§ 46-73. Qualifications of applicant.

Each applicant for a taxicab service operator's license, a certificate of convenience and necessity, or for a driver's permit as required by this article shall meet the following qualifications and requirements:

(1)

Be at least 18 years of age as required by G.S. 20-5.

(2)

Maintain a clean and neat personal appearance.

(a)

As to applicants for driver's permits only, possess a valid state class C motor vehicle operator's license which has not been suspended or revoked within two years next preceding the date of application for operational violations of a motor vehicle and which has not been suspended or revoked within the nine months next preceding the date of application for failure to appear or failure to comply with a court's judgment in relation to a minor violation of a traffic law or an infraction.

(b)

No applicant for a taxicab service operator's license shall have had a revocation or suspension of a class C motor vehicle operator's license for operational violations of a motor vehicle or for failure to appear or failure to comply with a court's judgment in relation to a minor violation of a traffic law or infraction within the two years next preceding the date of application.

(4)

Have not been convicted of a felony within five years next preceding the date of application.

(5)

Have not been convicted of operation of a motor vehicle in a manner, which resulted in the death of any person.

(6)

Have not been convicted of operating a motor vehicle while impaired by intoxicating substances within a period of two years next preceding the date of application.

(7)

Have not been convicted within two years next preceding the date of application of violating any state or federal law or municipal ordinance relating to the use, possession or sale of intoxicating liquor or controlled substances, or relating to prostitution.

(8)

Who is or has been an habitual violator of motor vehicle laws or an habitual user of narcotic drugs, whether or not lawfully obtained, or an habitual abuser of alcoholic beverages.

(9)

An applicant shall also submit to a medical examination and/or provide the taxi inspector with a current medical report verifying that the applicant does not suffer from any illness, sickness or disease which would adversely affect the safe operation of a motor vehicle or pose a threat to the health and safety of the public.

(10)

Each applicant for a driver's permit shall have a physical examination by a licensed physician every 2 years and shall submit to the taxi inspector for his/her file a statement by the examining physician stating that the applicant is physically capable of safely operating a taxicab.

(11)

All applicants shall submit to a blood or urine test at a facility approved by the City of Shelby for the purpose of detecting the presence of controlled substances and shall provide the taxi inspector with a copy of a report containing the results of such an analysis. The test shall take place prior to the submission of the application for a taxi operator's permit. All cost related to such analysis shall be the responsibility of the applicant. The drivers shall resubmit to this test and provide the test results to the taxi examiner every year before renewal of their permits or when they change employers. (Reference to Senate Bill 557 passed on May 20, 2003, which authorizes a city to require an applicant for a taxicab license to submit to and pass a drug test.)

(12)

All test results are confidential and shall not be released without written consent of the applicant, except as otherwise provided herein or required by law. No evidence derived from a positive test result pursuant to the application process shall be admissible in a criminal prosecution concerning unlawful possession, sale or distribution of controlled substances.

(Code 1985, § 21-36; Ord. of 5-2-1995, § 6; Ord. No. 21-2004, § 5, 7-19-2004)