Street Yakima WA 98901 509- 575 -6257 off. 509- 728 -3191 cell 509 - 576 -6576 fax jcaruso@ci.yakima.wa.us 7/11/2011 a.. . -_ — n1 Y"''';n, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT -1.4 ' • r ' , , Office of Code Administration s �'. . •.7� ''� 129 North Second Street, 2nd Floor Yakima, Washington 98901 • :� ; (509) 575 -6126 or 575-6121 • Fax (509) 576 -6576 • codes@ci.yakima.wa.us ''11, �C .... : •' - _ III. • , . • June 29, 2011 Mary K O'Brien . 1403 S 7` Ave Yakima, WA 98902 Dear Ms O'Brien: • The City of Yakima Code Administration Department has denied your application for the City of Yakima driver's license based on Yakima Municipal Code 5.78 section 5.78J 80 City driver's license — Application— Information required: "Each applicant shall state on the form provided, his name, age, place of birth, place or places of residence for five years prior to the date of making application, the length of time he has resided in the city, marital status, last place of employment with name and address of employer; whether he has been previously licensed as a driver and if so, where; if his license has ever been suspended or revoked and if so, the date and cause; if • he has ever been convicted of a crime and if so, list each such conviction, the approximate date thereof, the name and location of the court, the crime charged and final disposition. (Ord. 147 § 18, 1960)." • You have the right to appeal the denial to the city council by serving on the Yakima city clerk a notice of such appeal within five days from the date of the denial from which the appeal is taken, which notice shall be in writing and shall specify all the grounds relied • on by the appellant as reasons for the issuance or re- issuance, as the case may be, of the license which was denied. You have given us a letter of appeal submitted June 29, 2011 and we will process your appeal and let you know when it is scheduled for the City Council to review. If you have any questions, please contact me at the Code Administration department Thank you. . Cordially, , ....4 , a 644 i 411 Ellena Hazen -- P- ermi.t- T- ecim -iGian Y -akima itatd 'o il s ' 1994 t .54. RECEIVFD i LAD c eqC) I 40 -a51-t 1 • '11 JUN 29- 111114 1 - 4 ' & I 1 .e ©C %qua. , ..P ' LA1,4 A -. - , . 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Oh ' so _ .... — _____■- Chapter 5.78 TAXICABS AND VEHICLES FOR HIRE Page 1 of 9 a • Chapter 5.78 TAXICABS AND VEHICLES FOR HIRE Sections: 5.78.010 License required. 5.78.020 Definitions. 5.78.030 Vehicle license required— Certain vehicles excepted. 5.78.040 Number of taxicab licenses. 5.78.050 Application for license— Information required. 5.78.060 Fees. 5.78.070 Interchange and replacement. 5.78.080 Renewal — Forfeiture. 5.78.085 Vehicle markings. 5.78.090 Color scheme. 5.78.100 Taxicab rates and zones. 5.78.110 Taximeters. 5.78.120 Taxicab stands. 5.78.130 Meeting trains, buses or airlines. 5.78.140 Sightseeing cars. 5.78.160 Prohibited practices. 5.78.170 City driver's license — Application and renewal fee. 5.78.180 City driver's license — Application— Information required. 5.78.190 City driver's Iicensc Qualifications. 5.78.200 City driver's license— Investigation— Temporary license. 5.78.220 City driver's license— Renewal. ® 5.78.230 City driver's license —Other offenses. 5.78.240 Revocation. 5.78.245 Review of license denial or revocation. 5.78.250 Term. 5.78.260 Severability. 5.78.010 License required. It is unlawful for any person, firm or corporation to hold out, advertise, solicit, operate, drive or use any vehicle as a for -hire vehicle in the city of Yakima without having first obtained the licenses required by the provisions of this chapter. (Ord. 147 § 1, 1960). 5.78.020 Definitions. "For -hire vehicle," wherever used in this chapter, means a "taxicab" or "sightseeing car," but does not include "limousine service." "Limousine service," wherever used in this chapter, means every self - propelled vehicle, commonly referred to as a limousine, with seating capacity for four to sixteen persons, excluding the driver. Limousine services are regulated by RCW 81.90 et seq. and not by this section of the Yakima Municipal Code. "Sightseeing car," wherever used in this chapter, means every motor vehicle used for the transportation for hire of passengers used exclusively for sightseeing purposes over a fixed route and charging a regularly established fare for each trip. "Taxicab," wherever used in this chapter, means every motor vehicle used for the transportation of passengers for hire and not operated exclusively over a fixed route. "Taxicab" does not mean a "limousine service." "Taxicab stand," wherever used in this chapter, means that portion of any street set • aside and designated as parking or standing space to be occupied by for -hire vehicles. "Taximeter," wherever used in this chapter, means any instrument or device by which the charge for hire is mechanically or electronically measured or calculated either for the ;napter 5.78 TAXICABS AND VEHICLES FOR HIRE Page 7 of 9 (c) Allow any nonpaying passenger, except a nonpaying child /passenger accompanied by an adult paying passenger, to ride in a for -hire vehicle occupied by any paying passenger, or to pick up an additional passenger, or passengers in a for -hire vehicle occupied by a paying passenger without the express consent of the original • passenger; (d) Leave any for -hire vehicle unattended or repair, wash or service the same, on any street, alley or public thoroughfare of the city of Yakima; (e) Solicit employment by cruising the public streets at random; (f) Operate any for -hire vehicle, or allow the same to be operated, when vehicle is not in a clean, sanitary and safe condition for transportation of passengers; (g) Operate a for -hire vehicle or allow the same to be operated, without having first obtained any permit required by law from the state of Washington, and without having filed any required bond or insurance with the state of Washington, as may be required by law, and without having filed with the city clerk a certificate evidencing the issuance of any such bond or insurance required by law; (h) Knowingly stop, stand or park within the space designated for the use of a for -hire vehicle of another. (Ord. 2319 § 2, 1979: Ord. 2219 § 2, 1979; Ord. 1030 § 10, 1968: Ord. 147 § 16, 1960). 5.78.170 City driver's license— Application and renewal fee. (a) No person shall drive a for -hire vehicle in the city without first obtaining a license to do so by making application to the city clerk on forms furnished by the city clerk, which application shall be signed and sworn to by the applicant before a notary public or some other officer authorized to administer oaths, and upon the payment to the city clerk of an application fee in the amount of ten dollars, none of which shall be returned to the applicant in the event his application is denied. (b) The fee for a city driver's license is fixed at eleven dollars each year. (Ord. 1880 § 23, 1975; Ord. 1245 § 1, 1970: Ord. 1195 § 29, 1969: Ord. 1030 § 11, 1968: Ord. 147 § 11, 17, 1960). 5.78.180 City driver's license— Application— Information required. Each applicant shall state on the form provided, his name, age, place of birth, place or places of residence for five years prior to the date of making application, the length of time he has resided in the city, marital status, last place of employment with name and address of employer; whether he has been previously licensed as a driver and if so, where; if his license has ever been suspended or revoked and if so,, the date and cause; if he has ever been convicted of a crime and if so, list each such conviction, the approximate date thereof, the name and location of the court, the crime charged and final disposition. (Ord. 147 § 18, 1960). 5.78.190 City driver's license — Qualifications. Each applicant for a city driver's license provided for in this chapter shall: 1. Be at least twenty -one years of age; 2. Be duly licensed to operate a motor vehicle for hire under the laws of the state of Washington; 3. Submit with the application a certification from a medical doctor, or the Yakima County health district, certifying that applicant is free from anyinfirmities of body or mind likely to render him unfit to drive a for -hire vehicle, and specifically that applicant is free from epilepsy, vertigo or heart trouble; 4. (a) Not have been convicted, within ten years preceding the time of making the application, of committing any felony directly related to the applicant's ability to operate a motor vehicle for hire; (b) Not have been convicted or forfeited bail within five years of any crime, other than the aforementioned felonies, reasonably related to the applicant's ability to operate a • motor vehicle for hire;