Section 19-507. Mandatory penalties

a. The commission shall fine any driver,
  or  suspend or revoke the driver's license of any driver, as provided in
  subdivision b of this section, who shall have been found in violation of
  any of the following:
    1. No driver of a taxicab shall seek to ascertain, without justifiable
  grounds, the destination of a passenger before such passenger  shall  be
  seated in the vehicle.
    2.  No  driver of a taxicab shall refuse, without justifiable grounds,
  to take any passenger or prospective passenger to any destination within
  the city.
    3. No driver of a vehicle the fares of which are set by the commission
  shall charge or attempt to charge a fare  above  the  fare  set  by  the
  commission.
    4.  No driver of a for-hire vehicle shall accept passengers unless the
  passengers have engaged the use of the for-hire vehicle on the basis  of
  telephone contract or prearrangement.
    b.  1.  Any  driver who has been found to have violated a provision of
  paragraph one, two, three or four of subdivision a of this  section,  or
  any  combination  thereof,  shall  be  fined  not  less than two hundred
  dollars nor more than three hundred fifty dollars for the first offense.
  Any driver who has been found in violation of any of the  provisions  of
  such  paragraphs, or any combination thereof, for a second time within a
  twenty-four month period shall be fined  not  less  than  three  hundred
  fifty dollars nor more than five hundred dollars, and the commission may
  suspend  the  driver's license of such driver for a period not to exceed
  thirty days. The commission shall revoke the  driver's  license  of  any
  driver  who  has  been  found  to have violated any of the provisions of
  paragraph  one,  two,  three  or  four  of  such  subdivision,  or   any
  combination  thereof,  three  or  more  times  within a thirty-six month
  period.
    2.  Notwithstanding  the  provisions  of   paragraph   one   of   this
  subdivision,  the  commission  shall  revoke the driver's license of any
  person found to have violated paragraph three of subdivision a  of  this
  section  by  charging  or  attempting to charge a fare of ten dollars or
  more above the approved rate of fare for taxicabs.
    c. The commission shall not issue any license under  this  chapter  to
  any  person  who has had his or her driver's license revoked pursuant to
  subdivision b of this section prior to a period of  one  year  from  the
  date of such revocation.
    d.  1.  Each  owner  shall  make  a reasonable good faith effort, by a
  driver education program or other affirmative  measures,  to  deter  the
  commission of violations of paragraphs one, two and three of subdivision
  a  of  this  section by drivers of taxicabs for which such owner holds a
  vehicle license. A finding that a driver has committed  a  violation  of
  any  such paragraph shall create a rebuttable presumption that the owner
  holding the vehicle license for the taxicab in which such violation  was
  committed has failed to make a reasonable good faith effort to deter the
  commission  of such violation. In any proceeding for a violation of this
  paragraph, it is an affirmative defense that the owner made a reasonable
  good faith effort, by a driver education program  or  other  affirmative
  measures,  to  deter the commission of violations of paragraphs one, two
  and three of subdivision a of this section. The commission shall  advise
  an  owner  in writing of his or her potential liability pursuant to this
  subdivision upon a finding  that  a  violation  of  such  paragraph  was
  committed in a taxicab for which such owner holds a vehicle license.
    2. If the owner holding a vehicle license for a taxicab or taxicabs in
  which  a  driver or drivers have been found to have committed violations
  of paragraphs one, two or three of subdivision a of this section, or any

  combination thereof, is found not to have made a reasonable  good  faith
  effort  to  deter  such  violation,  the  owner  shall  be  liable for a
  violation of paragraph one of this subdivision as follows:
    (i)  for  the  second  violation  of  paragraphs  one, two or three of
  subdivision a of this section, or any combination thereof, committed  in
  a  taxicab  or  taxicabs  for which the owner holds a vehicle license or
  licenses, the commission shall fine the owner two hundred dollars;
    (ii) for the third violation  of  paragraphs  one,  two  or  three  of
  subdivision  a of this section, or any combination thereof, committed in
  a taxicab or taxicabs for which the owner holds  a  vehicle  license  or
  licenses,  the commission shall fine the owner not less that two hundred
  dollars nor more than three hundred fifty dollars;
    (iii) for the fourth and each subsequent violation of paragraphs  one,
  two  or  three  of  subdivision  a  of  this section, or any combination
  thereof, committed in a taxicab or taxicabs for which the owner holds  a
  vehicle  license  or  licenses,  the commission shall fine the owner not
  less than three hundred fifty nor more than five hundred dollars;
    (iv) for the fifth and each subsequent violation  of  paragraphs  one,
  two  or  three  of  subdivision  a  of  this section, or any combination
  thereof, committed in a taxicab or taxicabs for which the owner holds  a
  vehicle  license  or  licenses, the commission shall suspend the vehicle
  license of the taxicab  used  in  the  commission  of  the  most  recent
  violation for a period not to exceed sixty days.
    For  purposes  of  this  paragraph,  the  obligation  to  have  made a
  "reasonable good faith effort" shall be  met  if  the  owner,  upon  the
  hiring  of  each  new  driver  and for all drivers, shall, at least once
  annually, distribute a copy  of  applicable  commission  rules  to  each
  driver  and  obtains  a  written receipt therefore. The commission shall
  supply owners with a copy of all such  applicable  rules.  In  addition,
  such  rules  shall  be  conspicuously posted by the owner at the owner's
  place of business so that they are readily visible to all drivers.
    3. The commission shall promulgate rules and regulations setting forth
  the procedure  for  an  administrative  adjudication  of  violations  of
  paragraph  one  of  this  subdivision, which shall include provision for
  notice and a hearing.
    e. The term "without justifiable ground" used in  paragraphs  one  and
  two  of  subdivision  a  of  this  section  shall  mean that standard of
  behavior which fails to conform to that  of  a  reasonable  and  prudent
  person  acting  in  compliance  with  any regulations promulgated by the
  commission.
    f. The commission may suspend or revoke the license of any person whom
  it determines has obtained a license by fraud or  false  representation,
  or willful misstatement or omission of a material fact.