§ 20-261 Denial of license or renewal, suspension and revocation.
AC § 20-261
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 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 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.
1.Any pedicab driver who has been found to have committed: (i) one violation of paragraph 7 of subdivision b of section 20-259 within any twelve-month period shall have his or her pedicab drivers license suspended by the commissioner for a period of not less than three months.
(ii)two violations of paragraph 7 of subdivision b of section 20-259 within any twelve-month period shall have his or her pedicab drivers license revoked by the commissioner.
(iii)one violation of paragraph 6 of subdivision b of section 20-259 within any twelve-month period shall have his or her license revoked by the commissioner.
2.For purposes of this subdivision, all violations committed on any one day by any one pedicab shall constitute a single violation. f. Any pedicab business that has been found to have been in violation of section 20-255 at least one time within any twelve month period shall have its business license suspended by the commissioner for a period of not less than one month. Any pedicab business that has been found to have been in violation of section 20-255 at least three times within any twelve month period shall have its business license suspended by the commissioner for a period of not less than one year. 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. h. In addition to any of the powers that may be exercised by the commissioner pursuant to this subchapter, the commissioner, after due notice and an opportunity to be heard, may suspend, revoke, deny or refuse to renew a pedicab business license based on a determination that the number and/or type of violation or violations issued to drivers of pedicabs owned by such business indicate that the operation of such business poses a threat to public safety. i. Any pedicab that is found in violation of paragraph 4, paragraph 5 or paragraph 9 of subdivision a of section 20-254 three times or more within any twelve month period shall have its registration suspended by the commissioner for a period of not less than one year and such pedicab shall not be operated during such period. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/053.
