Reso 2017-053 - Laserfiche WebLink

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Finance Director may deny the taxicab business permit. Thus, pursuant to San Leandro Municipal Code Section 2-2-420, the Finance Director concurrently denied the busiiness license application for Pearle Cab as the proposed business could no longer operate in compliance with the City's municipal code because Mr. Meher did not have a taxicab driver's permit and the taxicab business permit was denied. Consistent with San Leandro Municipal Code Section 2-2-450, the applicant timely filed an appeal to the City of the rejection of the business license and taxicab business permit. In his letter of appeal, the appellant asserted that he had spent a lot of money on his taxi vehicle in order for it to pass the inspections that are required by the City for taxicab permits. In addition, the appellant stated that his background "is clean" and that he has "a clean driving record". Per San Leandro Municipal Code Section 2-2-450, the applicant was provided notification by the City that a hearing date to consider the merits of his appeal was scheduled for March 23, 2017. Testimony At the hearing, Police Lieutenant McManus testified to the history of arrests and convictions that was revealed in the applicant's criminal background check. David Baum, Finance Director also provided testimony explaining the basis for denying the applicant's business license and taxicab business permit. Mr. Meher provided testimony in which he concurred that the convictions outlined in the Police Lieutenant's testimony were an accurate reflection of his criminal record. However, he stated that that convictions happened "a long time ago" and were the result of him being with the "wrong people", who provided him with alcohol. Findings 1. On August 8, 2016, Mr. Meher applied for a business license and taxicab business to operate Pearle Cab. On both applications Mr. Meher identified a prior conviction for a violation of California Penal Code Section 245(a)(1) (Assault with a deadly weapon). 2. Mr. Meher applied for a taxicab driver's permit on or about August 5, 2016. 3. A background investigation revealed that on December 23, 2008, the applicant was convicted of a felony for a violation of California Penal Code Section 245(a)(1) (Assault with a deadly weapon) and that the applicant had his probation revoked for violating California Penal Code Section 242 (Battery) in 2012. 4. The San Leandro Police Department denied the taxicab driver's permit on October 4, 2016, pursuant to San Leandro Municipal Code Section 6-6-315(h), based upon the above conviction. San Leandro Municipal Code Section 6-6-315(h) provides that the Police Department may deny an application for a taxicab driver's permit if the applicant has been convicted within a ten-year period of any offense involving the use of force or violence upon another person.