§ 7-388. Permit application; approval and denial.

(a)

Application. Every application for a new or renewal permit shall be in writing, signed and verified by the applicant and notarized, and filed with the police department. The application shall be on a form prescribed by the chief of police and shall contain information, including but not limited to:

(1)

Full legal name of the applicant and sufficient information to identify the applicant, including but not limited to, date of birth, telephone numbers, the place of business and residence addresses, copies of all business tax receipts and licenses issued by any municipality in Broward County, and Florida driver's license number. If the applicant is a corporation, the foregoing information shall be provided for each corporate officer and director. If the applicant is a partnership, the foregoing information shall be provided for each general and limited partner; and

(2)

Documentation demonstrating that all corporate or partnership applicants are qualified under the laws of Florida to do business under the trade name or names under which it has applied for a permit; and

(3)

A list of all persons with any ownership interest in the company who have previously been denied a permit from the city or any other jurisdiction; and

(4)

Verification of the business' current corporate status and fictitious name registration with the State of Florida; and

(5)

Any trade name under which the business operates, intends to operate, or has previously operated; and

(6)

The location and physical addresses of all places of business including storage lots and facilities; and

(7)

A description of services proposed to be provided, including, but not limited to, days and hours of operation and types of towing and storage services to be provided; and

(8)

Proof of insurance as required in section 7-389; and

(9)

The signature of each individual applicant, president or vice-president of a corporation and of all the general and limited partners of a partnership having twenty-five (25) percent or greater ownership in the company; and

(10)

A statement assuring that each tow truck is in safe operating condition and receives routine service/maintenance; and

(11)

An agreement on the part of the applicant to abide by the provisions of this article, Broward County regulations, and state and federal laws; and

(12)

Such additional information required by the chief of police to process the application.

(b)

Standards for issuance or denial of a permit. The chief of police shall review each application based on the criteria of this section and consistency of the application with the public health, safety, and welfare of the city. The chief of police shall issue a permit to tow truck operators who have met the standards and requirements for a permit as provided for in this article. The chief of police shall deny any application that is incomplete or untrue in whole or in part, or which fails to satisfy the requirements of this article, or which reveals any of the following:

(1)

That the applicant, including a corporate officer or director, or a business partner, has been convicted of, found guilty of, or pled guilty or nolo contendere to a crime, regardless of the adjudication of guilt, within the last ten (10) years involving: repossession of a motor vehicle under F.S. Ch. 493; repair of a motor vehicle under F.S. §§ 559.901—559.9221; theft of a motor vehicle under F.S. § 812.014; carjacking under F.S. § 812.133; operation of a chop shop under F.S. § 812.16; failure to maintain records of motor vehicle parts and accessories under F.S. § 860.14; airbag theft or use of fake airbags under F.S. § 860.145 or F.S. § 860.146; overcharging for repairs and parts under F.S. § 860.15; or violation of the towing or storage requirements for a motor vehicle under F.S. § 321.051, F.S. Ch. 323, F.S. § 713.78, or F.S. § 715.07.

(2)

That any unsatisfied civil fines or penalties exist arising out of an administrative or enforcement action brought by the city or another governmental agency based upon conduct involving a violation of state or local towing regulations where such action related to public safety.

(3)

That an applicant had a towing permit or license revoked by the city or any other jurisdiction within two (2) years of the date of application where such revocation related to public safety.

(Ord. No. 545-12-A, § 4, 2-28-12, eff. 5-1-12)