§ 5.82.050. Towing operation permit—Grounds for denial/Revocation/Suspension.

A.

The Director of Financial Management may suspend, revoke, or deny an application for a permit to conduct towing operations on the following grounds:

1.

The applicant has been convicted within the last seven (7) years of a felony or a crime involving fraud, theft, auto theft, car tampering, any similar crime, or any violation of State narcotic law;

2.

The applicant has been convicted within the last five (5) years of driving while under the influence of intoxicants or narcotics or reckless driving;

3.

The applicant has a driving record which shows a negligent operator point count as specified in Sections 12810 and 12810.5 of the California Vehicle Code. For the purposes of this paragraph, a plea or verdict of guilty, a finding of guilty by a court, a plea of nolo contendere, or a forfeiture of bail shall be deemed a conviction;

4.

The applicant has had more than three (3) chargeable vehicle accidents within the last three (3) years or more than one (1) such accident within the last year;

5.

The premises are not properly zoned for tow operations;

6.

The applicant or any other person has violated any provision of this Code, State or Federal law arising out of and in connection with the practice and/or operations of the business for which the permit has been granted;

7.

The applicant or any other person under his/her control or supervision has maintained a nuisance which was caused by any act performed in the exercise of any rights granted by the permit required under the provisions of this Code;

8.

The applicant, his/her employee, agent or any person connected or associated with the licensee or permittee as partner, director, officer, stockholder or manager has knowingly made any false, misleading, or fraudulent statement of material fact in the application for the permit required under the provisions of this Code;

9.

The applicant has failed to comply with any condition which may have been imposed as a condition for the issuance of the permit required under the provisions of this Code;

10.

The applicant has failed to pay the permit fees that are provided for under the provisions of this Code when due;

11.

The applicant has failed to maintain insurance as required by law to protect against loss or damage to the public;

12.

Failure to maintain vehicles utilized in connection with the towing operation in a safe condition and in compliance with the California Vehicle Code.

B.

Notwithstanding the provisions of this Section, in formulating a recommendation for approval or denial of a permit, the Chief of Police may, using his/her sound discretion, take into account any mitigating circumstances concerning any of the criminal convictions, moving violations and accidents enumerated therein, in deciding whether the applicant for a tow operations permit is a competent person to operate a tow operation under the provisions of this Code. In utilizing his/her discretion, the Chief of Police shall take into account the following factors:

1.

The severity of the crime in question;

2.

The extent of the applicant's prior criminal history; and

3.

The nature of and circumstances surrounding the crime in relation to the type of permit sought by the applicant.

(Ord. C-7423 § 29, 1996: Ord. C-6260 § 1 (part), 1986)