§ 13-2-103. DISQUALIFICATION FOR CERTAIN OFFENSES.

(A)

Except as provided in subsection (D), applicants for a chauffeur's permit or for a renewal are disqualified if, within the seven years preceding the date of the application, the applicant has been convicted under the laws of this state, or of any other U.S. state or territory, or of the United States, of the offense or offenses of:

(1)

a felony not listed in subsection (B) of this section;

(2)

the misdemeanor sale, manufacture, or delivery of a controlled substance or chemical precursor;

(3)

driving, flying, or boating while intoxicated or under the influence;

(4)

prostitution or solicitation of a lewd act;

(5)

fraud or forgery;

(6)

resisting or evading arrest or detention;

(7)

reckless driving or obstructing a highway or other passageway;

(8)

criminal mischief or other property damage or destruction;

(9)

theft, burglary of a motor vehicle, or the unauthorized use of a motor vehicle;

(10)

crimes of violence;

(11)

unlawful carrying of a weapon; or

(12)

indecent exposure.

(B)

Except as provided in subsection (D), applicants for a chauffeur's permit or for a renewal are disqualified if at any time the applicant has been convicted under the laws of this state, or of any other U.S. state or territory, or of the United States, of the offense or offenses of:

(1)

criminal homicide;

(2)

indecency with a child, sexual assault, aggravated sexual assault, attempted sexual assault, intoxication assault, or continuous sexual abuse of a young child or children;

(3)

robbery or aggravated robbery;

(4)

burglary or aggravated burglary;

(5)

aggravated assault, intoxication assault, deadly conduct, terroristic threat;

(6)

abandoning or endangering a child, or injuring a child, elderly individual, or disabled individual, or leaving a child inside a vehicle;

(7)

kidnapping, aggravated kidnapping, unlawful restraint, smuggling of persons, continuous smuggling of persons, trafficking of persons, continuous trafficking of persons, harassment, or stalking;

(8)

felony conviction for sale, manufacture, or delivery of a controlled substance or chemical precursor;

(9)

use of a motor vehicle to commit a felony;

(10)

criminal offenses involving the use of a deadly weapon;

(11)

felonies involving acts of violence;

(12)

felonies involving acts of terror;

(13)

multiple felony offenses;

(14)

promotion of prostitution, aggravated promotion of prostitution, or compelling prostitution;

(15)

felony conviction for driving while intoxicated; or

(16)

any crime involving arson.

(C)

An offense that is named differently than those offenses listed in subsections (A) and (B) is considered an offense for purposes of this section if the elements of the differently-named offense are substantially similar to an offense listed in subsections (A) and (B).

(D)

Any conviction which has been expunged, or set aside, or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this section.

(E)

Any disqualified applicant may appeal the decision in accordance with § 13-2-107 ( Appeal ), and the director may overturn a disqualification by considering:

(1)

the nature and gravity of any offenses in the individual's criminal history;

(2)

the length of time since the offense and completion of the sentence; and

(3)

the impact of the offenses on the applicant's ability to perform the duties and discharge the responsibilities of a driver of a ground transportation service vehicle.

(F)

If an applicant for a new chauffeur's permit or for a renewal of a chauffeur's permit has been charged with any offense listed in subsections (A) or (B) of this section, or of an offense that meets the requirements of subsection (C), the director shall suspend consideration of the application until final disposition of the matter. If the applicant is convicted of the offense, the director shall revoke or deny the chauffeur's permit.

(G)

If the holder of a chauffeur's permit is charged with any of the offenses listed in subsection (A) or (B) of this section, or of an offense that meets the requirements of subsection (C), the charge shall be grounds for immediate interim suspension of the existing chauffeur's permit until final disposition of the charge. If convicted of the offense, the director shall revoke the chauffeur's permit.

(H)

A holder of a chauffeur's permit, or an applicant for a new or renewed chauffeur's permit, must notify the director in writing of any arrest, charge, or conviction of a crime not later than 15 days after the arrest, charge, or conviction. If incarceration prevents notification within 15 days, the holder or applicant shall notify the director immediately upon release. No later than 15 days after disposition or sentencing, the holder or applicant shall deliver to the director a certified copy of any order, judgment, or certificate of disposition issued by the clerk of the court.

Source: Ord. No. 20160616-023, Pt. 2, 6-27-16 ; Ord. No. 20161215-067 , Pt. 1, 12-15-16; Ord. No. 20171214-095 , Pts. 2, 3, 12-25-17.