Chapter 7.12
CHAUFFEURS’ LICENSES* Revised 7/18

Sections:

7.12.010    Chauffeur’s license required.

7.12.020    Application for license. Revised 7/18

7.12.030    Chauffeur’s license. Revised 7/18

7.12.040    Grant or denial of application for license.

7.12.050    Chauffeur drug and alcohol testing.

7.12.060    Transitional chauffeur license application process for SSVs.

*    Prior ordinance history: Ords. 99-05, 2001-02, 2001-08, 2001-14, 2002-02 and 2003-01.

7.12.010 Chauffeur’s license required.

No person may operate a taxicab or SSV without first obtaining a chauffeur’s license. (Ord. 2005-05 §2(part))

7.12.020 Application for license. Revised 7/18

A. An application for a chauffeur’s license shall be made to the executive director on an annual basis. An application for the initial issuance of a chauffeur’s license shall be made in accordance with this section. An application for renewal of a chauffeur’s license shall be made in accordance with Section 7.32.010.

B. An application for the initial issuance of a chauffeur’s license shall be submitted on a form approved by the executive director and shall be accompanied by:

1. The fee specified in Section 7.04.090;

2. Proof of insurance for the vehicle(s) as required by this title, if the driver is the owner of the vehicle at issue and, if not, proof of the permit holder’s insurance policy on the vehicle;

3. Photographs to be taken by the executive director;

4. A complete set of fingerprints made by the North Slope Borough police department of public safety or the executive director on an FBI-approved form;

5. A certificate from a physician licensed to practice medicine in Alaska verifying the applicant’s physical ability to drive and proof of a negative drug test certificate from a commission-approved drug and alcohol testing facility;

6. Proof that the applicant currently holds a valid Alaska driver’s license;

7. Proof that the applicant is at least nineteen years old;

8. Demonstrated ability to speak in the English language;

9. Proof that the applicant has been a resident of the city of Utqiaġvik for at least thirty days before submitting his or her application; and

10. Proof of registration for the vehicles as required by this title, if the driver is the owner of the vehicle at issue and, if not, proof of the permit holder’s registration on the vehicle.

C. An application for the initial issuance of a chauffeur’s license shall not be completed until the applicant has achieved a passing score on a written and driving examination of his or her knowledge of this chapter, the regulations promulgated by the commission and the location of streets and places in Utqiaġvik. The driving examination will be issued by the executive director, only after completion of the written examination. During any six-month period, an applicant may take the examination not more than three times with not less than one week intervening between each test date.

D. Any person who has been denied a license pursuant to this chapter may not apply again for such a license for a period of one year. (Ord. 02-2017 §2(part); Ord. 03-2009 §2(part): Ord. 2005-10 §3: Ord. 2005-05 §2(part))

7.12.030 Chauffeur’s license. Revised 7/18

A. The executive director shall issue a chauffeur’s license to an applicant only if:

1. The applicant has submitted a complete application as prescribed in Section 7.12.020;

2. The applicant has not had a conviction entered by a court of competent jurisdiction within twelve months prior to the application date for:

a. A moving traffic violation which subjected the applicant’s driver’s license to suspension or revocation pursuant to AS 28.15.220 through 28.15.260 or a similar law of another jurisdiction;

b. Reckless, negligent or careless driving;

c. Driving while license suspended or revoked; or

d. Driving while under the influence of intoxicating liquor, depressant, hallucinogenic, stimulant or narcotic drugs, or any controlled substance as defined in AS 28.35.030 or any similar law of another jurisdiction;

3. The applicant has not had his or her driver’s license suspended or revoked within one year prior to the application date;

4. The applicant has not had his or her chauffeur’s license revoked under Section 7.20.010 or 7.20.020 within one year prior to the application date;

5. The applicant has not had a felony or misdemeanor conviction entered by a court of competent jurisdiction within ten years prior to the application date for:

a. Assignation, prostitution, solicitation for purpose of prostitution, offering to secure another for the purpose of prostitution, maintaining a vehicle for the purpose of prostitution or accepting money from a prostitute;

b. Sale, possession or use of any controlled substance as defined in AS 11.17 or any similar law of another jurisdiction;

c. Manufacture, sale, offer for sale, possession for sale or barter, traffic in, or barter of an alcoholic beverage in violation of AS 4.11.010 or a similar law of another jurisdiction;

d. Any felony or misdemeanor which includes, as an element, the use or threat of force upon a person;

e. Burglary, larceny, fraud, theft or embezzlement; or

f. Any offense which pertains to sexual abuse of a minor or sexual exploitation of a minor;

6. Each representation made in the application is correct;

7. The applicant has submitted proof that he or she is in compliance with the commission-approved drug and alcohol testing program provided for in Section 7.12.050; a positive test showing will be cause for denial of any license application; and

8. The applicant has submitted proof that he or she has been a resident of Utqiaġvik for thirty days prior to submitting his or her application. Proof shall include but not be limited to an affidavit, signed under oath and in front of a notary public, in which the applicant swears that he or she lives at a particular physical location in Utqiaġvik and has done for thirty days prior to the date of application. Other proof of residence may include but not be limited to:

a. Proof of voter registration within the city for thirty days prior to the date of application;

b. Proof that the applicant has not claimed residency anywhere else than within the city for thirty days prior to the date of application; and

c. Any other information that the executive director determines is relevant. (Ord. 02-2017 §2(part); Ord. 2005-05 §2(part))

7.12.040 Grant or denial of application for license.

An application for the initial issuance of a chauffeur’s license shall be granted by the executive director only if the applicant complies with all of the provisions of this chapter, and only if the application meets the requirements imposed by Section 7.12.020 and the applicant meets the requirements imposed by Section 7.12.030. Otherwise, the application shall be denied. (Ord. 2005-05 §2(part))

7.12.050 Chauffeur drug and alcohol testing.

A. The commission shall:

1. Establish an initial chauffeur applicant drug and alcohol screening test; and a reasonable cause, post-accident and post-citation drug and alcohol testing program for chauffeurs. The testing program shall be administered by the executive director;

2. Provide for the immediate denial or revocation by the executive director of the chauffeur’s license of any chauffeur failing, or failing to submit to, the tests provided for in subsection A of this section, for a period of not less than six months for a first offense, and until such time as the chauffeur shall submit evidence of successful completion of a drug or alcohol abuse treatment program;

3. Provide for the immediate revocation by the executive director of the chauffeur’s license of any chauffeur failing or failing to submit to the reasonable cause, post-accident or post-citation tests provided for in subsection A of this section, for a period of not less than two years for a second or subsequent offense;

4. Provide appeals process under Chapter 7.24 for persons aggrieved by the denial of an application for, or revocation of, a chauffeur’s license pursuant to this section.

B. Within ninety days of the effective date of this title, a design, cost structure and fee determination for the drug and alcohol testing program provided for in this section shall be developed by the commission and submitted to the city council for approval. The proposal submitted to the city council shall provide:

1. That costs for an initial drug screening shall be borne by applicants for chauffeur’s licenses;

2. That direct operational costs for the post-accident, post-citation and reasonable cause drug and alcohol testing program shall be borne by permit holders; and

3. Proposed regulations to increase permit and license fees to cover the costs described in subsections (B)(1) and (2) of this section.

C. The regulations proposed under subsection (B)(3) of this section shall become effective fifteen days after they are presented to the city council, unless the city council disapproves them by resolution before their effective date. (Ord. 2005-05 §2(part))

7.12.060 Transitional chauffeur license application process for SSVs.

A. After promulgation of initial regulations governing shuttle service in the city in accordance with Section 7.04.040(B), the commission shall allow persons to apply for chauffeur licenses to drive SSVs if any existing permittee applies to amend his or her permit to provide shuttle service in accordance with Section 7.08.050. The fee charged for a chauffeur license issued under this section shall be in accordance with Section 7.04.090(E). The requirements of this chapter shall apply to such transitional applications. The executive director shall develop a transitional chauffeur license application form for this purpose.

B. Beginning January 1, 2006, the chauffeur license application process for SSV chauffeurs shall be governed by this chapter and Chapter 7.32. (Ord. 2005-05 §2(part))