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03-267Council File # `�� Green Sheet # 200315 RESOLUTION CITY OF SAINT PAUL, MINNESOTA �S Presented By Refened To Committee: Date RESOLVED, that the tasicab driver license application by Brandon Davis is hezeby approved. FCTRTFIER RESOLVED, that the findings of fact and conclusions of law contained in the ALJ Report in this case dated January 22, 2003 are adopted as the written findings and conclusion of the Councii in this matter. This Resolution is based on the record of the proceedings before the AI,J, including the hearing on January 14, 2003, the documents and exhibits introduced therein, the findings of fact and conclusions of law of the AL,J as referenced above and the deliberations of the Council in open session at the public hearing on February 26, 2003. A copy of this Resolution, as adopted, shall be sent by first class mail to the Administrative Law 7udge and to the Applicant. � DEPARTMENT/OFFICE/COUNCII.: DATE INITIATED GREEN SHEET NO.: L0031S o3 � a u� LIEP Mazch 10, 2003 CONTACT PERSON & YHONE: INIT7AIJDATE INIT7AI✓DA7'E Virginia Palmer (266-8710) � DEPARTMENT DIR C11Y COUNCII. MUST BE ON COUNCQ. AGENDA BY (DATE) �IGN _ C1TY ATTORNEY _ CIIY CLERK FSNANCIAL SERV DIl2. FINANCIAL SERVlACC"IG M2ICI7 19� Z003 �C011SeIIt� p�pg� MAYOR(ORASST.) _CNII,SERVICECOMMLSSION ROUTING ORDER TOTAL # OF SIGNATORE PAGES _(CLIP ALL LOCATIONS FOR SIGNAT[JRE) acriox xE2uES�n: No adverse action against the Tasicab Driver License Applicarion submitted by Brandon Davis RECOMMENDAITONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MOST ANSWER THE FOLLOWING QUESTIONS: PLANNING COMMISSION I. Has this person/fivn ever worked under a contract for this deparimrnt? CIB COMMITTEE Yes No CIVII. SERVICE COMIviISSION 2. Has tt�is person/firm everbeen a ciry employee? Yes No 3. Does [his person/firm possess a skill not normally possessed by any cuirent ciTy emptoyee? Yes No Eaplain all yes answers on separate sheet a�d attach to green sheet INITIA7ING PROBLEM, ISSUE, OPPORTONITY (Who, Whay W6en, Where, Why): Taacicab driver license applicant Brandon Davis has a September 20, 2002 misdemeanor conviction for disorderly conduct stemming from an incident involving the threat of force and/or the threat of use of force that resulted in injuries to another person, which makes him ineligible for licensing as a t�icab driver pursuant to St. Paul Legislative Code §376.16(e)(4). An administrarive law judge, however, concluded that the incident did not involve ' the use or threat of use of force and recommended that the City grant the taxicab driver license. The City Council adopted the Findings of Facts and Conclusions of Law at its February 26, 2003 hearing of this matter. ADVANTAGES IF APPROVED: Council action necessary to follow through on its adoption of the administrative law judge's report. � DISADVANI'AGESIFAPPROVED: None. DISADVANTAGES IF NOT APPROVED: City will haue failed to follow through on its own action to adopt the administrarive law judge's report. TOTAL AMOUNT OF TRANSACTION: $ COST/AEVENUE BUDGETED: ' FONDING SOURCE: ACTNTTY NUMBER: FINANCIAL INFORMATTON: (F,XPLAIN) I \USERS�PANGBORMgreensfieet -tmicab appl wpd CITY OF SAINT PAUL Rnndy C. Kelly, Mayor February 6, 2003 NOTICE OF COUNCIL HE Brandon D. Davis 893 Fry Street, # 4 Saint Paul, Minnesota 55104 RE: Application for a Saint Paul Taxicab Driver's License Dear Mr. Davis: 0 3. �� OFFICE OF THE CITY ATTORNEY - Manue! J. Cervanfu, Ciry Atforney ^� . Civil Division 400CiryHa1! Zelephone:651266-8710 ISWestKelloggBlvd. Facsimile:651298-5619 Sairst Paul, Minnesota 55101 RT-"'�d � � � �� af ac J� Please take notice that a hearing on the report of the Administrative Law Judge has been scheduled For 5:30 p.m., �Vednesday, February 26, 2003, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written azgument to the Council at the Hearing. No new evidence wiil be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. If you have any questions, I can be reached at 651-266-8710. Sincerely, �/ �—��—�--. �� Virginia D. Palmer Assistant City Attomey cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, Director of LIEP Rich Jents, LIEP Reid Soley, LIEP �� ,�.�.�.�a��:�W�.�� e�°�.a� s{il., o�=� ��2�� AA-ADA-EEO Employer n3-a�7 15-6020-15225-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE SAINT PAUL CITY COUNCIL In Re the Application for a Taxicab FINDINGS OF FACT, License of Brandon Davis CONCLUSIONS OF LAW AND RECOMMENDATION This matter was heard by Administrative Law Judge Beverly Jones Heydinger, commencing at 9:30 a.m., January 14, 2003, at the Saint Paul City Hall, Room 42, 15 West Kellogg Boulevard, Saint Pa!�I, n4inneso.�. The hearir,g was held pursuant to Notice of Hearing dated December 11, 2002. Virginia D. Paimer, Assistant City Attorney, 400 City Hall, 15 West Kellogg Bivd., Saint Paul, Minnesota 55102, appeared on behalf of the City's Office of Licensing, Inspections and Environmental Protection (LIEP). Brandon D. Davis, 893 Fry Street, #4, Saint Paul, MN 55104, appeared on his own behalf. The hearing concluded on January 14, 2003. There were no additional submissions. NOTICE This report is a recommendation, not a final decision. The Saint Paul City Council wiil make the final decision after a review of the record and may adopt, reject or modify these Findings of Fact, Conclusions, and Recommendation.' Pursuant to St. Paul Legislative Code § 310.05 (C-1), the City Council shall not make a final decision until the parties have had the opportunity to present oral or written arguments to the City Council. Parties should contact Donald Luna, City Clerk, City of Saint Paul, 170 City Haii, 15 West Kellogg Bivd., Saint Paul, Minnesota 55102, to ascertain the procedure for filing exceptions or presenting argument. STATEl�4�vT O�' THE {�S�ES The issues presented at this hearing were: Is the Appiicant ineligible for a taxicab license because he has a misdemeanor conviction within the last three years involving the use or threat of use of force? ' St. Paul Legislative Code § 310.05 (ol). 0 3'�� FINDINGS OF FACT 1. Brandon D. Davis ("Applicant") applied to the City of Saint Paul ("City") for a taxicab license on September 13, 2002. As part of the appiication process, the City checked the ApplicanYs criminal background. 2. Richard Jents is a license inspector for the City and is responsible for reviewing taxicab license applications. In response to his request for information, Mr. Jents received a report from the State Bureau of Criminal Apprehension of the ApplicanYs misdemeanor conviction for disorderiy conduct. The City Attorney's O�ce requested a copy of the police report that gave rise to the criminal charge, and Mr. Jents reviewed the police report. Based on the police report, he concluded that the incident involved the use of force and the threat of use of force. Since the conviction had occurred within three years, Mr. Jents recommended that the ApplicanYs application for a taxicab license be denied. Mr. ,lents did not interview any of the witnesses to the incident that gave rise to the criminal charges. 3. The Applicant was sent a Notice of Intent to Deny License Application, dated October 2, 2002. The Applicant appealed the application deniai. Accordingly, this hearing was scheduled. 4. The Applicant was employed as a dispatcher for ABC Taxi. Scott J. Strouts is the chief executive officer of Drive Rite, Inc., d/b/a ABC Taxi. On August 10, 2001, Cindy Ness, now known as Cindy Ness Meek, was employed at ABC Taxi to take calls from customers requesting taxicabs and pass the requests through a window to the dispatcher who sat in the next room.' On that day the Appiicant was working as a dispatcher, and had called in one of the drivers, Abduwahid Gedi, to discuss a violation of o�ce policy. Mr. Gedi and the Appiicant got into an argument. Ms. Ness came out of the room where she answered the telephone and got invoived in the argument. The Appiicant called Mr. Strouts who was at his home. Mr. Strouts could hear shouting, and the Applicant asking Ms. Ness to sit down to stay out of the dispute wiih Mr. Gedi, and to caim down. Mr. Strouts could hear Ms. Ness screaming and swearing. During the conversation, Mr. Strouts was disconnected. Mr. Strouts called back, the argument was continuing, and the line was disconnected again. At that point, Mr. Strouts left his home and drove to the office. 2 Test. of Richard 3ents; Exs. 2, A. 3 Ex. 6. ° Ex. 8. 5 Ex. 9. 6 Test. of Brandon Davis. ' Test. of Scott Strouts. $ Test. of B. Davis. 9 Test. of B. Davis; S. Strouts. 2 o3•a�� 5. When the police arrived, Ms. Ness was sitting outside and was bleeding from the forehead. The paramedics aiso arrived and recommended that Ms. Ness seek medical care for possible stitches. The Applicant was in his o�ce, and the o�cers saw blood on the telephone and on a silver pair of scissors. The Applicant told the police that he had hit Ms. Ness with the telephone in seif-defense because she was attacking him with the scissors. The Applicant was arrested and charged with assault of Ms. Ness and terroristic threats against Mr. Gedi.' 6. The Applicant admits that in the course of the argument, he struck Ms. Ness in the forehead with the teiephone. He states that Ms. Ness is a very large woman, and that she had him pinned into a corner. She was brandishing a pair of scissors, screaming and swearing. He struck at Ms. Ness to protect himself. He acknowledges that P�ls. Ness was bleeding from his blow and that she went to the hospital for care of the injury. He regrets that he hit her." 7. Mr. Strouts has known the Applicant for eight years. The Applicant has been an excellent employee, and there have been no other instances of violence, arguments or problems with the Appiicant's job pertormance. Mr. Strouts heard the argument over the telephone and believes that Ms. Ness inappropriately intervened in an argument between the Applicant and Mr. Gedi. Mr. Strouts believes that Ms. Ness disconnected the telephone conversations occurring during the incident. 8. On September 2001, the Appiicant entered into a plea agreement. The charge of terroristic threats against Mr. Gedi was dropped, and the assault charge was reduced to a lesser charge of disorderly conduct. 9. The Appficant is afso licensed to drive a taxicab by the City of Minneapolis. 10. Any Finding of Fact more properiy termed as a Conclusion is hereby adopted as a Conclusion. CONCLUSIONS 1. The Administrative Law Judge and the Saint Paul City Council have jurisdiction in this case. 10 Ex. 4. �� Test. ofB. Davis. � Test. of S. Strouts. " Ex. 5. ' Test. of B. Davis. ' Paul Legislative Code §§ 310.05, 376.16; Minn. Stat. § I4.55. 3 n3 •�� 2. The Applicant received timely and proper notice of the hearing and the City has complied with ail relevant substantive and procedural requirements of statute and rule.� 3. The City has authority to deny, suspend or revoke a license and to impose penalties for violation of applicable statutes and rules." 4. The City has the authority to deny a taxicab iicense to a person who has had a misdemeanor conviction involving the use of or threat of use of force.' 5. The Applicant has shown by a preponderance of the evidence that he does not have a misdemeanor conviction invofving the use or threat of use of force. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS HEREBY RECOMMENDED: that the City of Saint Paui GRANT the Applicant a taxicab license. Dated this;�;Gr�day of January, 2003. , � i j ( � ' a� f - �- i � � ,?t, � " ��% . B VERL.Y,J� NES HEYDI�t�ER� Adminis afive Law Judge� � Reported: Tape-recorded (one tape) MEMORANDUM The Saint Paul Legislative Code provides that a license applicant may have no "misdemeanor convictions in the last three (3) years invoiving the use or threat of use of force... ." The Applicant does not dispute that he has been 16 See Minn. Stat. § 14.57 — 14.61; Saint Paul Legislative Code § 310.05. " Saint Paul Legislative Code § 310.06. 18 Saint Paul Legislative Code § 376.16(e)(4). �� Saint Paul Legislative Code § 376.16 (e) (4). The provision allows the City to grant an exception if the offense is not related to the occupation of taxicab driver, but the Applicant has not argued that the incident was unrelated to his occupation. n3 •ac�7 convicted of a misdemeanor within the past three years. However, he does dispute that he used force or threatened the use of force except in self-defense. ln reaching its conclusion that the offense involved the use of force or threatened the use of force, the City relied solely on the police report, and gave greater weight to Ms. Ness's version of what occurred than it gave to the ApplicanYs version. The police report includes the statements made both by Ms. Ness and the Applicant. Because of the costs of going to trial, the Applicant agreed to piead guiity to the lesser charge of disorder{y conduct. As part of a plea bargain, the prosecutor dropped the terroristic threat charge, and reduced the assault charge to disorderly conduct. The crime of disorderiy conduct does not require the use of force or the threat of force. 609.72 Disorderly conduct. Subdivision 1. Whoever does any of the following in a public or private place, including on a school bus, knowing, or having reasonabie grounds to know that it will, or will tend to, alarm, anger or disturb others or provoke an assault or breach of the peace, is guilty of disorderly conduct, which is a misdemeanor: (1) Engages in brawling orfighting; or (2) Disturbs an assembly or meeting, not unlawful in its character; or (3) Engages in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others. A person does not violate this section if the person's disorderly conduct was caused by an epileptic seizure. The Applicant has consistently maintained that he acted in self-defense. Mr. Strouts' testimony corroborates the AppficanYs version of the facts. There was no apparent reason for Mr. Strouts to protect the Applicant, and it could be to his detriment to empioy a person who may be violent. Thus, Mr. Strouts' testimony was given considerable weight. The City did not offer any evidence that would corroborate Ms. Ness's version. Mr. Gedi and the Applicant have continued to work together without incident. There are no other complaints against the Applicant and no evidence of any other incident invoiving force or the threat of it. The plea of guilty to disorderly conduct does not presume the use of or threat of use ofi fiorce. s v3�� The ApplicanYs taxicab license has been renewed in Minneapolis. Aithough this fact was given little weight, it does support the ApplicanYs position that he is not a danger to the public. Based on the evidence presented, the Applicant has shown by a preponderance of the evidence that he did not commit a misdemeanor within the last three years involving the use or threaf of use of force. Accordingly, it is recommended that his application for a taxicab license be granted. B.J.H. 0 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 TELEPHONE: (612) 341-7600 Til': (612) 341-7346 January 22, 2003 Donald Luna, City Clerk 170 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 �� `��' 2s zoo,� �� r� cLER Re: In the matter of the Application for a Taxicab License of Brandon Davis OAH Docket No. 15-6020-15225-3 Dear Mr. Luna: Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions of Law, and Recommendation in the above-entitled matter. Also enclosed is the official record, with the exception of the one tape recording of the hearing. The tape recording is in the process of being duplicated and wili be sent under separate cover. Our file in this matter is now being closed. Sincerely, �:"°" "� � `� BEVERLY JONES HEYDINGER Administrative Law Judge BJ •nh I�� Cc Virginia D. Palmer Brandon D. Davis Telephone: (612) 341-7606 Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Ad�ninistrative Law Division & Administrative Services Workers' Compensation Hearings Division Workers' Compensation Settlement D� , Facsimile: (672) 349-2665 Facsimile: (672) 349-2691 Facsimile: (672) 349-2634 d3 a�7 15-6020-15225-3 / STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE SAINT PAUL CITY COUNCIL In Re the Application for a Taxicab FINDINGS OF FACT, License of Brandon Davis CONCLUSIONS OF LAW AND RECOMMENDATION This matter was heard by Administrative Law Judge Beverly Jones Heydinger, commencing at 9:30 a.m., January 14, 2003, at the Saint Paul City Hall, Room 42, 15 West Kellogg Boulevard, Saint Paul, Minnesota. The hearing was held pursuant to Notice of Hearing dated December 11, 2002. Virginia D. Palmer, Assistant City Attorney, 400 City Hali, 15 West Kellogg Blvd., Saint Paul, Minnesota 55102, appeared on behalf of the City's Office of Licensing, Inspections and Environmental Protection (LIEP). Brandon D. Davis, 893 Fry Street, #4, Saint Paul, MN 55104, appeared on his own behaif. The hearing concluded on January 14, 2003. There were no additional submissions. NOTICE This report is a recommendation, not a final decision. The Saint Paul City Council will make the final decision after a review of the record and may adopt, reject or modify these Findings of Fact, Conclusions, and Recommendation.' Pursuant to St. Paul Legislative Code § 310.05 (C-1), the City Council shall not make a final decision until the parties have had the opportunity to present oral or written arguments to the City Council. Parties should contact Donaid Luna, City Clerk, City of Saint Paul, 170 City Hall, 15 West Kellogg Blvd., Saint Paul, Minnesota 55102, to ascertain the procedure for filing exceptions or presenting argument. STATEMENT OF THE ISSUES The issues presented at this hearing were: Is the Applicant ineligible for a taxicab license because he has a misdemeanor conviction within the last three years involving the use or threat of use of force? � St Paul Legislative Code § 310.05 (o-l). 0 3 a� 7 FINDINGS OF FACT 1. Brandon D. Davis ("Applicant") applied to the City of Saint Paul ("City") for a taxicab license on September 13, 2002. As part of the application process, the City checked the ApplicanYs criminal background. 2. Richard Jents is a license inspector for the City and is responsible for reviewing taxicab license applications. In response to his request for information, Mr. Jents received a report from the State Bureau of Criminal Apprehension of the Applicant's misdemeanor conviction for disorderly conduct. The City Attorney's Office requested a copy of the police report that gave rise to the criminal charge, and Mr. Jents reviewed the police report. Based on the police report, he concluded that the incident involved the use of force and the threat of use of force. Since the conviction had occurred within three years, Mr. Jents recommended that the ApplicanYs application for a taxicab license be denied. Mr. Jents did not interview any of the witnesses to the incident that gave rise to the criminal charges. 3. The Applicant was sent a Notice of Intent to Deny License Application, dated October 2, 2002. The Appiicant appeaied the application denial. Accordingly, this hearing was scheduled. 4. The Applicant was employed as a dispatcher for ABC Taxi. Scott J. Strouts is the chief executive officer of Drive Rite, Inc., d/b/a ABC Taxi. On August 10, 2001, Cindy Ness, now known as Cindy Ness Meek, was employed at ABC Taxi to take calls from customers requesting taxicabs and pass the requests through a window to the dispatcher who sat in the next room.� On that day the Applicant was working as a dispatcher, and had calied in one of the drivers, Abduwahid Gedi, to discuss a violation of office policy. Mr. Gedi and the Applicant got into an argument. Ms. Ness came out of the room where she answered the telephone and got involved in the argument. The Applicant called Mr. Strouts who was at his home. Mr. Strouts could hear shouting, and the Applicant asking Ms. Ness to sit down, to stay out of the dispute with Mr. Gedi, and to calm down. Mr. Strouts could hear Ms. Ness screaming and swearing. During the conversation, Mr. Strouts was disconnected. Mr. Strouts called back, the argument was continuing, and the line was disconnected again. At that point, Mr. Strouts left his home and drove to the office. 2 Test. of Richard Jents; Exs. 2, 4. 3 Ex. 6. ° Ex. 8. 5 Ex. 9. 6 Test. of Brandon Davis. ' Test. of Scott Strouts. $ Test. of B. Davis. 9 Test. of B. Davis; S. Strouts. 2 o3-a�7 5. When the police arrived, Ms. Ness was sitting outside and was bleeding from the forehead. The paramedics also arrived and recommended that Ms. Ness seek medical care for possible stitches. The Applicant was in his o�ce, and the officers saw biood on the telephone and on a siiver pair of scissors. The Applicant told the police that he had hit Ms. Ness with the telephone in self-defense because she was attacking him with the scissors. The Appiicant was arrested and charged with assault of Ms. Ness and terroristic threats against Mr. Gedi. 10 6. The Applicant admits that in the course of the argument, he struck Ms. Ness in the forehead with the telephone. He states that Ms. Ness is a very large woman, and that she had him pinned into a corner. She was brandishing a pair of scissors, screaming and swearing. He struck at Ms. Ness to protect himself. He acknowledges that Ms. Ness was bleeding from his blow and that she went to the hospital for care of the injury. He regrets that he hit her." 7. Mr. Strouts has known the Applicant for eight years. The Applicant has been an excellent employee, and there have been no other instances of violence, arguments or probiems with the ApplicanYs job performance. Mr. Strouts heard the argument over the telephone and believes that Ms. Ness inappropriately intervened in an argument between the Applicant and Mr. Gedi. Mr. Strouts believes that Ms. Ness disconnected the telephone conversations occurring during the incident. 8. On September 2001, the Applicant entered into a plea agreement. The charge of terroristic threats against Mr. Gedi was dropped, and the assault charge was reduced to a lesser charge of disorderly conduct. 9. The Applicant is also licensed to drive a taxicab by the City of Minneapolis." 10. Any Finding of Fact more properly termed as a Conclusion is hereby adopted as a Conclusion. CONCLUSIONS 1. The Administrative Law Judge and the Saint Paul City Council have jurisdiction in this case.� 10 Ex. 4. li Test, of B. Davis. 12 Test, of S. Strouts. 13 Ex. 5. 14 Test, ofB. Davis. � Paul Legislative Code §§ 310.05, 376.16; Minn. Stat. § 14.55. 3 0� a � 7 2. The Applicant received timely and proper notice of the hearing and the City has complied with all relevant substantive and procedurai requirements of statute and rule.' 3. The City has authority to deny, suspend or revoke a license and to impose penalties for violation of applicable statutes and rules." 4. The City has the authority to deny a taxicab license to a person who has had a misdemeanor conviction involving the use of or threat of use of force.� 5. The Applicant has shown by a preponderance of the evidence that he does not have a misdemeanor conviction involving the use or threat of use of force. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS HEREBY RECOMMENDED: that the City of Saint Paul GRANT the Applicant a taxicab license. Dated this�/day of January, 2003. �� - BEVER NES HEYDI ER Admini ive Law Judg Reported: Tape-recorded (one tape) MEMORANDUM The Saint Paul Legislative Code provides that a license applicant may have no "misdemeanor convictions in the last three (3) years involving the use or threat of use of force... ." The Applicant does not dispute that he has been 16 See Minn. Stat. § 14.57 —14.61; Saint Paul Legislative Code § 310.05. �� Saint Paul Legislative Code § 310.06. 18 Saint Paul Legislative Code § 376.16(e)(4). 19 Saint Paul Legislative Code § 376.16 (e) (4). The provision allows the City to grant an exception if the offense is not related to the occupation of taxicab driver, but the Applicant has not argued that the incident was unrelated to his occupation. 0 r� 3 -a� � convicted of a misdemeanor within the past three years. However, he does dispute that he used force or threatened the use of force except in self-defense. In reaching its conclusion that the offense involved the use of force or threatened the use of force, the City relied solely on the police report, and gave greater weight to Ms. Ness's version of what occurred than it gave to the ApplicanYs version. The police report includes the statements made both by Ms. Ness and the Applicant. Because of the costs of going to trial, the Applicant agreed to plead guilty to the lesser charge of disorderly conduct. As part of a plea bargain, the prosecutor dropped the terroristic threat charge, and reduced the assault charge to disorderly conduct. The crime of disorderly conduct does not require the use of force or the threat of force. 609.72 Disorderly conduct. Subdivision 1. Whoever does any of the following in a public or private place, including on a school bus, knowing, or having reasonable grounds to know that it will, or will tend to, alarm, anger or disturb others or provoke an assauit or breach of the peace, is guilty of disorderly conduct, which is a misdemeanor: (1) Engages in brawling or fighting; or (2) Disturbs an assembly or meeting, not unlawful in its character; or (3) Engages in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others. � A person does not violate this section if the person's disorderly conduct was caused by an epileptic seizure. The Applicant has consistently maintained that he acted in self-defense. Mr. Strouts' testimony corroborates the ApplicanYs version of the facts. There was no apparent reason for Mr. Strouts to protect the Applicant, and it could be to his detriment to employ a person who may be violent. Thus, Mr. Strouts' testimony was given considerable weight. The City did not offer any evidence that would corroborate Ms. Ness's version. Mr. Gedi and the Applicant have continued to work together without incident. There are no other complaints against the Applicant and no evidence of any other incident involving force or the threat of it. The plea of guilty to disorderly conduct does not presume the use of or threat of use of force. 5 D�3-� The Applicant's taxicab license has been renewed in Minneapolis. Alfhough this fact was given little weight, it does support the Applicant's position that he is not a danger to the public. Based on the evidence presented, the Applicant has shown by a preponderance of the evidence that he did not commit a misdemeanor within the last three years involving the use or threat of use of force. Accordingly, it is recommended that his application for a taxicab license be granted. -�11: A o �3 a�7 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS ADMINISTRATIVE LAW SECTION 100 WASHINGTON SQUARE, SUITE 1700 MINNEAPOLIS, MINNESOTA 55401 CERTIFICATE OF SERVICE Case Title: In Re the Application for a OAH Docket No.: 15-6020-15225-3 Taxicab License of Brandon Davis Nancy J. Hansen certifies that on the 22nd day of Januarv, 2002, she served a true and correct copy of the attached Findinqs of Fact, Conciusions of Law and Recommendation; by piacing it in the United States mail with postage prepaid, addressed to the following individuals: Donald Luna Virginia D. Palmer City Clerk Assistant City Attorney City of Saint Paul 400 City Hall 170 City Hall 15 West Kellogg Blvd. 15 West Kellogg Blvd. St. Paul, MN 55102 St. Paul, MN 55102 Brandon D. Davis 893 Fry Street, No. 4 St. Paul, MN 55104 � 3-a� 7 OFFICE OF ADMIPTI5TRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In Re the Tasicab Driver License Application Submitted by Brandon D. Davis CIT`Y'S PROPOSED EXHIBITS January 14, 2003 TO: Judge Beverly Jones Heydinger, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Squaze, Suite 1700, Minneapolis, Minnesota 55401 The following consritutes a list ofthe City's proposed exhibits forthe Administrative Hearing on January 14, 2003. Exhibit No. Description E�. No. 1 Tasicab Driver License Application, dated September 13, 2002, with Receipt For Application, copy of Minnesota Driver's License, and State Record Check � PP•)� � Exh. No. 2 Exh. No. 3 E�. No. 4 E�. No. 5 E�ch. No. 6 Exh. No. 7 Bureau of Criminal Apprehension printout, dated September 12, 2002 (3 pp.); License information (4 pp.); Minneapolis Police Department Report MP-01-227598 (10 pp.); Hennepin County Criminal Courts Case History Record (2 pp.); Notice Of Intent To Deny License Application, dated October 2, 2002, with Affidavit of Service (3 pp.); Notice of Council Meeting packet, dated November 27, 2002, with Affidavit of Service (24 pp.); s •. 0�3 a� E�. No. 8 Memo from Peter Pangborn to Councilmembers, dated December 10, 2002 � P•)> Exh. No. 9 Notice of Hearing, dated December 11, 2002, with Affidavit of Service (4 pp.). Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code § 310.05 St. Paul Legislative Code § 310.06 St. Paul Legislative Code § 376.16 Respectfully submitted this 14th day of January, 2003. � �-C�� Vira ni . Palmer Assistant City Attorney Office of The City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (651)266-8710 �. • � TAXICAB DRIVER LICENSE APPLICATION THIS APPLICATION IS SUB.TECT TO REVIEW BY THE PUBLIC PLEASE TYPE OR PRINT IN INK Applicant Name andTitle: Home Address CITY OF SAINT PAUL O�ce of Li�ense, Inspections and Environmenial Protection 350 Sr. Prtcr Svett, Sui�c 300 SaintPaW,MiMesota SSIO2 (65q 2659090 Fu (651) 26f.9t24 Wrb:wwn.cisipaul.mv.uslliep D3-a� LICENSSS ARE NOT TRANSFERABLE PAYMEI��T MUST BE RECEIVED WITH EACH APPLICATION APPLICANT MUST BE PRESENT TO APPLY .�, .� l�/nY�.'t_. . - �� , - y � Ficst Middie =�i''� � � . � -'� Street (#, Name, Type, Direction) Mail To Address (if different than home address): : _. � _. :.. � _....:_. -� -: z _,._.;_. ..._.,._.. _.._.. _ ...""' (Maidrn) Last �� `.r�ra�... - ; -- City SVeet (#, Name, Type, Direction) City 't,',a�,::�_ _'_-`[:;�1� '.. "...»�TiUe _ .. �� State Zip+4 State Zip+4 v7., �.,!..� . Home Phone: (�+�1``J�� '> ->.�3's _. ..., _ � . . . "'..t� _, . �_ � h i Date of Birth: 4�"%' = /� `� '%'�:,� � Place of Birth: ,^�1 �f } , f �i<„ �'�� ' - r} � .;. ... -, ,�-�.��- Driver's License # ��,�� =�'�� .' f�,�s ' ` 1 ,/ Exp. Date � �'�;;'` " s � -��''�r ' - Are you a ciGzen of the United States? ' l i� `° IFyou ace not a US resident, you must provide proof of work authorization from the US Immigration and Naturalization Service. Name and Address of cab company you will be dri�ing for ' � -. � r� , 1 i ��i --!! , ; z�/�� _;,°�` ,� a +-� ! '.r' 1/.:'� ._ �'� . _. �/ _ ._ ! 'L J �i. Do you own or lease the cab you drive? `= " `�' What is the lease rate you pay to operate the cab? i=� �.— �� ANY FALSIFICATION OF ANSWERS GIVEN OR MATERIAL SUBMITTED WILL RESULT IN DENIAL OF THIS APPLICATION I hereby state that I have answered all of the preceding questions, and that the infomtation contained herein is true and cocrect to the best of my knowledge and belief. I hereby state further that I have received no money or other consideration, by way of loan, gift, contribufion, or otherwise, other than already disclosed in the application which I herewith submitted. I also hereby state that I have read and understand the rules and regulations set forth in Chapter 376.16 (Taxicab Driver's License of the Saint Paul Legislative Code) and Chapter 376.17 (Taxicab Driver Training Course oFthe Saint Paul Legislative Code). _ �-°_'_ .-�°°... _� (REQUIRED for all � Date � � n e t e ax�ca rrver icense �pplication Submitted by Brandon D. Davis _ City's Exh. No. l 06l19/200] / RECEIPT FOR APPLICATION ' Date of Application: Sep 13, 2002 Received From: 2ao10004211 BR4NDON D DAVIS BRANDON D DAVIS S93 FRY ST , APT 4 ST PAUI MN 55'104 In application for: Tauicab Driver (Provisionap (1) Taxirab Driver' (1 ) Eff Date: Sep 07, 2001 - Exp Date: Sep 07, 2002 Lic Fee: Eff Date: Sep 13, 2002 - Exp Date: Sep t3, 2003 Lic Fee: Total Due on this application $80.00 Other Fees Owed $a.00 Account Total Amount Due $80.00 Amount Paid $80.00 Date Received Sep �3,2002 Outstanding Account Balance Due $0.00 Contacts: Project Facilitator. ASUNCION, CORINNE Inspector(s): JENTS, RICHARD (RICH) License (651) 266-9116 Conditions: � � d CITY OF SAINT PAUL O(fice of License, inspections and Environmental Profection 350 SL Peter SL Su�e 300 $aint Paul. Minnesota 55102-1510 (651)266 Fax:(65t)266 www.ci.sfpauLmn.usi(iep �3 540.00 Amount Paid: $40.00 $40.00 Amount Paid:$40.00 N — ; I �� Requirements: Record Check � �� This is not a License to operate � �� 0� � ;� , s, ��..° . ��;��i' � �� i ' ri r 1 J Page 1 of 1 b3r� z �I� i ;, �'F,'�' Y�y, ��. �,+i. , �I BRANDON DANIEL DAVIS 893 FRY ST #4 ST PAUL, MN 55104 %KY��i�"'""'� 0'I�YI�)d � � "� � °: � �_ `: -� � ; � ,. .�r°'� . "��F.l <".�`�' `" :�m�'n �`��« � '`"-n,� �'?. t�� ._ � `:.. ��-� ..�..c T1 � .. ? Check.- HyperTerminal �1 "� TR�+'.NSFER TO. Oyt � 3, 'L[i L ��5 � r F..'�'. L�F-*.,;EF. TT_G'E2'bE � i�fiSE� 1-�5, ZL�iti�RS' `* 1� C�: COMMERCS Z STATUB� ?'A-�D HELP: P�GE: .IE � '' '�� 1:i�5 �9� ST.=.TUB ��'v _D CI,:�SS:��TYPE:�]. SEN� R: IED:�',I,SM-NIOB: EPIDORS: _ DOPtOR: i�. ZSVIP7G 4J22,2,: 9+ CORFECTSVE I�ENB: B-CARD: ' PHOT� �.`.TCH: G�i?;Zi�CD`�� DUPI, BABCH: G'=1p`J'?5�33?10�0 e ,�. ;i;�'• '�� NANIE�: ��._S•:DC�P�7 ��,�`�7L� DaL'S� B2RTH DyTE: O±i'�i9t197� AESTR 2NFrJ: �� DDR:� ��3 FRS' uT ',»t,�? CSTY:'ST Ft?Liy �.^.GUNTY: , Z2P:�� 1C'4 L<',SLSNG t?DDR: EYE$c-. fi.�;S•�: HESCHT; �'_1 E=GHT: LiD GENDER: SUSPENSE: TSCKLEA: �:� DI, SBSUE. DriTE� .I.,=,�i �1��,1i,tG?�t�DI, EXPSRE DATE: Ort'L19,`2�105 a �..� - _. zrili��'��: a;'� WT Gr. 5 L�R?,' WO P_� �-'�5-54 ?58 �D _i7,/t`�dt''?= E'SD TiAT P S t�D.l.�) ��?i.Li.i.P �O_i :E:? iIS7+?ER 2E��OC=.= -�,'`lc.la�= - -:;1-S� ?S1 sL; XT Rc�QUnBT: La�ytT _-'.E`.-�.�T::iCT7 riCGF�.°�S mQ PEAS^vP7riT• SA7FC ,f �� -- ,�. " � '" .� r'�-.�� 's.v a� � y'�z . _.s. � i..u°-so-;` �. , � a�7''_uat . .�. �. - State Record Check - j;jE �. TRANSFSR TO: i�VC:� - L�.r.'w DRTLT"� _��.,�Pa3E �^C:-�+IERC`.T_?.I� =P.;Qli2F.i �' COP'IMERCSAZ� STPTIIB: i?'r'.e2D f�EI�P: IE� �'-=�.t'-Ci�4- -�n� BF>I•�ID=JYd L�:iiSL� Dr. ' DOS: G7,i�l�t'i_°7Z � i�If�JG/`� ✓ci� 7idT S L19'=`i�'"'7 ".`.i_ rf' ..s. �a�?i`1�- a��-�.".�',� rL xEC�uESm: i3 i 2�..�'i � :l':6:2 E1GE : �0 _ T:ZSS RECC�RD =H�iA7w CUr.;VSCS'>:�TdS A?dDjOF.!!_:STF!TSi�*;u iai2TFC_SS '1":?E �.c.aT � YE.=.F:S � STATE OF MINNESOTA D��pc(o Z DEPARTMENT OF PUBLIC SAFETY BUREAU OF CRIMINAL APPREHENSION CRIMZNAL JUSTICE INFORMATION SYSTEMS SECTION 1246 UNIVERSITY AVE, ST PAUL, MN 55104 - 4197 www.bca.state.mn.us (651) 642-0670 TTY (651) 282-6555 Date: 2002/09/12 Name: DAVIS, BRANDON DANIEL DOB: 1972/07/09 SEQ #: 2209 � This letter certifies that a search has been made of the criminal history files maintained in Minnesota by the Department of Public Safety, Bureau of Criminal Apprehension. The search was performed by Name, Date of Birth and verified by the fingerprints that were submitted. The result of this search indicates that a record has been found based on the above search criteria and the information is attached. This does not preclude the possible existence of additional information located at county or city levels. If you have questions about this record please contact the telephone number above. � n e t e axica nver icense � Application Submitted by B: andon D. Davis _ City's Exh. No. 2 � ST'riE OF MTNN�SOTA DEPARTMENT OF PUBLIC SAFETY BUREAU OF CRIMINAL APPREFiENSION COMPUTERIZED CRIMINAL HISTORY/ IDENTIFICATION SERVICES 1246 UNIVERSITY AVE, ST PAUL, MN 5510a - 4197 (651) 642-0670 TTY (651) 282-6555 � � 7 r:r*�t**:t*��:r�r*�t��*t***t��::t*�tt**��****�****�t*�:t�*�:*�+t*t+*�*�**�**�x****��t***��t� �DULT ADUL'T ADULT ADULT ADULT ADULT ADULT ADULT ADULT ADULT C ADULT ADUI,T ADULT ADULT ADULT ADULT ADULT ADULT ADULT ADUI, E��,�+**�*****+**�**�r****�**�**�***�****�:****:�,�*��:��***:�***��:**��*+��****�+**�:� The following data was obtained from ADULT records maintained at the BCA. JAME: DAVIS, BRANDON DANIEL BIRTFIDATE: 1972/07/09 iTATE ID NUMBER: MNO2405370 FBI NUMBER: 27310WB1 )FFENDER STATUS: Single State Only ;EX: M RACE: Black AEIGHT: 6 FEET 00 INCHES WEIGHT: 220 POUNDS SKIN: Light Br EYES: Brown HAIR: Black BIRTH PLACE: Minnesota PHOTO AVAILABLE: N COUNTRY OF CITIZENSHIP: USA (United States of America) JCIC FINGERPRINT CLASS: �IGHEST CONVICTION LEVEL: Misdemeanor 2EFORTED ALIAS NAMES: �AVIS, BRANDON DANIEL 2EPORTED DATES OF BIRTH: L972/07/09 >CARS, MARKS, I�ND TATTOOS: ------------------------- CAT L ARM TAT R ARM PRCD EARS SC FACE ARREST AND CONVICTION INFORMATION �RREST : 1 �12REST DATE: 2001/08/10 INTERSTATE TRANSFER: =ONTROLLING AGENCY: MNO271100 MINNEAPOLIS PD �OCAL ID #: 91003609 �RREST COUNT: 1 CASE NUMBER: 01227598 3TATUTE: 609.713.1 �HARGE: Terroristic Threats-Reckless Disregard Risk �ISPOSITION: OUTSTAND WARR OFFENSE DATE: 2001/08/10 �OMMENTS: WARRANT �RREST COUNT: 2 CASE NUMBER: 01227598 3TATUTE: 609.223 �HARGE: Assault-3rd Degree JISPOSITION: OUTSTAND WARR OFFENSE DATE: 2001/08/10 :ONIMENTS : WARRIINT ARRESTEE NUMBER: 0 MOC/UOC: A9B02 SJIS NUMBER: MOC/UOC: A3252 SJIS NUMBER: a `. 3TATE TD NUMBER: MNO2405370 FBI NL7i/f3SR: 27310WB1 �OURT DATE: 2001/09/20 MNO27015J HENNEPIN CO DISTRICT COURT �ONFINEMENT AGENCY: MNO27043C AENNEPIN CO WRKFiSE—ADULT CORR ?ROBATION AGENCY: MNO27013G I�'NNEPIN CO PROBATION OFF 63 �Z PAGE 2 �OUf2T COUNT: 1 CASE NUMBER: 01227598 SENTENCED: 3TATUTE: 609.713_1 MOC/UOC: A9B02 �HARGE: Terroristic Threats-Reckless Disregard Risk �ISPOSITION: DISMISSED PLEA: SJIS NUM: �OURT FILE NUMBER: KX01066040 CONVICTION LEVEL: �OURT COL7NT: 2 CASE NUMBER: 01227598 SENTENCED: 2001/09/20 3TATUTE: 609.72 MOC/UOC: N3030 �HARGE: Disorderly Conduct �ISPOSITION: CONVICTED PLEA: Guilty SJIS NUM: �OURT FILE NUMBER: KX01066040 CONVICTION LEVEL: Misdemeanor 3ENTENCE ?RONOUNCED SENTENCE : 30D ?ROBATION : lY :ONDITIONAL CONFINEMENT: 4D ?INED . $250 �MOUNT OF FINE STAYED . $250 �OURT COSTS OF . $3. PER REST/COST EXEC SENT STYD THE USE OF THIS RECORD IS CONTIZOLLED BY STATE AND FED RRAT , REGULATIONS. IT IS PROVIDED FOR OFFICIAL USE AND MAY BE USED ONLY FOR THE Pi7RPOSE REQUESTED. THE RESPONSE IS BASED ON INFORMATION FURNISHED BY THE REQUESTOR AND COMRARED AGAINST DATA MAINTAINED AT _.. THE MINNESOTA BCA. THIS RESPONSE IS ONLY BASED ON FINGERPRINTS IF FINGERPRINTS ACCOMPANIED TI3E REQUEST. THIS DOES NOT PRECLUDE THE EXISTENCE OF OTF3ER CRIMINAL"RECORD INFORMATION WHICH MAY " BE CONTAINED IN OTHER LOCAL OR FEDERAL AGENCIES. BECAUSE CHANGES MAY BE MADE AT ANY TIME, A NEW COPY SHOULD BE REQUESTED WHEN NEEDED FOR FUTURE USE. License� roup Comments Teut 2icens� : BRANDON D DAVIS DBA: ` BRANDO.R� D DAVIS License #: y0 01 0 0 0 4211 09/13/2002 To CAO ior revew c.' 2cord chedc. CAR 09l09/2002 Canceled. RS OSl02!'2002 Sent lefter. Prov. lic. will soon expi2; must renew or be pnceled. RS 11/19/200� Sent ietter. passed exam: must exchange prov, lic. for regular. No cost RS 10/OS/2001 Senf letter re Nov. dasses. RS 09N 3/2002 � n e t e axica rrver icense Application Submitted by Brandon D. Davis _ City's Exh. No. 3 ��i��a�� Two r a,oce�r t tic�a r u,nrr� f na 5�1reM f. 3� Strec[t�ie: �TYPC �� QteC�n� I„"'. _ .SI �* � CAY N4f* � _ ., �.r,., �"��+�� `.�"`". `:�r ��;�e.�ir. Tvr1e . ?e 9 ,� ...�. _ ,.,.........., — — — — — .,�M:..>.�...,,f,..-.�.�,,, OBA NbtiDDAr1S �= lcatse � LiCN150e � lic. Typ6s � tourevrce ' � "' Bonp ' ' � Rdatfremerls� Ske � f• prpppty f' Lk�nsee C t.Mil'dei { PIN�FeaBatar ASUVQON CORlAE Qia ] STraetJ. �3 i 1lN+erseAdionCamtneria i8y �SreetNar�'p �Y Cx��i�m'.9eeraeSOaqi.RS �� SYreet TYpc I _ ?'. Di'ectb�x � j� � iki t� rAPT tli3 /: � i �caY PAtA. _ ��x��PCOmmertx � [-- � �, y 372002 7o CAO ta revkw of recatl W�Ic. CAFt �aaw i Gt�eO.RS i Ytird � � Setd IeUS Prov. 6e. rad soon er�iG mi4 ��atCdaait�ft ' : orhec�.RS rpinarzu f lkensex DDAYS licensoe . . . +ron� anmunnavic CIXIMet'fS ib IXher �rov7sqnery �2 08A7+T001 09A7R11�2 N S10AU Tot� ff0.a --- - � TY4 . � �r....�. - OBl4 OOAYiS �`:� � - -_ . 7 -_ __ _ 7 54'a� �°enae licmtte , Lic.TYOes � Wvarce i Bmd �Ra�drertwrts Site� l�aNmia _ DDAVIS ��{� � nq's � OBA DDAV6 . ..... g. :�.,� � � SeiesTarkt Non-Proft� Nbrker'sCOmP: � AdO� � _..�,.:_•�) �ncvaa�taecx nsne��evt o�oo� �` aaFeocoSectecx �� D�auiR�'a� � 1Aei To Cutact {,', li�se A�iress : Beck9ro�ndC�dt�retl �' °C�metF 0004271 .,...a.,,...�.a....m� . .,� ' _'�'ls9. a�'' '�.*.':`:� 41�Lk.roiweTa— BushessAd09AD77m61�A00iDAN5 &iRFACN � Ma� To Co�ct . ( ) (851 {". lkm5a Add'ess atched : 18:35 Arrived: 18:40 Cleared: 20:15 Entered: OB/09/2001 19:55 By: 012 RSPORT Minneapolis Police Department CCN #:MP-01-227598 Created: OB/10/2001 07:38 PAGE #: 1 ------------------------------------ Solvability : 100 Assign to: � 3�0491 -------------------------------------------------------------------------------------------- original CCN : MP-00-000000 Pct: OS Sqd:510 O££icer: 00271 Bantle Supervisor ID: Incident code: Incident code: Address . Occured Fxom : Reported . Dispatched . Location . Sporny Asst. O££icer: Lennander Entered ID: 1. ASI.T3 609.223 Attempt: Aslt-sgafcnt Bd Rte: 2. THI2EAT 609.713 Attempt: Texroristic Threats 2B38 Stevens AV S Minneapolis MN OS/09/2001 1815 To: 08/09/2001 1845 08/09/2001 1954 1835 Arrived: 1840 Cleared: 2015 Colclough 4123 - Homicide ----------------------------------------- Arrestee -------°-------------------------------- Role/Name : A 001 Davis , Brandon Daniel DL:MN D-120-098-135-544 Arrest Addrs : 2838 Stevens AV S Minneapolis MN Charges : 1 4 ASLT3 609.223 Aslt-sgnfcnt Bdly Hm Citation: Charges : 1 4 THREAT609.713 Tesroristic Threats Citation: O££icer : Bantle ID#: 00271 Call Number: 510 Of£icer : Lennander ID#: 04081 Call NvmUer: 510 -----^------------------------------ Arrest Disposition --------------- Disposition : Booked County Arrested Date: 08/09/2001 18:45 MPD#: Repoxted By . Reported Date: 08/09/2001 19:54 Address : 693 Frye ST Apt. 4 St Paul MN 55104 0091003609 DOB. : 7/9/1972 Age: 29- 29 Aqt From : 511 - Build: Race/Sex : Other/Mixed Race/Sex: Male Nickname . Emp. Status . AC Phone(Ext): H:651-644-6671 Med. Treatmen: No Prior Injury : No Juv Diversion: No Force Used : No Eye Color : Brown R/L Handed : Le£t Aair Color : Black Hair Length : Short Hair Style : Curly/Wavy Complexion : Medium Teeth : Normal Appearance : Friendly/Gentle Speech : Regional Role/Name . Address . DOB. , Race/Sex . Nickname . Emp. Status . Victim O£ . AC Phone(Ext): Avail, Date . - Victim -------- V 001 Ness , Cindy Ann 5725 43 AV S Minneapolis MN 7/7/1955 Age: 46- 46 Agt From : White Sex: Female ASLT3 H:726-1143 . To: . DL: - Build: �Yi4 n e e ax�ca river icense Application SubmiYted by Brandon D. Davis _' City's Exh. No. 4 Case REPORT Minneapolis Police Department CCN #:MP-01-227596 Created: 08/10/2001 07:38 _________________________________________________________' Eagiloy/School: Title: Emp/SCh Addr : AC-Phone(Ext): n/a- Med. Treataen: Yes Prior Injury : No Juv Diversion: No Force Used : No Injury I.ocati: Head/Neck FOREHEAD, NOSE ------------------------------------------ Victim -------' Role/Name : V 002 Gedi , Abduwahid Abdu Address : 314 Hennepin AV S Apt. 1405 Minneapolis MN DOB. : 1/1/1975 Age: 26- 26 Hgt From : Race/Sex : Black Sex: Male Nickname . Emp. Status . Victi.m O£ : THREAT AC Phone(Ext): H:242-3214 Avail. Date . . To: . Employ/School: Abc Taxi Title: Dsiver Emp/Sch Addr : AC-Phone(Ext): n/a-7B8-1111 Med. Treatmen: No Prior Injury : No Juv Diversion: No Force Used : No ------------------------------------------ Witness Role/Name : W 001 Strouts , Scott Jerald Address : 98 Hawthorne RD Hopkins MN DOB. : 4/30/1958 Age: 43- 43 Hgt From : Race/Sex : White Sex: Male Nickname . Emp. Status . AC Phone(Ext): A:952-930-3629 Employ/SChool: Abc Taxi Emp/Sch Addr : AC-Phone(Ext): n/a-414-5144 Med. Treatmen: No Prior Injury : No Juv Diversion: No Force Used : No Title: Owner -------------------------------------- Relationships ---- Relationships: A 001 Employee V 001 Relationships: A 001 Employee V 002 Relationships: A 001 Employee W 001 Modus Operandi Crime Element: Arrest(s) Made Victim Locati: At Work Crime Locatio: Othex Business ABC TAXI COMPANY Victim Was : Threatened DL: Build: DL: Build: PAGE # : 2 Ca$e REPORT Minneapolis Police Department CCN #:MP-01-227598 Created: OB/10/2001 07:38 PAGE #: 3 ------------------------------------------------------------------------------------------ Victim Was : Hit/Assaulted Weapon Used : Co�ents TELEPHONE ________________________________________ Public Data ________________________________________ O££icers wexe dispatched to an assault. Upon arrival, we met with victim 1 who was bleeding. She stated that AP1 hit hex in the £ace with a telephone. O££icers met with victim 2 who stated AP1 made several threats against him. AP booked HCJ. JUDICIAL PROBABI,E CAUSE: TFIE COMPLASNANT, BEING DULY SWORN, SWEARS THE BELOW FACTS ARE TAUE AND CORRE.CT TO THE BEST OF COMPLATNANT'S KNOWI.EDGE AND BELIEF AND CONSTITUTE PROBABLE CAUSE TO BELIEVE THAT THE BELOW-NAMED ARRESTEE COMPIITTED THE OFFENSE (S) DESCRIBED HEREIN. COMPLAINANT'S SIGNATCJRE NOTARY SIGNATURE AND STAMP SUSMITTED UNDER OATH BY SIGNATURE OF NOTARY A.B.,Peace Officer License Number , Hennepin County, Minnesota. My license expires on June 30, OFFICERS WERE DISPATCHED TO THE LISTED BUSINESS ON AN ASSAULT. UPON ARRIVAL, WE WERE MET BY VICTIM 1 WEiO WAS BLEEDING FROM A 2 INCH CUT ACROSS THE FOREHEAD AND HAD A BRUISED AND SWOLLEN NOSE. VICTIM 1 STATED THAT A CO-WORRER (AP1) DID THIS TO HER. PARAbfEDICS WAS CALLED TO THE SCENE AND BELIEVED THAT VICTIM 1 WOULD NEED STITCHES ON HER FOREHEAD. OFFICERS ALSO SPOKE WITH VICTIM 2 WHO STATED THAT AP1 THREATENED TO KILL HIM SEVERAL TIMES. VICTIM 2 TOLD OFFICERS THAT HE BELIEVED "100$" THAT AP1 WAS CAPABI.E OF CARRYING THESE ��'nTS OUT. AP1 WAS BOOXED HCJ ON TERRORISTSC THREATS AND ASSAULT 3. PC AUTHOR2ZED BY SGT SPORNY #6732. -------------------"------------------------------------------------------------------ END OF PRZNT FOR Case MP-01-227598 -----------------------------------------°---------°-------------------------------- ------------------------------�------------------------------------------------------- PRINT FROM SUPSRVSI BY EMPLOYEE # 96986 09/24/2002 09:39 -----'--------------------------------^--------------------------- Printed 09/24/2002 09:40 Minneapolis Police Depart�nent PAGE: 1 Case Supplement Case: MP-01-227598 Supple�ent: 1 STATEMENT OF OFFICER LENNANDER, #4081; 8/9/O1 AT 2008 HOURS; CCN: 01-227598; TYPED 8Y CT On 8/9/O1 I was working squad 510 with Officer Bantle. At 1835 hours, we were dispatched to 2836 Stevens Av S, which is ABC TAX2, on the report o£ an assault. Upon arrival, Officers met the victim in £ront. She was bleeding from the forehead. She told Officers she was assaulted by the dispatcher who was still inside the business. Officers were directed by another EIDployee to the Dispatch office where we found the male, later ID'd as AP1 DAVIS, speak on the telephone. Officers approached him, told him to stand up and place his hands behind his back. He was then handcuffed behind his back. At his desk, which is the desk on the south side of the room, I observed blood on a telephone and on a silver (in color) pair of scissors. OPficer Bantle and I walked him out to the squad car where he was placed in the rear. I stayed with AP1 and identi£ied him while Officer Bantle spoke with the victim and witnesses at the scene. Of£icers determined that AP1 had assaulted victim 1 and had threatened another victim who is a cab driver at the company. Officer Bantle spoke with Sgt Sporny who authorized PC for AP1 AP1 was booked at HCJ. --------------------------------------------------------------------- Printed From SUPSRVSI By Employee # 96986 09/24/2002 09:40 --------------------------------------------------------------------= Printed 09/24/2002 09:40 Minneapolis Police Department PAGE: 1 - • ' Case Supplement Case: MP-01-227598 Supplement: 2 STATF.MENT OF OFFICER BANTLE ON 8-9-01 AT 2008 HOURS, JAC TYPING: On 8-9-01, I was working Squad 510 with my partner, O££icer LENNANDER. At 1835 hours, we were dispatched to ABC TAXI, 2838 Stevens AV S, on a report o£ an assault. Remarks of the call stated that "CINDY, an P$ployea" was assaulted by a Dispatcher whose name was BRANDON. Ambulance was also being dispatched_ Upon arrival, I immediately observed a female, later ld'd as victi.m 1/ NESS, sitting on the £ront steps of the business. She was holding a towel on her forehead and crying. I observed that there was blood all over her face and dripping down from under the towel. She also had blood on her pants, shirt, and hands. She told me that a Dispatcher by the name o£ BRANDON hit her across the face with a telephone. She said BRANDON was still inside the building in the Dispatch area. Of£icers entered the building and were directed by other employees to the Dispatch area. This is a room on the NE corner of the building which contains two desks separated by a divider. As I entered this room, I observed a male seated at one of the desks (le£t side £rom door). 2 said, "Are you BRANDON?" The male replied, "Yes." At this point he was placed in handcuffs without incident. As he was being handcuffed, he made a spontaneous statement that he struck victim 1 with the telephone in self defense because she was attacking hlID with the scissors. As we were handcuf£ing, I observed that there was blood on the desk to the right of the door opposite where BRANDON was seated. There was a telephone on this desk, which also had blood on the receiver and hand piece. I also observed a rolodex which was on the floor with its cards scattered near the right desk. I briefly inspected both desks. On the right desk, which was later ID'd as victim / NESS', I observed a yellow handled pair of scissors mhich was in a round pencil holder at the back of her desk. On AP/ BRANDON DAVIS' desk, there was a silver pair of scissors lying on the�outside edge. AP/ BRANDON DAVIS was placed in the back o£ our squad. 2 returned to the £ront of the business and spoke to victim 1/ NESS. She told me that she is a call taker for ABC TAXI and her desk is on the right side of the Dispatch room. She said that AP/ DAVIS sits at the desk on the left side. She said that at approx 1820 hours, AP/ DAVIS was yelling at a driver who was later ld'd as victim 2/ 6EDI. AP/ DAVIS ordered GEDI to sit down in the Dispatch area and stood above hira yelling. Victim 1/ NESS heard AP say to victim 2, "I will fuck you up and I will make sure all the other Dispatchers will £uck you up." AP continued to yell at victim 2 for several moments, at which point victim 1 intervened and told victim 2 to leave the office. At this point AP came over to victim l�s desk and pushed her with both hands and stated, "Shut the fuck up , you fat bitch " They then both were yelling at each other and callinq each other naxnes. AP1 next picked up the rolodex and threw it at her. The rolodex missed victim 1 and scattered on the floor near her desk. AP then came around and picked up victim 1's phone striking her 1 time across the forehead and nose with the hand piece. After being struck with the phone, victim 1/ NESS called 911 for an Ambulance. She also called the owner of the Company/ witness/ STROTS. She began to tell STROTS what had happened when the phone was disconnected for an unknown reason. She stated that witness called back and BRANDON answered the phone. At this point she started yelling that she had been hit and that she was bleeding. Victim 1 then fled the office area to the front of the business. I asked victim/ NESS if she had assaulted AP with scissors. She immediately denied this and started crying. I asked her if she had any scissors. She stated, "Yes" and that they had a yellow handle and were on her desk in a pencil holder. I asked her if AP had the scissors. She stated, "Yes, and they were silver." She also mentioned that she observed AP cutting pieces of paper with those scissors on the previous day. As I was getting victim 1's in£ormation, witness/ STROTS arrived on the scene. He stated that at approx 1830 hours, he received a phone call at home and could hear victim 1/ NESS screaming, "Help me Help me I'm bleeding" a£ter which the phone went dead. He immediately PYinted 09/24/2002 09:40 Minneapolis Police Department PAGE: 2 . - � Case Supplement Case: MP-01-227598 Supplement: 2 called back and AP/ DAVIS answered. He asked DAVIS what mas going on and DAVIS stated, "That fat bitch is getting in everyone's face." He could also hear victim / NESS screami.ng in the background. He said the phone went dead a second ti.me at which point he immediately drove to the business. Victim 2/ GEDI was out driving his cab upon our arrival. I asked witness/ STROTS to call hi.m back to the scene which was done. A short time later victim 2 arrived at the business. Victim 2 told me that he and AP/ DAVZS got into a disagreement over the radio regarding how calls were beinq dispatched. Victim 2 stated that AP became very angry and ordered hi.m to come to the Dispatch area_ Victim 2/ GEDI reported to the Dispatch azea where he had observed AP/ DAVIS and victim 1/ NESS sitting at their desks. AP ordered victim 2 to be seated and then stood over hi.m. AP was extremely anqry because victim 2 was disputing how calls were being dispatched. With his hands raised in the air, AP yelled, "I will fuck you up. I will kill you." He then said, "I can fuck you up 3 ways, 1-2 will kill you, 2-2 will kick your ass, or 3-2 can keep you £rom getting any dispatched calls." He then said if you continue to disagree with me over the radio, "2 will break you in two". It was at approx thi.s point when victim 1/ NESS intervened and told victim 2 to leave the Dispatch Office. I asked victim 2 if he believed that AP could carry out any of these threats. Victim 2 immediately stated, "I am 100� positive that he is capable o£ doing this." After taking statements, I returned to the Dispatch area and took pictures of victim 1/ NESS' desk and bloody phone. It should be noted that another employee had already cleaned up the thrown rolodex. The phone was collected as evidence and property inventoried. I also took photos of NESS' wounds. The camera was also property inventoried. HCMC responded to the scene and advised NESS that she may need stitches to close the cut on her forehead. She refused transport stating that she would be going to ABBOTT NORTHWESTERN HOSPITAL on her own. PC for Assault 3 on victixn 1/ NESS and Terroristic Threats on victim 2/ GEDI by Sgt SPORNY #6732. AP was booked HCJ where Victim Notification Forms were completed. Victims given blue card. -----------------------------------------------------------°---�--------------------------- Printed From SUPSRVSI By Employee # 96986 09/24/2002 09:40 ----------------------------------------------------------------'--------------------------- P�inted 09/24/2002 09:40 Minneapolis Police Departsient PAGE: 1 ' Case Supplement Case: MP-01-227598 Supplement: 6 SUPPLEI�NT OF SGT. M. LAVZNE ON 8/10/O1, 0150 HRS--CASE TO BE PRESENTED TO COUN'PY ATTORNEY I was assigned this case on 8/10/O1 and on that date at 1020 hours, I contacted by victim, CINDY NESS, and subsequenly took a statement £rom her indicating that she works in the same office o£ ABC Taxi as the deft. and heard the deft. arguing with a cab driver and she said that she approached the deft. , who was irate and asked him why he didn't let the driver explain, and the deft. then hit her with the phone on the forehead giving her a cut which required £ive stitches. And she also had an injury to her nose, which she had X-Rayed at Abbott Northwestern Aospital. SEE HER STATEMENT. On 8/10/O1, at 1045 hours, I contacted the Witness, cab driver, who said that he had called in by the deft. and was being reprimanded by the deft. and when he tried to speak was told to shut up and the driver £elt the deft. was getting ready to fight and Cindy then told the cab driver to leave, which he did at that time. He did not witness the assault on Cindy. SEE HIS STATEbfENT. On 8/10/O1, at approx. 1245 hours, I went to HC Jail and spoke with the deft., BRANDON DANIEL DAVIS. He was advised of his rights per Mi.randa. When asked if he understood his rights, he said yes. He waived his Miranda rights and spoke to me about the incident. He said that he was dispatching and had a dispute with a driver whom he had come in to the office and they had words in the office when the de£t. was trying to correct the cab driver. And at that time, the victim started yelling at him, the deft., and the driver waZked out. The victim got on the phone and called the boss and told the boss that the de£t. had hit her and she then hung up and at that time, Scotty, who is the boss, called the deft. and while the deft. was talking with Scotty on the phone, the victim came around and had a scissors in her right hand and he didn't have any place to go, so then he turned around and lashed out one time and popped her with the phone receiver. He said that he hit her on the forehead and that he felt bad, but thought that she was going to stab him because she is a big girl and had talked about stabbing people before. When confronted about speci£ics about this, he said that she had talked about con£rontations with her boyfriend, but he could not recall exactly hearing her talk about stabbing anyone. He gave a statement concerning the incident. SEE HIS STATEMENT. On 8/10/O1, at 1325 hours, I spoke with Stroud, He subsequently gave a statement indicating that he was first contacted by the victim and then when he called back spoke to the de£t. and heard the victim screaming in the background and heard the deft. telling her to get back, get away from me, then heard her scream and said she was bleeding. SEE HIS STATEMENT. CASE TO BE PRESENTED TO THE COUNTY ATTORNEY SGT. M. LAVINE HOMICIDE UNIT --------------------------------------------------------------------------- Printed From SUPSRVSI By Employee # 96986 09/24/2002 09:40 Ptinted 09/24/2002 09:40 Minneapolis Police Department PAGE: 1 Case Supplement Case: MP-01-227598 Supplement: 9 REPORT MADE BY OFFZCER JENSEN ON 8/12/O1 AT 0824 HRS BY CA CCN: 01-227598 On 8/10/O1, at 1602, I was dispatched to ABC Taxi (2838 Stevens Ave. S.) to retrieve a scissors found by one of the PmP.loyees. Sgt. Lavine requested the scissors be inventoried. The scissors was inventoried and held £or prints. ----------------------------------------------------------------------------------------- Printed From SIIPSRVSI By EmpSoyee # 96986 09/24/2002 09:40 P�inted 09/24/2002 09:40 Minneapolis Police Department PAGE: 1 • Case Supplement Case: MP-01-227598 Supplement: 12 --------------------------------------------------------------------------- SUPPLEMENT OF SGT. M. LAVINE ON 8/15/O1, 0845 HRS--CASE CLOSED BY ARREST AND COMPLAINT CHARGING BRANDON DANIEL DAVIS, DOB 7/09/72, WITH ONE COUNT AGGRAVATED ASSAULT 3, ONE COUNT TERRORISTIC THREATS This case was presented to Asst. HC Attorney Judith Holley on 8/10/O1 at 1530 hours and she requested that the scissors be recovered, which were being held by the owner, Scott Strouts, and also that the other dispatchers be contacted concerning these scissors. On 8/10/O1 at 1600 hours, 2 contacted dispatch and requested that a squad meet Mr. Strouts at the o£fice to recover the scissors. � On S/10/O1, at 1610 hours, I contacted Clayton Duncan, phone number 952-556-5553 and took a statement from him indicating that he seen the silver scissors on the dispatcher's desk. He works six to 2 PM and was replaced yesterday by the deft., Brandon Davis, at 2 PM. SEE HIS STATEMENT. On 8/10/O1, at 1615 hours, I called dispatcher Chuck Nastrom, phone 824-5044. Ae informed me that he had brought the scissors to the dispatcher's desk and had been using them. SEE HIS STATEMENT. On 8/10/O1, at 1630 hours, I went to HC Attorney's Office and obtained a complaint signed by County Attorney Holley. This complaint was then signed by Judge Albrecht and myself and filed with the clerk of district court, charging Davis with Assault 3 and Terroristic Threats. CASE CLOSED BY ARREST AND COMPLAINT SGT. M. LAVINE HOMICIDE UNIT -----'------------------------------------------------------------- Printed From SUPSRVSI By Employee # 96986 09/24/2002 09:40 ------------------------------------------------------------------ Pr'inted 09/24/2002 09:40 Minneapolis Police Departsnent PAGE: 1 - � � ' Case Supplement Case: MP-01-227598 Supplement: 13 Supplement of FS CA Johnson Identification Division 9-7-01 At the request of Sgt. LaVine, Homi.cide Division, a pair of scissors and a phone recovered in this case and inventoried under inventory number 01-25135 and 01-25246 were removed £rom the Property Room and processed £or fingerprints. Be£ore processing the items were photographed and a BLS sample was obtained from each item. The processing produced one latent £ingexprint on the scissors. This print was compared to the inked fingexprints on file £or Brandon Daniel Davis MPD#91-3609_ The results o£ this comparison were negative. Photos o£ the items and the print will be retained in the Identification Division. The items returned to the Property Room, and the BLS samples inventoried. -------------------------------------------------------------------- Printed From SUPSRVSI By Employee # 96986 09/24/2002 09:40 -------------------------------------------------------------------- JqN-13-2063 14 S1 HCDC C-1153 CftIM 16123486099 P.02/64 DATE/TIME PREPARED: HENNEPIN COUNTY CRIMINAL COURTS AT132601 01/13/03 / 13_52 CASE HISTORY REPORT PAGE #: 1 CASE # 01066040 Q�j'a�� 1 DAVIS,BRILNDON DANIEL (T) SIP #: 0047326� I/0: O 893 FRY ST DOB: 07/09/72 ST PAUL MN 55104 RAC�: 3 SEX: M DL: xx***x*** �� #* ***+x*+*�:xt:,�rx****�***+:t�** , ��+�+�:tt�*x:x*x*x::r* + ** #***99990999999 01066040 BLO CLOSED F ASSAULT 08/09/O1 DEF: DESCHMIDT,DAVID MPLS MPLS PROS: HAWI,EY,JUDITH CT O1* TERRORISTIC THREATS CT 02 ASSAULT IN THE THIRD DEGREE L CT 02 DISORDERLY CONDUCT OS/10/O1 05:36 CLERICAL : HOLD WITF30UT BAIL 08/10/O1 16:39 CLERICAL CT O1: COMPLAII3T FILED CT 02: COMPLAINT FILED ALL CT: ORDER OF DETENTION FLD/WARR ISSUED : CONDITIONAL RELEASE/BAIL ORDERED $25,000.00 BAIL: 5609.71351 5609.223S1 5609.72 FOR 08/10/O1 FOR 08f10/01 SANCTION : CONDITIONAL RELEASE CLS: 09/20/O1 : II3TENSIVE CDR SANCTION : CONTACT WITH VICTIM, NO CLS: 09/20J01 : NO CONTACT WITH VICTIMS, NO CONTACT WITH BUSINESS (ABC TAX17 08/13/O1 07:19 CLERICAL : COMPLAINT WARRANT RETURNED OS/13/O1 09:00 FEL SET: FAPP OCCRD: FAPP JUDGE AUFRESNE,M S ALL CT: FIRST APPEARANCE HELD ALL CT 08/13/O1 08/14/O1 OS/16/O1 : ID VERIFIED : DOC/CERT. OF REPRESENTATION FILED : COMPLAINT/READING WA2VED ; NOTICE/7.01/STATE REQ DSCLOSR FILED : ISOTICE/9.02 FILED = SURCHARGE/ASSESSMENT APPLIES : BAIL/REVISED TO $3,000.00 : CONDITIONAL RELEASE CONTINUED 23:58 CLERICAL : BOND RECEIVED JAIL/INTEGRA INS $3,OOD.DO 10:41 CLERICAL ; BOND POSTED BY INTEGRA INS INC $3,000.00 16:11 CLERICAL : LETTER FILED : FROM D DESMIDT TO J HAWLEY ASST CTY AZ'T : REQUEST FOR DISCOVERY PURSUANT TO RULE FOR OB/10/O1 FOR OS/10/O1 FOR 08/10/O1 : 9.01 : MOTION/FILED BY DEFENSE : AFFIDAVIT OF SERVICE FILED BY DEFN 09/10/O1 15:30 PCPT1 SET: PCPT OCCRD: CN JUDGE WIELAND, L : CONTINUED/JOIN'T REQUEST 09/20/O1 09:30 SET: FCPT OCCRD: PL JUDGE WIELAND, L CT 01: DISMISSED ON MOTZON OF PROSECLTTOR CT 02: COUNT/PLEAD TO LESSER CHARGE � � n e e axica nver icense Application Submitted by Brandon D. Davis SAN-13-2093 16� 31 16123486099 City's Exh. NO. 5 JAN-13-2003 14�52 Y DATE/TIME PREPARED: O1/13/03 / 13_52 CASE # 01066040 HCDC C CRIM HENNEPIN COUNTY CRIMINAL COURTS CASE HISTORY 1 YEAR DAVIS,HRANDOIS DANIEL (T} DOB:#.0�7I�9J�2� I/O: 0 993 FRY ST ST PAUL MN 55104 RP_CE: 3 S�X: M DL: xxx**xx*** �� + +�*�x+�*+:t*:tx:x*zr , tt**�**+:t**+rr**x , t+r*� sx*t*z,r �� ++**+t*99990999999 CT 02: ARRAIGNED CT 02: PLEAD GUILTY CT 02: SENTENCED FEE . FEE . SANCTION . SANCTION • SANCTION . SANCTION . SANCTION . TOTAL: SENTENCE STATUS - CLS: 09/20/02 FINE OF $ 300.00 DUE: 00/00/00 $ 50.00 SUSPENDED ,S 250.00 STAYED FOR AND SERVE 30 DAYS AT ACF 26 DAYS STAYED FOR 1 DUE DATE:00/00/00 ( 09/20/O1) PAYMENT OF LAW LIBRARY FEE $ PAYMENT OF SURCHP.RGE ANGER MANAGEMENT CONTACT WITH VICTIM, NO (TN ANY FORM) PROBATION/FOLLOW RECOMMENDATIONS RESTITUTION (RESERVED) SAME OR SIMILAR, NO $32.00 TOTAL PD: $38.00 09/ZO/O1, 09:30 INCARCSRATION ORDERED REPORT AT: OOf00/00, 00:00 HOLD STATUS: CREDIT JAIL TIME: 004 DAY , 09/20/0l 10:46 REG SET: REG OCCRD: CT 02: PAIDJSURCHARGE $35.00 CT 02: PAID/LAW LIBRARY FEE $3.00 10/16/O1 15:02 CLERICAL : TRANSCRIPT FZLED 11/�1/01 11:28 CLERICAL : BOND/DISCHARGED $3,000.00 _ BAIL/REVISED TO $ 12/02/02 15:40 REG SET: REG OCCRD_ : PAID/CERTIFIED COPY $10.00 YEAR $ 16123486099 P.a3iO4 AT132601 REPORT PAGE #= 2 (EXP: 09/20/OZ) (EXP: 09/20/02) 3.00 SAT: 09/20/O1 35.00 SAT: 09/20/O1 CLS: 09/20/02 CLS: 09/20f02 CLS: 09/20/02 CLS: 09/20/02 CLS: 09/20/02 TOTAL DUE: $0.00 RELEASB: 00/OOJ00,00:00 REG FOR FOR REG 08/10/O1 08/10/�1 JRN-13-2003 16�31 16123486099 98� P.e3 �. � OFFIC�F TfIE CITY ATTORNEY � 3� aIg � Manuel J. Cervantes, Ciry Atrorney CITY OF SAINT PAUL Rnrtdy C. Kelly, Mayor October 2, 2002 CivilDivision 400 Ciry Hnl! I S Wut Kel[ogg Blvd. Saint Paul, Mixnuota 55102 NOTICE OF INTENT TO DENY LICENSE APPLICATION Brandon D. Davis 893 Fry 5treet, #4 Saint Paul, Minnesota 55104 RE: Application for a Saint Paul Taacicab Driver's License Dear Mr. Davis: Telephone: 651 266-8710 Facsimile: 651 298-5619 The Office of License, Inspection and Environmental Protection has recommended denial of the taxicab driver's license application you submitted. The basis for the recommendation is as follows: You have a misdemeanor conviction for disorderly conduct for which you were sentenced on September 20, 2002. A review of the police reports shows that this incident involved the threat of force and the use of force, and resulted in injuries to another person. Pursuant to Saint Paul Legislative Code §376.16(e)(4) you are not eligible to be licensed as a Saint Paul cabdriver as you have a misdemeanor conviction within the last three years involving the use or threat of use of force. If you do not dispute the above facts, you may withdraw your application at this time. Altematively, if you do not dispute the above facts, but wish to have a hearing in front of the Saint Paul City Council to dispute the recommended denial of your license application, you will need to send me a letter admitting the violation and requesting a public hearing. The matter will then be scheduled for a public hearing before the City Council to determine the disposition of your license application. You will have an opportunity to appear and speak on your own behalf, or-to have someone appear there for you. On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing before an Administrative Law Judge (ALJ). 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"Notice of Hearing," so you will know when and where to appear, and what the basis for the hearing will be. � n e e axica rrver icense na-nnn-eeo em�PP�ication Submitted by Brandon D. Davis City's E�. No. 6 — � Page 2 � Brandon D. Davis October 2, 2002 � If you have not contacted me by Monday, October 14, 2002, I will assume that you are not contesting the facts and will schedule this matter for the St. Paul City Council and have it placed on the Consent Agenda during which no public discussion is allowed and the recommended denial of your application will be imposed. If you have any questions, feel free to contact me at 266-8710. Sincerely, l/ ,r/+t�CC— {� � �.v�ri� � Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Rich Jents, LIEP Reid Soley, LIEP AA-ADA-E£O Employer � STATE OF MINNESOTA ) ) ss. COiTNT'Y OF RAMSEY ) r'1 � AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CL,EMENTS, being first duly sworn, deposes and says that on October 2, 2002, she served the attached NOTICE OF INTENT TO DENY LICENSE APPLICATION placing a true and correct copy thereof in an envelope addressed as foliows: Brandon D. Davis 893 Fry Street, #4 St. Paul, MN. 55104 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and swom to before me this 2nd day of October, 2002. Notary Public �� t"� p&43G�G�'eid t3CTn�.'.'rPU6Lif. 5t!hN°50?H Rii�' CO�t'r,!i5a�Clti. .�'.�:i%.:«:w.SwA:a "?.:� CITY OF SAINT PAUL R¢ndy C. Kel[y, Mayor November 27, 2002 OFFICE OF THE CITY ATTORNEY �.� f? Mnnue(J. Cervantu, CiryAftorney /� 3 p«Q � If CivilDivisinn 400 Ciry Hal! Telephone: 65I 166-8710 ISWestKelloggBlvd. Facsimile:651198-5619 Saini Paul, Minnuota 55702 NOTICE OF COUNCIL MEETING Brandon D. Davis 893 Fry Street, # 4 Saint Paul, Minnesota 55104 RE: Application for a Saint Paul Taacicab Driver's License Dear Mr. Davis: Please take notice that this matter has been set on the Consent Agenda for the Council meeting scheduled for 3:30 p.m., Wednesday, December 11, 2002 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested matter, in that the facts concerning your fitness to be licensed as a taxicab driver in the City of Saint Paul have not been denied. The recommendation of the license offic� will be for the denial of your taxicab driver's license application. If you have any questions, please call me at 266-8710. Very truly yours, � �� Virginia �almer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Christine Rozek, Deputy Director of LIEP Rich Jents, LIEP Reid Soley, LIEP n e t e axica nver icense Application Submitted by Brandon D. Davis _ AA-ADA-EEOEmploy Cl�j EXtI. N0. 7 � UNCONTESTED LICENSE MATTER Licensee Name: License: Council Date: Brandon D. Davis Taxicab Driver's License Application Wednesday, December 11, 2002 Violation: Fitness for licensure as a Taxicab Driver based on misdemeanor conviction involving use and threat of use of force St. Paul Legislative Code §376.16(e)(4) Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: Denial of Taxicab Driver's License Application Attachments: 1. Proposed resolution 2. Notice of Intent To Deny License Application 3. BCA printout 4. Minneapolis Police Report MP-01-227598 5. License information 6. Taxicab Driver License Application AA-ADA-EEO Employer Council File # RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Green Sheet # Committee: Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, Brandon D. Davis has applied for a taxicab driver's license in the City of Saint Paul; and WHEREAS, Brandon D. Davis was sentenced in Hennepin County on September 20, 2001 for misdemeanor conviction of Disorderly Conduct based upon his actions on August 9, 2001, while performing in his capacity as a dispatcher for ABC Taaci, located at 2838 Stevens Avenue South in Minneapolis. His actions involved the use of force and the tl�reat of use of force against two co-workers; and WHEREAS, Saint Paul Legislative Code §376.16(e)(4) does not permit the licensing of any person who has any misdemeanor convictions in the previous three years involving the use or threat of use of force; and WHEREAS, Brandon D. Davis was sent a Notice Of Intent To Deny License Application based upon these actions; and WHEREAS, Brandon D. Davis has failed to respond to that Notice. Now, therefor be it RESOLVED, that the T�icab Driver License Application submitted by Brandon D. Davis, is denied. This resolution and the action of the �ouncil in this matter are based upon the facts contained in the October 2, 2002 Notice Of Intent To Deny License Application letter to the licensee and the Minneapolis Police Report MP-01-227598. The applicant did not respond to the Notice. Requested by Department of: Adoption Certified by Council Secretary By: Approved by Mayor: Date By: Form Approved b Attorney By: / ° �fiK-C l` Approved by Mayor for Submission to Council By: By: Adopted by Council: Date OFFICb .�F THE CITY ATTORNEY MnnuelJ. Cervantu, CityAnorney CITY OF SAINT PAUL Rnndy C. Kelly, Mnyor CivilDivision 400 Ciry Hnll IS West Kelfogg Blvd. Snint Pnad, btinnesota 55102 TelepGone: 65/ 266-8710 Fncsimile: 651 298-56/ 9 October 2, 2002 NOTICE OF INTENT TO DENY LICENSE APPLICATION Brandon D. Davis 893 Fry Street, #4 Saint Paul, Minnesota 55104 RE: Application for a Saint Paul Taxicab Driver's License Dear Mr. Davis: The Office of License, Inspection and Environmental Protection has recommended denial of the taxicab driver's license application you submitted. The basis for the recommendation is as follows: You have a misdemeanor conviction for disorderly conduct for which you were sentenced on September 20, 2002. A review of the police reports shows that this incident involved the threat of force and the use of force, and re$ulted in injuries to another person. Pursuant to Saint Paul Legislative Code §376.16(e)(4) you are not eligible to be licensed as a Saint Paul cabdriver as you have a misdemeanor conviction within the last three years involving the use or threat of use of force. If you do not dispute the above facts, you may withdraw your application at this time. Altematively, if you do not dispute the above facts, but wish to have a hearing in front of the Saint Paul City Council to dispute the recommended denial of your license application, you will need to send me a letter admitting the violation and requestin� a public hearing. The matter wil] then be scheduled for a public hearing before the City Council to determine the disposition of your license application. You will have an opportunity to appear and speak on your own behalf, or to have someone appear there for you. On the other hand, if you wish to dispute the above facts, I�vill schedule an evidentiary hearing before an Administrative Law Judge (ALJ). 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�'otice of Hearing," so you will know when and where to appear, and what the basis for the hearin� will be. AA-ADA-EEO Employer Page 2 Brandon D. Davis October 2, 2002 If you have not contacted me by Monday, October 14, 2002, I will assume that you are not contesting the facts and will schedule this matter for the St. Paul City Council and have it placed on the Consent Agenda during which no public discussion is allowed and Yhe recommended denial of your application wili be imposed. If you have any questions, feel free to contact me at 266-8710. Sincerely, � ti� � � �� Virginia D. Palmer Assistant City Attomey cc: Christine Rozek, Deputy Director of LIEP Rich Jents, LIEP Reid Soley, LIEP AA-ADA-EEO Employer STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MATL JOANNE G. CLEMENTS, being first duly swom, deposes and says that on October 2, 2002, she served the attached NOTICE OF INTENT TO DENY LICENSE APPLICATION placing a true and correct copy thereof in an envelope addressed as follows: Brandon D. Davis 893 Fry Street, #4 St. Paul, MN. 55104 (which is the last known 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 2nd day of October, 2002. Notary Public �'£?s� � Qa;�ceoR�,; i;�.i•.-rtrUELi; .yiiP;^�.i07q ' CQ?A'rri$$jGfi: E%z�*.. S !AN 3Y, 2•�3 STATE OF MINNESOTA `' � �� DEPARTMENT OF PUBLIC SAFETY BUREAU OF CRIMINAL APPREHENSION CRIMINAL JUSTZCE INFORMATION SYSTEMS SECTION 1246 UNIVERSITY AVE, ST PALTL, MN 55104 - 4197 www.bca.state_mn.us {651) 642-0670 TTY {651) 282-6555 Date: 2002/09/12 Name: DAVIS, BRANDON DANIEL DOB: 1972/07/09 SEQ #: 2209 This letter certifies that a search has been made of the criminal history files maintained in Minnesota by the Department of Public Safety, Bureau of Criminal Apprehension. The search was performed by Name, Date of Birth and verified by the fingerprints that were submitted. The result of this search indicates that a record has been found based on the above search criteria and the information is attached. This does not preclude the possible existence of additional information located at county or city levels. If you have questions about this record please contact the telephone number above. STAYE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY BUREAU OF CRIMINAL APPREHENSION COMPUTERIZED CRIMINAL HISTORY/ IDENTIFICATION SERVICES 12a6 UNIVERSITY AVE, ST PAiTI,, MN 5510a - 4197 (651) 642-0670 TTY (651) 282-6555 F****:F**:ki: k*:F�k***vF:Y***:F**************�k***i:***i:**d:i:&9:i:*:F*:F**********:F*:k**#***�k*** �DULT ADULT ADULT ADULT ADULT ADULT ADULT ADULT ADULT ADULT C ADUL,T ADULT ADULT ADULT ADULT ADULT ADUI,T ADULT ADUL,T ADUL rxk:t�t:t:t�t*****t The following data was obtained from ADULT records maintained at the BCA. JAME: DAVIS, BRANDON DANIEL BIRTHDATE: 1972/07/09 3TATE ID NUMBER: MNO2405370 FBI NUMBER: 27310WB1 �FFENDER STA'I'T3S : Single State Only >EX: M RACE: Black HEIGHT: 6 FEET 00 INCHES WEIGHT: 220 POUNDS SKIN: Light Br EYES: Brown HAIR: Black BIR'I`H PLACE: Minnesota PHOTO AVAILABLE: N COUNTRY OF CTTIZENSHIP: USA (United States of America) JCIC FINGERPRINT CLASS: �IGHEST CONVICTION LEVEL: Misdemeanor 2EPORTED ALIAS NAMES: -------------------- �AVIS, BRANDON DANIEL 2EPORTED DATES OF BIRTH: ----------------------- L972/07/09 3CARS, MARKS, AND TATTOOS: ------------------------- PAT L ARM TAT R ARM PRCD EARS SC FACE ARREST AND CONVICTION INFORMATION �RREST : 1 '1RREST DATE: 2001/08/10 INTERSTATE TRANSFER: �ONTROLLING AGENCY: MNO271100 MINNEAPOLIS PD :,OCAL ID #: 91003609 �RREST COUNT: 1 CASE NUMBER: 01227598 3TATUTE: 609.713.1 �HARGE: Terroristic Threats-Reckless Disregard Risk �ISPOSITION: OUTSTI�ND WARR OFFENSE DATE: 2001/08/10 �OMMENTS: WARRANT �RREST COUNT: 2 CASE NUMBER: 01227598 iTATi7TE: 609.223 �HARGE: Assault-3rd Degree �ISPOSITION: OUTSTAND WARR OFFENSE DATE: 2001/08/10 :OMMENTS: WARRANT ARRESTEE NUMBER: MOC/UOC: A9B02 SJIS NUMBER: MOC/UOC: A3252 SJIS NUMBER: ;TATE ID NUMBER: MNO2405370 FBI NUF�IBER: 27310V7B1 �OURT DATE: 2001/09/20 MNO27015J HENNEPIN CO DISTRICT COURT �ONFINEMENT AGENCY: MNO27043C I3ENNEPIN CO WRKHSE-ADUI,T CORR ?ROBATION AGENCY: MNO27013G HENNEPIN CO PROBATION OFF �OUfZT COUNT: 7 CASE NiTMBER: 01227598 SEDPT`ENCED: ;TATUTE: 609.713.1 �HARGE: Terroristic Threats-Reckless Disregard Risk �ISPOSITION: DISMISSED PLEA: �OURT FILE NUMBER: KX01066040 CONVICTION LEVEL: PAGE 2 MOC/UOC: A9B02 SJIS NiJM: �OURT COUNT: 2 CASE NL7MBER: 01227598 SENTENCED: 2001/09/20 3TATUTE: 609.72 MOC/UOC: N3030 �HARGE: Disorderly Conduct �ISPOSITION: CONVICTED PLEA: Guilty SJIS NUM: �OURT FILE NUMBER: KX01066040 CONVICTION LEVEL: Misdemeanor 3ENTENCE ?RONOUNCED SENTENCE : 30D ?ROBATION : lY �ONDITIONAL CONFINEMENT: 4D ?INED . $250 �MOUNT OF FINE STAYED . $250 �OURT COSTS OF . $3_ PER REST/COST EXEC SENT STYD THE USE OF THIS RECORD IS CONTROLLED BY STATE AND FEDERAI, REGULATIONS. IT IS PROVIDED FOR OFFICIAL USE AND MAY BE USED ONI;Y FOR THE PURPOSE REQUESTED. THE RESPONSE IS BASED ON INFORMATION FURNISHED BY THE REQUESTOR AND COMPARED AGAINSS DATA MAINTAINED AT .. THE MINNESOTA BCA. THIS RESPONSE IS ONLY BASED ON FINGERPRINTS IF FINGERPRINTS ACCOMPANIED TAE REQUEST. TAIS DOES NOT PRECLUDE THE EXISTENCE OF OTAER CRIMINAL INFORMATION WHICH MAY." BE CONTAINED IN OTHER LOCAL OR FEDERAL AGENCIES. BECAUSE CHANGES-'.' MAY BE MADE AT ANY TIME, A NEW COPY SHOULD BE REQUESTED WHEN NEEDED FOR FUTURE USE. Dis¢atched : 18:35 Psrived: 1B:40 Cleared: 20:15 Case REPORT Minneapolis Police Department C=eated: 08/10/2001 07:36 ---------'-------------------------- Solvability : 100 Original CCN Superviso= ZD: Incident code: Incident code: Address . Occured From : Reported . Dispatched . Location . Role/Name Arrest Addrs Charges Chaxges Officer Officer Disposition Repo=ted By Address DOB. Race/Sex Nickname Emp. Status , AC Phone(Ext) Med. Treatmen Prior Injuxy Juv Diversion Force Used Eye Color R/L Handed Hair Color , Hair Length . Hair Style . Coxaplexion . Teeth . Appearance . Assign to: Entered: 08/09/2001 19:55 By: 012 CCN # :MP-01-227598 PAGE # : 1 ------------------------------------° MP-00-000000 Pet: OS Sqd:510 O££icer: 00271 Bantle ----------------------------------------------------------------------- Sporny Asst. Of£icer: Lennander Entered ID: Colclough 1. ASLT3 609.223 Att Aslt-sgn£cnt Bd Rte: 4123 - Homicide 2. THI2EAT 609.713 Att EIIljJ t: Terroristic Threats 2838 Stevens AV S Minneapolis MN 08/09/2001 1815 To: O8/09/2001 1845 OB/09/2001 1954 1835 Arrived: 1840 Cleared: 2015 ---------------------------- Arrestee ----------------------------------------- : A 001 Davis , Brandon Daniel DL:MN D-120-098-135-544 : 2838 Stevens AV S Minneapolis MN : 1 4 ASLT3 609.223 Aslt-sgn£cnt Bdly Hm Citation: : 1 4 THI2EAT609.713 Terroristic Threats Citation: : Bantle ID#: 00271 Call Number: 510 : Lennander ZD#: 04081 Call Number: 510 ----------------------- Arrest Disposition ------------------------------------ : Booked County Arrested Date: OB/09/2002 28:45 MPD#: 0091003609 • Reported Date: 08/09/2001 19:54 : 893 Erye ST Apt. 4 St Paul MN 55104 : 7/9/1972 Age: 29- 29 Hgt From : 511 - Build: ST . : Other/Mixed Race/Sex: Male : H:651-644-6671 : No : No : No : No : Brown : Le£t • Black Short Curly/Wavy Medium Normal Friendly/Gentle Speech : Regional ------------------------------------------ Vict�.m --- Role/Name : V 001 Ness , Cindy Ann Address : 5725 43 AV S Minneapolis MN DOB• : 7/7/1955 Age: 46- 4fi Hgt From : Race/Sex : White Sex: Female Nickname . Emp. Status . Victim Of : ASLT3 AC Phone(Ext): H:726-1143 Avail. Date . . To: . 1�� - Build: Case REPORT Minneapolis Police Depaxtment CCN Created: OB/10/2001 07:38 __________________________________________________________' Employ/School: Title: Emp/Sch Addr : AC n/a- Med. Treatmen: Yes Pxior Injury : No Juv Diversion: No Force Used : No Injury Locati: Head/Neck FOREHEAD, NOSE __________________________________________ Victi.m _______-• Role/Name : V 002 Gedi , Abduwahid Abdu Address : 314 Hennepin AV S Apt. 1405 Minneapolis MN DOB. : 1/1/1975 Age: 26- 26 Hgt From : Race/Sex : Black Sex: Male Nickname . Emp. Status . Victim O£ : THREAT AC Phone(Ext): H:242-3214 Avail. Date . , To: . Employ/School: Abc Taxi Title: Dxiver Emp/Sch Addr : AC-Phone(Ext): n/a-788-1111 Med. Treatmen: No Prior Injuxy ; No Juv Diversion: No � Fosce Used : No ------------------------------------------ Witness -------' Role/Name : W 001 Strouts , Scott Jerald Address : 98 Fiawthorne RD Hopkins MN D�B- : 4/30/2958 Age: 43- 43 Hgt From : Race/Sex : White Sex: Male Nickname , Emp. Status . AC Phone(Ext): H:952-930-3829 Employ/School: Abc Taxi Title: Owner Emp/Sch Addr : AC-Phone(Ext): n/a-414-5144 � Med. Treatmen: No Prior Injuxy : No Juv Diversion: No Force Used : No -------------------------------'------ RelationshiPs ------ Relationships: A 001 Employee V 001 Relationships: A 001 Employee V 002 Relationships: A 001 Employae W 001 -------°----------------------------- Modus Operandi ----- Crime Element: Arsest(s) Made Victim Locati: At Work Crime Locatio: Other Business ABC TAXI COMPANY Victim Was : Threatened # :tie-Ol-227598 DI,: Build: DL: Build: PAGE # : 2 . . . 0 3-a� � Case REPORT Minneapolis Police Department CCN #:MP-01-227598 Created: 08/10/2001 07:38 PAGE #: 3 Victi.m Was : Hit/Assaulted Weapon Used : Co�ents TELEPHONE ________________________________________ Public Data _______________________________________' O££icers were dispatched to an assault. Upon arxival, we met with victi.m 1 who was bleeding, She stated that AP1 hit her in the £ace with a telephone. O££icers met with victim 2 who stated AP1 sade several threats aqainst him. AP booked HCJ. JUDICZAL PROBABLE CAUSE: THE COMPLAINANT, BEING DULY SWORN� SWEARS THE BELOW FACTS P.RE TRUE AND CORRECT TO THE gEST OE COMPLAINANT'S IINOWLEDGE AND BELZEF AND CONSTITUTE PROBABLE CAUSE TO BELIEVE THAT THE BELOW-NAMED ARRESTEE COMMITTED THE OE'FENSE (S) DESCRIBED HEREIN. COMPLAINANT'S SIGNATURE NOTARY SIGNATURE AND STAMP SiJBMITTED UNDER OATH BY SIGNATURE OF NOTARY A.B.,Peace O£ficer License Number , Hennepin County, Minnesota. My license expires on June 30, OFFICERS WERE DISPATCHED TO THE LISTED BUSINESS ON AN ASSAULT. UPON ARRIVAL, WE WERE MET BY VICTIM 1 WHO WAS BLEEDING FROM A 2 INCH CUT ACROSS THE FOREHEAD AND Hp.D A BRUISED AND SWOLLEN NOSE. VICTIM 1 STATED THAT A CO-WORKER (AP1) DID TAIS TO HER. pARAC�DICS WAS CALLED TO THE SCENE AT7p BELIEVED THAT VICTIM 1 WOULD NEED STITCHES ON HER FOREHEAD. OFFICERS ALSO SPOKE WITH VICTIM 2 WHO STATED THAT AP1 THREATENED TO KII.L HIM SEVERAL TSMES. VICTZM 2 TOLD OFFICERS THAT HE BELIEVED "100$" THAT AP1 WAS CAPABLE OF CARRYING THESE THREATS OUT. AP1 WAS BOOKED HCJ ON TERRORISTIC THREATS AND ASSAVLT 3. PC AUTHORZ2ED BY SGT SPORNY #6732. ------------------------------------------^-------------------- END OF PRINT FOR Case MP-01-227598 ------------------------------------------'-------------------- --�------------------------------------------------------------ PRINT FROM SUPSRVSI BY EMPLOYEE # 96986 09/24/2002 09:39 -----------------------------------------------.. -------------- -------------- -------------- Printed 09/24/2002 09:40 Minneapolis Police Department PAGE: 1 • � ' Case Supplement Case: MP-01-227598 Supplement: 1 ------------------------------------------°------------------------------- STATEMENT OF OFFICER I,ENNANDER, #4081; 8/9/O1 AT 2008 HOURS; CCN 01-227598; TYPED BY CT On 8/9/O1 2 was working squad 510 with O£ficer Bantle. At 1835 hours, we were dispatched to 2838 Stevens Av S, which is ABC TAXI, on the report of an assault. Upon arrival, Officers met the victi.m in £ront. She was bleeding Prom the £orehead. She told Officers she was assaulted by the dispatcher who was still inside the business. Of£icers were directed by another employee to the Dispatch o£fice where we found the male, later ID'd as AP1 DAVIS, speak on the telephone. O££icers approached him, told him to stand up and place his hands behind his back. He was then handcuf£ed behind his back. At his desk, which is the desk on the south side of the room, I observed blood on a telephone and on a silver (in color) pair o£ scissors. Of£icer Bantle and I walked hi.m out to the squad car where he was placed in the rear. I stayed with APl and identi£ied him while O££icer Bantle spoke with the victim and witnesses at the scene. O£ficers detezmined that AP1 had assaulted victim 1 and had threatened another victim who is a cab driver at the company. Officer Bantle spoke with Sgt Sporny who authorized PC for AP1 AP1 was booked at HCJ. -----°------------------------------------------------------------------------------------- Printed From SUPSRVSI By Employee # 96986 09/24/2002 09:40 ----------------------------------------------------------------------------------=--------- Printed 09/24/2002 09:40 Minneapolis Police Department PAGE: 1 ' ' � Case Supplement Case: MP-01-227598 Supplement: 2 --------------------------------------------------------°----------------- STATEMENT OF OFFICER BANTLE ON 8-9-01 AT 2008 HOURS, JAC TYp2NG: On 8-9-01, I was working Squad 510 with my partner, Officer LENNANDER. At 1835 hours, we were dispatched to ABC TAXI, 2838 Stevens AV 5, on a report of an assault. Remarks o£ the call stated that "CINDY, an employee" was assaulted by a Dispatcher whose name was BRANDON. Ambulance was also being dispatched. Upon arrival, I i.�ediately observed a fe�ale, later ld'd as victi.m 1/ NESS, sitting on the front steps of the business. She was holding a towel on her forehead and crying. I observed that there was blood all over her £ace and dripping down from under the towel. She also had blood on her pants, shirt, and hands. She told me that a Dispatcher by the name of BRANDON hit her across the face with a telephone. She said BRANDON was still inside the building in the Dispatch area. Officers entered the building and were directed by other employees to the Dispatch area. This is a room on the NE corner of the building which contains two desks separated by a divider. As I entered this room, I observed a male seated at one of the desks (le£t side from door). I said, "Are you BRANDON?" The male replied, "Yes." At this point he was placed in handcuffs without incident. As he was being handcuffed, he made a spontaneous statement that he struck victim 1 with the telephone in self defense because she was attacking him with the scissors. As we were handcuffing, 2 observed that there was blood on the desk to the right of the door opposite where BRANDON was seated. There was a telephone on this desk, which also had blood on the receiver and hand piece. I also observed a rolodex which was on the floor with its cards scattered near the right desk. I brie£ly inspected both desks. On the right desk, which was later ID'd as victi.m /�SS', I observed a yellow handled pair of scissors which was in a round pencil holder at the back of her desk. On AP/ BRANDON DAVIS' desk, there was a silver pair of scissors lying on the�outside edge. AP/ BRANDON DAVIS was placed in the back of our squad. I returned to the front of the business and spoke to victim 1/ NESS. She told me that she is a call taker for ABC TAXI and her desk is on the right side of the Dispatch room. She said that AP/ DAVIS sits at the desk on the left side. She said that at approx 1820 hours, AP/ DAVIS was yelling at a driver who was later ld'd as victim 2/ GEDI. AP/ DAVIS ordered GEDI to sit down in the Dispatch area and stood above him yelling. Victim 1/ NESS heard AP say to victim 2, "2 will fuck you up and i will make sure aII the other Dispatchers will £uck you up." AP continued to yell at victi.m 2 for several moments, at which point victim 1 intervened and told victim 2 to leave the office. At this point AP came over to victim 1's desk and pushed her with both hands and stated, '�Shut the fuck up , you fat bitch " They then both were yelling at each other and calling each other names. AP1 next picked up the rolodex and threw it at her. The rolodex missed victim 1 and scattered on the floor near her desk. AP then came around and picked up victim l�s phone striking her 1 time across the forehead and nose with the hand piece. After being struck with the phone, victim 1/ NESS called 911 for an Ambulance. She also called the owner of the Company/ witness/ STROTS. She began to tell STROTS what had happened when the phone was disconnected for an unknown reason. She stated that witness called back and BRANDpN answered the phone. At this point she started yelling that she had been hit and that she was bleeding. Victim 1 then fled the o££ice area to the front of the business. I asked victim/ NESS if she had assaulted AP with scissors. She immediately denied this and started crying. I asked her if she had any scissors. She stated, "Yes" and that they had a yellow handle and were on her desk in a pencil holder. 2 asked her if AP had the scissors. She stated, "Yes, and they were silver." She also mentioned that she observed AP cutting pieces of paper with those scissors on the previous day. As I was getting victim 1's information, witness/ STROTS arrived on the scene_ He stated that at approx 1830 hours, he received a phone call at home and could hear victim 1/ NESS screaming, ��Help me Help me I'm bleeding" after which the phone went dead. He immedi.ately Printed 09/24/2002 09:40 Minneapolis Police Department PAGE: 2 ' • � Case Supplement Case: MP-01-227598 Supplement: 2 -------------------------------------------------------------------- called back and AP/ DAVIS answered. He asked DAVIS what was going on and DAVIS stated, "That fat bitch is getting in everyone's £ace." He could also hear victim / NESS screami.ng in the background. He said the phone went dead a second ti.me at which point he immediately drove to the business. � Victim 2/ GEDI was out driving his cab upon our arrival. I asked witness/ STROTS to call him back to the scene which was done. A short time later victim 2 arrived at the business. Victim 2 told me that he and AP/ DAVIS got into a disagreement over the radio regarding how calls were being dispatched. Victim 2 stated that AP became very angry and ordered him to come to the Dispatch area. Victim 2/ GEDI reported to the Dispatch area where he had observed AP/ DAVIS and victim 1/ NESS sitting at their desks. AP ordered victi.m 2 to be seated and then stood over him. Ap was extremely angry because victim 2 was disputing how calls were being dispatched. With his hands raised in the air, AP yelled, "I will £uck you up. I will kill you." He then said, "2 can £uck you up 3 ways, 1-I will kill you, 2-I will kick your ass, or 3-I can keep you £rom getting any dispatched calls." He then said if you continue to disagree with me over the radio, "I will break you in two". It was at approx this point when victim 1/ NESS intervened and told victim 2 to leave the Dispatch Office. I asked victim 2 if he believed that AP could carry out any of these threats. Victim 2 immediately stated, "I am 100� positive that he is capable of doing this." After taking statements, 2 returned to the Dispatch area and took pictures of victim 1/ NESS' desk and bloody phone. It should be noted that another employee had already cleaned up the thrown rolodex. The phone was collected as evidence and property inventoried. I also took photos o£ NESS' wounds. The camera was also property inventoried. HCMC responded to the scene and advised NESS that she say need stitches to close the cut on her forehead. She refused transport stating that she would be going to ABBOTT NORTHWESTERN AOSPITAL on her own. PC for Assault 3 on victim 1/ NESS and Terroristic Threats on victim 2/ GEDI by Sgt SPORNY #6732. AP was booked HCJ where Victim Notification Forms were completed. Victims given blue card. ------------------------------------------------------------------------------------------ Printed From SUPSRVSI By Employee # 96986 09/24/2002 09:40 -----------------------------------------------------�------------------------------------ Eicense Group Comments Text ��^�°'e. BRANDON D DAYIS � BRANDON D DAVIS License #: 20070004211 09/13/2002 To CAO fnr 2view cf recotd check CAR 09/09/2002 Canceled. RS 08l02l2002 Sent letter. Prov. lic. will soon eacpi2; must renew or be canceled. RS ��/19l2001 Sent letter. passed exam; must exchange prov, lic. for reguiar. No cost RS '10/05l200� Sent letter re Nov. dasses. RS 09/13/2002 o3-a�� i��E�i�a T�„ r a�,. r��K r u,,,�w r. ,u �* � 9rcCt Np�ie: Y �TYPa <pb �"__ a " Qtxtiai, rAm �_.__ ..� St�+�� r a8 <aa. :.. �.��.;� =�::sm �"-,.. � "�� P ��=�� '��!'�,s � `:�'�° Type � Strt � � � �Y � � f R� Strat4. STreet NamC StreetTypc tk8 tA: �Y SStdC tNaQ Diat Cwsrlt � ,--.:..wa::caa��-M.:;.,� OBA �R1Ump(�DDAYIS "__' __ '____ ' _ ""__ Lkmm � LiC. TYD� � Bisvarc6 ]"" 6ond � Reptrm�Mi� I r ucauee r urnr�d : ati� Fecaa�or: asuuC�N co� q ; AWaxMtid�Cannenls tY .... .. . � 2002 Cancekq e7owetl prw.6omsem wy. RS � Oextiac � i APT ttat i` �� rF 55704 � 3lm02TOCA01vrn � � �.RS SettleUs.Pro '. enevvarbetenceletl.RS I tt19l20015dYktfvpe5 tenT�� tlN�Gf�i � soct� etteC rtast �, Teaica60river' - li D9/'13R002 09t132�3 N . ....540.00 ., Ta�:ab Oriver 6kohsbnpl) �t 09ATI2Q01 09A'772002 N S10A0 ` . ' _ . _ _ .._�'_....�::�',.-,',"_"_`_'__""' _?ot�t." _.. _ ' _._. _f8p,pp ��`:•> ' Lkaisee DDAVIS . _. - Typ[, �.� � , . _._' _ _"' _ . . __."_'_ �, µ ' DB,4 DDAYIS _ . ... _._.. � . �e � � � � T� � � � �, 1�=1 She LkeraeeNmis DDAVIS . .. _ . __ _... _`._ _'.__� • e - �.., �,�'• ..._._______-_ . '��'� �p D�4 DDAV6 �' SelesTexki Na4MOft(�Wakx�aCOmp:� s-�i AACariattReC'd AATtgYiingRec'd ADA000 � AAFeeCoeectat . _.. DiscaudRec'd� ,.,,,..„ Mnll.kmse To — �.��,� �:-.+�?7tk°.�,;;.��'s,`�s; F.�4is;`,;.kb �. F1ati To tadact �� . ( ) ' (�+`t f� Lh.mse Adri'eas To Cadec3 ine Adde6s ; BeCkyointl Gredt Requietl �' :Lkmw# 000421i ..... .,._.._,. ,.W.,�.,1:.._...__v°_._»._.._.._.._. .. ._,. CITY OF SAINT PAUL . TAXICAB D��'R ORceofLicense,lnspections LICENSE APPLICATION �d Envimnmental Pmtection 35� S� Paa 5�. Sui�� 300 THIS APPLICATION IS SUBJECT TO REVIEW BY THE PUBLIC 5"^`P'"t"'"""°a ssioz (65q 365-9090 Fu (6S1) 266-986 PLEASE TYPE OR PRINT IN INK web: wvnv.cistpavimnus/liry LICENSES ARE NOT TRANSFERABLE PAYMENT MUST BE RECEIVED WITFI EACH APPLICATION APPLICANT MUST BE PRESENT TO APPLY Applicant Information: NameandTitle: .1;2r-�•^..;'r�! - _ . 1 .^ Fist .-. �� . .. Middle � -� .-.�_ .../� ;%'/. HomeAddress: '-'S'�`�� - y .. , —� Street (K, Name, Type, Direction) Mail To Address (if different than home address): (Maiden) � I.as[ ' �: r � � 1 �t>�s . .. _ .,..�. City State Stree[ (#, Name, 7ype, Direction) Ciry State Title � �, Zip+4 Zip+4 �, r c.i. ��. HomePhone: (�3�'l�r.r. .'s` Date of Birth: , °� ./ S r .' .: ..:�' , . _. - ^ x,> ? 'f : - �:;/'�,� �PlaceofBirth: , �1 fi-l: } j;<; U. .. � ., _ Driver's License # ✓ •�� =i );s�'`�'! �`� � `l �> Exp. Date ` � " % ��-��'=s Are you a citizen of the United States? '��l' `, : ' / If you are not a US resident, you must provide proof of work authorization from the US Immigration and Naturalization Service. N a Address of cab company you will b d for � 1 � I !\J� l�✓/�� L/�1��[%��- l Do you own or lease the cab you drive? =� `�, J` F'' � <. _ What is the lease rate you pay to operate the cab? ��-F' � ANY FALSIFICATION OF ANSWERS GIVEN OR MATERIAL SUBMITTED WILL RESULT IN DENIAL OF THIS APPLICATIO�' I hereby state that I have answered all of the preceding questions, and that the information contained herein is true and correct to the best of my imowledge and belief. I hereby state further that I have received no money or other consideration, by way of loan, gift, contriburion, or otherwise, other than already disclosed in the application which I herewith submitted. I also hereby state that I have read and understand the rules and regulations set forth in Chapter 376.16 (Taxicab Driver's License of the Saint Pau] Legislative Code) and Chapter 376.17 (Taxicab Driver Training Course of the Saint Paul Legislative Code). 06/19/2001 BRANDON DANIEL DAVIS 893 FRV ST#4 ST PAUL, MN 55104 ��& �n��-�a � ANSFEA TO: `05 *' T�.P.S. DF'ST•.�ER. Z�SCESvSE COT+II�IEr.r2?�I, 2IdC'L COMI�IERCS.ay STATUS.� V�SD MI IE 12Ct-0?�u'-135-544 STATUS: �7t�7�2D �SS: TYpE:,I 8EN=ORc D:�Y',BSM-MOS: �DtQP+g��'L2VING--W2I,I,:,93 CORRECT2VE DENS: O�'O BhTCH:�2p01?5219L70S5 DI7P7� BA'FCH:/2Q00?5 E�: �PA.�.P7I R: 8°?� f :�s�� - DnIS2E2� Dr uT �4� 71.'•012 + :■C�7I'i7911 :�0ir0u��2110 �y113�Z� 11:QG: HEI�P: Pf1GE: �RB: P B-CARD: 72 RESTR 2NF0:� COUNTY: �HT: 210 GENDER; TICKLER: DNR: lOfO�i.y� P:3II WT C-t'�, &. DRV WO is$ �-25-94 ?SS JP 10,�1E153 PSD L'JT P,$�L�3'-g (L'nLj �?,I�ID EQP+ t�EEi.US�IDER 26,OQ1� 1t7l1�.+?u 3-�1-94 ?51 J'D XT REQUEBT. , i,�Tfi P,ESTv,SC'P� r,CCESa 'SG� PERSOP7AS, 23�7FC Record Check - HyperTerminal FER TO: 09%i3f2QlJ � L�.P.3. DRSLER viCEPdSE C�3�II�SEFC2?I� id�U2Y.Y a* 11:Cn':2 COP'II�SERCIAL STt1TUS: G.:LSL FiEZP: PAGE: 0 —0:8-13�-5$4 �R=,SdD�24�D4?dSBL Ti�472w DOB: C17�CJ9%15+2 STAT: 6�AL2� I]9l'?7�FwD ?�dT 8 L13—_S—'?7 .7.°�1 Y 14vt9? 5r^EED J2 R: REQUEBT: ' T_32S ?',ECC��D '�HOL'J�? CGtdV2CTTQ?dS ?atSS'i��3Fi�rST�?T26"7u t�fiSTF.SP7 THE PriST � a 3 -a�7 STATE OF MIlVNESOTA ) ) ss. COiINTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on November 27, 2002, she served the attached NO'ITCE OF COLTNCII. MEETING placing a true and correct copy thereof in an envelope addressed as follows: Brandon Davis 893 Fry Street, #4 St. Paul, MN. 55104 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. �� -�, G. �` �F�� - � � � �-� ��cr "rth�ti }�;, , s k � h 34?r. � 4'.S.�i�;ti�-.. , wJa .., �°`� .. � � ., " _m a -� , . _.. �� Subscribed and sworn to before me this 27th day of November, 2002. a3-a� Interdepartmental Memorandum CITY OF SAINT PAUL DATE: December 10, 2002 TO: Council President Daniel Bostrom Councilmember Jerry Blakey - Ward 1 Councilmember Chris Coleman - Wazd 2 Councilmember Pahick Harris - Ward 3 Councilmember Jay Benanav - Ward 4 Councilmember Jim Reiter - Wazd 5 Councilmember Daniel Bostrom - Wazd 6 Councilmember Kathy Lantry - Ward 7 FROM: Peter Pangborn Legal Assistant City Attorney's Office RE: Withdrawal of Item # 24 From December 11, 2002 Council Agenda Please withdraw item number 24, Resolution 02-1155 - Conceming adverse action aeainst the taacicab drivers license apglication submitted bv Brandon D. Davis from the consent agenda for the December 11, 2002 Council mee6ng. Mr. Davis has now requested an administrative hearing to contest the facts on the matter. If you have any questions, I can be reached at ext. 6-8776. Thank you. � � n e e ax�ca river icense Application Submitted by Brandon D. Davis _ City's Exh. No. 8 . �3-��7 • OFFIC� THE CITY ATTORNEY Manuel! Cervantu, CityAtlorney CITY OF SAINT PAUL Rnndy C. Kel[y, Mayor December 11, 2002 Civil Ditizsinn 400 City Hall I S Wesi Kellogg B[vd. Saint Paul, Mirtrsesota 55101 NOTICE OF HEARING Brandon D. Davis 893 Fry Street, # 4 Saint Paui, Minnesota 55104 RE: Application for a Saint Paul Taxicab Driver's License Deaz Mr. Davis: TelepRone: 6512668710 Facsimile: 657198-5619 Please take notice that a hearing will be held at the following time, date and place concerning your license application identified above: Date: Tuesday, January 14, 2003 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: Allan W. HIein Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-341-7609 The Council of the City of Saint Paul has the authority to provide for hearings concerning licenses and far adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, ofthe Saint Paul Legislative Code. Adverse action may include revocation, suspension, fines and other penalties or conditions. � n e t e agica rrver icense �pplication Submitted by Brandon D. Davis _ AA-ADA-EEO Emp] Cl�' Exh. No. 9 ' p3-�� ` ` Evidence will be p• nted to the judge which may lead to• erse action against you as follows: You have a•misdemeanor conviction for disorderly conduct for which you were sentenced on September 20, 2002. A review of the police reports shows that this incident involved the threat of force and the use of force, and resulted in injuries to another person. Pursuant to Saint Paul Legislative Code §376.16(e)(4) you are not eligible to be licensed as a Saint Paul cabdriver as you have a misdemeanor conviction within the last three years involving the use or threat of use of force. You have the right to be represented by an attomeybefore and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legisiative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom you or your attorney may cross-examine. You may then offer in rebuttal any witnesses or evidence you 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 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. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true. If non-public data is received into evidence at the hearing, it may become public unless obj ection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Notice of Hearing - Page 2 �R^'- ' � If you have any qu�ions, you can call me at 266-8710. • �f` 3�� Very truly yours, �/- �/,�� (� �� Virginia D. Palmer Assistant City Attorney cc: Diane Nordstrom, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Councii Secretary, 310 City Hall Christine Rozek, Deputy Director of LIEP � Notice of Hearing - Page 3 i • STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) Brandon D. Davis 893 Fry Street, #4 St. Paul, M. 55104 D 3'a� � JOANNE G. CI.EMENTS, being first duly sworn, deposes and says that on December 11, 2002, served the attached NOTICE OF HEARING placing a true and correct copy thereof in an envelope addressed as follows: (which is the last known address of said person) United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this l lth day of Dec�ember, 2002. Notary Public • AFFIDAVIT OF SERVICE BY MAIL same, with postage prepaid, ��-.-. _ .—. =� ,_-. °� ='t _ - .. =v� . . , _ ;., d3 aG7 "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 rates. Nothing herein contained shall prevent any person from mal�ng an agreement with the operator of a ta�cab to furnish transpor- tation at a rate to be agreed upon betcveen them for an hour, day, week, month or longer period, egcept that when furnished by the hour, the m;n;..+um rate shall be sig dollars ($6.00), but the person with whom the operator of a ta�cab makes such agreement shall not be permitted to hire out the velucle to any other person. LICENSES (e) Annual reaiew of f¢res ¢nd ch¢rges. The license inspector shall, each calendaz yeaz during the month of May, review the maximum allowable fares and chazges for taxicab services to deter mine whether they should be adjusted. If it is determined that such fares and chazges should be adjusted, the license inspector will make such rernmmendation to the city council. (Code 195fi, §§ 154.01-154.04; Ord. No. 16982, 12-7-82; Ord. Nn. 16996, 2-3-83; Ord. No. 17467, § 1, 6-IS.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. O1-349, § 1, 5-2-01) Sec. 376.15.12. Temporary fares and charges. Hourly rntes. Nothiug herein wntained shall prevent any person from making an agreement with the operator of a tagicab to furnish transpor- tation at a rate to be agreed upon between them for an hour, day, week, month or longer period. (C.F. 99-968, § 1, 11-3-99; C.F. No. O1-349, § 1, 5-2-01) Sec. 376.16. Tagicab driver's license. (a) License required. Effective Mazch 15, 1991, no person shall drive a taxicab, nor shall any owner or lessee of a taxicab allow any other person to drive a taxicab, within the City of Saint Paul unless that person has first obtained and displayed a taxicab driver's license under the provisions of this Code. $ 376.16 (b) Drivers from other cities. Any driver li- 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 neeessary 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 othenvise operate a taxicab within the city with- out first obta in�no a license under the pmvisions of this Code. While within the city, the ta�cab driver shall be required to obseroe 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 ¢pplic¢tion. Every applicant for a taxicab driver s license shall file an application with the license division. fihe application shall be made on a form provided by said division, eontain- iag such information as the license inspector may require, including, but not limited to, a complete employment ]ustory, to verify that the terms and conditions of this chapter have been met. The application shall be signed and sworn 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 forcvazd the results of the application to the license inspector. Any false statement on the application shall be grounds for denial, refusal to renew or revocation of a 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 license. Eligibility to be licensed to operate a tafficab shall be as follows: (1) Possess a valid Minnesota drivers li- cense; (2) Be at least eighteen (18) years old; (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 LEGISLATIVE CODE (4) Shall have no felony convictions in the last five (5) years; shall have no nontraffic gross misdemeanor or misdemeanor con- victions in the last three (3) yeazs 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 standazds: 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; motor vehicle; 4. Reckless driving; 2. Driving under the influence of an alcoholic beverage, controlled substance or hazardous sub- stance that affects the nervous system, brain, or muscles of the 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 alcohol concen- tration of .10 or more or driving with an alcohol concentration of .10 or more as measured within two hours of driving a 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 violations within the last three (3) years, 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. Such 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- ing to the conduct of tasicab drivers and ference that the driving behavior �e operation of a taz�icab. was affected or influenced by the driver's use of alcohol, con- (7) Failure to apply for renewal of any taYi- trolled 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 2152 0 3.� ; LICENSES (8) For any driver seelring original licensure, or any driver whose ta� 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 crourse as set forth in sec- tion 376.17. (fl Duty to exhibit Zicense. Effective Mazch 15, 1991, every ta�cab driver while on duty shall display the front of his or her ta�cab driver's license on the dashboazd of the vehicle in a location readily visible to passengers, wluch 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 discontinne operations until such time as the licensee has a license in possession. (g) Issu¢nce of license. Each ta�cab 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 license eapiration dates throughout the year. (h) Requirement of v¢lid Minnesot¢ drioer's license. Any time that a licensee's Minnesota driver's license is suspended, revoked or canceled, his or her ta%icab driver's license shall likewise be immediately suspended, revoked or canceled. No person shall operate a ta�cab without a valid Minnesota driver's license. (i) Renew¢ls. A taxicab driver's license shall be issued annually. The license inspector may cause the renewal of a taxicab driver's license from yeaz to year by appropriate endorsement upon the application for renewai and payment of an annual fee of twenty dollazs ($20.00). The driver shall make such renewal application upon a form to be fumished by the license division. The renewal form shall be filled out with the full name and address of the applicant,together with the date and number of the original license. If a driver has not been licensed in the previous license year, he or she shall be considered a new applicant. § 376.16 (j) Suspension, reuocation and nonrenew¢Z. A tafficab driver's license may be revoked, sus- pended or not renewed by the license inspeetor at any time for cause pursuant to the provisions of this chapter and Chapter 310 of the Legislative Code. When a tafficab driver's license has been revoked or suspended, it shall immediateIy be returned to the license division. If the city council stipulates that a licensee whose ta�cab driver's license has been revoked may reapply after 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) Revoc¢tion of Minnesot¢ driuer's Zicense; limited Zicenses ¢lcohol-rel¢ted driving convic- tion: (1) Any person holding a tafficab driver's 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 tafficab 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 hlood alcohol test under the state implied consent statute shall be grounds for the revocation, nonissuance or nonrenewal of the ta�cab driver's license. (2) Any licensed taxicab driver whose Minne- sota driver's license has been revoked and who has been issued a limited license authorizing the operation of a taxicab shall immediately notify the license divi- sion of the same. At that time, the licensee shall furnish 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 pernritted. In addition, the licensee shall personally Supp. No. 50 2152.1 ,� � 3-a� � § 376.16 LEGISLATIVE CODE furnish to the license inspector copies af ali trip sheets for all shifts worked during the term of the limited license. (3) Any person holding a taxicab driver's li- cense shall notify the Office of License, Inspections and Environmental Protec- tion (LIEP) immediately whenever he or she is convicted of an alcohol-related driv- ing offense, whether or not it involves the operation of a tafficab. (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 of this section shall be grounds for revoca- tion of a taxicab driver's license. (Ord. No. 17767, § l, 9-18-90; C.E No. 94-199, § 16, 3-23-94; C.F. No. 96-486, §§ 2�, 6-26-96; C.F. No. 97-870, § 1, 8-13-97; C.E No. 99-231, § 1, 5-12-99; C.E No. 00-574, § 1, 7-12-00) Sec. 376.17. Taxicab driver training course. (a) Taxic¢b driver training 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, ta�cab licensing laws and driver code of conduct, radio communications, cab stand and call procedures, t�icab 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. Successful com- pletion of the ta�cab 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 taaucab drivers whose license have lapsed for more than one (1) year. The city council may impose successful comple- tion of the taxicab driver training course as a requirement in any disciplinary action against a licensed driver; as a condition for renewal of a ta�cab drivers license in the event of customer complaints, violations of taxicab regulations, or moving violations; and as a condition for reinstate- ment of any revoked or suspended taxicab driver's license. (d) Prouisional oper¢tor st¢tus. An applicant who has met all of the requirements for an original license except for the successful compie- tion of taxicab driver training shall be authorized to operate as a provisional operator until the first available opening in a training class, at which time tke applicant must enroll in and successfully complete the cIass. Upon the successful comple- tion of the training class, the applicant shall receive a license valid through the remainder of tke 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 successfuIIy complete the class. 3'he applicant shali 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- tion. (Ord. No. O1-936, § 1, 10-3-01) Supp. No. so 21522 �3-�j § 310.04 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 eatistence 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 all interested persons and shall make a recommendation to the council 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 renewai of a Class N license meets all the requizements of law, and where there e�usts no ground for adverse action, the director shall issue such license in accor- dance with law. (2) Renewal. The director shall in writing notify the council, and the affected neigh- borhood organization(s) established for cit- izen participation purposes, at least sixty (60) days before the expiration date 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 of such resolu- tion, the director shall give cvritten notice of such hearing to the affected neighbor- hood organizations. Such public 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 inade before the expira- tion of any such license, and where there e�sts no ground for adverse action, the director shall issue the license in accor- dance with law. (e) Appeal; Class R or Class T Zicenses. 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 within thirty (30) days after the action by the directoz The only grounds for appeal shall be that there has been an enor of lativ in the grant, issuance or renewal of the license. The appeal shall be in writing and shall set forth in particulaz 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, insofar as is practicable, shall apply to this hearing. Following the hearing, the council may �rm or remand the matter to the inspector or director, or may reverse or place conditions upon the license based on the council's determinarion that the decision was based on an error of law. The filing of an appeal shall not stay the issuance of the license. (� No waioer by reneu�al. 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 action againstsuch license. (Code 1956, § 510.04; Ord. No. 17455, § l, 5-21-87; Ord. No. 17551, § 1, 4-19-88; C.F. No. 94-500, § 1, 7-6-94; C.E No. 95-473, § 3, 5-31-95; C.E No. 95-1517, 1-31-96; C.F. No. 97-1446, § 1, 12-30-97; C.F. No. 99-500, § 2, 7_7_gg� Sec. 310.05. Hearing procedures. (a) Adverse action; notice and hem•ing require- ments. In any case cvhere 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 heard as provided herein. The council may consider such adverse actions when recommended by the inspector, by the director, by Supp. \o. q1 2034 � i ' i LICENSES 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 licensee shall have been notified in writing that adverse action may be taken against the license or appIication, and that he or she is entitled to a hearing before action is taken by the council. The notice shall 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 attorney. (c) Hearing. Where there is no dispute as to the facts undezlying the violation or as to the facts establishing mitigating or aggravating circum- stances, the hearing shall be held before the council. Otherwise the hearing shall be conducted before a hearing examiner appointed by the coun- cil or retained by contract with the city for that purpose. The applicant or the licensee shall he provided an opportunity to present evidence and argument 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. (c-1) Procedure; hearing examiner. The hear- ing examiner shall hear all evidence as may be presented on behalf o£ the city and the applicant or licensee, and shall present to the council writ- ten findings of fact and conclusions of law, to- gether tivith 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 heaz- ing examiner. After receipt of the hearing examiner's findings, 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 of the exam- § 310.05 iner in the application of the law or interpretation of the facts, and to present argument related to the recommended adverse action. Upon conclu- sion of that hearing, and after considering the record, the esaminer's findings and recommenda- tions, together with such additional arguments presented at the hearing, the council shall deter- mine what, if any, adverse action shall be taken, tivhich action shall be by resolution. The council may accept, reject or modify the findings, conclu- sions and recommendations of the hearing exam- iner. (c-2) Ex-p¢ne contacts. If a license matter has been scheduled for an adverse hearing, council members shall not discuss the license matEer �vith 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 council's final 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 concey, orally or in �vriting, any information, azgument 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 action on,the matter; provided, however, that nothing herein shall prevent an inquiry or communica- tions regarding status, scheduling or procedures concerning a license mattet. An interested person, for the purpose ofthis paragraph, shall mean and include a person who is an officer or employee of the licensee which is the subject of the scheduied adverse hearina, or a person who has a£nancial interest in such licensee. (d) Licensee or applicant may be represented. The licensee or applicant may represent himself or choose to be represented by another. (e) Record; euidence. The hearing esaminer shall receive aad keep a record of such proceed- ings, including testimony and exhibits, and shall receive and gice weight to evidence, including heazsay evidence, which possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs. (f1 Council r�ction, resolution to contain �rzd- ings. �Vhere the council takes adcerse action with respect to a license, licensee or applicant for a Supp. Vo. 41 2035 �3-�� 7 § 310.05 LEGISLATIVE CODE license, the resolution by which such action is taken shall contain its findings and determina- tion, including the imposition of conditions, if any. The council may adopt ail or part of the findings, conclusions and recommendations of the hearing examiner, and incorporate the same in its resolu- tion taking the adverse action. (g) Additional procedures where required. Where the provisions of any statute or ordinance require additional notice or hearing procedures, such pro- visions shaIl 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 hear notwithstanding with- drawal or surrender of appZication or Zicense. The council may, at its discretion, conduct a hearing or direct that a hearing be held regarding revocation or deniai 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 ofgood cause by the party making the request. (j) If the council 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 tal,-ing reacon�ble steps to make sure the notice remains posted on the front door of the licen;ed premises, and failure to take such rea- sonable precautions may be grounds for further adverse action. (k) Impositlon 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 examiner. The costs of a contested hearing include, but are 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 ofrooms and equipment necessaryfor the hearing, and the cost of expert witnesses. The council may impose all or part of such costs in any given case if (i) the position, claim or defense of the licensee or applicant �vas 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, ancUor 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 vulnerable 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 couid have reasonably avoided the violation, such as but not limited to, the nonpayment of a required fee or the failure to rene�v required insurance policies; (vi) the violation is covered by the matrix in section 409.26 of the Legislative Code; or (vii) the violation involved the sale of cigarettes to a minor. (1) Imposition o/'fines. The council may impose a fine upon any licensee or license applicant 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�ides for the imposition of a fine, both pro��sions shall be read Supp. \o. ¢1 2036 a3-a� LICENSES together to the extent possible; provided, how- ever, that in the case of any conflict or inconsis- tency, the other provision shall be controlling. (Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88; Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No. 17659, § l, 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; C.F. No. 94-1340, § 2, 10-19-94; C.F. No. 95-473, § 4, 5-31-95) Sec. 310.06. Revocation; suspension; adverse actions; imposition of condi- tions. (a) Council may take aduerse action. 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 shaIl 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 action. Such adverse action may be based on one (1) or more of the following reasons, which aze in addition to any other reason specifically provided by law or in these chapters: (1) The license or permit was procured by misrepresentation of material facts, 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 facfs in or accompanying the application. (3) The license �vas issued in violation of any of the provisions of the Zoning Code, or the premises which are licensed or which aze to be licensed do not comply with applicable health, housing, fire, zoning and building codes and regulations. § 310.06 (4) The license or permit was issued in viola- tion of la�v, without authority, or under a material mistake of fact. (5) 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 rene�cing the license. (6) 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, ordinance or regulation rea- sonably related to the licensed activ- ity, regazdless of whether criminal charges have or have not been brought in connection therewith; b. The licensee or applicant has been convicted of a crime that may dis- qualify said applicant from holding the license in question under the standards and procedures in Minne- sota Statutes Chapter 364;or (7) (8) (9) c. The licensee or applicant {or any person �vhose conduct may by law be imputed to the licensee or applicant) has engaged in or permitted 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 offitness or good character 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 �vays reasonably free of sno�.v and ice as required under Chapter 114 of the Saint Paul Lea slati� Code. Supp. t�'o. 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 actions done to others, including, but not limited to, actions meeting the definition of criminal sexual conduct pursuant to Minnesota Statutes Sections 609.342 through 609.3451; sexual abuse, physical 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 £or the purpose of sa]e 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 mora] character or fitness required to engage in a licensed activity, business or profession. (11) 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. (12) 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 anv person who has any interest, whether as a holder of more than fice (5) percent of the stock of a corporation, as a partner, or othenvise, in the premises or in the business or activity which are licensed or proposed to be licensed. With respect to any license for activities entitled to the protection of the FirstAmendment, notwith- standing the foregoing procisions, neither the lack of good moral character 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) Imposition ofre¢sorzable conditiorzs 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 imposed upon such license for the purpose of promoting public health, safety and welfare, of advancing the pub- lic peace and the 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 neazby 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 o£ 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 particular type of activi- ties may be conducted; (3) A limitation as to the means of ingress or egress from the ]icensed establishment or its parking lot or immediately adjacent area; (4) A requirement to pro�-ide off-street park- ing in excess of other requirements of law; (5) A limitation on the manner and means of advertising the operation or merchandise of the licensed establishment; (6) Any other reasonable condition or re;tric- tion limiting the operation of the licensed business or establishment to ensure that Supp.\o.91 2038 �� a� 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 action against the license or licenses following notice and hearing as may be required. Such conditions may be imposed on a license or licenses upon issuance or renewal thereof, or upon and as part of any adverse action against a license or licenses, including 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. (d) Standards for multiple Zicense determin¢- tion. In any case in which the council is autho- rized to take adverse action against less 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 involced, either as em- bodied in the Legislative Code or as found and determined by the council; (3) The interrelationship of the licenses and their relative importance to the overall business enterprise of the licensee or ap- plicant; (4) 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) The hardship to the licensee or applicant that �vould be caused by applyzng 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 �vould result from adverse action against less than all o£ the licenses or applica- tions. (Code 1956, § 510.06; Ord. No. 17554, § 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, 4-28-92; C.E No. 94-50Q § 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. 99-500, § 3, 7-7-99) Sec. 310.07. Termination of licenses; surety bonds; insurance contracts. (a) Automatic termination, 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 perforzn the licensed activity after such termina- tion. The licensee is liable 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 �vith such filing and maintenance requirement;. In the event the licensee reinstates and files such poli- cies, deposits, bonds or certiftcations within thirty (30) days, the license is automatically reinstated on the same terms and conditions, and for the same period as originally issued. rlfter thirty (30) days, the applicant must reapply for a rene�val of his license as though it were an original applica- tion. Supp. I�;o. 41 2038.1 , OFFICE OF THE CITY ATTORNEY Manue7J. Cervnntu, CityAttorney Q � � � .... ...-_: {L� CITY OF SAINT PAUL Randy C. Kelly, Mayor December i l, 2002 Brandon D. Davis 893 Fry Street, # 4 SainY Paul, Minnesota 55104 ' � i,� •• � - - - ' '_ r:i 1 ��YyFv(tjl�ivision 400CiryHa71 Te(ephone:6i1266-5710 -. :�, j�,�5 West Kellogg Bhd. Facsimile: 65! 298-5619 �_�;� j� Saint Paul, Minnuot¢ 55102 NOTICE OF HEARING RE: Application for a Saint Paul Taxicab Driver's License Dear Mr. Davis: Please take notice that a hearing will be held at the following time, date and place conceming your license application identified above: Date: Tuesday, January 14, 2003 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: Allan W. HIeia Office of Administrative Aearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-341-7609 The Council of the City of Saint Paul has the authority to provide for hearings concerning licenses and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, ofthe Saint Paul Legislative Code. Adverse action may include revocation, suspension, fines and other penalties or conditions. AA-ADA-EEO EmployeT D3-a�, Evidence will be presented to the judge which may lead to adverse action against you as follows: You have a misdemeanor conviction for disorderly conduct for which you were sentenced on September 20, 2002. A review of the police reports shows that this incident involved the threat of force and the use of force, and resulted in injuries to another person. Pursuant to Saint Paul Legislative Code §376.16(e)(4) you are not eligible to be licensed as a Saint Paul cabdriver as you have a misdemeanor conviction within the last three years involving the use or threat of use of force. _ -, _.`ri , 7 '- v .�i `" � I ' '' �� t .�; �� 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 prak:bited as unauthorized przctice �f?a1;�. 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 ofwhom you or your attomey may cross-examine. You may then offer in rebuttal any witnesses or evidence you 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. Foliowing the hearing, the Judge wiil 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 forsnal hearing, please contact or have your attorney contacY the ur.�ersi�e�. If a stipulat:or or a�eeinent cari be reacned as to the facts, that stipulation wili be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the 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 Z. Notice of Hearing - Page 2 If you have any questions, you can call me at 266-8710. Very truly yours, � /- �./_ic�J � �''`�� Virginia D. Palmer Assistant City Attorney b3�a�� cc: Diane Nordstrom, Office of Administrative Hearings, 100 Washington Squaze, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Councii Secretary, 310 Ciry Hall Christine Rozek, Deputy Director of LIEP Notice of Hearing - Page 3