Houston Police Department Auto Dealers Detail Sgt Thomas

Houston Police Department Auto Dealers Detail Sgt. Thomas Griffin Changes to Chapter 8 of the Code of Ordinances May 10, 2016 1

Section 8 -52 � 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 � Sometimes the omission is inadvertent, in which officers will ask them to correct the information � Occasionally, applicants put false or misleading information as it relates to criminal background information � Last updated February 20, 2013 May 10, 2016 2

Section 8 -52 � Proposed reads: change: add subsection (g), which ◦ 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 -82 � As with business licenses, Auto Dealers cannot deny a license to salesman applicants who are untruthful on the application � The 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

Sections 8 -52 and 8 -82 � By adding these two provisions, salesmen and business applicants are held to the same standards as wrecker drivers � Applicants who are denied can still appeal the denial to the Automotive Board May 10, 2016 5

Section 8 -66 � In addition to criminal convictions, Auto Dealers also recommends the revocation of business licenses because of persistent, uncorrected violations of city ordinances � Under Section 8 -66, these license holders have appeal rights to the Automotive Board � License holders can appeal the Board’s decision to City Council under Section 8 -57 May 10, 2016 6

Section 8 -66 � Currently, there is no mechanism to prevent a person whose license is revoked from reapplying immediately � Unless the applicant has a criminal conviction, Auto Dealers must issue a license � This removes oversight of the automotive industry from the Automotive Board and City Council May 10, 2016 7

Section 8 -66 � In order to close this loophole, Subsection (d) will be added, and reads as follows: ◦ A licensee whose license has been revoked pursuant to this section shall not be eligible to apply for the same type of license for a period of one year from the date of revocation May 10, 2016 8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 -66 � This is similar to wrecker drivers, who cannot reapply for a license for one year after revocation � Last updated August 18, 1971 May 10, 2016 9

Section 8 -134 � When this section was revised previously, a sentence was inadvertently omitted. The proposed change only seeks to add the sentence back to the ordinance � Subsection (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 -134 � (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 -134 � 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 -137 � Subsection (d) allows a wrecker driver or applicant to appeal the decision of the Chief of Police � However, Subsection (b) requires the revocation of a wrecker license if the driver’s Texas Driver License or state-issued tow license is suspended or revoked � As 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 -137 • (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 stateissued driver's license, state-issued incident management towing operator's license, or stateissued 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 -137 �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 license � The proposed change only allows for appeals based on Subsection (a) May 10, 2016 15

Section 8 -137 � 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 16

Section 8 -52(a)(10) � There is a typographical error in the statute ◦ If a the applicant is a partnership, the partnership registration, if any, and the names and addresses of all the general partners � The change simply removes the extraneous “a” � Last updated February 20, 2013 May 10, 2016 17