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Tarver v. City Commission of Bremerton12/14/1967
city commissioners advising that "it is my intention not to approve the renewal of his [George Earvin Tarver's] taxicab drivers license as of July 1, 1965." (Mr. Tarver's then current license expired June 30, 1965.) This letter set forth the grounds on which the recommendation was made (conviction of illegal sale of liquor and of driving while intoxicated (not while operating a taxicab)). The letter further states, "I am requesting revocation of the license of this person, completely and finally." On July 1, 1965, the city clerk forwarded a copy of the chief's letter of June 29th to Mr. Tarver and advised him of the time and place of a hearing on the recommendation and stated, "at which time you shall show cause, if any, why such license should not be suspended or revoked." Petitioner appeared at the hearing with counsel and following such hearing the commission approved the recommendation of the chief of police to revoke and refuse to renew petitioner's license.
Petitioner first assigns error to the trial court's findings of fact that he "had complete and timely notice of the action of the Chief of Police and of the hearing" and to its conclusion of law that "The hearing held before the City Commission of the City of Bremerton was made upon due, timely and adequate notice of the content, place and date thereof in the manner and form required by law." Petitioner further contends that, in violation of his rights under the ordinance and therefore in violation of the due process clause of U. S. Const. amend. 14 and of Const. art. 1 § 12, the notice to him failed to mention: (1) the chief's intention to disapprove renewal of petitioner's license, as well as to recommend its revocation; (2) the charges leveled against
him; and (3) all the reasons for revocation and nonrenewal of his license. It is important to note that petitioner does not contend that the notice and hearing requirements established by the ordinance are illegal; rather, he argues that such requirements were simply not followed in the case at bar. After reviewing the record, however, we are of the opinion that the evidence amply supports the trial court's findings as to this issue.
Petitioner also assigns error to the trial court's finding that "any objection as to the form, content and timeliness of notice and hearing were waived by Petitioner's appearance before said City Commission and participation in said proceeding with his counsel of record." Petitioner argues that he cannot be held to have waived his right to object since (1) he was required to attend the hearing, (2) he never received notice prior to the hearing of either the subject matter of the hearing or the information on which such action would be based, and (3) he raised timely objections at the hearing itself. Since we have, however, sustained the trial court's findings that petitioner, in fact, received timely and proper notice, this assignment of error must fail.
Petitioner's final argument is that the ordinance is arbitrary and capricious and in violation of the due process clause of U. S. Const. amend. 14 and Const. art. 1 § 12. He contends that (1) the ordinance establishes no definite standard to guide the chief of police or respondent in deciding when to revoke a license; (2) the chief of police's own arbitrary and capricious notions determine which violations of law are sufficient to render a person morally irresponsible and unfit to hold a license; (3) the ordinance does not require that the violation of law to be considered must in any way relate to taxicab driving; and (4) taxicab driving is not so "fraught
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