Chapter 5.12
TAXICABS
Sections:
5.12.030 DUTIES OF POLICE CHIEF.
5.12.040 CERTIFICATES REQUIRED, TERM AND RENEWAL.
5.12.050 TAXICAB BUSINESS CERTIFICATE - APPLICATION.
5.12.060 OWNER RESPONSIBILITIES - OPERATIONS AND NOTIFICATION.
5.12.070 VEHICLE MAINTENANCE - INSPECTION.
5.12.090 NAME OF OWNER DISPLAYED ON VEHICLE.
5.12.100 ISSUANCE OF TAXICAB BUSINESS CERTIFICATE.
5.12.110 TAXICAB DRIVER’S CERTIFICATE - APPLICATION.
5.12.120 ISSUANCE OF TAXICAB DRIVER’S CERTIFICATE.
5.12.130 DRIVER TO FURNISH RECEIPT ON DEMAND.
5.12.140 NO SMOKING IN TAXICABS.
5.12.150 CRIMINAL BACKGROUND CHECKS.
5.12.170 CERTIFICATES AND LICENSES - DENIAL, SUSPENSION, AND REVOCATION.
5.12.180 ADDITIONAL ENFORCEMENT.
5.12.010 DEFINITIONS.
For the purposes of this chapter, words and phrases used in this chapter mean as follows:
(a) "Certificate holder" means any person as defined herein required to obtain a taxicab business certificate or a taxicab driver’s certificate under the provisions of this chapter.
(b) "City" means the City of Bremerton.
(c) "Compensation" means remuneration or anything of economic value that is provided, promised, or donated primarily in exchange for services rendered. This includes but is not limited to voluntary donations, fee-sharing between a taxicab association or transportation network company and an affiliated driver, or other similar consideration.
(d) "Driver" means any person, whether agent, employee, contractor, subcontractor or lessee authorized to operate or physically engage in driving a taxicab carrying passengers or baggage for hire, whether or not such person is the owner of or has any financial interest in the ownership of such vehicle; provided, however, that the provisions of this chapter shall not apply to drivers of motor vehicles operated by any municipal or privately owned, licensed nonprofit transit system.
(e) "Operate" or "engage in the business of operating any taxicab" means the pickup and transportation of any fare-paying passenger or baggage from a point within the geographical confines of the City, whether or not the vehicle is dispatched from within any other municipal corporation, and whether or not the ultimate destination or route of travel is within the confines of the City; provided, that nothing in this chapter shall be construed to apply to taxicabs licensed by any other municipal corporation and transporting passengers from a point within the licensing municipality to a destination outside thereof, whether or not the ultimate destination or route traveled is within the City.
(f) "Owner" means any person owning a taxicab and/or a taxicab business who is required to obtain certificates for taxicabs under the provisions of this chapter. In the case of a business entity, "owner" includes all officers, directors, shareholders, general partners, limited partners and managing partners of the entity, all persons vested with authority to manage or direct the affairs of the legal entity or to bind the legal entity in dealings with third parties, and all persons who have any ownership interest.
(g) "Person" includes an individual, a corporation, a partnership, any unincorporated association, or legal entity. In the case of a business entity, "person" includes all officers, directors, shareholders, general partners, limited partners and managing partners of the entity, all persons vested with authority to manage or direct the affairs of the legal entity or to bind the legal entity in dealings with third parties, and all persons who have any ownership interest.
(h) "Sightseeing vehicle" or "charter bus" means every motor vehicle held for public hire as a common carrier, used primarily for sightseeing purposes and generally over a fixed route for a stipulated consideration per trip.
(i) "Special service vehicle" means a vehicle equipped to accommodate and which is used for the transportation of developmentally disabled persons as herein defined; the term "developmentally disabled" means any person who is physically or mentally disabled and who is transported by vehicle in a wheelchair.
(j) "Taxicab," also known as a for-hire vehicle, means every motor vehicle held for public hire as a common carrier, usually for transportation of individuals, subject to call by the public generally or other form of solicitation; and the fare is based on an amount recorded and indicated on a taximeter, or on a special fare rate or contracted agreement, a flat rate or any other compensation for the transportation of individuals as defined herein. "Taxicab" includes sightseeing vehicles and special service vehicles. "Taxicab" does not include vehicles operated by or through a transportation network company as defined herein.
(k) "Transportation network company (TNC)" means a person or entity that provides application dispatch services to connect TNC drivers with passengers for the transport of passengers. "Application dispatch services" is any technology that allows consumers to directly request, via the Internet or other means, dispatch of for-hire drivers for trips. (Ord. 5296 §1, 2016: Ord. 5254 §1 (part), 2014)
5.12.020 PURPOSE.
This chapter is an exercise of the City’s power to certify, control and regulate privately operated taxicab transportation services within the City. These regulatory purposes, without limitation, include protection of the public health, safety and welfare as it relates to taxicab transportation service within the City. (Ord. 5254 §1 (part), 2014)
5.12.030 DUTIES OF POLICE CHIEF.
(a) The examining of the qualifications of applicants to operate taxicab businesses and applicants to drive taxicabs, the certifying of taxicab businesses and taxicab drivers, and the enforcing of the provisions of this chapter shall be under the supervision of the Chief of Police (hereafter referred to as "Chief"). All references to the "Chief" in this chapter shall include the Chief of Police and his or her designee.
(b) The Chief is authorized to promulgate rules and regulations for the operation of taxicabs consistent with the terms of this chapter.
(c) The Chief shall have authority and discretion to interpret, administer and enforce the provisions of this chapter. (Ord. 5254 §1 (part), 2014)
5.12.040 CERTIFICATES REQUIRED, TERM AND RENEWAL.
(a) Owner. Any owner who engages in the business of operating any taxicab in the City must obtain a:
(1) State of Washington for-hire certificate as required by RCW 46.72.070;
(2) City general business license as required by Chapter 5.02 BMC; and
(3) Taxicab business certificate as required pursuant to the provisions of this chapter.
(b) Driver. All taxicab drivers must obtain a taxicab driver’s certificate pursuant to this chapter.
(c) It is unlawful for any owner to allow operation of its taxicab in the City without having first obtained the licenses and certificates required by this chapter and it is unlawful for any driver to operate a taxicab without having first obtained a taxicab driver’s certificate as required by this chapter. Issuance or renewal of a general business license, taxicab business certificate and/or taxicab driver’s certificate required by this chapter is subject to compliance with the provisions of this chapter.
(d) All certificates issued under this chapter shall expire on December 31st of each year. Certificates must be renewed by the certificate holder by making application therefor with the Chief by December 15th for the new certificate to be effective by the first of the succeeding year. Certificate renewal is subject to the Chief’s review in the same manner as the original application.
(e) The provisions of this chapter shall not apply to motor vehicles operated by any municipal or privately owned, licensed nonprofit transit system. (Ord. 5254 §1 (part), 2014)
5.12.050 TAXICAB BUSINESS CERTIFICATE - APPLICATION.
(a) Applications. Applications for taxicab business certificates shall be made by the owner thereof upon forms to be furnished by the Chief.
(b) For-Hire Certificate. Applicants must provide proof of any applicable valid state for-hire certificate or license.
(c) Taxicab Business Certificate. The applications shall contain:
(1) The full name and address of the owner;
(2) The type of each vehicle and each vehicle’s passenger-carrying capacity;
(3) The vehicle registration with the proper "cab" or "for-hire" endorsement;
(4) Certificate of insurance pursuant to subsection (d) of this section;
(5) Authorization for the Chief to review the applicant’s driving record and criminal history pursuant to BMC 5.12.150; and
(6) Any other information deemed necessary by the Chief.
(d) Insurance. Applicants shall submit a certificate of insurance to the City at the time of application with the following requirements:
(1) Insurance coverage must comply with Chapter 46.72 RCW as now or hereafter amended. In addition, in the event the applicant leases its for-hire vehicles, the applicant shall file proof of insurance coverage of all of applicant’s lessees.
(2) Such insurance coverage must name the City as an additional insured.
(3) Such insurance shall be maintained in full force and effect for the full period to be covered by the certificate, and failure to do so shall result in automatic suspension.
(e) Denial, Suspension, or Revocation. A certificate may be denied, suspended, or revoked to any person or business, as provided in BMC 5.12.170. (Ord. 5254 §1 (part), 2014)
5.12.060 OWNER RESPONSIBILITIES - OPERATIONS AND NOTIFICATION.
(a) The owner must ensure the taxicab is being operated only by a driver who holds a valid taxicab driver’s certificate and a valid Washington State driver’s license.
(b) The owner must provide the Chief with a list of all drivers prior to those drivers operating the owner’s taxicabs, whether the drivers are employees or lessees.
(c) The owner must maintain a business address and a mailing address where the owner can accept mail, and a business telephone in working order that can be answered at least 9:00 a.m. to 5:00 p.m., Monday through Friday, and during all hours of operation. The taxicab office or dispatch center may suffice for this requirement.
(d) The owner shall comply with all requirements for taxicabs within this chapter.
(e) The owner must notify the Chief within three (3) working days of learning of the following occurrences:
(1) Any conviction or other final adverse finding, including diversion agreements resulting from criminal charges, received by the taxicab driver for any criminal offense;
(2) Any vehicle accident required to be reported to the State of Washington involving any taxicab operated by the taxicab driver;
(3) Any restriction, suspension, or revocation of the taxicab driver’s state motor vehicle driver’s license;
(4) The hiring, leasing or termination of any driver of its taxicabs, whether employee or lessee; or
(5) Any change in vehicles or registration of vehicles. (Ord. 5254 §1 (part), 2014)
5.12.070 VEHICLE MAINTENANCE - INSPECTION.
(a) Each taxicab shall be equipped and maintained at all times by the owner for safety, cleanliness and lawful operation in accordance with the laws of the City and the state and shall be furnished with such equipment as the Chief shall deem necessary for such safe operation.
(b) The Chief may perform an initial check of each taxicab prior to issuing a taxicab business certificate and a vehicle decal to ensure each vehicle has appropriate basic safety features and to confirm the vehicle identification number, and may perform similar annual checks of each taxicab.
(c) No taxicab shall be issued a permit unless there is installed therein a taximeter capable of mechanically calculating the rates for hire; provided, that the Chief may, for good cause shown, waive the requirement for installation of the taximeters.
(d) The taxicab owner shall maintain vigilance over such vehicle to see that it is kept in a condition of continued fitness for public use. The police department may inspect all taxicabs on the complaint of any citizen, or from time to time as may be deemed necessary. If the police department has cause to believe a taxicab is not in a condition safe for the transportation of passengers, the Chief may order an inspection by an independent certified mechanic at the owner’s expense. (Ord. 5254 §1 (part), 2014)
5.12.080 VEHICLE DECAL - FEE.
(a) Upon completion of the appropriate form and payment of the fee set forth in subsection (c) of this section, and approval of the taxicab business application by the Chief, the Chief shall deliver to the applicant one (1) decal for each vehicle that will operate under the taxicab business certificate; the decal shall be of such size and form as may be prescribed by the Chief.
(b) The vehicle decal shall be displayed on the rear bumper of each vehicle to the left of the license plate.
(c) The decal fee shall be as set forth in Chapter 3.01 BMC per annum for each taxicab issued a decal. In the case of decals issued on or after July 1st of each year, one-half of the annual fee shall be paid. Such decal shall not be transferable. (Ord. 5254 §1 (part), 2014)
5.12.090 NAME OF OWNER DISPLAYED ON VEHICLE.
Every taxicab operating under the provisions of this chapter shall have the name of its owner plainly printed in letters at least two (2) inches in height in a conspicuous place on each side of the vehicle. When one (1) company or individual owns or operates multiple taxicabs, each taxicab shall display its owner’s name in uniform lettering. (Ord. 5254 §1 (part), 2014)
5.12.100 ISSUANCE OF TAXICAB BUSINESS CERTIFICATE.
(a) Upon satisfactory fulfillment of the requirements set forth in this chapter, including approval by the Chief, there shall be issued to the applicant a certificate by the Chief. Taxicab business certificates shall be issued for the calendar year.
(b) The fee for a taxicab business certificate shall be as set forth in Chapter 3.01 BMC.
(c) The certificate shall not be transferable. (Ord. 5254 §1 (part), 2014)
5.12.110 TAXICAB DRIVER’S CERTIFICATE - APPLICATION.
(a) Applications. Applications for taxicab driver’s certificates shall be made by any driver of a taxicab upon forms to be furnished by the Chief. The operation of a taxicab is a privilege, not a right. An applicant or certificate holder’s ability to satisfy stated criteria for a taxicab business certificate does not create a right to a taxicab driver’s certificate.
(b) Driver’s Certificate. Every person driving a taxicab must be certificated as such. Each applicant for a driver’s certificate shall:
(1) Be licensed by the State of Washington to drive a vehicle;
(2) Be twenty-one (21) years of age or over;
(3) Be able to speak, read, and write the English language;
(4) Operate the taxicab with due regard for the safety, comfort, and convenience of passengers;
(5) Provide proof of insurance as required under state law if the driver will be a taxicab lessee not covered under the taxicab owner’s insurance;
(6) Fill out upon a blank form to be provided by the Chief a statement giving his or her full name; address; age; height; color of eyes and hair; place of birth; whether the applicant has ever been convicted of a felony or a misdemeanor; whether the applicant has been previously licensed or certificated as a driver or chauffeur, and if so, when and where; whether his or her license or certificate has ever been suspended or revoked and for what cause; and any other information deemed necessary by the Chief; and shall sign and swear to such statement and file it with the Chief; and
(7) Every applicant must file with their application two (2) recent photographs of himself or herself of a size designated by the Chief and which may be easily attached to his or her certificate, one (1) of which shall be so attached when issued; the other shall be filed with the application. The photograph shall be so attached to the certificate that it cannot be removed and another photograph substituted without probability of detection; and
(8) Authorization for the Chief to review the applicant’s driving record and criminal history pursuant to BMC 5.12.150; and
(9) Any other information deemed necessary by the Chief.
(c) Denial, Suspension or Revocation. A taxicab driver’s certificate may be denied, suspended or revoked as provided in BMC 5.12.170. (Ord. 5254 §1 (part), 2014)
5.12.120 ISSUANCE OF TAXICAB DRIVER’S CERTIFICATE.
(a) Upon satisfactory fulfillment of the requirements set forth in this chapter, including approval by the Chief, there shall be issued to the applicant a certificate by the Chief, which shall be in such form as to contain the photograph and signature of the certificate holder. Taxicab driver’s certificates shall be issued for the calendar year.
(b) The fee for a driver’s certificate shall be as set forth in Chapter 3.01 BMC.
(c) The certificate shall not be transferable.
(d) The certificate must be conspicuously displayed within the taxicab at all times the driver is operating the taxicab. (Ord. 5254 §1 (part), 2014)
5.12.130 DRIVER TO FURNISH RECEIPT ON DEMAND.
If demanded by the paying passenger, the driver in charge of the taxicab shall deliver to such passenger a receipt in legible type or writing containing the name of the owner, any items for which a charge is made, the total amount paid, and the date of payment. (Ord. 5254 §1 (part), 2014)
5.12.140 NO SMOKING IN TAXICABS.
Taxicab drivers must ensure that no person, including the taxicab driver, smokes cigarettes, e-cigarettes, vapor cigarettes, pipes, cigars, marijuana, or any other item within the taxicab. (Ord. 5254 §1 (part), 2014)
5.12.150 CRIMINAL BACKGROUND CHECKS.
(a) All applicants for a taxicab business certificate, including all owners as defined in BMC 5.12.010, and all applicants for a taxicab driver’s certificate, including all drivers as defined in BMC 5.12.010, must consent to be fingerprinted for criminal background checks. Pursuant to RCW 35.21.920, the Chief may request a state and nationwide background check of each applicant at the time of the applicant’s initial application and during each certificate renewal thereafter. The applicant shall submit fingerprints to the Washington State Patrol, who will then conduct a state background check and forward the fingerprints to the Federal Bureau of Investigation for the nationwide background check. Applicants shall be assessed both a state and nationwide background check fee sufficient to cover the costs of the background checks. The criminal background check fee shall be nonrefundable and payable to the Washington State Patrol, at the time the background checks are requested and the fingerprints are provided. The applicant shall also be responsible for paying a fee for each fingerprinting as set forth in Chapter 3.01 BMC.
(b) Upon receipt of the fingerprints and the appropriate criminal background check fees, pursuant to RCW 35.21.920, the Washington State Patrol will compare the applicant’s fingerprints against its criminal database and submit the fingerprints to the Federal Bureau of Investigation for a comparison with nationwide records. The results will be sent directly to the City for review. (Ord. 5254 §1 (part), 2014)
5.12.160 PENALTY.
In addition to or as an alternative to any other penalty provided herein, any certificate holder, person, or business that violates any provision of this chapter is subject to the following:
(a) Infraction. The following infractions shall be punishable by a civil penalty of one hundred twenty-five dollars ($125.00).
(1) Failure to obtain, renew, and/or maintain any certificates required by this chapter, other than a Washington State driver’s license.
(2) To operate, or allow to be operated, a taxicab that does not have required insurance.
(3) To operate, or allow to be operated, a taxicab that does not have required vehicle registration with the proper "cab" or "for-hire" endorsement.
(4) To operate, or allow to be operated, a taxicab that does not have displayed a decal as specified in BMC 5.12.080.
(5) For a taxicab driver to operate a taxicab without a valid taxicab driver’s certificate as specified in this chapter.
(6) Failure to comply with any provision of this chapter.
(b) Misdemeanor.
(1) Any second or subsequent violation of subsection (a) of this section within a six (6) month period shall be a misdemeanor pursuant to BMC 1.12.020(2).
(2) For a driver to operate a taxicab, or an owner to allow a driver to operate a taxicab, after the driver’s certificate has been denied, suspended, or revoked shall be a misdemeanor pursuant to BMC 1.12.020(2).
(3) For an owner to allow operation of its taxicab after a taxicab business owner certificate has been denied, suspended, or revoked shall be a misdemeanor pursuant to BMC 1.12.020(2).
(4) Operation of a taxicab by a driver without a valid Washington State driver’s license, or when the driver’s Washington State driver’s license is suspended, shall be a gross misdemeanor pursuant to BMC 1.12.020(1).
(c) Each day for which a violation occurs shall constitute a separate offense. (Ord. 5254 §1 (part), 2014)
5.12.170 CERTIFICATES AND LICENSES - DENIAL, SUSPENSION, AND REVOCATION.
(a) Generally.
(1) Any application for the issuance or renewal of a taxicab business certificate or a taxicab driver’s certificate issued under this chapter may be denied, and any certificate issued under this chapter may be suspended or revoked based on one (1) or more failures to comply with the requirements of this chapter or based on one (1) or more violations of the requirements of this chapter as well as the provisions set forth below.
(2) The Chief shall have the power and authority to deny, suspend or revoke any certificate required under the provisions of this chapter. The Chief shall notify such applicant or certificate holder in writing by certified mail or personal service of the denial, suspension or revocation of his or her certificate application or certificate and the grounds therefor. The suspension or revocation of a certificate shall be effective as set forth in BMC 5.12.190. The denial, suspension or revocation of a certificate may be appealed pursuant to BMC 5.12.190.
(3) Failure to comply with the provisions of this chapter may result in the denial or revocation of a general business license pursuant to BMC 5.02.180.
(b) Taxicab Business Certificate. A taxicab business certificate may be suspended or revoked or an application denied, in the sole discretion of the Chief, if the applicant, certificate holder or any of its owners does any of the following:
(1) Allows any person to drive a taxicab which is not in safe condition;
(2) Allows a driver to operate owner’s taxicab when insufficiently covered by insurance under state law;
(3) Makes any false statement on the application or omits information required on the application;
(4) Owns a taxicab that is engaged in business at any time when its driver does not have a valid taxicab driver’s certificate;
(5) Owns a taxicab that is engaged in business at any time when it does not have a proper or valid taxicab vehicle license or registration;
(6) Operates or permits the operation of the taxicab while the driver is using or in possession of alcohol or controlled substances;
(7) Falsifies or omits any record, document or information required to be kept or submitted to the City by this chapter, or by rule or regulation prescribed thereunder;
(8) At any time fails to meet the qualifications for a taxicab business certificate under this chapter, in the discretion of the Chief;
(9) Violates any of the ordinances of the City or laws of the state, the violation of which reflects unfavorably on the fitness of the certificate holder to offer public transportation;
(10) Exhibits or has exhibited past behavior from which the Chief could reasonably conclude that the applicant or certificate holder does not possess the skill, care or judgment necessary to operate a taxicab business with due regard for the safety of passengers and the public at large or does not possess the trust and honesty necessary in operating a taxicab business. In making this determination, the Chief may consider the following:
(i) Whether the applicant, certificate holder or any owner has been convicted of violating any law or ordinance reasonably related to the applicant’s or certificate holder’s fitness or ability to operate a taxicab business, such as laws or ordinances pertaining to alcohol, controlled substances, prostitution, gambling, physical violence, fraud, larceny, extortion, theft, racketeering, or any crime of moral turpitude;
(ii) Any other record and/or reputation as to the applicant or certificate holder being law-abiding;
(iii) The applicant’s or certificate holder’s business experience and the nature and kind of occupation or business in which the applicant or certificate holder has previously been engaged;
(iv) The manner in which an applicant or certificate holder has previously conducted business; or
(v) Any other conduct exhibited by the applicant or certificate holder which would lead the Chief to reasonably conclude that the applicant, certificate holder or any owner is dishonest or immoral, or desires such certificate to enable said person or entity to engage in a dishonest, unlawful, or immoral act, practice or enterprise;
(11) Violates any of the provisions of this chapter.
(c) Taxicab Driver’s Certificate. Any driver of a taxicab may have his or her taxicab driver’s certificate suspended or revoked or an application denied, in the sole discretion of the Chief, if the driver:
(1) At any time fails to meet the qualifications for a taxicab driver under this chapter;
(2) At any time has his or her state motor vehicle driver’s license suspended or revoked during the time period covered by the certificate;
(3) At any time drives a taxicab without insurance coverage as required under state law;
(4) At any time uses or is found to be in possession or consumption of controlled substances or alcohol while in control of or while operating any taxicab;
(5) At any time drives a taxicab without a valid taxicab driver’s certificate;
(6) Makes any false statement in his or her application or omits information required on the application;
(7) Fails, while operating or in control of a taxicab, to display identification or a decal with the information and in the manner and form required in this chapter;
(8) At any time exhibits conduct which would lead the Chief to reasonably conclude that the applicant or certificate holder does not possess the skill, care or judgment necessary to operate the taxicab with due regard for the safety, health, or welfare of passengers and the public at large;
(9) At any time exhibits conduct which would lead the Chief to reasonably conclude that the applicant or certificate holder does not possess the trust and honesty necessary in dealing with money and property of the public;
(10) At any time exhibits conduct which would lead the Chief to reasonably conclude that the applicant or certificate holder is immoral or desires such certificate to enable him to engage in an immoral act, practice or enterprise;
(11) Exhibits or has exhibited past behavior from which the Chief could reasonably conclude that the applicant or certificate holder does not possess the skill, care or judgment necessary to operate a taxicab with due regard for the safety of passengers and the public at large or does not possess the trust and honesty necessary in operating a taxicab. In making this determination, the Chief may consider the following:
(i) Whether the applicant or certificate holder has been convicted of violating any law or ordinance reasonably related to the applicant’s or certificate holder’s fitness or ability to operate a taxicab, such as laws or ordinances pertaining to alcohol, controlled substances, prostitution, gambling, physical violence, fraud, larceny, extortion, theft, racketeering, or any crime of moral turpitude;
(ii) Any other record and/or reputation as to the applicant or certificate holder being law-abiding; or
(iii) Any other conduct exhibited by the applicant or certificate holder which would lead the Chief to reasonably conclude that the applicant or certificate holder is dishonest or immoral, or desires such certificate to enable said person or entity to engage in a dishonest, unlawful, or immoral act, practice or enterprise; or
(12) Violates any of the provisions of this chapter. (Ord. 5296 §2, 2016: Ord. 5254 §1 (part), 2014)
5.12.180 ADDITIONAL ENFORCEMENT.
In lieu of or in addition to any enforcement of the provisions of this chapter, the City Attorney or designee shall, at his or her discretion, have authority to file an action in a court of competent jurisdiction to seek enforcement of this chapter, including, but not limited to, the cure or abatement of any violation and the assessment and collection of penalties, fees and costs. (Ord. 5254 §1 (part), 2014)
5.12.190 APPEALS.
(a) Any applicant or certificate holder may, within fourteen (14) calendar days from the date that the denial, suspension or revocation notice was mailed to the applicant or certificate holder, appeal from such denial, suspension or revocation by filing a written notice of appeal setting forth the grounds therefor with the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC. A filing fee as set forth in Chapter 3.01 BMC shall be submitted with the appeal, which filing fee is required to process the appeal. The hearing shall be conducted in accordance with the procedures for hearing contested cases set out in Chapter 2.13 BMC. After the hearing thereon the Administrative Hearing Examiner shall, after appropriate findings of fact and conclusions of law, affirm, modify, or overrule the denial, suspension or revocation and order issuance or reinstatement of the certificate, and may impose any terms thereupon.
(b) No suspension or revocation of a certificate issued pursuant to the provisions of this chapter shall take effect until fourteen (14) calendar days after service of the notice thereof by the Chief, and if an appeal is timely filed, the suspension or revocation shall be stayed pending final action by the Administrative Hearing Examiner. All certificates which are suspended or revoked shall be surrendered to the City on the effective date of such suspension or revocation.
(c) Notwithstanding subsection (b) of this section, a suspension or revocation of a certificate shall become effective immediately when the Chief determines that such suspension or revocation is in the best interest of the health, safety and/or welfare of the public.
(d) The decision of the Administrative Hearing Examiner shall be final. The applicant or certificate holder and/or the City may seek review of the decision by the Superior Court of Washington in and for Kitsap County within twenty-one (21) calendar days from the date of the decision. If review is sought as herein prescribed, the renewal or revocation shall be stayed pending final action by the Superior Court.
(e) When revoked, the certificate shall be canceled and immediately surrendered to the Chief. Upon revocation of any certificate as provided in this chapter, no portion of the certificate fee shall be refunded to the certificate holder.
(f) Upon denial or revocation, the person whose application was denied or certificate denied or revoked shall not be granted a similar certificate, upon any new application that may be made, for a period of ninety (90) calendar days from date of denial or revocation and, further, no similar certificate shall be issued until such person cures any defaults that resulted in the denial or revocation. (Ord. 5296 §3, 2016: Ord. 5254 §1 (part), 2014)