Report to/Rapport au:
License Committee /
Comité des permis
November 30, 2009 / le 30 novembre 2009
Contact/Personne-ressource:
Linda Anderson, Manager,
Enforcement and Inspections /
Gestionnaire, Application et
Inspection
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Ref N°: ACS2009-COS-EPS-0062 |
SUBJECT: LICENSE
COMMITTEE – adverse conduct - appeal the removal from the accessible taxi
plates priority list – taxi
driver – mR. houman Moazzami
OBJET: COMITÉ
DES PERMIS - COMPORTEMENT DÉFAVORABLE - APPEL DU RETRAIT DE LA LISTE
PRIORITAIRE DES PLAQUES DE TAXI ACCESSIBLE - CHAFFEUR DE TAXI – MONSIEUR HOUMAN
MOAZZAMI
That License Committee consider the status of Mr. Houman Moazzamion’s Taxicab Driver’s License and review the eligibility of Mr. Moazzamion on the Accessible Taxi Plates Priority List.
Que le Comité des permis examine les conditions
du permis de chauffeur de taxi de M. Houman Moazzamion et examine l’admissibilité de Monsieur Moazzamion
sur la liste de priorité des plaques de
taxi accessible.
In
2006, Mr. Houman Moazzamion, a licensed Taxicab driver was charged under the
Criminal Code of Canada and the Controlled Drugs and Substances Act. In July
2008, the Licensee was convicted for a contravention of Section 4(1) of the
Controlled Drugs and Substances Act, possession of a Schedule I substance. Upon the conviction coming to the attention
of the Chief License Inspector in July 2009, the Chief License Inspector denied
the renewal of the license pursuant to Section 74(1) of By-law 2005-481. The
Licensee appeals that decision to the License Committee.
Furthermore, on August 31, 2009 a letter was sent to Mr. Houman Moazzamion advising him that he failed to maintain his eligibility on the Accessible Taxi Plates Priority list. The Licensee appeals the Chief License Inspector’s decision to the License Committee.
Both appeals (non-renewal of license and removal from the Accessible Taxi Plate Priority list) are being forwarded to the License Committee at the same time.
Relevant Provisions of By-Law No. 2005-481
8. (1) No
applicant for a standard taxicab driver licence shall be issued a licence
unless and until the applicant has provided the Chief Licence Inspector with
the following information:
(a)
a completed application for a taxicab driver licence;
(b)
satisfactory proof that the applicant is eighteen (18) years of
age or more;
(c) a current valid Class G
driver’s licence issued by the Province of Ontario pursuant to the Highway
Traffic Act or a current valid driver’s licence of the appropriate class issued
by the Province of Quebec;
(d) original documents from the issuing agency outlining
the results of investigations related to the applicant for a Police Record
Check for persons seeking employment to serve the vulnerable sector of the
population dated less than thirty (30) days prior to the date of the
application for a licence;
(e) an
acceptable Statement of Driving Record issued within thirty (30) days prior to
the application by the Ontario Ministry of Transportation Safety and
Regulations Division or the Québec Contrôle du Transport Routier;
(f) on
or before August 31, 2006, a Certificate confirming that he or she has successfully
completed the Taxicab Driver Education Program within two (2) years immediately
preceding the application;
(g) on
or after September 1, 2006, a Certificate confirming that he or she has
successfully completed the Taxicab Driver Education Program within two (2)
years immediately preceding the application and confirming that he or she has
successfully completed the Accessible Taxicab Training Course within two (2)
years immediately preceding the application;
(h) a
declaration signed by the applicant confirming that he or she does not have any
current outstanding criminal charges or warrants pending before any courts;
(i) the
name and address of the taxi plate holder who will be the business affiliate or
employer of the applicant;
(j)
satisfactory proof that the applicant does not have a driver’s licence under
suspension in any province or territory; and
(k) the
fees set out in Schedule “C” to this by-law.
(2)
Despite clause (k) of subsection (1), where an original application for a
standard taxicab driver licence is filed after the expiry of the first six
months of the licence period, the applicant shall pay one-half of the licence
fee set out in Schedule “C”.
(3)
Upon issuance of a standard taxicab driver licence, the Chief Licence Inspector
shall furnish to the licensee the licence certificate.
STANDARD TAXICAB DRIVER LICENCE -
CONDITIONS OF RENEWAL
9. (1) A standard taxicab driver
licence issued pursuant to this by-law shall be valid for a period not
exceeding one (1) year and shall expire on the date set out in Schedule “C”.
(2) A standard taxicab driver
licence may be renewed upon the standard taxicab driver providing the following
information to the Chief Licence Inspector prior to the expiry date of his or
her current taxicab driver licence:
(a) a
completed renewal application for a standard taxicab driver licence;
(b)
all information to be submitted pursuant to Section 8 save and except the
information required by clauses 8(a), 8(b), 8(f) and 8(g); and
(c)
the renewal fee and late fee, if applicable, as set out in Schedule “C” to this
by-law.
ACCESSIBLE
PRIORITY LIST
ESTABLISHEMENT
OF LIST
60.
The Accessible Priority List as created by By-law 2003-97 amending By-law no.
41 of 1998 of the old Corporation of the City of Gloucester as it exists on the
date this by-law is in full force and effect is carried over and becomes the
Accessible Priority List
MAINTENANCE
OF LIST
61. (1) The Chief Licence Inspector shall keep
the Accessible Priority List and this list shall be open and accessible to the
public and subject to all other conditions and qualifications set out in this
by-law.
(2) When accessible taxi plate holder
licences are issued, priority is to be established by the order of the
Accessible Priority List and thereafter continued by order of seniority of
application.
(3) Subject to subsection (4), every
person applying to be placed on the Accessible Priority List shall at the time
of application pay the prescribed fee as set out in schedule “C” and file with
the Chief Licence Inspector, the following information:
(a)
the name and address of the applicant, and
(b)
the standard taxicab driver licence number.
(4) A person applying to be placed on
the Accessible Priority List is only entitled to be placed on the list once at
any one time.
(5) Every person on the Accessible
Priority List shall on or before April 30th in every year thereafter
file with the Chief Licence Inspector a request for renewal setting out the
name and address of the person and the taxi driver licence number and pay the
prescribed fee at set out in Schedule “C”.
(6) A person on the Accessible
Priority List ceases to continue to be eligible for an accessible taxi plate
holder licence and shall be struck off the Accessible Priority List if at any
time thereafter but before and accessible taxicab holder licence has been
issued:
(a)
the person’s taxi driver licence lapses or is revoked,
(b)
the person fails to file with the Chief Licence Inspector any of the
prescribed information on an annual basis, or
(c)
the person fails to pay the prescribed fees as set out in Schedule “C”
annually.
(7) A person who has been struck off
the Accessible Priority List shall be notified forthwith by the Chief Licence
Inspector by letter addressed to the person at the address of record furnished
by the person to the By-law Services Branch.
(8) A person who is struck off the Accessible Priority List may within fourteen (14) days of receipt of the notice apply in writing for a review by the Licence Committee of such action by filing a request with the Chief Licence Inspector. The procedures related to a hearing before the Licence Committee will apply.
LICENCE
COMMITTEE POWERS
71 (1) The Licence Committee is
authorized to administer the provisions of this by-law.
(2) The
Licence Committee is authorized to make the final decision in respect of the
revocation or suspension of any licence issued or the imposition of conditions
on any licensee.
(3) A
majority of the three (3) members of the Licence Committee constitutes a
quorum.
(4)
The Licence Committee, after a hearing, may revoke any or each of the
licences held by a licensee for cause and without limiting the generality of
the foregoing for:
(a)
a breach of the law,
(b)
anything which may be in any way adverse to the public interest,
(c)
the belief that the person will not carry on or engage in the business in
accordance with the law or with honesty and integrity,
(d)
any other manner which the Licence Committee is authorized by
law to consider, or
(e) any violation of the provisions of this by-law.
(5)
The Licence Committee may suspend a licence for cause for any period that
is less than the unexpired part of the period for which it was issued in lieu
of the revocation as provided in subsection (4).
(6)
The Licence Committee may impose conditions as a requirement of
obtaining, continuing to hold or renewing the licence, including special
conditions.
REFUSAL OF ISSUANCE OF LICENCE
74. (1) The Chief Licence Inspector
shall refuse to issue to the applicant the licence applied for if the
conditions for issuance of an original licence in Sections 8, 12, 14, 18 and 22
or of a renewal of a licence in Sections 9, 16, 19 and 23 have not been met.
Mr. Moazzamion has been notified of the date and time of the hearing, and has been provided with a copy of this report.
FINANCIAL IMPLICATIONS
There are no financial implications associated with this report.
DISPOSITION
The Chief License Inspector to implement the decision of License Committee accordingly.