Loading...
06-422couo�il File # o�O - yaoL Green Sheet # 'j � , (� S�G` CITY � Presented bv RESOLUTION SAINT PAUL, MINNESOTA �� 2 3 WI�REAS, adverse action was initiated against the Taxicab Driver (Provisional) license 4 applicafion submitted by Terence P. Perkins (License ID#20060000933) for the City of Saint Paul, by 5 Notice of Intent to Deny License Applicarion dated April 11, 2006, concerning a conviction for Reckless 6 Driving - Alcohol Related from San Bernadino County on July 14, 2004 in violation of Saint Paul 7 Legislative Code §37616 (e) (5) (a); and WF3EREAS, the licensee has not contested the allegation; and 10 11 WI the Office of License, Inspections and Environmental Protection has recommended 12 denial of the license application; now, therefore be it 13 14 RESOLVED, that the TaYicab Driver (Provisional) license application submitted by Terence P. 15 Perkins is hereby denied. 16 17 This Resolution, and the action taken above, are based upon the facts contained in the April 11, 18 2006, Notice of Intent to Deny License Application sent to the licensee and the arguxnents made at the 19 Public Hearing on May 17, 2006. Requested by Department o£ AdoptedbyCouncil: Date _ //��.a?O�G Adoprion Certified by Council Secretary BY� l ' ls6r� Approved b ay ate s Z� B By: .... ♦ � _ ' Form A roved by Ciry Attomey BY� �r � � �� Form p ov�d by Mayo ub ' ion to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � n i ni ,Lr�� � < <.,� , � �- DepartrneM/office/councii: Date Initiated: � LP — License/Inspection/EnvironProt 2¢�R.� Green Sheet NO: 3030508 I CoMact person 8 Phone• � ���ent Serrt To Person � Initial/Date Rachel Gunderson 0 "cense/Ins ction/Environ Pro Z ���� ' Assign 1 icensellns ection/EnvironPro De rdnentDirector � Must Be on Council Agenda by (Date): Number 2 i Auome i For ' � � �� Routing 3 a or's Otfice Ma or/Assistant Ofdef 4 ouncil 5 i Clerk Cti Clerk Toql # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approval of the attached resolurion to take adverse action against the Taacicab Driver (Provisional) license applicarion submitted by Terence P. Perkins (License #20060000933) for the City of Saint Paul. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this personffirm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has thispersonffirm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee was convicted of Reckless Driving - Alcohol Related in Califomia within the last three years in violation of St. Paul Legislative Code Section 376.16 (e) (5) (a). After noUficarion, licensee requested a public hearing. Advantasles If Approved: �r�rn,rn License denial as recommended by the Office of LIEP. C C�VCL� APR 2 5 200fi DisadvantapeslfApproved: �y�AYOR OFFICE None. Disadvantapes If Not Approved: � � ����'n Total Amount of Cosf/Revenue Budgeted: 2 �� Trensaction: �� � Fundinq Source: Activity Number. Financial Information: (F�cplain) OFFICE OF THE CITY ATTORNEY John Choi, City Attorrsey C�-O� -��- CITY OF SAINT PAI7L CiviZDivision Civistopher B. Coleman, Mayor 400 Ciry Hall Telephone: 657 266-8710 IiWestKeZloggBlvd Facsimile:651298-56I9 Saut Pau1, Minnesota 55102 ��� Apri125, 2006 N01TCE OF COUNCIL HEARING Terence P. Perkins 3250 Cleveland Street NE Minneapolis, MN 55418 RE: Tasicab Driver (Provisional) license application submitted by Terence P. Perkins for the City of Saint Paul License ID #20060000933 Deaz Mr. Perkins: Please take notice that this matter has been set on the Public Hearing Agenda for the City Council meeting scheduled for 5:30 p.m., Wednesday, May 17, 2006, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed aze copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested matter concerning your Reckless Driving-Alcohol Related conviction in the State of California within the last three years in violation of Saint Paul Legislative Code §376.16 (e) (5) (a). This matter has been placed on the public hearing agenda portion of the City Council meeting, during which public discussion is allowed. The recommendation of the licensing office denial of your license application. If there is anv other informafion you would like Citv Council to review nrior to the public hearine I will need to receive it no later than Mondav, May 8, 2006. If you have any questions please feel free to contact me at 266-8710. Very truly yours, , , chel G de so Assistant City A orney cc: Christine Rozek, Deputy Director of LIEP Mary Erickson, Assistant Council Secretary, 310 City Hall AA-ADA-EEO Employer UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Date: Violation: Date of conviction: Terence P. Perkins ('fi O� -<1�' 3250 Cleveland Street NE, Mpls., MN 55418 Wednesday, May 17, 2006 @ 5:30 p.m. Reckless Driving -Alcohol Related conviction in the State of Califomia within the last three years in violation of Saint Paul Legislative Code §376.16 (e) (5) (a). July 14, 2004 Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: Denial of license application Attachments: 2. 3. 4. Proposed resolution Copy of license information from ECLIPS screen Copy of Receipt for license application dated 3/27/06 Copy of Taxicab Driver license application with State of Minnesota driver's license 5. Copy of Defendants Name, Charges and Case Report information from San Bernadino County Courts dated 4/6/2006 6. Copy of Notice of Violation with Affidavit of Service dated 4/11/06 7. Copy of letter from licensee requesting a public hearing dated 4/18/06 8. Copy of California Vehicle Code Sections 23100, 23103 and 23103.5 8. Copy of §376.16 of the Saint Paul Legislative Code �' o� - ��a = - - -.�. - - -- - '��-^'�,w ...::i����4# � ��:�^ : '"�^. ,Y • '� i 4! .�. � :..w. : ,� � • r, � Propecties For Eicense 3256 CtEN€Lt#riD-SF h'E _�� '` ■ . . ... ._... . . - -- : �a �r - tr �' � ❑ i�..r . ..7'. fi�. " ' _ _' " .i: ' ' _., ' • s.«� _ _" ' " - e. s �i'�E� r ll x C �'�.[ �af �� - ♦ i� 1 /1 � i �1.. e t. F Il. - • " - x u a . e � ' „_ � W'm'•v+..: t / C�� OG -��-.�- _ . - wwt. F+. I:t. �.�r. . �.. - t=�.. . ,� _ - :�: r :;�� ��,F� - � �t �! 4 i t� . _" : u o- - ' " �: ' ., - ' e,v . - - � _� �.- .t � rF. �s. i.: !K i.t. � �, u ��., .. ,�,�^n^^. ;' ""' n n`-z Y�:w�., '� n �-d . �'"' . e: _�`� �-�m.".t"�, , m an .: S a-'X .' x �`' ,er?, ; .4 �", 1':n.uc s.s itsa : .:�'":.. a: . ���.. �`� t . . ..-.s . ._.. .�_ . . .. . _ . . . '.aJ e+ M .n R£ 5 �T"LE.a 1's � � -'Wr .,""f . i ���ss`�� ,.'��°,�, �'. mn ' ..::.�..'�.,;� � '+ � �' �x"�'�^�. s�: ;. .. .. ._.,.._ ... . ...... .. ..... .�..._.,,__ _. . . _...... ... . , .... ....... ,. _, .....,..., . , ....... . . ....... ,._ v ,z v :, ^�; �� � � �. . �,: ; LiG�3 Ty33g C�r�tats(Iarsg� __ _._ �,Y..�.�,�.....Y�,� i ` t � �s� m , . .._.�_...,.� .� .,.�._.»_.,... _...-.u_,.-...m...w,.._,.�..m._....�-..... ' .,i� � :,�"r,� i � '��� k."" � � C�' ��-�aa � � =- � - r,� .�s : � e... �� : � <" � ' �R � f'• -A _ . ' _ �i: - ' ' _ _ _ • �' ' e' ��i� `.6'4i+� • It t1F. f ' " "_"_'__' � � i .r i+t:ltt t.kFi " � ! " " - 1 'lii. 1� - t• ua t �� E� ._. _.....�. ..."'_'_ ..._ .......... ....„..._,__ ...._.....,....�.. � Et1$B T}� . � .. .. (� .. . .. �1� To r�a far rev�w ot �u record_ i�S ; ._._.__..........._.. _�.�_..,�..� .�14#1....,_r;�a:-��,��:a.� , � � "�, - � �' , ` � RECEIPT FOR LICENS� ,�PPLICATION Date Receipt Printed: Mar27, 2006 LicensetD: 20�6���a933 CITY OF SAINT PAUL Office of License, InspecGOns aM Environmenbl Protec6on 8 Fourth Street East, Suite 200 Saint Paul, Minnesoha 55to74024 Phone: (657)266-9050 FaK (651) 266 - 9124 www.liep.us Receivetl From: TERENCE P PERKINS 3250 CIEVELAND ST NE MINNEAPOLIS MN 55418 In apolication for: TaxicabDriver(Provisional) (1) Effective � Expiration Date Date Mar 27. 2006 Jun 27. 2006 Total Due on this appiication 540.00 Other Fees Owed $0.00 Account Total Amount Due Sa0.0o Amaunt Paid $40_00 Outstanding Account Balance Due $0.00 .icense � Amount I Balance on Fee Paid 4 This License $40.00 $40.00 $0.00 Conditions: The:e a:e no cendifions C�a�,d cn :his !icer.se at :his :Lme. Unmet Reauirements: Recortl Check- Criminal Hisrory Proiect Facilitator: CORINNE T. (651) 266-9106 Insoector(sl: REID S. (651) 266-9120 Record Check-DrrvinB \ �X /:i��„�� 3�3o-o6�s �,� � � �/�r This is not a License to operate NOT/CE - The ficense(s} you have app/ied for may require you fo pay an additiona! " Environmental Health Change of Ownership fee or Environmenfal Health Plan Review/Remodeling fee. If any of these fees are required, a separafe invoice for the amount due wil( be sent fo you. �., ./, , , TAXICAB DRIVER LICENSE APPLICATION THIS APPLICATTON IS SUBIECT TO REVIEW BY TT� PUBLIC PLEASE TYPE OR PRIN'i' IN INK Agplicant Information Name and Title: � CTTY OF SAINT PAUL Office of License, Inspecfions and Enviconmental Protection 8 F.ast 4° Sc, Surte 200 Stivt Pau4 Mvuicsora 551oi (651) 266-9QSY1 Fxt (6S1) 2fi69124 Weh wvnvasryautmm.uylicp� First � Middie (Maiden) ` Last Title Home Address: 3 0� S d C �P �.�7,c,r� �% �"l/ �j�L� 1�N �S�// � Street (�, Name, Type Direction) � Ciry State Zip+4 Mail To Address (if different than home Shee[(#,Name, City State Zipt4 HomePfione:((a�Zl `���,3/07DateofBirth:OZlZ�I/5� PlaceofBirth: �b�l����A��e, i�/U. Driver's License #:�-('�ZS 7�9- b`�6 - f53 Expirarion Date:_ O 2' Z�- O� Are us a citizen of the United States? � S If yau are not a US citizen, you must provide proof of work authorization from the US Immigration and Naturalization Service. Name and Address of cab company you wili be driving for: 1� � � (� �� p t� Do you own or lease the cab you drive? �7'-�S What is the lease rate you pay to operate the cab? �7 �S. `�° �f P �� cQ �M Previous residence (past 5 years) � - ; �` � CTO�-�d-�- 1 , � � y J ;,''•t �. , i Y : �8 .{ A, ,+' y ; � � TERENCE PATRICK PERKINS 8295 GREENWOOD DH MOUNDS VIEW, MN 55112 �.;R$�.�. � �1ame Search Results - San Bernardino Main ���._ Home Name Search Date PATRICK ��1958 ��MNE010784 �__ Page 1 of 1 '(�f= O/ - yfa-�' http: 4/6/2006 �MNEQ 10784 - Charges - San Bernardino Main Page 1 of 1 � � -. n�0�-��a Home ��' Stacus gQ¢ Cita€ges lnfo .4c4ions Rtlinutes Case RB}70Y� �IY3� lnfo Defendant 1 of 1 Pro6at'ton Case MNE010784 Defendant 1461542 PERKINS, TEI2ENCE PATRICK http://170164.50.60/openaccess/CRINIINAL/DefendantCharges.asp?courtcode=X&casenu... 4!6(20Q6 �MNE010784 - Case Report - San Bemardino Main Page 1 of 10 r \ ( UI' O�o - �f�-�- Case MNE010784 - Defendants Case MNE010784 Defendant 1461542 PERKINS, TERENCE - Status Filing Type Citation Ordered Bai( $U,�U D.A. Nexf Action: Custody N/A Filing DaEe 09/05/2002 Posted Bail $U.00 Defense J BRIAN CAMPBELL Depufy Report #; HP-71 14959QK Case MNE010784 defendant 1461542 PERKINS, TERENCE - Charges VC M23152 1 (A) Filed Charges Cou�t Charge ' IVC M23152 UNDER THE WF�UENCE UNDER THE INFLUENCE 1l20�2 'NAVE010784 - Case Report - San Bernardino Main Page 2 of 10 �� � � ��o -���` Case MNE010784 Defendant 1461542 PERKINS, TERENCE - Probation Probation Type: SUMMARY Granted: 07/14/2004 Expire: 07/14/2007 PRONOUNCEMENT OF JUDGMENT IS ORDERED WITHHELp AND CONDITIONAL AND REVOCABLE RELEASE IS GRANTED FOR A PERIOD OF 36 MONTH(S) 1) VIOLATE NO LAW OTHER THAN MINOR TRAFFIC. PAY A FWE OF $1581.00 PWS $35 COLLECTION FEE TO CENTRAL COLLECTIONS, AT A RATE Z � OF $50.00 PER MONTH, COMMENCING 09/01/2004, INCLUDES $100.00 + 10% VICTIM REST. ATTEND COUNTY APPROVED (1ST OFFENDER) ALCOHOL PROGRAM. ENROLL BY 09/01/2004 3 � AND SUBMIT PROOF OF COMPLETION TO COURT BY 03/01/2005 IN CLERK'S OFFICE PF2F. DRIVER'S LICENSE ORALLY RESTRIC7ED FOR A PERIOD OF 3 MONTHS. DRIVE TO & FROM 4 � EMPLOYMENT & DURING COURSE OF EMPLOYMENT; TO & FROM TREATMENT PROGRAM SERVE 2 DAYS IN A SAN BERNARDINO COUNTY JAIL FACILITY. WITH CREDIT FOR TIME 5 � SERVED OF 2 DAY(S). 6) 7j 8) 9) NOT DRIVE MOTOR VEHICLE UNLESS pROPERLY LICENSED. �CT Cf2�VE F. �;GTCi2 � EYI��E �"���SS ?R^,P�S2�Y S".S�R��. NOT DRIVE A MOTOR VEHICLE WiTH A MEASURABLE BLOOD ALCOHOL LEVEL. �F ARRESTED FOR DUI, SUBMIT TO A TEST OF BLOOD, BREATH OR URINE, IF REQUESTED BY ARRESTING OFFICER. Case MNE010784 Defendant 1461542 PERKINS, TERENCE - Retated Cases On Calendar Related C ases On Calendar Defendanf Does Not Have Anv Ofher Cases �th Fufure Hearinqs Scheduled. Gase MNEO'10784 Defendant 146'1542 PERKINS, TERENCE - Previously Disposed Cases N F il e d D a t e Cha�ges �Ne H � J ur is d ic ti o n Defendant Does Not Have Anv Other Reportab/e Cases. � _. CITY OF SAINT PAUL Christopher B. Coteman, Mayor April 11, 2006 �. OFFTCi, ,�F THE CITY ATTORNEY John J. Choi, CityAttorney CiviZDivision 400CityHall ISY�estKeTlo�Blvd Saint Paut, Mrmr¢sota SSIO2 NOTTCE OF INTENT TO DENY LICENSE APPLICATION Terence P. Perkins 3250 Cleveland Street NE Minneapolis, MN 55418 C',/- C1� -`f� TeZephone: 657 266-87Z0 Facsimile: 651298-56I9 RE: Taxicab Driver (Provisional) license application submitted by Terence P. Perkius for the City of Saint Paul. LicenseID # 20060000933 Dear Mr, Perkius: The Office of License Inspections and Environmental Protection has recommende� den;at of tlie TaYicab Driver (Provisional) license application submitted by �'erence P. Perkins for the City of Saint Paul. The basis for the recommendation is as follows: After a review of your driving recard in San Bernadino County, California, it was discovered that you were convicted on July 14, 2004 fox Reckless Driving - Aicohol Related in violation of California Vehicle Code M23103.5. This is aLso a violafion of Saint Paul Legislative Code section 376.16 (e) (S� (a) which states °G Eligibility to be licensed to operate a taxiCab shall be as follows: no convictions in the last three (3) years for any of the following offenses not involving injury or deafh: reckless driving." At this time you haue three options on how to proceed: 3f you wish to have a public hearing before the Saint Paul City Council, you will need to send me a letter with a statement admitting the facts and requesting a public hearing, We will need to receive your letter by Nionday, Apri124, 2006. The mafter will then be scheduled before the City Council for a public hearing to determine whether to deny your license application. You will have an opport�wity to appear before the Council and make a statement on your own belialf. AA.-ADA-EEO Employer Terence P. Perkins (� ( �a � _'�' 0� _ ��� April 11, 2006 ��� Page 2 2. If you dispute the above facts, or wish to present evidence that the conviction is not related to your license as a cabdriver, or that you haue been rehabiLitated pursuant to Minu. Stat. §364.01 et seq, a hearing will be scheduled befare an Adwinistrative Law Judge. At that hearing both yon and the City will be abie to appear and present witnesses, evidence and cross-examine the other's witnesses. The St. Pau1 City Council will ultimately decide the case. If this is your choice, please advise me by letter no later than Monday, April 24, 2006. 3. You can withdraw your license application. Send a written statement to that effect to the Office of License, Inspections and Environmental Protection, 8 Fourth Street East, 5uite 200, St. Paul, Nlinuesota 55101-1002 no later than Monday, April 24; 2006. Information should be directed to the attention of Christine Rozek. Any request for a refund of the license application fee must also be made in writing to the Office of LIEP. If you have not contacted me by that date, I will assume that you do not contest the denial ofyour license application. Tf you have any questions, feel free to call me or have your attorney call me at (651) 266-8710. Sincerely, �� �� Rachel Gunderson Assistant City Attorney cc: Christine Rozek, Deputy D'uector of LIEP AA-ADA-EEO fimployer r" � � �� -���- STATE OF MIl�INBSOTA) ) ss. COUNTY OF 12AMSEY ) AFFIDAVIT O� SERVICE BY U.S. D?AIL JCTLIE KRAUS, being first duly sworn, deposes and says that on April 12, 2006, she served the attached NOTICE OF INTEl\T TO DEl\Y LICENSE APPLTCATION by placiug a true and correct copy thereof in an envelope addressed as follows: Terence P. Perkins 3250 Cleveland Street NE Minneapolis, MN 55418 (which is the last laiown address of said person) depositing the same, with postage prepaid, in the United States maii at St. Paul, Miimesota. Subscribed and swom to before me this 12�' day of Aprii, 2006 � /�'( ' �— No Public . , �� � ii v Julie Kraus RITA M. BOSSARD N�TARY PI�UC - M1Nt�507A MY COMMISSION EXPIR£S JAN. 31, 201 0 �� �� -��' � � � � � ° April 18, 2006 ��� � ? �UUti �1�� � � ���€��� Rachel Gunderson �;ssistant City Attorney B�: Terence P. Perkins Taxicab Driver I,icenae Applieation License # 20060000933 I wiah to have a pnbl3c hearing before the Saint Paul Citg Council� to ask i£ they woulZ_ieave the tiste left� of the three years.Code Section 376.16 (e} (5) (a) . I was convieted of Reekless Drivin$ — Aleohol- Related on July 14� 2004. `I"he�.e ineeder�t happenecLin�ep�ember of 2002.,..T have_not_had.any type 9f accident, incedent, or drining violation for 3 p�n.rs, 7 moxiths. I realize the seriaueness of my mistake. I take laws and sai� whole heartily. I now know that I will never have a ineident like that agaixi. 7nclosed axe lettera from freinds. My £uture employer and doctor are send3.ng in lettera as well, S know that employment as a ta:cicab driver�woulfl allow me to serve the community� as we11 as 3te7.gixig me contixiue my gra!�th� as a responsible person. Sincerely, �-� � �--` Terence P. Perkins �A Codes (veh:23100-23135�_ � Page 1 of 12 VEHICLE CODE SECTION 23100-23135 23100. The provisions of �his chapter apply to vehicles upon the highways and elsewhere throughout the Stace unless expressly provided otherwise. 23103. (a) Any person who drives any vehicle upon a highway in willful or wanton disregard £or the safety of persons or property is guilty of reckless driving. (b) Any person who drives any vehicle in any offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety oP persons or property is guilty of reckless driving. (c) Persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than £ive days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104. 03. (a) When the prosecution agrees to a plea of guilty ox nolo contendere to a charge of a violation of Section 23103 in satisfaction o£, or as a substitute for, an original charge of a violation of Section 23152, the prosecution shall state for the record a factual basis for the satisfaction or substitution, including whether or not th°re had been cons::mption of any alcoholic beverage or ingestion or administration of any drug, or both, by the defendant in connection with the offense. The statement shall set forth the facts that show whether or not there was a consumption of any alcoholic bevexage or the ingestion or administxation of any drug by the dePendant in connection with the offense. (b) The court sha11 advise the defendant, psior to the acceptance of the plea offered pursuant to a factual statement pursuant to subdivision (a), of the consequences of a conviction of a violation of Section 23103 as set forth in subdivision (c). (c} If the court accepts the defendant's plea of guilty or nolo contendere to a charge of a violation of Section 23103 and the prosecutor's statement under subdivision (a) states that there was consumption of any alcoholic beverage or the ingestion or administration of any drugs by the defendant in connection with the offense, the resulting conviction shall be a prior offense for the purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622, as speci£ied in those sections. (d) The court shall notify the Department of Motor Vehicles o£ each conviction of Section 23103 that is required under this section to be a prior offense for pusposes of Section 235A0, 235fl6, 23550, 23560, 23566, or 23622. (e) If the court places the dePendant on probation for a conviction o£ Section 23103 that is required under this section to be a prior offense for purposes o£ Section 23540, 23546, 23550, 23560, 23566, or 23622, the court shall order the defendant to enroll in an alcohol and drug education program licensed under Chapter 9 � Q/o "/7�a http://wwwleginfo.ca.gov/cgi-bin/displaycode?section=veh&group=23001-24000&file=23... 4/6/2006 CA Codes(veh:23100-23135) � � �commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Sa£ety Code and complete, at a minimum, the educational component of that program, as a condition of probation_ If compelling circumstances exist thaf mitigate against including the education component in the order, the court may make an ai£irmative finding to that ef£ect. The couzt sha11 state the compelling circumstances and the affirmative £inding on the record, and may, in these cases, exclude the educational component from the order. (f) The Department of Motor Vehicles shall include in its annual report to the Legislature under Section 1821 an evaluation oi the effectiveness of the program described in subdivision (e) as to treating persons convicted of violating Section 23103. 231�4. (a) Except as provided in subdivision (b), whenever reckless driving of a vehicle proximately causes bodily injury to any person othex than the driver, the person driving the vehicle shall, upon conviction thereof, be punished by imprisonment in the county jail for not less than 30 days nor more than six months or by a fine of not less than two hundred twenty dollars ($220) nor more than one thousand dollars ($1,000), or by both the fine and imprisonment. (b) Any person convicted of reckless driving which proximately causes great bodily injury, as defined in Section 12022.7 of the Penal Code, to any person othex than the driver, who previously has been convicted of a violation of Section 23103, 23104, 23109, 23152, or 23153, shall be punished by imprisonment in the state prison, by imprisonment in the county jail for not less than 30 days nor more than six months or by a fine o£ not less than two hundred twenty dollars ($220) nor more than one thousand dollars ($1,000) or by both the fine and imprisonment. 23109. (a) A person snall not engage in a motor vehicle speed contest on a hiqhway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes oP this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but where the vehicle does not exceed the speed limits, is not a speed contest. lb) A person shall not aid or abet in any motor vehicle speed contest on any highway. (c) A person shall not engage in any motor vehicle exhibition of speed on a highway, and no person shall aid or abet in a motor vehicle exhibition of speed on any highway. (d) A person shall not for the puxpose of facilitating or aiding or as an incident to any motor vehicle speed contest or exhibition upon a highway in any manner obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon any highway. (e} (1) A person convicted of a violation of subdivision (a) shall be punished by imprisonment in a county jail for not less than 24 hours nor more than 90 days or by a fine of not less than three hundred fifty-five dollars ($355) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. That person shall also be required to perform 40 hours of community service. The court may order the privilege to operate a motor vehicle suspended for 90 days to six months, as provided in paxagraph (8) of subdivision (a) of Section 13352. The person's privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to Page 2 of 12 �' d�'�f�' http://www.leginfo.ca.gov/cgi-bin/displaYcode?section=veh&�soup=23 001-24000&fi1e=23... 4/6/2006 Chapter 376. Taxicabs* Sec. 376.16. Taxicab driver's license. Page 1 of 2 �f' �lo "L{�'� (a) License required. EffecCive March 15, 1991, no person shall drive a taxicab, nor shall a�y owner or lessee of a taxicab ailow 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. (b) Drive�s from other cities. Any driver licensed to operate a taxicab in another clty may carry passengers from that city to any place within the City of Saint Paul and may freely enter and travel upon the streets for that purpose. In that case, it shall not be deemed necessary for the taxicab driver to obtain a Saint Paul license, but the driver shall not be permitted to accept or offer any passenger for hire in the City of Saint Paul, or otherwise operate a taxicab within the ctty without first obtaining a license under the provisions of this Code. While within the city, the taxicab driver shall be required to observe all of the applicable regulations and conditions of this section and shaii have in possession and disptay to any person upon demand the license certificate for the taxicab. (c) License application. Every appiicant for a taxicab driver's license sBall fiie an application with the Iicense division. The application shall be made on a form provided by said division, containing such information as the license inspector may require, including, but not limited to, a complete employment history, to verify that the terms and conditions of this chapter have been met. The application shall be signed and sworn to by the applicant. Prior to the issuance ot the license, every licensee shall be photographed. The chtef of police or his representative shall investigate each applicant and shali forward the resuits of the application to the license inspector. Any false statement on the application shall be grounds for denial, refusaf 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 Legisiative Code. (e) Prerequisites to license. Eligibility to be licensed to operate a taxicab shall be as follows: (1) Possess a valid Mi�nesota driver's ficense; (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 authorization from the U,S, Immigretion and Naturelization Service; (4) Sfiail have no fefony convictions in the last five (S) years; shali have no nontra�c gross misdemeanor or misdemeanor convictions in the last three (3) years involving the use or threat of use of fiorce, possesslon or sale of a controlied substance, prostitution or indecent conduct. The license inspector may grant, pursuant to state statute, an exception to the above provisions upon evidence that the offense is not related to the occupation of Wxica6 driver; (5) Shall have a driving record meeting the following standards: a. No convictions in the Iast five (5) years for any of the following offenses involving injury or death; no conviction in the last three (3) years for a�y ot the foifowing offenses not involving injury or death: 1. Leaving the scene of an accldent; 2. Driving under the inFluence of an alcoholic beverage, controlled substance or hazardous substance that affects the nervous system, brain, or muscles of the person so as to substantially impair the person's abiiity to drive or operate a motor vehide, or any combination thereof; 3. Driving with an a�cohol concentration of .10 or more or driving with an alcohol concentration of .10 or more as measured within two hours of driving a motor vehicle; 4. Reckiess driving; 5. Careless driving under circumstances from which a reasonable person couid draw the inference that the driving behavior was affected or influenced by the driver's use of afcohol, controlled substances or hazardous substances affecting the driver's nervous system, brain or muscles of the person so as to substantiafly impair the person`s ability to drive or operate the motor vehicie; or 6. Refusal to take a breathalyzer test. b. No prlor license revocation as defined in Minn. Stat., § 169.121, subdivision 3(a)(2). c. For original licensure: No more than four (4) moving viotations within the last three (3) years, a�d no more than two (2) moving violations 1n the last year. For renewal: No more than four (4) moving vio�ations within the Iast three (3) years and no more than three (3) moving violations in the last year. Moving violations shall mean for this subsection those violations specified above in subsection (SJa., and any speeding violations. d. Every new applicant shali have at Ieast one (i) year's driving experience as a licensed driver. Such prior driving experience shall be verified by an affidavit signed by a reputable person and submitted with the license application. e. Upon submission of proof of suitability and evidence oP 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 approved by the director of the office of license, inspections and http:ilwwwstpaul.govicodeiic37b.html 4121/2006 Chapter 376. Taxicabs* environmental proYection. Page 2 of 2 (i�- ��° ��- (6) Have a demonstrated knowiedge of the provisions of the taxicab ordinance relating to the conduct of taxicab drivers and the operation of a taxicab. (7) Failure to apply for renewal of any taxicab operator's license within thirty (30) days after expiration shall be deemed an abandonment of the licensee's right to such renewal. (8) For any driver seeking original licensure, or any driver whose taxi license has lapsed for more than one (1) year if the driver never completed the taxicab driver training course, or whose taxi license has lapsed for more than two (2) years if the driver previousty completed the taxicab driver training course, or as deemed necessary by the license inspector: shali have successfuily completed the [axicab driver training course as set forth in section 376.17. (fl Duty to exhibit license. Effective March 15, 1991, every taxicab driver while on duty shail dispiay the front of his or her taxicab driver's license on the dashboard of the vehicle in a location readily visible to passengers, which license displays the driver's photograph and license number on the front in a manner approved by the license inspector. In addition to any other penaities, a deputy inspector or police officer may order the licensee to discontinue operations until such time as the iicensee has a iicense in possession. (g) Issuance oflicense. Each taxicab driver's license shall have upon it a number by which the license shall be designated, a photograph of the licensee, and such other information as the license inspector may require. 7he license inspector may issue licenses for a term of less than one (i) year for a prorated initial fee in order to evenly distribute Ifcense expiratfon dates throughout the year. (h) Requirement of valid Minnesota d�iver's license. Any time that a licensee's Minnesota driver's license is suspended, revoked or canceled, his or her taxicab driver's license shall likewise be immediately suspended, revoked or canceled. No person shall operate a taxicab without a valid Minnesota driver's license. (i) Renewals. A taxicab driver's Iicense shali be issued annually. The license inspector may cause the renewal of a taxicab driver's license from year to year by appropriate endorsement upon the application for renewa! and payment of an annual fee as set forth in Saint Paul Legisiative Code section 310.18. The driver shafl make such renewal application upon a form to be furnished by the license division. The renewal form shafl be flled 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. (j) Suspensio�, �evocaGOn and nonrenewal. A taxicab driver's license may be revoked, suspe�ded or not renewed by the license inspector at any time for cause pursuant to the provisians of this chapYer and Chapter 310 of the Legislative Code. When a taxicab driver's license has been revoked or suspended, it shall immediately be returned to the license divislon. If the city council stipulates that a licensee whose taxicab driver's license has been revoked may reapply after a specific period of time has elapsed, that period of time shall not commence unti! the taxicab driver's lice�se has been returned to the license division. (k) Revocation of Minnesota driver's license; limited licenses; alcohol-re/ated driving conviction: (1) Any person holding a taxicab driver's license whose Minnesota driver's license is suspended, canceled or revoked for any reason shall immediately surrender his or her taxicab driver's license to the license division. The taxicab driver's license shafl be returned to the licensee upon reinstatement af the Minnesota driver's license or issuance of a limited �icense authorizing operation of a taxicab; provided, however, that suspension, cancefiation or revocation of a Minnesota driver's license due to refusat Co submit to a legally required blood alcohol test under the state implied consent statute shall be grounds for the revocation, nonissuance or nonrenewal of the taxicab driver's license. (2) Any licensed taxicab driver whose Minnesota driver's license has been revoked and who has been issued a limited license authorfzing the operatlon of a taxicab shall immediate(y notify the license division of the same. At that time, the licensee shall Purnish to the license inspector a copy of the limited license and a writtsn statement containin9 a schedule of the days and hours of each day during which he or she will be driving a taxicab during the term of the limited license. No deviation from the schedule shall be permitted. In addition, the licensee shail personally furnish to the license inspector copies of all trip sheets for all shifts worked during the term of the limited Iicense. (3) Any person holding a taxicab driver's license shall notify the Office of License, Inspedions and Environmental Protection (LIEP) immediately whenever he or she is convicted of an alcohol-related driving offense, whether or not it invoives the operetion of a taxicab. (4) Refusa! to take and/or failure ta pass a standard breathalyzer test administered pursuant to Minn. Stat. § 169.123 while on duty shaf{ be grounds for revocation of a taxicab driver's license. (5) Failure to comply with the Qrovisions of this section shall 6e grounds for revocation of a taxicab driver's license. (Ord. No. 17767, § 1, 9-18-90; C.F. No. 94-194, g 16, 3-23-44; C.F. No. 96-486, §§ 2--4, 6-26-46; C.F. No. 97-870, § 1, 8-13-97; C.F. No. 99-231, § 1, 5-12-99; C.F. No. 00-574, § 1, 7-12-00; C.F. No. 03-123, § 1, 3-5-03; C.F. No. 04-187, § 1, 3-3-04; C.F. Plo. OS-823, § 1, 9-28-OS) http://www.stpaul.gov/code/1c376.htm1 4121{2006 �o����� Colleen S. A.ndersen Retired Teacher - 2005 David C. Andersen 6016 Oaklawn Avenue Edina MN 55424 (952)848-1124 ^- April 18, 2006 To Whom It May Concern: Re: "�erry Perkins It is with pleasure that we write this letter of recommendation for �'"arry Perkins. We have known him for almost one year. During this time we have found him to be a devoted friend and a very capable person who can understand and apply the appropriate laws regazding Minnesota T�i Licensing requirements. In addition to the above, �rry is a very likable, caring and honest person who has abilifies, experience and motivation to serve our communih� and his employer with quality service. If we can be of additional service or assistance in helping you to know him better just let us know. Thanking you in advance for allowing us to bring to light our recommendations for :f'erry Perkins for this very important job. C ZJ l�fi�,e%Z/��C��y2�`" �,. Colleen S. Andersen a id C dersen �J ' ' U�� - �f�-� David C. Andersen 6016 Qaklawn Avenue Edina MN 55424 (952)848-1124 Apri118, 2006 To Whom It May Concern: Re: "�"'erry Perkins It is with pleasure that I write this letter of recommendation for ;�rry Perkins. I haue known him for almost one year. During this fime I have found him to be a devoted friend and a very capable person who can understand and apply the appropriate laws regarding Minnesota Taxi Licensing requirements. In addition to the abov�,�'�rry is a very likable, caring and honest person who has abilities, experience and motivation to serve our community and his employer with quality service. If I can be of additional service or assistance in helping you to know him better just let me laiow. Thaziking you in advance for allowing me to bring to light my recommendations for Perry Perkins for this very important job. D vid C, d rsen ' �� Shoteview 4194 Noreh Lexington Avenue Shoreview, MN 55126-6106 651-483-5461 Fax 651-483-2155 www.allina.com April 19, 2006 ����1� �P� � 1 Jt3li6 ���� ������� OFFICE OF THE CITY ATTORNEY ATTN.: RACHEL GUNDERSON CIVIL DNISION 400 CITY HALL, 15 WEST KELLOGG BOULEVARD ST. PAUL, MN 55102 RE: PERKINS, TERRY P DOB: 02l28/1958 To Whom It May Concern: �//— ��O �f �'�' � AL�.IIVA, 1VIEDICAL CLII�IC I am writing on behaif of Terry Perkins to ask you to consider waiver af the remaining year of his ine{igibility for cab license due to his DW I incident in California in 2002. Terry has had a ciean driving record ever since this incident (his Minnesota license is totally clean). He is in need of emp{oyment in order to "get back on his feeY' after a tengthy period of drug and aicohol rehabilitation. I believe he is well on the way to recovery and is in need of employment to begin to get his I+fe back in order. Terry has been very honest and cooperative with me with regard to his previous histoty and current medical issues. I wouid urge you to allow him a taxi license at this point. Sincerely, �/( ! ��LEDG� \ Richard D. Glasow, M.D. RDGlsc 4670252 4617928 cc. An EquaL Oppar�unary Employer �� � vr/—o� � �� -��-� � : ��� � �, �,�.� ,�� �E�� � �.�.�- , . �� :�� � � � � _ �., : I:; .9,: = r � �i�� _ : = :-� / ��'��k' .-Ud'�- _�//�'tc_� ��2.e��C9�1�7` .. -, . ^, .. � ��.� ,�. � ..� �� -��, °`�" .��- �.�,��- � °-� ..p � ��,.Gz�,�, � �;�� -�`� "� c � dyC' �z. .:�� � °� �� � .-�,��.7� ��� ���� � �- �- � �� r�uu_.�'� :��..�,� �w ,z e� .� � � � .� � ��� � � ����_ r ��ros� �v'��? .�- ., `- � �, ;; . :_ � �.,. `��,� .� . � � � � � � � z���� ��-� � , �. .�.�� r�. � .� ; �� . � � �� �� ��� � � K 'a'�+8 43�ag *3 x' v. Y , , ,�. �� ���;� � ��-�,.�- �,�- ��s-- , ��f �l�c.,e��v f� �� �tie.z,���e� f %�'-�� � `'t�" � � g ��������� ���� ��� - �� ��� � �- �,`�,-���-3 �3Z �� ��