§ 6.75.130. Fingerprint-based criminal background investigation.

A.

All applicants for a pedicab driver's permit will undergo a fingerprint-based identification and background check. The MTLC staff shall collect background check fees from applicants and schedule them for fingerprinting. A background check report and a copy of the driving record (MVR) of the applicant, if any, shall be attached to the application and forwarded for consideration by the MTLC.

B.

Any applicant shall, in addition to any disqualifications listed elsewhere in this chapter, be disqualified if the applicant:

1.

Has been convicted, pled guilty, placed on probation or parole, pleaded nolo contendere, or been released from incarceration within a period of five years prior to the date of application for violation of any of the following criminal offenses under the laws of Tennessee, any other state or of the United States:

• Homicide,

• Rape,

• Aggravated assault,

• Kidnapping,

• Robbery,

• Burglary,

• Child sexual abuse,

• Any sex-related offense,

• Leaving the scene of an accident,

• Criminal solicitation, or criminal attempt to commit any of above,

• Perjury or false swearing in making any statement under oath in connection with the application for a driver's permit, or

• The felony possession, sale or distribution of narcotic drugs or controlled substances.

2.

If, at the time of application, the applicant is charged with any offenses in subsection (1) of this section, consideration of the application shall be deferred until entry of a plea, conviction, acquittal, dismissal, or other final disposition of the charges.

3.

Has been convicted of or released from incarceration due to two or more felony offenses within the past ten years.

4.

Has been convicted for a period of two years prior to the date of application of the violation of two or more sections of this Code or other ordinances governing the operation of pedicabs.

C.

If the applicant fails to disclose any criminal conviction, except traffic citations, on the application for a permit, the application may be referred to the MTLC for consideration.

(Ord. BL2014-925 § 1, 2014)