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02-858Council FIle # �� Y �$� Presented By Refened To GreenSheet# �"�033R0 RESOLUTION CITY OF SAINT PAUL, NIINNESOTA , as Committee: Date RESOLVED, that the tasicab driver license renewal by Louis Short is hereby denied, based upon his prior criminal convictions which disqualify him from being licensed pursuant to Saint Paui Legislative Code §376.16(e)(4). FURTHER RESOLVED, that the findings of fact and conclusions of law contained in the ALJ Report in this case dated July 17, 2002 are adopted as the written findings and conclusion of the Council in this matter. This Resolution is based on the record of the proceedings before the ALJ, including the hearing on June 18, 2002, the documents and exhibits introduced therein, the findings of fact and conclusions of law of the AL7 as referenced above and the deliberations of the Council in open session at the public hearing on August 28, 2002. A copy of this Resolution, as adopted, shall be sent by first class mail to the Administrative Law Judge and to the Applicant. � OFFICE OF 'LTEP September 9, 2002 GREEN SHEET Roger Curtis, Director 266-9013 NO . 4 0 3 3 9 0 da'� 1 EPARTt�NT DIRECTOA 4 ITY COUNCIL � 'Z ITY ATTORNEY ITY CLERR v�emsrm ust be on Couricil Agenda: As """"° �cES' nxxecrox 1N. & MGT_ SVC. DIR. � soon as possible 3 1'OR �ox assxsTaivx� TAI, # OF SIGNATIJRE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: That the taxicab driver license renewal by Louis Short be enied and that the findings and conclusions of law contained in the ALJ Report in this case"dated July 17, 2002 be adopted as the written findings and conclusion of the Council in this matter. O�ATIONS: APPROVE (A) OR REJECT (R) ERSONAL SIItVICE CONTRACT3 MUST ANSWER T8E FOLSAWING: PLANNING COMMISSION CNIL SERVICE COMMZSSION iias the pensonlfirm evez worked under a contract fot Chis depaitment? CIB COMMITTEE BUSINESS REVIEW COUNCIL YES NO STAFF _ Has this person/firm ever been a City employee? DISTRICT WURT - YES NO Does this peison(£irm possess a ski11 not noxmally possessed by any UPPOATS WHICH COUNCIL OBJECTIVE? Current City employee? YE5 NO xylain all YE6 answers on a seyarate sheet and atCacL. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): Louis . Short has prior criminal convictions which disqualify him from being a licensed taxicab driver pursuant to Saint Paul Legislative Code §376.16(e)(4). VANTAGES IF APPROVED: _,_ a�° " ISADVANTAGES IF APPROVED: C�At�S� � ` fl2 ISADVANTAGES IF NOT APPROVED: '' " OTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED YES NO UNDING SOURCE ACTIVITY NUMBER INANCIAL INFORMATION: (EXPLAIN) July 19, 2002 STATE OF MINNESOTA OFF`ICE OF ADI�IINISTRA'TIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 Don Luna, City Clerk 170 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 �� t�ECE1�ED JUL 2 � 2�02 CiTY CLERF4 RE: In the Matter of the Application for Taxicab Driver's License Renewal of Louis J. Short. Jr.; OAH Docket No. 57-6020-14883-3 Dear Mr. Luna: Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Concfusions of Law and Recommendation in the above-entitled matter. Also enclosed is the official record, with the exception of the tape recording of the hearing. If you would like a copy of those tapes, please contact our office in writing or telephone 612/341-7448. Our file in this matter is now being closed. Sincerely, ��X:�IQ,U,{d� � .�J�-C.f�1J�� Barbara F. Goldstein Administrative Law Judge BFG:aws Enclosures Providing Impartial Hearing 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 STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) CERTIFICATE OF SERVICE Debra S. Aws, certifies that on the 19 day of July, 2002, at the City of Minneapolis, county and state aforementioned, she served a true and correct copy of the attached Findings of Fact, Conclusions of Law and Recommendation; Docket No. 57-6020-14883-3 by depositing in the United States mail at said City of Minneapolis, properly enveioped, with first class postage prepaid and addressed to the individual(s) named herein. Don Luna, City Clerk 170 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 �� Debra S. Aws 57-6020-148833-3 RECEiVE� STATE OF MINNESOTA OFFICE OF ADMINISTRA'TIVE HEARINGS FOR TI� CTI'Y COUNCIL CTI'Y OF ST. PAUL In the Matter of the Application for Taxicab Driver's License Renewal of Louis J. Short, Jr. �uL z z Zoc2 C�7Y CLERf6 FINDINGS OF FACT CONCLUSIONS AND RECONIMENDATION The above-captioned matter came on for hearing before Administrative Law Judge Barbara F. Goldstein on June 18, 2002, at St. Paul City Hall, 15 West Kellogg Blvd., St. Paul, Minnesota. Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Kellogg Boulevazd, St. Paul, Minnesota 55102, appeazed on behalf of the City of St. Paul. Also appeazing on behalf of the City of St. Paul was Richard W. Gents, a license inspector with the St. Paul Office of License, Inspection and Environmental Protection. Louis J. Short Jr., 463 Blair Avenue, St. Paul, Minnesota 55103, represented himself. The record in this matter closed on June 18, 2002, at the close of the hearing. NOTICE This Report is a recommendation, not a final decision. The City Council of the City of St. Paul will make the finai decision after reviewing the record and may adopt, reject or modify these Findings of Fact, Conclusions and Recommendation. Under Section 310.05(e)(1) of the City's Legislative Code, the City Council will provide the Licensee the opporiunity to present oral ar written azguments to the City Council before it takes final action. Licensee should contact Ms. Palmer to deternune the procedure for filing azgument or appeazing before the Ciry Council. STATEMENT OF ISSUE The issue in this case is whether or not the City of St. Paul should renew the Licensee's taxi driver's license. Based upon the evidence and argument in the record, the Administrative Law Judge makes the following: -1- FINDINGS OF FACT l. On August 11, 2000, Louis J. Short Jr. was seen by police officers purchasing what turned out to be cocaine. L,ouis 7. Short Jr. was in a car and handed a$20 bill to a juvenile who gave him a rock of suspected crack cocaine. Louis J. Short Jr. committed the offense of Controlled substance in the fifth degree. 2. On August 11, 2000, Louis J. Short Jr. pled guilty to a felony, possession of drugs in the Sth degree. 3. On July 8, 2001, Louis J. Short pled guilty to Possession of Drugs in the Sth Degree. This was a felony. 4. On March 5, 2002 Louis J. Short , Jr. submitted an application for the renewal of a license to drive a tasi in the Ciry of St. Paul. The Office of License, Inspections and Environment Protection recommended that the ]icense be denied by the because of the prior convictions. 5. Louis Short, Jr. requested a hearing on the recommendation of license denial. Based on the foregoing Findings of Pact, the Administrative Law Judge makes the following CONCLUSIONS OF LAW 1. The Administrative Law Judge and the St. Paul City Council have jurisdicUOn in this matter pursuant to Chapter 310 of the St. Paul Legislative Code including sections 310.05 and 310.06, and Minnesota Statutes sections 14.57 to 14.62. 2. The Nouce of Hearing was proper and a11 substantive and procedural requirements of law and rule have been fulfilled. 3. St. Paul Legislative Code sec. 376.16(e)(4) requires that to be eligible to be licensed, an applicant "shall have no felony convictions in the last five (5) years; sha11 have no nontraffic gross misdemeanor or misdemeanor convictions in the last three (3) years involving possession or sale of a controlled substance". 4. Louis J. Short, Jr. was ineligible to receive a talci driver's license renewal from the City of St. Paul because of his two prior felony convictions in 2000 and 2001. RECOMMENDAITON TT I3 HEREBY RECOMl��NDED: that the St. Paul Ciry Council DENY the renewal application of Louis J. Short, Jr. for a taacicab driver's license. -2- Dated this r �� day of July, 2002. n �� Bazbara F. Goldstein Administrative Law Judge Reported: Tape recorded. No transcript prepared. NOTICE The Ciry is respectfully requested to serve its fmal decision upon the Administrative Law Judge by first class mail. MEMORANDUM This hearing was originally requested by licensee Louis J. Short because he wanted to renew his taxicab license. While he has taken some steps toward rehabilitauon, he must continue to work to become drug-free to enable him to have a tasi driver's license from the City of St. Paul under the state rehabilitation statute, Minn. Statute section 364. Applicant should be encouraged to continue with his rehabilitation program so that he can become eligible to be licensed to drive a tasi in St. Paul. -3- � . ` STATE OF MINNESOTA ) ) ss COUNTY OF HE�INEPIlV} AFFIDAVTI' OF SERVICE BY U.S. MA1L Barbaza F. Goldstein, being first duly sworn, hereby deposes and says that on the 17th day of JLJLY, 2002, at the City of Minneapolis, counry and state aforemenuoned, she served the attached FINDINGS OF FACT. CONCLUSIONS AND RECOMI��NDATION 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 andaddressed to the individuals named herein.: Louis J. Short, Jr. 463 Blair Avenue St. Paul, MN 44103 Subscribad and sworn to before me this . t? day of July, 2002. �r�� r� � ��.�,�.�-- Notary Public Virguua D. Palmer Assistant City Attorney 400 City Hall 15 West Kellogg Boulevard St. Paul, MN 55102 � � �G'l. - Bazbara F. Goidstein � IANE M. HEUERMAN� � � NOTARYPUBLIC �,{ �omm, F.ryires Jan.31, 2005 ,� t' 57-6020-148833-3 STATE OF MINNESOTA OFFTCE OF ADMINISTRATIVE HEARINGS FOR THE CITY COUNCII. CTTY OF ST. PAUL In the Matter of the Application for Taxicab Driver's License Renewal of Louis J. Short, Jr. FINDINGS OF FACT CONCLUSIONS AND RECOMIVIENDATTON The above-captioned matter came on for hearing before Administrative Law Jndge Barbaza F. Goldstein on June 18, 2002, at St. Paul City Hall, 15 West Keliogg Blvd., St. Paul, Minnesota. Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Kellogg Boulevard, St. Paul, Minnesota 55102, appeared on behalf of the City of St. Paul. Also appeazing on behalf of the City of St. Paul was Richard W. Gents, a license inspector with the St. Paul Office of License, Inspection and Environmental Protection. Louis 7. Short Jr., 463 Blair Avenue, St. Paul, Minnesota 55103, represented himself. The record in this matter closed on June 18, 2002, at the close of the hearing. NOTICE This Report is a recommendation, not a fmal decision. The City Council of the City of St. Paul will make the fmal decision after reviewing the record and may adopt, reject or modify these Findings of Fact, Conclusions and Recommendafion. Under Section 310.05(e)(1) of the Ciry's Legislative Code, the City Council will provide the Licensee the opportunity to present oral or written arguments to the City Council before it takes fmal action. Licensee should contact Ms. Palmer to determine the procedure for filing argument or appeazing before the City Council. STATEMENT OF ISSLTE The issue in this case is whether or not the City of St. Paul should renew the Licensee's tasi driver's license. Based upon the evidence and argument in the record, the Administrative Law Judge makes the following: -1- N�IDINGS OF FACT 1. On August 11, 2000, Louis J. Short Jr. was seen by police o�cers purchasing what tumed out to be cocaine. L,ouis J. Short Jr. was in a car and handed a$20 bill to a juvenile who gave him a rock of suspected crack cocaine. Louis J. Short Jr. committed the offense of Controlled substance in the fifth degree. 2. On August 11, 2000, Louis J. Short Jr. pled guilty to a felony, possession of drugs in the Sth degree. 3. On July 8, 2001, Louis J. Short pled guilty to Possession of Drugs in the Sth Degree. This was a felony. 4. On Mazch 5, 2002 Louis J. Short , Jr. submitted an application for the renewal of a license to drive a talci in the City of St. Paul. The Office of License, Inspections and Environment Protection recommended that the license be denied by the because of the prior convictions. 5. Louis Short, Jr. requested a hearing on the recommendation of license denial. Based on the foregoing Findings of Fact, the Administrative Law Judge makes the following CONCLUSIONS OF LAW 1. The Aduiinistrative Law Judge and the St. Paul City Council have jurisdicfion in this matter pursuant to Chapter 310 of the St. Paul I.egislative Code including sections 310.05 and 310.06, and Minnesota Statutes sections 14.57 to 14.62. 2. The Notice of Hearing was proper and all substantive and procedurat requirements of law and rule have been fulfilled. 3. St. Paul Legislative Code sec. 376.16(e)(4) requires that to be eligible to be licensed, an applicant "shall have no_felony convic6ons in the last fve (5) years; shall have no nontr�c gross misdemeanor or misdemeanor convictions in the last three (3) yeazs involving possession or sale of a controlled substance". 4. Louis 7. Short, Jr. was ineligible to receive a taYi driver's license renewal from the City of St. Paul because of his two prior felony convictions in 2000 and 2001. RECONIMENDA'ITON TI' IS HEREBY RECONIMENDED: that the St. Paul City Council DENY the renewal application of Louis J. Short, Jr. for a taacicab driver's license. -2- Dated tlus r �� day of July, 2002. � �0�� Bazbaza F. Goldstein Admiiustrative Law Judge Reported: Tape recorded. No transcript prepazed. NOTICE The City is respectfully requested to serve its fmal decision upon the Administrative Law Judge by first class mail. 1 �' • � Ju This hearing was originally requested by licensee Louis 3. Short because he wanted to renew his ta�cicab license. While he has taken some steps towazd rehabilitation, he must continue to work to become drug-free to enable him to have a taYi driver's license from the City of St. Paul under the state rehabilitation statute, Minn. Statute section 364. Applicant should be encouraged to continue with his rehabilitation program so that he can become eligible to be licensed to drive a taYi in St. Paul. -3- STATE OF MIlVNESOTA ) ) ss COUNTY OF HENNEPIl� AFFIDAVTP OF SERVICE BY U.S. MAIL Barbara F. Goldstein, being first duly sworn, hereby deposes and says that on the 17th day of JULY, 2002, at the City of Minneapolis, counry and state afarementioned, she served the attached FINDINGS OF FACT. CONCLUSIONS AND RECOM1vIENDATION by depositing in the United States mail at said Ciry of Minneapolis, a true and conect copy thereof, properly enveloped, with first class postage prepaid andaddressed to the individuals named herein.: Louis J. Short, Jr. 463 Blair Avenue St. Paul, MN 44103 Virginia D. Palmer Assistant City Attomey 400 City Hall 15 West Kellogg Boulevazd St. Paul, MN 55102 .��.h<nt. r �I� � «�_,�,.�i :. �. . � � -'� Subscribed and sworn to before me this _ 1? day of July, 2002. � �L�, �l � Notary Public s ° � IANE M. HEUERMAN� . NDTARYPUBLIC ryTy ppmm, Pxpires Jan. 31, 2005 � OFFICE OF ADNIIIVISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In Re the Taxicab Driver's License Renewal Application of Louis J. Short CITY'S PROPOSED EXHIBITS Jurze 18, 2002 TO: Judge Barbara Fisher Goldsteen, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list ofthe City's proposed exhibits forthe Administrative Hearing on June 18, 2002. Exhibit No. Description Exh. No. 1 Taacicab driver license renewal Receipt For Application, Invoice, photocopy of Minnesota Driver's License and State Record Check - Hyper Terminal, dated March 6, 2002 (5 pp.); Exh. No. 2 Exh. No. 3 Exh. No. 4 Exh. No. 5 Exh. No. 6 Exh. No. 7 Exh. No. & License information (4 pp.); Ramsey County Complaint, dated October 1 l, 2000 (3 pp.); Ramsey County Court records, case 62-K4-00-003256 (5 pp.); Ramsey County Court records, case 62-K9-Ol -002730 (4 pp.); Intent to Deny Renewal License Application, dated April 25, 2002, with Affidavit of Service (3 pp.); Letter from Louis Short, dated Apri130, 2002 (1 p.); Notice of Hearing, dated May 6, 2002, with Affidavit of Service (4 pp.). RECEIPT FOR APPLICATION Date of Application: Mar 05, 2002 Received Erom: 19980000004 LOUIS J SHORT JR IOUIS J SHORT JR� 463 BLAIR AVE ST PAUL MN 55'103 CITY OF SAINT PAUL �ce af License, Inspections and EnvironmenWl Pmtection 35� SG Pet� SL Suile 300 Sainl Paul, MiMesota 55102-1510 (651)266-9090 Fax:(651)266-9124 wwx:ci.stpauLmn.u�liep In application for: T ' ver ( t ) . , - xp a e: an , . . . . Taxipb Driver' (1 ) Eff Date: Mar 05, 2002 - Exp Date: Mar 05, 2003 Lic Fee: $40.00 Amount Paid: $40.00 Total Due on this application S69.o0 Other Fees Owed $o.00 Account Total Amount Due $ss.o0 Amount Paid $69.00 Date Received Mar05,2002 Contacts: Conditioas: Outstanding Account Balance Due $O.oO Project Facilitator: ASUNCION, CORINNE inspector(s): JENTS, RICHARD (RICH) License (65'I) 26E9'116 Requirements: Bureau of Criminal Aprehension (BCA) License ApplicatioNAffidavit Licensee Photo Remrd Check � This is not a License to onp�a+p , ■ Pa9e � ot � s Application Submitted by Louis J. Short � City's Exh. No. 1 Ne�J Invoice ❑ Check this box if making any name, mailing address or phone # corrections. Please write the changes on this form. If your business license address is changing, please request a new business license application. November 8, 2000 To: LOUIS J SHORT JR 463 BLAIR AVE ST PAUL MN 55103-1658 CITY OF SAINT PAUL Office of License, Inspecfions & Environmental Protection 350 St. Peter Street, Suite 300 Saint Paul, MN 55102-1510 PHONE: (651) 266-9090 FAX: (65'!)266-9124 Invoice # : 258446 Invoice Due Dete: 01/OS/2001 Account Balance: $21.00 Pay this Amount: $21.00 HOME PHONE :65t-488-2146 Trensaction Description 980000004 Taxicab Driver (Renew) Expires: 0�{95fz^994 @ 463 BLAIR AVE G X � a�-Z.5 9-5, e�� —_ I Requirements Please make an,{�e ss cy changes to Date of Birth: d� F Drivers Licens #� & Name of Company you are Driving for:y � � � � � � �� #: � � J Transaction Total 21.00 � �� y �-- ��, s � 5 � �. �I� ,,�y ,: �., ; . � , , ., : i � i � "� �s �l I: , �� ?i.�u' .�; ; N., � , LOUIS JOHN SHORT JR 463 BLAIR AVE 5T PAUL, MN 55703 � �� S'�"�/ P�o s, {� __'- / � . License G.oup Comments Text Licensee: �OUIS J SHORT JR �BA� LOUIS J SHORT JR License#: �99g0000004 03/07/2002 To CAO for review of criminal record. CAR � 03/07/2002 �� m Application Submitted by Louis J. Short m' City's Exh.l�io. 2 Pdtlress I�y��e, CorRact � License l CardFroNer � Type C` Praperty C� Licensee �` Unofficial f' AO SVeet #. 63 SYreet Name: LAIft Street Type <Alb ` Direction: Wlb unrt x r Crty <AO> 0228R002 Od 0000043� 9 J SNORT,.LOUIS J SHORT, JR Alerm PertnR (� False Ala�ms " ' "' _'_" "" __-'_ __-_. =12RiR000 091132001 � _ Licensee OUIS J SHOR7 JR �_. _ DBA OUIS J SHCftT JR License licensee � Uc. Types � Insurerce l Bontl � Requ'vemer¢s � Licensee Neme OUIS J SHORT JR ''�� ,.,y,�,�,��, �.,� DBA OUIS J SHORT JR Sales Tax Id fA Non-Prof�: r�arker's Comp ONOA000 AA Contraq Rec'd: rDON000 AA Treining Rec'd ONO1W00 AA Fee CoNecte t NOI0000 DiscouM Rec'd: � Other A en Licenses Financiel Holtl Reasons .6^_ : � " �'S��'1�4 .$'��seM.=i�`��'71 .....�. ,��jil'� r `Fi�.. { t-t .�"�t`��,.:��,� . � licerse To: -- ��'��-`: � AAaI To CorRact JR LOUIS 'TAXICAB �RIU ()- (GSt' C V�nse Address G MeA To CarM1act r Ucense Atltlress 8ackgrountl Check Required (- Lieense # Liceruee �OUIS J SHORT Jft DBA OUIS J SHORT JR License � Ucensee . T Propei{y t' Licensee Street #: 63 .�.._... �- ' Street Llnd Ird ' C6Y: SYatc oVar1 � Dist Cwnc3 lic. Types � Insurance I. Bwd � Requ'vemerits j �' Woftiaal � Prol� FaNdffiar. ASUNCION, CORINNE Ativers Action CommeM �fH102 06 per ftS. Diredion: � Llnd C' �- Lp: Si103 �� LJCensee �.OUIS J SHORT J2 ;DBA OUISJSHOftTJR ' Sales Tex Id: !A Bus Licensee Commerits: rewew _ .... .. ..... ... ' ""'__' ... ....__�__...__..._�_' ° _ _"_' " ' ' �mab Dnver • %R 03rD5P_002 � t73A75RDQ3 N " " ' _' � ___"'' ' _. ""' ' ' ___Tata@ License # �tat� of Minnesot�'�� _ --" , � -2 �Cqunty of Ramsey CCT LIST CHARGE STATUTE ONLY 1 I52.025. Subd.2(I) �If more th2n 6 couna ❑�Domestic Assault STATE OF MINNESOTA, MOC I GOC I C� ATCY � FILE NO. PLAINTIFF, VS. W � i � �_ LAW �NFOF��.�tt��i�it`t�; CONTROLLING AGENCY 0620900 COLBT FILE NO. CO, 00I59116 DATE FILED ❑ AMENDED ❑ TAB CHARGE PREV IOOSLY FILED ❑ SERIOUS FELONY � SliMMONS � FELONY � WARRANT ❑ GROSS MISD DWI ❑ ORDER OF DETENTION ❑ GROSS MISD NAME: first, middle, last DAT'E OF BII2TH SJIS COMPLAINT NUMBER LOUIS JOHN SHORT JR. RAMSEY COUNTY 463 Blair Ave. OS/26/45 62-11-8-124312 St. Paul, MN 55104 , DEF'ENDANT COMPLAINT Tfee Complainera, 6eing du[y sw�sn, makes corr.p�-int to :h� aF.ove-nar.:e3 Cuart �n.� st,.tas .,5at there is provabte cause to befieve that the. Defeiulartt commined the following o,j�'ense(sj. The Camplainant states that the fotlowing facts establ'uh PROBABI.E CA USE: Complainant is a police officer assigned to the nazcotics unit of the St. Paul Police Department. The police reports in this case indicate that on August 11, 2000, Officers L,ehner and Anderson were working on a HEAT detail involving high police concentration in problem areas in the City of St. Paul. While doing hidden surveillance near Dale Street and Thomas Avenue at about 720 p.m., Officer I.ehner observed what he believed to be a drug transaction. A car pulled up near 642 Thomas and the passenger waved a juvenile that the officer knew over to the car. The juvenile spoke to the passenger and the passenger then gave the juvenile a$20 bill o and the juvenile spit something out of his mouth and gave it to the passenger. 0 Officer Lehner advised assisting squads that he had observed an appazent drug transaction and Officers � Anderson and Drutschmann stopped the vehicle nearby at Victoria and Sherburne Avenue. The passenger was IR identified as LOITIS JOHN SHORT, JR, d.o.b. 08-26-45, 463 Blair Avenue. Officer Drutschmann recovered v` a rock of suspected crack cocaine from the car seat. Short admitted to the police that he had just purchased the � substance. � The police crime lab analyzed the knotted plastic bag containing suspected crack cocaine and it had a weight of � 0.1 gram. Preliminary presumptive examination was positive for cocaine. Fortn C r � e �R��16 �� _ Application Submitted by Louis J. Short City's Exh. No. 3 I`�'�g �SJIS #?62-11-8-124312 . COMPLAINT SUPPLEMENT Page 2 of 3 COUNTI On or about the l lth day of August, 2000, in Ramsey County, Minnesota, the defendant, LOUIS JOHN SHORT, JR., did wrongfully and unlawfully possess one or more mixtures containin� cocaine, a schedule II controlied substance. Said acts constituting the offense of CONTROLLED SUBSTANCE CRIME IN TfIE FIFfH DEGREE (POSSESSION OF COCAINE) in violation of Minnesota Statute §152.025, Subd. 2(1) and Subd. 3(a) Masimum sentence: 5 years or $10,000 or both THEREFORE; Cc (1) arrested or (2) dektinet� i1 COMPLAINANT'S NAME: P. D. SCOTT that said Defendant, subject to bait or conditiorss of releare be: �s be taken to obtain Defe�ulant's appearance in couK; or pending junher proceedings; nnd that said Defendant otherwise be dealt with according to law. COMPLAINANT'S SIGNATURE Being duly autharized to prosecute the offense(s) charged, I hereby approve this Comp7aint. DATE: OC7 1 1 2000 PROSECUTING ATTORNEY'S SIGNATURE PROSECUTING ATTORNEY: NAMFJ'TITLE ADDRESS/TELEPHONE 70HN P. TUGHY 50 W. Kellogg Blvd., #3I5, St. Paul, MN 55102 Assistant County Attorney 651-266-3098/gp Attorney Registration #1 I 1284 l-2 9/9$ �JIS #sz-il-8-i2a3iz COMPLAIlVT SUPPLEMENT Court Caze # This COMPLAINT was subscribed and sworn to before the undersigned this dav af NAME: SIGNATUR£ TITLE: 1I� Page 3 of 3 ' � I •I: From the above swa� facts, and any supporting affidavitt or supplemental sworn testimony. !, tlze Issuing Officer, have determined that probable cause ezists to support, subject to bail or conditions of release where app(icable, Defendanr's arrest or orher lawful steps be taken to obtain DefendanYs appearance irs court, or his detentiors, if already in cuszodv, pending fi�rtl:er proceedings. The Defendant is thereof ciearged with the above-stared afferzse. � �'�/ THEREFORE You, THE ABOVE-NAMED DEFENDAM, ARE HEREBY SUMMONED ro appear on the 7th dar of Novem6er, 2000 at 1:30 P.M., befare the above-named coun at 14 West Kellogg Boulevard, St. Paul, Minnesota, ro answer this complaint. !F YOU FAIL TO APPEAR in response to this SUMMONS, a WARRAM FOR YOUR ARREST shall be issued. ❑ ❑ EXECUTE IN MINNESOTA ONL� � EXECUTE NATIONWIDE To the Sheriff'of the above-named counry; or other person aurhorized to execute this WARRANT: 1 hereby order, in the name of the State of Minnesora, that die above-named Defendant be apprehended and arrested without de[ao and brought promptly before the above-named court (if in session, qnd if nat, before a Judge or Judicia( Officer of such court without unnecessarv de(ay, and in any event notlater than 36 hours afrer the arrest or as soon thereafter as such Judge or Judicial Officer is avai(able) to be dea[t with according to law. ❑ I'/ • I I / Since the above-named Defendant is a[ready in custody; / hereby order, subjecr to bail or conditions of release, thar the above- named Defendant continue to be detained pending further proceedirzgs. Bai[: $ Conditions of Release: This COMPLAlNT — SUMMONS, duly subscrtbed and sworn to, is issued by the undersigned Judicial Officer this day of 2000. JUDIC/AL OFFICER: NAME: TITLE: OCT 1 12DDD SlGNATURE Sworn testimony has been given before the Judicial Officer by the fo[lowing witnesses: STATE OF MINNESOTA COUNTY OF RAMSEY STATE OF MINNESOTA �� LOLTIS JOHN SHORT, JR. Defendant Plaintiff, Clerk's Signature or File Stamp: RETURN OF SERVICE I hereby Cenify and Return that I have served a copy of this COMPLAlNT — SUMMONS upon rhe Defendant herein named. 9/98 r -. . . + �= SD1008.0/020314:09505729 Criminal Case Summary 62-K4-00-003256 Felonv nate filed: 10/11/2000 Name: SHORT, LOIIIS JOHN, [MCE/081100] Alias- DOB: 08/26/1945 Sex: Male Dfnt Attrny: RELLEY MAI�ONE O'NEILL ?'�P e Public Def Dfnt Status: � Recog Status Date: �L/26/2002 gail Amount: Case Status CLOS$D Offense Date: 08/11/2000 Warrant Date: Location: 1 Continuances: � Trial Type: Jurisdiction: District CCT Plea Charge Chap/Sect/Subd GOC UOC Verdict 001 GUILTY POSS DRUGS STA DEGRE 152.025 213A N DH5A0 Convicted Date Last 02/26/2002 Pending 02/O1/2005 OS/13/2007 Disposition Date Next Activity Time Closed 5:30 Sp Acct Rv Archive Judge FC— 04 06 08 10 CRTRM G^'. ;u LL��aQ�TR�p�, DistnctCourtAdmini�rffiot, FR. : St�::a os FAtnnesota, does hereby c� �`.� a��ached js�'s��ient is a�ttue aa� �-.,�y af•tt�e c 'nai on fde and , €�_ t. . . Oate�. . � G'1 � � �" �� - � � Reg. No.._ __� � Application Submitted b� Louis .J. Short I City's Exh.1Vo. 4 c SD1009.0/020314:09505995 Criminal Sentencing Inquiry Last 62-K4-00-003256 Felony nate filed: 10/11/2000 Defendant: SHORT, LOUIS JOHId, [MCE/081100] SENTENCING: Date- Judge- Stay Imposition: COUNTS: 001 SENTENCE Year Mos Davs Pronounced 1 _ 1 Probation 5 — Conditional — Lenath Of Stdy 5 Fined $ 100.00 ' Surcharcte $ 40.00 j Costs $ 0.00 Public Def. $ 0.00 IRestitution $ 0.00 �� Recipient: 21 Confinement Probation Residential NCIC: M�062023C NCIC: MN062013G �,pe S Treatment: _ , This Other Staved $ 0.00 Cmqlnt Cmpint Concurrent, X ,Consecutive, _ , – Other Court Provisions: 365 548 540 DL Suspend: Reinstated: Alchl Assess i School : Date- Waived � COMMENTS: �MITS PV 02-26-02 �PRIGHT: SRV SDYS - CRD SDYS; CONT PROB ST&C: CONCUR W/K9-01-2730: DEFT OR'D Next FC— O1 02 03 06 07 08 09 12 $ FINE REMAINS SDL . .� ..,� r. SD1019.0/020314:09504749 Activity Summary First 62-K4-00-003256 Felony nate filed: 10/11/2000 The State of Minnesota Date Activit Start/End Jud4e CrtRm Intrp Chcrs Cont SrvcDate 10 11 00 Case Filed 10:07 10:07 COMPLAINT AND SIIMMONS FILED PP _ 11/07/00 lst Distrt 01:20 L Cohen ADC PD DEN, FC 1ST APP W/ATTY 11-21-00 1:20 PM ADC _ 11/20/00 Clerical 04:05 Administrative JOY BARTCHER GOT OIC FROM BUCRMAN TO CONTIN 11/28 _ 11/28/00 Hearing 01:20 P Flynn ADC PRIV ATTY, NP, FC FEL OH/DIV REF 12-15-00 1:15 PM ADC _ 11/28/00 Cert Rep 01:26 CERTIFICATE OF REPRESENTATION, ATTY; JOY BARTSCAER _ 12/15/00 Hearing 01:15 G Bastian ADC DIV APP - FC FEL OH/REM STUDY 1-18-01 1:15 ADC _ O1/18/O1 Clerical 11:01 Administrative PER PHONE CALL FROM JOY BARTSCHER, & OK'D BY JUDGE ROSAS FC FO FROM 1/18/O1 TO 1/26/O1 1:15 ADC _ O1/26/O1 Hearing 01:15 J Campbell ADC FC FO 2/1/O1 1:15 ADC _ O1/26/O1 Doc. Filed 02:08 RULE 7&9 NOTICES FILED BY STATE AMP _ OI/31/O1 Clerical 08:45 Administrative PER MOD REQ FROM JESSICA HUBLE; PROJ REMAND FC FEL OIi/REM STUDY FROM 2-1-01 TO 3-7-01 1:15 _ 03/07/O1 Hearing 01:15 J Campbell ADC DIV ACC, FC DIV DISM'L 3-7-02 1:20 PM ADC _ 03/07/O1 Order 02:24 & MTN OF STATE ORD FOR CONTINUANCE CF CF _ 03/07/O1 Closed 05:30 _ O8/31/O1 Clerical 10:43 Administrative PER MOD REQ FROM JESSICA, PRJ REMAND, ADV FOR UNSUCCESSFUL DIV TERM FRM 3/7/02 TO 9/13/O1 1:15 ADC AMP _ 09/13/O1 Hearing 01:20 J Clark ADC NA DEFT IN HOSPITAL, FC DIV TERM 9/26/O1 1:15 ADC AMP _ 09/26/O1 Plea Hrag 01:15 W Wright CH OR - UNSUCESSFUL DIVERSON TERM - PG AS CHARGED; FC PSI/SENT 11/13/O1 1:30 WRIGHT 130 _ 09/26/O1 Doc. Filed 02:30 PETITION TO ENTER PLEA OF GUILTY IN A FELONY CASE _ 09/26/01 Pre-sntORD 02:31 _ 11/13/O1 Sentencing 01:30 W Wright CH lY & 1D SS PO 5Y5 1-SV 21D CR 5 HC/WR/STS OK TSI USL CND PO;LA;ABST;RNDM UA;TRMT PPsR PO CONC W/ K9012730 LD _ 11/13/O1 AuditorPas 03:14 LOUIS JOHN SIiORT 463 BLAIR AVE ST PAUL, MN 55104 DOB: 8/26/45 DOS: 11/13/O1 LD _ 11/13/O1 Hearing 03:42 J Owczynsky TO PAY $140.00 ON OR BEFORE 12/28/O1 JO ALSO SEE K9012730 JO _ 11/13/O1 Closed 05:30 _ 12/20/O1 Doc. Filed 01:19 PROBATION AGREEMENT CF MG CF CF TMS AMP AMP PM ADC CF � PM 8AM11/27/O1 ii�; J _ �11�a^.'7,.,t02 Transcript 09:52 TRANSCRIPT OF PLEA ON 9/26/O1 FILED LHIi _ O1/07/02 Transcript 09:52 TRANSCRIPT OF SENTENCING ON 11/13/O1 FILED LHH _ O1/15/02 Clerical 03:26 SF3NT LETTER TO JUDGE SIN Next F� Ol 02 03 04 06 10 ,.^-" SD1019.0/020314:09505060 Activity Summary Cont. 62-R4-00-003256 Felony nate filed: 10/11/2000 The State of Minnesota vs. LOUIS JOHN SHORT, [MCE/0811001 Date Activit Start/End JudcTe CrtRm Intrp Chqs Cont SrvcDate Ol 22 02 Ref to MCE 03:12 REFER TO COLLECTIONS. SIN _ 02/14/02 Warrant 07:58 W Wright PV FILED BY BRIICE ICIMLINGER FT CPLT TX; FT ABSTN DRIIGS; FT RPT FOR PO MTG 2-6-02 MEM _ 02/25/02 War Retd 08:23 Administrative DEFT ARRESTED ON PV WARR - SET FOR PV HRG 2-26-02 1:30PM WRIGHT SAB _ 02/26/02 ProbVioArg 01:31 W Wright CH ADMITS PV 02-26-02 WRIGHT: SRV 5DYB - CRD 5DYS; FINE REMAINS: CONT PR08 ST&C: CONCURRENT W/K9-01-2730 DEFT OR'D SDL _ 02/26/02 Closed 05:30 ______________________________Pending Activities =______________________________ 02/O1/O5 Sp Acct Rv MCE SIN 05/13/07 Archive SD1009.0/020314:09513065 Criminal Sentencing Inquiry Last 62-R9-01-002730 Felony nate filed• 07/31/2001 Defendant: SAORT, LOU25 JOHN, [070801] SENTENCING: Date- Judge- Stay Imposition: COUNTS: 001 SENTENCE Year Mos Davs Pronounced 1 _ , 1 Probation 5 — Conditional — Lenqth of Stav' 5 � Fined $ 100.00 Surcharqe $ 40.00 Costs $ 0.00 I Public Def. $ 0.00 �Restitution S 0.00 Recipient: DL Suspend: Confinement NCIC: �062023C Probation NCIC: MN062013G T�e S Residential Treatment: 21 — This Other Staved S 0.00 Cmpint Cmnlnt Concurrent', X ,Consecutivel – – Other Court Provisions: 365 542 540 Reinstated: Alchl Assess: School : Date- Waived COMMENTS: �MITS PV 02-26-02 WRIGHT: SRV SDYS-CRD 5DYS; FINE REMAINS: CONT PROB ST&C: CONCUR W/K4-00-3256: DEFT OR'D SDL Next FC— O1 02 03 06 07 08 09 12 y d � � SD1019.0/020314:09512048 Activity Summary First 62-R9-01-002730 Felony nate filed: 07/31/2001 The State of Minnesota Date Activit Start/End Judae CrtRm Intro Ch4s Cont SrvcDate 07 31 O1 Case Filed 12:06 12:06 COMPLAINT AND SIIMMONS FILED PP _ 08/O1/O1 Clerical 07:50 Administrative LINK TO JAIL _ 08/30/O1 lst Distrt 01:20 M Monahan ADC FC FEL OH: 09-13-01 AT 1:15PM ADC _ 08/30/O1 Cert Rep 01:45 CERTIFICATPs OF REPRESENTATION FILED. ATTY: JOY D. BARTSCHER #172315 _ 09/O1/O1 Doc. Filed 12:43 REQUEST FOR DISCLOSURE RULE 9.01 _ 09/04/01 Motion Fld 12:41 NOTICE OF MTN AND MTN TO SUPRESS AND FOR DISMISSAL _ 09/04/O1 Doc. Filed 01:09 NOTICE OF DEFENSE AND DEFENSE WITNESSES PURSUANf TO RUI,E 9.02 _ 09/13/O1 Hearing 01:15 J Clark ADC DEFT IN HOSPITAL FC FO 9/26/O1 1:15 ADC _ 09/26/O1 Plea Hrng 01:15 W Wright CH OR - PG AS CHARGED; FC PSI/SENT 11/13/O1 1:30 WRIGHT 130 _ 09/26/O1 Doc. Filed 02:28 PETITION TO ENTER PLEA OF GUILTY IN A FELONY CASE _ 09/26/O1 Pre-sntORD 02:29 _ 11/13/O1 Sentencing 01:30 W Wright CH lY & 1D SS PO SYS;SV 21D CR 3 HC/WR/STS OK TSI 8AM $100 + FEES;USL CND PO;LA NO S/S;ABST;RNDM UA;TRMT CONC W/K4003256 LD _ 11/13/O1 AuditorPas 03:19 LOUIS JOHN SHORT 463 BLAIR AVE ST PAUL, MN 55104 DOB: 8/26/45 DOS: 11/13/O1 LD _ 11/13/01 Hearing 03:41 J Owczynsky SDL SDL AD AD AD AMP PM PM 11/27/Ol PER PO TO PAY $140.00 ON OR BEFORE 12/28/O1 AL50 SEE K4003256 JO _ 11/13/O1 Closed 05:30 _ 12/20/01 Doc. Filed 01:18 PROBATION AGREEMENT _ O1/07/02 Transcript 09:50 TRANSCRIPT OF PLEA ON 9/26/O1 FILED _ O1/07/02 Transcript 09:51 TRANSCRIPT OF SENTENCING ON 11/13/O1 FILED _ O1/15/02 Clerical 03:26 SENT LETTER TO JUDGE _ O1/22/02 Ref to MCE 03:13 REFER TO COLLECTIONS. _ 02/13/02 Warrant 07:56 W Wright PV FILED BX BRUCE KIMLINGER FT CPLT CD TX; FT ABSTN DRUGS; FT PRT TO PO MTG 2-6-02 _ 02/25/02 War Retd 08:24 Administrative DEFT ARRESTED ON PV WARR - SET FOR PV HRG 2-26-02 1:30PM WRIGHT _ 02/26/02 ProbVioHrg 01:31 W Wright CH AD LHIi LHH SIN SIN MEM SAB ADMITS PV 02-26-02 WRIGHT: SRV 5DY5 - CRD SDYS; FINE REMAINS: CONT PROB ST&C: CONCURRENT W/K4-00-3256 DEFT OR'D SDL _ 02/26/02 Closed 05:30 � � . __`------ ---------------=====Pending Activities =______________________________ �"L��1��5 Sp Acct Rv � MCE SIN 05/13/07 Archive Next Fc� O1 02 03 04 06 10 r_ i• . OFFIC� THE CITY ATTORNEY Manuel anlu,CiryAttorney CITY OF SAINT PAiJL Civil Divisiors Randy G Ke11y, Mayor 400 City Hal1 15 West Kellogg Blvd. Saint Paul, Minnuota 55IO2 i Apri125, 2002 INTENT TO DENY RENEWAL LICENSE L,ouis J. Short, Jr. 463 Blair Avenue Saint Paui, Minnesota 55103 RE: Application for Tasicab Driver's License Renewal by Louis J. Short, Jr. License ID 19980000004 Dear Mr. Short: Telephone: 651 266-87I0 Facsimile: 651298-5619 The Office of License, Inspections and Environmental Protection has recommended that your taxicab driver's license for the City of Saint Paul not be renewed. The basis for the recommendation is as follows: A review of your criminal history shows that you have two felony convictions for Possession of Drugs from offense dates of August 11, 2000 and July 8, 2001, to which you pled guilty and were sentenced on November 13, 2001. Saint Paul Legislative Code §376.16(e)(4) requires that to be eligible to be licensed, an applicant "shall have no felony convictions in the last five (5) years; shall have no nontraffic gross misdemeanor or misdemeanor convictions in the last three (3) years involving ... possession or sale of a controlled substance." 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 recommendation of the licensing office, you will need to send me a letter admitting the violations and requesting a public hearing. The matter will then be scheduled for a hearing before the City Council to determine the disposition of the renewal of your taxicab drivers license. You will have an opportunity to appear and speak on your own behalf, ar to have someone appear there for you. AA-ADA-EEO Employer � ��6� e Application Submitted bv Louis J. Short ti City's �+ xh. No. 6 � r Page 2 • Louis J. Short, Jr. Apri125, 2002 � On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing before an Administrative Law Judge (AL�. If you wish to have such a hearing, please send me a letter stating that you are contesting the facts. You will then be sent a"I�Iotice of Hearing," so you will laiow when and where to appear, and what the basis for the hearing will be. In either case, please let me know in writing no later than Monday, May 6, 2002, how you would like to proceed. If you have not contacted me by that date, I witl assume that you are not contesring 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 penalty will be imposed. If you have any questions, £eel free to contact me at 266-8710. Sincerely, V �� G �� Virginia D. Palmer Assistant City Attomey cc: Christine Rozek, LIEP Rich Jents, LIEP AA-ADA-EEO Employer ,,.... �- � � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on Apri125, 2002, she served the attached INTENT TO DENY RENEWAL LdCENSE placing a true and correct copy thereof in an envelope addressed as follows: L,ouis J. Short 463 Blair Avenue St. Paul, MN. 55103 (which is the last lrnown address of said person) depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. /—\ _ Subscribed and sworn to before me this 25th day of April, 2002. Notary Public PETcR P. PANG90RPS NOTAhY � �&L�C - h41R1Nc507p 1°'J C4Jtv1MISSlCRf �x�s�=s ,�a,,, s�, a� r-•- "• - • OFFI�F THE CIT1' ATTORNEY Manue rvantu, CityAttorney CITY OF SAINT PAUL Randy C Kelly, Mayor May 6, 2002 Civil Division 900 Ciry NaII I S Wut Kel[ogg Blvd. Saint Paul, Minnesota 55702 NOTICE OF HEARING Louis J. Short, Jr. 463 Blair Avenue Saint Paul, Minnesota 55103 RE: Application for Tasicab Driver's License Renewal by I,ouis J. Short, Jr. License ID 19980000004 Dear Mr. Short: Telephone: 651 266-8710 Facsimile: 65! 298-5619 Please take notice that a hearing will be held at the following time, date and place concerning your tasicab drivers license renewal application identified above: Date: Tuesday, June 18, 2002 Time: 9:30 a.m. Place: Room 42 St. Paul City Hali 15 W. Kellogg Blvd. St. Paul, MN. SSIO2 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Barbara Fisher Goldsteen Office of Administrative I�earings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: (952)512-1696 AA-ADA-EEO EmployeT � y�.l �� — �ppiication Submitted bv 1-ouis .d. Shori. _ City's Exh. No. 8 �� The Council of the City of�J![int Paul has the authority to provide f�earings conceming licenses and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310_06, of the Saint Paul Legislative Code. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against your license as follows: A review of your criminal history shows that you have two felony convicrions for Possession of Drugs from offense dates of August 11, 2000 and July 8, 2001, to which you pled guilty and were sentenced on November 13, Z001. Saint Paul Legislative Code §376.16(e)(4) requires that to be eligible to be licensed, an applicant "shall have no felony convictions in the last tive (5) years; shall have no nontraffic gross misdemeanor or misdemeanor convictions in the last three (3) years involving ... possession or sale of a controlled substance." 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 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 identifythemselves 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 witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and materiai testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepaze Findings ofFact, 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 conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. 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. Notice of Hearing - Page 2 I If you fail to appear at the�ring, your ability to chalienge the alle�ions will be forfeited and the allegations 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 maybecome public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. If you have any questions, you can cail me at 266-8710. V ery truly yours, -�/��.�� Virginia D. Palmer Assistant City Attomey cc: Diane Nordstrom, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, Deputy Director, LIEP Rich Jents, LIEP Notice of Hearing - Page 3 J�J • • � STATE OF MINNESOTA ) ) ss. COUNT'Y OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL 70ANNE G. CLEMENTS, being first duly sworn, deposes and says that on May 6, 2002, she served the attached NOTICE OF HEARING placing a true and correct copy thereof in an envelope addressed as follows: L.ouis J. Short, Jr. 463 Blair Avenue St. Paul, NIN. 55103 (which is the last known address of said person) United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 6th day of May�2002. l Notary Public NO AR�PUBl1C�MIN$ f�+0 A MY COi�//11[�A1S g-data,�S JAM.35, 2C1?5 e CRIMINALS; REHABILITATION Chapter 364 CRIMINAL OFFEAiDERS, REHABILITATIOAi Section 364.01. 364.02. 364.03. 364.04. 364.05. 364.06. 364.07. 364.OS. 364.09. 364.10. Policy. Definitions. Relation of conviction to employment or occupation. Availability of records. No[ification upon denial of employment or disqualefication from occupation. Violations, procedure. Application. Practice of law; exception. Exceptions. Violation of civil rights. WESTI,AW Computer Assisted Legal Reseazch WESTLAW supplements your legal research in many ways. WESTLAW allows you to • update your research with the most current information • expand your library with additional resources • retrieve direct history, precedentia[ history and parattel citations with the Insta-Cite service For more information on using WESTLAW to supplement your research, see the WESTLAW Electronic Research Guide, which follows the Preface. 364,01. Policy The legislature declares that it is the policy of the state of Minnesota to encourage and contribute to the rehabilitation of criminal offenders and to assist them in the resumption of the responsibilities of citizenship. The opportunity to secure employment or to pursue, practice, or engage in a meaningful and profitable trade, occupation, vocation, profession or business is essential to rehabilitation and the resumption of the responsibilities of citizenship. I.aws 1974, c. 298, § 1. Convicts al. Criminal Law «1205 et seq. ti'ESTLAW Topic Nos. 98, 110. Ltbrary References C.J.S. Convicts §§ 2, 3. C.J.S. Criminal Law §§ 1458, 1460. 271 § 364.01 Procedure 2 Validity 1 CRIMINALS, REHABILITATIOAT Notes of Decislons 1. Validtty This xction dedaring it to be policy of state [o encourage rehabilitation of criminal offend- ers and to assist them in resumption of respon- sibifities of citizenship, setting forth standards and procedures to be followed when offender seeks public empioyment and stating that vio- lation of such statutory rights is violation of civil rights does not create even conditional entidement to public employment or establish federal constitutional right or universal right; thus, removal of plaintifFs name from eligibili- ty list for classified civil service position as city fire fighter did not deprive plaintiff of due process and equal protection of laws guaran- 364.02. Definitions teed by Fourteenth Amendment. Vruno v. Schwarnvalder, C.A.1979, 600 F.2d 124. This section declaring it to be policy of state to encourage rehabilitation of criminal offend- ers and assist them in resumption of responsi- bilities of citizenship, setting forth standards and procedures to be followed when offender seeks public employment and stating that vio- lation of such statutory rights is violation of civil rights applies even if criminal conviction is only part of reason for denial of public employment. Id. 2. Procedure County is required to invoke mechanisms of the Administrative Procedure Act upon an ag- grieved party s assertion of alleged violation oE Minnesota Criminal Rehabilitation Act. Com- mers v. Spar[z, 1980, 294 N.W.Zd 321. Subdivision I. For the purposes of sections 364.01 to 364.10, the terms defined in this section have the meanings given them. Subd. 2. "Occupation" includes all occupations, trades, vocations, profes- sions, businesses, or employment of any kind for which a license is required to be issued by the state of Minnesota, its agencies, or political subdivisions. Subd. 3. "License" includes all licenses, permits, certificates, registrations, or other means required to engage in an occupation which are granted or issued by the state of Minnesota, its agents or political subdivisions before a person can pursue, practice, or engage in any occupation. Subd. 4. "Public employment" includes all employment with the state of Minnesota, its agencies, or political subdivisions. Subd. 5. "Conviction of crime or crimes" shall be limited to convictions of felonies, gross misdemeanors, and misdemeanors for which a jail sentence may be imposed. No other criminal conviction shall be considered. Subd. 6. "Hiring or licensing authority" shall mean the person, board, commission, or department of the state of Minnesota, its agencies or political subdivisions, responsible by law for the hiring of persons for public employ- ment or the licensing of persons for occupations. Laws 1974, c. 298, § 2. 364.03. Relation of conviction to employment or occupation Subdivision 1. Notwithstanding any other provision of law to the con- trary, no person shall be disqualified from public employment, nor shall a person be disqualified from pursuing, practicing, or engaging in any occupa- tion for which a license is required solely or in part because of a prior conviction of a crime or crimes, unless the crime or crimes for which convicted directly relate to the position of employment sought or the occupa- tion for which the license is sought. 272 rioH �no v, F state �ffend- ponsi- idards ender u vio- on of iction �ublic ms of m ag- on of Com- :rms �fes- ired ons. ons, j or re a ° of s of nce ard, ical loy- on- ll a :pa- •ior ich pa- CRiMIriALS REHABILITATIOAi § 364.03 Subd. 2. In determining if a conviction directly relates to the position of public employment sought or the occupation for which the license is sought, the hiring or licensing authority shall consider: (a) The nature and seriousness of the crime or crimes for which the individual was convicted; (b) The relationship of the crime or crimes to the purposes of regulating the position of public employment sought or the occupation for which the license 15 SOUgIlt; (c) The relationship of the crime or crimes to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the position of employment or occupation. Subd. 3. A person who has been convicted of a crime or crimes which directly relate to the public employment sought or to the occupation for which a license is sought shall not be disqualified from the employment or occupation if the person can show competent evidence of sufficient rehabilita- tion and present fitness to perform the duties of the public employment sought or the occupation for which the license is sought. Sufficient evidence of rehabilitation may be established by the production of: (a) A copy of the local, state, or federal release order; and (b) Evidence showing [hat at least one year has elapsed since release from any local, state, or federal correctional institution without subsequent convic- tion of a crime; and evidence showing compliance with all terms and conditions of probation or parole; or (c) A copy of the relevant department of corrections discharge order or other documents showing completion of probation or parole supervision. In addition to the documentary evidence presented, the licensing or hiring authority shall consider any evidence presented by the applicant regarding: (i) The nature and seriousness of the crime or crimes for which convicted; (2) All circumstances relative to the crime or crimes, including mitigating circumstances or social conditions surrounding the commission of the crime or crimes; (3) The age of the person at the time the crime or crimes were committed; (4) The length of time elapsed since the crime or crimes were committed; and (5) All other competent evidence of rehabilitation and present fitness presented, including, but not limited to, letters of reference by persons who have been in contact with the applicant since the applicant's release from any local, state, or federal correctional institution. Laws 1974, c. 298, § 3. Amended by Laws 1986, c. 444. Hlstodcal and Statutory Notes The 1986 amendment authorized the remov- ai of nonsubstantive gender specific references. 273 s a > § 364.03 CRIMIATALS, REHABILTTATIOI�t Library References Convicts c�l. CJ.S. Convic[s §§ 2, 3. Licenses a20. CJS. Licenses §§ 39 to 41. Officers and Public Employees a31. CJ.S. Officers and Public Employees § 22. WHSTLAW Topic Nos. 98, 238, 283. WFSTLAW Electronic Research See WFSTLAFV Electronic Research Guide following the Preface. Notes of Decisions ConstrucHon and applicaHon 1 1. Constructlon and applicatlon School district did not violate this section by discharging teacher based on his commission of theft by swindle, where crime involved em- bezzlement from co-workers of several thou- sand dollars over period of years and affected teacher's fitness to teach because of irremedia- ble nature of his conduct. Matter of Shelton, App.1987, 408 N.W2d 594. City council and committee thereof could properly conclude that applicant's conviction for attempted theft by trick was directly relat- ed to operation of massage parlor for which he sought renewal of license•, thus, denial of li- cense did not violate state's policy�of encourag- ing rehabilitation of criminal offenders given that evidence did not compel finding that ap- plicant had proved rehabilitation and present fitness for operacing the massage parlor. Pe- terson v. Minneapolis City Council, 1978, 274 N.W2d 918. Evidence, which established that some em- ployees of massage parlor license renewal ap- plicant had been convicted of prostitution un- der circumstances in which applicant knew or should have known that the employees were engaging in such acts on premises and that applicant's conviction for attempted theft by trick directly related to operation of business in that applicant did not show evidence of rehabilitation, was sufficient to support city council's denial of application. Id. Inasmuch as this section superseding city ordinance governing motion picture theaters was enacted during pendency of appeal from order denying temporary injunction against enforcement of ordinance and city did not intend to base any license denial upon ordi- nance or to arrest motion picture theater oper- ators for operating theater without license is sued pursuant to the ordinance, appeal was rendered moot. Conaway v. City of Minne- apolis, 1974, 301 Minn. 494, 222 N.W.2d 70. 364 .04. Availability of records The following criminal records shall not be used, distributed, or disseminat- ed by the state of Minnesota, its agents or political subdivisions in connection with any application for public employment nor in connection with an application for a license: } (1) Records of arrest not followed by a valid conviction. (2) Convictions which have been, pursuant to law, annulled or expunged. (3) Misdemeanor convictions for which no jail sentence can be imposed. I,aws 1974, c. 298, § 4. Law Revlew Commentaries Data privacy: Everything you wanted to Gemberling and Gary A. Weissman. 1982, 8 know about the Minnesota Government Data Wm.Mitchell LRev. 573. Practices Act—from "A" to "Z". Donald A. 274 ATION "' ees § 22. �9�s, na ome em- iewal ap- ution un- knew or ees were and that theft by business dence of �port city ding city theaters >eal from i against did not oon ordi- �ter oper- icense is peal was �f Minne- W.2d 70. eminat- nection vith an punged. nposed. 1982, 8 CRIMIAtAIS, ��B�TATIOAZ § 364.07 364.05. NTotiflcation upon denial of employment or disquallflcation from occupatlon If a hiring or licensing authority denies an individual a position of public employment or disqualifies the individual from pursuing, practicing, or en- gaging in any occupation for which a license is required, solely or in part because of the individual's prior conviction of a crime, the hiring or licensing authority shall notify the individual in writing of the following: (1) The grounds and reasons for the denial or disqualification; (2) The applicable complaint and grievance procedure as set forth in section 364.06; (3) The earliest date the person may reapply for a position of public employment or a license; and (4) That all competent evidence of rehabilitation presented will be con- sidered upon reapplication. Laws 1974, c. 298, § 5. Notes of Declsions Admissib[lity of evidence 2 ten notification of the grounds therefor. Peter- Reapplication 1 son v. Minneapolis City Council, 1978, 274 N.WZd 918. 1. ReapplicaUon 2. Admtssibility of evidence City's failure to notify applicant for renewal Arrest reports of applicant were admissible oE massage pador license as to when he could in adminis[rative proceeding for renewal of reapply did not aEfect validity of denial of his massage pador license. Peterson v. Minne- application, which was accompanied by writ- apolis City Council, 1978, 274 N.W.2d 918. 364.06. Violations, procedure Any complaints or grievances concerning violations of sections 364.01 to 364.10 shall be processed and adjudicated in accordance with the procedures set forth in chapter 14, the administrative procedure act. Laws 1974, c. 298, § 6. Amended by Laws 1982, c. 424, § 130. Alstorical and Statutory 11Totes Laws 1982, c. 424, § 130 instructed the revi- the administrative procedure act if it is recom- sion of statutes to update chapter references to piled. Notes of Decisions Adjudication t grieved party's assertion of alleged violation of Minnesota Criminal Rehabilitation Act. Com- mers v. Spartz, 1980, 294 N.W.2d 321. I. Adjudication County is required to invoke mechanisms of the Administrative Procedure Act upon an ag- 364.07. Application The provisions of sections 364.01 to 364.10 shall prevail over any other laws and rules which purport to govern the granting, deniat, renewal, suspension, 275 � § 364.07 c�uxa�.s, �xnsiLrrnTTOH or revocation of a license or the initiation, suspension, or termination of public employment on the grounds of conviction of a crime or crimes. In deciding to grant, deny, revoke, suspend, or renew a license, or to deny, suspend, or terminate public employment for a lack of good moral character or the like, the hiring or licensing authority may consider evidence of conviction of a crime or crimes but only in the same manner and to the same effect as provided for in sections 364.01 to 364.10. Nothing in sections 364.01 to 364.10 shall be construed to otherwise affect relevant proceedings involving the granting, denial, renewal, suspension, or revocation of a license or the initiation, suspension, or termination of public employment. Laws 1974, c. 298, § 7. Amended by Laws 1985, c. 248, § 70. HistorIcal and Statutory Riotes Laws 1985, c. 248, § 70 directed the revisor of statutes to delete references to regulations and replace them with references to rules. 364.08. Practice of law; exception This chapter shall not apply to the practice of law; but nothing in this section shall be construed to preclude the supreme court, in its discretion, from adopting the policies set forth in this chapter. Laws 1974, c. 298, § 8. Library References Attorney and Client <539, 61. WESTLAW Topic No. 45. C.J.S. Attorney and Client §§ 71 to 74, 122 to 130. 364.09 Exceptions (a) This chapter shall not apply to the practice of law enforcement, to fire protection agencies, to eligibility for a private detective or protective agent license, to eligibility for a family day care license, a family foster care license, a home care provider license, to eligibility for school bus driver endorse- ments, or to eligibility for juvenile corrections employment where the offense involved child physical or sexual abuse or criminal sexual conduct. (b) This chapter does not apply to a school district. (c) Nothing in this section shall be construed to preclude the Minnesota police and peace officers training board or the state fire marshal from recommending policies set forth in this chapter to the attorney general for adoption in the attorney general's discretion to apply to law enforcement or fire protection agencies. Laws 1974, c. 298, § 4. Amended by Laws 1953, c. 304, § 5; Laws 1986, c. 444; Laws 1986, ls[ Sp., c. 1, art. 9, § 28, eff. April 10, 1986; Laws 1987, c. 378, § 16, eff. June 3, 1987; Laws 1989, c. 85, § 1; Laws 1989, c. 171, § 8, eff. May 20, 1989; Laws 1989, c. 290, art. 8, § 2; Laws 1990, c. 542, § 16. 276 CB T af car ter t noi L [he eli� � ah t;o ,ITATION :nation of �imes. In - to deny, character idence of � the same ons 364.01 sinvolving nse or the ing in this discretion, 11 to 74. 122 to nent, to fire ective agent care license, �er endorse- e the offense 1CL. e Minnesota tarshal from � generaI for :orcement or >. c. 444; Laws 16, eff. June 3, Laws 1989, c• CRIMIAIALS, REHABILITATIONt § 364.10 Historical and Statutory 111otes The 1983 amendment excepted eligibility for par. (c), and added par. (b) excepting school a family day care license or a family foster districu from the application of this chapter. care license from ihe application of this chap- Iyws 1989, c. 171, § 8 added the exception ter. relating to eligibiliry for a private detective or Iaws 1986, c. 444, authorized ihe removal of Protective agent license. nonsubstantive gender specific references. Laws 1989, c. 290, art- 8, § 2, in par. (a), excepted fire protection agencies from the ap- Laws 1986, lst Sp., c. I, art. 4, § 28 inserted p�ication of this chapter, and extended the the requirement that this chapter not apply to scope of par. (c) io cover the recommendation eligibili[y for school bus driver endorsements. of policies by the state fire marshal for applica- The 1987 amendment excepted etigibility for tion to fire pro[ection agencies. a home care provider license from the applica- The 1990 amendment added "or to eligibility tion of this chapter. for juvenile corrections employment where the offense involved child physical or sexual abuse Laws 1989, c. 85, § 1 designated the first or criminal sexual conduct" to [he end of par. sentence as pac (a) and the last sentence as (a). 364.10. Violation of civil rights Violation of the rights established in sections 364.01 to 364.10 shall consti- tute a violation of a person's civil rights. Laws 1974, c. 298, § 10. , � I.aw Review Commentaries An overview oF inmate rights, lames P. Cul- len, Esq. 34 Bench and Bar No. 8, p. 26 (Feb. 1978). �; � ,, 277 § .',63.14 Note 13 ta r- Ra7gor, 2001, 620 1.R�2d-680, certiorzri gracted 121 S.Ct `L>14, 150 L.Ed2d 205. Ptineiple` of judicia] ecoaomy did not require that statnte of limiTations on state age diserimir,a- tion elaims brought by employees against state unn'ersity, �chich u re51ed in state eourt after f�deral eourt dismissed state law cla"vns, be tolled duzing pendency of federal action, as policy eonsid- erations cannot m•erride Eleventh Arnendment limit%tions on Congress's authority to affeet claims ao ;n:t states in state court U.S.CAConst 9mend. 11. Aegents of Univetsity of Minnesota t Raygor, 2001, 620 ?�T.W2d 680, certiorari granted 121 SCt 2214, 150 L.Ed?d 208. Equitable prineiples did not require tolling oy staWte of limitations on state ]aw age discrimina- tion claim after cla'vn was dismissed in federal court on Ele� Amendment grounds and re5led in staEe court, as law was e]ear that federat district eoint could not exercise jurisdiction oyer supple- menta] state claims. Regents of University of Minnesota v. Raygor, 2001, 620 N.W2d 680, certio- rari granted 121 S.Ck 2214, 150 L.Ed2d 208. Under the federal supplemental jurisdiction stat- ute, tk�e ]imitations period for asserting la;,.� under the Minnesota Human Rights Aet (MHRA) is tolled during the pendency of a federal district court action alleging MHRA claims and similar claims undu the Age Discrimination in Employ- ment Aet (ADEA), even ff the federal district eourt aetion is ultimately dismissed on Eleventh Amend- ment grounds. Raygor v. Uniaersity of Minneso- fa, App2000, 604 N.W2d 128, re�zew granted, reversed 620 N.W2d 680, eertlorari granted 121 S.Ct 2`L14, 150 L.Ed2d 208. Limitations period of the Minnesota Human Rights Aet (MHRA) section requa that suit be brougLt within 45 days after notice of admu,istra- tive dismissal of a chazge would be equitably tolled pending federai eourt's dismissal of university em- ployees' pendant state law age discrimination elaims against the university; any prejudice was partly caused by the univeisity's waiting nine DEPARI"11E\T OF Hii_VL�ti RIGFiTS months before asserting :t Elecenth Bmendment defense, and decvion to 9e state and federal elaims fust in federal court a legallv �ound. Racgor c. L�nicerity� of \1i.+uiesota, �pp20G0, gp4 ti.{V2d 128, recie�c granted, reversed 620 \.W2d 680, certiorazi granted 121 S.Ct 214, 150 L.Ed2d 205. Minnesota Human Righrs .�et (MHRA) seetion requiring that suit be brougnt nithin 4o day after notice of administrati� dimissal of a ehazge is subjeet to equitable tolling; faetors iq consider inelude prejudice to a defer,dant and the eonduct of the plaintiff'. Raygor v. lini�'ersity of YIinnesota, App200Q 604 N.W2d 125, review granted, re- aersed 620 N.W2d 650, cestiorari granted 121 S.Ct 2214, 150 L.Ed2d 208. . Employee was not entiUed to equitable tolling of 45-day period within wMch he was required to bring age diserimination aerion against employer, where employee offered no ecidenee that eircum- stances beyond his controt prohibited him from sen�ng complaint within staNWry period. Ochs v. Streatex, Inc., App.1997, 568 V,W2d &5g, ESling requirement of statute, proeiding employ- ee may bring private discrimination acGon against employer after reeeipt of notiee that Commissioner of Department of Human Rights (DHR) has dis- missed chazge, is subject to equitable doctrines of tolling and waiver. Ochs v. Streater, Ine., App. 1997, 568 N.W2d &58. Prejudice to defendant is one factor court con- siders in tolling statute of limitations, but court also eYamines plainti$'s conducA Ochs v. Streater, Inc., App.1997, 568 N.W2d 8"a8. 14. Waiver . State's waiver of sovereign immunity for dis- erimination claims Sled in state court did not cron- stitute waiver of state unirersity's Elecenth Amendment immunity in federal court. Regents of University of Minnesota v. Raygor, 2001, 620 N.W2d 6SQ certiorari granted 121 S.Ct. 2214, 150 L.Ed2d 208. . 36320. Criminal code; effect Nothing in this chapter alters the provisions of chapter 609 or other law relating to criminai penalties. Laws 1993, e. 22, § 20. ' CRIMINALS; REHABILITATION Chapter 364 CRIMINAL OFFENDERS, REHABILITATION Section 364.09. Exeeptions. �i�:1 F HUbL9N RIGHTS cs Eleaenth Amendment file state and federal �nrt aas legally sound. dinnesota, APP2000, 604 ed, reversed 620Iv.W2d i S.Ct. 2214, 150 L.Ed2d �Ls Act (MHRA) section aght within 4"o days after dismissal of a ehazge is ing; factois to eonsider �ndant and the mnduct of University of Minnesota, :?8, review granted, rr . eertiorari granted 121 �. :led to equitable tolling of iich he was required to aetion against employer, no evidence that cireum- - rol prohibited him�from statutory period. Ochs v. i68 N.W2d 858. ;tatufe, prnviding employ- erunination action against notiee that Commissioner n Rights (DHR) ha, dis- : to equitable doctrines of is v. Streater, Inc., App. t is one faeWr court eon- of limitations, but eourt :onducG Ochs c. Streater, '?d 858. ereign immunity for dis- in state eourt did not eon- te university�s Eleventh n federal court. Regents ;ota v. Raygor, 2C01, 620 santed 121 S.Ct. 2214, 150 law relating to criminal V PION CRIrIPiIAL OFFENDERS, REHABILITATION Library References Removing the disabilities attendan�e McCarr, 9 tion, other legal imped'un Minnesota Praetice § 4 i 2(2d edJ� 364.03. Relation of conviction to employment or occupation Library References Limitations on spee�c pre-employment screen- ing inquiries, ciiminal reeords, see Befort & Schanfield, 17 Ntinnesota Praetiee § 115. § 364.09 Notes of Decisions Pily�sicians 2 � of Medicai Praetiee, sueh actions, in eontezt of diseiplinary aetion arising out of atlegations of ssnproper seYUa1 conduet toward patients by physi- eian pncticing in area of obstetrics and gyneeolo- 2. Physicians gy, were relevant and worthy of Boazd' 199$ I 574 While physician's solicitation of prostitutes alone aHon. Matter of Friedenson, App. was �nsufficient to a'arrant imesdgation by Board N.W2d 463, review denied. 364.09. Exceptions (a) This chapter does not apply to the licensing process £or peace offieers; ��? e enforcement agencies as defined in section 626.84, subdivision 1, paragraph (h); protection ageneies; to eligibility for a private detective or proteetive agent lieense; to the lieensing and background study process under chapter 245A; to eligibility for school bus driver endorsements; to eligibility for special transportation service endorsements; to eligibility for a commercial dricer training instructor license, which is govemed by section 171.35 and rules adopted under that section; to emergency medical serviees personnel, or to the licensing by political subdivisions of taxicab drivers, if the applicant for the license has been discharged from sentence for a conviction within the ten years immediately preceding application of a violation of any of the following: (1) sections 609185 to 60921, 609221 to 609223, 609.342 to 609.3451, or 617�, subdivision 2 or 3; (2) any provision of chapter 152 that is punishable by a maximum sentenee of 15 yeazs or more; or (3) a ��olation of chapter 169 or 169A involcing driving under the influenee, leaving the scene of an aecident, or reckless or careless driving. This chapter also shall not apply to eligibility for juvenile corrections employment, where the offense involved child physical or seacual abuse or criminal sexual conduct. (b) This chapter does not apply to a school district or to eligibility for a lieense issued or renewed by the board of teaehing or the commissioner of children, families, and learning. (c) Nothing in this section precludes the Minnesota police and peace officer training board or the state £�re marshal from recommending polieies set forth in this chapter to the attorney general for adoption in the attomey general's discretion to apply to law enforcement or fire pirotection agencies. (d) This chapter does not apply to a license to practice medicine that ha. been denied or revoked by the board of inedical practice pm'suant to seetion 147.091, subdivision la. L aws a993, c. 159.�§ la 1993§ Laws 1995, c99 S, § 129 La s 95, c. 26, ar_ 45, ( eff. J�' 1, 199a; Laws 1997, c. 248, § 44, efi. June 4. 1997; La��s 1997, lst Sp., c. 2, §`'8� La r� 2001, e. 144, § 1. 5, § 55, eff. Dec. 31, 1999; Laws 1999, e. 191, § 1; Laws 2000, c. 448, art. 2, § 7; 1"a9 § 364.09 CRP.VIL'��I. OFFE\'DERS, REH�IBILPPATION HSstorical and Statutorc \otes 1991 Legislation The 1991 amendment pro�ided in paz. (a) tF�at this ehapter would not apply to eligib�it}� for a license issued or renea�ed by the board of teaelvng or state boazd of edueation. 1992 Legislation Laws 1992, c. 499, art. 8, § 24, amended par. (a) without substantive effeeG Laws 1992, e 5iS, § 54 in par. (a) e�cepted elig�bility :or speciai transportation sen�ice en- dorsements from the applivation of tktis chapter. 1993 Legisiafion � � The 1993 amendment in paz. (a) substituted "the lieensing process for peace offieexs; to law en- foreement ageneies as defined in seetion 636.54, subdivision 1, paragraph @)" for "the pracfiee of law enforeement". 1995I.egislation Laws 1995, e. 1S, § 12, added par. (d) delineating exeeptions to the applieation of this chapter. Laws 1995, e. 226, art. 3, § 45, moved a procision prohibiting applieation of chapter 364 to eligibility for a license issued or renewed by the boazd of teaetting or state boazd of education from par. (a) to paz. @). 1997 Legislation Laws 1997, e. 248, § 44, in paz. (a), subsHtuted "to the lieensing and background study proeess nnder chapter�?ASA" for °to eligibility for a family day eare lieense, a family foster caze lieense, or a home eare provider ficense". Laws 1997, lst Sp, c. 2, § 58, in paz. (a), inserU ed the eseeption for commercial driver training instructor licenses. 1998I.egislation - Laws 1995, c. 398, art. 5, § 55, pmvides: ' "In the nea�t and subsequent editions of ltinne- sota Statutes and Minnesota Rules, all references to the state board of education shzll be ehanged to the eommissioner of children, families, and learn- ing. The changes made by the re�dsor shall be effectice Deeember 31, 1999P 1999 Legislation Laws 1999, c. 191, § 1, in paz. (a), exeluded from applieation o£ the chapter the licensing by politieal subdi�isions of tapcab drivers under specified cir- cumstances. , Laws 1999, e. 191, §$ provide that § 1, amend- ing this section, is effeetive May 22, 1999, and applies to all license applications pending before a politieal subdivision. 2000 Legislation Lau�s 2000, c. 478, art. 2, § 7, in part directed the re�isor of statutes to cont'orm eitaUons in statutory text W reflect the repeal of parts of ehapter 169 and the enaetment,of ehapter 169A Laws 2000, c. 478, art. 2, § 9, par. (b), provides in part that § 7, instrueting the revisor of statutes to conform citations in statutory text to reflect the repeal of part of chapter 169 and the enaetment of chapter 169A,, is effective January 1, 2001, for crimes committed and conduct occurring on or affzr that date, and that violations occurring before January 1, 2001, w�hich aze listed in § 169A03, subds. 20 and 21, are considered qualified prior impaired driving incidents far all purposes under this aM. , � ' 2001 Legislation Laws 2001, e. 144, § 1, in par. (a), inserted ,"to emergency medical services" folloa "171.35 and ru]es adopted under that section", and in cl. (1), added 61723, subds. 2 or 3 W the seope of the provision. ' - TOWNS Chapter 365 TOWN GENEItAL LAW Seetion 365.10. TOR'N MEETING POWERS � SeMion DISSOLUTION OF TOR'NS What electors may do at annual towm 365.48. County may bond to pay debt of dis meeting. solced Wwn. ORDINADICES; BYLAWS TOWN MEETING 365.725. Ordinance formalities; publish, post, ree- 365.51. Annua] meefing; noGee, business, elee- � ord. . tions. , , 160 � �. § 310.04 (2) LEGISLATIVE CODE forth in section 310.05. If the director is recommending issuance of the license, but the affected neighborhood organization(s) or other interested persons give notice within thirty (30) days of receipt of notice of the existence of the application (or within forty-five (45) days if'the applica- tion involves a liquor license) of objection to issuance of the license, the matter shall be referred for a hearing before the legis- lative hearing officer, who shall give no- tice of the time, place and date of the hearing to the affected neighborhood or- ganization(s) and the applicant. The leg- islative hearing officer shall take testi- mony from aR interested persons and shall make a recommendation to the councff as to whether the matter should be referred for a hearing before an independent hear- ing examiner in accordance with the pro- cedures set forth in section 310.05. Where the application for the grant, issuance or renewal of a Class N license meets all the requirements of law, and where ttiere exists no ground for adverse action, the director shallissue such license in accor- dance with law. Renew¢l. The director shall in writing notify the council, and the affected neigh- borhood organization(s)establishedforcit- izen participation purposes, atleast sixty (60) days before the expiration datP of all Class N licenses. A public hearing on the renewal of any such license shall not be held except on the request of a councilmember, which request shall be incorporated in the form of a council res- olution. Upon the passage o£ such resolu- tion, the director shall give cvritten notice of such hearing to the afFected neighbor- hood organizations. Such puhlic hearing does not replace or amend any of the procedures set forth in section 310.05 of the Legislative Code. If no request for a public hearing is made 6efore the expira- tion of any such license, and where there exists no ground for adverse action, the director shall issue the license in accor- dance with law. (e) Appe¢Z; CZ¢ss R or CZ¢ss T licenses. An appeal to the city council may be taken by any person aggrieved by the grant, issuance or re- newal of a Class R or Class T license; provided, however, that the appeal shall have been filed with the city clerk cvithin thirty (30) days after the aetion by the director. 'I'he only grounds for appeal shall be that there has been an enor of law in the grant, issuance or renewal of the license. The appeal shall be in writing and shall set forth in particular the alleged errors of law. The council shall conduct a hearing on the appeal within thirty (30) days of the date of filing and shall notify the licensee and the appellant at least ten (10) days prior to the hearing date. The proce- dures set forth in section 310.05, insofaz as is practicable, shall apply to this hearing. Following the hearing, the council may affirm or remand the matter to the inspector or director, or may reverse or place conditions upon the license based on the council's determination that the decision was based on an error of law. The filing of an appeal shall not stay the issuance of the license. (fl No waiaer by renewal. The renewal of any license, whether Class R, T or N, shall not be deemed to be a waiver of any past violations or of any grounds for imposition of adverse aetion against such license. (Code 1956, § 510.04; Ord. No.17455, § 1, 5-21-87; Ord. No. 17551, § 1, 4-19-88; C.F. No. 94-500, § 1, 7-6-94; C.F. No. 95-473, § 3, 5-31-95; C.F. No. 95-1517, 1-31-96; C.F. No. 97-1446, § 1, 12-30-97; C.F. No. 99-500, § 2, 7-7-99) Sec. 310.05. Hearing procedures. (a) Aduerse ¢ction; notice and he¢ring require- ments. In any case where the council may or intends to consider any adverse action, including the revocation or suspension of a license, the imposition of conditions upon a license, or the denial of an application for the grant, issuance or renewal of a license, or the disapproval of a license issued by the State of Minnesota, the applicant or licensee shall be given notice and an opportunity to be heazd as provided herein. The council may consider such adverse actions when recommended by the inspector, by the director, by Supp. Yo. 41 2034 the director of any executive department estab- lished pursuant to Chapter 9 oF the Charter, by the city attorney or on its own initiative. (b) Notice. In each such case where adverse action is or will be considered by the council, the applicant or lieensee shall have been notified in writing that adverse action may be taken against the license or application, and that he or she is entitled to a hearing before action is taken by the council. The notice sha11 be served or mailed a reasonable time before the hearing date, and shall state the place, date and time of the hearing. The notice shall state the issues involved or grounds upon which the adverse action may be sought or based. The council may request that such written notice be prepared and served or mailed by the inspector or by the city attomey. (c) He¢ring. Where there is no dispute as to the facts underlying the violation or as to the facts establishing mitigating or aggravating circum- stances, the hearing shail be held before the eouncil. Othercvise the hearing shall be conducted before a hearing examiner appointed by the coun- cil or retained by contract with the city for that purQose. The applicant or the licensee shall be provided an opportunity to present evidence and azgument as well as meet adverse testimony or evidence by reasonable cross-examination and rebuttal evidence. The hearing examiner may in its discretion permit other interested persons the opportunity to present testimony or evidence or otherwise participate in such hearing. (e-1) Procedure; he¢ring ex¢miner. The hear- ing examiner shall hear all evidence as may be presented on behalf of the city and the applicant or &censee, and shall present to the council rvrit- ten findings of fact and conclusions of law, to- gether with a recommendation for adverse action. The council shall consider the evidence con- tained in the record, the hearing examiner's rec- ommended findings of fact and conclusions, and shall not consider any factual testimony not pre- viously submitted to and considered by the hear- ing examiner. After receipt of the hearing examiner's fmdings, conclusions, and recommen- dations, the council shall provide the applicant or licensee an opportunity to present oral or written arguments alleging error on the part o£ the exam- Supp. Vo. 41 LICENSES § 310.05 iner in the application of the law or interpretation of the facts, and to present azgument related to the reeommended adverse action. Upon conclu- sion of that hearing, and after considering the record, the examiner s findings and recommenda- tions, together with such additional azguments presented at the hearing, the council shalt deter- mina what, if any, adverse action shall be taken, which action shall be by resolution. The council may accept, reject or modify the findings, conclu- sions and recommendations of the hearing eaam- iner. (c-2) Ex parte contacts. If a license matter has been scheduled for an adverse hearing, council members shall not discuss the license matter with each other or with any of the parties or interested persons involved in the matter unless such dis- cussion occurs on the record during the hearings of the matter or during the counciYs fma2 deliber ations of the matter. No interested person shall, with knowledge that a license matter has been scheduled for adverse hearing, convey or attempt to convey, orally or in writing, any information, argument or opinion about the matter, or any issue in the matter, to a council member or his or her staff until the council has taken final aetion on the matter; provided, however, that nothing herein shall prevent an iaquiry or communica- tions regarding status, scheduling or procedures concerning a license matter. An interested person, for the purpose of this paragraph, shall mean and include a person who is an officer or employee of the licensee which is the subject of the scheduled adverse hearing, or a person who has a financial interest in such licensee. (d) Licensee or ¢pplicant m¢y be represented. The licensee or applicant may represent himself or choose to be represented by another. (e) Record; evidence. The hearing examiner shall receive and keep a record o£ such prceeed- ings, including testimonp and exhibits, and shall receive and give weight to evidence, including hearsay evidence, which possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs. (fl Council action, resolution to corztain fznd- ings. Where the council takes adverse action with respect to a license, licensee or applicant for a 2035 m § 310.05 LEGISLATIVE CODE license, the resolution by which such action is taken shal2 contain its findings and determina- tion, including the imposition of conditions, if any. The council may adopt all or part of the findings, conciusions and recommendations of the hearing examiner, and incorporate the same in its resolu- tion talang the adverse action. (g) Additional prxedures where requirnd. Where the provisions of any statute or ordinance require additional notice or hearing procedures, such pro- visions shall be complied with and shall super- sede inconsistent provisions of these chapters. This shall include, without limitation by reason of this specific reference, Minnesota Statutes, Chap- ter 364 and Minnesota Statutes, Section 340A.415. (h) Discretion to he¢r notwithst¢nding witJz- dr¢w¢l or surrender of applic¢tion or license. The council may, at its discretion, conduct a hearing or direct that a hearing be held regarding revocation or denial of a license, notwithstanding that the applicant or licensee has attempted or purported to withdraw or surrender said license or applica- tion, if the attempted withdrawal or surrender took place after the applicant or licensee had been notified of the hearing and potential adverse action. (i) Continuances. Where a hearing for the pur- pose of considering revocation or suspension of a license or other disciplinary action involving a license has been scheduled before the council, a continuation of the hearing may be granted by the council president or by the council at the request of the licensee, license applicant, an interested person or an attorney representing the foregoing, upon a sho�ving of good cause by the party making the request. (j) If the councii imposes an adverse action as defined in section 310.01 above, a generic notice of such action shall be prepared by the license inspector and posted by the licensee so as to be visible to the public during the effective period of the adverse action. The licensee shall be respon- sible for taking reasonable steps to make sure the notice remains posted on the front door o£ the licen;ed premises, and failure to take such rea- sonable precautions may be grounds for further adverse action. (k) Imposition of costs. The council may im- pose upon any licensee or license applicant some or all oF the costs of a contested hearing before an independent hearing examiuer. The costs of a contested hearing include, but aze not limited to, the cost of the administrative law judge or inde- pendent hearing examiner, stenographic and re- cording costs, copying costs, city staff and attor- ney time for which adequate records have been kept, rental of rooms and equipment necessary for the hearing, and the cost of ea�pert witnesses. The council may impose all or part of such costs in any given case if (i) the position, claim or defense o£ the licensee or applicant was frivolous, arbitrary or capricious, made in bad faith, or made for the purpose of delay or harassment; (ii) the nature of the violation was serious, or involved violence or the threat of violence by the licensee or employees thereof, or involved the sale of drugs by the licensee or employees thereof, and/or the circum- stances under which the violation occurred were aggravated and serious, (iii) the violation created a serious danger to the public health, safety or welfare; (iv) the violation involved unreasonable risk of harm to vulnerabie persons, or to persons for whose safety the licensee or applicant is or was responsible; (v) the applicant or licensee was sufficiently in control of the situation and there- fore could have reasonably avoided the violation, such as but not limited to, the nonpayment of a required fee or the failure to renew required insurance policies; (vi) the violation is covered by the matrix in section 40926 of the Legislative Code; or (vii) the violation involved the sale of cigarettes to a minor. (1) Imposition of fines. The council may impose a fine upon any Iicensee or license appIicant as an adverse license action. A fine may be in such amount as the council deems reasonable and appropriate, having in mind the regulatory and enforcement purposes embodied in the particular licensing ordinance. A fine may be in addition to or in lieu of other adverse action in the sole discretion of the council. To the extent any other provision of the Legislative Code pro�zdes for the imposition of a fine, both provisions shall be read Supp. No. 41 2036 LICENSES together to the eatent possible; provided, how- ever, that in the case of any conflict or inconsis- teney, the other provision shall be controlling. (Code 1956, § 510.05; Ord. No.17551, § 2, 4-19-88; Ord. No. 27559, §§ 1, 2, 5-17-88; Ord. No. 17659, § 1, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.F. No. 94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-94; QE No. 94-1340, § 2, 10-19-94; C.E No. 95-473, § 4, 5-31-95) Sec. 310.06. Revocation; suspension; adverse actions; imposition of condi- tions. (a) Council m¢y take ¢dverse ¢ction. The coun- cil is authorized to take adverse action, as defined in section 310.01 above, against any or all licenses or permits, licensee or applicant for a license, as provided in and by these chapters. Adverse ac- tions against entertainment licenses issued under Chapter 411 of the Legislative Code may be initiated for the reasons set forth in subsection (b) below, or upon any lawful grounds which aze communicated to the license holder in writing prior to the hearing before the council. Such actions shall be initiated and carried out in accor- dance with the procedures outlined in section 310.05; provided, however, that the formal notice of hearing shall be used to initiate the adverse action without the use of prior procedural steps. (b) Basis for ¢ction. Such adverse action may be based on one (1) or more of the following reasons, which are in addition to any other reason specifically provided by law or in these chapters: (1) The license or permit was procured by misrepresentation ofmaterialfacts,fraud, deceit or bad faith. (2) The applicant or one acting in his or her behalf made oral or written misstate- ments or misrepresentations of material facts in or accompanying the application. (3) The license was issued in violation of any of the provisions of the Zoning Code, or the premises which are licensed or which are to be licensed do not comply with applicable health, housing, fire, zoning and building codes and regulations. (4) (5) (6} (7) (8) (9) § 310.06 The license or permit was issued in viola- tion of law, without authority, or under a material mistake of fact. The licensee or applicant has failed to comply with any condition set forth in the license, or set forth in the resolution grant- ing or renewing the license. a. The licensee or applicant (or any person whose conduct may by law be imputed to the licensee or applicant) has violated, or performed any act which is a violation of, any of the provisions of these chapters or of any statute, ordinanee or regulation rea- sonably related to the licensed activ- ity, regardless of whether criminal charges have or have not been brought in connection therewith; b. The licensee or applicant has heen convicted of a crime that may dis- qualify said applicant from holding the license in question under the standazds and procedures in Minne- sota Statutes Chapter 364; or c. The licensee or applicant (or any person whose conduct may by law be unputed to the licensee or applicant) has engaged in or pemutted a pat- tern or practice of conduct of failure to comply with laws reasonably re- lated to the licensed activity or from which an inference of lack of fitness or good chazacter may be drawn. The activities of the licensee in the li- censed activity created or have created a serious danger to the public health, safety or welfare, or the licensee performs or has performed his or her work or activity in an unsafe manner. The licensed business, or the way in which such business is operated, maintains or permits conditions that unreasonably an- noy, injure or endanger the safety, health morals, comfort or repose of any consider- able number of inembers of the public. Failure to keep sidewalks or pedestrian ways reasonably free of snow and ice as required under Chapter 114 of the Saint Paul Legislative Code. Supp. No. 41 2037 $ 310.06 LEGISLATIVE CODE (10) The licensee or applicant has shown by past misconduct or unfair acts or deal- ings: physical abuse, assaults or violent (11) (12) actions done to others, including, but not limited to, actions meeting the definition of criminal segual conduct pursuant to Minnesota Statutes Sections 609.342 through 609.3451; se�al abuse, physieal abuse or maltreatment of a child as de- fined in Minnesota Statutes Section 626.556, subdivisions 2 and 10e, includ- ing, but not limited to, acts which consti- tute a violation of Minnesota Statutes Sections 609.02, subdivision 10; 609.321 through 609.3451; or 617246; neglect or endangerment of a child as defined in Minnesota Statutes Section 626.557,sub- division 2; the manufacture, distribution, sale, gift, delivery, transportation, ex- change or barter of a controlled substance as defined in Minnesota Statutes Chapter 152; the possession of a controlled sub- stance as defined in Minnesota Statutes Chapter 152 in such quantities or under circumstances giving rise to a reasonable inference that the possession was for the purpose of sale or distribution to others; or by the abuse of alcohol or other drugs, that such licensee or applicant is not a person ' of the good moral chazacter or fitness required to engage in a licensed activity, business or profession. The licensee or applicant has materially changed or permitted a material change in the design, construction or configura- tion of the licensed premises without the prior approval of the city council in the case of Class N licenses, the director in the case of Class T licenses, and the inspector in the case of Class R licenses, or without first having obtained the proper building permits from the city. The licensee or applicant has violated section 294.01 of the Legislative Code, or has made or attempted to make a prohib- ited ex parte contact with a council mem- ber as provided in section 310.05(c-2) of the Legislative Code. The terms "licensee" or "applicant" for the pur- pose of this section shall mean and include any person who has any interest, whether as a holder of more than five (5) percent of the stock of a corporation, as a partner, or othercvise, in the premises or in the business or activity which aze licensed or proposed to be licensed. With respect to any license for activities entiUed to the grotection of the First Amendment, notwith- standing the foregoing provisions, neither the lack of good moral chazacter or fitness of the licensee or applicant nor the content of the pro- tected speech or matter shall be the basis for adverse action against the license or application. (c) Zmposition of re¢sonable conditions and/or restrictions. When a reasonable basis is found to impose reasonable conditions and/or restrictions upon a license issued or held under these chap- ters, any one (1) or more such reasonable condi- tions and/or restrictions may be unposed upon such license for the purpose of promoting public health, safety and welfare, of advancing the pub- lic peace and tke elimination of conditions or actions that constitute a nuisance or a detriment to the peaceful enjoyment of urban life, or promot- ing security and safety in nearby neighborhoods. Such reasonable conditions and/or restrictions may include or pertain to, but aze not limited to: (1) A limitation on the hours of operation of the licensed business or establishment, or on particular types of activities conducted in or on said business or establishment; (2) A limitation or restriction as to the loca- tion within the licensed business or estab- lishment where particulaz type of activi- ties may be conducted; (3) A limitation as to the means of ingress or egress from the licensed establishment or its parking lot or immediately adjacent area; (4) A requirement to provide off-street park- ing in excess of other requirements of law; (5) Alimitation on the manner and means of advertising the operation or merchandise of the licensed establishment; (6) Any other reasonable condition or restric- tion limiting the operation of the licensed business or establishment to ensure that Supp. No. 41 2038 LICENSES the business or establishment will harmo- nize with the chazacter of the area in which it is located, or to prevent the development or continuation of a nui- sance. The inspector may impose such conditions on Class R licenses with the consent of the license holder, or may recommend the imposition of such conditions as an adverse action against the li- cense or licenses; the inspector has the same power with respect to Class T licenses. The coun- cil may impose such conditions on Class N li- censes with the consent of the license holder, or upon any class of license as an adverse aetion against the license or licenses following notice and hearing as may be required. Such conditions may be unposed on a license or licenses upon issuance or renewal thereof, or upon and as part of any adverse action against a license or licenses, inciuding suspension. Conditions imposed on a license or licenses shall remain on such licenses when renewed and shall continue thereafter until removed by the council in the case of conditions on Class N licenses or conditions imposed by adverse action, and by the inspector in the case of Class R and T licenses. Ed) St¢ndards for multiple Zieense determina- tion. In any case in which the council is autho- rized to take adverse action againstless than all of the licenses held by a licensee; or applied for by an applicant, the following standards may be used: (1) The nature and gravity of the grounds found by the council to exist upon which the adverse action would be based; (2) The policy and/or regulatory goals for the particular licenses involved, either as em- bodied in the Legislative Code or as found and determined by the council; (3) (4) The interrelationship of the licenses and their relative importance to the overall business enterprise of the licensee or ap- plicant; The management practices of the licensee or applicant with respect to each of such licenses; § 310.07 (5) The extent to which adverse action against less than all of the licenses or applications would result in difficulty in enforcing and monitoring the adverse action taken; (6) 'I`he hardship to the licensee or applicant that would be caused by applying adverse action to all licenses or applications; and (7) The hardship and/or danger to the public, or to the public health and welfare, that would result from adverse action against less than all of the licenses or applica- tions. (Code 1956, § 510.06; Ord. No. 17584, § 1, 8-25-88; Ord. No. 17657, § 15, 6-8-89; Ord. No. 17659, § 2, 6-13-89; Ord. No. 17901, §§ 2, 3, 1-14-92; Ord. No. 17917, §§ 2, 3, 3-31-92; Ord. No. 17922, § 1, 428-92; C.F. No. 94-500, § 3, 7-6-94; C.F. No. 94-1340, § 3, 10-19-94; C.F. No. 95-473, § 5, 5-31-95; C.F. No. 99-50Q § 3, 7-7-99) Sec. 310.07. Termination of licenses; surety bonds; insurance contracts. (a) Autom¢tie termin¢tion, reinstatement; re- sponsibility of licensee. All licenses or permits which must, by the provisions of these chapters or other ordinances or laws, be accompanied by the filing and maintenance of insurance policies, de- posits, guarantees, bonds or certifications shall automatically terminate on cancellation or with- drawal of said policies, deposits, bonds or certifi- cations. No licensee may continue to operate or perform the licensed activity after such termina- tion. The licensee is liabie and responsible for the filing and maintenance of such policies, deposits, guarantees, bonds or certifications as are re- quired in these chapters, and shall not be entitled to assert the acts or omissions of agents, brokers, employees, attorneys or any other persons as a defense or justification for failure to comply with such filing and maintenance requirements. In the event the licensee reinstates and files such poli- cies, deposits, bonds or certifications �cithin thirty (30) days, the license is automatically reinstated on the same terms and conditions, and for the same period as originally issued. After thirty (30> days, the applicant must reapply for a renewal of his license as though it were an original applica- tion. Supp. No. 41 2038.1 U� ; �. ,-. �'. fi § 152.024 HEAI,'� DRUG: Law Review and Journal Commentaries Illegal drugs, new laws, and justice: An ec- aminalion of five recentiv enacted Minnesota statutes. 16 Wm. Mitchell L.Rev. 499 Q990). Library References Controlled substance crime in the fourth de- gree, sale, defined, see l0A Minnesota Prac- tice CRIMJIG 20.40 et seq. (3d edJ. ' Notes of Decisions Quantity 1 plea to conspiracy to commi[ controlled sub-' stance crime in the first degree, even though de[endant did not know how much metham• 1. Quan[ity phetamine was contained in bag he received, De(endant need not know exact quantity of where defendant did not dispute that he re• illegal drug he sells to be guilty of crime of ceived more [han 50 grams ot methampfie4 conspiring to commit controlled substance amine. S[ate v. Aviles-Alvarez, App.1997, 561 crime in the first degree, even though amount is N.W1d 523, review denied. essential element o! of[ense, as defendant s Discre anc in amount of cocaine involved in knowledge oF the amount is not an essen[ial P Y element, and, thus, it is sufFicient for guilty plea transaction did not render evidence insu(6cient that defendant acknowledge ihat state has evi- to sustain delinquency adjudication, where po• dence [hat amount was exceeded and that he lice repor[s of transaction were based upon no[ dispute that amount. Sta[e v. Aviles-Alva- ]uvenile"s representation that foil packet deliv- rez, App,1997, 561 N.W.2d 523, review denied. ered contained two grams of cocaine, but labo•' Defendanfs admissions [hat he agreed to de- ratory test results la[er es[ablished [hat packet liver bag oE methamphetamine tor coconspira- contained only 1.3 grams of whi[e powder con- tor and wen[ to coconspirator's house [o pick taining cocaine. Matter of WelFare of G.D.,' up the drugs adequa[ely supported his guilty App.1991, 473 N.W.2d 578. , 152.025. Controlled substance crime in the fifth degree Subdivision 1. Sale crimes. A person is guilty of controlled substance crime in the fifth degree if: (1) the person unlawfully sells one or more mixtures containing marijuana or` Tetrahydrocannabinols, except a small amount of marijuana for no remunera- tion; or (2) the person unlawfully sells one or more mixtures containing a controlled substance classi£ied in schedule IV. �Subd. 2. Possession and other crimes. A person is guilty of controlled, substance crime in the fifrh degree if: (1) the person unlawfully possesses one or more mixtures containing a controlled substance classified in schedule I, II, III, or IV, except a small, amount of marijuana; or - (2) the person procures, attempts to procure, possesses, or has control over a" controlled substance by any of the following means: (i) fraud, deceit, misrepresentation, or subterfuge; (ii) using a false name or giving false credit; or (iii) falsely assuming the title of, or falsely representing any person to be, a„ manufacturer, wholesaler, pharmacist, physician, doctor oE osteopathy licensed 416 � ` to prac ' ��son Subd sentenc oF not r ro� I: Pers°n - sioner month< oE a fin HEAL,'� CONTROLLED SUBSTANCES § 152.025 ' practice medicine, dentist, podiatrist, veterinarian, or other authoriZed .. `.�� s:�rson for the purpose of obtaining a controlled substance. " h_ �` ubd. 3. Penalty. (a) A person convicted under subdivision i or 2 may be °� ,:=sentenced to imprisonment for not more than five years or to payment of a fine ,-, .' uf not more than $10,000, or both. commit controlled suy�;. :rst degree, even thoug�'�: ow how much metham„ ned in bag he received,'� not dispute that he rt•" grams o( methamphN•�, s-Alvarez, App.1997, 561� �ied. , � :nt of cocaine involved id;` ider evidence insu[ficient adjudication, where pp. :ciion were based upW� �� >n that foil packet deliv.. sms of cocaine, but ia60o-' r established tha[ patket ms of white powder coe�r'. .cer of Wel(are of G.D.,'.� 878. . {:} v, :led substance crime ;aining marijuana oC.' �a for no remunera- v.Z :taining a controlled' ': guilty of controlled� „ .tures containing a� IV, except a smalt i r has control over a' '_ any person to be. osteopathy licens� ;(b) If the conviction is a subsequent controlled substance conviction, a person convicted under subdivision 1 or 2 shall be committed to the commis- �ioner of corrections or to a local correctional authority for not less than six months nor more than ten years and, in addition, may be sentenced to payment �f a fine of not more than $20,000. ;aws 1959, c. 290, art. 3, § 12, eff. Aug. I, 1989. Amended by Laws 1990, c. 602, art. 7, j 6, efE Aug. 1, 1990; Laws 1992, c. 359, § 9; Laws 1993, c. 326, art. 13, § 9; Laws I995, c. 24A, § 5. Historical and S[atutory Notes Laws I989, c. 290, an. 3, § 38 provides in irt that this section is effec[ive August 1, 1989, id applies m crimes committed on or a&er at date. Iaws 1990, c. 602, an. 7, § 6, in subd. 2, ohibited the untawful possession o£ one or >re mixtures containing marijuana or Teira- drocannabinols with the intent to sell it ex- �t a small amount of marijuana for no remu- ', � Laws 1990, c. 602, art. 7, § 9 provides in part that the amendment to subd. 2 is eftective Au- �gust l, 1990, and applies to crimes committed on or aker that date. � Laws 1992, c 3j9, § 9, in subd. 2, de]eted a provision which prohibited the unlawful posses- sion of one or more mixtures con[aining mari- Juana or Tetrahydrocannabinols with [he in[ent b�sell it except a small amount of marijuana for � Laws 1992, c. 359, § 10, provides in par[ that [he amendment to subd. 2 is effective January 18, 1992, and applies to crimes committed on or after that date. Laws 1993, c. 326, art. 13, § 9, in subd. 3, in par. (b), substi[uted "wmmitted to the commis- sioner ot corrections or [o a]ocal correctional authoriry" for "sentenced to imprisonment'. Laws 1993, c. 326, art. 13, § 37, provides in part that § 9(amending subd. 3) is effective August I, 1993, and applies to crimes commit- ted on or a&er that date. Laws 1995, c. 244, § 5, in subd. 3, par. (b), substituted "and, in addition, may be sentenced to payment oE a fine of not more than $20,000" for 'br to payment of a fine of not more than $20,000, or both". Laws 1995, c. 244, § 43, provides in part that § 5(amending subd. 3) is ef[ective August 1, 1995 and applies to crimes commiited on or af[er that date. Cross References +uvenlles, records oC violation of this section, see § 260.161. Gw en[orcement records, school chemical abuse preassessment team, notice, see § 126.036. Law Review and Journal Commentaries lllegal drues, new Iaws, and justice: An ex- emination of [ive recently enacied Minnesota 8 atutes. �6 Wm. Mitchel] L.Rev. 499 (1990). Library References , Controlled substance crime in the fifth de- Controlled substance crime in the fif[h de- ., gree, procurement by fraud or false imper- gree, sale, defned, see IOA Minnesota Prac- ; sonation, delined, see l0A Minnesota Prac- tice CRIMJIG 20.07 (3d ed.). tice CRIMJIG 20.47 et seq. (3d ed.). 417 ; �! • r- "Waiting time after engagement" shall mean the time a cab is not in motion at the request of the passenger or passengers after the cab has commenced the transportation of such passenger or passengers. (d) Hourly r¢tes. Nothing herein wntained shall prevent any person from malang an agreement with the operator of a ta�cab to furaish transpor- tation at a rate to be agreed upon between them for an hour, day, week, month or longer period, except that when furnished by the hour, the m;n;,,,� rate shall be sis dollars ($6.00), but the person with whom the operator of a ta�cab makes such agreement shall not be permitted to l�ire out the vehicle to any other person. (e) Annu¢l reviem of fares and charges. 1'he license inspector shall, each calendar yeaz during the month of May, review the ma�mum allowable fares and chazges for ta�cab services to deter- mine whether they should be adjusted. If it is determined that such fazes and chazges should be adjusted, the lieense inspector will make such recommendation to the city crouncil. (Code 1956, §§ I54.01-154.04; Ord. No. 16982, 12-7-82; Ord. No. 16996, 2-3-83; Ord. No. 17467, § 1, 6-18.87; Ord. No. 17838, § 1, 6-4-91; Ord. No. 17881, § 5, 11-7-91; C.F. No. 94-199, § 15, 3-23-94; C.F. No. 97-870, § 1, 8-13-97; C.F. No. Q1-349, § 1, 5-2-01) Sec. 376.15.12. Temporary fares and charges. Hourly r¢tes. Nothing herein contained shall prevent any person from making an agreement with the operator of a tasicab to furnish transpor- tation at a rate to be agreed upon betcveen them for an hour, day, week, month or longer period. (C.F. 99-965, § 1, 11-3-99; C.F. No. O1-349, § 1, 5-2-01) � Sec. 376.16. Ta%icab driver's license. (a) License required. Effective March 15, 1991, no person shall drive a taxicab, nor shall any owner or lessee of a tafficab allow any other person to drive a ta�cicab, within the City of Saint Paul unless that person fias first obtained and displayed a taacicab driver's license under the provisions of this Code. LICENSES § 376.16 (b} Driuers from other cities. Any driver fi- censed to operate a ta�cab in another city may carry passengers from that city to any place within the City of Saint Paul and may freely enter and travel upon the streets for that purpose. In that case, it shall not be deemed necessary for the ta�cab driver to obtain a Saint Paul license, but the driver shall not be permitted to accept or offer any passenger for hire in the City of Saint Paul, or otherwise operate a taxicab within the city with- out first obtaining a license under the pmvisions of this Code. While within the city, the tafficab driver shall be required to observe all of the applicable regulations and conditions of this sec- tion and shall have in possession and display to any person upon demand the license certificate for the ta�cab. (c) License application. Every applicant for a tafficab driver s �icease shall file an application with the license division. fihe application shall be made on a form provided by said division, eontain- ing such information as the license inspector may require, including, but not limited to, a complete employment history, to verify that the terms and conditions of this chapter have been met. The application shall be signed and swom to by the applicant_ Prior to the issuance of the license, every licensee shall be photographed. The chief of police or his representative shall investigate each applicant and shall forwazd the results o£ the application to the license inspector. Any false statement on the application shall be grounds for denial, refusal to renew or revocation of a license. (d) License fee. The fee required for a license shall be established by ordinance as specified in section 310.09(b) of the Legislative Code. (e) Prerequisites to Zicense. Eligibility to be licensed to operate a ta�cab shall be as follows: (1) Possess a valid Minnesota drivers li- cense; (2) Be at least eighteen (18) years oid; (3) Be a citizen of the United States, or an alien admitted for permanent residence, or who has otherwise obtained work au- thorization from the U.S. Immigration and Naturalization Service; Supp. No. 50 2151 § 376.16 LEGLSLATIVE CODE (4) Shall have no felony convictions in the last five (5) years; shall have no nontra�c gross misdemeanor or misdemeanor con- victions in the last three (3) years involv- ing the use or threat of use of force, possession or sale of a controlled sub- stance, prostitution or indecent conduct. The license inspector may grant, pursu- ant to state statute, an exception to the above provisions upon evidence that the offense is not related to 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 of- fenses involving injury or death; no conviction in the last three (3) years for any of the following offenses not involving injury or death: 1. Leaving the scene of an acci- dent; 2. Driving under the influence of an alcoholicbeverage,controIled substance or hazardous sub- stance that affects the nervous system, brain, or muscles ofthe person so as to substantially impair the person's ability to drive or operate a motor vehi- cle, or any combination thereof; 3. Driving with an aIcohol concen- Eration of .IO or more or driving with an alcohol concentration of .10 or more as measured within two hours of driving a motor vehicle; 4. Reckless driving; to substantially impair the person's ability to drive or op- erate the motor vehicle; or 6. Refusal to take a breathalyzer test. b. No prior license revocation as de- fined in Minn. Stat., § 169.121, sub- division 3(a)(2). c. For original licensure: No more than four (4) moving vioIations within the last three (3) yeazs, and no more than two (2) moving violations in the last year. For renewal: No more than four (4) moving violations within the last three (3) years and no more than three (3) moving violations in the last year. Moving violations shall mean for this subsection those viola- tions specified above in subsection (5)a., and any speeding violations. d. Every new applicant shall have at least one (1) year's driving eaperi- ence as a licensed driver. Sucfl prior driving experience shall be verified by an affidavit signed by a reputable person and submitted with the li- cense application. e. Upon submission of proof of suitabil- ity and evidence of insurability, the license inspector may waive one (1) or more of the requirements listed above; provided, that any such waiver shall indicate the grounds for the inspector's decision and shall be ap- proved by the director of the depart- ment of finance and management services. 5. Careless driving under circum- (6) Have a demonstrated knowledge of the stances from which a reason- provisions of the taxicab ordinance relat- able person could draw the in- �g to the conduct of taYicab drivers and ference that the driving behavior the operation of a taxicab. was affected or influenced by the driver's use of alcohol, con- (7) Failure to apply for renewal of any taxi- troIled substances or hazard- cab operator's license within thirty (30) ous substances affecting the days after expiration shall be deemed an driver's nervous system, brain abandonment of the licensee's right to or muscles of the person so as such renewal. Supp. No. 50 2I52 LICENSES (8) For any driver seelring original licensure, or any driver whose taffi license has lapsed for more than one (1) ye�', or as deemed necessary by the license inspector: shall have successfully completed the tafficab driver training rnurse as set forth in sec- tion 376.17. (fl Duty to exhibit Z'uense. Effective Mazch 15, 1991, every ta�cab driver while on duty shall display the front of his or her tasicab driver s license on the dashboard of the vehicle in a location readily visihle to passengers, which li- cense displays the driver's photograph and license number on the front in a manner approved by the license inspector. In addition to any other penal- ties, a deputy inspector or police officer may order the lieensee to discontinue operations until such time as the licensee has a license in possession. (g) Issu¢nce of license. Each taxicab driver's license shall have upon it a number by which the license shall be designated, a photograph o£ the licensee, and such other information as the li- cense inspector may require. The license inspec- tor may issue licenses for a term of less than one (1) year for a prorated initial fee in order to evenly distribute lieense eapiration dates throughout the year. (h) Requirement of valid Minnesot¢ driver's license. Any time that a licensee's Minnesota driver s license is suspended, revoked or canceled, his or her tafficah driver's license shall likewise be immediately suspended, revoked or canceled. No person shall operate a taxicab without a valid Minnesota driver's license. (i) Renew¢ls. Ataxicab driver s license shall be issued annually. The license inspector may cause the renewal of a taxicab driver s license from year to year by appropriate endorsement upon the application for renewal and payment of an annual fee of twenty dollazs ($20.00). The driver shall make such renewal application upon a form to be furnished by the license division. The renewal form shall be filled out with the full name and address of the appIicant, together with the date and number of the original license. If a driver has not been licensed in the previous license yeaz, he or she shall be considered a new applicant. § 376.16 (j) Suspension, reaocation ¢nd nonrenewal. A ta�cab driver's license may be revoked, sus- pended or not renewed by the license inspector at any time for cause pursuant to the provisions of this cbapter and Chapter 310 of the Legislative Code. When a tafficab driver's license has been revoked or suspended, it shall immediately be returned to the license division. If the city council stipulates that a licensee whose tafficab driver's license has been revoked may reapply afrzr a specific period of time has elapsed, that period of time shall not commence until the tafficab driver s license has been retumed to the license division. (k) Revocation of Minnesota drioer's Zicense; limited licenses; aZcohol-related driving conuic- tion: (1) Any person holding a tafficab drivers li- cense whose Minnesota driver s license is suspended, canceled or revoked for any reason shall immediately surrender his or her ta�cab drivers license to the license division. The ta�cah driver s license shall be returned to the licensee upon reinstate� ment of the Minnesota driver s license or issuance of a limited license authorizing operation of a taxicab; provided, however, that suspension, cancellation or revoca- tion 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 the tafficab driver's license. (2) Any licensed tafficab driver whose Minne- sota driver's Iicense has been revoked and who has been issued a limited license authorizing the operation of a tafficab shall immediately notify the license divi- sion of the same. At that time, the licensee shall funush to the license inspector a copy of the limited license and a written statement containing a schedule of the days and hours of each day during which he or she will be driving a taYicab during the term of the limited license. No devia- tion from the schedule shall be permitted. In addirion,the licensee shall personally Supp. Na. 50 2152.1 § 376.16 LEGISLATIVE CODE furnish to the license inspector copies af all trip sheets for all shifts worked during the term of the limited license. (3) Any person holding a tasicab driver's li- cense shall notify the Office of License, Inspections and Environmentai Protec- tion (LIEP) immediately whenever he or sheis convicted ofan alcohol-related driv- ing offense, whether or not it involves the operation of a ta�cab. (4) Refusal to take and/or failure to pass a standazd breathalyzer test administered pursuant to Minn. Stat. § 169.123 while on duty shall be grounds for revocation of a taxicab driver's license. (5) Failure to comply with the provisions o£ this section shall be grounds for revoca- tion of a taYicab driver's license. (Ord. No. 17767, § 1, 9-18-90; C.F. No. 94-i99, § 16, 3-23-94; C.F. No. 96-486, §§ 2�4, 6-26-96; C.E No. 97-870, § 1, 8-13-97; C.E No. 99-231, § 1, 5-12-99; C.F. No. 00-574, § 1, 7-12-00) Sec. 376.17. Taaicab driver training course. (a) Taxic¢b driver tr¢ining course required. The license inspector shall establish a taxicab driver training course pursuant to the 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 communications, cab stand and call procedures, taacicab fares, vehicle clean- liness and maintenance, customer relations, and courtesy. (b) Component of driUer tr¢ining. The driver training course may consist of components taught by city staff, or components taught by an educa- tional institution under contract with the city, or by a combination of such components. (c) Prerequisite for licensure. Suecessful com- pletion of the taxicab driver training course shall be a prerequisite for obtaining a license for all taxicab drivers not licensed on the effective date of this section and all tasicab drivers whose license have lapsed for more than one (1) year. The city council may impose successful comple- tion of the ta�cab driver training course as a requirement in any disciplinary action against a licensed driver; as a condition for renewal of a ta�cab driver s license in the event of customer complaints, violations of ta�cab regulations, or moving violations; and as a condition for reinstate- ment of any revoked or suspended taxicab driver s lieense. (d) Provision¢1 operator status. An applicant who has met all of the requirements for an original license except for the successful comple- tion of taxicab driver training shall be authorized to operate as a provisionat operator until the first available opening in a training class, at which time the applieant must enroll in and successfulty complete the cIass. Upon the successful comple- tion of the training class, the applicant shall receive a license valid through the remainder of the one-year licensing period. Provisional opera- tor status may be revoked for failure to enroll in the first available opening in the training class, or failure to successfully complete the class. The applicant shall be entitled to written notice of the intent to revoke pmvisional operator status, sent to the applicant's last known address and pub- lished once on the notice and communications agenda of the city council. The notice shall advise the applicant of the right to request a public hearing before the council to determine whether revocation is appropriate. If a provisional opera- tor fails to respond to the notice or to request a hearing, the Office of LIEP may administratively revoke the license. For any other basis proposed for adverse action, an applicant shall be entitled to the hearing procedures of section 310.05. An applicant whose provisional operator status has been revoked may reapply no sooner than twelve (12) months after the date of the original applica- tian. (Ord. No. O1-936, § 1, 10-3-01) Supp. No. 50 21522 .e CITY OF SA1NT PAUL Ranrty C. Ketly, Mayor May 6, 2002 OFFICE OF THE CITY ATTORNEY MrsnuelJ. Cervantu, CityAttorney ` ''lV` Civi/ Division �_ j 1 �L ry 400CiryNa[I ��7 ., Telep l5 Weat Kel[og"g�l `vr3:i �—� '�cF{m1�: 657 298-5619 Saint Paul, Minnuota 55102 � �� j ..,`^, �ZiJlf( Ht � 'y � "tti. ��i"?US NOTICE OF HEARING Louis J. Short, Jr. 463 Blair Avenue Saint Paul, Minnesota 55103 RE: Application for Tasicab I?river's License Renewal by Louis J. Short, Jr. License ID 19980000004 Dear Mr. Short: Please take notice that a hearing will be held at the following time, date and place conceming your taxicab drivers license renewal application identified above: Date: Tuesday, June 18, 2002 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: Barbara Fisher Goldsteen Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: (952)512-1696 AA-ADA-EEO Employer The Council of the City of Saint Paul has the authority to provide for hearings conceming licenses and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. Adverse action may include revocation, suspension, fines and other penalties or conditions. "��;;,l�� :"i� Evidence will be presented to the judge which may lead to adverse action against your_license �5� �: Q � follows: �'``t�, 7R,� 7l}/� „ �Af;!� = ;rs c A review of your criminal history shows that you have two feloay convictions for Possession of Drugs from offense dates of August 11, 2000 and July 8, 2001, to which you pled guilty and were sentenced on November 13, 2001. Saint Paul Legislative Code §376.16(e)(4) requires that to be eligible to 6e licensed, an applicant "shail have no felony convictions in the last five (5) years; shall have no nontraffic gross misdemeanor or misdemeanor convictions in the last three (3) years invoiving ... possession or sale of a controlled substance." 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 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 all parties identify 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 witnesses or evidence it may wish to present, each of whom the City's attorney 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. Concluding azguments may be made by the parties. Following the hearing, the Judge will prepaze Findings ofFact, Conclusions of Law, and a specific recommendation far 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 conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attomey contact the undersigned. 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. Notice of Hearing - Page 2 r , , • If you fail to appear at the hearing, your ability to chalienge the allegations will be forfeited and the allegations 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 objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. '' -�= r-; ;�� j� "�'�� ye�� If you have any questions, you can call me at 266-8710. Very truly yours, ��..�� Virginia D. Palmer Assistant City Attomey J� �� `+: (}/" �� ,;i�<S,r�� ;"�t?rs � liYF ,�; vS cc: Diane Nordstrom, Office oi Administrative Hearings, 100 Washington Squaze, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, Deputy Director, LIEP Rich Jents, LIEP Notice of Hearing - Page 3