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08-1389Council File # 08-1389 Green Sheet#3063855 CtTY Presented by 1 WHEREAS, adverse action was taken against the Tasicab Driver (Provisional) license application 2 submitted by Brian L. Dziubak (License ID#20080003408) for the City of Saint Paul, by Notice of Intent 3 to Deny License dated November 3, 2008, alleging licensee was convicted on May 11, 1999 of Felony lst 4 Degree Sale of Methamphetatnine in violation of Minn. Stat. § 152.021.13 and Saint Paul Legislative Code 5 §3'76.16 (e) (4); and 6 7 WIiEREAS, the licensee did respond to the Notice of Intent to Deny License to request a hearing 8 which was held on December 17, 2008; now, therefore, be it 9 10 RESOLVED, that the Taxicab Driver (Provisional) license application submitted by Brian L. 11 Dziubak is hereby denied. 12 Bostrom Carter Hatris Adopted by Council: Requested by Department o£ �•��-�- � B � �`-�.-�.. O4 .�-� . � r ✓ Form A roved by City Attomey By: I� c�.ilti,:e Ti�,w� Date f��/9�2i?i>-l� � Adoption Certified by Counc Secretary By� �d1> �r—.��rrrr ApprovedbyMayo Date ��Jc��2�aOd� BY� � C�a � /� d')71(0+! RESOLUTION PAUL, M{NNESOTA � (p Form App�r ed by ay or Subt 'ss' 1i to uncil By: j 08-1389 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet )epartmentlOfficelCouncil: Date Initiated: st _°ePt.ofSa�ri��s ; „_,,, o „- 0a I Green Sheet NO: 3063855 Contact Person & Phone: Rachel TiemeY 266-8710 Must Be on Com 17-DEC-08 Doc. Type: RESO WTION E-DowmentRequired: Y DocumentContact: JulieKraus ConWCt Phone: 266-8776 y i ° � t Assign Z Number 3 For RoutinQ I 4 Order ', 5 �'� � Total # of Signature Pages, ( All L ocations fo Signature) Action Requested: Approval of the attached resolution to take adverse action against the Taacicab Driver (Provisional) license applicarion submit[ed by Brian L. Dziubak (License ID#20080003908) for the City of Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contrects Must Answer the Following Questions: 1. Has this persoNfirm everworked under a contract for this department? Yes No 2. Has ihis person/firm ever been a city employee? Yes No 3. Does this person�rm possess a skill not normally possessed by any curzent city employee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee was convicted on May 11, 1999 of Felony 1 st Degree Sale of Methamphetamiue in violarion of Minn. Stat. Section 152.02113 and Saint Paul Legisla6ve Code Section 37616 (e) (4). After notification, licensee requested a public hearing. Advantages If Approved: License denial. DisadvaMages lf Approved: Disadvantages If Not Approved: Total Amount of Trensadion: Funding Source: Financiallnfortnation: (E�cplain) CostlRevenue Budgeted: Activity Number: November 17, 2008 237 PM Page 1 UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Date: Brian L. Dziubak 924 Beech Street St. Paul, MN 55106 Wednesday, December 17, 2008 @ 5:30 p.m. D�i3s'� Violafion: Licensee was convicted on May 11,1999, of Felony lst Degree Sale of Methamphetamine in violation of Minn. Stat. §152.021.13 and Saint Paul Legislative Code §376/16 (e) (4). Dates of Violation: October 14,1998 Recommendation of Assistant City Attorney on behalf of client, Department of Safety and Inspections: Denial of License Attachments: 1. Proposed resolution 2. Copies of ECLIPS screens dated 10/27/08 3. Taxicab Driver License Application dated 10/16/08 4. Copy of Minnesota Driver's license 5. Register of Actions Report from MNCIS System dated 10/28/08 6. Notice of Intent to Deny License with Affidavit of Service dated 11/3/08 7. Letter from licensee requesting a public hearing dated 11/13/08 8. 2008 Minnesota Statutes §364.09 (2) dated 10/30/08 9. Saint Paul Legislative Code §376.16 (e) (4) SAINT PAUL � AAAII CITY OF SAINT PAUL Chnstopher8. Coleman, Mayor November 20, 2008 O�i3�� OFFICE OF THE CITY ATTORNEY John Choi, CityAttomey Civil Division 400 Cify Hall 7e/epAone: 657 26fr8710 15 Facsimile: 651298-5619 SaintPaul, Minnesop 55102 NOTICE OF COUNCIL HEARING Brian L. Dziubak 924 Beech Street St. Paul, MN 55106 RE: Taxicab Driver (Provisional) license application submitted by Brian L. Dziubak for the City of Saint Paui License ID #: 20080003908 Dear Mr. Dziubak: Piease take norice that this matter has been set on the Public Hearing Agenda for the City Council meeting scheduled for Wednesday, December 17, 2008 at 5:30 p.m., in the City Council Chambers, Third Floor, Saint Paui City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other docuxnents which will be presented to the City Council for their considerarion. This is an uncontested matter conceming the fact that you were convicted on May 11, 1999 of Felony 1 s` Degree Sa1e of Methamnhetamine in violation of Minn. Stat. § 152.021.13 and Saint Paul Legislative Code §376.16 (e) (4). 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 for this violation is denial of your license. If there is anv information vou would like Citv Council to review nrior to the nublic hearine I will need to receive it no later than Mondav, December 8, 2008. Very truly yours, � �.(�A�K. I � Rachel Tierney Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI �/Ivlary Erickson, Council Secretary AA-ADA-EEO Employer License Group Comments Text Licensee: gRIAN L DZIUBAK �BA� BRIAN L OZIUBAK License #: y00800039U8 O�' ,c3s'y ,0,2�,2008 10/27/08 To CAO for review of cnminal history. RWJ Licensee Name: RIAN L DZILIBAI( DBA: Sales Tax Id: Find Now OF( i C anc e l j Ne Se�rch j Help 3 � New Group... � New Temp Grp,.. Copy Group... Add License... Properties... � License #( Tag # � Licensee Name ___� DBA ( License Type � Status Address Licensee � Corrtact � License � Cardholder i I ? /la'-i�� ,� y 9 Pa��y � P�'mft � . , � j � License ; Licensee � Lic. Types } Insurance � 3� Praperty �� Licensee ?`- Unofficial ! Street #: 24 i f Street Name: EECH i Street Type: �T -- pirection: j� i Unit Ind: � Unit #: �� ' City: T PAUL � SYate: I MN Zip: 155 06 Licensee RIAN L DZIUBAK DBA RIAN L DZIUBAK � Bond � Requirements j � Praject Facilitator: SOLEY, REID � j Adverse Action Commerrts i� �� i License Graup Commerrts: i ;� Of�7l08 To CAO for review of criminal history. R'JVJ � I� I Licensee: �RIAN L DZIUBAI{ Licensee DBA: RIAN L DIIUBAK Commer�s: � Sa Tax Id: � Bus Phone:� 3 License Type Class Effective Expiration Taxicab Driver (Prouisional) R 10l16f2008 01l76C2009 T�1: Li�ense ?? �80003908 Save Changes to History � '":,. 4 Conditions License Fea N $40.00 ��.0� Cancel � Help License Licensee � Lic. Types i Insurance 1 Bond � Requiremer�s � Licensee Name: �RIAN L DZIUBA44 , DBA: RIAN L DZIUBAli Sales Tax Id: �— i Non-Profit: � dt+arker's Comp: �O�N4N�00 AA Cor�tract Rec'd: ONON000 Af� Training Rec'd: ONON000 AA Fee Collacted: j00N01000� Discourrt ReCd: i Other Name ! License for this Licensee ae Active inactiwe dl Backgrourrd Check Required �` Properties... Financial Hoid Reasons License # Expiration � Reason �� Active Date � Last Name � First Name -�Mail License To: Titie Bus. Phone i�; Mail To Cor�tac _ _ _ _ . - ------ -- i 1 �' License Addre Mail Invoice To: - � Mail To Contac �, � License Addre Cordact Properties... Li�ens� ?� �8�003908 Save Changes to History � I OK � Cancei � Help Licensee DBA ; ucense Type: 3Taxicab Driver (Provisional) T � Effective: �t �ti 8 Expiration: , 1 M 6l2009 � Apply DiscourR: ( Remove Discaunt: j DiscauM Rec'd: � Replace Fee: ? # of Units: j� � Name Name Tag #: � p Fields ' _IV'e'vi+" `_E" = . � d�r.3�� RIAN L D�IUB,4K ftIAN L DZIUBAt{ � Requiremerits � License Class: � Status: �ending Status Changed: QM 612008 App D 0 J16C 2 008 Phane # Add Remove Trade Type � Card # Card Type Expiratian � Add Masi Remov_e CN/NIN License Type CommeMs(IongJ: License ?� �780003908 Save Changes to History _. :�` � 1 of 7 Olt � Cancel� Help License � Licensee Lic. Types � Insurance � Bond ; /��-�..3�� License ; Licensee � Lic. Types i Insurance � Bond Requiremer�ts j � t , License 7ype: axica6 Driver (Provisianal) Add � delete �K Requiremer�t ,�1 Copy of State of MN Dri�er License �license ApplicationlRffidavit � App{ioarR Photo Record Check - Driuing License Group Conditians: Approval 10116l2008 HL 10/16f2��S HL 10M6t2008 HL ooroo�naoo N °�� p 1of1 Li�e�tise � save Changes to History Rpproved By Conditions N N N Cancel Help TAXICAB DRIVER LICENSE APPLICATION THIS APPLICATION IS SUBJECT TO REVIEW BY THE PUBLIC PLEASE TYPE OR PRINT IN INK Applicant Information O�i.3�y CITY O� Department o Saf �a kt 8 F St. E, rte �00 SamtPaul,Mitme ta 55101-1026 (65 q 2G6-9090 F (651) 26697^5 wen: � tiroaute .iat� Name and Title: g Y� c, r Lc S �� L ��b �, �� F�nt Middle (Maiden) Lact Title Home Address: c 1 �` 3 e c �- �-- S \ r`t Y�I 5 S � o[ Stree[ (N. Name.'iype D'uection) City State Z�p+4 Mail To Address (if different than home address): SVee[ (7k, Name, Type Direction) Gty State Zip+4 Home Phone: ( � f� ) 315- 2Ga3 Date of Birth: �/'� /�� Place of Birth: 5 �'• �� I ✓`� `'� Yaasa,aycto3oq Driver's License #: 17 =�•1'� - 6 `i'S S// —y � 0 Expiration Date: � � - � `� - �O )G Name and Address of cab company you will be driving for: (� � a� a n� Do you own or lease the cab you drive� � D�� e� What is the lease rate you pay to operate the Gab� �� $ �1��(�'P �� ) y [� 7. o � Cs �nd�y Previous residence (past 5 pears) Date Street address City County State Zip Code �� -. s+.e��\ ��.�,s� ,��' ��iU� , �. } '� f : . f i' �•a � J�-i�s ANY FALSIFICATION OF E,_.SWERS GI4Ef�T OK MATERIAL SUn_.1ITTED WILL RESULT IN DENIAL OF THIS APPLICATION I hereby state that I have answered all of the preceding quesaons and that the information contained herein is true and correct to rhe best of my lmowledge and belief. I hereby authorize the Saint Paul Police Department to use the information I have provided to check criminal histories, arrest records, and wamant information; and for the Police Department to provide these records to the Department of Safety and Inspections (DSI) to determine my eligibility for a taxicab driver license. I understand that the information contained in the criminai background investigation is confidential, except that it may be conveyed to other law enforcement or licensing agencies. I also hereby state that I have read and understand the mles and regulations set forth in Chapter 376.16 (Taxicab Drivar's License of the Saint Paul L,egislative Code) and Chapter 376.17 (Taxicab Driver Training Cotuse of che Saint Paul Legislative Code}. ,, Signature (REQIJII2ED for all applications) � Date All applicants must present the following documents at time of application: x�,.m viwzan Valid State of Minnesota Driver's License For drivers wl�o have been licensed out of staCe in the last five (5) years: you mus[ provide an official copy of your driving record for the last 5 yeazs from the Deparunent(s) of Transportation in the state(s) in which you were licensed. PreFerred methods o[ communicario� from this of£ice (please rank in order of preference - Al" is most pmferred): V Phone Number with area code: � 5 � , 3��-a 6�,3 Extension (Carcle the ty�e of phrn�e number you have listed above�: _ Phone Number with azea code: (G�de the type of phove numhu yw have listed'above): `� MaIl: 9 a�l 3 GC.G�" S � - . Business Home Business Home Street (#, Name, Type, Direction) `t ��{ CSc��S- Ciry S�.Qa� � � Intesnet: . E-MaIlAddress �✓`•5-^ �t'� ljo-)C �9 L:vti.�am Pager Pager State t�1U�1 Zip+4 55!!i� Cost, payable ai the time of application: $40.00 for the ticense fee for a period of one year. There will be an additional cost for [he required training classes, payable direcfly to Hennepin Technical College, which provides the instruction. Note: A copy o[ the Hudsod5 Twu� Citv Street Atts is required for the taxicab driver training cou�se. We will aceept payment by cash� check (made payable to City of Saint Paul) or approved credit card. PAYING BY CREDIT CARD PLEASE COMPLETE THE FOLLOWING INFORMATION: PIRATION DATE: ACCOUN'T NUMBER: /❑ ❑❑❑❑ ❑❑❑ ❑❑❑❑ ❑❑❑❑ of Cazd Holder Cell Fax Exte Cell Far Date of Ds' �.�� , ! I � ' � � Y2 2522q_ s � � � _�- �RIVER:S � �. BR1AN LES ST p EEC �� AUL. MN 5; s zeo�e;� h as � HMsne `s.i BRN _ ,. 5g Wei9ht w: /Sg Z00 QG °E � 09-2ppg `z: �.,� � L� Page 1 of 2 l�8-/�� lo�outSearcn t�:enu Piev; Crimir,aitTrafic�ztry Searofi Back REGISTER OF ACTIONS CnsE No. 62-K8-98-002643 The Shte of Minnesota vs. BRIAN LESLIE DZIUBAK, [UNCI10147998] Locztion - All h:,NC15 S¢es - Case Search Heip Case Type: Felonv � Date Filed: /76N998 Ramsey Location. CriminaVfraffiGPeriy Downtown PARTY INFORMA'CION Lead Attomeys Defentlant DZIUBAK, BRIAN LESLIE Male ROTHSTERGER, RICHARI LAKE ELMO, MN 55042 06/04/1972 Retained Jurisdiction SWte of Minnesota CHARGEINFORMATION Charges: DZIUBAK, BRIAN LESLIE 1. SA�E AMPHET/METH 1 ST DEG (Not applicable - GOC) DISPOSITIONS , Plea (Judicial Officer: Judge, Presidingj 1. SALE AMPHET/METH 1 ST DEG (Not applicable - GOC) Guilry EVENT$ Rc ORDERS OF THE COURT 1�/16/t998 05/11N 999 05/11/1999 Disposition (Judicial Officer: Judge, Presiding) 1. SALE AMPHET/METH 1ST DEG (Not applicable - GOC) Convicted Sptute Level Date 152 021.13 Converted: Offense L40/14/1998 Corr. - St. Paul C/C 122M05 (MIN H1 1/3MOS - MAX 40 2/3MOS) CRD 183DY5 6$50 FROM PRISOIS EARNINGS; COMMIT FROM COURT; PM Converted TCIS Criminal Sentence (Judicial Officer: Wilson, Edward) t. SALEAMPHETMIETHISTDEG(NOtapplicable-GOC) Converted Disposition: Pronounced: 10 Years Pxonounced: 2 Months Confinement NCIC: MN062015C - Mn. Dept. of Converted Disposition: Fined: $50.00 Converted Disposition: Other Court Provisions: 365: Credit w/time Srvd 338: Fine and/or Costs Converted Disposition: Comments: OTHER EVENTS AND HEARINGS 10/16/1998 1stAppearence District Court (121 PM) (Judicial OFficer Wilson, Edward) Result: Converted Activity Status Flag Occurred 10/16/1998 DOC-DOCUment Filed 10/16/1998 FLD-Case Filed 10/16/1998 WAR-Warrant Issued 10/16/1998 WRC-Recall Warrant 11/20l1998 TSC-TranscriptFiled 72/08/1998 Hearing (9:00 AM) (Judicial Officer Wilson, Edward) Result Converted Activity Status Flag Occurred 1Z08/1998 CANCELED Sentencing (9:00 AM) (Judicial Officer Wilson, Edward) Other 12/17/�998 WAR-Warrentlssued 04/12/1999 WRD-Warrant Returned 04/13/1999 Hearing (9'00 AM) (Judicial Officer Wilson, Edward) http://pa.courts.state.mn.us/CaseDetail.aspx?CaseID=672337070 10/28/2008 Page 2 of 2 O�/.3�s 04/'13l1999 04/20/1999 04/27/1999 04/27/1999 D4/27/1999 04/27/1999 OS/04/1999 05704/1999 05/04/1999 osioai� sss O5l04J1999 OS/04f1999 OS/11/1999 05/11/1999 OSl1l/1999 05/11/'1999 07/11 /1999 08/09/1999 OS/10/1999 08/12/1999 09/10/1999 03/27/2000 j 05/25/2000 06/15/2000 �� 07/07/2000 08/23/2000 0971 5/2 0 0 0 12/22/2004 04/O6/2007 Result: Converted Activity Status Flag Occurred CRNCELED Sentencing (9:02 AM) (dudlcial OEficer Wilsoq Etlwartl) Other CANCELED Sentencing (9:OOAM) (Judicial Officer Wiisoq Edward) Other Hearing (9:0� AM) (.ludicial Officer Wilsoq Edward) Result Converted Activity Status Flag Occurred MTN-MOtion Filed MTN-MOtion Filed CANCELED Sentencing (9:00 AM) (Judicial Officer Wifson, Edward) Other CRP-Certificate of Representation Hearing (9:00 AM) (Judicial Officer Wilsoq Edward) Result Converted Activity Status Flag Occurzed Hearing (9:00 AM) (Judicial Officer Wilson, Edward) ResulY Converted Adivity Status Flag Occurred Hearing (9:00 AM) (JUdicial Officer Wilson, Edward) Result Converted Activity Status Flag Occurred Hearing (9:00 AM) (Judicial Offlcer Wilson, Edward) Result: Converted Activity SWtus Flag Occurted Hearing (9:00 AM) (Judicial Officer Wilson, Edward) 2esult: Converted Activity Status Flag Occurred �ANCELED SeMencing (9:00 AM) (Judicial Officer Wdson, Edward) Other AUD-Pass to Auditor CLO-Closed PSI-Pre-Sentence Investigation Sentencing (9:00 AM) (Judicial Officer Wilson, Edward) Result: Converted Activity Status Flag Occurred ARC-Archive TSGTranscript Filed DOC-Document Filed DOC-Document Filed ARC-Archive DOC-Document Filed ORD-Order DOC-Document Filed PIF-Paid in Full Converted Pending Activity I']NANCIALINFORMATION Defend ant DZIUBAK, BRIAN LESLIE T otal Financial Assessment T otal Payments and Credits Bal ance Due as of t0i2812008 O6/16/1999 T ransaction Assessment 08/23l2000 Converted P ayment Receipt # 00855973 NO NAME AVAILABLE 50.00 50.00 0.00 50.00 (50.00) http://pa.courts.state.mn.us/CaseDetail.aspx?CaseID=672337070 10(28l2008 O�-�jr�� SAINS PAU L � AAAR CITY OF SAINT PAUL ChristopherB. Co/eman, Mayor OFFICE OF THE CITY ATTORNEY John J. Choi, CityAttomey Te/ephone: 65l 2668710 Facsimile: 65f 29�5619 November 3, 2008 Civil Division 400 City Hell 15 West Kel/ogg Blvd. Saint Paul, Minnesofa SS102 NOTICE OF INTENT TO DENY LICENSE Brian L. Dziubak 924 Beech Street St. Paul, MN 55106 RE: Taaticab Driver (Provisional) license application submitted by Brian L. Dziubak for the City of Saint Paul License ID#: 20080003908 Dear Mr. Dziubak: The Deparhnent of Safety and Inspections has recommended denial of the Taacicab Driver (Provisional) license application submitted by Brian L. Dziubak for the City of Saint Paul. The basis for the recommendation is as follows: On May 11, 1999 you were convicted of Felony l Degree Sale of Methamphetamine (Minn. Stat. §152.021.13) in Ramsey County. You were released from prison on July 31, 2008 and are currently under supervised probation until your custody expires on January 27, 2009. This is a violation of Saint Paul Legislative Code §376.16 (e) (4) which states: "Eligibility to be licensed to operate a taxicab shall be as follows: Shall not be under sentence or have been discharged from sentence for a felony conviction within the ten (10) years immediately preceding application of a license for the following offenses:.......or any violation of the controlled substance law (§I52 el al) which is punishable by a maximum sentience offifteen (IS) years or more; as allowed underMinn. Stat �364.09." AA-ADA-EEO Employer �� s Brian L. Dziubak November 3, 2008 Page 2 At this time you have three options on how to proceed: 1. You may withdraw your license applicarion. Send a written statement to that effect to the Deparhnent of Safety and Inspections, 375 Jackson Street, Ste 220, St. Paul, Minnesota 55101- 1806 no later than Thursday, November 13, 2008. 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 DSI. 2. If you wish admit the facts but contest the denial, you may 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 heazing. We will need to receive your letter by Thursday, November 13, 2008. The matter will then be scheduled before the City Council for a public hearing to determine whether to deny your license. You will have an opportunity to appeaz before the Council and make a statement on your own behalf. If you dispute the above facts, you can request a heazing before an Administrative Law Judge. At that hearing both you and the City will be able to appeaz and present witnesses, evidence and cross-examine the other's wiMesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please let me know by Thursday, November 13, 2008, and I will take the necessary steps to schedule the administrative hearing. If you have not contacted me by that date, I wilt assume that you do not contest the denial of your license. In that case, the matter will be placed on the Council's Consent Agenda for approval of the recommended penalty. Sincerely, 2 Gt V �� Rachel Tiemey Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI Rich Jents, DSI STATE OF MINNESOT"1 � ss. COUNTY OF RAMSEY ) AFF'IDAVIT OF Si_. VICE BY U.S. MAIL ��-�3�9 Julie Kraus, being first duly swom, deposes and says that on the 3 day of November, she served the attached NOTICE OF INTENT TO DENY LICENSE by placing a true and correct copy thereof in an envelope addressed as follows: Brian L. Dziubak 924 Beech Street St. Paul, MN 55106 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. � . / 4 1� + � mw Julie Kraus Subscribed and sworn to before me this 3` day ofNovember, 2008 ,i��-✓� ,i'�I , .r� � N�lic RITA M. BOSSARD NOTARV PUBLIC. M�N�SOTA MY COMMISSION EXPIRES JAN 31, 20 f 0 D8-i3�s November 13, 2008 Rachel Tierney Assistant City Attorney Civil Division 400 City Hall 15 West Kellogg Blvd St. Paul, MN 55102 Dear Rachel Tierney, _- ��ti�7�� FE�` - �`LJ� r � )/L � F�� L' ��1.`-Ji ��.0 U` L t' I would like to request a public hearing in front of the Saint Paul City Council to appeal my denial for a Tasi Cab license. I do have a job lined up through Diamond Cab Company once I get my license approved. My criminal record incident was ten years ago. I need to work in order to be in accordance with my parole obligations and to be a productive member of the community. Sincerely, _ °'i�.�, �� Brain Dziubak 924 Beech Street St. Paul, MN 55106 651-315-2623 364.09, 2008 Minnesota Statutes Page 1 of i ��-�.3�� 2008 Minnesota Statutes 364.09 EXC'EPTIONS. (a) This chapter does not apply to the licensing process for peace officers; to law enforcement agencies as defined in section 626.84, subdivision 1, pazagraph (fl; to fue protection agencies; to eligibility for a private detecrive or protective agent license; to the licensing and background study process under chapters 245A and 245C; to eligibility for school bus driver endorsements; to eligibility for special transportation service endorsements; to eligibility for a commercial driver training instructor license, which is governed by section 17135 and rules adopted under that section; to emergency medical services personnel, or to the licensing by political subdivisions of taxicab drivers, if the applicant far the license has been discharged from sentence for a conviction within the ten yeazs immediately preceding application of a violarion of any of the following: (1) secfions 609.185 to 609.21, 609.221 to 609.223, 609342 to 6093451, or 617.23, subdivision 2 or 3; (2) any provision of chapter 152 that is punishable by a maximum sentence of 15 years or more; or (3) a violation of chapter 169 or 169A involving driving under the influence, leaving the scene of an accident, or reckless or cazeless driving. This chapter also shall not apply to eligibility for juvenile corrections employment, where the offense involved child physical or sexual abuse or criminal sexual conduct. (b) This chapter does not apply to a school district or to eligibility for a license issued or renewed by the Board of Teaching or the commissioner of education. (c) Nothing in this section precludes the Minnesota Police and Peace Officers Training Board or the state fire mazshal from recommending policies set forth in this chapter to the attorney general for adoption in the attorney general's discretion to apply to law enforcement or fire protection agencies. (d) This chapter does not apply to a license to practice medicine that has been denied or revoked by the Board of Medical Practice pursuant to section 147.091, subdivision 1 a. History: 1974 c 298 s 9; 1983 c 304 s 5,- 1986 c 444,- 1Sp1986 c i art 9 s 28,- 1987 c 378 s 16; 1989 c 85 s 1; 1989 c 171 s 8; 1989 c 290 art 8 s 2,- 1990 c 542 s 16; 1991 c 265 art 9 s 69; 1992 c 499 art 8 s 24; 1992 c 578 s 54; 1993 c 159 s 1; 1995 c 18 s 12; 1995 c 226 art 3 s 45,- 1997 c 248 s 44; ISpi997 c 2 s 58; 1998 c 398 art 5 s 55; 1999 c 191 s 1; 2000 c 4'78 art 2 s 7; 2001 c 144 s 1; 2003 c 15 art 1 s 33; 2003 c 130 s 12; 2005 c10art2s4 https://webrhl2.revisar.leg.state.mn.us/statutes/?id=364.09 10/30/2008 Chapter 376. Ta�cabs* Sec. 376.16. Taxicab driver's license. ��-/,3�9 Page 1 of 4 (a) License required. Effective March 15, 1991, no person shail drive a taxicab, nor shall any owner or lessee of a taxicab allow any other person to drive a taxicab, within the city unless that person has first obtained and displayed a taxicab drivers license under the provisions of this Code. (b) Drivers from other cities. Any driver licensed to operate a taxicab in another city may carry passengers from that city to any place within the city 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 city license, but the driver shall not be permitted to accept or offer any passenger for hire in the city, or otherwise operate a taxicab within the city 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 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 department of safety and inspections. The application shall be made on a form provided by said division, containing such information as the license inspector may require, inciuding, 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 appiicant. Prior to the issuance of the license, every Iicensee shall be photographed. The chief of police or his representative shall investigate each applicant and shall forward the resuits of the application to the license 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 310.09(b) of the Legislative Code. (e) Prerequisites to license. Eligibility to be licensed to operate a taxicab shall be as foilows: (1) Possess a valid Minnesota or Wisconsin driver's license; (2) Be at least eighteen (18) years old; (3) Be a citizen of the United States, or an afien admitted for permanent residence, or who has otherwise obtained work authorization from the U.S. Immigration and Naturalization Service; (4) Shall not be under sentence or have been discharged from sentence for a felony conviction within the ten (10) years immediately preceding application for a license for the following offenses: Murder (Minn. Stat. §§609.185 to 609.195), manslaughter (§§ 609.20 to 609.205), criminai vehicular homicide and injury (§ 609.21), assault I--III (§§ 609.221 to 609.223), criminal sexual conduct (§§ 609.342 to 609.3451), indecent conduct (§ 617.23, subd. 2 or 3); or any violation of the controlled substance law (§ 152 et al) which is punishable by a maximum sentence of fifteen (15) years or more; as allowed under Minn. Stat. § 364.09. a. The licensee shall not be under sentence or have been discharged from sentence for any felony conviction within the five (5) years immediately preceding application for a license, and shail not be under sentence or have been discharged from sentence for any non-tra�c gross misdemeanor or non-traffic misdemeanor conviction within the three (3) years immediately preceding application for a license. b. The license inspector may grant, pursuant to Minn. Stat. § 364.03, an exception to paragraph a. upon evidence that either the offense is not related to the occupation of taxicab driver, or upon evidence of rehabilitation. http://library3.municode.com/4472/DocView/10061/1/316/383 10/30/2008