§ 27-228. Procedure for review by city commission.

(a)

When the Department of Transportation and Mobility has received the evaluations described in section 27-227, it shall agenda the application for consideration by the city commission at the next available regular meeting. At that meeting, the city commission shall evaluate the proposed operation in light of the factors set forth in section 27-227(c), after providing an opportunity for the operator, city staff and any member of the public to be heard.

(b)

After the hearing, the city commission shall, by motion, either:

(1)

Disapprove the application (in such event, no application from the same operator shall be accepted by the Department of Transportation and Mobility for a minimum period of six (6) months from the date of such city commission action);

(2)

Approve the application unconditionally and grant the operator a license; or

(3)

Approve the application subject to compliance with stated conditions. Such conditions may include, but are not limited to, a restriction on the hours or days of operation, a limitation on the number of nonmotorized vehicles which may be operated, a limitation on the size and number of signs on each nonmotorized vehicle, a modification of the proposed route and any other condition which is consistent with protection of the public health, safety and welfare.

(c)

If approved, the Department of Transportation and Mobility shall issue a license to an approved operator which shall not be transferable without the approval of the city commission. The license shall include a statement of all conditions specified by the city commission. The city reserves the right to temporarily prohibit use of or otherwise modify any approved route whenever the public interest or convenience so requires; provided, however, that the operator shall be permitted to appeal any modification which will affect a route for more than fifteen (15) days, as such appeal procedure is set forth in section 27-232.

(d)

If the operator's principal place of business is located within the corporate limits of the city, proof of possession of a current city business tax receipt shall be required prior to issuance of an operator's license.

(Code 1953, § 42-99; Ord. No. C-88-32, § 1, 5-3-88; Ord. No. C-06-45, § 22, 1-4-07 ; Ord. No. C-14-20, § 24, 4-15-14 )