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00-951Council File # O O�� S� QR�G(r_.�;L Presented By RESOLUTION CITY OF SAINT PAUL, D'IINNESOTA Green Sheet # Id � O 69 � Referred To Committee: Date 1 RESOLVED, that the application for a tasicab driver's license by Willie B. Jones, Jr. is 2 hereby denied, based upon his failure to meet the requirements of Saint Paul Legislative Code 3 §376.16(e)(5). 4 5 FURTHER RESOLVED, that the findings of fact, conclusions of law and memorandum 6 contained in the ALJ Report in this case, dated September 6, 2000, are expressly ratified and 7 adopted as the written findings and conclusions of the Council in the matter, and the 8 recommendation of the ALJ is hereby adopted. 9 10 This Resolution is based on the record of the proceedings before the Administrative Law 11 Judge, including the hearing on August 17, 2000, the documents and e�ibits introduced therein, 12 and the deliberations of the Council in open session on September 25, 2000. 13 14 A copy of this Resolution, as adopted, shall be sent by first class mail to the 15 Administrarive Law Judge and to the Licensee Requested by Department of: Adoption Certified by Council Secretary By: Appr By: By: ��tL /��{� Fozm Approved b City Atto� -.n By: - � Approved by Mayor for Submisaion to Council By: Adopted by Covacil: Date �`'�. L1 �� 00 -°�s� , _, o��b� GREEN SHEET No 106069 Virginia Palmer 266-8710 f BE ON COUNqLAGFNDA BY (OATt7 October 11, 2000 - Consent ��: � TOTAL #F OF SIGNATURE PAGES ov.yti�ro�t�an rnr�au�s ❑ a�r�nouar ❑ arcruuc _ ❑ nuurw��nnecaoR ❑ rr.�cu�aRa�ee,o ❑MYORI�A{OiTANn ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Finalizing City Council action denying the application for a tasicab driver's license by Willie B. 7ones, Jr. (Public hearing held September 2�, 2000) PLANNING COMMISSION CIB COMMIITEE CIVIL SERVICE COMMISSION rles mic aeisoNrxm eve.workea unaer a�r�t r« u,ic aepartmenn VES NO Hes Mi P�eai�firm ever heen e cily empbyee9 YES NO Does thie Perwruhrm P�eecs a Gdll not rw�mellYP�ssed bY �Y current citY �obYce7 VES NO Is Mis pe�sONfirm e fnrgefetl verMoR YES MO 811d 2tt8d1 SO 9f8LY18�1¢E� IFAPPROVED AMOUNT OF TRANSACTION f SOURCE COSTlREVRlUE BUDfiETED (CIRCLE ON� ACTIVRYNUMBER VEE NO INFORMAiION (IXPWN) OFFICE OF THE CITY ATTORNEY D 0 _R S i Claytox M. Robinson, Jr., Ciry Attarney �� CITY OF SAINT PAUL iVorm Colemars, Mayor September 8, 2000 Mr. Willie B. Jones, Jr. 328 Birmingham Street Saint Paul, Minnesota 55106 Civil Division 400 Ciry Ha(1 Telephone: 651 266-8710 IS Wut Kellogg BIvA. Facsimile: 65! 298-56l9 SaintPaul, Minnesota 55102 NOTICE OF COUNCIL HEARING r,OURC� �'+.83&3�C1; �8�#°1' ��Q �, �. ��Q� RE: Application for Taacicab Driver's License Dear Mr. Jones: Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned license application has been scheduled for 5:30 p.m., Wednesday, September 27, 2000, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written argument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, ./ ��,�-� ., v �� Vuginia D. Palmer Assistant City Attomey cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Richard Jents, LIEP z�o—gs\ 7-2111-13017-2 STATE OF �AIN�ESOTA OFFiCE OF ADMINISTRATIVE HEARINGS FOR THE SAINT PAUL CITY COUNCIL In fhe Matter of the Taxicab Driver's License Application of Willie B. Jones, Jr. FINDWGS OF FACT CONCLUSiONS AND P,cC�MN1FNDATION The ai�ove-entitled matter came on for hearing before Administrafive Law Judge (ALJ) Richard C. Luis on August 17, 2000 in Room 42 of the Saint Paul City Hall, 15 W. Keilogg Blvd., St. Paul, MN. The record ciosed at the conclusion of the hearing on August 17. Virginia D. Palmer, Assisian* City Attorney, Offiice of fhe City Aiforney, 400 City Hall, 15 W. Keilogg Blvd., St. Paul, MN 55102, appeared on behalf of the Office of Licenses, Inspections and Environmental Protection of the City of Saint Paul (City, LIEP). There was no ap�earance by or on behaifi of Wiliie B. Jones, Jr. (Applicant). E�OTICE This Report contains a recommendation, not a final decision. The Saint Paul City Council wi11 rn�ke the final dECision in fihis matfer after a review of the record. The Council may adopt, reject, or modify the Findings of Fact, Conclusions and Recommendafion made herein. Pursuant to § 310.05 of 4he St. Paul Legislative Code, the Council's final decision shall not be made until this Report has been made available to the parties and the Applican4 has been provided an opportunity to present oral or wriften argument alleging error on the pa;i of the Administra4ive La�v Judge in the application of the law or fhe interprefiation of the facts, and an opportunity to pressnt argument relating to any recommended adverse action. The Applicant should contact the Offices of the Saint Paul City Council, 310 City Hall, Sf. Paul, MN, 55112, to ascertain the procedure for presenting argument to the Council. ST6�T�F�i��aT C7�• 4��t9� Whether the recommendation of the St. Paul Ofnce of Licenses, Inspections and Er.vironment�l Protecfion to deny a Taxicab Driver's License to Willie B. Jones, Jr. because of his felony conviction for possession of cocaine within the lasf five years should be affirmed. Based upon all of the proceedings herein, the Administrative Law Judge makes ihe iollowing: � _ o� -�st � Res�arch C ' F C�% n �i��.��VS c� ��.c= SE° 11 2Da0 1. A P�otice of Hearing �vas issued in this matfer on July 13, 2000. The Notice sef a hearing for 9:30 a.m. ? hursday, August 17, 2000 at Room 42 of the Saint Paul Cinr �lall, 15 W. Kellogg Bivd., St. Pau(, Minnesota. The Notice Uras-mailed �o tfie Apn;icar:t's IGsi known address — 328 BErmingham Street, St. Pau�, NN, 55106. --- 2. Willie B. Jones, Jr. did not appear afi the he�,ring. He did not contact fhe Administrative Law Judge, the Office of the City Attorney or the Or;�ce of Licenses, Inspections and Environmenfial Protecfion to request a continuance. 3. The 1�oiice of Hearing issued to fhe Applicant on June 13, 20�0 stafied, in relevant part, on page 2: "if you fail to appear at fhe Hearing your abiiity to chalienge t�e allegations will be forfeited and the aliegations against you which have been stated earlier in this Notice may be taken as firue." The Notice contained the following allegation, on page 2: "On June 10, 1997 you pled guilty to a felony charge of 5 Degree Possession of Cocaine." 4. A Ramsey County District Court printout for Case 62-K8-97-001563, admitted at the hearing as Exhibit 2, indicates that Willie B. Jones, Jr. pled guilty on June 10, 1997 fo a violation of Minn. Stat. § 152.025 (Fifth Degree Possession of a Controlled Substance). Violation of thaf statute is punishable by imprisonment up to 5 years, and is a fefony. On July 21, 1997, the Appficant was sentenced fio 17 monihs' confinemsnt and 5 years' probation as a resuli of the conviction. 5. Mr. Jones applied for licensure as a taxicab driver with the Cifiy's Office of License, inspecfions and Environmental Protection on June 6, 2000. In connection with fhat application process, the LIEP obtained aufhorizafion to check Mr. Jones's records from the Minnese�a Bureau of Criminal Apprehension. That record check resulted in the informa4ion noted above regarding Nir. Jones's felony conviction for possession of cocaine. 8. r�.s a result of hi� fail�re to Gppear z:± tne hearinc� on Aug�,�s� ; 7, fvir. Jones is in defauif. �,s a res�lf cf that d��ault, he has fo�e{ted �is abilify ro chalienge the allegations against him specified in the Notice of Hearing, which resulfed in fhe Recommendation to deny his license application, and the allegations specified against him in the Notice of Hearing may be talcen as true. Based upon the foregoing Findings of Fact, the Adrr;iristrative Law Judge makes the following: On-`�S1 CONCLUSIONS 1. The Adminisirative Law Judge and the Saint Paul City Council h�•,. e jurisdiction in this matter pursuani to Minn. Siat. §�4.55 and § 310.05 of fhe Saini °au; Legislative Code. 2. The Hearing was conducted in accordance with the requirements of Minn. Stat. §§ 14.57 fo 14.62 and applicable porEions of the proce�+ures set fo�th in § 310.Ob of the Saint Paul Legislative Code. 3. The City has given proper notice of fihe hearing in this matter and has fulffled all refevant, substantive and procedural requirements of law and rule. 4. By failing to appear at the scheduled hearing, the Applicant is in default. As a result, the allegations noted in the Notice of Hearing are taken as true. Under § 376.16(e)(4) ef the Saint Pa�,. Legisiative Code, the Applicant's conviction of Fifith Degree Felony Possession of Cocaine on June 10, 1997 disqualifies him from the operation of a taxicab in the Ci'ry of Saint Faul, and from receiving a license fior such operation for a period of five years after the conviction. As a result, it is appropriate to deny Mr. Jones's current application for a taxicab driver's license. 5. Minn. Stat. Chapter 364 allows licensing authorities to consider the rehabilitation and present fitness of criminal offenders in deciding on whether an occupational license should be granted. There is no evidenca of rehabilitation or of mental/emotional fi4ness on the part of the Applicant. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOiViI'.�E6a9�A i iO3�3 IT IS REC�ME�EP�DED that the Saint Paul City Council DENY the application of Willie B. Jones, Jr. for a Taxicab Driver's License. Daied this G�day of September, 2000. • � � �-' � ��"�,,� RICHAR C. LUIS Administrative Law Judge Report2d: Default NOTICE �Q —95� It is requested that the City of Saint Paul serve its final decision in this ma?�er upon the Administrative Law Judge by firsf class mail. OFFICE OF THE CITY ATTORNEY Claylon M. Robinsors, Jr., Ciry Aflorney bG7-- CITY OF SA1NT PAUL Norm Coleman, Mayor September 8, 2000 Mr. Willie B. 7ones, Jr. 328 Birmingham Street Saint Paul, Minnesota 55106 CivilDivision 400 Ciry Hall Telephone: 65! 266-8710 ISWestKellaggBlvd. Fauimile:651298-56/9 Sairst Paul, Minnesota iiJ02 3 NOTICE OF COUNCIL HEARING O/VY�iLN �i�v�'�'.�.L+ �Gll�vl ' '_ ._ I l } RE: Application for Taxicab Driver's License Dear Mr. Jones: Please take notice that a hearing on the report of the Administrative Law Judge conceming the above-mentioned license application has been scheduled for 5:30 p.m., Wednesday, September 27, 2000, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written azgument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, _/ ��-� v (�'�� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Richazd 7ents, LIEP STAT'E OF MINNESOTA OFFICE OF ADNIINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 �'eCL'rii�l r^cS8'�C^: L°?'xAr September 6, 2000 �r � r > � p t.6 y.i � SeV Fred Owusu City Clerk 170 City Hall 15 West Keliogg Boulevard St. Paul, MN 55102 !?C'r.^ ; � �1�� EP 0 ? 1DOQ CITY � RE: In the Matter of the Taxicab Driver's License Application of Willie B. Jones, Jr.; OAH Docket No. 7-2111-13017-3 Dear Mr. Owusu: a�� Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conciusions and Recommendation in the above- entitled matter. Also enclosed is the official record. Our file in this matter is now being closed. Very truly yours, RICH RD C. LUIS Administrative Law Judge Telep hone: 612/349-2542 RCL:aws Enclosures cc: Virginia D. Palmer Wiilie B. Jones, Jr. Providing Impartiai Hearings for Govemment and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 �TTY No. (612) 341-7346� Fax No. (612) 349-2665 � �`�S 1 STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) AFFIDAVIT OF SERVICE BY U.S. MAIL Debra S. Aws, being first duly sworn, hereby deposes and says that on the 6th day of September, 2000, at the City of Minneapolis, county and state aforementioned, she served the attached Findings of Fact, Conclusions of Law and Recommendation; Docket No. 7-2111-13017-3 by depositing in the United States mai( at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid and addressed to the individuals named herein. Fred Owusu City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, MN 55102 Virginia D. Palmer Assistant City Attorney Office of the City Attorney 400 City Hall 15 W. Kellogg Blvd. St. Paul, MN 55102 Mr. Willie B. Jones, Jr. 328 Birmingham Street Saint Paui, Minnesota 55106 Subscribed and sworn to before me this �`�h day of September 2000. � � 1 �, c��'o-�-, , E� Notary Public ' °`�` � LaVpNREGAN nmun we� - �ma�otn ��. • � JANUARY 3N 2005� ��.1�(� Debra S. Aws � 7-2111-13017-2 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE SAINT PAUL CITY COUNCIL In the Matter of the Taxicab Driver's License Application of Willie B. Jones, Jr. FINDINGS OF FACT. CONCLUSIONS AND RECOMMENDATION The above-entitled matter came on for hearing before Administrative Law Judge (ALJ) Richard C. Luis on August 17, 2000 in Room 42 of the Saint Paul City Hall, 15 W. Kellogg Blvd., St. Paul, MN. The record closed at the conciusion of the hearing on August 17. Virginia D. Paimer, Assistant City Attorney, Office of the City Attorney, 400 City Hall, 15 W. Kellogg Bivd., St. Paul, MN 55102, appeared on behalf of the Office of Licenses, Inspections and Environmental Protection of the Cifij of Saint Paul (City, LIEP). There was no appearance by or on behalf of Willie B. Jones, Jr. (Applicant). NOTICE This Report contains a recommendation, not a finaf decision. Tfie Saint Paul City Council will make the final decision in this matter after a review of the record. The Council may adopt, reject, or modify the Findings of Fact, Conclusions and Recommendation made herein. Pursuant to § 310.05 of the St. Paul Legislative Code, the Council's final decision shall not be made until this Report has been made available to the parties and the Applicant has been provided an opportunity to present orai or written argument alleging error on the part of the Administrative Law Judge in the application of the law or the interpretation of the facts, and an opportunity to present argument relating to any recommended adverse action. The Applicant should contact the Offices of the Saint Paul City Council, 310 City Hail, St. Paul, MN, 55112, to ascertain the procedure for presenting argument to the Council. STATEMENT OF ISSUE Whether the recommendation of the St. Paul Office of Licenses, Inspections and Environmentai Protection to deny a Taxicab Driver's License to Willie B. Jones, Jr. because of his felony conviction for possession of cocaine within the last five years should be affirmed. Based upon all of the proceedings herein, the Administrative Law Judge makes the foilowing: � � _ys� FINDINGS OF FACT 1. A Notice of Hearing was issued in this matter on July 13, 2000. The Notice set a hearing for 9:30 a.m. Thursday, August 17, 2000 at Room 42 of the Saint Paul City Hall, 15 W. Kellogg Bivd., St. Paul, Minnesota. The Notice was mailed to the ApplicanYs last known address — 328 Birmingham Street, St. Paul, MN, 55106. 2. Wiifie B. Jones, Jr. did not appear at the hearing. He did not contact the Administrative Law Judge, the Office of the City Attorney or the Office of Licenses, Inspections and Environmental Protection to request a continuance. 3. The Notice of Hearing issued to the Appiicant on June 13, 2000 stated, in relevant part, on page 2: "If you fail to appear at the Hearing your ability to challenge the allegations will be forFeited and the allegations against you which have been stated earlier in this Notice may be taken as true." The Notice contained the foilowing allegation, on page 2: "On June 10, 1997 you pled guilty to a felony charge of 5tn Degree Possession of Cocaine." 4. A Ramsey County District Court printout for Case 62-K8-97-001563, admitted at the hearing as Exhibit 2, indicates that Willie B. Jones, Jr. pled guilty on June 10, 1997 to a violation of Minn. Stat. § 152.025 (Fifth Degree Possession of a Controlled Substance). Violation of that statute is punishable by imprisonment up to 5 years, and is a felony. On July 21, 1997, the Appiicant was sentenced to 17 months' confinement and 5 years' probation as a result of the conviction. 5. Mr. Jones applied for licensure as a taxicab driver with the City's Office of License, Inspections and Environmental Protection on June 6, 2000. In connection with that application process, the LIEP obtained authorization to check Mr. Jones's records from the Minnesota Bureau of Criminal Apprehension. That record check resulted in the information noted above regarding Mr. Jones's felony conviction for possession of cocaine. 6. As a resuit of his failure to appear at the hearing on August 17, Mr. Jones is in default. As a result of that default, he has forteited his ability to challenge the allegations against him specified in the Notice of Hearing, which resulted in the Recommendation to deny his license appiication, and the ailegations specified against him in the Notice of Hearing may be taken as true. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: ��_qSl CONCLUSIONS 1. The Administrative Law Judge and the Saint Paul City Council have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and § 310.05 of the Saint Paul Legislative Code. 2. The Hearing was conducted in accordance with the requirements of Minn. Stat. §§ 14.57 to 14.62 and applicable portions of the procedures set forth in § 310.05 of the Saint Paul Legislative Code. 3. The City has given proper notice of the hearing in this matter and has fulfilled all relevant, substantive and procedural requirements of law and rule. 4. By failing to appear at the scheduled hearing, the Applicant is in default. As a result, the allegations noted in the Notice of Hearing are taken as true. Under § 376.16(e)(4) of the Saint Paul Legisiative Code, the ApplicanYs conviction of Fifth Degree Felony Possession of Cocaine on June 10, 1997 disqualifies him from the operation of a taxicab in the City of Saint Paul, and from receiving a license for such operation for a period of five years after the conviction. As a result, it is appropriate to deny Mr. Jones's current application for a taxicab driver's license. 5. Minn. Stat. Chapter 364 allows licensing authorities to consider the rehabilitation and present fitness of criminal offenders in deciding on whether an occupational license should be granted. There is no evidence of rehabilitation or of mental/emotional fitness on the part of the Applicant. Based upon the foregoing Conclusions, the Administrative �aw Judge makes the following: RECOMMENDATIQN IT IS RECOMMENDED that the Saint Paul City Council DENY the application of Willie B. Jones, Jr. for a Taxicab Driver's License. Dated this � day of September, 2000. . / /.� � �/ �� RICHAR C. LUIS Administrative Law Judge Reported: Default f�� `�S � NOTICE It is requested that the City of Saint Paul serve its finai decision in this matter upon the Administrative Law Judge by first class mail. o � _�S1 OFFICE OF ADMIPTISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SA1NT PAUL In Re the TaYicab Driver's License Application of Willie B. Jones CITY'S PROPOSED EXHIBITS August 17, 2000 TO: Judge Richazd C. Luis, Administrative Law 7udge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list ofthe City's proposed exhibits for the Administrative Hearing on August 17, 2000. Exhibit No. Description E�. No. 1 Taxicab Driver's License Application submitted by Willie B. Jones, dated June 6, 2000 (4 pp.); Exh. No. 2 Ramsey County Court printout for case 62-K8-97-001563 (5 pp.); Exh. No. 3 Notice of Intent to Deny License Application, dated June 14, 2000, with Affidavit of Service (3 pp.); Exh. No. 4 Notice of Hearing, dated July 13, 2000, with Affidavit of Service (4 pp.). r}c7—`lS � Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code § 310.05 St. Paul Legislative Code § 310.06 St. Paul Legislative Code Chapter 376. Taxicabs vlinn. Stat. Chapter 364 Respectfully submitted this 17th day of August, 2000. ;�r ��"SC� Virginia . Palmer Assistant City Attomey Office of The City Attomey 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 OFFICE OF TFIE CITY ATTORNEy Cf¢y[on M. Robinson� Jr.� CiryACOrney 8C� CITY OF SAIi�tT PAUL Norm Co[em¢n, Mayor July 13, Z000 Mr. Willie B. Jones, 7z. 328 Birmingham Street Saint Paul, Minnesota 55106 - CiviZDivisiars 400 Ciry Hall IS West%llogg B[vd Saint Paul Minnesofa SSI01 NOTICE OF HEARING RE: Application for Tasicab Driver's License Our File Number: G00-0185 Deaz Mr. Jones: Telephnne: 657 266-8710 FacsfmHe: 651298-5619 �: c. cr� — � r � � T � r- ` r;- �J Please take notice that a hearin� will be held at the following time, date and place concerning your application for a taxicab driver's license: Aate: Thursday, August 17, 2000 Time: 9:30 a.m. Place: Room 42 St. Paul City Hail 15 W. Keliogg Blvd. St. Paui, MN. 55102 The hearing will be presided over by an Administrative Law 7udge from the State of Minnesota Office of Adaunistrative Hearings: Name: Telephone: Richard C. Lnis Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 612-349-2542 The Council of the City of Saint Paul has the authority to provide for hearings conceming licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- fI o —`� \ intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may inciude denial, revocarion, suspension, fines and other penalties or conditions. Evidence wili be presented to the jud�e which may lead to adverse action a�ainst your application for a tasicab driver's license as follows: On June 10,1997 you gled guilty to a felony charge of 5th Degree Possession of Cocaine. You have the right to be represented by an attomey before and during the hearing or you can represent yourself. You may aiso have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements ofMinnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under secrion 310.05 of the Saint Paul Legislative Code as may be applicable. ' At the hearing, the Administrative Law Judge will have all parties idenrify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any wiinesses or evidence it may wish to present, each ofwhom the City's attorney may cross-examine. The Administrative Law 7udge may in addition hear relevant and material testimony from persons not gresented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a speci6c recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of docuxnents in conformity with Minuesota Rules, part 1400.7000. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegarions against you which have been stated eazlier ix� this notice may be taken as true. If non- public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.6Q subdivision 2. Notice of Hearing - Page 2 c�o—e1S\ If you have any questions, you can call me at 266-8710. Very truly yours, (/ '+�-�4-=�J �� "e'� � Virginia D. Palmer Assistant City Attomey cc: Nancy Thomas, Office of Admuustrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Rich Jents, LIEP � Notice of Hearing - Page 3 RECElPT FOR APPL1CA710N o� -�tS � CITY OF SAiNT PAUL OFf1Cc OF LICEMSE, INSPECTIONS AND EM/IRONMINfAL PR07EC770N 350 SL Pefer SG Surte 300 SairRPaN, Minnemta 55f02 (651) 266-9090 far (651) 266-9124 Date of Application: Jun O6, 2000 Received From: 200000o2fi8a WfLL1E B JONES Jft WILLIE B JONES JR 328 BIRMINGi1AM ST ST PAUL MN 55'106 In application for: Taxicab Driver (Provisional) (1 ) Eff Date: Jun 06, 2000 - Exp Date: Jun O6, 200'I Lic Fee: $66.00 Amount Paid: $66.00 Total Due on this application $66.00 Ofher Fees Owed $0.00 Account Total Amount Oue 566.00 Amount Paid $66.00 Date Received Jun O6, 2000 Conhcts: Conditions: Project Facilitator: inspector(s): Requirements: Record Check Outstanding Account Baiance Due SO.00 ASUNCION, CORINNE This is not a License to oF� In Re the Taxicab Driver s icense ■ _ Application of Willie B. Jones _ Page t of 1 City s Exh. No. 1 • < ry�? - � �� 6c�—�s y TAXICAB DRIVER LICENSE APPLICATION THIS APPLICATION IS SUBJECT TO REVFEW BY THE PUBLIC PLEASE TYPE OR PRL'�IT IN INK LICE\TSES ARE NOT TRANSFERABLE PAYI�NT 4IUST SE RECEIVED WITH EACH APPLICATION APPLICA:\'T VNST BE PRESENT' TO APPLY CIT'Y OF SAII�7T PAUL Office of License, Inspecrions and &�vironmenW ProrecUOn 350 Sc PaerSC Sw�c 3Up =-:Me�+woQOa ss,oz (651) 2569090 :zx (6517 266-912C Applicant Infocmation: Name aad T$e. - �f� °�� rrC-� "`� -': � o rrc 5-`r - ;�''�: ` -` �.=_-,J �- ' _ - _ _ . Fiis[ Middle (Maiden) I.ast Ticte HomeAddzess: E�'��:j�i`fm,'.�=�i�'�..' . -.:.:°�::'_°i�av:.�?',:�.�"��°,..:°=..�.";�;��;-,=�.'�� -. - -. Sheet (Y, Name, Type, Direc[ion) City State Zip+4 MailToAddress(i£differentthanhomeaddzess): �r'nca5 a,��e- Street ('�, Name, Type, Direction) Ciry State Zip+4 x .- _ Home Phone: ( ,�'� ° `P'tti,:cF`. . - :;;:�.� DateofBirth :�f�<=�`� /:��.: PlaceofBirth: �'"'�`ss"tzs��"�'.� F"�` T `� � __ Driver's License # �..�°5°�-p=°°8-8�`i��:`zk$�»`:`.`��' --�°=�`. Exp. Date �� '�-. -�� -' Are you a citizen of the United States? �';�{ L`S:'' `' :'_'''�'=�"'=s'' If you are not a US resident, you must provide proof of wo�k authorization from the US Immigration and Naturalization Service. Name and Address of cab company you will be driving for Do you own or lease the cab you drive? � ta5 �- What is the lease rate you pay to operate the cab? ANY FALSIFTCATIOPI OF ANSWERS GIVEN OR MATERIAL SUBNIITTED WILL RESULT IN DEIVIAL OF THIS APPLICATION I hereby state that I have answered all of the preceding quesrions, and that the informarion contained herein is �ue and cocrect to the best of my knowledge and belief. I hereby state fureher that I have received no money or other considerarion, by way of loan, gift, contribution, or otherwise, other than aiready disclosed in the applicaaon which I herewith submitted. I also hereby state that Ihave read andunderstand the rules and regulaROns set forth in Chapter 376.16 (Taxicab Driver's License of the Saint Paul Legislative Code). Signahue (REQUIIZED for All applicants mu§t piesent Valid State of;IvEinnesc ��- ,�F'or dnvezs'with ai �,. ��She Deparhnent of `i p �� "�s . A"� id check"obtaini Theiecoidcheck; �.�<. .. �a,.. ' "" �ents, af 1 .3i z / .: C't �:. _ _ -�.�� s � E ate � � �:. Q ng record for`the last three (3J�ears frc ; `s. �,, :x � �� s :�" Y:,; ,;;, -� � -* '* _ r--. 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[ ,... _ ,..-� F��u� uX�� -.�', � .+ ' +.r - , _ ' � , 4 .`.,�," :a:._ V �.. �:., .Y L`y _ -^:�w: Y,� . . y'_ C-: -e �' =<``�• .; S � �, -��-.� .:� � �� .< > � oa—�s` � m � � N a _� � W o� �' G ' QQ g '. � w2`! rN < mfl Q , n� �¢ � W�� . � !� J Z p O �i � m m� � }it.r1N 3 : - --- -� Criminal Case Summary SD1008.0/000811:124937 bt� —`LS � 62-K8-97-001563 FelonV Date filed• OS/14/1 Name: JONES, WILLIE BERL, [040797] Alias: DOB: 02/09/1968 Race: Black Sex: Male Soc Sec # 425279488 D£nt Attrny: THOMAS LAWRENCE DONOHUE Type: Public Def Dfnt Status: Own Recog Status Date: 09/14/1998 Bail Amount: Case Status CIASED Offense Date: 04/07/1997 Warrant Date: I,ocation: 1 Continuances: 0 Tria1 Type: Jurisdiction: District CCT Plea Charge Chap/Sect/SUbd GOC UOC Verdict 001 GUILTY POSS COCAINE 5TH DGR 152.025 21 N DH5A0 Convicte Date Last 10/30/1998 Pending O1/21/2003 Activity Time Judge Transcript 2:09 Archive CRT Disposition Date Next FC_ 04 06 OS 10 � n e t e axica r�� ice'L' nse —■ _ Application of Willie B. Jones _ City s Exh. No. 2 SD1009.0/000811:124954 Criminal Sentencing Inquiry Last 62-K8-97-001563 Felonv Date filed• 05/14/1 Defendant: JONES, WILLIE BERL, [040797] SENTENCING: Date-07/21/1997 Judge-03515G Stay Imposition: 0 �_� S; COUNTS: 001 SENTENCE Year Mos Davs Pronounced 17 _ Probation 5 Conditional Lenqth of Stav 5 Fined S 3075.00 Surcharge $ 0.00 Costs $ 0.00 Public Def. S 0.00 Restitution S 0.00 Recipient: DL Suspend: School COMMENTS: 9-14-98 PV 45 Con£inement NCIC: MN062023C Probation NCIC: MN062013G Type: S Residential Treatment: Stayed S 3000.00 Concurrent Consecutive Other Court Provisions: This other Cmpint Cmpint Reinstated: Alchl Assess: $ : Date- Waived ADMIT,J.COHEN-CONT PROB SAME T/C,$300/SAVE,FEES WVD,CHEM DEP UPDATE,AA WEEKLY,TX PER PO,OBTAIN AA SPONSOR Next FC_ O1 02 03 06 07 08 09 12 SD2005.0/000614:100422 Activity Display gi 62-K8-97-001563 Felonv Date filed• 05/14/1 The State of Minnesota vs. WILLIE BERL JONES, f0407971 � O-�Sl Time Status Crt In- Tr- Continu Date Activity Start/End Judge Notice Room trp ied SrvcDa _ 05/14/97 Case Filed 1I:39/11:39 OCC/ CPLT FILED AS WARRANT BS @$2,000 KMS 05/14/97 Warrant 11:39/ G Shumaker OCC/ SP CPLT FILED AS WARRANT BS @$2,000 _ 05/14/97 Warrant 11:39/ G Shumaker OCC/ SP WARRANT SENT TO SHERIFFS OFFICE KMS 06/O1/07 Warr Rvw / CAN/ CPLT FILED AS WARRANT BS @$2,OQ0 _ 05/20/97 War Retd o8:19/ OCC/ DFD ARR WAR #973876; FA 5/20/97 1:30PM ADC RC 05/20J97 lst Distrt 01:30/ L Cohen OCC/ SP CUS DFD ARR WAR #973876 1ST APP ADC _ 05/20/97 lst Distrt 01:30/ L Cohen OCC/ SP PD APPTD NP FO 6/3/97 1PM ADC BSA $500 AMP 06/03/97 Omnibus 01:00/ G Shumaker OCC/ SP CUS NP FO ADC _ 06/03/97 Omnibus 01:00/ G Shumaker OCC/ SP PCF PNG CONTESTED OH 6/24/97 1:30 COHEN BAIL MOTION DENIE AMP 06/24/97 Cntsted OH 01:30/ L Cohen CAN/ SP CUS PNG CONTESTED OH COHEN _ 06/03/97 Doc. Filed 04:51/ OCC/ RULE 7& 9 DISCLOSURE FILED BY STATE AMP _ 06/03/97 Order 04:52/ OCC/ ORDER SETTING DISPOSITIONAL CONFERENCE AMP _ 06/03/97 Doc. Filed 04:54/ OCC/ OMNIBUS NOTICE, REQUEST FOR DISCLOSURE AND MOTION AMP _ 06/05/97 Doc. Filed 09:03/ OCC/ DISCLOSURE OF WITNESSES PP _ 06/05/97 Clerical 12:00/ OCC/ OH-2 STRICKEN - ADV FOR PLEA HRG 6-10-97 8:30 COHEN 1240 PER CHRISTINE-LC J. COHEN EAN 06/10/97 Hearing 08:30/ L Cohen CAN/ 1240 CUS PLEA HRG - ADV FRQM 6-24-97 OH-2 CQHEN _ 06/06/97 Doc. Filed 01:52/ OCC/ NOTICE OF CONTESTED OMNIBUS HEARING PP _ 06/06/97 Correspond 01:53/ OCC/ LETTER FROM THOMAS L DONOHUE TO C7ALISA MCKINNEY PP _ 06/10/97 Plea Hrng 08:30/ L Cohen OCC/ SP PG AS CHGD,POSS COCAI23E-5TH� FC PSI/S23T 7-21-97 AT 1:30PM J.COHEN,ROOM 1240. DEF RELEASED CR/PR PKW 07/21/97 Pre-sntlnv 09:57/ OCC/ 07/21/97 Sentencing 01:30/ L Cohen OCC/ 1240 CR/PR-PG AS CHGD-PSI/SNT,J.COHEN,ROOM 1240 _ 06/10/97 Doc. Filed 09:50/ OCC/ FELONY GUILTY PLEA-PETITION FILED PKW _ 06/24/97 Order 03:59/ OCC/ ORDER OF CONDITIONAL RELEASES JJW _ 07/21/97 Pre-sntInv 09:57/ OCC/ _ 07/21/97 AuditorPas 10:24/ OCC/ WILLIE BERL JONES WAS FOUND GUILTY OF A FELONY 7/21/97 "PO5S COCAINE 5TH DEGREE" D.O.B 2/9/68; PM _ 07/21/97 Sentencing 01:30/ L Cohen OCC/ 1240 COFC 17MOS &$3000 STY EX TO PROB 5YRS CND;1)SRV 45DYS-CR 2)USL TC PB;3)CE/CMPL;4)ABSTN;5)UA�S/BRTA6)ED/VOC COUN;7) CC;$3000 MAY BE REDUCED BY $300 W/CLEAN UA�S;P/A;TSI 8/4; O1/21/03 Archive / CAN/ _ 07/21/97 Clerical 02:50/ OCC/ FINE MGR DEFT TO PAY BY 8/4 MD �� _� 1 08/04/97 Sp ACCt Rv / CAN/ P/A MD _ o�/2i/9� ciosea os:oo/ occ/ Next FC_ Ol 02 03 04 06 10 11 12 'S SD2005.0/000614:I00450 Activity Display Co 62-K8-97-001563 Felonv Date filed• 05/14/1 The State of Minnesota vs. WILLIE BERL JONES, f040797] �� Time Status Crt In- Tr- Continu Date Activity Start/End Judge Notice Room trp ied SrvcDa _ 08/05/97 Pd in Fu11 01:18/ OCC/ 75 CASH JRM _ 10/24/97 Transcript 12:05/ OCC/ TRANSCRIPT OF PLEA FILED LH _ 11/24/97 Transcript 01:55/ OCC/ TRANSCRIPT OF SENTENCING FILED LHF3 _ 08/20/98 Warrant 02:58/ L Cohen OCC/ PV FILED BY JEFF MARTIN; FT COMPLETE EX CARE CHEM PRG AT TWIN TOWN; FT ABSTAIN FROM DRUGS KAB 09/01/08 Warr Rvw / L Cohen CAN/ SP/PV; FT COMP TWIN TOWN PRG; ABSTAIN ARC 1-21-03 _ 09J09/98 war xeta ii:3o� occ/ DEFT ARRESTED ON PV WARR - PER PO: JEFF MARTIN SET FOR PV HRG 9-14-98 1:30PM COHEN SAB 09/14/98 Revoc Hrg 01:31/ L Cohen OCC/ CH CUS PV IiRG PO; JEFF MARTIN ARC 1-21-03 _ 09/14/98 Revoc Hrg 01:31/ L Cohen OCC/ CH PV ADMIT-CONT PROB SAME TERMS/CONDS,CR 7DYS,CHEM EVAL UPDATE,AA WEERLY,TREATMENT PER PO,OBTAIN AA SPONSOR p�7 01/21/03 Archive / 09/14/98 Closed 05:30/ 10/30/98 Transcript 02:09/ TRANSCRIPT OF PROB VIOL HRG PEN/ OCC/ OCC/ OF 9/14/98 FILED LHH � OFFICE �' THE CITY ATTORNEY � � ClaytonM... .nson.la,CiryAltorney CITY OF SA1NT PAUL Norm Colem¢n, Mayor June 14, 2000 CivilDivision 400 Ciry Hal[ li Wur Kellogg Btvd. Saint Pnul, Minnesota 55/.02 NOTICE OF INTENT TO DEi�iY LICEN5E APPLICATION Mr. Willie B. Jones, Jr. 328 Birmingham Street Saint Paul, Minnesota 55106 _. RE: Application for Taxicab Driver's License Dear Mr. 7ones: �O--�LS � Telephone: 651166-8710 Facsimile: 65! 298-i6l9 m The Office of License, Inspecrions and Environmental Protection has recommended denial of your appiication for a taxicab driver's license. The recommendation is based on the following: On June 10,1997 you pled guilty to a felony charge of 5` Degree Possession of Cocaine. Saint Paul Legislative Code. § 376.16(e)(4) states that to be eligible to operate a taxicab an applicant must have no felony convictions in the last five yeazs and no non-traffic gross misdemeanor or misdemeanor convictions in the last three yeazs involving the use or threat of use of force, possession or sale of a controlled substance, prostitution or indecent conduct. If you do not dispute the above facts, you may withdraw your application at this time. Alternatively, if you do not dispute the above facts, but wish to have a hearing in front of the Saint Paul City Council to dispute the recommended denial of your license application, you wili need to send me a letter admitting the violation and requesting a public hearing. The matter will then be scheduled for a public hearing before the City Council to determine the disposition of your license application. You will have an opportunity to appear and speak on your own behalf, or to have someone appear there for you. • n e t e axica river s icense � _ Application of Willie B. Jones _ City s Exh. No. 3 " Pa�e 2 Mr. Willie B. Jones, Jr. June 14, 2000 p0-RS� On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearin� before an Admuristrative Law Jud�e (AL�. If you wish to have such a hearing, please send me a letter stating that you aze contesting the facts. You will then be sent a"Notice of Hearin�," so you will laiow when and where to appeaz, and what the basis for the hearin� will be. If you have not contacted me by Monday, June 26, 2000, I will assume that you are not contesting the facts and wili schedule this matter for the St. Paul City Council and have it placed on the Consent Agenda during which no public discussion is allowed and the recommended deniai of your license application will be imposed. If you have any questions, feel free to contact me at 266-8710. Sincerely, _ (/ ��-- � Virginia D. Palmer Assistant City Attomey cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Rich Jents, LIEP �O—`ls� STATE OF MINNESOTA COUNTY OF RAMSEY ss. AFFIDAVIT OF SEI2VICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on June la, 2000, she served the attached NOTICE OF INTENT TO DENY LICENSE APPLICATION upon the following named person placing a true and correct copy thereof in an envelope addressed as follows: Mr. Wi11ie B. Jones, Jr. 328 Birmingham Street St. Paul, MN. 55106 (which is the last known address of said person? and depositing the same, with postage prepaid, in the United States mails at St. Pau1, Minnesota. �1 !, „ �. � Subscribed and sworn to before me this 14th da,sr Su�l. 24@9 _ /� / %�ty �:'� PETER P. PANG80RN Notary PUb11C �TA��jMM1881UN�TA � EXP1ftE� JAN.31. 20fJ'S OFFICE ^F THE CTTY ATTORNEy C[aylon tt. �insott� Jc� CityAttorney CITY OF SAINT PAUL Norm Coleman, Mayor July 13, 2000 Mr. Willie B. Jones, Jr. 328 Bimungham Street Saint Paul, Minnesota 55106 CivII Division 400 City Hal1 IS West Kellogg B[vb Saint Paul, Minnesata 55101 NOTICE OF HEARING RE: Application for Taxicab Driver's License Our File Number: G00-0185 Deaz Mr. Jones: ��— ls� Te[ephone: 657 266-8710 Facsimile: 657198-5619 Please take notice that a hearing will be held at the following time, date and place conceming your application for a taacicab driver's license: Date: Time: Place: Thursday, August 17, 2000 9:30 a.m. Room 42 St. Paui City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Adminislrative Hearings: Name: Telephone: Richard C. Luis Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 612-349-2542 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action againsT such licenses, under Chapter 310, includin� sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- � n e ie anca rrver s icense � _ Application of Willie B. Jones _ City s Exh. No. 4 ,intoxicating liquor, authority ,s also conveyed by Minnesota Statutes �ection 340A.415. Adverse action may include denial, revocation, suspension, fines and other penalties or conditions. O l Evidence wili be presented to the judge which may lead to adverse action against your application for a taYicab driver's license as foliows: On June 10, 1997 you pled guiity to a felony charge of 5 Degree Possession of Cocaine. You have the right to be represented by an attomey before and during the hearing or you can represent yourself. You may aiso have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. ' At the hearing, the Administrative Law Judge will have ail parties identify themselves forthe record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each ofwhom the City's attomey may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge wiil prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in confomuty with Minnesota Rules, part 1400.7000. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Adminislzative Law Judge for incorporation into his or her recommer_dation for Council action. If you fail to appear at the hearing, �our ability to challenge the aliegations will be forfeited and the allegations against you which have been stated eazlier in this notice may be taken as true. If non- public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Notice of Hearing - Page 2 If you have any questions, you can call me at 266-8710. Very truly yours, � �� Virginia D. Palmer Assistant City Attomey 00—rls 1 cc: Nancy Thomas, Office of Administrative Hearin�s, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Rich Jents, LIEP � Notice of Fiearing - Page 3 ��—°�5\ STATE OF MINNESOTA ) ) ss_ COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLE�IENTS, being first duly sworn, deposes and says that on July la, 2000, she served the attached NOTICE OF N_EAKING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Willie B_ Jones, Jr. 328 Birmingham Street St. Paul, MN. 55106 (which is the last known address of said person) and depositing the same, with postage prepaid, in the Unit tes mails at�,.S�t��aul, Minnesota. /l /1 lT CLEMENTS Subscribed and sworn to before me this 14th da�lof �3jy, 2000. PETER P. PANGBORPa NOTAAY PUBtJC - M1NNP�> �. Notary P ic •' IRESJAN.3" ',.;!:i STATE OF MINNESOTA OFEICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesoia 55401-2738 September 6, 2000 Fred Owusu City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, MN 55102 P., �rrri�lED SEP o 7 20gp CITY �� RE: In the Matter of the Taxicab Driver's License Application of Willie B. Jones, Jr.; OAH Docket No. 7-2111-13017-3 Dear Mr. Owusu: r>6 - 9s� Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions and Recommendation in the above- entitled matter. Also enclosed is the official record. Our file in this matter is now being closed. Very truly yours, RIC RD C. LUIS Administrative Law Judge Telep hone: 612/349-2542 RCL:aws Enclosures cc: Virginia D. Palmer Willie B. Jones, Jr. Providing Impartia( Hearings for Government and Citizens An Eaual Opportunitv Emplover Administrative Law Section & Administrative Services (612) 341-7600 �TTY No. (612) 341-7346� Fax No. (612) 349-2665 bd'�S STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) AFFIDAVIT OF SERVICE BY U.S. MAIL Debra S. Aws, being first duly sworn, hereby deposes and says that on the 6th day of September, 2000, at the City of Minneapolis, county and state aforementioned, she served the attached Findings of Fact, Conclusions of Law and Recommendation; Docket No. 7-2111-13017-3 by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid and addressed to the individuals named herein. Fred Owusu City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, MN 55102 Virginia D. Palmer Assistant City Attorney Office of the City Attorney 400 City Hall 15 W. Kellogg Blvd. St. Paul, MN 55102 Mr. �Ilie B. Jones, Jr. 328 Birmingham Street Saint Paul, Minnesota 55106 Subscribed and sworn to before me this �`� day of September 2000. / 1 � CzU@� vs��-,-, Notary Public # :� `"" ' LsVON REGAN �.- , No+�nrw�c.�� MY C�IMISSION EXPIRES S e �iM�i J�V�Y 3�� PI. C..G� Debra S. Aws D �,�� 7-2111-13017-2 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE SAINT PAUL CITY COUNCIL In the Matter of the Taxicab Drive�s License Application of Willie B. Jones, Jr. FINDINGS OF FACT. CONCLUSIONS AND RECOMMENDATION The above-entitled matter came on for hearing before Administrative Law Judge (ALJ) Richard C. Luis on August 17, 2000 in Room 42 of the Saint Paul City Hall, 15 W. Kellogg Blvd., St. Paul, MN. The record closed at the conclusion of the hearing on August 17. Virginia D. Palmer, Assistant City Attorney, Office of the City Attorney, 400 City Hall, 15 W. Kellogg Blvd., St. Paul, MIV 55102, appeared on behalf of the Office of Licenses, Inspections and Environmental Protection of the City of Saint Paul (City, LIEP). There was no appearance by or on behalf of Willie B. Jones, Jr. (Applicant). NOTICE This Report contains a recommendation, not a final decision. The Saint Paul City Council will make the final decision in this matter after a review of the record. The Council may adopt, reject, or modify the Findings of Fact, Conclusions and Recommendation made herein. Pursuant to § 310.05 of the St. Paul Legislative Code, the Council's final decision shall not be made until this Report has been made available to the parties and the Applicant has been provided an opportunity to present oral or written argument alleging error on the part of the Administrative Law Judge in the application of the law or the interpretation of the facts, and an opportunity to present argument relating to any recommended adverse action. The Applicant should contact the Offices of the Saint Paul City Council, 310 City Hall, St. Paul, MN, 55112, to ascertain the procedure for presenting argumeni to the Council. STATEMENT OF ISSUE Whether the recommendation of the St. Paul Office of Licenses, Inspections and Environmental Protection to deny a Taxicab Driver's License to Willie B. Jones, Jr. because of his felony conviction for possession of cocaine within the last five years should be affirmed. Based upon all of the proceedings herein, the Administrative Law Judge makes the following: D b,RSi FINDINGS OF FACT 1. A Notice of Hearing was issued in this matter on Ju1y 13, 2000. The Notice set a hearing for 9:30 a.m. Thursday, August 17, 2000 at Room 42 of the Saint Paul City Hall, 15 W. Kellogg Blvd., St. Paul, Minnesota. The Notice was mailed to the ApplicanYs last known address — 328 Birmingham Street, St. Paul, MN, 55106. 2. Wiflie B. Jones, Jr. did not appear at the hearing. He did not contact the Administrative Law Judge, the Office of the City Attorney or the Office of Licenses, Inspections and Environmental Protection to request a continuance. 3. The Notice of Hearing issued to the Applicant on June 13, 2000 stated, in relevant part, on page 2: "If you fail to appear at the Hearing your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this Notice may be taken as true." The Notice contained the following allegation, on page 2: "On June 10, 1997 you pled guilty to a felony charge of 5tn Degree Possession of Cocaine." 4. A Ramsey County District Court printout for Case 62-K8-97-001563, admitted at the hearing as Exhibit 2, indicates that Willie B. Jones, Jr. pled guilty on June 10, 1997 to a violation of Minn. Stat. § 152.025 (Fifth Degree Possession of a Controlled Substance). Violation of that statute is punishable by imprisonment up to 5 years, and is a felony. On July 21, 1997, the Applicant was sentenced to 17 months' confinement and 5 years' probation as a result of the conviction. 5. Mr. Jones applied for ficensure as a taxicab driver with the City's O�ce of License, Inspections and Environmental Protection on June 6, 2000. In connection with that application process, the LIEP obtained authorization to check Mr. Jones's records from the Minnesota Bureau of Criminal Apprehension. That record check resulted in the information noted above regarding Mr. Jones's felony conviction for possession of cocaine. 6. As a result of his failure to appear at the hearing on August 17, Mr. Jones is in default. As a result of that default, he has forfeited his ability to challenge the allegations against him specified in the Notice of Hearing, which resulted in the Recommendation to deny his license application, and the allegations specified against him in the Notice of Hearing may be taken as true. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: ��'�'� CONCLUSIONS 1. The Administrative Law Judge and the Saint Paul City Council have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and § 310.05 of the Saint Paul Legislative Code. 2. The Hearing was conducted in accordance with the requirements of Minn. Stat. §§ 14.57 to 14.62 and applicable portions of the procedures set forth in § 310.05 of the Saint Paul Legislative Code. 3. The City has given proper notice of the hearing in this matter and has fulfilled all relevant, substantive and procedural requirements of law and rule. 4. By failing to appear at the scheduled hearing, the Applicant is in default. As a result, the allegations noted in the Notice of Hearing are taken as true. Under § 376.16(e)(4) of the Saint Paul Legislative Code, the ApplicanYs conviction of Fifth Degree Felony Possession of Cocaine on June 10, 1997 disqualifies him from the operation of a taxicab in the City of Saint Paul, and from receiving a license for such operation for a period of five years after the conviction. As a result, it is appropriate to deny Mr. Jones's current application for a taxicab driver's license. 5. Minn. Stat. Chapter 364 allows licensing authorities to consider the rehabilitation and present fitness of criminal offenders in deciding on whether an occupational license should be granted. There is no evidence of rehabilitation or of mental/emotional fitness on the part of the Applicant. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS RECOMMENDED that the Saint Paul City Council DENY the application of Willie B. Jones, Jr. for a Taxicab Driver's License. Dated this � day of September, 2000. �� - RICHAR C. LUIS Administrative Law Judge Reported: Default � 1 No It is requested that the City of Saint Paul serve its final decision in this matter upon the Administrative Law Judge by first class mail. �' OFFICE OF ADNIINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In Re the TaYicab Driver's License Application of Willie B. Jones CITY'S PROPOSED EXI3IBITS August 17, 2000 ��"�`'� TO: Judge Richazd C. Luis, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Squaze, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list ofthe City's proposed exhibits for the Administrative Hearing on August 17, 2000. Exhibit No. Exh. No. 1 Exh. No. 2 Exh. No. 3 Description Taacicab Driver's License Application submitted by Willie B. Jones, dated June 6, 2000 (4 pp.); Ramsey County Court printout for case 62-K8-97-001563 (5 pp.); Notice of Intent to Deny License Application, dated June 14, 2000, with Affidavit of Service (3 pp.); E�. No. 4 Notice of Hearing, dated July 13, 2000, with Affidavit of Service (4 pp.). � Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code § 310.05 St. Paul Legislative Code § 310.06 St. Paul Legislative Code Chapter 376. Taacicabs Minn. Stat. Chapter 364 Respectfully submitted this 1 �th day of August, 2000. Virginia . Palmer Assistant City Attorney Office of The City Attomey 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 �b-�.� 1 OFFICE OF THE CITY ATTORNEY �)� l Clayton M. Robinsors, Jr., CityAaorney � 1i ( CITY OF SAINT PAUL Narm Colerrsan, Mayor - CivilDivisian 400 Ciiy Hall 15 West%I[ogg Blvd Sairst Pau[, Minnesata 55702 Zelephone: 657 266-8710 Faa'imile: 657 29&5679 7uly 13, 2000 NOTICE OF HEARING Mr. Willie B. Jones, Jr. 328 Birmingham Street Saint Paul, Minnesota 55106 RE: Applicarion for Tasicab Driver's License Our File Number: G00-0185 m- ? : C � cn — 0 � c � 0 a �: � r,: � r; ; G Dear Mr. Jones: Please take notice that a hearing will be heid at the following time, date and place concerning your application for a taxicab driver's license: Date: Thursday, August 17, 2000 Time: 9:30 a.m. Place: Room 42 St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Richard C. Luis Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-349-2542 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310-OS and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- intoxicating liquor, authority is also conveyed by Minnesota Statutes secfion 340A.415. Adverse� action may include denial, revocation, suspension, fines and other penalties or conditions. Evidence wili be presented to the judge which may lead to ativerse action against your application for a ta�cicab driver's license as follows: On June 10,1997 you pled guilty to a felony charge of 5` Degree Possession of Cocaine. You have the right to be represented by an attomey before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing wiil be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. � At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attomey may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each ofwhom the City's attorney may cross-examine. The Administrarive Law Judge may in addition hear relevant and materiai testimony from persons not presented as witnesses by either party who have a substanrial interest in the outcome of the proceeding; for example, the owners or occupants of properiy located in close proxnnity to the licensed premises may have substantial interest in the outcome of the proceeding. Conciuding azguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conciusions of Law, and a specific recommendarion for action to be taken by the City Council. You should bring to the hearing ali documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incoxporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations wili be forfeited and the ailegations against you which have been stated earlier in this notice may be taken as true. If non- public data is received into evidence at the hearing, it may become public unless objecrion is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Notice of Hearing - Page 2 Tf you have any quesrions, you can call me at 266-8710. �o�`�� V ery truly yours, v � �� Virginia D. Palmer Assistant City Attomey cc: Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, DirecTor, LIEP Christine Rozek, LTEP Rich Jents, LIEP � Notice of Hearing - Page 3 . `. _ i� RECEIPT FOR APPLICATION Date of Application: Jun O6, 2000 Received From: 20000002688 WILLIE B JONES JR WILLIE B JONES JR 328 BIRMINGHAM ST ST PAUL MN 55106 In appiication for: Ta�ciqb Driver (Provisional) ( t) Eff Date: Jun 06, 2000 - Eup Date: Jun O6, 2001 Lic Fee: Total Due on this applicatian $66.00 Other Fees Owed $0.00 Account Total Amount Due $66.00 Amount Paid $s6.o0 Date Received Jun 06, 2000 Outstanding Account Balance Due 50.00 ConWcts: Conditions: Project PaciliWtor: ASUNCION, CORINNE Inspector(s): Requirements: Record Check CITY OF SAINT PAUL � ��I OFFlCE OF LICENSE, INSPECTIONS ANO ENVIRONMENTAL PROTECTION 350 SG Pe}er SL Suite 300 Saiirt Pau( btinnesoFa 55102 (651) 266-9090 fic (65]) 266-9724 $66.00 Amount Paid: $66.00 This is not a License to oK� In Re the Taxicab river s icense ■ _ Application of Willie B. Jones _ Page t of 1 City s Exh. No. 1 � - • �r`�� -- � �° _.� :: �:\I ' LICENSE APPLICATION THIS APPLICATION IS SilBJEGT TO REVIEW BY Tf� PUBLIC PLEASE TYPE OR PRINT IN INK LICENSES ARE NOT TRANSFERABLE PAYMENT MiJST BE RECEIVED WITH EACH APPLICATION APPLICANT MUST BE PRESENT TO APPLY b-�.�� CITY OF SAINT PAUL Office ofLicense, Inspections and Environmenial Protecuon 350 Sc Paa Sc Swrc 3W s� eaw, �� ss�oz (651) 2669090 faz (651) 266-91]A Applicant InformaROn: �'; ��lYt�': v . .s— •-i _ z« - .',; Name and Title: ��i�t�C � �� ` "''`'`�'� Fis[ Middle (Maiden) Iast Ti[le 4*xr*�..,.�. J; c.. z .s3 . �i��'�`��d�L �'YA/!i �....; + � .' � 5 � :3, ��.�.�+..'^^� - 5��..� ^ ' Home Address� �' �� '�` Y � Street (tf, Name, Type, Direction) Ciry State Zip+4 Mail To Address (if different than home address): �-rn�. a S c.��/e- Street (#, Name, Type, Direction) Ciry State Zip+4 Home Phone: �`"��%��?'=�� Date of Birth �`+��1:�'�;'!:'� ` Place of Birth ��'`s��..�p��" �� `� �� -. �� Driver's License # �^'�`��w� ��r'-��"��'�"�� Exp. Date �� b�� , =�"`�"' � Are you a ciazen of the United States? �=�Y� ;�>�+'� `` -":�_� �"==�`'' If you are not a US resident, you must provide proof of work authorization from the US Immigration and 1Vaturalization Service. Name and Address of cab company you will be driving For Do you own or lease the cab you drive? �C45-<-- What is the lease rate you pay to operate the cab? APiY FALSIFICATION OF ANSR'ERS GIVEN OR MATERIAI. SUBMITTED WII.L RESULT IN DEriIAL OF THIS APPLICATION I hereby state that I have answered all of the preceding questions, and that the information contained herein is true and cosect to the best of my knowledge and belie£ I hereby state further that I have received no money or other considerarion, by way of loan, gi8, contribution, or otherwise, other than akeady disclosed in the application which I herewith submitted. I also hereby state that I have read and understand the rules and regulations set forth in Chapter 376.16 (Taxicab Driver's License of the Saint Paul Legisiative Code). SignaNre (REQUIl2ED for Alt ; _ �'� `' . ..... is $8. 02/OUI999 .. - _� Y = ;,, f r-' r _� ��' :: � � �.: O J� Y �� t o�� -�r t�, � , ,�. �. .� yY5 � .. � � �'9 �� 'F' ��r.- ,_�� r �� @ �� r?� ", k' S u f�? � � �=:_. - _ � �?-�r� l - �s , F N L ~ ,��a "€ cssr - ' (� ' - �" � t _ .�� - '3- ,_ - r.� � l T"\ T}.�. _ - � $ � � - F �� ...�,_� __ - -. p.,�;LL j,.� -" ' � w �_ ,�t � V°�� fi�. � .# . - , t4' £ �1 �� ' � � . . . � °�`�� - � _ �` �.� - :�„ �� ,. .� av/�^Q � :t",a-.�"` LJ "_ y � �„, xw� .^s. � � . .. � _ fl— � . - "i.� . Yr._e . �; � . y _. ._,�. �� , � : �'- .,;,' > � r i _ �[. R 'v ` J �(� � �4 4� � R� l + m ....a �'ri k` . .r . . . .. ..��. .. "- � j,:. - ,,. ^ `'p� ; v?�..... . �- M �- � '�'u � � �` y � ^ � � '� - L�+'h.;,v"!`-� 4 '. . � tf -.�r4 '- M: v : �'iA� . W".�:C�;.. '��`•- Ms K�.� � C" - �: � � r� �- � ''eC � :� _ y '�'� . � f"' W : . c �.� ....,_.. � "_ " � �:`� a_� p ,_. �:,::;?as �_.':; _ :�-..��.��.;� _ oU'�`�� m 9 , a= � W °� a p=� � . w3� � WQ� 4 . j0a � . 3�a 3 ` — ---- � . C ; --- — SD1008.0/000811:124937 Criminal Case Summary �b��' 62-K8-97-001563 Felony Date filed: 05/14/1 Name: JONES, WILLIE BERL, [040797] Alias: DOB: 02/09/1968 Race: Black Sex: Male Soc Sec # 426279488 Dfnt Attrny: THOMAS LAWRENCE DONOHUE Type: Public Def Dfnt Status: Own Recog Status Date: 09/14/1998 Bail Amount: Case Status CLOSED Offense Date: 04/07/1997 Warrant Date: Location: 1 Continuances: 0 Trial Type: Jurisdiction: District CCT PZea Charge Chap/Sect/Subd GOC UOC Verdict 001 GUILTY POSS COCAINE 5TH DGR 152.025 21 N DH5A0 Convicte Date Last 10/30/1998 Pending 01/21/2003 Activity Time Judge Transcript 2:09 Archive CRT Disposition Date Next FC_ 04 06 08 10 � � n e e axica r►ver s►cense _ Application of Willie B. Jones _ City s Exh. No. 2 SD1009.0/000811:124954 Criminal Sentencing Inquiry Last 62-K8-97-001563 Felonv Date filed: 05 14/1 Defendant: JONES, WILLIE BERL, [040797] � `� SENTENCING: Date-07/21/1997 Judge-03515G Stay Imposition: �� COUNTS; 001 � SENTENCE Year Mos Davs Pronounced 17 _ Probation 5 Conditional Lenc�th of Stav 5 Fined S 3075.00 Surcharge S 0.00 Costs S 0.00 Public De£. S 0.00 Restitution S 0.00 Recipient: DL Suspend: Sehool COMMENTS: 9-14-98 WVD,CHE Next 45 Confinement NCIC: MN062023C Probation NCIC: MN062013G Type: S Residential Treatment: Staved S 3000.00 Concurrent Consecutive This Other Cmpint Cmolnt Other Court Provisions: Reinstated: : Date- PV ADMIT,J.COHEN-CONT PROB M DEP UPDATE,AA WEEKLY,TX FC_ OZ 02 03 Alchl Assess: $ Waived SAME T/C,$300/SAVE,FEES PER PO,OBTAIN AA SPONSOR 06 07 O8 09 12 SD2005.0/000614:100422 Activity Display Fi 62-K8-97-001563 Felony Date filed: 05j14/1 The State of Minnesota �,� ri ! Date _ 05/14/97 05/14/97 _ 05/14/97 06/O1/07 _ 05/20/97 05/20/97 _ 05/20/97 06/03/97 _ 06/03/97 06/24/97 � 06/03/97 _ 06/03/97 _ 06/03/97 _ 06/05/97 _ 06/05/97 06/10/97 _ 06/06/97 _ 06/06/97 _ 06/1Q/97 07/21/97 Q7/21/97 _ 06/10/97 _ 06/24/97 _ 07/21/97 _ 07/21/9� _ 07/21/97 Time Status Crt In- Tr- Continu Activity Start/End Judge Notice Room trp ied SrvcDa Case Filed 11:39/11:39 OCC/ CPLT FILED AS WARRANT BS @$2,000 KMS Warrant 11:39/ G Shumaker OCC/ SP CPLT FILED AS WARRANT BS @$2,000 Warrant 11:39/ G Shumaker OCC/ SP WARRANT SENT TO SHERIFFS OFFICE KMS Warr Rvw / CAN/ CPLT FILED AS WARRANT BS @$2,000 War Retd 08:19/ OCC/ DFD ARR WAR #973876; FA 5/20/97 1:30PM ADC RC 1st Distrt 01:30/ L Cohen OCC/ SP CUS DFD Al2R WAR #973876 1ST APP ADC lst Distrt 01:30/ L Cohen OCC/ SP PD APPTD NP FO 6/3/97 1PM ADC BSA $500 AMP Omnibus 01:00/ G Shumaker OCC/ SP CUS NP FO ADC Omnibus 01:00/ G Shumaker OCC/ SP PCF PNG CONTESTED OH 6/24/97 1:30 COFTEN BAIL MOTION DENIE AMP Cntsted OH 01:30/ L Cohen CAN/ SP CUS PNG CONTESTED OH COHEN Doc. Filed 04:51/ OCC/ RULE 7& 9 DISCLOSURE FILED BY STATE AMP Order 04:52/ OCC/ ORDER SfiTTING DISPOSITIONAL CONFERENCE AMP Doc. Filed 04:54/ OCC/ OMNIBUS NOTICE, REQUEST FOR DISCLOSURE AND MOTION AMP Doc. Filed 09:03/ OCC/ DISCLOSURE OF WITNESSES PP Clerical 12:00/ OCC/ OH-2 STRICKEN - ADV FOR PLEA HRG 6-10-97 8:30 COHEN 1240 PER CHRISTINE-LC J. COHEN EAN Hearing 08:30/ L Cohen CAN/ 1240 CUS PLEA HRG - ADV FROM 6-24-97 OA-2 COHEN Doc. Filed 01:52/ OCC/ NOTICE OF CONTESTED OMNIBUS HEARING PP Correspond 01:53/ OCC/ LETTER FROM THOMAS L DONOHUE TO VALISA MCKINNEY PP Plea Hrng 08:30/ L Cohen OCC/ SP PG AS CHGD,POSS COCAINE-5TH, FC PSI/SNT 7-21-97 AT 1;30PM J.COHEN,ROOM 1240. DEF RELEASED CR/PR PKW Pre-sntInv 09:57/ OCC/ Sentencing 01:30/ L Cohen OCC/ 1240 CR/PR-PG AS CHGD-PSI/SNT,J.COHEN,ROOM 1240 Doc. Filed 09:50/ OCC/ FELONY GUILTY PLEA PETITION FILED PKW Order �3:59/ OCC/ ORDER OF CONDITIONAL RELEASES JJW Pre-sntInv 09:57/ OCC/ AuditorPas 10:24/ OCC/ WILLIE BERL JONES WAS FOUND GUILTY OF A FELONY 7/21/97 "POSS COCAINE 5TH DEGREE" D.O.B 2/9/68; PM Sentencing 01:30/ L Cohen OCC/ 124Q COFC 17MOS &$3000 STY EX TO PROB 5YRS CND;1)SRV 45DYS-CR 2jLTSL TC PB;3)CE/CMPL;4jABSTN;5)UA�S/BRTH6)ED/VOC COUN;7) CC;$3000 MAY BE REDUCED BY $300 W/CLEAN UA�S;P/A;TSI 8/4; O1/21/03 Archive / CAN/ _ 07/21/97 Clerical 02:50/ OCC/ ,c�,��l FINE MGR DEFT TO PAY BY 8/4 MD � � D8/04/97 Sp Acct Rv / CAN/ P/A MD _ 07/21/97 Closed 05:00/ OCC/ Next FC_ O1 02 03 04 06 10 li 12 SD2005.0/000614:100450 Activity Display Co The State of Minnesota Date _ 08/05/97 _ 10/24/97 _ 11/24/97 _ 08/20/98 09/01/O8 _ 09/09/98 09/14/98 _ 09/14/98 Time Status Crt In- Tr- Continu Activity Start/End Judga Notice Room trp ied SrvcDa Pd in Full 01:18/ OCC/ 75 CASH JRM Transcript 12:05/ OCC/ TRANSCRIPT OF PLEA FILED Transcript 01:55/ OCC/ TRANSCRIPT OF SENTENCING FILED LHH Warrant 02:58/ L Cohen OCC/ PV FILED BY JEFF MARTIN; FT COMPLETE EX CARE CHEM PRG AT TWIN TOWN; FT ABSTAIN FROM DRUGS Warr Rvw / L Cohen CAN/ SP/PV; FT COMP TWIN TOWN PRG; ABSTAIN ARC 1-21-03 War Retd 11:30/ OCC/ DEFT ARRESTED ON PV WARR - PER PO: JEFF MARTIN SET FOR PV HRG 9-14-98 1:30PM COHEN Revoc Hrg 01:31/ L Cohen OCC/ CH CUS PV HRG PO; JEFF MARTIN ARC 1-21-03 Revoc Hrg 01:31/ L Cohen OCC/ CH PV ADMIT-CONT PROB SAME TERMS/CONDS,CR 7DYS,CHEM EVAL UPDATE,AA WEEKLY,TREATMENT PER PO,OBTAIN AA SPONSOR 01/21/03 Archive / PEN/ _ 09/14/98 Closed 05:30/ OCC/ _ 10/30/98 Transcript 02:09/ OCC/ TRANSCRIPT OF PROB VIOL HRG OF 9/14/98 FILED I�I � �Y�;? PKW LHH I i CITY OF SAINT PAUL Norm Cvleman, Ma��or June 14, 2000 OFFICE � CITY ATTORNEY Claytors M. rtron, Jr., Ciry,fnorney Q f5 �� v civitDivision 400 Ciry Half IS P.'ertKe([oggBlvd. Sain[ Paul, Ivlinnuoia 551-02 Telephone: 65! 266-8710 Facsimile: 651 298-5619 NOTICE OF INTENT TO DENY LICENSE APPLICATION Mr. Wiilie B. Jones, 7r. 328 Bnmingham Street Saint Paul, Minnesota 55106 __ RE: Application for Taxicab Driver's License Dear Mr. Jones: The Office of License, Inspections and Environmental Protection has recommended denial of your application for a taxicab driver's license. The recommendation is based on the fotlowing: On June 10,1997 you pled guilty to a felony charge of 5"' Degree Possession of Cocaine. Saint Paut Legislative Code. § 376.26(e)(4) states that to be eligibte to operate a taxicab an applicant must have no felony convictions in the last five years and no non-traffic gross misdemeanor or misdemeanor convictions in the last three yeazs involving the use or threat of use of force, possession or sale of a controlled substance, prostitution or indecent conduct. If you do not dispute the above facts, you may withdraw your applicarion at this rime. Altematively, if you do not dispute the above facts, but wish to have a hearing in front of the Saint Paul City Council to dispute the recommended denial of your license application, you will need to send me a letter admitting the violation and requesting a public hearing. The matter will then be scheduIed for a public hearing before the City Council to determine the disposition of your ]icense application. You will have an opportunity to appear and speak on your own behalf, or to have someone appear there for you. � � n e t e axica nver s�cense _ Application of Willie B. dones _ City's Exh. No. 3 Page 2 Mr. Willie B. 7ones, 7r. June 14, 2000 � � ��'� On the other hand, if you wish to dispute the above facts, I wili schedule an evidentiary hearing before an Administrative Law Judge (A.LJ). If you wish to have such a hearing, please send me a Ietter stating that you are contesting the facfs. You wili then be sent a"Notice of Hearing," so you will know when and where to appear, and what the basis for the hearing will be. If you have not contacted me by Monday, June 26, 2000, I will assume that you are not contesting the facts and will schedale this matter for the St. Paul City Council and have it placed on the Consent Agenda during which no public discussion is allowed and the recommended denial of your license application will be imposed. If you have any questions, feel free to contact me at 266-8710. Sincerely, _ _ � ��.-,.`-ti � Virginia D. PaImer Assistant City Attomey cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Rich Jents, LIEP � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY � AFFIDAVIT OF SERVICE BY MAIL Dc-�51 JOANNE G. CLEMENTS, being £irst duly sworn, deposes and says that on June 14, 2000, she served the attached NOTICE OF INTENT TO DENY LICENSE APPLICATION upon the following named person placing a true and correct copy thereof in an envelope addressed as follows: Mr. Willie B. Jones, Jr. 328 Birmingham Street St. Paul, MN. 55106 (which is the Iast known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. �� r, � � Subscribed and sworn to before me this 14th da�-'o� Jty�� 2�Y6�Q. / � 1 / J- / / �9 NOTAHRPU641CAMI Notary Public �ry.��g�� €.XPIkE� JkN.31. 20DS i � CITY OF SAINT PAUL Nom� Coleman, Mayor 7uly 13,2000 Mr. Willie B. Jones, Jr. 328 Birmingham Street Saint Paul, Minnesota 55106 OFFIC THE CITY ATTORNEY Clay[on M�inson, h., CilyArro�ney �� _ � Civil Division 400CrryHall Telephone;651266-8710 15 Wesi%Ilogg B[vd Faesimile: 657 298-5619 Sain1P¢ul, Minnesota 55702 NOTICE OF HEARTNG RE: Application for Tasicab Driver's License Our Fiie Nuxnber: G00-0185 Dear Mr. Jones: Please take notice that a hearing wili be held at the following time, date and place concerning your application for a ta�cicab driver's license: Date: Thursday, August 17, 2000 Time: 9:30 a.m. Place: Room 42 St. Paul City Hall 15 W. KeAogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrafive Law 7udge from the State of Minnesota Office of Administrative Hearings: Name: Telephone: Richard C. Luis Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 612-349-2542 The CounciI of the Ciry of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating aud non- � n e e axica rrver s icense _ _ Application of Willie B. Jones _ City s Exh. No. 4 DG� ��.�� intoxicating liquor, authorit�s also conveyed by Minnesota Statute�ction 340A.415. Adverse action may include deniai, revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to a8verse action against your application for a taYicab driver's license as follows: On June 10,1997 you pled guilty to a felony charge of 5`" Degree Possession of Cocaine. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul LegisIative Code as may be applicable. � At the hearing, the Administrative Law Judge will have alI parties identify themselves for the record. The City wiil then present its witnesses and evidence, each of whom the licensee or attomey may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each ofwhom the City's attorney may cross-examine. The Administrative Law 7udge may in addition hear relevant and material tesrimony from persons not presented as wimesses by either parfy who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of proparty located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the 7udge will prepaze Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you wiil or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in confomuty with Minnesota Rules, part 1400.7000. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Admnustrafive Law Judge for incorporation into lus or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you wlvch have been stated earlier in this notice may be taken as true. If non- public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Notice of Hearing - Page 2 • If you have any questions, you can call me at 266-8710. Very truly yours, v � �� Virginia D. Palmer Assistant City Attorney • oo�g�l cc: Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Rich Jents, LIEP � Notice of Hearing - Page 3 • STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) L ��,��1 AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on July 14, 2000, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Willie B. Jones, Jr. 328 Birmingham Street St. Paul, MN. 55106 (which is the last known address of said person) and depositing the same, with postage prepaid, in the Minnesota. Subscribed and sworn to before me this 14th d��of �xr}.jy, 2000. Notary PE7ER P. PANGBORP. NOTARYPUBUC-MINNF'* '�. MY CAMM�S3i:..� -- EXPIRESJAN." ..i.� Council File # O O�� S� QR�G(r_.�;L Presented By RESOLUTION CITY OF SAINT PAUL, D'IINNESOTA Green Sheet # Id � O 69 � Referred To Committee: Date 1 RESOLVED, that the application for a tasicab driver's license by Willie B. Jones, Jr. is 2 hereby denied, based upon his failure to meet the requirements of Saint Paul Legislative Code 3 §376.16(e)(5). 4 5 FURTHER RESOLVED, that the findings of fact, conclusions of law and memorandum 6 contained in the ALJ Report in this case, dated September 6, 2000, are expressly ratified and 7 adopted as the written findings and conclusions of the Council in the matter, and the 8 recommendation of the ALJ is hereby adopted. 9 10 This Resolution is based on the record of the proceedings before the Administrative Law 11 Judge, including the hearing on August 17, 2000, the documents and e�ibits introduced therein, 12 and the deliberations of the Council in open session on September 25, 2000. 13 14 A copy of this Resolution, as adopted, shall be sent by first class mail to the 15 Administrarive Law Judge and to the Licensee Requested by Department of: Adoption Certified by Council Secretary By: Appr By: By: ��tL /��{� Fozm Approved b City Atto� -.n By: - � Approved by Mayor for Submisaion to Council By: Adopted by Covacil: Date �`'�. L1 �� 00 -°�s� , _, o��b� GREEN SHEET No 106069 Virginia Palmer 266-8710 f BE ON COUNqLAGFNDA BY (OATt7 October 11, 2000 - Consent ��: � TOTAL #F OF SIGNATURE PAGES ov.yti�ro�t�an rnr�au�s ❑ a�r�nouar ❑ arcruuc _ ❑ nuurw��nnecaoR ❑ rr.�cu�aRa�ee,o ❑MYORI�A{OiTANn ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Finalizing City Council action denying the application for a tasicab driver's license by Willie B. 7ones, Jr. (Public hearing held September 2�, 2000) PLANNING COMMISSION CIB COMMIITEE CIVIL SERVICE COMMISSION rles mic aeisoNrxm eve.workea unaer a�r�t r« u,ic aepartmenn VES NO Hes Mi P�eai�firm ever heen e cily empbyee9 YES NO Does thie Perwruhrm P�eecs a Gdll not rw�mellYP�ssed bY �Y current citY �obYce7 VES NO Is Mis pe�sONfirm e fnrgefetl verMoR YES MO 811d 2tt8d1 SO 9f8LY18�1¢E� IFAPPROVED AMOUNT OF TRANSACTION f SOURCE COSTlREVRlUE BUDfiETED (CIRCLE ON� ACTIVRYNUMBER VEE NO INFORMAiION (IXPWN) OFFICE OF THE CITY ATTORNEY D 0 _R S i Claytox M. Robinson, Jr., Ciry Attarney �� CITY OF SAINT PAUL iVorm Colemars, Mayor September 8, 2000 Mr. Willie B. Jones, Jr. 328 Birmingham Street Saint Paul, Minnesota 55106 Civil Division 400 Ciry Ha(1 Telephone: 651 266-8710 IS Wut Kellogg BIvA. Facsimile: 65! 298-56l9 SaintPaul, Minnesota 55102 NOTICE OF COUNCIL HEARING r,OURC� �'+.83&3�C1; �8�#°1' ��Q �, �. ��Q� RE: Application for Taacicab Driver's License Dear Mr. Jones: Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned license application has been scheduled for 5:30 p.m., Wednesday, September 27, 2000, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written argument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, ./ ��,�-� ., v �� Vuginia D. Palmer Assistant City Attomey cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Richard Jents, LIEP z�o—gs\ 7-2111-13017-2 STATE OF �AIN�ESOTA OFFiCE OF ADMINISTRATIVE HEARINGS FOR THE SAINT PAUL CITY COUNCIL In fhe Matter of the Taxicab Driver's License Application of Willie B. Jones, Jr. FINDWGS OF FACT CONCLUSiONS AND P,cC�MN1FNDATION The ai�ove-entitled matter came on for hearing before Administrafive Law Judge (ALJ) Richard C. Luis on August 17, 2000 in Room 42 of the Saint Paul City Hall, 15 W. Keilogg Blvd., St. Paul, MN. The record ciosed at the conclusion of the hearing on August 17. Virginia D. Palmer, Assisian* City Attorney, Offiice of fhe City Aiforney, 400 City Hall, 15 W. Keilogg Blvd., St. Paul, MN 55102, appeared on behalf of the Office of Licenses, Inspections and Environmental Protection of the City of Saint Paul (City, LIEP). There was no ap�earance by or on behaifi of Wiliie B. Jones, Jr. (Applicant). E�OTICE This Report contains a recommendation, not a final decision. The Saint Paul City Council wi11 rn�ke the final dECision in fihis matfer after a review of the record. The Council may adopt, reject, or modify the Findings of Fact, Conclusions and Recommendafion made herein. Pursuant to § 310.05 of 4he St. Paul Legislative Code, the Council's final decision shall not be made until this Report has been made available to the parties and the Applican4 has been provided an opportunity to present oral or wriften argument alleging error on the pa;i of the Administra4ive La�v Judge in the application of the law or fhe interprefiation of the facts, and an opportunity to pressnt argument relating to any recommended adverse action. The Applicant should contact the Offices of the Saint Paul City Council, 310 City Hall, Sf. Paul, MN, 55112, to ascertain the procedure for presenting argument to the Council. ST6�T�F�i��aT C7�• 4��t9� Whether the recommendation of the St. Paul Ofnce of Licenses, Inspections and Er.vironment�l Protecfion to deny a Taxicab Driver's License to Willie B. Jones, Jr. because of his felony conviction for possession of cocaine within the lasf five years should be affirmed. Based upon all of the proceedings herein, the Administrative Law Judge makes ihe iollowing: � _ o� -�st � Res�arch C ' F C�% n �i��.��VS c� ��.c= SE° 11 2Da0 1. A P�otice of Hearing �vas issued in this matfer on July 13, 2000. The Notice sef a hearing for 9:30 a.m. ? hursday, August 17, 2000 at Room 42 of the Saint Paul Cinr �lall, 15 W. Kellogg Bivd., St. Pau(, Minnesota. The Notice Uras-mailed �o tfie Apn;icar:t's IGsi known address — 328 BErmingham Street, St. Pau�, NN, 55106. --- 2. Willie B. Jones, Jr. did not appear afi the he�,ring. He did not contact fhe Administrative Law Judge, the Office of the City Attorney or the Or;�ce of Licenses, Inspections and Environmenfial Protecfion to request a continuance. 3. The 1�oiice of Hearing issued to fhe Applicant on June 13, 20�0 stafied, in relevant part, on page 2: "if you fail to appear at fhe Hearing your abiiity to chalienge t�e allegations will be forfeited and the aliegations against you which have been stated earlier in this Notice may be taken as firue." The Notice contained the following allegation, on page 2: "On June 10, 1997 you pled guilty to a felony charge of 5 Degree Possession of Cocaine." 4. A Ramsey County District Court printout for Case 62-K8-97-001563, admitted at the hearing as Exhibit 2, indicates that Willie B. Jones, Jr. pled guilty on June 10, 1997 fo a violation of Minn. Stat. § 152.025 (Fifth Degree Possession of a Controlled Substance). Violation of thaf statute is punishable by imprisonment up to 5 years, and is a fefony. On July 21, 1997, the Appficant was sentenced fio 17 monihs' confinemsnt and 5 years' probation as a resuli of the conviction. 5. Mr. Jones applied for licensure as a taxicab driver with the Cifiy's Office of License, inspecfions and Environmental Protection on June 6, 2000. In connection with fhat application process, the LIEP obtained aufhorizafion to check Mr. Jones's records from the Minnese�a Bureau of Criminal Apprehension. That record check resulted in the informa4ion noted above regarding Nir. Jones's felony conviction for possession of cocaine. 8. r�.s a result of hi� fail�re to Gppear z:± tne hearinc� on Aug�,�s� ; 7, fvir. Jones is in defauif. �,s a res�lf cf that d��ault, he has fo�e{ted �is abilify ro chalienge the allegations against him specified in the Notice of Hearing, which resulfed in fhe Recommendation to deny his license application, and the allegations specified against him in the Notice of Hearing may be talcen as true. Based upon the foregoing Findings of Fact, the Adrr;iristrative Law Judge makes the following: On-`�S1 CONCLUSIONS 1. The Adminisirative Law Judge and the Saint Paul City Council h�•,. e jurisdiction in this matter pursuani to Minn. Siat. §�4.55 and § 310.05 of fhe Saini °au; Legislative Code. 2. The Hearing was conducted in accordance with the requirements of Minn. Stat. §§ 14.57 fo 14.62 and applicable porEions of the proce�+ures set fo�th in § 310.Ob of the Saint Paul Legislative Code. 3. The City has given proper notice of fihe hearing in this matter and has fulffled all refevant, substantive and procedural requirements of law and rule. 4. By failing to appear at the scheduled hearing, the Applicant is in default. As a result, the allegations noted in the Notice of Hearing are taken as true. Under § 376.16(e)(4) ef the Saint Pa�,. Legisiative Code, the Applicant's conviction of Fifith Degree Felony Possession of Cocaine on June 10, 1997 disqualifies him from the operation of a taxicab in the Ci'ry of Saint Faul, and from receiving a license fior such operation for a period of five years after the conviction. As a result, it is appropriate to deny Mr. Jones's current application for a taxicab driver's license. 5. Minn. Stat. Chapter 364 allows licensing authorities to consider the rehabilitation and present fitness of criminal offenders in deciding on whether an occupational license should be granted. There is no evidenca of rehabilitation or of mental/emotional fi4ness on the part of the Applicant. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOiViI'.�E6a9�A i iO3�3 IT IS REC�ME�EP�DED that the Saint Paul City Council DENY the application of Willie B. Jones, Jr. for a Taxicab Driver's License. Daied this G�day of September, 2000. • � � �-' � ��"�,,� RICHAR C. LUIS Administrative Law Judge Report2d: Default NOTICE �Q —95� It is requested that the City of Saint Paul serve its final decision in this ma?�er upon the Administrative Law Judge by firsf class mail. OFFICE OF THE CITY ATTORNEY Claylon M. Robinsors, Jr., Ciry Aflorney bG7-- CITY OF SA1NT PAUL Norm Coleman, Mayor September 8, 2000 Mr. Willie B. 7ones, Jr. 328 Birmingham Street Saint Paul, Minnesota 55106 CivilDivision 400 Ciry Hall Telephone: 65! 266-8710 ISWestKellaggBlvd. Fauimile:651298-56/9 Sairst Paul, Minnesota iiJ02 3 NOTICE OF COUNCIL HEARING O/VY�iLN �i�v�'�'.�.L+ �Gll�vl ' '_ ._ I l } RE: Application for Taxicab Driver's License Dear Mr. Jones: Please take notice that a hearing on the report of the Administrative Law Judge conceming the above-mentioned license application has been scheduled for 5:30 p.m., Wednesday, September 27, 2000, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written azgument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, _/ ��-� v (�'�� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Richazd 7ents, LIEP STAT'E OF MINNESOTA OFFICE OF ADNIINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 �'eCL'rii�l r^cS8'�C^: L°?'xAr September 6, 2000 �r � r > � p t.6 y.i � SeV Fred Owusu City Clerk 170 City Hall 15 West Keliogg Boulevard St. Paul, MN 55102 !?C'r.^ ; � �1�� EP 0 ? 1DOQ CITY � RE: In the Matter of the Taxicab Driver's License Application of Willie B. Jones, Jr.; OAH Docket No. 7-2111-13017-3 Dear Mr. Owusu: a�� Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conciusions and Recommendation in the above- entitled matter. Also enclosed is the official record. Our file in this matter is now being closed. Very truly yours, RICH RD C. LUIS Administrative Law Judge Telep hone: 612/349-2542 RCL:aws Enclosures cc: Virginia D. Palmer Wiilie B. Jones, Jr. Providing Impartiai Hearings for Govemment and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 �TTY No. (612) 341-7346� Fax No. (612) 349-2665 � �`�S 1 STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) AFFIDAVIT OF SERVICE BY U.S. MAIL Debra S. Aws, being first duly sworn, hereby deposes and says that on the 6th day of September, 2000, at the City of Minneapolis, county and state aforementioned, she served the attached Findings of Fact, Conclusions of Law and Recommendation; Docket No. 7-2111-13017-3 by depositing in the United States mai( at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid and addressed to the individuals named herein. Fred Owusu City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, MN 55102 Virginia D. Palmer Assistant City Attorney Office of the City Attorney 400 City Hall 15 W. Kellogg Blvd. St. Paul, MN 55102 Mr. Willie B. Jones, Jr. 328 Birmingham Street Saint Paui, Minnesota 55106 Subscribed and sworn to before me this �`�h day of September 2000. � � 1 �, c��'o-�-, , E� Notary Public ' °`�` � LaVpNREGAN nmun we� - �ma�otn ��. • � JANUARY 3N 2005� ��.1�(� Debra S. Aws � 7-2111-13017-2 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE SAINT PAUL CITY COUNCIL In the Matter of the Taxicab Driver's License Application of Willie B. Jones, Jr. FINDINGS OF FACT. CONCLUSIONS AND RECOMMENDATION The above-entitled matter came on for hearing before Administrative Law Judge (ALJ) Richard C. Luis on August 17, 2000 in Room 42 of the Saint Paul City Hall, 15 W. Kellogg Blvd., St. Paul, MN. The record closed at the conciusion of the hearing on August 17. Virginia D. Paimer, Assistant City Attorney, Office of the City Attorney, 400 City Hall, 15 W. Kellogg Bivd., St. Paul, MN 55102, appeared on behalf of the Office of Licenses, Inspections and Environmental Protection of the Cifij of Saint Paul (City, LIEP). There was no appearance by or on behalf of Willie B. Jones, Jr. (Applicant). NOTICE This Report contains a recommendation, not a finaf decision. Tfie Saint Paul City Council will make the final decision in this matter after a review of the record. The Council may adopt, reject, or modify the Findings of Fact, Conclusions and Recommendation made herein. Pursuant to § 310.05 of the St. Paul Legislative Code, the Council's final decision shall not be made until this Report has been made available to the parties and the Applicant has been provided an opportunity to present orai or written argument alleging error on the part of the Administrative Law Judge in the application of the law or the interpretation of the facts, and an opportunity to present argument relating to any recommended adverse action. The Applicant should contact the Offices of the Saint Paul City Council, 310 City Hail, St. Paul, MN, 55112, to ascertain the procedure for presenting argument to the Council. STATEMENT OF ISSUE Whether the recommendation of the St. Paul Office of Licenses, Inspections and Environmentai Protection to deny a Taxicab Driver's License to Willie B. Jones, Jr. because of his felony conviction for possession of cocaine within the last five years should be affirmed. Based upon all of the proceedings herein, the Administrative Law Judge makes the foilowing: � � _ys� FINDINGS OF FACT 1. A Notice of Hearing was issued in this matter on July 13, 2000. The Notice set a hearing for 9:30 a.m. Thursday, August 17, 2000 at Room 42 of the Saint Paul City Hall, 15 W. Kellogg Bivd., St. Paul, Minnesota. The Notice was mailed to the ApplicanYs last known address — 328 Birmingham Street, St. Paul, MN, 55106. 2. Wiifie B. Jones, Jr. did not appear at the hearing. He did not contact the Administrative Law Judge, the Office of the City Attorney or the Office of Licenses, Inspections and Environmental Protection to request a continuance. 3. The Notice of Hearing issued to the Appiicant on June 13, 2000 stated, in relevant part, on page 2: "If you fail to appear at the Hearing your ability to challenge the allegations will be forFeited and the allegations against you which have been stated earlier in this Notice may be taken as true." The Notice contained the foilowing allegation, on page 2: "On June 10, 1997 you pled guilty to a felony charge of 5tn Degree Possession of Cocaine." 4. A Ramsey County District Court printout for Case 62-K8-97-001563, admitted at the hearing as Exhibit 2, indicates that Willie B. Jones, Jr. pled guilty on June 10, 1997 to a violation of Minn. Stat. § 152.025 (Fifth Degree Possession of a Controlled Substance). Violation of that statute is punishable by imprisonment up to 5 years, and is a felony. On July 21, 1997, the Appiicant was sentenced to 17 months' confinement and 5 years' probation as a result of the conviction. 5. Mr. Jones applied for licensure as a taxicab driver with the City's Office of License, Inspections and Environmental Protection on June 6, 2000. In connection with that application process, the LIEP obtained authorization to check Mr. Jones's records from the Minnesota Bureau of Criminal Apprehension. That record check resulted in the information noted above regarding Mr. Jones's felony conviction for possession of cocaine. 6. As a resuit of his failure to appear at the hearing on August 17, Mr. Jones is in default. As a result of that default, he has forteited his ability to challenge the allegations against him specified in the Notice of Hearing, which resulted in the Recommendation to deny his license appiication, and the ailegations specified against him in the Notice of Hearing may be taken as true. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: ��_qSl CONCLUSIONS 1. The Administrative Law Judge and the Saint Paul City Council have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and § 310.05 of the Saint Paul Legislative Code. 2. The Hearing was conducted in accordance with the requirements of Minn. Stat. §§ 14.57 to 14.62 and applicable portions of the procedures set forth in § 310.05 of the Saint Paul Legislative Code. 3. The City has given proper notice of the hearing in this matter and has fulfilled all relevant, substantive and procedural requirements of law and rule. 4. By failing to appear at the scheduled hearing, the Applicant is in default. As a result, the allegations noted in the Notice of Hearing are taken as true. Under § 376.16(e)(4) of the Saint Paul Legisiative Code, the ApplicanYs conviction of Fifth Degree Felony Possession of Cocaine on June 10, 1997 disqualifies him from the operation of a taxicab in the City of Saint Paul, and from receiving a license for such operation for a period of five years after the conviction. As a result, it is appropriate to deny Mr. Jones's current application for a taxicab driver's license. 5. Minn. Stat. Chapter 364 allows licensing authorities to consider the rehabilitation and present fitness of criminal offenders in deciding on whether an occupational license should be granted. There is no evidence of rehabilitation or of mental/emotional fitness on the part of the Applicant. Based upon the foregoing Conclusions, the Administrative �aw Judge makes the following: RECOMMENDATIQN IT IS RECOMMENDED that the Saint Paul City Council DENY the application of Willie B. Jones, Jr. for a Taxicab Driver's License. Dated this � day of September, 2000. . / /.� � �/ �� RICHAR C. LUIS Administrative Law Judge Reported: Default f�� `�S � NOTICE It is requested that the City of Saint Paul serve its finai decision in this matter upon the Administrative Law Judge by first class mail. o � _�S1 OFFICE OF ADMIPTISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SA1NT PAUL In Re the TaYicab Driver's License Application of Willie B. Jones CITY'S PROPOSED EXHIBITS August 17, 2000 TO: Judge Richazd C. Luis, Administrative Law 7udge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list ofthe City's proposed exhibits for the Administrative Hearing on August 17, 2000. Exhibit No. Description E�. No. 1 Taxicab Driver's License Application submitted by Willie B. Jones, dated June 6, 2000 (4 pp.); Exh. No. 2 Ramsey County Court printout for case 62-K8-97-001563 (5 pp.); Exh. No. 3 Notice of Intent to Deny License Application, dated June 14, 2000, with Affidavit of Service (3 pp.); Exh. No. 4 Notice of Hearing, dated July 13, 2000, with Affidavit of Service (4 pp.). r}c7—`lS � Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code § 310.05 St. Paul Legislative Code § 310.06 St. Paul Legislative Code Chapter 376. Taxicabs vlinn. Stat. Chapter 364 Respectfully submitted this 17th day of August, 2000. ;�r ��"SC� Virginia . Palmer Assistant City Attomey Office of The City Attomey 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 OFFICE OF TFIE CITY ATTORNEy Cf¢y[on M. Robinson� Jr.� CiryACOrney 8C� CITY OF SAIi�tT PAUL Norm Co[em¢n, Mayor July 13, Z000 Mr. Willie B. Jones, 7z. 328 Birmingham Street Saint Paul, Minnesota 55106 - CiviZDivisiars 400 Ciry Hall IS West%llogg B[vd Saint Paul Minnesofa SSI01 NOTICE OF HEARING RE: Application for Tasicab Driver's License Our File Number: G00-0185 Deaz Mr. Jones: Telephnne: 657 266-8710 FacsfmHe: 651298-5619 �: c. cr� — � r � � T � r- ` r;- �J Please take notice that a hearin� will be held at the following time, date and place concerning your application for a taxicab driver's license: Aate: Thursday, August 17, 2000 Time: 9:30 a.m. Place: Room 42 St. Paul City Hail 15 W. Keliogg Blvd. St. Paui, MN. 55102 The hearing will be presided over by an Administrative Law 7udge from the State of Minnesota Office of Adaunistrative Hearings: Name: Telephone: Richard C. Lnis Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 612-349-2542 The Council of the City of Saint Paul has the authority to provide for hearings conceming licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- fI o —`� \ intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may inciude denial, revocarion, suspension, fines and other penalties or conditions. Evidence wili be presented to the jud�e which may lead to adverse action a�ainst your application for a tasicab driver's license as follows: On June 10,1997 you gled guilty to a felony charge of 5th Degree Possession of Cocaine. You have the right to be represented by an attomey before and during the hearing or you can represent yourself. You may aiso have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements ofMinnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under secrion 310.05 of the Saint Paul Legislative Code as may be applicable. ' At the hearing, the Administrative Law Judge will have all parties idenrify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any wiinesses or evidence it may wish to present, each ofwhom the City's attorney may cross-examine. The Administrative Law 7udge may in addition hear relevant and material testimony from persons not gresented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a speci6c recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of docuxnents in conformity with Minuesota Rules, part 1400.7000. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegarions against you which have been stated eazlier ix� this notice may be taken as true. If non- public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.6Q subdivision 2. Notice of Hearing - Page 2 c�o—e1S\ If you have any questions, you can call me at 266-8710. Very truly yours, (/ '+�-�4-=�J �� "e'� � Virginia D. Palmer Assistant City Attomey cc: Nancy Thomas, Office of Admuustrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Rich Jents, LIEP � Notice of Hearing - Page 3 RECElPT FOR APPL1CA710N o� -�tS � CITY OF SAiNT PAUL OFf1Cc OF LICEMSE, INSPECTIONS AND EM/IRONMINfAL PR07EC770N 350 SL Pefer SG Surte 300 SairRPaN, Minnemta 55f02 (651) 266-9090 far (651) 266-9124 Date of Application: Jun O6, 2000 Received From: 200000o2fi8a WfLL1E B JONES Jft WILLIE B JONES JR 328 BIRMINGi1AM ST ST PAUL MN 55'106 In application for: Taxicab Driver (Provisional) (1 ) Eff Date: Jun 06, 2000 - Exp Date: Jun O6, 200'I Lic Fee: $66.00 Amount Paid: $66.00 Total Due on this application $66.00 Ofher Fees Owed $0.00 Account Total Amount Oue 566.00 Amount Paid $66.00 Date Received Jun O6, 2000 Conhcts: Conditions: Project Facilitator: inspector(s): Requirements: Record Check Outstanding Account Baiance Due SO.00 ASUNCION, CORINNE This is not a License to oF� In Re the Taxicab Driver s icense ■ _ Application of Willie B. Jones _ Page t of 1 City s Exh. No. 1 • < ry�? - � �� 6c�—�s y TAXICAB DRIVER LICENSE APPLICATION THIS APPLICATION IS SUBJECT TO REVFEW BY THE PUBLIC PLEASE TYPE OR PRL'�IT IN INK LICE\TSES ARE NOT TRANSFERABLE PAYI�NT 4IUST SE RECEIVED WITH EACH APPLICATION APPLICA:\'T VNST BE PRESENT' TO APPLY CIT'Y OF SAII�7T PAUL Office of License, Inspecrions and &�vironmenW ProrecUOn 350 Sc PaerSC Sw�c 3Up =-:Me�+woQOa ss,oz (651) 2569090 :zx (6517 266-912C Applicant Infocmation: Name aad T$e. - �f� °�� rrC-� "`� -': � o rrc 5-`r - ;�''�: ` -` �.=_-,J �- ' _ - _ _ . Fiis[ Middle (Maiden) I.ast Ticte HomeAddzess: E�'��:j�i`fm,'.�=�i�'�..' . -.:.:°�::'_°i�av:.�?',:�.�"��°,..:°=..�.";�;��;-,=�.'�� -. - -. Sheet (Y, Name, Type, Direc[ion) City State Zip+4 MailToAddress(i£differentthanhomeaddzess): �r'nca5 a,��e- Street ('�, Name, Type, Direction) Ciry State Zip+4 x .- _ Home Phone: ( ,�'� ° `P'tti,:cF`. . - :;;:�.� DateofBirth :�f�<=�`� /:��.: PlaceofBirth: �'"'�`ss"tzs��"�'.� F"�` T `� � __ Driver's License # �..�°5°�-p=°°8-8�`i��:`zk$�»`:`.`��' --�°=�`. Exp. Date �� '�-. -�� -' Are you a citizen of the United States? �';�{ L`S:'' `' :'_'''�'=�"'=s'' If you are not a US resident, you must provide proof of wo�k authorization from the US Immigration and Naturalization Service. Name and Address of cab company you will be driving for Do you own or lease the cab you drive? � ta5 �- What is the lease rate you pay to operate the cab? ANY FALSIFTCATIOPI OF ANSWERS GIVEN OR MATERIAL SUBNIITTED WILL RESULT IN DEIVIAL OF THIS APPLICATION I hereby state that I have answered all of the preceding quesrions, and that the informarion contained herein is �ue and cocrect to the best of my knowledge and belief. I hereby state fureher that I have received no money or other considerarion, by way of loan, gift, contribution, or otherwise, other than aiready disclosed in the applicaaon which I herewith submitted. I also hereby state that Ihave read andunderstand the rules and regulaROns set forth in Chapter 376.16 (Taxicab Driver's License of the Saint Paul Legislative Code). Signahue (REQUIIZED for All applicants mu§t piesent Valid State of;IvEinnesc ��- ,�F'or dnvezs'with ai �,. ��She Deparhnent of `i p �� "�s . A"� id check"obtaini Theiecoidcheck; �.�<. .. �a,.. ' "" �ents, af 1 .3i z / .: C't �:. _ _ -�.�� s � E ate � � �:. Q ng record for`the last three (3J�ears frc ; `s. �,, :x � �� s :�" Y:,; ,;;, -� � -* '* _ r--. 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[ ,... _ ,..-� F��u� uX�� -.�', � .+ ' +.r - , _ ' � , 4 .`.,�," :a:._ V �.. �:., .Y L`y _ -^:�w: Y,� . . y'_ C-: -e �' =<``�• .; S � �, -��-.� .:� � �� .< > � oa—�s` � m � � N a _� � W o� �' G ' QQ g '. � w2`! rN < mfl Q , n� �¢ � W�� . � !� J Z p O �i � m m� � }it.r1N 3 : - --- -� Criminal Case Summary SD1008.0/000811:124937 bt� —`LS � 62-K8-97-001563 FelonV Date filed• OS/14/1 Name: JONES, WILLIE BERL, [040797] Alias: DOB: 02/09/1968 Race: Black Sex: Male Soc Sec # 425279488 D£nt Attrny: THOMAS LAWRENCE DONOHUE Type: Public Def Dfnt Status: Own Recog Status Date: 09/14/1998 Bail Amount: Case Status CIASED Offense Date: 04/07/1997 Warrant Date: I,ocation: 1 Continuances: 0 Tria1 Type: Jurisdiction: District CCT Plea Charge Chap/Sect/SUbd GOC UOC Verdict 001 GUILTY POSS COCAINE 5TH DGR 152.025 21 N DH5A0 Convicte Date Last 10/30/1998 Pending O1/21/2003 Activity Time Judge Transcript 2:09 Archive CRT Disposition Date Next FC_ 04 06 OS 10 � n e t e axica r�� ice'L' nse —■ _ Application of Willie B. Jones _ City s Exh. No. 2 SD1009.0/000811:124954 Criminal Sentencing Inquiry Last 62-K8-97-001563 Felonv Date filed• 05/14/1 Defendant: JONES, WILLIE BERL, [040797] SENTENCING: Date-07/21/1997 Judge-03515G Stay Imposition: 0 �_� S; COUNTS: 001 SENTENCE Year Mos Davs Pronounced 17 _ Probation 5 Conditional Lenqth of Stav 5 Fined S 3075.00 Surcharge $ 0.00 Costs $ 0.00 Public Def. S 0.00 Restitution S 0.00 Recipient: DL Suspend: School COMMENTS: 9-14-98 PV 45 Con£inement NCIC: MN062023C Probation NCIC: MN062013G Type: S Residential Treatment: Stayed S 3000.00 Concurrent Consecutive Other Court Provisions: This other Cmpint Cmpint Reinstated: Alchl Assess: $ : Date- Waived ADMIT,J.COHEN-CONT PROB SAME T/C,$300/SAVE,FEES WVD,CHEM DEP UPDATE,AA WEEKLY,TX PER PO,OBTAIN AA SPONSOR Next FC_ O1 02 03 06 07 08 09 12 SD2005.0/000614:100422 Activity Display gi 62-K8-97-001563 Felonv Date filed• 05/14/1 The State of Minnesota vs. WILLIE BERL JONES, f0407971 � O-�Sl Time Status Crt In- Tr- Continu Date Activity Start/End Judge Notice Room trp ied SrvcDa _ 05/14/97 Case Filed 1I:39/11:39 OCC/ CPLT FILED AS WARRANT BS @$2,000 KMS 05/14/97 Warrant 11:39/ G Shumaker OCC/ SP CPLT FILED AS WARRANT BS @$2,000 _ 05/14/97 Warrant 11:39/ G Shumaker OCC/ SP WARRANT SENT TO SHERIFFS OFFICE KMS 06/O1/07 Warr Rvw / CAN/ CPLT FILED AS WARRANT BS @$2,OQ0 _ 05/20/97 War Retd o8:19/ OCC/ DFD ARR WAR #973876; FA 5/20/97 1:30PM ADC RC 05/20J97 lst Distrt 01:30/ L Cohen OCC/ SP CUS DFD ARR WAR #973876 1ST APP ADC _ 05/20/97 lst Distrt 01:30/ L Cohen OCC/ SP PD APPTD NP FO 6/3/97 1PM ADC BSA $500 AMP 06/03/97 Omnibus 01:00/ G Shumaker OCC/ SP CUS NP FO ADC _ 06/03/97 Omnibus 01:00/ G Shumaker OCC/ SP PCF PNG CONTESTED OH 6/24/97 1:30 COHEN BAIL MOTION DENIE AMP 06/24/97 Cntsted OH 01:30/ L Cohen CAN/ SP CUS PNG CONTESTED OH COHEN _ 06/03/97 Doc. Filed 04:51/ OCC/ RULE 7& 9 DISCLOSURE FILED BY STATE AMP _ 06/03/97 Order 04:52/ OCC/ ORDER SETTING DISPOSITIONAL CONFERENCE AMP _ 06/03/97 Doc. Filed 04:54/ OCC/ OMNIBUS NOTICE, REQUEST FOR DISCLOSURE AND MOTION AMP _ 06/05/97 Doc. Filed 09:03/ OCC/ DISCLOSURE OF WITNESSES PP _ 06/05/97 Clerical 12:00/ OCC/ OH-2 STRICKEN - ADV FOR PLEA HRG 6-10-97 8:30 COHEN 1240 PER CHRISTINE-LC J. COHEN EAN 06/10/97 Hearing 08:30/ L Cohen CAN/ 1240 CUS PLEA HRG - ADV FRQM 6-24-97 OH-2 CQHEN _ 06/06/97 Doc. Filed 01:52/ OCC/ NOTICE OF CONTESTED OMNIBUS HEARING PP _ 06/06/97 Correspond 01:53/ OCC/ LETTER FROM THOMAS L DONOHUE TO C7ALISA MCKINNEY PP _ 06/10/97 Plea Hrng 08:30/ L Cohen OCC/ SP PG AS CHGD,POSS COCAI23E-5TH� FC PSI/S23T 7-21-97 AT 1:30PM J.COHEN,ROOM 1240. DEF RELEASED CR/PR PKW 07/21/97 Pre-sntlnv 09:57/ OCC/ 07/21/97 Sentencing 01:30/ L Cohen OCC/ 1240 CR/PR-PG AS CHGD-PSI/SNT,J.COHEN,ROOM 1240 _ 06/10/97 Doc. Filed 09:50/ OCC/ FELONY GUILTY PLEA-PETITION FILED PKW _ 06/24/97 Order 03:59/ OCC/ ORDER OF CONDITIONAL RELEASES JJW _ 07/21/97 Pre-sntInv 09:57/ OCC/ _ 07/21/97 AuditorPas 10:24/ OCC/ WILLIE BERL JONES WAS FOUND GUILTY OF A FELONY 7/21/97 "PO5S COCAINE 5TH DEGREE" D.O.B 2/9/68; PM _ 07/21/97 Sentencing 01:30/ L Cohen OCC/ 1240 COFC 17MOS &$3000 STY EX TO PROB 5YRS CND;1)SRV 45DYS-CR 2)USL TC PB;3)CE/CMPL;4)ABSTN;5)UA�S/BRTA6)ED/VOC COUN;7) CC;$3000 MAY BE REDUCED BY $300 W/CLEAN UA�S;P/A;TSI 8/4; O1/21/03 Archive / CAN/ _ 07/21/97 Clerical 02:50/ OCC/ FINE MGR DEFT TO PAY BY 8/4 MD �� _� 1 08/04/97 Sp ACCt Rv / CAN/ P/A MD _ o�/2i/9� ciosea os:oo/ occ/ Next FC_ Ol 02 03 04 06 10 11 12 'S SD2005.0/000614:I00450 Activity Display Co 62-K8-97-001563 Felonv Date filed• 05/14/1 The State of Minnesota vs. WILLIE BERL JONES, f040797] �� Time Status Crt In- Tr- Continu Date Activity Start/End Judge Notice Room trp ied SrvcDa _ 08/05/97 Pd in Fu11 01:18/ OCC/ 75 CASH JRM _ 10/24/97 Transcript 12:05/ OCC/ TRANSCRIPT OF PLEA FILED LH _ 11/24/97 Transcript 01:55/ OCC/ TRANSCRIPT OF SENTENCING FILED LHF3 _ 08/20/98 Warrant 02:58/ L Cohen OCC/ PV FILED BY JEFF MARTIN; FT COMPLETE EX CARE CHEM PRG AT TWIN TOWN; FT ABSTAIN FROM DRUGS KAB 09/01/08 Warr Rvw / L Cohen CAN/ SP/PV; FT COMP TWIN TOWN PRG; ABSTAIN ARC 1-21-03 _ 09J09/98 war xeta ii:3o� occ/ DEFT ARRESTED ON PV WARR - PER PO: JEFF MARTIN SET FOR PV HRG 9-14-98 1:30PM COHEN SAB 09/14/98 Revoc Hrg 01:31/ L Cohen OCC/ CH CUS PV IiRG PO; JEFF MARTIN ARC 1-21-03 _ 09/14/98 Revoc Hrg 01:31/ L Cohen OCC/ CH PV ADMIT-CONT PROB SAME TERMS/CONDS,CR 7DYS,CHEM EVAL UPDATE,AA WEERLY,TREATMENT PER PO,OBTAIN AA SPONSOR p�7 01/21/03 Archive / 09/14/98 Closed 05:30/ 10/30/98 Transcript 02:09/ TRANSCRIPT OF PROB VIOL HRG PEN/ OCC/ OCC/ OF 9/14/98 FILED LHH � OFFICE �' THE CITY ATTORNEY � � ClaytonM... .nson.la,CiryAltorney CITY OF SA1NT PAUL Norm Colem¢n, Mayor June 14, 2000 CivilDivision 400 Ciry Hal[ li Wur Kellogg Btvd. Saint Pnul, Minnesota 55/.02 NOTICE OF INTENT TO DEi�iY LICEN5E APPLICATION Mr. Willie B. Jones, Jr. 328 Birmingham Street Saint Paul, Minnesota 55106 _. RE: Application for Taxicab Driver's License Dear Mr. 7ones: �O--�LS � Telephone: 651166-8710 Facsimile: 65! 298-i6l9 m The Office of License, Inspecrions and Environmental Protection has recommended denial of your appiication for a taxicab driver's license. The recommendation is based on the following: On June 10,1997 you pled guilty to a felony charge of 5` Degree Possession of Cocaine. Saint Paul Legislative Code. § 376.16(e)(4) states that to be eligible to operate a taxicab an applicant must have no felony convictions in the last five yeazs and no non-traffic gross misdemeanor or misdemeanor convictions in the last three yeazs involving the use or threat of use of force, possession or sale of a controlled substance, prostitution or indecent conduct. If you do not dispute the above facts, you may withdraw your application at this time. Alternatively, if you do not dispute the above facts, but wish to have a hearing in front of the Saint Paul City Council to dispute the recommended denial of your license application, you wili need to send me a letter admitting the violation and requesting a public hearing. The matter will then be scheduled for a public hearing before the City Council to determine the disposition of your license application. You will have an opportunity to appear and speak on your own behalf, or to have someone appear there for you. • n e t e axica river s icense � _ Application of Willie B. Jones _ City s Exh. No. 3 " Pa�e 2 Mr. Willie B. Jones, Jr. June 14, 2000 p0-RS� On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearin� before an Admuristrative Law Jud�e (AL�. If you wish to have such a hearing, please send me a letter stating that you aze contesting the facts. You will then be sent a"Notice of Hearin�," so you will laiow when and where to appeaz, and what the basis for the hearin� will be. If you have not contacted me by Monday, June 26, 2000, I will assume that you are not contesting the facts and wili schedule this matter for the St. Paul City Council and have it placed on the Consent Agenda during which no public discussion is allowed and the recommended deniai of your license application will be imposed. If you have any questions, feel free to contact me at 266-8710. Sincerely, _ (/ ��-- � Virginia D. Palmer Assistant City Attomey cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Rich Jents, LIEP �O—`ls� STATE OF MINNESOTA COUNTY OF RAMSEY ss. AFFIDAVIT OF SEI2VICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on June la, 2000, she served the attached NOTICE OF INTENT TO DENY LICENSE APPLICATION upon the following named person placing a true and correct copy thereof in an envelope addressed as follows: Mr. Wi11ie B. Jones, Jr. 328 Birmingham Street St. Paul, MN. 55106 (which is the last known address of said person? and depositing the same, with postage prepaid, in the United States mails at St. Pau1, Minnesota. �1 !, „ �. � Subscribed and sworn to before me this 14th da,sr Su�l. 24@9 _ /� / %�ty �:'� PETER P. PANG80RN Notary PUb11C �TA��jMM1881UN�TA � EXP1ftE� JAN.31. 20fJ'S OFFICE ^F THE CTTY ATTORNEy C[aylon tt. �insott� Jc� CityAttorney CITY OF SAINT PAUL Norm Coleman, Mayor July 13, 2000 Mr. Willie B. Jones, Jr. 328 Bimungham Street Saint Paul, Minnesota 55106 CivII Division 400 City Hal1 IS West Kellogg B[vb Saint Paul, Minnesata 55101 NOTICE OF HEARING RE: Application for Taxicab Driver's License Our File Number: G00-0185 Deaz Mr. Jones: ��— ls� Te[ephone: 657 266-8710 Facsimile: 657198-5619 Please take notice that a hearing will be held at the following time, date and place conceming your application for a taacicab driver's license: Date: Time: Place: Thursday, August 17, 2000 9:30 a.m. Room 42 St. Paui City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Adminislrative Hearings: Name: Telephone: Richard C. Luis Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 612-349-2542 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action againsT such licenses, under Chapter 310, includin� sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- � n e ie anca rrver s icense � _ Application of Willie B. Jones _ City s Exh. No. 4 ,intoxicating liquor, authority ,s also conveyed by Minnesota Statutes �ection 340A.415. Adverse action may include denial, revocation, suspension, fines and other penalties or conditions. O l Evidence wili be presented to the judge which may lead to adverse action against your application for a taYicab driver's license as foliows: On June 10, 1997 you pled guiity to a felony charge of 5 Degree Possession of Cocaine. You have the right to be represented by an attomey before and during the hearing or you can represent yourself. You may aiso have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. ' At the hearing, the Administrative Law Judge will have ail parties identify themselves forthe record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each ofwhom the City's attomey may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge wiil prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in confomuty with Minnesota Rules, part 1400.7000. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Adminislzative Law Judge for incorporation into his or her recommer_dation for Council action. If you fail to appear at the hearing, �our ability to challenge the aliegations will be forfeited and the allegations against you which have been stated eazlier in this notice may be taken as true. If non- public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Notice of Hearing - Page 2 If you have any questions, you can call me at 266-8710. Very truly yours, � �� Virginia D. Palmer Assistant City Attomey 00—rls 1 cc: Nancy Thomas, Office of Administrative Hearin�s, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Rich Jents, LIEP � Notice of Fiearing - Page 3 ��—°�5\ STATE OF MINNESOTA ) ) ss_ COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLE�IENTS, being first duly sworn, deposes and says that on July la, 2000, she served the attached NOTICE OF N_EAKING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Willie B_ Jones, Jr. 328 Birmingham Street St. Paul, MN. 55106 (which is the last known address of said person) and depositing the same, with postage prepaid, in the Unit tes mails at�,.S�t��aul, Minnesota. /l /1 lT CLEMENTS Subscribed and sworn to before me this 14th da�lof �3jy, 2000. PETER P. PANGBORPa NOTAAY PUBtJC - M1NNP�> �. Notary P ic •' IRESJAN.3" ',.;!:i STATE OF MINNESOTA OFEICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesoia 55401-2738 September 6, 2000 Fred Owusu City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, MN 55102 P., �rrri�lED SEP o 7 20gp CITY �� RE: In the Matter of the Taxicab Driver's License Application of Willie B. Jones, Jr.; OAH Docket No. 7-2111-13017-3 Dear Mr. Owusu: r>6 - 9s� Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions and Recommendation in the above- entitled matter. Also enclosed is the official record. Our file in this matter is now being closed. Very truly yours, RIC RD C. LUIS Administrative Law Judge Telep hone: 612/349-2542 RCL:aws Enclosures cc: Virginia D. Palmer Willie B. Jones, Jr. Providing Impartia( Hearings for Government and Citizens An Eaual Opportunitv Emplover Administrative Law Section & Administrative Services (612) 341-7600 �TTY No. (612) 341-7346� Fax No. (612) 349-2665 bd'�S STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) AFFIDAVIT OF SERVICE BY U.S. MAIL Debra S. Aws, being first duly sworn, hereby deposes and says that on the 6th day of September, 2000, at the City of Minneapolis, county and state aforementioned, she served the attached Findings of Fact, Conclusions of Law and Recommendation; Docket No. 7-2111-13017-3 by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid and addressed to the individuals named herein. Fred Owusu City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, MN 55102 Virginia D. Palmer Assistant City Attorney Office of the City Attorney 400 City Hall 15 W. Kellogg Blvd. St. Paul, MN 55102 Mr. �Ilie B. Jones, Jr. 328 Birmingham Street Saint Paul, Minnesota 55106 Subscribed and sworn to before me this �`� day of September 2000. / 1 � CzU@� vs��-,-, Notary Public # :� `"" ' LsVON REGAN �.- , No+�nrw�c.�� MY C�IMISSION EXPIRES S e �iM�i J�V�Y 3�� PI. C..G� Debra S. Aws D �,�� 7-2111-13017-2 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE SAINT PAUL CITY COUNCIL In the Matter of the Taxicab Drive�s License Application of Willie B. Jones, Jr. FINDINGS OF FACT. CONCLUSIONS AND RECOMMENDATION The above-entitled matter came on for hearing before Administrative Law Judge (ALJ) Richard C. Luis on August 17, 2000 in Room 42 of the Saint Paul City Hall, 15 W. Kellogg Blvd., St. Paul, MN. The record closed at the conclusion of the hearing on August 17. Virginia D. Palmer, Assistant City Attorney, Office of the City Attorney, 400 City Hall, 15 W. Kellogg Blvd., St. Paul, MIV 55102, appeared on behalf of the Office of Licenses, Inspections and Environmental Protection of the City of Saint Paul (City, LIEP). There was no appearance by or on behalf of Willie B. Jones, Jr. (Applicant). NOTICE This Report contains a recommendation, not a final decision. The Saint Paul City Council will make the final decision in this matter after a review of the record. The Council may adopt, reject, or modify the Findings of Fact, Conclusions and Recommendation made herein. Pursuant to § 310.05 of the St. Paul Legislative Code, the Council's final decision shall not be made until this Report has been made available to the parties and the Applicant has been provided an opportunity to present oral or written argument alleging error on the part of the Administrative Law Judge in the application of the law or the interpretation of the facts, and an opportunity to present argument relating to any recommended adverse action. The Applicant should contact the Offices of the Saint Paul City Council, 310 City Hall, St. Paul, MN, 55112, to ascertain the procedure for presenting argumeni to the Council. STATEMENT OF ISSUE Whether the recommendation of the St. Paul Office of Licenses, Inspections and Environmental Protection to deny a Taxicab Driver's License to Willie B. Jones, Jr. because of his felony conviction for possession of cocaine within the last five years should be affirmed. Based upon all of the proceedings herein, the Administrative Law Judge makes the following: D b,RSi FINDINGS OF FACT 1. A Notice of Hearing was issued in this matter on Ju1y 13, 2000. The Notice set a hearing for 9:30 a.m. Thursday, August 17, 2000 at Room 42 of the Saint Paul City Hall, 15 W. Kellogg Blvd., St. Paul, Minnesota. The Notice was mailed to the ApplicanYs last known address — 328 Birmingham Street, St. Paul, MN, 55106. 2. Wiflie B. Jones, Jr. did not appear at the hearing. He did not contact the Administrative Law Judge, the Office of the City Attorney or the Office of Licenses, Inspections and Environmental Protection to request a continuance. 3. The Notice of Hearing issued to the Applicant on June 13, 2000 stated, in relevant part, on page 2: "If you fail to appear at the Hearing your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this Notice may be taken as true." The Notice contained the following allegation, on page 2: "On June 10, 1997 you pled guilty to a felony charge of 5tn Degree Possession of Cocaine." 4. A Ramsey County District Court printout for Case 62-K8-97-001563, admitted at the hearing as Exhibit 2, indicates that Willie B. Jones, Jr. pled guilty on June 10, 1997 to a violation of Minn. Stat. § 152.025 (Fifth Degree Possession of a Controlled Substance). Violation of that statute is punishable by imprisonment up to 5 years, and is a felony. On July 21, 1997, the Applicant was sentenced to 17 months' confinement and 5 years' probation as a result of the conviction. 5. Mr. Jones applied for ficensure as a taxicab driver with the City's O�ce of License, Inspections and Environmental Protection on June 6, 2000. In connection with that application process, the LIEP obtained authorization to check Mr. Jones's records from the Minnesota Bureau of Criminal Apprehension. That record check resulted in the information noted above regarding Mr. Jones's felony conviction for possession of cocaine. 6. As a result of his failure to appear at the hearing on August 17, Mr. Jones is in default. As a result of that default, he has forfeited his ability to challenge the allegations against him specified in the Notice of Hearing, which resulted in the Recommendation to deny his license application, and the allegations specified against him in the Notice of Hearing may be taken as true. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: ��'�'� CONCLUSIONS 1. The Administrative Law Judge and the Saint Paul City Council have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and § 310.05 of the Saint Paul Legislative Code. 2. The Hearing was conducted in accordance with the requirements of Minn. Stat. §§ 14.57 to 14.62 and applicable portions of the procedures set forth in § 310.05 of the Saint Paul Legislative Code. 3. The City has given proper notice of the hearing in this matter and has fulfilled all relevant, substantive and procedural requirements of law and rule. 4. By failing to appear at the scheduled hearing, the Applicant is in default. As a result, the allegations noted in the Notice of Hearing are taken as true. Under § 376.16(e)(4) of the Saint Paul Legislative Code, the ApplicanYs conviction of Fifth Degree Felony Possession of Cocaine on June 10, 1997 disqualifies him from the operation of a taxicab in the City of Saint Paul, and from receiving a license for such operation for a period of five years after the conviction. As a result, it is appropriate to deny Mr. Jones's current application for a taxicab driver's license. 5. Minn. Stat. Chapter 364 allows licensing authorities to consider the rehabilitation and present fitness of criminal offenders in deciding on whether an occupational license should be granted. There is no evidence of rehabilitation or of mental/emotional fitness on the part of the Applicant. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS RECOMMENDED that the Saint Paul City Council DENY the application of Willie B. Jones, Jr. for a Taxicab Driver's License. Dated this � day of September, 2000. �� - RICHAR C. LUIS Administrative Law Judge Reported: Default � 1 No It is requested that the City of Saint Paul serve its final decision in this matter upon the Administrative Law Judge by first class mail. �' OFFICE OF ADNIINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In Re the TaYicab Driver's License Application of Willie B. Jones CITY'S PROPOSED EXI3IBITS August 17, 2000 ��"�`'� TO: Judge Richazd C. Luis, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Squaze, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list ofthe City's proposed exhibits for the Administrative Hearing on August 17, 2000. Exhibit No. Exh. No. 1 Exh. No. 2 Exh. No. 3 Description Taacicab Driver's License Application submitted by Willie B. Jones, dated June 6, 2000 (4 pp.); Ramsey County Court printout for case 62-K8-97-001563 (5 pp.); Notice of Intent to Deny License Application, dated June 14, 2000, with Affidavit of Service (3 pp.); E�. No. 4 Notice of Hearing, dated July 13, 2000, with Affidavit of Service (4 pp.). � Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code § 310.05 St. Paul Legislative Code § 310.06 St. Paul Legislative Code Chapter 376. Taacicabs Minn. Stat. Chapter 364 Respectfully submitted this 1 �th day of August, 2000. Virginia . Palmer Assistant City Attorney Office of The City Attomey 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 �b-�.� 1 OFFICE OF THE CITY ATTORNEY �)� l Clayton M. Robinsors, Jr., CityAaorney � 1i ( CITY OF SAINT PAUL Narm Colerrsan, Mayor - CivilDivisian 400 Ciiy Hall 15 West%I[ogg Blvd Sairst Pau[, Minnesata 55702 Zelephone: 657 266-8710 Faa'imile: 657 29&5679 7uly 13, 2000 NOTICE OF HEARING Mr. Willie B. Jones, Jr. 328 Birmingham Street Saint Paul, Minnesota 55106 RE: Applicarion for Tasicab Driver's License Our File Number: G00-0185 m- ? : C � cn — 0 � c � 0 a �: � r,: � r; ; G Dear Mr. Jones: Please take notice that a hearing will be heid at the following time, date and place concerning your application for a taxicab driver's license: Date: Thursday, August 17, 2000 Time: 9:30 a.m. Place: Room 42 St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Richard C. Luis Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-349-2542 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310-OS and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- intoxicating liquor, authority is also conveyed by Minnesota Statutes secfion 340A.415. Adverse� action may include denial, revocation, suspension, fines and other penalties or conditions. Evidence wili be presented to the judge which may lead to ativerse action against your application for a ta�cicab driver's license as follows: On June 10,1997 you pled guilty to a felony charge of 5` Degree Possession of Cocaine. You have the right to be represented by an attomey before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing wiil be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. � At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attomey may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each ofwhom the City's attorney may cross-examine. The Administrarive Law Judge may in addition hear relevant and materiai testimony from persons not presented as witnesses by either party who have a substanrial interest in the outcome of the proceeding; for example, the owners or occupants of properiy located in close proxnnity to the licensed premises may have substantial interest in the outcome of the proceeding. Conciuding azguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conciusions of Law, and a specific recommendarion for action to be taken by the City Council. You should bring to the hearing ali documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incoxporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations wili be forfeited and the ailegations against you which have been stated earlier in this notice may be taken as true. If non- public data is received into evidence at the hearing, it may become public unless objecrion is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Notice of Hearing - Page 2 Tf you have any quesrions, you can call me at 266-8710. �o�`�� V ery truly yours, v � �� Virginia D. Palmer Assistant City Attomey cc: Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, DirecTor, LIEP Christine Rozek, LTEP Rich Jents, LIEP � Notice of Hearing - Page 3 . `. _ i� RECEIPT FOR APPLICATION Date of Application: Jun O6, 2000 Received From: 20000002688 WILLIE B JONES JR WILLIE B JONES JR 328 BIRMINGHAM ST ST PAUL MN 55106 In appiication for: Ta�ciqb Driver (Provisional) ( t) Eff Date: Jun 06, 2000 - Eup Date: Jun O6, 2001 Lic Fee: Total Due on this applicatian $66.00 Other Fees Owed $0.00 Account Total Amount Due $66.00 Amount Paid $s6.o0 Date Received Jun 06, 2000 Outstanding Account Balance Due 50.00 ConWcts: Conditions: Project PaciliWtor: ASUNCION, CORINNE Inspector(s): Requirements: Record Check CITY OF SAINT PAUL � ��I OFFlCE OF LICENSE, INSPECTIONS ANO ENVIRONMENTAL PROTECTION 350 SG Pe}er SL Suite 300 Saiirt Pau( btinnesoFa 55102 (651) 266-9090 fic (65]) 266-9724 $66.00 Amount Paid: $66.00 This is not a License to oK� In Re the Taxicab river s icense ■ _ Application of Willie B. Jones _ Page t of 1 City s Exh. No. 1 � - • �r`�� -- � �° _.� :: �:\I ' LICENSE APPLICATION THIS APPLICATION IS SilBJEGT TO REVIEW BY Tf� PUBLIC PLEASE TYPE OR PRINT IN INK LICENSES ARE NOT TRANSFERABLE PAYMENT MiJST BE RECEIVED WITH EACH APPLICATION APPLICANT MUST BE PRESENT TO APPLY b-�.�� CITY OF SAINT PAUL Office ofLicense, Inspections and Environmenial Protecuon 350 Sc Paa Sc Swrc 3W s� eaw, �� ss�oz (651) 2669090 faz (651) 266-91]A Applicant InformaROn: �'; ��lYt�': v . .s— •-i _ z« - .',; Name and Title: ��i�t�C � �� ` "''`'`�'� Fis[ Middle (Maiden) Iast Ti[le 4*xr*�..,.�. J; c.. z .s3 . �i��'�`��d�L �'YA/!i �....; + � .' � 5 � :3, ��.�.�+..'^^� - 5��..� ^ ' Home Address� �' �� '�` Y � Street (tf, Name, Type, Direction) Ciry State Zip+4 Mail To Address (if different than home address): �-rn�. a S c.��/e- Street (#, Name, Type, Direction) Ciry State Zip+4 Home Phone: �`"��%��?'=�� Date of Birth �`+��1:�'�;'!:'� ` Place of Birth ��'`s��..�p��" �� `� �� -. �� Driver's License # �^'�`��w� ��r'-��"��'�"�� Exp. Date �� b�� , =�"`�"' � Are you a ciazen of the United States? �=�Y� ;�>�+'� `` -":�_� �"==�`'' If you are not a US resident, you must provide proof of work authorization from the US Immigration and 1Vaturalization Service. Name and Address of cab company you will be driving For Do you own or lease the cab you drive? �C45-<-- What is the lease rate you pay to operate the cab? APiY FALSIFICATION OF ANSR'ERS GIVEN OR MATERIAI. SUBMITTED WII.L RESULT IN DEriIAL OF THIS APPLICATION I hereby state that I have answered all of the preceding questions, and that the information contained herein is true and cosect to the best of my knowledge and belie£ I hereby state further that I have received no money or other considerarion, by way of loan, gi8, contribution, or otherwise, other than akeady disclosed in the application which I herewith submitted. I also hereby state that I have read and understand the rules and regulations set forth in Chapter 376.16 (Taxicab Driver's License of the Saint Paul Legisiative Code). SignaNre (REQUIl2ED for Alt ; _ �'� `' . ..... is $8. 02/OUI999 .. - _� Y = ;,, f r-' r _� ��' :: � � �.: O J� Y �� t o�� -�r t�, � , ,�. �. .� yY5 � .. � � �'9 �� 'F' ��r.- ,_�� r �� @ �� r?� ", k' S u f�? � � �=:_. - _ � �?-�r� l - �s , F N L ~ ,��a "€ cssr - ' (� ' - �" � t _ .�� - '3- ,_ - r.� � l T"\ T}.�. _ - � $ � � - F �� ...�,_� __ - -. p.,�;LL j,.� -" ' � w �_ ,�t � V°�� fi�. � .# . - , t4' £ �1 �� ' � � . . . � °�`�� - � _ �` �.� - :�„ �� ,. .� av/�^Q � :t",a-.�"` LJ "_ y � �„, xw� .^s. � � . .. � _ fl— � . - "i.� . Yr._e . �; � . y _. ._,�. �� , � : �'- .,;,' > � r i _ �[. R 'v ` J �(� � �4 4� � R� l + m ....a �'ri k` . .r . . . .. ..��. .. "- � j,:. - ,,. ^ `'p� ; v?�..... . �- M �- � '�'u � � �` y � ^ � � '� - L�+'h.;,v"!`-� 4 '. . � tf -.�r4 '- M: v : �'iA� . W".�:C�;.. '��`•- Ms K�.� � C" - �: � � r� �- � ''eC � :� _ y '�'� . � f"' W : . c �.� ....,_.. � "_ " � �:`� a_� p ,_. �:,::;?as �_.':; _ :�-..��.��.;� _ oU'�`�� m 9 , a= � W °� a p=� � . w3� � WQ� 4 . j0a � . 3�a 3 ` — ---- � . C ; --- — SD1008.0/000811:124937 Criminal Case Summary �b��' 62-K8-97-001563 Felony Date filed: 05/14/1 Name: JONES, WILLIE BERL, [040797] Alias: DOB: 02/09/1968 Race: Black Sex: Male Soc Sec # 426279488 Dfnt Attrny: THOMAS LAWRENCE DONOHUE Type: Public Def Dfnt Status: Own Recog Status Date: 09/14/1998 Bail Amount: Case Status CLOSED Offense Date: 04/07/1997 Warrant Date: Location: 1 Continuances: 0 Trial Type: Jurisdiction: District CCT PZea Charge Chap/Sect/Subd GOC UOC Verdict 001 GUILTY POSS COCAINE 5TH DGR 152.025 21 N DH5A0 Convicte Date Last 10/30/1998 Pending 01/21/2003 Activity Time Judge Transcript 2:09 Archive CRT Disposition Date Next FC_ 04 06 08 10 � � n e e axica r►ver s►cense _ Application of Willie B. Jones _ City s Exh. No. 2 SD1009.0/000811:124954 Criminal Sentencing Inquiry Last 62-K8-97-001563 Felonv Date filed: 05 14/1 Defendant: JONES, WILLIE BERL, [040797] � `� SENTENCING: Date-07/21/1997 Judge-03515G Stay Imposition: �� COUNTS; 001 � SENTENCE Year Mos Davs Pronounced 17 _ Probation 5 Conditional Lenc�th of Stav 5 Fined S 3075.00 Surcharge S 0.00 Costs S 0.00 Public De£. S 0.00 Restitution S 0.00 Recipient: DL Suspend: Sehool COMMENTS: 9-14-98 WVD,CHE Next 45 Confinement NCIC: MN062023C Probation NCIC: MN062013G Type: S Residential Treatment: Staved S 3000.00 Concurrent Consecutive This Other Cmpint Cmolnt Other Court Provisions: Reinstated: : Date- PV ADMIT,J.COHEN-CONT PROB M DEP UPDATE,AA WEEKLY,TX FC_ OZ 02 03 Alchl Assess: $ Waived SAME T/C,$300/SAVE,FEES PER PO,OBTAIN AA SPONSOR 06 07 O8 09 12 SD2005.0/000614:100422 Activity Display Fi 62-K8-97-001563 Felony Date filed: 05j14/1 The State of Minnesota �,� ri ! Date _ 05/14/97 05/14/97 _ 05/14/97 06/O1/07 _ 05/20/97 05/20/97 _ 05/20/97 06/03/97 _ 06/03/97 06/24/97 � 06/03/97 _ 06/03/97 _ 06/03/97 _ 06/05/97 _ 06/05/97 06/10/97 _ 06/06/97 _ 06/06/97 _ 06/1Q/97 07/21/97 Q7/21/97 _ 06/10/97 _ 06/24/97 _ 07/21/97 _ 07/21/9� _ 07/21/97 Time Status Crt In- Tr- Continu Activity Start/End Judge Notice Room trp ied SrvcDa Case Filed 11:39/11:39 OCC/ CPLT FILED AS WARRANT BS @$2,000 KMS Warrant 11:39/ G Shumaker OCC/ SP CPLT FILED AS WARRANT BS @$2,000 Warrant 11:39/ G Shumaker OCC/ SP WARRANT SENT TO SHERIFFS OFFICE KMS Warr Rvw / CAN/ CPLT FILED AS WARRANT BS @$2,000 War Retd 08:19/ OCC/ DFD ARR WAR #973876; FA 5/20/97 1:30PM ADC RC 1st Distrt 01:30/ L Cohen OCC/ SP CUS DFD Al2R WAR #973876 1ST APP ADC lst Distrt 01:30/ L Cohen OCC/ SP PD APPTD NP FO 6/3/97 1PM ADC BSA $500 AMP Omnibus 01:00/ G Shumaker OCC/ SP CUS NP FO ADC Omnibus 01:00/ G Shumaker OCC/ SP PCF PNG CONTESTED OH 6/24/97 1:30 COFTEN BAIL MOTION DENIE AMP Cntsted OH 01:30/ L Cohen CAN/ SP CUS PNG CONTESTED OH COHEN Doc. Filed 04:51/ OCC/ RULE 7& 9 DISCLOSURE FILED BY STATE AMP Order 04:52/ OCC/ ORDER SfiTTING DISPOSITIONAL CONFERENCE AMP Doc. Filed 04:54/ OCC/ OMNIBUS NOTICE, REQUEST FOR DISCLOSURE AND MOTION AMP Doc. Filed 09:03/ OCC/ DISCLOSURE OF WITNESSES PP Clerical 12:00/ OCC/ OH-2 STRICKEN - ADV FOR PLEA HRG 6-10-97 8:30 COHEN 1240 PER CHRISTINE-LC J. COHEN EAN Hearing 08:30/ L Cohen CAN/ 1240 CUS PLEA HRG - ADV FROM 6-24-97 OA-2 COHEN Doc. Filed 01:52/ OCC/ NOTICE OF CONTESTED OMNIBUS HEARING PP Correspond 01:53/ OCC/ LETTER FROM THOMAS L DONOHUE TO VALISA MCKINNEY PP Plea Hrng 08:30/ L Cohen OCC/ SP PG AS CHGD,POSS COCAINE-5TH, FC PSI/SNT 7-21-97 AT 1;30PM J.COHEN,ROOM 1240. DEF RELEASED CR/PR PKW Pre-sntInv 09:57/ OCC/ Sentencing 01:30/ L Cohen OCC/ 1240 CR/PR-PG AS CHGD-PSI/SNT,J.COHEN,ROOM 1240 Doc. Filed 09:50/ OCC/ FELONY GUILTY PLEA PETITION FILED PKW Order �3:59/ OCC/ ORDER OF CONDITIONAL RELEASES JJW Pre-sntInv 09:57/ OCC/ AuditorPas 10:24/ OCC/ WILLIE BERL JONES WAS FOUND GUILTY OF A FELONY 7/21/97 "POSS COCAINE 5TH DEGREE" D.O.B 2/9/68; PM Sentencing 01:30/ L Cohen OCC/ 124Q COFC 17MOS &$3000 STY EX TO PROB 5YRS CND;1)SRV 45DYS-CR 2jLTSL TC PB;3)CE/CMPL;4jABSTN;5)UA�S/BRTH6)ED/VOC COUN;7) CC;$3000 MAY BE REDUCED BY $300 W/CLEAN UA�S;P/A;TSI 8/4; O1/21/03 Archive / CAN/ _ 07/21/97 Clerical 02:50/ OCC/ ,c�,��l FINE MGR DEFT TO PAY BY 8/4 MD � � D8/04/97 Sp Acct Rv / CAN/ P/A MD _ 07/21/97 Closed 05:00/ OCC/ Next FC_ O1 02 03 04 06 10 li 12 SD2005.0/000614:100450 Activity Display Co The State of Minnesota Date _ 08/05/97 _ 10/24/97 _ 11/24/97 _ 08/20/98 09/01/O8 _ 09/09/98 09/14/98 _ 09/14/98 Time Status Crt In- Tr- Continu Activity Start/End Judga Notice Room trp ied SrvcDa Pd in Full 01:18/ OCC/ 75 CASH JRM Transcript 12:05/ OCC/ TRANSCRIPT OF PLEA FILED Transcript 01:55/ OCC/ TRANSCRIPT OF SENTENCING FILED LHH Warrant 02:58/ L Cohen OCC/ PV FILED BY JEFF MARTIN; FT COMPLETE EX CARE CHEM PRG AT TWIN TOWN; FT ABSTAIN FROM DRUGS Warr Rvw / L Cohen CAN/ SP/PV; FT COMP TWIN TOWN PRG; ABSTAIN ARC 1-21-03 War Retd 11:30/ OCC/ DEFT ARRESTED ON PV WARR - PER PO: JEFF MARTIN SET FOR PV HRG 9-14-98 1:30PM COHEN Revoc Hrg 01:31/ L Cohen OCC/ CH CUS PV HRG PO; JEFF MARTIN ARC 1-21-03 Revoc Hrg 01:31/ L Cohen OCC/ CH PV ADMIT-CONT PROB SAME TERMS/CONDS,CR 7DYS,CHEM EVAL UPDATE,AA WEEKLY,TREATMENT PER PO,OBTAIN AA SPONSOR 01/21/03 Archive / PEN/ _ 09/14/98 Closed 05:30/ OCC/ _ 10/30/98 Transcript 02:09/ OCC/ TRANSCRIPT OF PROB VIOL HRG OF 9/14/98 FILED I�I � �Y�;? PKW LHH I i CITY OF SAINT PAUL Norm Cvleman, Ma��or June 14, 2000 OFFICE � CITY ATTORNEY Claytors M. rtron, Jr., Ciry,fnorney Q f5 �� v civitDivision 400 Ciry Half IS P.'ertKe([oggBlvd. Sain[ Paul, Ivlinnuoia 551-02 Telephone: 65! 266-8710 Facsimile: 651 298-5619 NOTICE OF INTENT TO DENY LICENSE APPLICATION Mr. Wiilie B. Jones, 7r. 328 Bnmingham Street Saint Paul, Minnesota 55106 __ RE: Application for Taxicab Driver's License Dear Mr. Jones: The Office of License, Inspections and Environmental Protection has recommended denial of your application for a taxicab driver's license. The recommendation is based on the fotlowing: On June 10,1997 you pled guilty to a felony charge of 5"' Degree Possession of Cocaine. Saint Paut Legislative Code. § 376.26(e)(4) states that to be eligibte to operate a taxicab an applicant must have no felony convictions in the last five years and no non-traffic gross misdemeanor or misdemeanor convictions in the last three yeazs involving the use or threat of use of force, possession or sale of a controlled substance, prostitution or indecent conduct. If you do not dispute the above facts, you may withdraw your applicarion at this rime. Altematively, if you do not dispute the above facts, but wish to have a hearing in front of the Saint Paul City Council to dispute the recommended denial of your license application, you will need to send me a letter admitting the violation and requesting a public hearing. The matter will then be scheduIed for a public hearing before the City Council to determine the disposition of your ]icense application. You will have an opportunity to appear and speak on your own behalf, or to have someone appear there for you. � � n e t e axica nver s�cense _ Application of Willie B. dones _ City's Exh. No. 3 Page 2 Mr. Willie B. 7ones, 7r. June 14, 2000 � � ��'� On the other hand, if you wish to dispute the above facts, I wili schedule an evidentiary hearing before an Administrative Law Judge (A.LJ). If you wish to have such a hearing, please send me a Ietter stating that you are contesting the facfs. You wili then be sent a"Notice of Hearing," so you will know when and where to appear, and what the basis for the hearing will be. If you have not contacted me by Monday, June 26, 2000, I will assume that you are not contesting the facts and will schedale this matter for the St. Paul City Council and have it placed on the Consent Agenda during which no public discussion is allowed and the recommended denial of your license application will be imposed. If you have any questions, feel free to contact me at 266-8710. Sincerely, _ _ � ��.-,.`-ti � Virginia D. PaImer Assistant City Attomey cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Rich Jents, LIEP � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY � AFFIDAVIT OF SERVICE BY MAIL Dc-�51 JOANNE G. CLEMENTS, being £irst duly sworn, deposes and says that on June 14, 2000, she served the attached NOTICE OF INTENT TO DENY LICENSE APPLICATION upon the following named person placing a true and correct copy thereof in an envelope addressed as follows: Mr. Willie B. Jones, Jr. 328 Birmingham Street St. Paul, MN. 55106 (which is the Iast known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. �� r, � � Subscribed and sworn to before me this 14th da�-'o� Jty�� 2�Y6�Q. / � 1 / J- / / �9 NOTAHRPU641CAMI Notary Public �ry.��g�� €.XPIkE� JkN.31. 20DS i � CITY OF SAINT PAUL Nom� Coleman, Mayor 7uly 13,2000 Mr. Willie B. Jones, Jr. 328 Birmingham Street Saint Paul, Minnesota 55106 OFFIC THE CITY ATTORNEY Clay[on M�inson, h., CilyArro�ney �� _ � Civil Division 400CrryHall Telephone;651266-8710 15 Wesi%Ilogg B[vd Faesimile: 657 298-5619 Sain1P¢ul, Minnesota 55702 NOTICE OF HEARTNG RE: Application for Tasicab Driver's License Our Fiie Nuxnber: G00-0185 Dear Mr. Jones: Please take notice that a hearing wili be held at the following time, date and place concerning your application for a ta�cicab driver's license: Date: Thursday, August 17, 2000 Time: 9:30 a.m. Place: Room 42 St. Paul City Hall 15 W. KeAogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrafive Law 7udge from the State of Minnesota Office of Administrative Hearings: Name: Telephone: Richard C. Luis Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 612-349-2542 The CounciI of the Ciry of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating aud non- � n e e axica rrver s icense _ _ Application of Willie B. Jones _ City s Exh. No. 4 DG� ��.�� intoxicating liquor, authorit�s also conveyed by Minnesota Statute�ction 340A.415. Adverse action may include deniai, revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to a8verse action against your application for a taYicab driver's license as follows: On June 10,1997 you pled guilty to a felony charge of 5`" Degree Possession of Cocaine. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul LegisIative Code as may be applicable. � At the hearing, the Administrative Law Judge will have alI parties identify themselves for the record. The City wiil then present its witnesses and evidence, each of whom the licensee or attomey may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each ofwhom the City's attorney may cross-examine. The Administrative Law 7udge may in addition hear relevant and material tesrimony from persons not presented as wimesses by either parfy who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of proparty located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the 7udge will prepaze Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you wiil or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in confomuty with Minnesota Rules, part 1400.7000. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Admnustrafive Law Judge for incorporation into lus or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you wlvch have been stated earlier in this notice may be taken as true. If non- public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Notice of Hearing - Page 2 • If you have any questions, you can call me at 266-8710. Very truly yours, v � �� Virginia D. Palmer Assistant City Attorney • oo�g�l cc: Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Rich Jents, LIEP � Notice of Hearing - Page 3 • STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) L ��,��1 AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on July 14, 2000, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Willie B. Jones, Jr. 328 Birmingham Street St. Paul, MN. 55106 (which is the last known address of said person) and depositing the same, with postage prepaid, in the Minnesota. Subscribed and sworn to before me this 14th d��of �xr}.jy, 2000. Notary PE7ER P. PANGBORP. NOTARYPUBUC-MINNF'* '�. MY CAMM�S3i:..� -- EXPIRESJAN." ..i.� Council File # O O�� S� QR�G(r_.�;L Presented By RESOLUTION CITY OF SAINT PAUL, D'IINNESOTA Green Sheet # Id � O 69 � Referred To Committee: Date 1 RESOLVED, that the application for a tasicab driver's license by Willie B. Jones, Jr. is 2 hereby denied, based upon his failure to meet the requirements of Saint Paul Legislative Code 3 §376.16(e)(5). 4 5 FURTHER RESOLVED, that the findings of fact, conclusions of law and memorandum 6 contained in the ALJ Report in this case, dated September 6, 2000, are expressly ratified and 7 adopted as the written findings and conclusions of the Council in the matter, and the 8 recommendation of the ALJ is hereby adopted. 9 10 This Resolution is based on the record of the proceedings before the Administrative Law 11 Judge, including the hearing on August 17, 2000, the documents and e�ibits introduced therein, 12 and the deliberations of the Council in open session on September 25, 2000. 13 14 A copy of this Resolution, as adopted, shall be sent by first class mail to the 15 Administrarive Law Judge and to the Licensee Requested by Department of: Adoption Certified by Council Secretary By: Appr By: By: ��tL /��{� Fozm Approved b City Atto� -.n By: - � Approved by Mayor for Submisaion to Council By: Adopted by Covacil: Date �`'�. L1 �� 00 -°�s� , _, o��b� GREEN SHEET No 106069 Virginia Palmer 266-8710 f BE ON COUNqLAGFNDA BY (OATt7 October 11, 2000 - Consent ��: � TOTAL #F OF SIGNATURE PAGES ov.yti�ro�t�an rnr�au�s ❑ a�r�nouar ❑ arcruuc _ ❑ nuurw��nnecaoR ❑ rr.�cu�aRa�ee,o ❑MYORI�A{OiTANn ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Finalizing City Council action denying the application for a tasicab driver's license by Willie B. 7ones, Jr. (Public hearing held September 2�, 2000) PLANNING COMMISSION CIB COMMIITEE CIVIL SERVICE COMMISSION rles mic aeisoNrxm eve.workea unaer a�r�t r« u,ic aepartmenn VES NO Hes Mi P�eai�firm ever heen e cily empbyee9 YES NO Does thie Perwruhrm P�eecs a Gdll not rw�mellYP�ssed bY �Y current citY �obYce7 VES NO Is Mis pe�sONfirm e fnrgefetl verMoR YES MO 811d 2tt8d1 SO 9f8LY18�1¢E� IFAPPROVED AMOUNT OF TRANSACTION f SOURCE COSTlREVRlUE BUDfiETED (CIRCLE ON� ACTIVRYNUMBER VEE NO INFORMAiION (IXPWN) OFFICE OF THE CITY ATTORNEY D 0 _R S i Claytox M. Robinson, Jr., Ciry Attarney �� CITY OF SAINT PAUL iVorm Colemars, Mayor September 8, 2000 Mr. Willie B. Jones, Jr. 328 Birmingham Street Saint Paul, Minnesota 55106 Civil Division 400 Ciry Ha(1 Telephone: 651 266-8710 IS Wut Kellogg BIvA. Facsimile: 65! 298-56l9 SaintPaul, Minnesota 55102 NOTICE OF COUNCIL HEARING r,OURC� �'+.83&3�C1; �8�#°1' ��Q �, �. ��Q� RE: Application for Taacicab Driver's License Dear Mr. Jones: Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned license application has been scheduled for 5:30 p.m., Wednesday, September 27, 2000, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written argument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, ./ ��,�-� ., v �� Vuginia D. Palmer Assistant City Attomey cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Richard Jents, LIEP z�o—gs\ 7-2111-13017-2 STATE OF �AIN�ESOTA OFFiCE OF ADMINISTRATIVE HEARINGS FOR THE SAINT PAUL CITY COUNCIL In fhe Matter of the Taxicab Driver's License Application of Willie B. Jones, Jr. FINDWGS OF FACT CONCLUSiONS AND P,cC�MN1FNDATION The ai�ove-entitled matter came on for hearing before Administrafive Law Judge (ALJ) Richard C. Luis on August 17, 2000 in Room 42 of the Saint Paul City Hall, 15 W. Keilogg Blvd., St. Paul, MN. The record ciosed at the conclusion of the hearing on August 17. Virginia D. Palmer, Assisian* City Attorney, Offiice of fhe City Aiforney, 400 City Hall, 15 W. Keilogg Blvd., St. Paul, MN 55102, appeared on behalf of the Office of Licenses, Inspections and Environmental Protection of the City of Saint Paul (City, LIEP). There was no ap�earance by or on behaifi of Wiliie B. Jones, Jr. (Applicant). E�OTICE This Report contains a recommendation, not a final decision. The Saint Paul City Council wi11 rn�ke the final dECision in fihis matfer after a review of the record. The Council may adopt, reject, or modify the Findings of Fact, Conclusions and Recommendafion made herein. Pursuant to § 310.05 of 4he St. Paul Legislative Code, the Council's final decision shall not be made until this Report has been made available to the parties and the Applican4 has been provided an opportunity to present oral or wriften argument alleging error on the pa;i of the Administra4ive La�v Judge in the application of the law or fhe interprefiation of the facts, and an opportunity to pressnt argument relating to any recommended adverse action. The Applicant should contact the Offices of the Saint Paul City Council, 310 City Hall, Sf. Paul, MN, 55112, to ascertain the procedure for presenting argument to the Council. ST6�T�F�i��aT C7�• 4��t9� Whether the recommendation of the St. Paul Ofnce of Licenses, Inspections and Er.vironment�l Protecfion to deny a Taxicab Driver's License to Willie B. Jones, Jr. because of his felony conviction for possession of cocaine within the lasf five years should be affirmed. Based upon all of the proceedings herein, the Administrative Law Judge makes ihe iollowing: � _ o� -�st � Res�arch C ' F C�% n �i��.��VS c� ��.c= SE° 11 2Da0 1. A P�otice of Hearing �vas issued in this matfer on July 13, 2000. The Notice sef a hearing for 9:30 a.m. ? hursday, August 17, 2000 at Room 42 of the Saint Paul Cinr �lall, 15 W. Kellogg Bivd., St. Pau(, Minnesota. The Notice Uras-mailed �o tfie Apn;icar:t's IGsi known address — 328 BErmingham Street, St. Pau�, NN, 55106. --- 2. Willie B. Jones, Jr. did not appear afi the he�,ring. He did not contact fhe Administrative Law Judge, the Office of the City Attorney or the Or;�ce of Licenses, Inspections and Environmenfial Protecfion to request a continuance. 3. The 1�oiice of Hearing issued to fhe Applicant on June 13, 20�0 stafied, in relevant part, on page 2: "if you fail to appear at fhe Hearing your abiiity to chalienge t�e allegations will be forfeited and the aliegations against you which have been stated earlier in this Notice may be taken as firue." The Notice contained the following allegation, on page 2: "On June 10, 1997 you pled guilty to a felony charge of 5 Degree Possession of Cocaine." 4. A Ramsey County District Court printout for Case 62-K8-97-001563, admitted at the hearing as Exhibit 2, indicates that Willie B. Jones, Jr. pled guilty on June 10, 1997 fo a violation of Minn. Stat. § 152.025 (Fifth Degree Possession of a Controlled Substance). Violation of thaf statute is punishable by imprisonment up to 5 years, and is a fefony. On July 21, 1997, the Appficant was sentenced fio 17 monihs' confinemsnt and 5 years' probation as a resuli of the conviction. 5. Mr. Jones applied for licensure as a taxicab driver with the Cifiy's Office of License, inspecfions and Environmental Protection on June 6, 2000. In connection with fhat application process, the LIEP obtained aufhorizafion to check Mr. Jones's records from the Minnese�a Bureau of Criminal Apprehension. That record check resulted in the informa4ion noted above regarding Nir. Jones's felony conviction for possession of cocaine. 8. r�.s a result of hi� fail�re to Gppear z:± tne hearinc� on Aug�,�s� ; 7, fvir. Jones is in defauif. �,s a res�lf cf that d��ault, he has fo�e{ted �is abilify ro chalienge the allegations against him specified in the Notice of Hearing, which resulfed in fhe Recommendation to deny his license application, and the allegations specified against him in the Notice of Hearing may be talcen as true. Based upon the foregoing Findings of Fact, the Adrr;iristrative Law Judge makes the following: On-`�S1 CONCLUSIONS 1. The Adminisirative Law Judge and the Saint Paul City Council h�•,. e jurisdiction in this matter pursuani to Minn. Siat. §�4.55 and § 310.05 of fhe Saini °au; Legislative Code. 2. The Hearing was conducted in accordance with the requirements of Minn. Stat. §§ 14.57 fo 14.62 and applicable porEions of the proce�+ures set fo�th in § 310.Ob of the Saint Paul Legislative Code. 3. The City has given proper notice of fihe hearing in this matter and has fulffled all refevant, substantive and procedural requirements of law and rule. 4. By failing to appear at the scheduled hearing, the Applicant is in default. As a result, the allegations noted in the Notice of Hearing are taken as true. Under § 376.16(e)(4) ef the Saint Pa�,. Legisiative Code, the Applicant's conviction of Fifith Degree Felony Possession of Cocaine on June 10, 1997 disqualifies him from the operation of a taxicab in the Ci'ry of Saint Faul, and from receiving a license fior such operation for a period of five years after the conviction. As a result, it is appropriate to deny Mr. Jones's current application for a taxicab driver's license. 5. Minn. Stat. Chapter 364 allows licensing authorities to consider the rehabilitation and present fitness of criminal offenders in deciding on whether an occupational license should be granted. There is no evidenca of rehabilitation or of mental/emotional fi4ness on the part of the Applicant. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOiViI'.�E6a9�A i iO3�3 IT IS REC�ME�EP�DED that the Saint Paul City Council DENY the application of Willie B. Jones, Jr. for a Taxicab Driver's License. Daied this G�day of September, 2000. • � � �-' � ��"�,,� RICHAR C. LUIS Administrative Law Judge Report2d: Default NOTICE �Q —95� It is requested that the City of Saint Paul serve its final decision in this ma?�er upon the Administrative Law Judge by firsf class mail. OFFICE OF THE CITY ATTORNEY Claylon M. Robinsors, Jr., Ciry Aflorney bG7-- CITY OF SA1NT PAUL Norm Coleman, Mayor September 8, 2000 Mr. Willie B. 7ones, Jr. 328 Birmingham Street Saint Paul, Minnesota 55106 CivilDivision 400 Ciry Hall Telephone: 65! 266-8710 ISWestKellaggBlvd. Fauimile:651298-56/9 Sairst Paul, Minnesota iiJ02 3 NOTICE OF COUNCIL HEARING O/VY�iLN �i�v�'�'.�.L+ �Gll�vl ' '_ ._ I l } RE: Application for Taxicab Driver's License Dear Mr. Jones: Please take notice that a hearing on the report of the Administrative Law Judge conceming the above-mentioned license application has been scheduled for 5:30 p.m., Wednesday, September 27, 2000, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written azgument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, _/ ��-� v (�'�� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Richazd 7ents, LIEP STAT'E OF MINNESOTA OFFICE OF ADNIINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 �'eCL'rii�l r^cS8'�C^: L°?'xAr September 6, 2000 �r � r > � p t.6 y.i � SeV Fred Owusu City Clerk 170 City Hall 15 West Keliogg Boulevard St. Paul, MN 55102 !?C'r.^ ; � �1�� EP 0 ? 1DOQ CITY � RE: In the Matter of the Taxicab Driver's License Application of Willie B. Jones, Jr.; OAH Docket No. 7-2111-13017-3 Dear Mr. Owusu: a�� Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conciusions and Recommendation in the above- entitled matter. Also enclosed is the official record. Our file in this matter is now being closed. Very truly yours, RICH RD C. LUIS Administrative Law Judge Telep hone: 612/349-2542 RCL:aws Enclosures cc: Virginia D. Palmer Wiilie B. Jones, Jr. Providing Impartiai Hearings for Govemment and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 �TTY No. (612) 341-7346� Fax No. (612) 349-2665 � �`�S 1 STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) AFFIDAVIT OF SERVICE BY U.S. MAIL Debra S. Aws, being first duly sworn, hereby deposes and says that on the 6th day of September, 2000, at the City of Minneapolis, county and state aforementioned, she served the attached Findings of Fact, Conclusions of Law and Recommendation; Docket No. 7-2111-13017-3 by depositing in the United States mai( at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid and addressed to the individuals named herein. Fred Owusu City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, MN 55102 Virginia D. Palmer Assistant City Attorney Office of the City Attorney 400 City Hall 15 W. Kellogg Blvd. St. Paul, MN 55102 Mr. Willie B. Jones, Jr. 328 Birmingham Street Saint Paui, Minnesota 55106 Subscribed and sworn to before me this �`�h day of September 2000. � � 1 �, c��'o-�-, , E� Notary Public ' °`�` � LaVpNREGAN nmun we� - �ma�otn ��. • � JANUARY 3N 2005� ��.1�(� Debra S. Aws � 7-2111-13017-2 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE SAINT PAUL CITY COUNCIL In the Matter of the Taxicab Driver's License Application of Willie B. Jones, Jr. FINDINGS OF FACT. CONCLUSIONS AND RECOMMENDATION The above-entitled matter came on for hearing before Administrative Law Judge (ALJ) Richard C. Luis on August 17, 2000 in Room 42 of the Saint Paul City Hall, 15 W. Kellogg Blvd., St. Paul, MN. The record closed at the conciusion of the hearing on August 17. Virginia D. Paimer, Assistant City Attorney, Office of the City Attorney, 400 City Hall, 15 W. Kellogg Bivd., St. Paul, MN 55102, appeared on behalf of the Office of Licenses, Inspections and Environmental Protection of the Cifij of Saint Paul (City, LIEP). There was no appearance by or on behalf of Willie B. Jones, Jr. (Applicant). NOTICE This Report contains a recommendation, not a finaf decision. Tfie Saint Paul City Council will make the final decision in this matter after a review of the record. The Council may adopt, reject, or modify the Findings of Fact, Conclusions and Recommendation made herein. Pursuant to § 310.05 of the St. Paul Legislative Code, the Council's final decision shall not be made until this Report has been made available to the parties and the Applicant has been provided an opportunity to present orai or written argument alleging error on the part of the Administrative Law Judge in the application of the law or the interpretation of the facts, and an opportunity to present argument relating to any recommended adverse action. The Applicant should contact the Offices of the Saint Paul City Council, 310 City Hail, St. Paul, MN, 55112, to ascertain the procedure for presenting argument to the Council. STATEMENT OF ISSUE Whether the recommendation of the St. Paul Office of Licenses, Inspections and Environmentai Protection to deny a Taxicab Driver's License to Willie B. Jones, Jr. because of his felony conviction for possession of cocaine within the last five years should be affirmed. Based upon all of the proceedings herein, the Administrative Law Judge makes the foilowing: � � _ys� FINDINGS OF FACT 1. A Notice of Hearing was issued in this matter on July 13, 2000. The Notice set a hearing for 9:30 a.m. Thursday, August 17, 2000 at Room 42 of the Saint Paul City Hall, 15 W. Kellogg Bivd., St. Paul, Minnesota. The Notice was mailed to the ApplicanYs last known address — 328 Birmingham Street, St. Paul, MN, 55106. 2. Wiifie B. Jones, Jr. did not appear at the hearing. He did not contact the Administrative Law Judge, the Office of the City Attorney or the Office of Licenses, Inspections and Environmental Protection to request a continuance. 3. The Notice of Hearing issued to the Appiicant on June 13, 2000 stated, in relevant part, on page 2: "If you fail to appear at the Hearing your ability to challenge the allegations will be forFeited and the allegations against you which have been stated earlier in this Notice may be taken as true." The Notice contained the foilowing allegation, on page 2: "On June 10, 1997 you pled guilty to a felony charge of 5tn Degree Possession of Cocaine." 4. A Ramsey County District Court printout for Case 62-K8-97-001563, admitted at the hearing as Exhibit 2, indicates that Willie B. Jones, Jr. pled guilty on June 10, 1997 to a violation of Minn. Stat. § 152.025 (Fifth Degree Possession of a Controlled Substance). Violation of that statute is punishable by imprisonment up to 5 years, and is a felony. On July 21, 1997, the Appiicant was sentenced to 17 months' confinement and 5 years' probation as a result of the conviction. 5. Mr. Jones applied for licensure as a taxicab driver with the City's Office of License, Inspections and Environmental Protection on June 6, 2000. In connection with that application process, the LIEP obtained authorization to check Mr. Jones's records from the Minnesota Bureau of Criminal Apprehension. That record check resulted in the information noted above regarding Mr. Jones's felony conviction for possession of cocaine. 6. As a resuit of his failure to appear at the hearing on August 17, Mr. Jones is in default. As a result of that default, he has forteited his ability to challenge the allegations against him specified in the Notice of Hearing, which resulted in the Recommendation to deny his license appiication, and the ailegations specified against him in the Notice of Hearing may be taken as true. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: ��_qSl CONCLUSIONS 1. The Administrative Law Judge and the Saint Paul City Council have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and § 310.05 of the Saint Paul Legislative Code. 2. The Hearing was conducted in accordance with the requirements of Minn. Stat. §§ 14.57 to 14.62 and applicable portions of the procedures set forth in § 310.05 of the Saint Paul Legislative Code. 3. The City has given proper notice of the hearing in this matter and has fulfilled all relevant, substantive and procedural requirements of law and rule. 4. By failing to appear at the scheduled hearing, the Applicant is in default. As a result, the allegations noted in the Notice of Hearing are taken as true. Under § 376.16(e)(4) of the Saint Paul Legisiative Code, the ApplicanYs conviction of Fifth Degree Felony Possession of Cocaine on June 10, 1997 disqualifies him from the operation of a taxicab in the City of Saint Paul, and from receiving a license for such operation for a period of five years after the conviction. As a result, it is appropriate to deny Mr. Jones's current application for a taxicab driver's license. 5. Minn. Stat. Chapter 364 allows licensing authorities to consider the rehabilitation and present fitness of criminal offenders in deciding on whether an occupational license should be granted. There is no evidence of rehabilitation or of mental/emotional fitness on the part of the Applicant. Based upon the foregoing Conclusions, the Administrative �aw Judge makes the following: RECOMMENDATIQN IT IS RECOMMENDED that the Saint Paul City Council DENY the application of Willie B. Jones, Jr. for a Taxicab Driver's License. Dated this � day of September, 2000. . / /.� � �/ �� RICHAR C. LUIS Administrative Law Judge Reported: Default f�� `�S � NOTICE It is requested that the City of Saint Paul serve its finai decision in this matter upon the Administrative Law Judge by first class mail. o � _�S1 OFFICE OF ADMIPTISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SA1NT PAUL In Re the TaYicab Driver's License Application of Willie B. Jones CITY'S PROPOSED EXHIBITS August 17, 2000 TO: Judge Richazd C. Luis, Administrative Law 7udge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list ofthe City's proposed exhibits for the Administrative Hearing on August 17, 2000. Exhibit No. Description E�. No. 1 Taxicab Driver's License Application submitted by Willie B. Jones, dated June 6, 2000 (4 pp.); Exh. No. 2 Ramsey County Court printout for case 62-K8-97-001563 (5 pp.); Exh. No. 3 Notice of Intent to Deny License Application, dated June 14, 2000, with Affidavit of Service (3 pp.); Exh. No. 4 Notice of Hearing, dated July 13, 2000, with Affidavit of Service (4 pp.). r}c7—`lS � Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code § 310.05 St. Paul Legislative Code § 310.06 St. Paul Legislative Code Chapter 376. Taxicabs vlinn. Stat. Chapter 364 Respectfully submitted this 17th day of August, 2000. ;�r ��"SC� Virginia . Palmer Assistant City Attomey Office of The City Attomey 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 OFFICE OF TFIE CITY ATTORNEy Cf¢y[on M. Robinson� Jr.� CiryACOrney 8C� CITY OF SAIi�tT PAUL Norm Co[em¢n, Mayor July 13, Z000 Mr. Willie B. Jones, 7z. 328 Birmingham Street Saint Paul, Minnesota 55106 - CiviZDivisiars 400 Ciry Hall IS West%llogg B[vd Saint Paul Minnesofa SSI01 NOTICE OF HEARING RE: Application for Tasicab Driver's License Our File Number: G00-0185 Deaz Mr. Jones: Telephnne: 657 266-8710 FacsfmHe: 651298-5619 �: c. cr� — � r � � T � r- ` r;- �J Please take notice that a hearin� will be held at the following time, date and place concerning your application for a taxicab driver's license: Aate: Thursday, August 17, 2000 Time: 9:30 a.m. Place: Room 42 St. Paul City Hail 15 W. Keliogg Blvd. St. Paui, MN. 55102 The hearing will be presided over by an Administrative Law 7udge from the State of Minnesota Office of Adaunistrative Hearings: Name: Telephone: Richard C. Lnis Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 612-349-2542 The Council of the City of Saint Paul has the authority to provide for hearings conceming licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- fI o —`� \ intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may inciude denial, revocarion, suspension, fines and other penalties or conditions. Evidence wili be presented to the jud�e which may lead to adverse action a�ainst your application for a tasicab driver's license as follows: On June 10,1997 you gled guilty to a felony charge of 5th Degree Possession of Cocaine. You have the right to be represented by an attomey before and during the hearing or you can represent yourself. You may aiso have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements ofMinnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under secrion 310.05 of the Saint Paul Legislative Code as may be applicable. ' At the hearing, the Administrative Law Judge will have all parties idenrify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any wiinesses or evidence it may wish to present, each ofwhom the City's attorney may cross-examine. The Administrative Law 7udge may in addition hear relevant and material testimony from persons not gresented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a speci6c recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of docuxnents in conformity with Minuesota Rules, part 1400.7000. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegarions against you which have been stated eazlier ix� this notice may be taken as true. If non- public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.6Q subdivision 2. Notice of Hearing - Page 2 c�o—e1S\ If you have any questions, you can call me at 266-8710. Very truly yours, (/ '+�-�4-=�J �� "e'� � Virginia D. Palmer Assistant City Attomey cc: Nancy Thomas, Office of Admuustrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Rich Jents, LIEP � Notice of Hearing - Page 3 RECElPT FOR APPL1CA710N o� -�tS � CITY OF SAiNT PAUL OFf1Cc OF LICEMSE, INSPECTIONS AND EM/IRONMINfAL PR07EC770N 350 SL Pefer SG Surte 300 SairRPaN, Minnemta 55f02 (651) 266-9090 far (651) 266-9124 Date of Application: Jun O6, 2000 Received From: 200000o2fi8a WfLL1E B JONES Jft WILLIE B JONES JR 328 BIRMINGi1AM ST ST PAUL MN 55'106 In application for: Taxicab Driver (Provisional) (1 ) Eff Date: Jun 06, 2000 - Exp Date: Jun O6, 200'I Lic Fee: $66.00 Amount Paid: $66.00 Total Due on this application $66.00 Ofher Fees Owed $0.00 Account Total Amount Oue 566.00 Amount Paid $66.00 Date Received Jun O6, 2000 Conhcts: Conditions: Project Facilitator: inspector(s): Requirements: Record Check Outstanding Account Baiance Due SO.00 ASUNCION, CORINNE This is not a License to oF� In Re the Taxicab Driver s icense ■ _ Application of Willie B. Jones _ Page t of 1 City s Exh. No. 1 • < ry�? - � �� 6c�—�s y TAXICAB DRIVER LICENSE APPLICATION THIS APPLICATION IS SUBJECT TO REVFEW BY THE PUBLIC PLEASE TYPE OR PRL'�IT IN INK LICE\TSES ARE NOT TRANSFERABLE PAYI�NT 4IUST SE RECEIVED WITH EACH APPLICATION APPLICA:\'T VNST BE PRESENT' TO APPLY CIT'Y OF SAII�7T PAUL Office of License, Inspecrions and &�vironmenW ProrecUOn 350 Sc PaerSC Sw�c 3Up =-:Me�+woQOa ss,oz (651) 2569090 :zx (6517 266-912C Applicant Infocmation: Name aad T$e. - �f� °�� rrC-� "`� -': � o rrc 5-`r - ;�''�: ` -` �.=_-,J �- ' _ - _ _ . Fiis[ Middle (Maiden) I.ast Ticte HomeAddzess: E�'��:j�i`fm,'.�=�i�'�..' . -.:.:°�::'_°i�av:.�?',:�.�"��°,..:°=..�.";�;��;-,=�.'�� -. - -. Sheet (Y, Name, Type, Direc[ion) City State Zip+4 MailToAddress(i£differentthanhomeaddzess): �r'nca5 a,��e- Street ('�, Name, Type, Direction) Ciry State Zip+4 x .- _ Home Phone: ( ,�'� ° `P'tti,:cF`. . - :;;:�.� DateofBirth :�f�<=�`� /:��.: PlaceofBirth: �'"'�`ss"tzs��"�'.� F"�` T `� � __ Driver's License # �..�°5°�-p=°°8-8�`i��:`zk$�»`:`.`��' --�°=�`. Exp. Date �� '�-. -�� -' Are you a citizen of the United States? �';�{ L`S:'' `' :'_'''�'=�"'=s'' If you are not a US resident, you must provide proof of wo�k authorization from the US Immigration and Naturalization Service. Name and Address of cab company you will be driving for Do you own or lease the cab you drive? � ta5 �- What is the lease rate you pay to operate the cab? ANY FALSIFTCATIOPI OF ANSWERS GIVEN OR MATERIAL SUBNIITTED WILL RESULT IN DEIVIAL OF THIS APPLICATION I hereby state that I have answered all of the preceding quesrions, and that the informarion contained herein is �ue and cocrect to the best of my knowledge and belief. I hereby state fureher that I have received no money or other considerarion, by way of loan, gift, contribution, or otherwise, other than aiready disclosed in the applicaaon which I herewith submitted. I also hereby state that Ihave read andunderstand the rules and regulaROns set forth in Chapter 376.16 (Taxicab Driver's License of the Saint Paul Legislative Code). Signahue (REQUIIZED for All applicants mu§t piesent Valid State of;IvEinnesc ��- ,�F'or dnvezs'with ai �,. ��She Deparhnent of `i p �� "�s . A"� id check"obtaini Theiecoidcheck; �.�<. .. �a,.. ' "" �ents, af 1 .3i z / .: C't �:. _ _ -�.�� s � E ate � � �:. Q ng record for`the last three (3J�ears frc ; `s. �,, :x � �� s :�" Y:,; ,;;, -� � -* '* _ r--. "`l�"N^��.s�� ' .- . TSnivexsity tivenue, 6�1 ; E42 0610. �vided at hme ofrequesC 'Ihefee is $8: ��.. ...�._,_.� .. -. f `_. .�.a.,_. _ mmt n909 Mi C � M¢ � i � �a � _ � e_.; , .ol� . . a " 9 - o 'Y -- .- _ -�� Z : � J y �J `� O � y - .¢ �� _ � � e _� _:�. ' �a - `� 1. "=- - - - ` — "': 'r � -r . _ r �� `„ y _ .;� �- L� -r " - '^" ^� ��a� • 3`-- ' - - � � �,O ' _ - � _ i ��+ ' ,� -!"'� - 3'- ^ - _ ' F � �'"` �.� � a�a�� _ - k . '�'L.l�a ��V � . - " - �:,—. � - �" =�.`-4%"�i.i- �- _ - � Lt ° „� x, _ � *��' � �,L� 1— ' � . .g "°_ - � - , - Y7 �. . V , . m �.e. _� �� . - . . - _ . � � . 5� : �K = "." - . � -, ___ ' -. �q - . (,�' " `� F4' . _ � " g � ��'i'� �y- � - - � � �a�=.' �^3`TF ��` �- . b'^. �� - � , Q V� [ M �� p � �' � �' � 1:��` -� c � M . '� �_ - .�, -. �, � -. � � - "� � , � -LL � � ��- -�" ti - � � � '� _ 7�'�, . �� t� -;�^, � ` � ` � �q E�s. ±_ , �• ��= 4 ,�- � �� '(jJ`�`� �� V�-�m � � �YCI � t�S .. � ,� C YO T� ' � . ' W �- cbi xY�.' AY T . . . V ~ �� . 4 � • �- a $ W� �, . 9��L� _..2 . f o T/�� " 4 -�s � ' a � %�` '�:" "�� j h � - �s � f 5 E , ..7 �.. . . . fl �»��.'�.__, h �� - ! ^t ` .f.aE� � "�*-�a`°" u '3, � - . ' � ' "`eCn��'� �'F'tb"+m�'r"�v^,�tL'"'�•,�'�^.c a.n-R-" ,�i� � :�e.� �^� � rr . :. 'Y ' . � .. ,. 2 } ° _ F. � F1 �. - �.}�� { d ;� . � Sµ-..l� t eyd �YL.. ..na _.6:- 1 ,..v. .�r'f. . ��_.. . _ `, � ' . � �. ��-, ..a._ .. .._ .. .. ?, � M - _.«�:.t'a`k....�y� 4.. W Y, ' - �` �3f: t�e �,�:"= G7,-..>....s�:� {r .F.._ � �,,;,.. :: „ �, .� y � ., d ..1w F^' C�'�"1= 'N. � ��.� h'!•7 - :.. �—� �..�'° Cr r„_ :':.� � � __� s y � �'�' _ y. r- �},� �� t' CJ _ . . [ ,... _ ,..-� F��u� uX�� -.�', � .+ ' +.r - , _ ' � , 4 .`.,�," :a:._ V �.. �:., .Y L`y _ -^:�w: Y,� . . y'_ C-: -e �' =<``�• .; S � �, -��-.� .:� � �� .< > � oa—�s` � m � � N a _� � W o� �' G ' QQ g '. � w2`! rN < mfl Q , n� �¢ � W�� . � !� J Z p O �i � m m� � }it.r1N 3 : - --- -� Criminal Case Summary SD1008.0/000811:124937 bt� —`LS � 62-K8-97-001563 FelonV Date filed• OS/14/1 Name: JONES, WILLIE BERL, [040797] Alias: DOB: 02/09/1968 Race: Black Sex: Male Soc Sec # 425279488 D£nt Attrny: THOMAS LAWRENCE DONOHUE Type: Public Def Dfnt Status: Own Recog Status Date: 09/14/1998 Bail Amount: Case Status CIASED Offense Date: 04/07/1997 Warrant Date: I,ocation: 1 Continuances: 0 Tria1 Type: Jurisdiction: District CCT Plea Charge Chap/Sect/SUbd GOC UOC Verdict 001 GUILTY POSS COCAINE 5TH DGR 152.025 21 N DH5A0 Convicte Date Last 10/30/1998 Pending O1/21/2003 Activity Time Judge Transcript 2:09 Archive CRT Disposition Date Next FC_ 04 06 OS 10 � n e t e axica r�� ice'L' nse —■ _ Application of Willie B. Jones _ City s Exh. No. 2 SD1009.0/000811:124954 Criminal Sentencing Inquiry Last 62-K8-97-001563 Felonv Date filed• 05/14/1 Defendant: JONES, WILLIE BERL, [040797] SENTENCING: Date-07/21/1997 Judge-03515G Stay Imposition: 0 �_� S; COUNTS: 001 SENTENCE Year Mos Davs Pronounced 17 _ Probation 5 Conditional Lenqth of Stav 5 Fined S 3075.00 Surcharge $ 0.00 Costs $ 0.00 Public Def. S 0.00 Restitution S 0.00 Recipient: DL Suspend: School COMMENTS: 9-14-98 PV 45 Con£inement NCIC: MN062023C Probation NCIC: MN062013G Type: S Residential Treatment: Stayed S 3000.00 Concurrent Consecutive Other Court Provisions: This other Cmpint Cmpint Reinstated: Alchl Assess: $ : Date- Waived ADMIT,J.COHEN-CONT PROB SAME T/C,$300/SAVE,FEES WVD,CHEM DEP UPDATE,AA WEEKLY,TX PER PO,OBTAIN AA SPONSOR Next FC_ O1 02 03 06 07 08 09 12 SD2005.0/000614:100422 Activity Display gi 62-K8-97-001563 Felonv Date filed• 05/14/1 The State of Minnesota vs. WILLIE BERL JONES, f0407971 � O-�Sl Time Status Crt In- Tr- Continu Date Activity Start/End Judge Notice Room trp ied SrvcDa _ 05/14/97 Case Filed 1I:39/11:39 OCC/ CPLT FILED AS WARRANT BS @$2,000 KMS 05/14/97 Warrant 11:39/ G Shumaker OCC/ SP CPLT FILED AS WARRANT BS @$2,000 _ 05/14/97 Warrant 11:39/ G Shumaker OCC/ SP WARRANT SENT TO SHERIFFS OFFICE KMS 06/O1/07 Warr Rvw / CAN/ CPLT FILED AS WARRANT BS @$2,OQ0 _ 05/20/97 War Retd o8:19/ OCC/ DFD ARR WAR #973876; FA 5/20/97 1:30PM ADC RC 05/20J97 lst Distrt 01:30/ L Cohen OCC/ SP CUS DFD ARR WAR #973876 1ST APP ADC _ 05/20/97 lst Distrt 01:30/ L Cohen OCC/ SP PD APPTD NP FO 6/3/97 1PM ADC BSA $500 AMP 06/03/97 Omnibus 01:00/ G Shumaker OCC/ SP CUS NP FO ADC _ 06/03/97 Omnibus 01:00/ G Shumaker OCC/ SP PCF PNG CONTESTED OH 6/24/97 1:30 COHEN BAIL MOTION DENIE AMP 06/24/97 Cntsted OH 01:30/ L Cohen CAN/ SP CUS PNG CONTESTED OH COHEN _ 06/03/97 Doc. Filed 04:51/ OCC/ RULE 7& 9 DISCLOSURE FILED BY STATE AMP _ 06/03/97 Order 04:52/ OCC/ ORDER SETTING DISPOSITIONAL CONFERENCE AMP _ 06/03/97 Doc. Filed 04:54/ OCC/ OMNIBUS NOTICE, REQUEST FOR DISCLOSURE AND MOTION AMP _ 06/05/97 Doc. Filed 09:03/ OCC/ DISCLOSURE OF WITNESSES PP _ 06/05/97 Clerical 12:00/ OCC/ OH-2 STRICKEN - ADV FOR PLEA HRG 6-10-97 8:30 COHEN 1240 PER CHRISTINE-LC J. COHEN EAN 06/10/97 Hearing 08:30/ L Cohen CAN/ 1240 CUS PLEA HRG - ADV FRQM 6-24-97 OH-2 CQHEN _ 06/06/97 Doc. Filed 01:52/ OCC/ NOTICE OF CONTESTED OMNIBUS HEARING PP _ 06/06/97 Correspond 01:53/ OCC/ LETTER FROM THOMAS L DONOHUE TO C7ALISA MCKINNEY PP _ 06/10/97 Plea Hrng 08:30/ L Cohen OCC/ SP PG AS CHGD,POSS COCAI23E-5TH� FC PSI/S23T 7-21-97 AT 1:30PM J.COHEN,ROOM 1240. DEF RELEASED CR/PR PKW 07/21/97 Pre-sntlnv 09:57/ OCC/ 07/21/97 Sentencing 01:30/ L Cohen OCC/ 1240 CR/PR-PG AS CHGD-PSI/SNT,J.COHEN,ROOM 1240 _ 06/10/97 Doc. Filed 09:50/ OCC/ FELONY GUILTY PLEA-PETITION FILED PKW _ 06/24/97 Order 03:59/ OCC/ ORDER OF CONDITIONAL RELEASES JJW _ 07/21/97 Pre-sntInv 09:57/ OCC/ _ 07/21/97 AuditorPas 10:24/ OCC/ WILLIE BERL JONES WAS FOUND GUILTY OF A FELONY 7/21/97 "PO5S COCAINE 5TH DEGREE" D.O.B 2/9/68; PM _ 07/21/97 Sentencing 01:30/ L Cohen OCC/ 1240 COFC 17MOS &$3000 STY EX TO PROB 5YRS CND;1)SRV 45DYS-CR 2)USL TC PB;3)CE/CMPL;4)ABSTN;5)UA�S/BRTA6)ED/VOC COUN;7) CC;$3000 MAY BE REDUCED BY $300 W/CLEAN UA�S;P/A;TSI 8/4; O1/21/03 Archive / CAN/ _ 07/21/97 Clerical 02:50/ OCC/ FINE MGR DEFT TO PAY BY 8/4 MD �� _� 1 08/04/97 Sp ACCt Rv / CAN/ P/A MD _ o�/2i/9� ciosea os:oo/ occ/ Next FC_ Ol 02 03 04 06 10 11 12 'S SD2005.0/000614:I00450 Activity Display Co 62-K8-97-001563 Felonv Date filed• 05/14/1 The State of Minnesota vs. WILLIE BERL JONES, f040797] �� Time Status Crt In- Tr- Continu Date Activity Start/End Judge Notice Room trp ied SrvcDa _ 08/05/97 Pd in Fu11 01:18/ OCC/ 75 CASH JRM _ 10/24/97 Transcript 12:05/ OCC/ TRANSCRIPT OF PLEA FILED LH _ 11/24/97 Transcript 01:55/ OCC/ TRANSCRIPT OF SENTENCING FILED LHF3 _ 08/20/98 Warrant 02:58/ L Cohen OCC/ PV FILED BY JEFF MARTIN; FT COMPLETE EX CARE CHEM PRG AT TWIN TOWN; FT ABSTAIN FROM DRUGS KAB 09/01/08 Warr Rvw / L Cohen CAN/ SP/PV; FT COMP TWIN TOWN PRG; ABSTAIN ARC 1-21-03 _ 09J09/98 war xeta ii:3o� occ/ DEFT ARRESTED ON PV WARR - PER PO: JEFF MARTIN SET FOR PV HRG 9-14-98 1:30PM COHEN SAB 09/14/98 Revoc Hrg 01:31/ L Cohen OCC/ CH CUS PV IiRG PO; JEFF MARTIN ARC 1-21-03 _ 09/14/98 Revoc Hrg 01:31/ L Cohen OCC/ CH PV ADMIT-CONT PROB SAME TERMS/CONDS,CR 7DYS,CHEM EVAL UPDATE,AA WEERLY,TREATMENT PER PO,OBTAIN AA SPONSOR p�7 01/21/03 Archive / 09/14/98 Closed 05:30/ 10/30/98 Transcript 02:09/ TRANSCRIPT OF PROB VIOL HRG PEN/ OCC/ OCC/ OF 9/14/98 FILED LHH � OFFICE �' THE CITY ATTORNEY � � ClaytonM... .nson.la,CiryAltorney CITY OF SA1NT PAUL Norm Colem¢n, Mayor June 14, 2000 CivilDivision 400 Ciry Hal[ li Wur Kellogg Btvd. Saint Pnul, Minnesota 55/.02 NOTICE OF INTENT TO DEi�iY LICEN5E APPLICATION Mr. Willie B. Jones, Jr. 328 Birmingham Street Saint Paul, Minnesota 55106 _. RE: Application for Taxicab Driver's License Dear Mr. 7ones: �O--�LS � Telephone: 651166-8710 Facsimile: 65! 298-i6l9 m The Office of License, Inspecrions and Environmental Protection has recommended denial of your appiication for a taxicab driver's license. The recommendation is based on the following: On June 10,1997 you pled guilty to a felony charge of 5` Degree Possession of Cocaine. Saint Paul Legislative Code. § 376.16(e)(4) states that to be eligible to operate a taxicab an applicant must have no felony convictions in the last five yeazs and no non-traffic gross misdemeanor or misdemeanor convictions in the last three yeazs involving the use or threat of use of force, possession or sale of a controlled substance, prostitution or indecent conduct. If you do not dispute the above facts, you may withdraw your application at this time. Alternatively, if you do not dispute the above facts, but wish to have a hearing in front of the Saint Paul City Council to dispute the recommended denial of your license application, you wili need to send me a letter admitting the violation and requesting a public hearing. The matter will then be scheduled for a public hearing before the City Council to determine the disposition of your license application. You will have an opportunity to appear and speak on your own behalf, or to have someone appear there for you. • n e t e axica river s icense � _ Application of Willie B. Jones _ City s Exh. No. 3 " Pa�e 2 Mr. Willie B. Jones, Jr. June 14, 2000 p0-RS� On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearin� before an Admuristrative Law Jud�e (AL�. If you wish to have such a hearing, please send me a letter stating that you aze contesting the facts. You will then be sent a"Notice of Hearin�," so you will laiow when and where to appeaz, and what the basis for the hearin� will be. If you have not contacted me by Monday, June 26, 2000, I will assume that you are not contesting the facts and wili schedule this matter for the St. Paul City Council and have it placed on the Consent Agenda during which no public discussion is allowed and the recommended deniai of your license application will be imposed. If you have any questions, feel free to contact me at 266-8710. Sincerely, _ (/ ��-- � Virginia D. Palmer Assistant City Attomey cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Rich Jents, LIEP �O—`ls� STATE OF MINNESOTA COUNTY OF RAMSEY ss. AFFIDAVIT OF SEI2VICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on June la, 2000, she served the attached NOTICE OF INTENT TO DENY LICENSE APPLICATION upon the following named person placing a true and correct copy thereof in an envelope addressed as follows: Mr. Wi11ie B. Jones, Jr. 328 Birmingham Street St. Paul, MN. 55106 (which is the last known address of said person? and depositing the same, with postage prepaid, in the United States mails at St. Pau1, Minnesota. �1 !, „ �. � Subscribed and sworn to before me this 14th da,sr Su�l. 24@9 _ /� / %�ty �:'� PETER P. PANG80RN Notary PUb11C �TA��jMM1881UN�TA � EXP1ftE� JAN.31. 20fJ'S OFFICE ^F THE CTTY ATTORNEy C[aylon tt. �insott� Jc� CityAttorney CITY OF SAINT PAUL Norm Coleman, Mayor July 13, 2000 Mr. Willie B. Jones, Jr. 328 Bimungham Street Saint Paul, Minnesota 55106 CivII Division 400 City Hal1 IS West Kellogg B[vb Saint Paul, Minnesata 55101 NOTICE OF HEARING RE: Application for Taxicab Driver's License Our File Number: G00-0185 Deaz Mr. Jones: ��— ls� Te[ephone: 657 266-8710 Facsimile: 657198-5619 Please take notice that a hearing will be held at the following time, date and place conceming your application for a taacicab driver's license: Date: Time: Place: Thursday, August 17, 2000 9:30 a.m. Room 42 St. Paui City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Adminislrative Hearings: Name: Telephone: Richard C. Luis Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 612-349-2542 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action againsT such licenses, under Chapter 310, includin� sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- � n e ie anca rrver s icense � _ Application of Willie B. Jones _ City s Exh. No. 4 ,intoxicating liquor, authority ,s also conveyed by Minnesota Statutes �ection 340A.415. Adverse action may include denial, revocation, suspension, fines and other penalties or conditions. O l Evidence wili be presented to the judge which may lead to adverse action against your application for a taYicab driver's license as foliows: On June 10, 1997 you pled guiity to a felony charge of 5 Degree Possession of Cocaine. You have the right to be represented by an attomey before and during the hearing or you can represent yourself. You may aiso have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. ' At the hearing, the Administrative Law Judge will have ail parties identify themselves forthe record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each ofwhom the City's attomey may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge wiil prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in confomuty with Minnesota Rules, part 1400.7000. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Adminislzative Law Judge for incorporation into his or her recommer_dation for Council action. If you fail to appear at the hearing, �our ability to challenge the aliegations will be forfeited and the allegations against you which have been stated eazlier in this notice may be taken as true. If non- public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Notice of Hearing - Page 2 If you have any questions, you can call me at 266-8710. Very truly yours, � �� Virginia D. Palmer Assistant City Attomey 00—rls 1 cc: Nancy Thomas, Office of Administrative Hearin�s, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Rich Jents, LIEP � Notice of Fiearing - Page 3 ��—°�5\ STATE OF MINNESOTA ) ) ss_ COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLE�IENTS, being first duly sworn, deposes and says that on July la, 2000, she served the attached NOTICE OF N_EAKING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Willie B_ Jones, Jr. 328 Birmingham Street St. Paul, MN. 55106 (which is the last known address of said person) and depositing the same, with postage prepaid, in the Unit tes mails at�,.S�t��aul, Minnesota. /l /1 lT CLEMENTS Subscribed and sworn to before me this 14th da�lof �3jy, 2000. PETER P. PANGBORPa NOTAAY PUBtJC - M1NNP�> �. Notary P ic •' IRESJAN.3" ',.;!:i STATE OF MINNESOTA OFEICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesoia 55401-2738 September 6, 2000 Fred Owusu City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, MN 55102 P., �rrri�lED SEP o 7 20gp CITY �� RE: In the Matter of the Taxicab Driver's License Application of Willie B. Jones, Jr.; OAH Docket No. 7-2111-13017-3 Dear Mr. Owusu: r>6 - 9s� Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions and Recommendation in the above- entitled matter. Also enclosed is the official record. Our file in this matter is now being closed. Very truly yours, RIC RD C. LUIS Administrative Law Judge Telep hone: 612/349-2542 RCL:aws Enclosures cc: Virginia D. Palmer Willie B. Jones, Jr. Providing Impartia( Hearings for Government and Citizens An Eaual Opportunitv Emplover Administrative Law Section & Administrative Services (612) 341-7600 �TTY No. (612) 341-7346� Fax No. (612) 349-2665 bd'�S STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) AFFIDAVIT OF SERVICE BY U.S. MAIL Debra S. Aws, being first duly sworn, hereby deposes and says that on the 6th day of September, 2000, at the City of Minneapolis, county and state aforementioned, she served the attached Findings of Fact, Conclusions of Law and Recommendation; Docket No. 7-2111-13017-3 by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid and addressed to the individuals named herein. Fred Owusu City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, MN 55102 Virginia D. Palmer Assistant City Attorney Office of the City Attorney 400 City Hall 15 W. Kellogg Blvd. St. Paul, MN 55102 Mr. �Ilie B. Jones, Jr. 328 Birmingham Street Saint Paul, Minnesota 55106 Subscribed and sworn to before me this �`� day of September 2000. / 1 � CzU@� vs��-,-, Notary Public # :� `"" ' LsVON REGAN �.- , No+�nrw�c.�� MY C�IMISSION EXPIRES S e �iM�i J�V�Y 3�� PI. C..G� Debra S. Aws D �,�� 7-2111-13017-2 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE SAINT PAUL CITY COUNCIL In the Matter of the Taxicab Drive�s License Application of Willie B. Jones, Jr. FINDINGS OF FACT. CONCLUSIONS AND RECOMMENDATION The above-entitled matter came on for hearing before Administrative Law Judge (ALJ) Richard C. Luis on August 17, 2000 in Room 42 of the Saint Paul City Hall, 15 W. Kellogg Blvd., St. Paul, MN. The record closed at the conclusion of the hearing on August 17. Virginia D. Palmer, Assistant City Attorney, Office of the City Attorney, 400 City Hall, 15 W. Kellogg Blvd., St. Paul, MIV 55102, appeared on behalf of the Office of Licenses, Inspections and Environmental Protection of the City of Saint Paul (City, LIEP). There was no appearance by or on behalf of Willie B. Jones, Jr. (Applicant). NOTICE This Report contains a recommendation, not a final decision. The Saint Paul City Council will make the final decision in this matter after a review of the record. The Council may adopt, reject, or modify the Findings of Fact, Conclusions and Recommendation made herein. Pursuant to § 310.05 of the St. Paul Legislative Code, the Council's final decision shall not be made until this Report has been made available to the parties and the Applicant has been provided an opportunity to present oral or written argument alleging error on the part of the Administrative Law Judge in the application of the law or the interpretation of the facts, and an opportunity to present argument relating to any recommended adverse action. The Applicant should contact the Offices of the Saint Paul City Council, 310 City Hall, St. Paul, MN, 55112, to ascertain the procedure for presenting argumeni to the Council. STATEMENT OF ISSUE Whether the recommendation of the St. Paul Office of Licenses, Inspections and Environmental Protection to deny a Taxicab Driver's License to Willie B. Jones, Jr. because of his felony conviction for possession of cocaine within the last five years should be affirmed. Based upon all of the proceedings herein, the Administrative Law Judge makes the following: D b,RSi FINDINGS OF FACT 1. A Notice of Hearing was issued in this matter on Ju1y 13, 2000. The Notice set a hearing for 9:30 a.m. Thursday, August 17, 2000 at Room 42 of the Saint Paul City Hall, 15 W. Kellogg Blvd., St. Paul, Minnesota. The Notice was mailed to the ApplicanYs last known address — 328 Birmingham Street, St. Paul, MN, 55106. 2. Wiflie B. Jones, Jr. did not appear at the hearing. He did not contact the Administrative Law Judge, the Office of the City Attorney or the Office of Licenses, Inspections and Environmental Protection to request a continuance. 3. The Notice of Hearing issued to the Applicant on June 13, 2000 stated, in relevant part, on page 2: "If you fail to appear at the Hearing your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this Notice may be taken as true." The Notice contained the following allegation, on page 2: "On June 10, 1997 you pled guilty to a felony charge of 5tn Degree Possession of Cocaine." 4. A Ramsey County District Court printout for Case 62-K8-97-001563, admitted at the hearing as Exhibit 2, indicates that Willie B. Jones, Jr. pled guilty on June 10, 1997 to a violation of Minn. Stat. § 152.025 (Fifth Degree Possession of a Controlled Substance). Violation of that statute is punishable by imprisonment up to 5 years, and is a felony. On July 21, 1997, the Applicant was sentenced to 17 months' confinement and 5 years' probation as a result of the conviction. 5. Mr. Jones applied for ficensure as a taxicab driver with the City's O�ce of License, Inspections and Environmental Protection on June 6, 2000. In connection with that application process, the LIEP obtained authorization to check Mr. Jones's records from the Minnesota Bureau of Criminal Apprehension. That record check resulted in the information noted above regarding Mr. Jones's felony conviction for possession of cocaine. 6. As a result of his failure to appear at the hearing on August 17, Mr. Jones is in default. As a result of that default, he has forfeited his ability to challenge the allegations against him specified in the Notice of Hearing, which resulted in the Recommendation to deny his license application, and the allegations specified against him in the Notice of Hearing may be taken as true. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: ��'�'� CONCLUSIONS 1. The Administrative Law Judge and the Saint Paul City Council have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and § 310.05 of the Saint Paul Legislative Code. 2. The Hearing was conducted in accordance with the requirements of Minn. Stat. §§ 14.57 to 14.62 and applicable portions of the procedures set forth in § 310.05 of the Saint Paul Legislative Code. 3. The City has given proper notice of the hearing in this matter and has fulfilled all relevant, substantive and procedural requirements of law and rule. 4. By failing to appear at the scheduled hearing, the Applicant is in default. As a result, the allegations noted in the Notice of Hearing are taken as true. Under § 376.16(e)(4) of the Saint Paul Legislative Code, the ApplicanYs conviction of Fifth Degree Felony Possession of Cocaine on June 10, 1997 disqualifies him from the operation of a taxicab in the City of Saint Paul, and from receiving a license for such operation for a period of five years after the conviction. As a result, it is appropriate to deny Mr. Jones's current application for a taxicab driver's license. 5. Minn. Stat. Chapter 364 allows licensing authorities to consider the rehabilitation and present fitness of criminal offenders in deciding on whether an occupational license should be granted. There is no evidence of rehabilitation or of mental/emotional fitness on the part of the Applicant. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS RECOMMENDED that the Saint Paul City Council DENY the application of Willie B. Jones, Jr. for a Taxicab Driver's License. Dated this � day of September, 2000. �� - RICHAR C. LUIS Administrative Law Judge Reported: Default � 1 No It is requested that the City of Saint Paul serve its final decision in this matter upon the Administrative Law Judge by first class mail. �' OFFICE OF ADNIINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In Re the TaYicab Driver's License Application of Willie B. Jones CITY'S PROPOSED EXI3IBITS August 17, 2000 ��"�`'� TO: Judge Richazd C. Luis, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Squaze, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list ofthe City's proposed exhibits for the Administrative Hearing on August 17, 2000. Exhibit No. Exh. No. 1 Exh. No. 2 Exh. No. 3 Description Taacicab Driver's License Application submitted by Willie B. Jones, dated June 6, 2000 (4 pp.); Ramsey County Court printout for case 62-K8-97-001563 (5 pp.); Notice of Intent to Deny License Application, dated June 14, 2000, with Affidavit of Service (3 pp.); E�. No. 4 Notice of Hearing, dated July 13, 2000, with Affidavit of Service (4 pp.). � Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code § 310.05 St. Paul Legislative Code § 310.06 St. Paul Legislative Code Chapter 376. Taacicabs Minn. Stat. Chapter 364 Respectfully submitted this 1 �th day of August, 2000. Virginia . Palmer Assistant City Attorney Office of The City Attomey 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 �b-�.� 1 OFFICE OF THE CITY ATTORNEY �)� l Clayton M. Robinsors, Jr., CityAaorney � 1i ( CITY OF SAINT PAUL Narm Colerrsan, Mayor - CivilDivisian 400 Ciiy Hall 15 West%I[ogg Blvd Sairst Pau[, Minnesata 55702 Zelephone: 657 266-8710 Faa'imile: 657 29&5679 7uly 13, 2000 NOTICE OF HEARING Mr. Willie B. Jones, Jr. 328 Birmingham Street Saint Paul, Minnesota 55106 RE: Applicarion for Tasicab Driver's License Our File Number: G00-0185 m- ? : C � cn — 0 � c � 0 a �: � r,: � r; ; G Dear Mr. Jones: Please take notice that a hearing will be heid at the following time, date and place concerning your application for a taxicab driver's license: Date: Thursday, August 17, 2000 Time: 9:30 a.m. Place: Room 42 St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Richard C. Luis Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-349-2542 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310-OS and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- intoxicating liquor, authority is also conveyed by Minnesota Statutes secfion 340A.415. Adverse� action may include denial, revocation, suspension, fines and other penalties or conditions. Evidence wili be presented to the judge which may lead to ativerse action against your application for a ta�cicab driver's license as follows: On June 10,1997 you pled guilty to a felony charge of 5` Degree Possession of Cocaine. You have the right to be represented by an attomey before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing wiil be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. � At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attomey may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each ofwhom the City's attorney may cross-examine. The Administrarive Law Judge may in addition hear relevant and materiai testimony from persons not presented as witnesses by either party who have a substanrial interest in the outcome of the proceeding; for example, the owners or occupants of properiy located in close proxnnity to the licensed premises may have substantial interest in the outcome of the proceeding. Conciuding azguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conciusions of Law, and a specific recommendarion for action to be taken by the City Council. You should bring to the hearing ali documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incoxporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations wili be forfeited and the ailegations against you which have been stated earlier in this notice may be taken as true. If non- public data is received into evidence at the hearing, it may become public unless objecrion is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Notice of Hearing - Page 2 Tf you have any quesrions, you can call me at 266-8710. �o�`�� V ery truly yours, v � �� Virginia D. Palmer Assistant City Attomey cc: Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, DirecTor, LIEP Christine Rozek, LTEP Rich Jents, LIEP � Notice of Hearing - Page 3 . `. _ i� RECEIPT FOR APPLICATION Date of Application: Jun O6, 2000 Received From: 20000002688 WILLIE B JONES JR WILLIE B JONES JR 328 BIRMINGHAM ST ST PAUL MN 55106 In appiication for: Ta�ciqb Driver (Provisional) ( t) Eff Date: Jun 06, 2000 - Eup Date: Jun O6, 2001 Lic Fee: Total Due on this applicatian $66.00 Other Fees Owed $0.00 Account Total Amount Due $66.00 Amount Paid $s6.o0 Date Received Jun 06, 2000 Outstanding Account Balance Due 50.00 ConWcts: Conditions: Project PaciliWtor: ASUNCION, CORINNE Inspector(s): Requirements: Record Check CITY OF SAINT PAUL � ��I OFFlCE OF LICENSE, INSPECTIONS ANO ENVIRONMENTAL PROTECTION 350 SG Pe}er SL Suite 300 Saiirt Pau( btinnesoFa 55102 (651) 266-9090 fic (65]) 266-9724 $66.00 Amount Paid: $66.00 This is not a License to oK� In Re the Taxicab river s icense ■ _ Application of Willie B. Jones _ Page t of 1 City s Exh. No. 1 � - • �r`�� -- � �° _.� :: �:\I ' LICENSE APPLICATION THIS APPLICATION IS SilBJEGT TO REVIEW BY Tf� PUBLIC PLEASE TYPE OR PRINT IN INK LICENSES ARE NOT TRANSFERABLE PAYMENT MiJST BE RECEIVED WITH EACH APPLICATION APPLICANT MUST BE PRESENT TO APPLY b-�.�� CITY OF SAINT PAUL Office ofLicense, Inspections and Environmenial Protecuon 350 Sc Paa Sc Swrc 3W s� eaw, �� ss�oz (651) 2669090 faz (651) 266-91]A Applicant InformaROn: �'; ��lYt�': v . .s— •-i _ z« - .',; Name and Title: ��i�t�C � �� ` "''`'`�'� Fis[ Middle (Maiden) Iast Ti[le 4*xr*�..,.�. J; c.. z .s3 . �i��'�`��d�L �'YA/!i �....; + � .' � 5 � :3, ��.�.�+..'^^� - 5��..� ^ ' Home Address� �' �� '�` Y � Street (tf, Name, Type, Direction) Ciry State Zip+4 Mail To Address (if different than home address): �-rn�. a S c.��/e- Street (#, Name, Type, Direction) Ciry State Zip+4 Home Phone: �`"��%��?'=�� Date of Birth �`+��1:�'�;'!:'� ` Place of Birth ��'`s��..�p��" �� `� �� -. �� Driver's License # �^'�`��w� ��r'-��"��'�"�� Exp. Date �� b�� , =�"`�"' � Are you a ciazen of the United States? �=�Y� ;�>�+'� `` -":�_� �"==�`'' If you are not a US resident, you must provide proof of work authorization from the US Immigration and 1Vaturalization Service. Name and Address of cab company you will be driving For Do you own or lease the cab you drive? �C45-<-- What is the lease rate you pay to operate the cab? APiY FALSIFICATION OF ANSR'ERS GIVEN OR MATERIAI. SUBMITTED WII.L RESULT IN DEriIAL OF THIS APPLICATION I hereby state that I have answered all of the preceding questions, and that the information contained herein is true and cosect to the best of my knowledge and belie£ I hereby state further that I have received no money or other considerarion, by way of loan, gi8, contribution, or otherwise, other than akeady disclosed in the application which I herewith submitted. I also hereby state that I have read and understand the rules and regulations set forth in Chapter 376.16 (Taxicab Driver's License of the Saint Paul Legisiative Code). SignaNre (REQUIl2ED for Alt ; _ �'� `' . ..... is $8. 02/OUI999 .. - _� Y = ;,, f r-' r _� ��' :: � � �.: O J� Y �� t o�� -�r t�, � , ,�. �. .� yY5 � .. � � �'9 �� 'F' ��r.- ,_�� r �� @ �� r?� ", k' S u f�? � � �=:_. - _ � �?-�r� l - �s , F N L ~ ,��a "€ cssr - ' (� ' - �" � t _ .�� - '3- ,_ - r.� � l T"\ T}.�. _ - � $ � � - F �� ...�,_� __ - -. p.,�;LL j,.� -" ' � w �_ ,�t � V°�� fi�. � .# . - , t4' £ �1 �� ' � � . . . � °�`�� - � _ �` �.� - :�„ �� ,. .� av/�^Q � :t",a-.�"` LJ "_ y � �„, xw� .^s. � � . .. � _ fl— � . - "i.� . Yr._e . �; � . y _. ._,�. �� , � : �'- .,;,' > � r i _ �[. R 'v ` J �(� � �4 4� � R� l + m ....a �'ri k` . .r . . . .. ..��. .. "- � j,:. - ,,. ^ `'p� ; v?�..... . �- M �- � '�'u � � �` y � ^ � � '� - L�+'h.;,v"!`-� 4 '. . � tf -.�r4 '- M: v : �'iA� . W".�:C�;.. '��`•- Ms K�.� � C" - �: � � r� �- � ''eC � :� _ y '�'� . � f"' W : . c �.� ....,_.. � "_ " � �:`� a_� p ,_. �:,::;?as �_.':; _ :�-..��.��.;� _ oU'�`�� m 9 , a= � W °� a p=� � . w3� � WQ� 4 . j0a � . 3�a 3 ` — ---- � . C ; --- — SD1008.0/000811:124937 Criminal Case Summary �b��' 62-K8-97-001563 Felony Date filed: 05/14/1 Name: JONES, WILLIE BERL, [040797] Alias: DOB: 02/09/1968 Race: Black Sex: Male Soc Sec # 426279488 Dfnt Attrny: THOMAS LAWRENCE DONOHUE Type: Public Def Dfnt Status: Own Recog Status Date: 09/14/1998 Bail Amount: Case Status CLOSED Offense Date: 04/07/1997 Warrant Date: Location: 1 Continuances: 0 Trial Type: Jurisdiction: District CCT PZea Charge Chap/Sect/Subd GOC UOC Verdict 001 GUILTY POSS COCAINE 5TH DGR 152.025 21 N DH5A0 Convicte Date Last 10/30/1998 Pending 01/21/2003 Activity Time Judge Transcript 2:09 Archive CRT Disposition Date Next FC_ 04 06 08 10 � � n e e axica r►ver s►cense _ Application of Willie B. Jones _ City s Exh. No. 2 SD1009.0/000811:124954 Criminal Sentencing Inquiry Last 62-K8-97-001563 Felonv Date filed: 05 14/1 Defendant: JONES, WILLIE BERL, [040797] � `� SENTENCING: Date-07/21/1997 Judge-03515G Stay Imposition: �� COUNTS; 001 � SENTENCE Year Mos Davs Pronounced 17 _ Probation 5 Conditional Lenc�th of Stav 5 Fined S 3075.00 Surcharge S 0.00 Costs S 0.00 Public De£. S 0.00 Restitution S 0.00 Recipient: DL Suspend: Sehool COMMENTS: 9-14-98 WVD,CHE Next 45 Confinement NCIC: MN062023C Probation NCIC: MN062013G Type: S Residential Treatment: Staved S 3000.00 Concurrent Consecutive This Other Cmpint Cmolnt Other Court Provisions: Reinstated: : Date- PV ADMIT,J.COHEN-CONT PROB M DEP UPDATE,AA WEEKLY,TX FC_ OZ 02 03 Alchl Assess: $ Waived SAME T/C,$300/SAVE,FEES PER PO,OBTAIN AA SPONSOR 06 07 O8 09 12 SD2005.0/000614:100422 Activity Display Fi 62-K8-97-001563 Felony Date filed: 05j14/1 The State of Minnesota �,� ri ! Date _ 05/14/97 05/14/97 _ 05/14/97 06/O1/07 _ 05/20/97 05/20/97 _ 05/20/97 06/03/97 _ 06/03/97 06/24/97 � 06/03/97 _ 06/03/97 _ 06/03/97 _ 06/05/97 _ 06/05/97 06/10/97 _ 06/06/97 _ 06/06/97 _ 06/1Q/97 07/21/97 Q7/21/97 _ 06/10/97 _ 06/24/97 _ 07/21/97 _ 07/21/9� _ 07/21/97 Time Status Crt In- Tr- Continu Activity Start/End Judge Notice Room trp ied SrvcDa Case Filed 11:39/11:39 OCC/ CPLT FILED AS WARRANT BS @$2,000 KMS Warrant 11:39/ G Shumaker OCC/ SP CPLT FILED AS WARRANT BS @$2,000 Warrant 11:39/ G Shumaker OCC/ SP WARRANT SENT TO SHERIFFS OFFICE KMS Warr Rvw / CAN/ CPLT FILED AS WARRANT BS @$2,000 War Retd 08:19/ OCC/ DFD ARR WAR #973876; FA 5/20/97 1:30PM ADC RC 1st Distrt 01:30/ L Cohen OCC/ SP CUS DFD Al2R WAR #973876 1ST APP ADC lst Distrt 01:30/ L Cohen OCC/ SP PD APPTD NP FO 6/3/97 1PM ADC BSA $500 AMP Omnibus 01:00/ G Shumaker OCC/ SP CUS NP FO ADC Omnibus 01:00/ G Shumaker OCC/ SP PCF PNG CONTESTED OH 6/24/97 1:30 COFTEN BAIL MOTION DENIE AMP Cntsted OH 01:30/ L Cohen CAN/ SP CUS PNG CONTESTED OH COHEN Doc. Filed 04:51/ OCC/ RULE 7& 9 DISCLOSURE FILED BY STATE AMP Order 04:52/ OCC/ ORDER SfiTTING DISPOSITIONAL CONFERENCE AMP Doc. Filed 04:54/ OCC/ OMNIBUS NOTICE, REQUEST FOR DISCLOSURE AND MOTION AMP Doc. Filed 09:03/ OCC/ DISCLOSURE OF WITNESSES PP Clerical 12:00/ OCC/ OH-2 STRICKEN - ADV FOR PLEA HRG 6-10-97 8:30 COHEN 1240 PER CHRISTINE-LC J. COHEN EAN Hearing 08:30/ L Cohen CAN/ 1240 CUS PLEA HRG - ADV FROM 6-24-97 OA-2 COHEN Doc. Filed 01:52/ OCC/ NOTICE OF CONTESTED OMNIBUS HEARING PP Correspond 01:53/ OCC/ LETTER FROM THOMAS L DONOHUE TO VALISA MCKINNEY PP Plea Hrng 08:30/ L Cohen OCC/ SP PG AS CHGD,POSS COCAINE-5TH, FC PSI/SNT 7-21-97 AT 1;30PM J.COHEN,ROOM 1240. DEF RELEASED CR/PR PKW Pre-sntInv 09:57/ OCC/ Sentencing 01:30/ L Cohen OCC/ 1240 CR/PR-PG AS CHGD-PSI/SNT,J.COHEN,ROOM 1240 Doc. Filed 09:50/ OCC/ FELONY GUILTY PLEA PETITION FILED PKW Order �3:59/ OCC/ ORDER OF CONDITIONAL RELEASES JJW Pre-sntInv 09:57/ OCC/ AuditorPas 10:24/ OCC/ WILLIE BERL JONES WAS FOUND GUILTY OF A FELONY 7/21/97 "POSS COCAINE 5TH DEGREE" D.O.B 2/9/68; PM Sentencing 01:30/ L Cohen OCC/ 124Q COFC 17MOS &$3000 STY EX TO PROB 5YRS CND;1)SRV 45DYS-CR 2jLTSL TC PB;3)CE/CMPL;4jABSTN;5)UA�S/BRTH6)ED/VOC COUN;7) CC;$3000 MAY BE REDUCED BY $300 W/CLEAN UA�S;P/A;TSI 8/4; O1/21/03 Archive / CAN/ _ 07/21/97 Clerical 02:50/ OCC/ ,c�,��l FINE MGR DEFT TO PAY BY 8/4 MD � � D8/04/97 Sp Acct Rv / CAN/ P/A MD _ 07/21/97 Closed 05:00/ OCC/ Next FC_ O1 02 03 04 06 10 li 12 SD2005.0/000614:100450 Activity Display Co The State of Minnesota Date _ 08/05/97 _ 10/24/97 _ 11/24/97 _ 08/20/98 09/01/O8 _ 09/09/98 09/14/98 _ 09/14/98 Time Status Crt In- Tr- Continu Activity Start/End Judga Notice Room trp ied SrvcDa Pd in Full 01:18/ OCC/ 75 CASH JRM Transcript 12:05/ OCC/ TRANSCRIPT OF PLEA FILED Transcript 01:55/ OCC/ TRANSCRIPT OF SENTENCING FILED LHH Warrant 02:58/ L Cohen OCC/ PV FILED BY JEFF MARTIN; FT COMPLETE EX CARE CHEM PRG AT TWIN TOWN; FT ABSTAIN FROM DRUGS Warr Rvw / L Cohen CAN/ SP/PV; FT COMP TWIN TOWN PRG; ABSTAIN ARC 1-21-03 War Retd 11:30/ OCC/ DEFT ARRESTED ON PV WARR - PER PO: JEFF MARTIN SET FOR PV HRG 9-14-98 1:30PM COHEN Revoc Hrg 01:31/ L Cohen OCC/ CH CUS PV HRG PO; JEFF MARTIN ARC 1-21-03 Revoc Hrg 01:31/ L Cohen OCC/ CH PV ADMIT-CONT PROB SAME TERMS/CONDS,CR 7DYS,CHEM EVAL UPDATE,AA WEEKLY,TREATMENT PER PO,OBTAIN AA SPONSOR 01/21/03 Archive / PEN/ _ 09/14/98 Closed 05:30/ OCC/ _ 10/30/98 Transcript 02:09/ OCC/ TRANSCRIPT OF PROB VIOL HRG OF 9/14/98 FILED I�I � �Y�;? PKW LHH I i CITY OF SAINT PAUL Norm Cvleman, Ma��or June 14, 2000 OFFICE � CITY ATTORNEY Claytors M. rtron, Jr., Ciry,fnorney Q f5 �� v civitDivision 400 Ciry Half IS P.'ertKe([oggBlvd. Sain[ Paul, Ivlinnuoia 551-02 Telephone: 65! 266-8710 Facsimile: 651 298-5619 NOTICE OF INTENT TO DENY LICENSE APPLICATION Mr. Wiilie B. Jones, 7r. 328 Bnmingham Street Saint Paul, Minnesota 55106 __ RE: Application for Taxicab Driver's License Dear Mr. Jones: The Office of License, Inspections and Environmental Protection has recommended denial of your application for a taxicab driver's license. The recommendation is based on the fotlowing: On June 10,1997 you pled guilty to a felony charge of 5"' Degree Possession of Cocaine. Saint Paut Legislative Code. § 376.26(e)(4) states that to be eligibte to operate a taxicab an applicant must have no felony convictions in the last five years and no non-traffic gross misdemeanor or misdemeanor convictions in the last three yeazs involving the use or threat of use of force, possession or sale of a controlled substance, prostitution or indecent conduct. If you do not dispute the above facts, you may withdraw your applicarion at this rime. Altematively, if you do not dispute the above facts, but wish to have a hearing in front of the Saint Paul City Council to dispute the recommended denial of your license application, you will need to send me a letter admitting the violation and requesting a public hearing. The matter will then be scheduIed for a public hearing before the City Council to determine the disposition of your ]icense application. You will have an opportunity to appear and speak on your own behalf, or to have someone appear there for you. � � n e t e axica nver s�cense _ Application of Willie B. dones _ City's Exh. No. 3 Page 2 Mr. Willie B. 7ones, 7r. June 14, 2000 � � ��'� On the other hand, if you wish to dispute the above facts, I wili schedule an evidentiary hearing before an Administrative Law Judge (A.LJ). If you wish to have such a hearing, please send me a Ietter stating that you are contesting the facfs. You wili then be sent a"Notice of Hearing," so you will know when and where to appear, and what the basis for the hearing will be. If you have not contacted me by Monday, June 26, 2000, I will assume that you are not contesting the facts and will schedale this matter for the St. Paul City Council and have it placed on the Consent Agenda during which no public discussion is allowed and the recommended denial of your license application will be imposed. If you have any questions, feel free to contact me at 266-8710. Sincerely, _ _ � ��.-,.`-ti � Virginia D. PaImer Assistant City Attomey cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Rich Jents, LIEP � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY � AFFIDAVIT OF SERVICE BY MAIL Dc-�51 JOANNE G. CLEMENTS, being £irst duly sworn, deposes and says that on June 14, 2000, she served the attached NOTICE OF INTENT TO DENY LICENSE APPLICATION upon the following named person placing a true and correct copy thereof in an envelope addressed as follows: Mr. Willie B. Jones, Jr. 328 Birmingham Street St. Paul, MN. 55106 (which is the Iast known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. �� r, � � Subscribed and sworn to before me this 14th da�-'o� Jty�� 2�Y6�Q. / � 1 / J- / / �9 NOTAHRPU641CAMI Notary Public �ry.��g�� €.XPIkE� JkN.31. 20DS i � CITY OF SAINT PAUL Nom� Coleman, Mayor 7uly 13,2000 Mr. Willie B. Jones, Jr. 328 Birmingham Street Saint Paul, Minnesota 55106 OFFIC THE CITY ATTORNEY Clay[on M�inson, h., CilyArro�ney �� _ � Civil Division 400CrryHall Telephone;651266-8710 15 Wesi%Ilogg B[vd Faesimile: 657 298-5619 Sain1P¢ul, Minnesota 55702 NOTICE OF HEARTNG RE: Application for Tasicab Driver's License Our Fiie Nuxnber: G00-0185 Dear Mr. Jones: Please take notice that a hearing wili be held at the following time, date and place concerning your application for a ta�cicab driver's license: Date: Thursday, August 17, 2000 Time: 9:30 a.m. Place: Room 42 St. Paul City Hall 15 W. KeAogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrafive Law 7udge from the State of Minnesota Office of Administrative Hearings: Name: Telephone: Richard C. Luis Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 612-349-2542 The CounciI of the Ciry of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating aud non- � n e e axica rrver s icense _ _ Application of Willie B. Jones _ City s Exh. No. 4 DG� ��.�� intoxicating liquor, authorit�s also conveyed by Minnesota Statute�ction 340A.415. Adverse action may include deniai, revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to a8verse action against your application for a taYicab driver's license as follows: On June 10,1997 you pled guilty to a felony charge of 5`" Degree Possession of Cocaine. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul LegisIative Code as may be applicable. � At the hearing, the Administrative Law Judge will have alI parties identify themselves for the record. The City wiil then present its witnesses and evidence, each of whom the licensee or attomey may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each ofwhom the City's attorney may cross-examine. The Administrative Law 7udge may in addition hear relevant and material tesrimony from persons not presented as wimesses by either parfy who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of proparty located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the 7udge will prepaze Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you wiil or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in confomuty with Minnesota Rules, part 1400.7000. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Admnustrafive Law Judge for incorporation into lus or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you wlvch have been stated earlier in this notice may be taken as true. If non- public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Notice of Hearing - Page 2 • If you have any questions, you can call me at 266-8710. Very truly yours, v � �� Virginia D. Palmer Assistant City Attorney • oo�g�l cc: Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Rich Jents, LIEP � Notice of Hearing - Page 3 • STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) L ��,��1 AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on July 14, 2000, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Willie B. Jones, Jr. 328 Birmingham Street St. Paul, MN. 55106 (which is the last known address of said person) and depositing the same, with postage prepaid, in the Minnesota. Subscribed and sworn to before me this 14th d��of �xr}.jy, 2000. Notary PE7ER P. PANGBORP. NOTARYPUBUC-MINNF'* '�. MY CAMM�S3i:..� -- EXPIRESJAN." ..i.�