Section 20-261. Denial of license or renewal, suspension and revocation  


Latest version.
  • a.  In  addition  to  any  of  the powers that may be exercised by the
      commissioner pursuant to this subchapter or chapter one of  this  title,
      the  commissioner,  after due notice and an opportunity to be heard, may
      suspend or revoke a pedicab business license upon the occurrence of  any
      one or more of the following conditions:
        1.  the  occurrence  of  fraud, misrepresentation, or false statements
      contained in the application for such license;
        2. the operation of a pedicab, owned by the  pedicab  business,  by  a
      pedicab  driver  who  does  not  have in full force and effect a pedicab
      driver license and a motor vehicle driver's license;
        3. the operation of a pedicab, owned by the pedicab business, that has
      not been inspected or that does not have affixed to  it  a  registration
      plate  or  replaceable  registration or tag decal as required by section
      20-255 of this subchapter; or
        4. violation by a pedicab business of any of the provisions of chapter
      one of this title, provisions  of  this  subchapter,  rules  promulgated
      pursuant  to  this  subchapter,  or  any  other  law  applicable  to the
      operation of a pedicab business.
        b. Notwithstanding subdivision a of this section, upon the  occurrence
      of any of the conditions set forth in subdivision a, if the commissioner
      determines  that  continued  possession  by a pedicab owner of a pedicab
      business license would  pose  an  exigent  danger  to  the  public,  the
      commissioner  may  suspend  such  pedicab business license, subject to a
      prompt post-suspension hearing.
        c. In addition to any of the powers  that  may  be  exercised  by  the
      commissioner  pursuant  to this subchapter or chapter one of this title,
      the commissioner, after due notice and an opportunity to be  heard,  may
      suspend  or  revoke  a pedicab driver license upon the occurrence of any
      one or more of the following conditions:
        1. the occurrence of fraud,  misrepresentation,  or  false  statements
      contained in the application for such license;
        2. the operation of a pedicab that has not been inspected or that does
      not  have affixed to it a registration plate or replaceable registration
      tag or decal as required by section 20-255 of this subchapter; or
        3. the violation by a pedicab driver  of  any  of  the  provisions  of
      chapter  one  of  this  title,  provisions  of  this  subchapter,  rules
      promulgated pursuant to this subchapter, or of any other law  applicable
      to the operation of a pedicab by such pedicab driver.
        d.  Notwithstanding subdivision c of this section, upon the occurrence
      of any of the provisions set forth in subdivision c of this section,  if
      the  commissioner  determines  that  continued  possession  by a pedicab
      driver of a pedicab driver license would pose an exigent danger  to  the
      public,  the  commissioner  may  suspend  such  pedicab  driver license,
      subject to a prompt post-suspension hearing.
        e. Any pedicab business that has been found, or pedicab driver who has
      been found,  to  have  committed  at  least  three  violations  of  this
      subchapter  within  any  twelve-month  period shall have its, his or her
      license suspended by the commissioner for a  period  of  not  less  than
      three  months.  For  purposes  of  this subdivision only, all violations
      committed on any one day shall constitute a single violation.
        f. Notwithstanding the provisions of subdivision e  of  this  section,
      any pedicab business that has been found, or pedicab driver who has been
      found,  to  have  committed  at least five violations of this subchapter
      within any twelve month period  shall  have  its,  his  or  her  license
      revoked  by the commissioner. For purposes of this subdivision only, all
      violations committed on any one day shall constitute a single violation.
    
        g. A pedicab business that, or pedicab driver who, has had its, his or
      her license revoked, in accordance with this section may not apply for a
      new license for three years from the date of revocation.