§ 102-65. Revocation; hearing.

(a)

A certificate shall constitute a franchise from the town for the operation of taxicabs within the town subject to the provisions of this division and the terms of the certificate. However, the board of commissioners shall have authority to revoke a certificate in its discretion, for the following reasons:

(1)

Failure to operate the taxicabs specified in the certificate, or other taxicabs substituted therefor, in such manner as to serve the public adequately.

(2)

Failure to maintain taxicabs in good order and repair.

(3)

Failure to maintain insurance as required by this division.

(4)

Failure to pay taxes due the town for the operation of taxicabs.

(5)

Repeated and persistent violation of traffic and safety ordinances by the owner of the certificate.

(6)

Failure to report any accident as herein required.

(7)

Willful failure to comply with any provision of this division.

(8)

Failure to comply with any law or ordinance regulating the operation of taxicabs within the town.

(9)

If the owner has been convicted of a felony or violation of any federal or state statute relating to the possession or sale of intoxicating liquors or prostitution; or violation of any federal or state statute relating to the use, possession, or sale of narcotic drugs; or repeated violation of traffic laws or ordinances; or becomes an habitual user of intoxicating liquors or narcotic drugs.

(b)

No certificate shall be revoked until the owner has had at least five days' notice by personal service or by registered mail of the charges against him and of the time and place of a hearing by the board thereon.

(1)

After hearing, and after a finding that the owner is guilty of one or more of the causes of revocation prescribed in this section, the owner may be ordered to suspend operation after notice by special order of the inspector of taxicabs with approval of the town manager upon any charge except that prescribed in subsection (a) of this section.

(2)

After the hearing, the board shall have the power to revoke a certificate or to condition revocation upon compliance with its order within any time fixed by it.

(Code 1985, § 113.21; Code 1999, § 98-72)

State law reference

Factors deemed sufficient for refusing to issue a permit or for revoking a permit already issued, G.S. 160A-304(a).