02-37:�� �' `� �
� � S �l i i ��.I t �� �
Presented By
Referred To
Council File # 0 .1 � 3 �
Crreen Sheet # 1 ��3 y�
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
��
Committee: Date
1
2
3
4
5
6
7
8
RESOLVED, that the Tazicab Driver's License Application submitted by 7oaquine L.
York (license ID No. 20010005171), is hereby denied for his February 6, 1999 conviction for
Reckless Driving.
This resolution and the action of the Council in this matter are based upon the facts
contained in the November 15, 2001 Notice Of Intent To Deny License Application letter to the
licensee. The facts were not contested by the licensee.
Requested by Department of:
By:
Form Approved by City Attorn�y �
r /7
$Y: i'_�� � � �� c'�-P'
Approved by Mayor for Submission to Conncil
By:
Appr
By:
Adopted by Council: Date �002—.
` \ `
Adoption Certified by Counci�'Secretary
aa-3�
�Ci�ty 1 /27/8`1
GREEN SHEET No 110349
y]r�lII�Yyyn1CL E 266-8710 InXIaUDffis InCWIDate
oEVl�Rl101rcnECide C1IYCO11rCa
M��
ASSIGN
NIIMBER FOR C�rv�riuwEl' arvG.mK
RWTING
� RW1q0.L4E0.VICE40Yt �NYIICYLtE0.VIIICCTG
❑ IIAYanIaRAmYfA11n ❑
TOTAL � OF SIGNATURE PAGES (CLIP ALL �OCATiONS FOR SIGNATURE)
CT10N REQUES7ED
Denying the Ta�cicab Driver's License Application of 7oaquine L. York.
RECAMMENDATION Approve (A) or Reject (R) PERSONALSERKCE CONiitACTS MUSTANSWER iHE FOLLOWING QUESiZONS:
1. Has this perso�rtn ever worked under a contract for this depa�tment?
PLANNING CAMMISSION YES NO
qB COMMITTEE 2. Has Mis persaVfrm e✓er been a ciry empbyee?
CIVILSERVICECOMMISSION VES NO
3. Does this person/firm pOSSe6s a sltill not normallypossessed by any cuRerR city employee7
YES NO
4. Is Nis perwNfirtn a farge[ed vendoR
YES NO
Elrylain all yes answefs on Sepatate Sheet and attaCh Lo green shcef
INITIATING PROBLEM ISSUE, OPPORTUNITY (WFw. What, When, Where, Why) _
ADVANTAGES IF APPF20VED
DISADVANTAGES IF APPROVED
DISADVANTAGES IF NOT APPROVED
TOTAL AMOUN'! OF TRANSACTION 5 COST/REVENUE BUDGEfED (CIRCLE ONE) YES NO
FUNDING SOURCE ACTNITY NUMBER
FlNANCIH! INFORA64ilON (IXPWN)
UNCONTESTED LICENSE MATTER oz-3�
- Licensee Name:
Address:
Councii Date:
License:
Violation:
Joaquine L. York
684 Orange Avenue East
Wednesday, January 9, 2002
Taxicab Driver
1999 Conviction for Reckless Driving
St. Paul Legislative Code §376.16(e)(5)a.4.
Recommendation of Assistant City Attorney on behalf of client, Office
of License, Inspections and Environmental Protection:
Denial of Taxicab Driver's License Application
Attachments:
1. Proposed resolution
2. Notice of intent To Deny License Application
3. St. Louis County Record of Reckless Driving Conviction
4. State Record Check
5. License Application
6. License infiormation
OFFICE OF THE CITY ATTORNEY
ClaytonM.Robinson,Jr.,CiiyAttorney O��
CITY OF SAINT PAUL
Norm Co[eman, Mayor
December 21, 2001
Joaquine L. York
684 Orange Avenue East
Saint Paul, Minnesota 55106
Civil Division
400 Ciry Hall
I S Wui Kellogg Blvd.
Saint Paul, Mirtnesota 55102
NOTICE OF COUNCIL MEETING
RE: Taxicab Driver License in Saint Paul
Telephorse: 65T 266-8710
Facsimile: 651198-56I9
0
Dear Mr. York:
Please take notice that this matter has been set on the Consent Agenda for the Council meeting
scheduled for 3:30 p.m., Wednesday, January 9, 2002 in the City Council Chambers, Third
Floor, Saint Paul City Hall and Ramsey County Courthouse.
Enclosed are copies of the proposed resolution and other documents which wili be presented to
the City Council for their consideration. This is an uncontested matter, in that the facts
conceming your lack of eligibility for licensure as a tasicab driver have not been denied. The
recommendation of the license office will be for the denial of your license application.
If you have any questions, please call me at 266-8710.
Very huly yours,
` 1 �
�/C ��GZ`.G` � ��
v �.��"YC✓° "\
�
Virginia D. Palmer
Assistant City Attomey
cc: Nancy Anderson, Assistant Council Secretary
Christine Rozek, Deputy Director of LIEP
Rich 7ents, LIEP
i�� 9�4��?"°�, ��.Es
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SA[N2
PAUL
�
AAAA
CITY OF SAINT PAUL
Norm Coleman, .Llayor
November 15, 2001
OFFICr "`F THE CITY ATTORNEY
Clayton �. obinson, Jr., Ciry Atmmey
O �-��]
C(YII DfYlSfOII
400Ciq'Hal! Telephone:651266-87/0
ISWurKelloggBlvd. Facsimi[e:651298-56l9
Sain[ Pavl, Minnuota 55702
NOTICE OF INTENT TO DENY LICENSE APPLICATION
Joaquine L. York
684 Orange Avenue East
Saint Paul, Minnesota 55106
RE: Taxicab Driver License in Saint Paul
Dear Mr. York:
The Office of License, Inspections and Environmental Protection has recommended
denial of the taxicab driver's license application submitted by you for a license to drive a taxicab
in Saint Paul. The basis for the recommendation is as follows:
Saint Paul Legislative Code §376.16(e)(5)a.4. states t6at a
Qerson is not eligible to be licensed to operate a taxicab in Saint
Paul if they have a conviction in the last three (3) years for
reckless driving. Your driver's license record shows that you
were convicted in Fe6ruary of 1999 for such an offense.
If you do not dispute the above facts, you may withdraw your application at this time and
re-apply in February of 2002 when you will again be eligible. 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 will 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.
On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary
hearing before an Administrative Law Judge (AI,J). If you wish to have such a hearin�, please
send me a letter stating that you aze contesting the facts. You will 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.
Page 2
Joaquine L. York
November 15, 2001
0 �. -'31
If you have not contacted me by Monday, November 26, 2001, I will assume that you
are not contesting the facts and will 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 denial of your application will be imposed.
If you have any questions, feel free to contact me at 266-8710.
Sincerely,
� �u�"�-��'_"�--C"�-e�.
C)
Virginia D. Palmer
Assistant City Attorney
cc: Christine Rozek, LIEP
Rich Jents, LIEP
oa-3�
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on November 15, 2001, she served the attached NOTICE OF INTENT
TO DENY LICENSE APPLICATION on the following named person by
placing a true and correct copy thereof in an envelope addressed as
follows:
Joaquine L. York
684 Orange Avenue E.
St. Paul, MN. 55106
(which is the last known address of
same, with postage prepaid, in the U
Minnesota.
Subscribed and sworn to before me
this 15th da of No ember 2001.
d�'=
���
Notary Public
PETER P. PAfVGBQRR
NOTAFtY PUBLIC - MINNESOTA
MY COMMISSION
EXPIRES JAN, 31, 2005
said person) depositing the
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Applicant Information:
NameandTitle: �
First
Home Address: Inn `
. CITY OF SAINT PAUL
' I ' AXIL ' AB D�VE . Office of License, Inspections
LICENSE APPLICATION ' �a En��ro"me�ta� Pro��<ion
350 Sc Pnc Svect Sui�e l00
5���paW,Mimaota 55102
THIS APPLICATION IS SUBJECT TO REVIEW BY THE PUBLIC (651)S��Fu( �� � 3�
PLEASE TYPE OR PRNT IN INK web. `�"'""-°�P'ul.mn.u
LICENSES ARE NOT TRANSFERABLE
PAYNIENT MUST BE RECEIVED �VITFI EACH APPLICATION
APPLICAIVT MLJST BE PRESEPIT TO APPLY
Middle
Street (#, Name, Type, Direction)
Mail To Address (if different than home address):
Home Phone: (�al ( 1 � � " � � ��
- XF(!� _
(Maiden) '� ' � � ��I.ast �
�t �1�u:�� -
City
s° ��( Ci �,,. , t �
Street (�, Name, Typ , Direction)
5� P�
ritte
n _ � . s�t`�1�'
Stare Zip
Y'%?� �k
CiTy
Date of Birth: � /�a� !� Place of Birth: f�'��J�7 i � �� u�'��'"�u —
Driver's License � y'� �b -� a �- y x� ��`� ( Hxp. Date
State Zip+4
Are you a citizen of the United States? �'
If you are not a US resident, you must provide proof of work authorization from the US Immigratio� and Naturalization Service.
and Address of cab company you will be driving for
Do you own or lease the cab you drive? � i°�_
What is the lease rate you pay to operate the cab?
ANY FALSIFICATION OF ANSWERS GIVEN OR MATERIAL SUBMITTED
�VILL RESULT IN DENIAL OF THIS APPLICATIO�I
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 belief. I hereby state further that I have received no money or other consideration, by way of loan, gift, contribution,
or otherwise, other than already 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 Legislative Code) and Chapter 376.17
(Taxicab Driver Training Course of the Saint Paul Legislative Code).
� y�;
for all applications)
Date
06/ 19/2001
All applicants must piesent the following documents, at time of application: -
- = - �alid Sfate of Minnesota'Drivei's Licerise =.: - _
;.°; Foi drivers witti an out=of sfate"licen'se; the applicant mnst provide a copy of iheir diiving record foi:the :
" - 'th D'arhri " t f Tran`s oitation"in the State in wluch the are licensed `" ' - '-
: oa::���
`.. .-' 4-
51-642-0610. �
st: The fee is �8.00
Pager )
Pager )
zip.a
_ e ep , en o_• p Y •
� A iecord check obtained.from the Bureau of Criminat Apprehension (BCA) located at 1246 University Avenue,
`- =:`The;eeoidcheckmaybeobtainedviamailocin-pecsonValididenrificationmustbeprovidedattimeofreqi
`_ :pei ieguest "If a rggord is foun3, please be prepazed to be fingecprinted.
Preferred methods of communication from this offce (please�?'� in order of preference -"1" is most prefesed):
_ Phone Number with azea code: �S(, (� ) 2� l f � i ��Extension
(Circle the type of phone number you have listed above: Business �me Cell Fax
_ Phone Number with area code: (_
(Circle the type of phone number you have
Mail:
Street (k, Name,
I Extension
above: Business Home Cell Fax
ca
Intemet:
E-Mail Address
sta�e
Cost, payable at the time of application: $40.00 for the first year's license fees, plus an addational $40.00 for
the required taacicab driver's training course, for a total up front cost of $80.00. One-half of the course fee
($20.00) may be refunded to you by the company you drive for at the time you successfully complete the
course.
We will accept payment by cash, check (made payable to City of Saint Paul) or credit card (MasterCard or Visa).
IF PAYING BY CREDIT CARD PLEASE COMPLETE THE FOLLOiYING INFORMATIO�V: � MasrerCazd � V isa
EXPIRATION DATE:
❑�/�❑
Name of Cazd Holder
ACCOWi TNUMBER:
� � � � � � � � � � � � � � � �
eo� au
06/19/2001
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JOAOUINELABqRRONYORK ���������
6840RANGEST
STPAUL,MN 55708
���,u�,� ��.'l�,k 9�?s� sti
Sec. 376.16. Taxicab drive�'s license. ���� 7
(a) License required. Eff'ective March I5, 1991, no person shall drive a taxicab, nor shall any ovmer or leasee of a taacicab allow any other person to
drive a taCicab, witivn the City of Saini Paul unless that person has first obtained and displayed a taxicab drive2s license under the provisions of this
Code.
(b) Drivecs from o[her cities. Any driver licensed to operare a taxicab in another city may ca�ry pusengers from that city to any place within the City
of Saint Paul and may freely enter and travel upon the streets for that pucpose. In that case, it shall not be deemed necessary for the [axicab driver to
obtain a Saint Paul license but the driver shall not be permitted to accept or offer any passenger for hire in the Ciry of Saint Paul, or othenvise
operate a taxicab within the ciry without first obiaining a license under the provisions of this Code. W(ule within the ciry the taYicab driver shall be
required to observe all of the applicable reguladons and conditions of this secaon and shall have in possession and display to any person upon
demand the license certificate for the taxicab.
(c) License applicarion. Every applicant for a taeicab driver's license shall ftle an application with the license division. The applicarion shall be made
on a foan provided by said division, containing such information as the license inspec[or may require, including, but not limited to, a complete
employment history, to verify [hat the terms and conditions of t6is chapter have been mec The application shall be signed and swom to by the
applicant Prior ro the issuance of [he license, every licensee shall be photogaphed. The chief of police or his representative shall investigate each
applicant and shall fonvard the results of the application to the license inspector. Any false statement on the application shall be grounds for denial,
refusal to renew or revocation of a licease.
(d) License fee. Each applicant for a taxicab ddver's license shall, at the initial time of filing his or her application, pay a non-refundable license fee
of foRy dollars ($40.00). This fee will pay for the entire firsFyeaz licensing period.
(e) Prerequisites to license. Eligibility to be licensed to operate a taxicab shall be as follows:
(1) Possess a valid Minnesota drivels license;
(2) Be at least eighteen Q 8) yeazs old;
(3) Be a citizen of the United States, or an alien admitted for permanent residence, or who has otherwise ob�ained work authorization from the
U.S. Immigration and Namralization Service;
(4) Shall have no felony convictions in the last five (5) years; shall have no nontraf5c gross misdemeanor or misdemeanor convictions in the
last three (3) years involving the use or threat of use of force, possession or sale of a controlled substance, prostiation or indecent conduct The
license inspector may grant, pursuanc to state statute, an exception to the above provisions upon evidence that the offense is not related ro the
occupation of taxicab driver;
(5) Shall have a driving record meeting the following standards:
a. No convictions in the last five (5) years for any of the following offenses inwtving injury or death; no conviction in the Iast three (3)
years for any of the following offenses not involving injury or death:
1. Leaving the scene of an accideni;
2. Driving under the influence of an alcoholic beverage or drug;
3. Reckless driving or careless driving involving alcohol or dmgs; or
4. Refusal ro take a breathalyzer cest.
b. For original licensure: No more than four (4) moving violations within the Iast three (3) years, and no more than two (2) moving
violations in the tast yeac For renewah no more than four (4) moving violations within the last three (3) years and no more than three (3)
moving viotations in the last year. Moving violations sha(I mean for this subsection those violations specified above in subsection (5)a.,
and any speeding violations.
c. Every new applicant shall have at least one (1) year's driving experience as a licensed driver. Such prior driving experience shall be
veriFied by an affidavit signed by a reputable person and submitted with the license apptication.
d. Upon submission of proof of suitabiliry and evidence of insurability, the license inspector may waive one (I) or more of the
requirements tisted above; provided, that any such waiver shall indicate the grounds for the inspecto�s decision and shall be approved by
the director of [he Office of License, Inspections and Environmenial Protection (LIEP).
(6) Have a demonstrated knowledge of the provisions of the taxicab ordinance rela[ing [o the conduct of tasicab drivers and the opera[ion of a
taxicab.
(7) Failure to apply for renewal of any tacicab operaror s license within [hiRy (30) days afler expirafion shall be deemed an abandonment of the
licensee s right to such renewal.
(8)For any dmer seeking original licensure, or any driver whose taxi license has lapsed for more than one (1) year, or as deemed necessary by
the license inspecior; shal( have successfully compteted the taxicab driver training course as set forth in section 376.17.
(� Dury to exhibit license. Effective Mamh 15, 1991, every taxicab driver while on dury shall display the front of his or her taxicab driver's license
on ihe dashboard of the vehicle in a location readily visible to passen�ers, which license disp(ays [he driver s photogmph and license number on the
front in a manner approved by the license inspector. In addition to any o[her penatties, a deputy inspector or potice officer may order the licensee to
discon[inue operations unti( such time as the licensee has a license in possession.
(g) Issuance of license. Each taxicab drivels license shall have upon it a number by which the license shall be desigiated, a photograph of the
ticensee, and such other information as the license inspector may require. The license inspector may issue licenses for a tertn of less than one (1)
yeu for a prorated initial fee in order ro evenly distribute license expiration dares throughout the yeaz.
(h) Requirement of valid Minnesota driver's ticense. Any time that a licensee s Minnesota drive�'s license is suspended, revoked or canceled, his or
her tacicab dme�s license shall likewise be immzdiately suspended, revoked or canceled. No person shall opzrate a taxicab without a valid
Minnesota drivers license.
(i) Renewals. A tasicab driver s ticense shall be issued annually. The license inspector may cause the renewal of a taxicab drive�'s license from yeaz
06/t9/2001
oa -�7
to year by appropriate endorsement upon the application for renewal and payment of an annual fee of iwenty-nine dollars (529.00). The driver shall
make such renewal application u�on a fo[m to be fumished by the license division. The renewal foan shall be filled out with the full name and
address of the applicant, together with the date and nuatber of the original license. If a driver has no[ been licensed in the previous license year, he or
she shall be considered a new applicant. - ,
-�-
_ (i) Suspension, revocation and nonrenewal.�P. ta�cicab drivels license may be revoked, suspended or not renewed by the license inspector a[ any time
for cause pursuant to the provisions of [his chapter and Chapter 310 of the Legislative Code. When a tacicab drive�s license has been revoked or
suspended, it shafl immediately be rerumed to the license division. If the city council stipulates that a licensee whose taxicab drive�s license has
been revoked may reapply after a specific period of t'vne has elapsed, that period of time shall not commence until the taxicab drive['s license has
been rerumed to the license division.
(k) Revocation of Minnesota driver's license; limited ticenses; alcohol-related driving conviction:
(1) My person holding a taxicab driver's license whose Minnesota driver s license is suspended, canceled or revoked for any reason shall
immediately surrender his or her taxicab drive�s license to the license division. The taxicab driver's license shall be retumed to the licensee
upon reinstatement of the Minnesota ddve�s license or issuance of a limi[ed license authorizing operation of a taxicab; provided, however, that
suspension, canceliation or revocation of a Minnesota driver's license due to refusal to submit to a legally required blood alcohol test under the
state implied consent statute shall be grounds for the revocation, nonissuance or nonrenewal of [he taxicab drive�s license.
(2) Any licensed taxicab driver whose Minnesota driver's license has been revoked and who hu been issued a limited license authorizing the
opera[ion of a taxicab shall immedia[ely notify the license division of the same. At that time, the licensee shall fumish to the license inspecior a
copy of the limited license and a written s[atemen[ containing a schedule of the days and hours of each day during which he or she will be
driving a taxicab during the term of the limited license. No deviation from the schedule shall be permitted. In additioq the licensee shall
personalty fumish to the license inspector copies of all trip sheets for all shifrs worked during the term of the limited ticense.
(3) Any person holding a taxicab drivei's license shall noti£y the Office of License, Inspections and Envimnmental Protection (LIEP)
immediately whenever he or she is convicted of an alcohol-related driving offense, whether or not it invotves the operation of a taxicab.
(4) Refusal to take and/or failure to pass a standard breathalyzer [est administered pursuan[ to Minn. Stat. § 169.123 while on duty shall be
grounds for revocation of a taxicab driver's license.
(5) Faiture to comply with the provisions of this section shall be grounds for revocation of a taxicab driver's license.
Sec. 376.17 Taxicab driver training course.
(a) Taxicab driver [raining course required. The license inspec[or shall establish a taxicab driver training course pursuant to Ihe terms of this
section. The course shall be designed to enhance the proficiency of drivers in all aspects of taxicab driving, and may include topics such as
geography of the metropolitan area, traffic laws, vehicle safety, taxicab licensing laws and driver code of conduct, radio communica[ions, cab
stand and call procedures, tasicab fares, vehicle cleanliness and maintenance, customer relations, and courtesy.
(b) Component of driver training. The driver [raining course may consisi of components taugh[ by city staff, or components taught by an education
institution under contract wi[h the city, or by a combina[ion of such components.
(c) Prerequisite for licensure. Successful wmpletion of the taxicab driver training course shall be a prerequisite for obtaining a Iicense for all
taxicab drivers not licensed on the effective date of [his section and all taxicab drivers who licenses have lapsed for more than one (1) yeaz. The
city council may impose suceessful comple[ion of the taxicab driver training course as requirement in any disciplinary action against a licensed
driver, as a condition for renewal of a taxicab driver's license in the event of customer comptaints, vio(ations of taxicab regulations, or moving
viola[ions; and as a condition for reinstatement of any revoked or suspended taxicab driver's license.
(d) Provisional opera[or s[atus. An applicant who has met all of the requirements for an original license except for the successful completion of
taxicab driver Iraining shall be au[horized to operate as a provisional operator until the first available opening in a training class, at which time
the applicant mus[ enroll in and successfuliy complete the class. Upon the successful completion of the training class, [he applican[ shall
receive a license valid [hrough the remainder of the one-year licensing period. Provisional operator status may be revoked for failure to enroll
in the first available opening in the training class, or failure ro successfully complere the class. The applicant shall be entitled to three days'
written notice of public heariag before the council at which time the licensee shall have an opportunity to be heazd. For any other basis
proposed for adverse action, an appticant shalt be entitled to the hearing procedures of section 310.05. M applicant failing to satisfactodly
complete the provisional period may reapply no sooner than twelve (12) months after the date of the original application.
Note: The charge for the driver training is $40.00, which is non-refundable and must be paid at [he time of application. One-half of this amount may
be refunded to you by the company you drive for at the time you have successfully completed the course.
06/ 19/2001
License Group Comments Text
Licensee: JOAQUINELYORK
OBA: JOAQUINELYORK
License �: 200'10005171
1 �l13/2007 To CAO for review for possble adverse action. Felony, 1997, redcless 1999. CAR
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Presented By
Referred To
Council File # 0 .1 � 3 �
Crreen Sheet # 1 ��3 y�
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
��
Committee: Date
1
2
3
4
5
6
7
8
RESOLVED, that the Tazicab Driver's License Application submitted by 7oaquine L.
York (license ID No. 20010005171), is hereby denied for his February 6, 1999 conviction for
Reckless Driving.
This resolution and the action of the Council in this matter are based upon the facts
contained in the November 15, 2001 Notice Of Intent To Deny License Application letter to the
licensee. The facts were not contested by the licensee.
Requested by Department of:
By:
Form Approved by City Attorn�y �
r /7
$Y: i'_�� � � �� c'�-P'
Approved by Mayor for Submission to Conncil
By:
Appr
By:
Adopted by Council: Date �002—.
` \ `
Adoption Certified by Counci�'Secretary
aa-3�
�Ci�ty 1 /27/8`1
GREEN SHEET No 110349
y]r�lII�Yyyn1CL E 266-8710 InXIaUDffis InCWIDate
oEVl�Rl101rcnECide C1IYCO11rCa
M��
ASSIGN
NIIMBER FOR C�rv�riuwEl' arvG.mK
RWTING
� RW1q0.L4E0.VICE40Yt �NYIICYLtE0.VIIICCTG
❑ IIAYanIaRAmYfA11n ❑
TOTAL � OF SIGNATURE PAGES (CLIP ALL �OCATiONS FOR SIGNATURE)
CT10N REQUES7ED
Denying the Ta�cicab Driver's License Application of 7oaquine L. York.
RECAMMENDATION Approve (A) or Reject (R) PERSONALSERKCE CONiitACTS MUSTANSWER iHE FOLLOWING QUESiZONS:
1. Has this perso�rtn ever worked under a contract for this depa�tment?
PLANNING CAMMISSION YES NO
qB COMMITTEE 2. Has Mis persaVfrm e✓er been a ciry empbyee?
CIVILSERVICECOMMISSION VES NO
3. Does this person/firm pOSSe6s a sltill not normallypossessed by any cuRerR city employee7
YES NO
4. Is Nis perwNfirtn a farge[ed vendoR
YES NO
Elrylain all yes answefs on Sepatate Sheet and attaCh Lo green shcef
INITIATING PROBLEM ISSUE, OPPORTUNITY (WFw. What, When, Where, Why) _
ADVANTAGES IF APPF20VED
DISADVANTAGES IF APPROVED
DISADVANTAGES IF NOT APPROVED
TOTAL AMOUN'! OF TRANSACTION 5 COST/REVENUE BUDGEfED (CIRCLE ONE) YES NO
FUNDING SOURCE ACTNITY NUMBER
FlNANCIH! INFORA64ilON (IXPWN)
UNCONTESTED LICENSE MATTER oz-3�
- Licensee Name:
Address:
Councii Date:
License:
Violation:
Joaquine L. York
684 Orange Avenue East
Wednesday, January 9, 2002
Taxicab Driver
1999 Conviction for Reckless Driving
St. Paul Legislative Code §376.16(e)(5)a.4.
Recommendation of Assistant City Attorney on behalf of client, Office
of License, Inspections and Environmental Protection:
Denial of Taxicab Driver's License Application
Attachments:
1. Proposed resolution
2. Notice of intent To Deny License Application
3. St. Louis County Record of Reckless Driving Conviction
4. State Record Check
5. License Application
6. License infiormation
OFFICE OF THE CITY ATTORNEY
ClaytonM.Robinson,Jr.,CiiyAttorney O��
CITY OF SAINT PAUL
Norm Co[eman, Mayor
December 21, 2001
Joaquine L. York
684 Orange Avenue East
Saint Paul, Minnesota 55106
Civil Division
400 Ciry Hall
I S Wui Kellogg Blvd.
Saint Paul, Mirtnesota 55102
NOTICE OF COUNCIL MEETING
RE: Taxicab Driver License in Saint Paul
Telephorse: 65T 266-8710
Facsimile: 651198-56I9
0
Dear Mr. York:
Please take notice that this matter has been set on the Consent Agenda for the Council meeting
scheduled for 3:30 p.m., Wednesday, January 9, 2002 in the City Council Chambers, Third
Floor, Saint Paul City Hall and Ramsey County Courthouse.
Enclosed are copies of the proposed resolution and other documents which wili be presented to
the City Council for their consideration. This is an uncontested matter, in that the facts
conceming your lack of eligibility for licensure as a tasicab driver have not been denied. The
recommendation of the license office will be for the denial of your license application.
If you have any questions, please call me at 266-8710.
Very huly yours,
` 1 �
�/C ��GZ`.G` � ��
v �.��"YC✓° "\
�
Virginia D. Palmer
Assistant City Attomey
cc: Nancy Anderson, Assistant Council Secretary
Christine Rozek, Deputy Director of LIEP
Rich 7ents, LIEP
i�� 9�4��?"°�, ��.Es
� >_; u ����
SA[N2
PAUL
�
AAAA
CITY OF SAINT PAUL
Norm Coleman, .Llayor
November 15, 2001
OFFICr "`F THE CITY ATTORNEY
Clayton �. obinson, Jr., Ciry Atmmey
O �-��]
C(YII DfYlSfOII
400Ciq'Hal! Telephone:651266-87/0
ISWurKelloggBlvd. Facsimi[e:651298-56l9
Sain[ Pavl, Minnuota 55702
NOTICE OF INTENT TO DENY LICENSE APPLICATION
Joaquine L. York
684 Orange Avenue East
Saint Paul, Minnesota 55106
RE: Taxicab Driver License in Saint Paul
Dear Mr. York:
The Office of License, Inspections and Environmental Protection has recommended
denial of the taxicab driver's license application submitted by you for a license to drive a taxicab
in Saint Paul. The basis for the recommendation is as follows:
Saint Paul Legislative Code §376.16(e)(5)a.4. states t6at a
Qerson is not eligible to be licensed to operate a taxicab in Saint
Paul if they have a conviction in the last three (3) years for
reckless driving. Your driver's license record shows that you
were convicted in Fe6ruary of 1999 for such an offense.
If you do not dispute the above facts, you may withdraw your application at this time and
re-apply in February of 2002 when you will again be eligible. 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 will 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.
On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary
hearing before an Administrative Law Judge (AI,J). If you wish to have such a hearin�, please
send me a letter stating that you aze contesting the facts. You will 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.
Page 2
Joaquine L. York
November 15, 2001
0 �. -'31
If you have not contacted me by Monday, November 26, 2001, I will assume that you
are not contesting the facts and will 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 denial of your application will be imposed.
If you have any questions, feel free to contact me at 266-8710.
Sincerely,
� �u�"�-��'_"�--C"�-e�.
C)
Virginia D. Palmer
Assistant City Attorney
cc: Christine Rozek, LIEP
Rich Jents, LIEP
oa-3�
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on November 15, 2001, she served the attached NOTICE OF INTENT
TO DENY LICENSE APPLICATION on the following named person by
placing a true and correct copy thereof in an envelope addressed as
follows:
Joaquine L. York
684 Orange Avenue E.
St. Paul, MN. 55106
(which is the last known address of
same, with postage prepaid, in the U
Minnesota.
Subscribed and sworn to before me
this 15th da of No ember 2001.
d�'=
���
Notary Public
PETER P. PAfVGBQRR
NOTAFtY PUBLIC - MINNESOTA
MY COMMISSION
EXPIRES JAN, 31, 2005
said person) depositing the
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Applicant Information:
NameandTitle: �
First
Home Address: Inn `
. CITY OF SAINT PAUL
' I ' AXIL ' AB D�VE . Office of License, Inspections
LICENSE APPLICATION ' �a En��ro"me�ta� Pro��<ion
350 Sc Pnc Svect Sui�e l00
5���paW,Mimaota 55102
THIS APPLICATION IS SUBJECT TO REVIEW BY THE PUBLIC (651)S��Fu( �� � 3�
PLEASE TYPE OR PRNT IN INK web. `�"'""-°�P'ul.mn.u
LICENSES ARE NOT TRANSFERABLE
PAYNIENT MUST BE RECEIVED �VITFI EACH APPLICATION
APPLICAIVT MLJST BE PRESEPIT TO APPLY
Middle
Street (#, Name, Type, Direction)
Mail To Address (if different than home address):
Home Phone: (�al ( 1 � � " � � ��
- XF(!� _
(Maiden) '� ' � � ��I.ast �
�t �1�u:�� -
City
s° ��( Ci �,,. , t �
Street (�, Name, Typ , Direction)
5� P�
ritte
n _ � . s�t`�1�'
Stare Zip
Y'%?� �k
CiTy
Date of Birth: � /�a� !� Place of Birth: f�'��J�7 i � �� u�'��'"�u —
Driver's License � y'� �b -� a �- y x� ��`� ( Hxp. Date
State Zip+4
Are you a citizen of the United States? �'
If you are not a US resident, you must provide proof of work authorization from the US Immigratio� and Naturalization Service.
and Address of cab company you will be driving for
Do you own or lease the cab you drive? � i°�_
What is the lease rate you pay to operate the cab?
ANY FALSIFICATION OF ANSWERS GIVEN OR MATERIAL SUBMITTED
�VILL RESULT IN DENIAL OF THIS APPLICATIO�I
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 belief. I hereby state further that I have received no money or other consideration, by way of loan, gift, contribution,
or otherwise, other than already 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 Legislative Code) and Chapter 376.17
(Taxicab Driver Training Course of the Saint Paul Legislative Code).
� y�;
for all applications)
Date
06/ 19/2001
All applicants must piesent the following documents, at time of application: -
- = - �alid Sfate of Minnesota'Drivei's Licerise =.: - _
;.°; Foi drivers witti an out=of sfate"licen'se; the applicant mnst provide a copy of iheir diiving record foi:the :
" - 'th D'arhri " t f Tran`s oitation"in the State in wluch the are licensed `" ' - '-
: oa::���
`.. .-' 4-
51-642-0610. �
st: The fee is �8.00
Pager )
Pager )
zip.a
_ e ep , en o_• p Y •
� A iecord check obtained.from the Bureau of Criminat Apprehension (BCA) located at 1246 University Avenue,
`- =:`The;eeoidcheckmaybeobtainedviamailocin-pecsonValididenrificationmustbeprovidedattimeofreqi
`_ :pei ieguest "If a rggord is foun3, please be prepazed to be fingecprinted.
Preferred methods of communication from this offce (please�?'� in order of preference -"1" is most prefesed):
_ Phone Number with azea code: �S(, (� ) 2� l f � i ��Extension
(Circle the type of phone number you have listed above: Business �me Cell Fax
_ Phone Number with area code: (_
(Circle the type of phone number you have
Mail:
Street (k, Name,
I Extension
above: Business Home Cell Fax
ca
Intemet:
E-Mail Address
sta�e
Cost, payable at the time of application: $40.00 for the first year's license fees, plus an addational $40.00 for
the required taacicab driver's training course, for a total up front cost of $80.00. One-half of the course fee
($20.00) may be refunded to you by the company you drive for at the time you successfully complete the
course.
We will accept payment by cash, check (made payable to City of Saint Paul) or credit card (MasterCard or Visa).
IF PAYING BY CREDIT CARD PLEASE COMPLETE THE FOLLOiYING INFORMATIO�V: � MasrerCazd � V isa
EXPIRATION DATE:
❑�/�❑
Name of Cazd Holder
ACCOWi TNUMBER:
� � � � � � � � � � � � � � � �
eo� au
06/19/2001
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JOAOUINELABqRRONYORK ���������
6840RANGEST
STPAUL,MN 55708
���,u�,� ��.'l�,k 9�?s� sti
Sec. 376.16. Taxicab drive�'s license. ���� 7
(a) License required. Eff'ective March I5, 1991, no person shall drive a taxicab, nor shall any ovmer or leasee of a taacicab allow any other person to
drive a taCicab, witivn the City of Saini Paul unless that person has first obtained and displayed a taxicab drive2s license under the provisions of this
Code.
(b) Drivecs from o[her cities. Any driver licensed to operare a taxicab in another city may ca�ry pusengers from that city to any place within the City
of Saint Paul and may freely enter and travel upon the streets for that pucpose. In that case, it shall not be deemed necessary for the [axicab driver to
obtain a Saint Paul license but the driver shall not be permitted to accept or offer any passenger for hire in the Ciry of Saint Paul, or othenvise
operate a taxicab within the ciry without first obiaining a license under the provisions of this Code. W(ule within the ciry the taYicab driver shall be
required to observe all of the applicable reguladons and conditions of this secaon and shall have in possession and display to any person upon
demand the license certificate for the taxicab.
(c) License applicarion. Every applicant for a taeicab driver's license shall ftle an application with the license division. The applicarion shall be made
on a foan provided by said division, containing such information as the license inspec[or may require, including, but not limited to, a complete
employment history, to verify [hat the terms and conditions of t6is chapter have been mec The application shall be signed and swom to by the
applicant Prior ro the issuance of [he license, every licensee shall be photogaphed. The chief of police or his representative shall investigate each
applicant and shall fonvard the results of the application to the license inspector. Any false statement on the application shall be grounds for denial,
refusal to renew or revocation of a licease.
(d) License fee. Each applicant for a taxicab ddver's license shall, at the initial time of filing his or her application, pay a non-refundable license fee
of foRy dollars ($40.00). This fee will pay for the entire firsFyeaz licensing period.
(e) Prerequisites to license. Eligibility to be licensed to operate a taxicab shall be as follows:
(1) Possess a valid Minnesota drivels license;
(2) Be at least eighteen Q 8) yeazs old;
(3) Be a citizen of the United States, or an alien admitted for permanent residence, or who has otherwise ob�ained work authorization from the
U.S. Immigration and Namralization Service;
(4) Shall have no felony convictions in the last five (5) years; shall have no nontraf5c gross misdemeanor or misdemeanor convictions in the
last three (3) years involving the use or threat of use of force, possession or sale of a controlled substance, prostiation or indecent conduct The
license inspector may grant, pursuanc to state statute, an exception to the above provisions upon evidence that the offense is not related ro the
occupation of taxicab driver;
(5) Shall have a driving record meeting the following standards:
a. No convictions in the last five (5) years for any of the following offenses inwtving injury or death; no conviction in the Iast three (3)
years for any of the following offenses not involving injury or death:
1. Leaving the scene of an accideni;
2. Driving under the influence of an alcoholic beverage or drug;
3. Reckless driving or careless driving involving alcohol or dmgs; or
4. Refusal ro take a breathalyzer cest.
b. For original licensure: No more than four (4) moving violations within the Iast three (3) years, and no more than two (2) moving
violations in the tast yeac For renewah no more than four (4) moving violations within the last three (3) years and no more than three (3)
moving viotations in the last year. Moving violations sha(I mean for this subsection those violations specified above in subsection (5)a.,
and any speeding violations.
c. Every new applicant shall have at least one (1) year's driving experience as a licensed driver. Such prior driving experience shall be
veriFied by an affidavit signed by a reputable person and submitted with the license apptication.
d. Upon submission of proof of suitabiliry and evidence of insurability, the license inspector may waive one (I) or more of the
requirements tisted above; provided, that any such waiver shall indicate the grounds for the inspecto�s decision and shall be approved by
the director of [he Office of License, Inspections and Environmenial Protection (LIEP).
(6) Have a demonstrated knowledge of the provisions of the taxicab ordinance rela[ing [o the conduct of tasicab drivers and the opera[ion of a
taxicab.
(7) Failure to apply for renewal of any tacicab operaror s license within [hiRy (30) days afler expirafion shall be deemed an abandonment of the
licensee s right to such renewal.
(8)For any dmer seeking original licensure, or any driver whose taxi license has lapsed for more than one (1) year, or as deemed necessary by
the license inspecior; shal( have successfully compteted the taxicab driver training course as set forth in section 376.17.
(� Dury to exhibit license. Effective Mamh 15, 1991, every taxicab driver while on dury shall display the front of his or her taxicab driver's license
on ihe dashboard of the vehicle in a location readily visible to passen�ers, which license disp(ays [he driver s photogmph and license number on the
front in a manner approved by the license inspector. In addition to any o[her penatties, a deputy inspector or potice officer may order the licensee to
discon[inue operations unti( such time as the licensee has a license in possession.
(g) Issuance of license. Each taxicab drivels license shall have upon it a number by which the license shall be desigiated, a photograph of the
ticensee, and such other information as the license inspector may require. The license inspector may issue licenses for a tertn of less than one (1)
yeu for a prorated initial fee in order ro evenly distribute license expiration dares throughout the yeaz.
(h) Requirement of valid Minnesota driver's ticense. Any time that a licensee s Minnesota drive�'s license is suspended, revoked or canceled, his or
her tacicab dme�s license shall likewise be immzdiately suspended, revoked or canceled. No person shall opzrate a taxicab without a valid
Minnesota drivers license.
(i) Renewals. A tasicab driver s ticense shall be issued annually. The license inspector may cause the renewal of a taxicab drive�'s license from yeaz
06/t9/2001
oa -�7
to year by appropriate endorsement upon the application for renewal and payment of an annual fee of iwenty-nine dollars (529.00). The driver shall
make such renewal application u�on a fo[m to be fumished by the license division. The renewal foan shall be filled out with the full name and
address of the applicant, together with the date and nuatber of the original license. If a driver has no[ been licensed in the previous license year, he or
she shall be considered a new applicant. - ,
-�-
_ (i) Suspension, revocation and nonrenewal.�P. ta�cicab drivels license may be revoked, suspended or not renewed by the license inspector a[ any time
for cause pursuant to the provisions of [his chapter and Chapter 310 of the Legislative Code. When a tacicab drive�s license has been revoked or
suspended, it shafl immediately be rerumed to the license division. If the city council stipulates that a licensee whose taxicab drive�s license has
been revoked may reapply after a specific period of t'vne has elapsed, that period of time shall not commence until the taxicab drive['s license has
been rerumed to the license division.
(k) Revocation of Minnesota driver's license; limited ticenses; alcohol-related driving conviction:
(1) My person holding a taxicab driver's license whose Minnesota driver s license is suspended, canceled or revoked for any reason shall
immediately surrender his or her taxicab drive�s license to the license division. The taxicab driver's license shall be retumed to the licensee
upon reinstatement of the Minnesota ddve�s license or issuance of a limi[ed license authorizing operation of a taxicab; provided, however, that
suspension, canceliation or revocation of a Minnesota driver's license due to refusal to submit to a legally required blood alcohol test under the
state implied consent statute shall be grounds for the revocation, nonissuance or nonrenewal of [he taxicab drive�s license.
(2) Any licensed taxicab driver whose Minnesota driver's license has been revoked and who hu been issued a limited license authorizing the
opera[ion of a taxicab shall immedia[ely notify the license division of the same. At that time, the licensee shall fumish to the license inspecior a
copy of the limited license and a written s[atemen[ containing a schedule of the days and hours of each day during which he or she will be
driving a taxicab during the term of the limited license. No deviation from the schedule shall be permitted. In additioq the licensee shall
personalty fumish to the license inspector copies of all trip sheets for all shifrs worked during the term of the limited ticense.
(3) Any person holding a taxicab drivei's license shall noti£y the Office of License, Inspections and Envimnmental Protection (LIEP)
immediately whenever he or she is convicted of an alcohol-related driving offense, whether or not it invotves the operation of a taxicab.
(4) Refusal to take and/or failure to pass a standard breathalyzer [est administered pursuan[ to Minn. Stat. § 169.123 while on duty shall be
grounds for revocation of a taxicab driver's license.
(5) Faiture to comply with the provisions of this section shall be grounds for revocation of a taxicab driver's license.
Sec. 376.17 Taxicab driver training course.
(a) Taxicab driver [raining course required. The license inspec[or shall establish a taxicab driver training course pursuant to Ihe terms of this
section. The course shall be designed to enhance the proficiency of drivers in all aspects of taxicab driving, and may include topics such as
geography of the metropolitan area, traffic laws, vehicle safety, taxicab licensing laws and driver code of conduct, radio communica[ions, cab
stand and call procedures, tasicab fares, vehicle cleanliness and maintenance, customer relations, and courtesy.
(b) Component of driver training. The driver [raining course may consisi of components taugh[ by city staff, or components taught by an education
institution under contract wi[h the city, or by a combina[ion of such components.
(c) Prerequisite for licensure. Successful wmpletion of the taxicab driver training course shall be a prerequisite for obtaining a Iicense for all
taxicab drivers not licensed on the effective date of [his section and all taxicab drivers who licenses have lapsed for more than one (1) yeaz. The
city council may impose suceessful comple[ion of the taxicab driver training course as requirement in any disciplinary action against a licensed
driver, as a condition for renewal of a taxicab driver's license in the event of customer comptaints, vio(ations of taxicab regulations, or moving
viola[ions; and as a condition for reinstatement of any revoked or suspended taxicab driver's license.
(d) Provisional opera[or s[atus. An applicant who has met all of the requirements for an original license except for the successful completion of
taxicab driver Iraining shall be au[horized to operate as a provisional operator until the first available opening in a training class, at which time
the applicant mus[ enroll in and successfuliy complete the class. Upon the successful completion of the training class, [he applican[ shall
receive a license valid [hrough the remainder of the one-year licensing period. Provisional operator status may be revoked for failure to enroll
in the first available opening in the training class, or failure ro successfully complere the class. The applicant shall be entitled to three days'
written notice of public heariag before the council at which time the licensee shall have an opportunity to be heazd. For any other basis
proposed for adverse action, an appticant shalt be entitled to the hearing procedures of section 310.05. M applicant failing to satisfactodly
complete the provisional period may reapply no sooner than twelve (12) months after the date of the original application.
Note: The charge for the driver training is $40.00, which is non-refundable and must be paid at [he time of application. One-half of this amount may
be refunded to you by the company you drive for at the time you have successfully completed the course.
06/ 19/2001
License Group Comments Text
Licensee: JOAQUINELYORK
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