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Tarver v. City Commission of Bremerton12/14/1967
Petitioner George E. Tarver had been a duly licensed taxicab operator in the city of Bremerton until his license was not renewed by order of the Bremerton City Commission. He obtained review of such action of the commission by a writ of certiorari in the superior court which upheld the action of the commission and sustained the validity of the ordinance under which petitioner's license was terminated. Petitioner appeals alleging as error certain factual findings and attacking the constitutionality of the ordinance.
Ordinance No. 1474 of the city of Bremerton provides in part as follows:
Section 1. It is hereby declared to be essential to the public interest that no person shall be authorized or permitted
to operate or drive a taxicab within the city limits of the City of Bremerton unless such person shall be of the age of at least twenty-one years, shall be an experienced, able, and careful driver, and shall be a person of good, moral character and reputation. (Italics ours.)
Section 2 as amended by Ord. 1657. It shall be unlawful for any person to drive a taxicab for hire in the City of Bremerton without first having applied for and received and being the holder of a valid subsisting taxicab driver's license in the City of Bremerton . . . .
Section 5 as amended by Ord. 1733. If the Chief of Police finds that any person licensed hereunder has been convicted of a criminal violation of federal or state law, or any ordinance of the City of Bremerton or has forfeited bail after posting thereof after arrest for a criminal violation of such law or ordinance and that such conviction or bail forfeiture established that such licensee is no longer of good moral character and reputation, or is not a careful and experienced driver, or if the chief of police for any other reason believes that such person is not competent to operate a taxicab within the City of Bremerton, then the chief of police shall make a written report of the circumstances surrounding such matter to the City Commission of the City of Bremerton and shall make recommendations to the City Commission regarding the suspension or revocation of the license of such person. After considering the said report and before revoking or suspending any such license, the City Commission shall order a hearing, and in such case shall notify the licensee of the date of said hearing and of the contents of the report of the chief of police, which said hearing shall be held on a day certain, but shall be not less than ten (10) days from and after the mailing of notice of such hearing to such licensee, and which said notice shall require the licensee to show cause on such date, if any he has, why such license should not be suspended or revoked. The Chief of Police may, in his discretion, suspend any such license for a period not to exceed fifteen (15) days during investigation of such circumstances. If, upon hearing before the City Commission, a majority of the City Commission shall find that the license of the said licensee should be suspended or revoked, it shall be so ordered. An appeal from such order, suspension or revocation, may be made to the Superior Court for Kitsap County, in the manner provided for under the general
laws of the State of Washington. In case of the revocation of license, the same shall be taken up by the chief of police and cancelled by the City Clerk, and in case of the suspension of a license the same shall be surrendered to the City Clerk and shall be returned to the licensee at the termination of the priod [ sic ] of suspension. (Italics ours.)
Acting pursuant to the ordinance, the Bremerton Chief of Police on June 29, 1965, addressed a letter to the
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