A. A person shall apply for a pedicab inspection tag by making application with the Police Department on the form prescribed by the Police Department for that purpose. The application shall require, as applicable, the following information:

B. An applicant for an inspection tag pursuant to this article shall either be the owner or lessee of a pedicab submitted for inspection and tagging pursuant to this article.

C. An applicant for a duplicate inspection tag pursuant to this article shall make application with the Police Department on the form prescribed by the Police Department for that purpose.

D. The inspection tag shall be issued in the name of the applicant.

E. The Police Department shall inspect the pedicab for compliance with this article. The inspection, or reinspection, shall occur no later than seven calendar days after application and shall be conducted at a location prescribed by the Police Department. The applicant, or the applicant’s agent, is required to be present during the inspection or reinspection and to assist the inspector with inspection of the pedicab as necessary.

F. The application shall be granted, and a tag issued and affixed to the pedicab in the manner and location as prescribed by the Police Department, if the pedicab and the applicant are in compliance with all requirements of this article.

G. An inspection tag issued pursuant to this article shall be issued in the name of the applicant for the pedicab inspected only.

H. An inspection tag issued pursuant to this article shall expire on July 31 of each year and shall bear an expiration date and such other information as the Police Department shall require in order to monitor the issuance of the tag.

I. The application shall be denied if the pedicab is not in compliance with this article or if the application contains a material misstatement of fact or falsification, in which case the Police Department shall issue to the applicant by hand-delivery or certified mail to the mailing address of record a notice of denial stating the reasons for the denial. Service by certified mail shall be complete three calendar days after mailing or upon actual receipt, whichever is earlier.

J. An applicant for an inspection tag pursuant to this article that has received a notice of denial may reapply for an inspection tag for that pedicab once under the original application, provided that the date of reapplication is no less than five and no more than thirty calendar days from the date of original application. Any reapplication submitted that is not in compliance with this subsection will be treated as an original application.

K. An applicant for an inspection tag for a pedicab whose application has been denied twice may appeal the denial to the Director of the Police Department or his designee by filing a written request for hearing with the Phoenix Police Department, Office of Administration, Attn: Commander, 620 W. Washington Street, Phoenix, 85003 within ten calendar days of receipt of the notice of denial. The hearing before the Director of the Police Department or his designee shall be heard within thirty calendar days of the filing of the appeal and may be continued upon request of the applicant for good cause shown.

L. An appeal heard by the Director of the Police Department or his designee pursuant to this section shall be conducted informally and the technical rules of evidence shall not apply, provided that the decision shall be based upon substantial and reliable evidence. The decision of the Director of the Police Department or his designee shall be in writing and either hand-delivered or mailed by certified mail to the applicant to his mailing address of record within five calendar days after the conclusion of the hearing. Service by mail shall be complete three calendar days after mailing. If the decision is to sustain the appeal, the inspection tag shall be immediately issued.

M. An applicant aggrieved by a decision of the Director of the Police Department or his designee may request a hearing before the License Appeal Board by filing a request for hearing with the Director of the Police Department or his designee at Phoenix Police Department, Office of Administration, Attn: Commander, 620 W. Washington Street, Phoenix, 85003, within ten calendar days of receipt of the decision, excluding weekends and City holidays. The License Appeal Board shall hear the appeal de novo and shall follow the rules of procedure set forth in Section 19-14. The decision of the License Appeal Board shall be hand-delivered or mailed by certified mail to the applicant within five calendar days after the hearing. Service by mail shall be complete three calendar days after mailing. The decision of the License Appeal Board shall constitute final administrative action. The applicant has the right to seek judicial review of the decision by way of special action or other available remedy in the Superior Court. (Ord. No. G-5192, § 1, 2008; Ord. No. G-5444, § 3, 2009)