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G-1064 - 10/27/2015 - TAXI LICENSE - Ordinances Supporting Documents ITEM 'IO.C.4) PGA OF Oq 4. v 0 G O ti Co t!N T I \� AGENDA ITEM Regular Board of Trustees Meeting of October 27, 2015 SUBJECT: Limousine Ordinance FROM: .tames R. Krieger Jr., Chief of Police BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: Move to approve Ordinance 2015-LC-VEH-G-1064 amending Title 4, Business License Regulations, Chapter 10,Limousines. Background/History: The Village has regulated the licensing of limousines doing business within the Village of Oak Brook since February 20, 1962. The regulations established for limousines were included within Chapter 2 of"Title 4 of the Village Code. On March 8, 2011, the Village established Ordinance G-943, an ordinance amending Tile 4, by adding Chapter 10, to the Village Code for the exclusive purpose of regulating limousine driver's licenses. All regulatory references to limousines previously included in Chapter 2 of Title 4 of the Village Code were removed. The proposed amendments represent a comprehensive inclusive review of the ordinance in its entirety. Additionally, the proposed amendments establish public passenger vehicle regulations. These regulations will apply to all services providing transportation for passengers in motor vehicles, as that term is defined in the Illinois Vehicle Code, designed to carry eight or fewer passengers. The recommended amendments are consistent with comparable communities currently regulating public passenger service companies, vehicles and drivers. Recommendation: Approve Ordinance 2015-LC-VEH-G-1064 amending Title 4, Business License Regulations, Chapter 10, Limousines. CZ(5- ORDINANCE 2015-LC-VEH-G-1064 AN ORDINANCE AMENDING TITLE 4, CHAPTER 10 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATING TO PUBLIC PASSENGER VEHICLES OTHER THAN TAXICABS WHEREAS, Section 11-42-6 of the Illinois Municipal Code, 65 ILCS 5/11-42-6 ("Municipal Code', provides the Village of Oak Brook ("Village") the authority to license, tax, and regulate public passenger vehicles, including, without limitation, limousines and "ride-sharing service companies"; and WHEREAS, pursuant to the Municipal Code, the Village has adopted regulations and licensing requirements for limousines operated within the Village in Chapter 10 of Title 4 of the Village Code of the Village of Oak Brook, Illinois ("Village Code', in order to protect the safety and welfare of the Village's residents and those passing upon the Village's streets and ways ("Public Passenger Vehicle Regulations"); and WHEREAS, the Village President and the Board of Trustees have determined that the Public Passenger Vehicle Regulations should be amended to: (i) more efficiently administer the Public Passenger Vehicle Regulations; and (ii) regulate, in addition to limousines, others who provide public passenger services to ensure the safety of the public using such services; and WHEREAS, the Village President and Board of Trustees have determined that it is in the best interest of the Village and its residents to amend the Village Code as set forth in this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Amendment to Chapter 10 of Title 4 of the Village Code. Chapter 10, entitled, "Limousines," of Title 4, entitled "Business and License Regulations," of the Village Code shall be amended further, and shall read as follows: "Chapter 10 PUBLIC PASSENGER VEHICLES OTHER THAN TAXICABS 4-10-1: DEFINITIONS: Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms, for the purposes of this chapter shall have the meanings indicated in this section: LICENSE YEAR: The term for which a license issued pursuant to this chapter is effective, which term shall be from April 1 to March 31. OWNER: Every individual, person, trustee, partnership, association or corporation owning, leasing, operating or having the use or control of one or more public passenger vehicle in the village. Ordinance 2015-LC-VEH-G-1064 Public Passenger Service Licensing Amendment Page 2 of 12 PUBLIC PASSENGER DRIVER: All drivers of motor vehicles that pick up passengers in the Village and providing public passenger service. PUBLIC PASSENGER SERVICE: All services providing transportation for hire for passengers in a motor vehicles, as that term is defined in the Illinois Vehicle Code, designed to carry eight or fewer passengers. Notwithstanding anything to the contrary in the foregoing, public passenger service shall not include services: (i) devoted exclusively for funerals; (2) provided by a public transit authority or other public body or agency; (3) provided by interstate carriers licensed for the transportation of passengers by the Interstate Commerce Commission to the extent that regulation of such motor vehicles by the village is prohibited by federal law; (4) interstate carriers operating pursuant to, and in conformity with, a certificate of authority issued by the Illinois Commerce Commission; and (5) taxicabs regulated pursuant to Chapter 2 of this title. PUBLIC PASSENGER SERVICE COMPANY: Every individual, trust, partnership, association, firm, company, or corporation engaged in business as a proprietor, franchisor, or dispatcher of one or more public passenger vehicles. PUBLIC PASSENGER VEHICLE: All motor vehicles that picks up passengers in the Village and used to provide public passenger service. PUBLIC PASSENGER VEHICLE DRIVER'S LICENSE: That license issued to the driver of a public passenger vehicle, pursuant to section 4-10-5 of this chapter. PUBLIC PASSENGER VEHICLE LICENSE DECAL: That decal provided by the village upon issuance of a public passenger vehicle license pursuant to this chapter to be dis- played on each public passenger vehicle as evidence of license issuance. TAXICAB STAND: A place which has been designated by the village as reserved exclu- sively for the use of taxicabs. 4-10-2: PUBLIC PASSENGER SERVICE COMMISSIONER: A. The public passenger service commissioner shall perform all of the duties and functions of the public passenger service commissioner as provided in this chapter, including, but not limited to, the following: 1. Convening and presiding at certain hearings and meetings required by this chapter, and 2. Approving, denying, revoking and suspending licenses pursuant to the provisions of this chapter. B. The village manager shall be the public passenger service commissioner. The public passenger service commissioner may at any time appoint a deputy commissioner, who shall have the power to perform any of the duties of the public passenger service commissioner hereunder. 4-10-3: PUBLIC PASSENGER SERVICE COMPANY LICENSES: A. Public passenger service company license required. No public passenger service company shall pick up passengers within the village unless the public passenger service company first obtains a public passenger service company Ordinance 2015-LC-VEH-G-1064 Public Passenger Service Licensing Amendment Page 3 of 12 license from the village. Such public passenger service company licenses shall be valid for a license year, or such part thereof as remains at the time the license is granted, and shall be effective for the license year unless sooner suspended, terminated, or revoked. B. Public passenger service company license applications. 1. Application forms. All applications for a new public passenger service company license, or to renew a public passenger service company license, must be made in writing, to the village on forms provided by the village. 2. Applications for a new public passenger service company license or to renew a public passenger service company license that has been expired for one year or more. Any public passenger service company applying for a public passenger service company license for the first time, or to renew a public passenger service company license that has been expired for one year or more, must submit with its application the following non-refundable public passenger service company license application fee: a. $300.00 if the application is submitted prior to October 1st of the license year; and b. $150.00 if the application is submitted on or after October 1St but prior to April 1St of the license year. 3. Applications to renew a public passenger service company license that has not yet expired or has been expired for less than one year. A public passenger service company seeking to renew a public passenger service company license that has not yet expired, or has been expired for less than one year, may submit to the Village an application for such renewal on or after February 1St but prior to March 2nd preceding the applicable license rear. Applications for renewal will not be accepted prior to February 1'. All renewal applications submitted pursuant to this subsection must be submitted with the following non-refundable public passenger service company license renewal application fee: a. $150.00 if the application is submitted on or after February 1st but prior to February 16th immediately preceding the applicable license year; or b. $300.00 if the application is submitted on or after February 16th but prior to March 2nd immediately preceding the applicable license year. Applications to renew public passenger service company licenses pursuant to this subsection shall be due by March 1st immediately preceding the applicable license year. Any public passenger service company license renewal application submitted pursuant to this subsection 3 that is received by the village after March 1st immediately preceding the applicable license year shall be deemed late and must be accompanied with a late fee of $300.00 in addition to the public Ordinance 2015-LC-VEH-G-1064 Public Passenger Service Licensing Amendment Page 4 of 12 passenger service company license renewal application fee required by subsection 4-10-3.B.3.b of this code. 4. Application requirements. As part of an application for a new public passenger service company license or to renew such license, public passenger service companies must include the following as part of their application: a. A true statement of certain facts including, but not limited to: the state of incorporation of the public passenger service company if the company is a corporate entity; whether the company is organized and qualified to do business under the laws of the state if it is a corporate entity; the public passenger service company's principal place of business; the full names and addresses of the individuals who own the public passenger service company; whether the public passenger service company is a corporation, partnership or sole proprietorship; and the registered agent of the corporate public passenger service company. The full names, dates of birth and residential addresses of persons having an ownership interest of five percent (5%) or more in the public passenger service company shall be disclosed on the application; b. A certificate of insurance issued by a solvent company authorized to do business in the state and approved by the public passenger service commissioner, insuring the public passenger service company and owners of all public passenger vehicles for which licenses are sought, its drivers, and employees, for public liability and property damage, where applicable, workers compensation insurance. The insurance policy must satisfy the following requirements: i. The limits of liability shall be, with respect to each vehicle covered by such policy, not less than $2,000,000.000 combined single limit, each accident or such other amounts as required by law. Such policy of insurance shall provide for the payment and satisfaction of any final judgment rendered against the licensee or owner of such vehicle for both damage to property and for personal injury, including death. ii. The policy shall be endorsed to provide a 30 day advance written notice of any cancellation or expiration thereof to the village. C. Investigation of applicants for public passenger service company licenses. The village shall investigate, to the extent it deems necessary, the owner(s) of the applicant public passenger service company, including each officer, general partner, sole proprietor and all persons having an ownership interest of five percent (5%) or more of any such applicant. If this investigation reveals information showing any of the following, the application shall not be approved and no license shall be issued or renewed to the public passenger service company: 1. If any owner or officer, shareholder or director of the owner, has been convicted of a felony related to the public passenger service business or a similar business within the past 10 years; Ordinance 2015-LC-VEH-G-1064 Public Passenger Service Licensing Amendment Page 5 of 12 2. The owner or an officer, shareholder or director of the owner, has been convicted of any business-related felony or misdemeanor within the past five years; or 3. The owner or officer, shareholder or director of the owner, has misrepresented or omitted material facts in the application for a license. D. Requirements on public passenger service company licensees. All public passenger service company licensees shall comply with the following requirements at all times during a license year: 1. Public passenger service company licensees shall license, or cause to be licensed, each individual public passenger vehicle that it operates, or that is operated on its behalf, and that picks up passengers within the village in accordance with this chapter. 2. Public passenger service company licensees must maintain insurance policies consistent with the requirements of Section 4-10-3.B.4.b of this code during the entire license year. a. In the event that a final judgment or claim has been paid by any indemnitor or insurance policy, as a result of which the amount of insurance held by a public passenger service company no longer satisfies the minimum amount of coverage required to be maintained pursuant to Section 4-10-3.B.4.b of this code, the public passenger service company's license, and all public passenger vehicle licenses and public passenger drivers' licenses issued to public passenger vehicles and drivers associated with that public passenger service company, shall immediately terminate. b. In the event that a public passenger service company's insurance policy terminates or expires, the public passenger service company's license, and all public passenger vehicle licenses and public passenger drivers' licenses issued to public passenger vehicles and drivers associated with that public passenger service company, shall immediately terminate. c. In the event that a public passenger service company's license, and the public passenger vehicle licenses and the public passenger drivers' license associated with that public passenger service company, terminate pursuant to this subsection 4-10- 3.D.2, such licenses shall be subject to reinstatement by providing the village a new certificate of insurance that satisfies all of the requirements of subsection 4-2-3.B.4.b of this code. 3. All licensed public passenger service companies shall provide proof of automobile liability insurance for each public passenger vehicle registered pursuant to this chapter. Such proof of insurance must be carried in each individual public passenger vehicle licensed pursuant to this chapter at all times and shall be made available to any person involved in an accident at the time of such accident. 4. Public passenger service companies having public passenger vehicles operated by independent contractors must cause each public passenger driver to provide proof of automobile liability insurance for each public Ordinance 2015-LC-VEH-G-1064 Public Passenger Service Licensing Amendment Page 6 of 12 passenger vehicle registered pursuant to this chapter or provide the required insurance on behalf of such independent contractor. E. Responsibility for actions of public passenger vehicles and drivers. The public passenger service company licensee shall be responsible for the acts, omissions and general conduct of persons operating a public passenger vehicle for, on behalf of, or with the permission of, such public passenger service company. The public passenger service company shall, periodically during the license year, determine if its public passenger drivers continue to meet the qualifications set forth in this chapter and shall promptly inform the village of the names of any such drivers who fail to so qualify. F. Changes in principal place of business. If a public passenger service company licensee changes its principal place of business, it shall promptly notify the village in writing. G. Public passenger service company licenses non-transferable and non- assignable. Public passenger service company licenses issued pursuant to this chapter are non-transferable and non-assignable. If ownership of a public passenger service company licensee is conveyed to a new owner, the new owner must apply for a new public passenger service company license in its name in accordance with the procedures and standards set forth in this Section 4-10-3. H. Any limousine company license issued by the Village for the license year beginning April 1, 2015 and ending on March 31, 2016 that is still in effect on October 27, 2015 shall be deemed a public passenger company license for remaining license year, and holders of such limousine company licenses must comply with all requirements that are applicable to public passenger companies licensed pursuant to this chapter. 4-10-4: PUBLIC PASSENGER VEHICLE LICENSES; VEHICLE REQUIREMENTS: A. Public passenger vehicle license required. No public passenger vehicle shall pick up passengers within the village unless the village issues a public passenger vehicle license to the vehicle for the license year. Public passenger vehicle licenses shall be valid for a license year, or such part thereof as remains at the time the license is granted, and shall be effective for the license year unless sooner suspended, terminated, or revoked. B. Public passenger vehicle license applications. 1. Application forms. All applications for a public passenger vehicle license, or to renew a public passenger vehicle license, must be made in writing to the village on forms as reasonably required and approved of by the public passenger service commissioner. 2. Application fees. Anybody applying for a new public passenger vehicle license or to renew such license must submit with its application the following non-refundable application fee: a. $25.00 if the application is submitted preceding the applicable li- cense year. b. $25.00 if the application is submitted prior to October 1st of the li- cense year; or Ordinance 2015-LC-VEH-G-1064 Public Passenger Service Licensing Amendment Page 7 of 12 C. $15.00 if the application is submitted on or after October 1s' but prior to April 1s of the license year. 3. Application requirements. As part of an application for a public passenger vehicle license, applicants must include the following information as part of its application: a. The year, make, and color of the public passenger vehicle; b. Name, address and telephone number of the public passenger vehicle owner; and C. Written certification that required safety inspections of the public passenger vehicle have been completed not more than 30 days prior to the date of the application and that such inspections find the public passenger vehicle to be safe. C. Vehicle inspection. 1. Every public passenger vehicle operated by a public passenger service company shall pass mechanical inspection tests as specified by the village. The inspections must take place not more than 30 days prior to application for a public passenger vehicle license or the renewal of such license. The inspections must take place at a firm or firms designated from time to time by the village. The expense for such inspection shall be that of the licensee. No license shall be issued for any public passenger vehicle that fails to meet this inspection requirement. The public passenger service commissioner shall maintain a list of private firms which are authorized to perform vehicle safety (mechanical) inspections. 2. All public passenger vehicle licensed by the village are subject to periodic inspection by the village police department, as required by the public passenger service commissioner, and the public passenger service company shall promptly upon notice from the police department make said public passenger vehicle available for inspection. D. Identification of public passenger vehicles. Every public passenger vehicle licensed by the village shall display the public passenger vehicle license sticker and driver's license. 1. The public passenger license decal shall be affixed to the rear facing window of the vehicle. 2. A copy of the public passenger driver's license shall be displayed inside the vehicle in a location visible to customers. E. Public passenger vehicle requirements. The condition of public passenger vehicle licensed by the village shall be as follows: 1. Condition. Every public passenger vehicle shall be maintained in a safe condition at all times. If any public passenger vehicle shall become unsafe for operation or if its body or seating facilities shall become damaged or deteriorated in a manner that renders the public passenger vehicle unfit for public use, the public passenger service commissioner may, after a hearing, suspend the license issued to the public passenger service company operating that vehicle or suspend that public passenger vehicle license, until the vehicle is made safe for use by the public or replaced with a vehicle that complies with this chapter. Ordinance 2015-LC-VEH-G-1064 Public Passenger Service Licensing Amendment Page 8 of 12 2. Doors. All doors of every public passenger vehicle shall have functional interior door handles and latches. 3. Exterior requirements. The public passenger vehicle's exterior appearance including paint, and chrome shall be in good condition and free from excessive rust. 4. Interior requirements. The public passenger vehicle's interior shall be kept clean, sanitary and the upholstery shall be in good repair. 5. Seatbelts. Each public passenger vehicle shall provide seat belts for each passenger, provide entrances and exits free of interior barriers and have a sufficient number of exits to permit every passenger and the driver to exit from the vehicle in the event that one side of the vehicle is rendered impassible as the result of an accident, safety conditions or otherwise. F. Public passenger vehicle licenses non-transferable. Public passenger vehicle licenses issued pursuant to this chapter are non-transferable and non- assignable. If a public passenger service company substitutes another public passenger vehicle for any public passenger vehicle licensed with the village pursuant to this section, or adds any additional public passenger vehicles to the list of licensed public passenger vehicles, the public passenger service company must license such substitute or additional public passenger vehicles with the village pursuant to this section. G. Any limousine vehicle license issued by the Village for the license year beginning April 1, 2015 and ending on March 31, 2016 that is still in effect on October 27, 2015 shall be deemed a public passenger vehicle license for remaining license year, and holders of such limousine vehicle licenses must comply with all requirements that are applicable to public passenger vehicles licensed pursuant to this chapter. 4-10-5: PUBLIC PASSENGER DRIVER'S LICENSE: A. Public passenger driver's license required. In addition to other requirements of this chapter, no public passenger driver shall pick up or solicit passengers within the village unless the village issues a public passenger driver's license to the driver for the license year. No public passenger driver's license shall be issued unless the requirements relating to public passenger service companies set forth in section 4-10-3 of this chapter and the requirements related to public passenger vehicles in section 4-10-4 of this chapter have been satisfied. Public passenger driver's licenses shall be valid for a license year, or such part thereof as remains at the time the license is granted, and shall be effective for the license year unless sooner suspended, terminated, or revoked. B. Public passenger driver's license applications. 1. Application forms. All applications for public passenger driver's licenses, or to renew a public passenger driver's license, must be made in writing to the village on forms as reasonably required and approved of by the public passenger service commissioner. 2. Application fees. Anybody applying for a new public passenger driver's license or to renew such license must submit with its application the following non-refundable application fee: Ordinance 2015-LC-VEH-G-1064 Public Passenger Service Licensing Amendment Page 9 of 12 a. $50.00 if the application is submitted preceding the applicable li- cense year. b. $50.00 if the application is submitted on or after April Vt but prior to October 1st of the license year; or C. $25.00 if the application is submitted on or after October 1st but prior to April 1 s of the license year. 3. Application requirements. As part of an application for a public passenger driver's license, applicants must include the following information as part of its application: a. A true statement of certain facts including, but not limited to, the name and address of the driver, the age and date of birth of the driver, the driving convictions of the driver, the type and class of driver's license of the driver, convictions for the use, possession or sale of controlled substances, cannabis, intoxicating compounds or alcoholic liquor, any felony or misdemeanor convictions of the driver-applicant, the home address and telephone number of the driver. All such information shall be provided under oath. b. The applicant's driving abstract obtained from and certified by the Illinois secretary of state's office dated not more than 30 days prior to the submittal of the application for a license. C. A photograph of the applicant, which photo shall clearly and accurately show the applicant's face and shoulders. C. Investigation of applicants for public passenger driver's licenses. The police chief or his designee shall investigate the applicant for a public passenger driver's license. If this investigation or the application materials reveal that the statements made as part of the application are inaccurate or reveal information showing any of the following, the public passenger service commissioner shall not issue a public passenger driver's license to the applicant: 1. The applicant has been convicted of a forcible felony; 2. The applicant is registered in the Illinois Sex Offender database or similar database in another state or country; 3. The applicant is registered in the Illinois Murderer and Violent Offender Against Youth database or a similar database in another state or country; 4. The applicant has been convicted of a felony criminal offense within the past 10 years; 5. The applicant has been convicted of a misdemeanor criminal offense within the past five years; 6. The applicant has been convicted of driving under the influence of a controlled substance, cannabis, an intoxicating compound or alcoholic liquor under Illinois law as amended from time to time or similar provision of a local ordinance or any like offense of another state or country, within the past five years; Ordinance 2015-LC-VEH-G-1064 Public Passenger Service Licensing Amendment Page 10 of 12 7. The applicant has been convicted of reckless driving under Illinois law as amended from time to time or similar provision of a local ordinance or any like offense of another state or country within the past five years; or 8. The applicant's driver's license has been suspended for moving or nonmoving violations of a motor driven vehicle within the past five years. D. Driver Qualifications: Each driver who drives any public passenger vehicle in the village that is required to be licensed pursuant to section 4-10-4 of this chapter shall at all times meet the following qualifications: 1. Possess a valid state of Illinois driver's license of a classification required by state law for the transport of persons for hire; 2. Be 21 years of age or older; 3. Be in good physical condition; and shall not have any nervous, organic, or functional condition or disease which is likely to interfere with the safe performance of his or her duties as a driver; and 4. Be able to complete the public passenger driver's license application in the presence of a village employee without the assistance of a third party. E. Public passenger driver's licenses non-transferable. Public passenger driver's licenses issued pursuant to this chapter are non-transferable and non-assignable. F. Any limousine driver license issued by the Village for the license year beginning April 1, 2015 and ending on March 31, 2016 that is still in effect on October 27, 2015 shall be deemed a public passenger driver's license for remaining license year, and holders of such limousine driver's licenses must comply with all requirements that are applicable to public passenger drivers licensed pursuant to this chapter. 4-10-6: CONDUCT OF PUBLIC PASSENGER DRIVERS: A. It shall be unlawful for any public passenger driver to conduct himself in a disrespectful or contemptuous manner toward any person, or to use abusive or profane language while so occupied or in charge of a public passenger vehicle. B. It shall be unlawful for any public passenger driver to solicit passengers for public passenger service at a taxicab stand. C. Public passenger drivers shall be obligated to render reasonable aid to any person who suffers injury or illness while a passenger of a public passenger vehicle operated by the public passenger driver. D. It shall be unlawful for any public passenger driver to use, possess or be under the influence of any controlled substance, cannabis, intoxicating compound or alcoholic liquor when operating a public passenger vehicle. E. It shall be unlawful for any public passenger driver to permit any person to occupy or use a public passenger vehicle for the purpose of prostitution, lewdness, or indecent conduct, and it is unlawful for a driver to direct or offer or agree to direct any person to any place or person for the purpose of prostitution, lewdness, or indecent conduct. Ordinance 2015-LC-VEH-G-1064 Public Passenger Service Licensing Amendment Page 11 of 12 F. It shall be unlawful for any public passenger driver to park or store a public passenger vehicle at any time on any street in a residentially zoned area within the village, except to load or unload passengers. G. It shall be unlawful for any public passenger driver to violate any provision of this chapter. 4-10-7: REGISTER OF LICENSES: The public passenger service commissioner shall keep a register of the name, address and photograph of each person owning or operating a public passenger vehicle licensed under this chapter, together with the license number and the description, make and model of such public passenger vehicle, with the date and complete record of inspections made of it. 4-10-8: BOOKS AND RECORDS OF ACCOUNT: Every licensed public passenger service company shall keep accurate books and records of account and logbooks of service rendered in its dispatching or corporate office. The public passenger service commissioner or his designee shall be permitted to examine those books and records of account and logs as they may relate to a specific charge that is the subject of a complaint or public hearing under the provisions of this chapter. 4-10-9: COMPLAINTS: A. Any person may file a written complaint with the public passenger service commissioner regarding the conduct of a public passenger driver or public passenger service company, or the condition of a public passenger vehicle. B. The public passenger service commissioner or his designee shall investigate all complaints against public passenger drivers, public passenger service companies, and public passenger vehicles. He shall notify the public passenger driver and the public passenger service company of the complaint and may conduct a meeting on the matter. If the commissioner determines that such a meeting is necessary, the public passenger driver and a representative of the public passenger service company shall be present. If the commissioner determines that any provision of this chapter has been violated, he shall take any further action consistent with the provisions of this chapter. 4-10-10: DENIAL, REVOCATION OR SUSPENSION OF PUBLIC PASSENGER LICENSES: A. Denial; Appeal: If a license is denied under the provisions of this chapter, the applicant may file a written appeal of the decision to the public passenger service commissioner within seven days of receipt of the decision. The written appeal shall set forth the reasons why the applicant believes the decision to deny the license should be reversed. The public passenger service commissioner shall respond to the appeal within fourteen days either affirming or reversing the decision to deny the license; the public passenger service commissioner's response shall be final. B. Suspension Or Revocation: Any public passenger service company license, public passenger vehicle license or public passenger driver's license shall be subject to suspension or revocation after hearing, by the public passenger service commissioner upon a finding that the holder thereof has violated any Ordinance 2015-LC-VEH-G-1064 Public Passenger Service Licensing Amendment Page 12 of 12 provision of this chapter, this code, state statute or other applicable law. Upon suspension or revocation of any public passenger service company license, public passenger vehicle license or public passenger driver's license granted hereunder, the holder or holders thereof shall be immediately and automatically barred from public passenger service activity and operation within the village per the terms of the suspension or revocation. 4-10-11: PENALTIES: A. Penalties for violation of this chapter shall be a fine of not less than $100.00 nor more than $750.00. Every day that a violation exists shall constitute a separate and distinct offense. B. Notwithstanding the imposition of the fines aforesaid, any license issued pursuant to this chapter shall be subject to suspension or revocation by the commissioner for the same violation that resulted in the imposed fine." Section 3: Severability. If any provision of this Ordinance or part thereof is held invalid by a court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Ordinance to the greatest extent permitted by applicable law. Section 4: Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. APPROVED THIS_day of 2015. Gopal G. Lalmalani Village President PASSED THIS_day of , 2015. Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk