Auto Dealers Detail Sgt Thomas Griffin Changes to Chapter 8 of the Code of Ordinances May 10 2016 1 The existing law as written does not allow Auto Dealers to deny a license for putting fraudulent information on the application for a business license ID: 696685
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Houston Police DepartmentAuto Dealers DetailSgt. Thomas Griffin
Changes to Chapter 8 of the Code of Ordinances
May 10, 2016
1Slide2
The existing law, as written, does not allow Auto Dealers to deny a license for putting fraudulent information on the application for a business licenseSometimes the omission is inadvertent, in which officers will ask them to correct the informationOccasionally, applicants put false or misleading information as it relates to criminal background information
Last updated February 20, 2013
May 10, 2016
2
Section 8-52Slide3
Proposed change: add subsection (g), which reads:Any fraudulent information provided on the license application, including the omission of any criminal background data, shall be cause for denial of the license
May 10, 2016
3
Section 8-52Slide4
As with business licenses, Auto Dealers cannot deny a license to salesman applicants who are untruthful on the applicationThe following sentence will be added to the section:Any fraudulent information provided on the license application, including the omission of any criminal background data, shall be cause for denial of the license
Last updated January 21, 1975
May 10, 2016
4
Section 8-82Slide5
By adding these two provisions, salesmen and business applicants are held to the same standards as wrecker driversApplicants who are denied can still appeal the denial to the Automotive Board
May 10, 2016
5
Sections 8-52 and 8-82Slide6
In addition to criminal convictions, Auto Dealers also recommends the revocation of business licenses because of persistent, uncorrected violations of city ordinancesUnder Section 8-66, these license holders have appeal rights to the Automotive BoardLicense holders can appeal the Board’s decision to City Council under Section 8-57
May 10, 2016
6
Section 8-66Slide7
Currently, there is no mechanism to prevent a person whose license is revoked from reapplying immediatelyUnless the applicant has a criminal conviction, Auto Dealers must issue a licenseThis removes oversight of the automotive industry from the Automotive Board and City Council
May 10, 2016
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Section 8-66Slide8
In order to close this loophole, Subsection (d) will be added, and reads as follows:A licensee whose license has been revoked pursuant to this section shall not be eligible to apply for the same type of license for a period of one year from the date of revocation
May 10, 2016
8
Section 8-66Slide9
This is similar to wrecker drivers, who cannot reapply for a license for one year after revocationLast updated August 18, 1971
May 10, 2016
9
Section 8-66Slide10
When this section was revised previously, a sentence was inadvertently omitted. The proposed change only seeks to add the sentence back to the ordinanceSubsection (a) does not tie the introductory paragraph to the reasons the Chief of Police can deny a wrecker applicant
Last updated May 28, 2014
May 10, 2016
10
Section 8-134Slide11
(a) Any person desiring a wrecker driver license or wrecker driver trainee license shall pay the non-refundable fee stated for this provision in the city fee schedule at the time he submits his application for the license. There shall also be a prorated fee for a wrecker driver license applicant who has, or has had within past 90 days, a valid wrecker driver trainee license.
(1) The police chief determines that the applicant is not qualified under section 8-131; (2) The information provided in the application is materially false or incorrect or the applicant has failed in any material way to comply with this article;
(3) The applicant has had a wrecker driver license revoked during the preceding one year period; or
(4) The applicant is not in compliance with the criminal history provisions of section 1-10 of this Code.
May 10, 2016
11
Section 8-134Slide12
Proposed change: add the following sentence to the end of (a):The police chief shall approve an application and issue the wrecker driver license or wrecker driver trainee license after payment of the application fee and completion of the investigation of the criminal and driving record of the applicant, unless:
May 10, 2016
12
Section 8-134Slide13
Subsection (d) allows a wrecker driver or applicant to appeal the decision of the Chief of PoliceHowever, Subsection (b) requires the revocation of a wrecker license if the driver’s Texas Driver License or state-issued tow license is suspended or revokedAs written, Subsection (d) allows for the appeal of that revocation to the Automotive Board
Last updated May 28, 2014
May 10, 2016
13
Section 8-137Slide14
(a) The police chief may suspend or revoke a wrecker driver license or wrecker driver trainee license if: (
1) Any information supplied in the license application was materially false or incorrect;(
2) The license was issued through error;(3) The
licensee has failed to comply with any applicable provision of the license or this chapter;
(
4) The
licensee has been convicted of violating state laws or city ordinances; or
(
5) The
licensee is under indictment for or has a charge pending for an offense listed in section 1-10 of this Code pertaining to wrecker drivers.
(
b) A
wrecker driver's or wrecker driver trainee's license is automatically revoked if his state-issued driver's license, state-issued incident management towing operator's license, or state-issued towing operator training license (state-issued license) is suspended or revoked. A wrecker driver or wrecker driver trainee shall notify the police chief's designee within three days of a suspension or revocation of any of his state-issued licenses and shall immediately surrender his city wrecker driver's license or wrecker driver trainee's license to the police chief's designee.
(
c) A
revoked wrecker driver license may not be renewed and shall not be subject to reissuance for a one year period as provided in section 8-134 of this Code. A suspended wrecker driver license may not be renewed until the period of suspension has expired.
(
d) An
individual whose wrecker driver or wrecker driver trainee license is revoked or suspended under this section is entitled to an appeal in the same manner as provided in sections 8-134 and 8-135 of this Code upon receipt of written notice of the revocation or suspension of his license.
May 10, 2016
14
Section 8-137Slide15
A revocation under Subsection (b) is not appealable. A wrecker driver must have a valid driver license and state tow license in order to have a City of Houston tow licenseThe proposed change only allows for appeals based on Subsection (a)
May 10, 2016
15
Section 8-137Slide16
Subsection (d) will be amended to read as follows (added language in bold):An individual whose wrecker driver or wrecker driver trainee license is revoked or suspended under subsection (a) of this section is entitled to an appeal in the same manner as provided in sections 8-134 and 8-135 of this Code upon receipt of written notice of the revocation or suspension of his license
May 10, 2016
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Section 8-137Slide17
There is a typographical error in the statuteIf a the applicant is a partnership, the partnership registration, if any, and the names and addresses of all the general partnersThe change simply removes the extraneous “a”
Last updated February 20, 2013
May 10, 2016
17
Section 8-52(a)(10)