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06-70Council File # � { Green Sheet # J� a � � $ $ PRESE�iTED $Y REFERRED TO CO�'IbSITTEE: DATE i WHEREAS, adverse action was initiated against the Saint Paul Tasicab Driver license 2 application submitted by Darrei W. Henton (License ID#0058492) for the City of Saint Paul, by a Notice of Intent to Deny License Application, alleging the licensee pled guilty and was sentenced 4 for Misdemeanor pomestic Assault within the last three (3) years in violarion of Saint Paul s Legislative Code §376.16 (e) (4); and s 7 WHEREAS, the Office of License, Inspections and Environmental Protection has s recommended denial of the Taxicab Driver license application; and s io WHEREAS, the licensee has not contested the allegations; now, therefore be it u iz 13 14 RESOLVED, that the Saint Paul Taxicab Driver license application submitted by Danel W. Henton is hereby denied. is This Resolution, and the action taken above, are based upon the facts contained in the is December 20, 2005, Notice of Intent to Deny License Application letter sent to the licensee and i � the arguments made at the Pubiic Hearing on January 18, 2006. Requested by Department of: Adoption Certified by Council Secretary BY= L/�1�jfi%v o'i�/ Approved r: Date Y3 By: I �..�n (/��^� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Z� By: L/V'�� � ��'1 i._�.� Form Approved by City Attorney By: � Approved y a or for Sub� on to Council ( ���Xl' � By: Adopted by Council: Date / � �� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Department/officelcouncil: - Dafe Initiated- 01��`l � LP — Li�ensenn��riovt�h�onrroc �,,�-�6 � Green Sheet NO: 3029288 CoMact Person 8 Phone: Rachet Gunderson 266-8710 � st 6e on Councill�enda by En_ .� • 0 icensel[ s ection/Environ Pro 1 "cense/Ins ection/Environ Pro De artment Airector 2 ttornev 3 a or's ffice M odAssistant 4 uncii 5 ' Cler Cti Clerk �► , Assign Number For Routing Order Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: - Approval of auached resolution to take adverse action against the TaYicab Driver license application submitted by Darrel W. Henton (License ID#0058492) for the City.of Saint Paul. Recommendations: Approve (AJ or Reject Pianning Commission CIB Committee Civil Service Commission Personal Must Mswer the Following Questions: L Has this persoNfirm ever worked under a contract for this department? Yes No 2. Has this personffirm ever been a city empioyee? Yes No 3. Does this person/firtn possess a skili not normally possessed by any current city empfoyee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, issues, Opportunity (Who, What, When, Where, Why): Licensee was denied taxicab license due to the fact that he pled guilty and was sentenced for a Misdemeanor pomes6c Assault wit6iu the last three (3) years in violation of Secrion 376.16 (e) (4) of the Saint Paul Legislarive Code. AdvantageslfApproved: � License denial as recommended by the Office of LIEP. RE�ENED DisadvaMapes If Approved: None. f ,, ��,., �, -,� Disadvantages If Not Approved: License approved against the recommendation of the Office of LIEP. "otal Amount of Transaction: Fundinp Source: Cost/Revenue Budgeted: Activity Number: Financial Information: (Euplain) CITY OF SAINT PAUL Christopher B. Co[emarz, M¢yor January 4, 2006 OFFICE OF THE CITY ATTORNEY O� J �� John Choi, Ciry Attorney civitDivisiorz 400 Ciry HaIZ Z'elephone: 651 266-8710 ISWereKelloogBlvd. FacsimiZe:651298-56I9 Saint Paul, Minnesota S�IO2 NOTICE OF COi3NCIL I3EARING Darrel W. Henton 2033 Orange Avenue East St. Paul, MN 55119 RE: Taxicab Driver license applicafion submitted by Darrel W. Henton for the City of Saint Paul License ID# 0058492 Dear Mr. Henton: Please take norice that this matter has been set on the Public Hearing Agenda for the City Council meefing scheduled for 5:30 p.m., Wednesday, January 18, 2006, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolufion and other documents which will be presented to the City Council for their consideration. This is an uncontested matter concerning your ineligibility to obtain a Taxicab Driver license due to the fact that you pled guilty and was sentenced for Misdemeanor pomestic Assault within the last (3) years in violation of §376.16 (e) (4) of the Saint Paul Legislative Code . 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 is denial of your license applicafion. ' If you have any questions please feel free to contact me at 266-8710. Very truly yours, Rachel Gunder Assistant City Attorney cc: Chrisrine Rozek, Deputy Director of LIEP Reid Soley, LIEP Mary Erickson, Assistant Council Secretary, 310 City Hall AA-ADA-EEO Empioyer � CITY OF SAINT PAUL RmuZyC. Kelly, Mayvr - DC�Cll1bCI 2.�, 2��5 OFFICb .,�F THE CTTY ATTORNEY �� Mmnrel J. Cervantes, CityAttorney c�tn��.a� 400CityHa7T - Telephone:651266-8710 ISWestKe7lo�qBZvd Facsimile:6S1298-56I9 Sain1 Pmd, Mimnesota 55102 NOTICE OF INTENT TO DENY LICENSE APPLICATION Darrel W. Henton 2033 Orange Avenue East St. Paul, MN 55119 RE: Taziicab Driver license application submitted by Darrel W. Henton for the City of Saint Paul . License ID # 0058492 Deaz Mr. Henton: The Office of License Inspebtions and Environmental Protection has recommended denial of the Taxicab Driver license application submitted by Darrel W. Henton for the City of Saint Paul. The basis for the recommendation is as follows: During a routine criminal record check, it was discovered that at a Plea Hearing on September 8, 2003 .you pled �uilty as charged to misdemeanor Domestic Assault You were subsequently sentenced for that ofTense on November 6, 2003. Saint Paul Le�islative Cude &376.16 (e) (4) states that in order to be eli�ible for a Taaicab driver's license the applicaat shall not have a��misdemeanor convictiqn in the last three (3) year involving the nse or threat of use of force". At this time you have two options on how to proceed: 1. If 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 Friday, December 30, 2005. The matter will then be scheduled before the City Council for a public hearing to determine whether to deny your license application. You will have an opportwiity to appeaz before the Council and make a statement on your own behalf. AA-ADA-EEO Employer Darrel W. Henton December 20, 2005 Page 2 � � b ���o 2. You may withdraw yout license application. Send a written statement to that effect to the Office of License, Inspections and Environmental Protection, 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no la#er than Friday, December 30, 2UU5. Information should be directed to the attention of Christine Rozek. Any request for a refund of the license application fee inust also be made in writing to the O$ice of LIEP. If yon have not contacted me by that date, I will assnme that you do not contest the denial of your license application. If you have any questions, feel free to call me or have your attomey call me at (651) 266- 8710. Sincerely, � Rachel Gunders Assistant City Attorney cc: Christine Rozek, Deputy D'uector of LIEP AA-ADA-EEO Employer UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Date: Violation: Date of Violation: Darrel W. Henton 2033 Orange Avenue East, St.Paul, MN 55ll9 Wednesday, January 18, 2006 @ 5:30 p.m. b�-�° Licensee pled guilty and was sentenced for Misdemeanor pomestic Assault within the last three years. September 8, 2003 Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: Denial of Taxicab Driver license application Attachments: 1. 2. 3. 4. Proposed resolution Tagicab Driver License Application dated 11/30/OS with copy of Minnesota Driver' License Receipt for License Application dated 11/30/OS Ramsey County Court records 5. Notice of Intent to Deny Taxicab Driver (Provisional) License Application dated 12/20/OS with Affidavit of Service 6. Electronic mail from Rachel Gunderson dated 12/30/OS stating licensee requested a public hearing. 7. Copy of Saint Paul Legislative Code 376.16 (e) (4) . , �� �r� l�o���`�z , � � -�re TAXICAB DRIVER Renewal LICENSE APPLICATION THIS APPLICATION IS Si3B3ECt' TO REVIEW BY THE piTgLIC PLEASE TYPE OR PRINT IN INK Licenseel Name and Firsc ��� �./( v u 3c� /c� �� CITY OF SAINT PAi3L Otticc of licrnsc, fnspections and Environmental Ptotection J:0 SL Y V u Sue7, Suitc 300 Svm Pau( M coia SSIO2 (65l)266.9090Fu(65i)264912i We6:vwa.licp.¢s 0��� h[iddk (.yaiden} I.ast Tit[e Home Address: 2 � � 3 C� f� 4q� z � s � �' � � rn p �.� � Strcet (#, Name, Type D¢cchon) Ciry Stace . Zip+4 Mail To Address (if different than home Street(Y.,7dame,TypeDirection) City SWte Zip+4 Home Phone: ��5/ 1 7y3- i�3�' Date of Birth: l� I%�`/ 6-� Place of Birth: S� �'� ti� --, Driver's License #: /�%° 2 S��S S",�/ 3 ... Are you a citizen of the United States? �� 3 k � ' Expiration Date: � ° '�° " �e�� If you are not a US citizen, you must procide proof oFsvork authorization from the US Immigration and Naturalization Service. and Address of cab company you 4vill be driving for: '��O 4/ < y,G .� m c< "�_ lt p�� ANY FALSIF[CATIOY OF ANS�VERS G[VEN OR biATER7AL SUBJIITTED WILL RESULT IN DENIAL OF THIS APPLICATIO\ I hereby state that I have answered a11 of the preceding questions, and that the inFocmation contained herein is true and coReci io the best of my knorvledge and belieF. I hereby authocize the Saint Paul Police Department to use the information I have provided to check criminal histories, artest records, and warrant inFormation; and for the Police Department to provide these tecocds ta the Office of ,-- License, Inspections, and Environniental Protection to defe�mine my eligibiiity for'a taxicab driver license. I understand the information contained in the criminal background investigation is confidential, except that it may be conveyed to other law enForccment or (icensing agencies. I also hereby state that I have read and understand the rules and regulations set forth in Chapter 376.I6 (Taeicab Driver's License of the Saint Paul Legislative Code). /�- �G% - o� Signature (REQt3IftED for all appiications) Date Preferred methods of communication from this office (please rank in order of preference -"1" is most preferred): _ Phone Number with srea code;j 1 Extension ' (Circie the type oFphone numberyou ha��e listed abov�: Basine5s Home Cfll FaX Pa�e[ _ Phone Number with area code:( ) Extension (Cirdethetype�ofphoneaumbecyouhavetistcdahove): Busine5s Aoctie .Ce1I F3C Pager Mail: St�eet (#, Name, Type, Direction) ' City State Zip+4 � Intemet: E-Mail Addtess 1 / ' � / � x�.�esnmzcaz �= �� < �' �S� R�'�-J 1 �. . , � � � � � ��.�ld . .. _. . �- � n RECEIPT FOR LICENSE APPL{CATION - Date Receipt Printed: Nov 30, 2005 �icense lD: �Q58492 DARRE! W HENTON 2033 ORANGE AVE E ST PAUI MN 55119 www.�ep.us Received From: In aoulication for: Taxicab Driver • (1) Conditions Date A Date Nov 30, 2005 Nov 30, 2006 There are no conditions placed on this license at this time. Unmet Reauirements: RecorC Chack- Cnmmal MisWry 7ofa1 Due on this appiication Sa0.00 Other Fees Owed $O.Oo Account Total Amount Due Sa0.0o Amount Paid $40.00 Outstanding Account Baiance Due g0.00 Fee $40.00 p �_��o CITY OF SAINT PAUL Office of License, lnspedions and Environme�rtal Proiection e Fourth Street East Suite 200 Saint Paul, Minnesofa 55101-7024 Phone: (657)266-9090 Fa�C (651j 266 - 9124 Paid $40.00 esaiance on This License $0.00 Proiect Facilitatoc CORINNE A. (651) 266-9106 InsoectoAsP RICHARD (RICH) J. License Inspector (651) 266-9116 REID S. (651) 266-9120 Record Check- Onving fl �rtivih /1 k-�� � ,�� This is not a License to operate NOTICE - The /icense(s) you have applied for may require you to pay an additiona! Environmenta/ Health Change of Ownership fee or Environmental Health Plan Review/Remodeling fee. lf any of tflese fees are required, a sepa2te invoice for the amount due wi1� be sent to you. SD1034.1/051215:13151764 �i�Q �.me Index Display r� 1 of 1 � Name: HENTON, DARREL W. . . . . . . . . . .� . . . . . HENTON, DARREL WILLIAM, [061003] ..../The Scate of Minnesota(PLN) � fendant FLD:06/12/2003 Felony VOCSLS POSS SCH1,2,3,4, DOB 10J10J1963 62-KO-03-2085 SA Closed DISP: Convici.ed HENTON, DARREL WrLLIAM . . . . . . . . ./State of Minnesota (PLN) FLD:12/02/2002 NMvg Petty NO SEAT BELT DOS 10/10/1963 � 62-TO-02-62440 SA Archived HENTON, DARREL WILLIAM, [MCE/061003] /The State o£ Minnesota(PLN) p�Pendant FLD:06/11/2003 Dom Aslt- DOMESTIC ASSAULT-MISD DOB 10/10/1963 v 62-TO-03-28900 Cit �: 903 -616772 SA Closed DISP: Convicted HENTON, DARREL WILLIAM . . . . . . . . ./State of Minnesota (PLN) FLD:11/19/2001 Speed-PNID No Convictions on Case DOB 10/10/1963 62-T5-01-93849 Archived HENTON, DARREL WILLIAM . . . . . . . . ./State o£ Minnesota (PLN) FLD:12/14/2001 Speed-PLID SPEED 70/55 DOB 10/10/1963 62-T6-�1-99367 SA Archived HENTON, DARREL WILLIAM . . . . . . . . ./State o£ Minnesota (PLN) FLD:03l12/2002 Mvng Petty FAIL TO STOPJSTOP SIGN DOB 10l10/1963 62-T6-02-15834 SA Archived AENTON, DARREL WILLIAM , . . . . . . . ./State of Minnesota (PLN) FLD:11/19/2002 Mvnq Petty FL TO STOP/STOP SIGN DOB 10/10/1963 62-T6-02-61003 SA Archived Paging: [n = Page number, o= Change direction, L=Last Page� Function code: Codes available: 12 /� SD1019.01051215:13164537 O ` - ��Q 1, :tivity Summary �� First `P 62-TO-03-028900 Domestic Assault-TRF Date filed: 06/11/2003 The State o£ Minnesota ' vs. DARREL WILLIAM HENTON, [MCEJ061003] nato a.�+;:�;r., er�,-+/v,..a T,,.a..o r.-rn.,, r..+,-,. rr...� �.,,.r c,-��..n�+o 06/11/03 Case Filed 02_08 02:08 _ 06/12/03 Psraignrant 08:30 R Gearin ADC CDS TODAY ONLY - FC PLEA/ATTY: 07-10-03 AT 1PM 131A NCO SIGNED: BSA CR/PR OR $1000 SDL 06/12/03 Order 11:42 NO CONTACT ORDER EILED. VICTIM: THERESA MARIE GALATOVICH DOB: 06-27-63 OR THE LOCATION: 716 HAGUE AVENQE 06/16/03 Bond 69:02 Administxative $1000 GOLDBERG BOND, PWR #PGG-15839 POSTED 6/12 BY JANET RADLOFF. CRT DTE ON BOND 7/10. 06/23/03 Order 10:18 K Gearin ORDER OF CONDITIONAL REI,EASE FILED _ 07j16/03 Hearing 01:00 M Dorn 131A PNG FC SC 7-29-03 1:30PM JIIDGE LINDMAN 07/10/03 Cert Rep 02:28 SDL MSL MJC SMB CERTIFICATE OF REPRESENTATION FILED BY: RICHARD COLEMAN ID# 136141 SMB 67/10/03 Order 02:29 ORDER SETTING S/C AND ORDER TO REPORT FILED SMB 07/10/03 Waiver 02:29 WAIVER OF APPEARFINCE BY DEFT FILED SMB 07/10/03 Doc. Filed 02:35 REQUEST FOR DISCLOSURE 7.01 & 7.03 FILED SMB 07/16/03 Doc. Eiled 09:14 RULE 7.01 DISCL & MTN TO COMPEL DISCOVERY FILED MJC � 07/29/03 Hearing 01:30 D Lindman CH FTA S/C 7-29-03 JUDGE LINDMAN ISS SW BSA $4000 SMB 08J01/03 War=ant 11:22 D Lindman WT SENT TO SHERIFFS OFFICE THIS DATE SMB 08/12/03 Order 11:13 Administrative ORDER FOR BAIL/BOND FOREEITURE FILED MSL 08/12/03 Bail Forft 11:14 Administrative EORF $1006 GOLDBERG BOND, PWR #pGG-15839, NA 7/29. FC 11/7 TO REC FORF MONEY. BONDING CO, SURETY AND � AGENT NOTIFIED. MSL OS/21/03 War Retd 07:00 Administrative DFD ARRESTED ON WNT SET FOR CRT P•C _ OB/21/03 Hearing 08:30 M Dorn ADC PD CONT NG PLEA FC S/C 9/8/03 130 WHEELER NCO REMAINS IN EFFECT .PVT ATTNY DISCAGD BSA $1000 KC 08/21/03 Order 11:32 ORBER SETTING SLTTLEMENT/TMC & OTR DOMESTIC fCC 08/25/03 Bond 12:46 Administrative . $1000 GOLDBERG BOND, PWft #AGG-11108 POSTED 8/24 BY SCOTT GALVIN. CRT DTE ON BOND 9/8. MSL 08/27/03 Clerical 10:43 Administrative BOND REINSTATEMENT ORDER TO JD LI23DMAN. MSL 09/OS/03 Order 09:28 - Administrative SIGNED ORDER FOR REINSTATEMENT OF BOND FILED. IT IS ORDERED THAT $900 OF TIiE $1000 GOLDBERG BOND REINSTATED AND DISCHARGED. BOND CO NOTIFIED. MSL �9/08(03 P=e-sntORD 11:14 09/08/03 Doc. Filed 11:14 PLEA PETITION FILED - MISD CASE SAB _ 09/08/03 Plea Hrnq 01:30 S Wheeler CH PG AS CFiAR6ED - MISD DOM ASLT FC: PSI/SENT 11-6-03 9AM WAEELER - REINSTATE BOND #PGG-15839 PND DISCHARGE SAB 09/09/03 Clerical 10:13 Administrative � PER MOD REQ KEVIN LC Wf�EELER: THE EXTRA $100 ON TAIS BOND SHOULD BE REINSTATED AND BOND DISCAARGED SMB Next FC O1 02 03 04 06 10 � SD1019.0/051215:13170107 �1_�'l ' �tivity Summary �'' Cont. �P 62-TO-03-028900 Domestic Assault-TRF Date Piled: 06/11/2003 The State of Minnesota " vs. DARREL WILLIAM HENTON, fMCEJ�61�031 09/09/03 Bond Rvw 10:18 Adm.inistrative PER MOD REQIIEST, $100 THE REMAINING $100 FORFEITED GOLDBERG BOND IS REINSTATED AND DISCHARGED. BOND CO DiOT2FIED. MSL _ 11/06/03 Sentencing 09:00 S Wheeler CH $1000 BOND; 90DYS 6$1000 SS PB lYR CND;1)SV 8D/CR 8D;2) $50/FS;3)IITC PB/I�A; 4)CE/ChIP; 5)ABSTN; 6)IIA/BT; 7)DACNSG; 8)ANGER MGT;9)G2IMBLING ASSMT;10)FT JOB/SCHL;11)NC W/VICTM;PM 11/06/03 Bond Rvw 11:15 $1000 GOLDBERG GOLDBERG BOND-DISCAARGE BOND-DEFT SNTPM 11/06/03 Unp Fne Hg 11:17 J Owczynsky TO PAY $115.00 IN FULL ON OR BEFOI2E 12/12f03 30 11/06/03 Doc. Filed 11:23 FZLED PAYMENT AGREEMENT, ORDER FOR FINE AND APPLICATION FOR PAYMENT ARRANGEMENT5 JO 11/06/03,Closed 05:30 11/20/03 Doc. Filed 12:19 PROBATION AGREEMENT FILED MJC 12/02/03 Clerical 08:15 CHANGED SAR DATE SIN _ 12/10/03 Unp Fne Hg 12:37 J Owczynsky IN FOR EXT. GRANTED JUST GOT OUT OF WORKHOUSE 12/5/04T0 PAY $115.00 1/9/04 AND aAL 2/13/04 JO 12/10/03 Doc. Filed 12:40 FZLED NEW PAYMENT AGREEMENT, JO 12/10/03 Closed 05:00 02/02f04 Gle=ical 10:30 CHANGED SAR DATE SIN 03/12/04 Ref to MCE 08:4fl REFER TO MCE FOR NONPAYMENT SIN 09/24/04 Warrant 04:25 J Mott PV FILED; PO KEVIN JOHNSON; DEFT FT MAINT CONT W/PO ;FT MEET W/PO; FT APPEAR FOR DRIIG TEST; FT PROVIDE SAMPLE FOR DRUG TEST; FT MAINT FT EMPLOY; ET COMPLT DA CNSL MEU 09/29/04 War Retd 09:15 - Administrative DEF ARD ON WAR, SET PV HRG 9/30/04 9:00 J. WFiEELER BSA CUS KBW 09/29/04 Clerical 09:30 Administrative CORRECT CLR, ADV PV TO 9-29-OA 145 LEC� NO CHG CUS GNU _ 09/29/04 ProbVioHrg 01:45 S Wheeler LEC FC PV EiRG 9-30-04 9:07 WHEELER NO CHANGE IN COS STATIIS TMS _ 09/30/04 ProbVioHrg 09:07 S Wheeler CH ADMIT PV - 1)SRV 45DYS/CR 3 TSI: 10/11/04 @ 8AM RCCF EI,IG AI,L PRGMS - DISCHRGE FROM PO WHEN TIME SERVED ****DEF OR'D*** TH 09/30/04 Doc. Filed 11:15 PROBATION REFERRAL/WT OF COMMIT FILED . TH 09/30/04 Closed 05:30 QS/06f05 Archive 02:16 07/21/OS Doc. Filed 09:54 AMENDED WARRANT OF COMMITMENT - JUDGE WHEELER GRFINTRED E'CJI2LOUGH 7-27-OS 7AM TO 2PM TO ATTNED SISTER'S SURGERY - MUST PROVIDE VERIFICATION MEU �___________° Activities ______________________--- ---------- 04/01/07 Sp Acct Rv MCE (ARC 5-6-05) SIN Next Fr ni m na nc nF in Chapter 376. Tasicabs* Page 10 of 13 � 0 �� b. Such discounts may be given only to persons in one (1) or more of the following groups: _ 1. Senior citizens (age 55 or otdes}; 2. Persons with disabilities; and 3. Officers and employees of businesses tocated within tfie dty whose vofume use of taxicabs is significant. (3) No extra fare shall be charged by the owner or operators of such taxicabs for additional passengers. (b) Waiting Yime. Chargas for waiYing time sfiaft noY exceed the fo{towing: (1) For each hour of "waiting time at address," and "waiting time for engagement," twenty-one dollars (�22.00). (c) "Waiting time" defined. "Waiting time at address" is herein defined to mean the time beginning whe� a cab arrives at an address to which it has been called, and ending when it departs from such address. "Waiting time after engagemenY' 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) Nourlyrates. Nothing herein contained shali prevent any person from making an agreement with the operator of a taxicab to furnish transportation at a rate to be agreed upon between them for an hour, day, week, month or longer period, except that when furnished by the hour, the minimum rete shall be six dollars ($6.00), but the person with whom the operator of a taxicab makes such agreement shali not be permitted to hire out the vehicle to any other person. (e} Annua! review of fares and charges, The ficense inspector shafl, each caiendar year during the month of May, review the maximum allowable fares and charges fpr taxicab services to determine whether they sYiould be adjusted. If it is determined that sucfi fares and charges should be adjusted, the license inspector will make such recommendation to the city council. (COde 1956, §§ 154.01--154.04; Ord. No. 16982, 12-7-82; Ord. No. 16996, 2-3-83; Ord. No. 17467, § 1, 6- 18.87; O�d. No. 17838, § l, 6-4-91; Ord. No. 17881, § 5, i1-7-91; C.F. No. 94-199, § 15, 3-23-94; C.F. No. 97-870, £ 1, 8-13-97; C.F. No. 01-349, § 1, 5-2-OS) Sec. 376.15.12. Temporary fares and charges. Hou�1y rates. Nothing herein contained shall prevent any person from making an agreement with the operator of a taxicab to furnish transportation at a rate to be agreed upon between them for an hour, day, week, month or longer period. (C.F. 99-968, § l, 11-3-99; C.F. No. O1-349, § l, 5-2-01) Sec. 375.16. Taxicab driver's license. (a) License requi�ed. Effedive March 15, 1991, no person shall drive a taxicab, nor shaJl any owner or lessee of a taxicab allow any other person to drive a taxicab, within the City of Saint Paui unless that person has first obtained and displayed a taxicab driver's license under the provisions of this Code. (b) D�ivers from othe� cities. Any driver Iicensed to operate a taxicab in another city may carry passengers from that city to any ptace 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 driyer 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 otherntise operate a taxicab within the tity 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 shall have in possession and display to any person upon demand the license certificate for the taxicab. (c) License application. Every applicant for a taxicab driver's license shall file an application with the license division. The appfication shatf 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 chapYer 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 photogrephed. The chief of police or his representative shall investigate each applicant and shatl forward the results of the application to the Iicense inspector. Any false statement on the application shall be grounds for denial, refusai 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 320.09 (b} o( the Legislative Code. (e) Prerequisites to license. Eligibility to be licensed to operate a taxicab sha�l be as follows: (1) Possess a vatid Minnesota driver's ficense; (2) Be at least eighteen (18) years old; (3) Se a citizen of the United SCates, or an alien admitted for permanent residence, or who has otherwise obtained work authorization from the U.S. Immigretion and Naturalization Service; http://cvwcv.stpaul.�ov/code/1c376.html 7 /4/200fi Chapter 376. Taxicabs* Page 11 of 13 ;� n4' (4) Shall have no felony convictions in the Iast five (5) years; shall fiave no nontraffic gross misdemeanor or misdemeanor convictions in tfie last three (3) years involving the use or threat of use of force, possession or sale of a controiled substance, prostitution or indecent conduct. The license inspecCOr may grant, pursuant to state statute, an exception to the above provisions upon evidence that the offense is not related to the occupation of taxicab driver, (5) Shall have a driving record meeting the following standards: a. No wnvictions in the last five (5) years for any of the foNowing offenses invoiving injury or death; no conviction in the iast three (3) years for any oP the following offenses not invoNing injury or death: 1. Leaving the scene of an accident; 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 ability to drive or operate a motor vehide, or any combination thereof; _ 3. Driving with an alcohol concentration of .SO or more or driving with an alcohol concentration of .SO or more as measured within two hours of driving a motor vehicle; 4. Reckless driving; 5. Careless driving under circumstances from which a reasonabie person could draw the inference that the driving behavior was affected or influenced by the driver's use of alcohol, controfVed substances or hazardous substances affec[ing the driver's nervous system, brain or muscles of the person so as to substantialiy impalr the person's ability to drive or operate the motor vehicle; or 6. Refusal to take a breathalyzer test. b. No prior license revocation as defined in Minn. Stat., § 169.121, subdivision 3(a)(Z). 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 viofations shail mean for this subsection those violations specified above in subsection (5)a., and any speeding violations. d. Every new applicant shall have at least one (1) year's driving experience as a licensed driver. Such prior driving.experience sha{f be verified by an affidavit signed by a reputable perso� and submitted with the Iicense application. e. Upon submission of proof of suitability and evidence of insurability, the Iicense 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 o�ce of license, inspections and environmental protection. (6) Have a demonstreted knowledge of the provisions of the taxicab ordinance retating 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 previously completed the taxicab driver traini�g course, or as deemed necessary by the license inspector. shall have successfWly completed the taxicab driver training course as set forth in section 376.17. (fj Duty to exhibit license. Effective March 15, 1991, every [axicab driver while on duty sfiall disp{ay the front of his or her taxicab driver's license on the dashboard of the vehide in a location readily visibie 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 penatties, a deputy inspector or police o�cer may order the licensee to discontinue operations until such time as the licensee has a license 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 Iicensee, and such other information as the IiCense inspector may require. The license inspector may issue licenses for a term of Iess than one (i) year for a prorated initial fee in order to evenly distribute Iicense expiration dates throughout the year. (h) Requirement of valfd Minnesota driver's license. Any time that a licensee's Minnesota driver's license is suspended, revoked or canceled, his or fier taxicab driver`s license shall likewise be immediately suspended, revoked or cancefed. No person shaif operate a taxicab without a vafid Minnesota driver's Gcense. (i} Renewafs. A taxicab driver's license shatl be issued annualiy. 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 Legislative Code section 31Q.18. The driver shall make such renewal application upon a form to be furnished by the license division. The renewal form shall be fiited out with the fup aame and address of the applicant, together with the date and num6er of Yhe originai license. If a driver has not been licensed in the previous license year, he or she shall be considered a new http://www.stpaul.gov/code/Ic376.htm1 1/4/2006 � STATE OF NNVNNNESOTA ) ) ss. COiTNTY OF I2AMSEY ) � AFFIDAVIT OF SERVICE BY U.S. MAII. MEGfIAN McGIVERN, being first duly sworn, deposes and says that on December 20, 2005, she served the attached NOTICE OF INTENT TO DENY LICENSE Al'PLICATION by placing a true and conect copy thereof in an envelope addressed as follows: Darrel W. Henton 2033 Orange Avenue East St. Paul, MN 55119 (which is the last known address of said person) deposiring the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. �� � � L1 � � L. �� MEGIIAN McGIVERN Subscribed and sworn to before me this 20th day of December, 2005 Public � �►'�� � �:��- � _ ,„�;r y , 4 �� x . �� '�, � � �' '�p ' . � ���i F _:> �c "� f f: �. f _ � Page i of 1 Julie Kraus - Darrel Henton From: Rachel Gunderson To: Kraus, Julie Date: 12/30/2005 2:51 PM Subject: Darrel Henton This is a taxi driver. He stopped in this afternoon and requested a public hearing on the revocation of his license for the domestic assauft conviction. He'd fike to have the hearing asap. I told him we'd do what we could, but he's looking at sometime late in January. I told him we'd send him a letter. Thanks. file://C:�Documents and Settines�Kraus�L,ocal Settines\Temn\GW}Q0001 _HTM t/d/?nnF