08-426Council File # �$��t",'(y
Green Sheet # (��5� a S j
Presented by
CITY
RESOLUTION
PAUL, MINNESOTA
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1 WHEREAS, adverse action was taken against the Taxicab Driver (Provisional) license application
2 submitted by Mia Monique Isaac (License ID#20080000417) far the City of Saint Paul, by Notice of
3 Intent to Deny License dated Mazch 18, 2008, alieging licensee was sentenced on June 22, 2007 for Felony
4 Assault — 3 Degree, in violation of Saint Paul Legislative Code §376.16(e)(4) (a); and
5
6 WHEREAS, the Notice of Intent to Deny License stated that if the licensee failed to contest the
7 allegation by March 28, 2008, that the matter would be placed on the consent agenda to impose the
8 recommended penalty; now, therefore, be it
9
10 RESOLVED, that the Tasicab Driver (Provisional) license application submitted by Mia Monique
11 Isaac is hereby denied.
12
Bostrom
Carter
Harris
Helgen
Yeas
Requested by Department o£
Adopted by Council: Date
✓
Adoption Certified by Council Secretary
BY� i� /l v��h
Approved �1G y6f: Date � ',�— � �
BY' �'v-- ---f
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Fo roved by City Attorney
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Form p rov by ar f is 'o to C uncil
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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$� - DeptofSafery&Inspections I 70.APR-08
Contad Person g phone:
Rachel Tiemey
266-8710
23APR-08
Doc. RESOLUTION
E-DOCUment Required: Y
Document CoMact: JWie Kraus
Contact Phone: 266-8776
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Assign
Mumber
For
Routing
Order
Totaf # of Signature Pages _(qip All Locations for Signature)
Green Sheet NO: 3052253
0 �epLOfSafetp&Iaspectious
1 e t ofSafe & I�ections Departmevt Direc[or I
2 ' Attorne
3 �ar's Office _ _ Mayor/Assistant
4 ouncH j
5 " C1eck Ci Clerk
Approval of the attached resolurion to take adverse action against the Ta:cicab (Provisional) license applicarion submitted by Mia
Monique Isaac (License ID#2008000041'n for the City of Saint Paul.
Planning Commission
CIB Committee
Civil Service Commission
1. Has this person(fum ever worked under a cortract for this department?
Yes No
2. Has this personffirm 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 separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee was sentenced on June 22, 2007, for Felony Assauk - 3Ld Degree in violation of Saint Paul Legislaqve Code Section 376.16
(e) (4) (a). After notification licensee failed to iespond to the Notice of Intent to Deny License.
AdvanWges If Approved:
License denial.
Disadvantages If Approvetl:
Disadvantages If Not Approved:
Sransacfion:
Funding Source:
Financial lnformation:
(Explain)
CostlRevenue Budgeted:
Acttvity Number:
April 11, 2008 9:37 AM Page 1
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P"v� CITY OF SAINT PAUL
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Mazch 18, 2008
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OFFICE OP THE CITY ATTORNEY
John J choi, CiryAnomey
cMin�n
400CityHa[Z Telephove:651266�8710
25Y✓estKeIIoggBivd Facs'mei7e:65129&5619
SairuPau{ Mi�mesota SSIO2
NOTICE OF INTENT TO AENY LICENSE
Mia Moni�ue Isaac
1563 —11 Avenue, Apt. #1
Newport, MN 55055
RE: Taxicab Driver (Provisional) license application submitted by Mia Monique Isaac far
the City of Saint Pau1
LicenselD #:20080000417
Dear Ms. Isaac:
The Department of Safety and Inspections (DSn has recommended denial ofthe Taxicab Driver
(Provisional) license application submitted by Mia Monique Isaac for the City of Saint Paul
The basis for the recommendation is as follows:
On May 9, 2007, you pled guilty as amended to Felony Assault 3` Degree
— Substantial Bodily Harm and were subsequentiy sentenced on June 22,
2007. This is a violarion of Saint Paul Legislative Code §376.16 (e) (4) (a)
which states: "Eligdbidity fo be licensed to operate a taxicab shall be as
follows: the licensee shall not be under sentence or have been discharged
jrom sentence for any felony conviction within the five (S) years
immediately preceding application for a license...."
At tbis time, you have three options on how to proceed:
If you wish fo admit the facts but contest the penalty, 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 hearing. We will need to receive your letter by Friday, March 28, 2008.
The matter will then be scheduled befare the City Council for a public hearing to determine
whether to deny your license. Xou will have an opportutiity to appear before the Council and
make a statement on your own behalf.
�
Mia Monique Isaac
March 18, 2008
Page 2
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2. If you dispute the above facts, or wish to present evidence that tfie conviction is not related to
your license as a taxicab driver, or that you have been rehabilitated putsuant to Miun. Stat.
§364.01 et seq, a hearing will be scheduled before an Administrative Law 7udge. At that hearing
both you and the Ciry wiil be abie to appeaz and present witnesses, evidence and cross-examine
the other's witnesses. The St. Paul City Council will ultimately decide the case. If this is your
choice, p�ease advise me by letter no later than Friday, March 28, 2008.
3. You may withdraw your license application. Send a written statement to that effect to the
Depat�tment of Safety and Inspections (DSn, 8 Fourth Street East, Suite 200, St. Paul, Minnesota
55101-1002 no later than Friday, March 28, 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 the Department of Safety and Tnspections.
If you have not contacted me by that date, I will assume that you do not contest the denial
of your license. In that case, the mafter will be placed on the Council's Consent Agenda for
approval of the recommended penalty.
If you haue questions about these options, please feel free to contact me at 266-8710.
Sincerely,
c ;��
Rachel Tierney L �
Assistant City Attorney
cc: Christine Rozek, Deputy Duector of DSI
STATE OF NIINNESO'�`�
) ss.
COUNTY OF RAMSEY )
D8'�a' �
Julie Kraus, being first duly sworn, deposes and says that on the 18�' day of Mazch, she
served the attached NOTICE OF INTENT TO DENY LICENSE by piacing a true and correct
copy thereof in an envelope addressed as follows:
Mia Moni�ue Isaac
1563 —11 Avenue, Apt. #1
Newport, MN 55055
(which is the last Irnown address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
Julie Kraus
Subscribed and swom to before me
this 18�' day March, 2008
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Notary P�uU ' cil ----T
AFFIDAVIT OF S�.vICE B'Y U.S. MAII.
RITA IN. BOSSARD
►DUR/ PI�LIC • M INNESOTA
MfY COMIy9SSION
D(P1RES JAN. 31, 2 0 1 D
Chapter 376. Taxicabs* Page 1 of 3
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08' �2- l�
Sec. 376,16. Taxicab driver's license.
(a) license required. Effective March 15, 1991, no person shall drive a taxicab, nor shail any owner or lessee
of a taxicab allow any other person to drive a taxicab, within the city unless that person has fint obtained
and displayed a taxicab driver's ticense under the provis+ons oY this Code.
(b) D�ive�s f�om other cities. My driver Iicensed to operate a taxicab in another city may carry passengers
from that city to any pface 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 ticense, 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 Iicense under the provisions of this Code. While within the city, the
taxicab driver shal! be required to observe alV of the appficabfe regulations and conditions of this section and
shall have in possession and display to any person upon demand the license cerlificate for the taxicab.
(c) License app/ication. 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 Iicense inspector may require, including, but not limited to, a complete
employment history, to verify that the terms and conditions of this chapter have been met. The application
shall be signed and swom to by the applicant. Prior to the issuance of the license, every licensee shali be
photographed. The chief of police or his representative shall investigate each applicant and shall forward Che
results of the application to the license inspector. Any false statement on the application shall be grounds for
denial, refusal to renew or revocation of a license.
(d) License fee. The fee required for a licertse shali be established by ordinance as specified in section 310.09
(b) of the Legislative Code.
(e) P�erequisites to license. Eligibility to be licensed to operate a taxicab shall be as foliows:
(i) 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 alien admitted for permanent residence, or who has othenvise
obtained work authorization from the U.S. Immigradon and Naturalization Service;
(4) Shail not be under sentence or have been discharged from sentence for a felony conviction within the ten
(SO) years immediately preceding application for a license for the foflowing offenses: Murder (Minn. Stat.
§§609.185 to 609.195), mans{aughter (§§ 609.20 to 609.205), criminat 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 conkrolled substance law (§ 152 et aI) 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 felo�y conviction
within the five (5) years immediately preceding application for a license, and shall not be under sentence or
have been discharged from sentence for any non-traffic 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
rehabilitatlon.
c. A person holding a license on the effective date of this sectfon (]uly 14, Z�06) wi(I be disqualified from
license renewal only for convictions that occur after the effective date of this section. However, no licensee
will be eligible for renewai if the licensee has any feiony convictions in the five (5) years preceding renewal;
or any nontra�c gross misdemeanor or misdemeanor convictions in the three (3) years preceding renewal
involving the use or threat of use of force, possession or sale of a controlled substance, prostitution or
indecent cond�d.
(5) Shall have a driving record meeting the following standards:
a. No convictions in the last ten (10) years for any of the following offenses imolving in}ury or death; no
conviction in the last three (3) years for any of the following offenses not involving injury or death:
1. Leaving the scene of an accident under Minn. Stat. 609.21, or 169.09, or similar Iaw of another state or
Minnesota Iaw as amended;
2. Driving whiie impaired undec Minn. Stat. § 169AZ0, subd.l, or similar law of another state or Minnesota
law as amended.
3. Misdemeanor Reckless Driving under Minn. Stat. § 169.13, subd. 1, or similar law of another state or
Minnesota law as amended;
4. Refusal to submit to a chemical test under Minn. Stat. § 169A.20, subd. 2.
5. A person holding a license on the effective date of this section (luly 14, 2006} will be disquafiFied from
license renewal only for convictions that occur after the effective date of this section. However, no licensee
will be eligible for renewal if the Iicensee has any convictions for the above-listed offenses in the five (5)
years preceding renewal or in the three (3) years preceding renewal if the offense did not involve injury or
http://www.ci.stpaul.mn.us/code/1c376.html 3/14/2008
i hapter 376. TaYicabs* Page 2 of 3
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death.
b. No prior license revocation within one year immediateiy preceding apptication as defined in Minn. Stat. £
169A.03, subd 21.
c. For original licensure: No more than four (4) moving violations within the last three (3) years, and no more
than two (2) moving viotations in the last year. For renewai: No more than four (4) moving violations within
the Iast three (3) years and no more than three (3) moving violations in the Iast year. A moving violations
shall mean for this subsection those A violation of a traffic regulation but does not include a parking violation,
vehicfe equipment vioiation, or waming citation.
d. Every new applicant shail have at feast one (1) year's driving experlence as a licensed driver.
e. An applicant who has had a driver's iicense outside the state of Minnesota at any time during the ten (SO)
years prior to application shall submit a copy of that applicant's driving record from that state.
f. 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 shali be approved by the director of the department of safety and inspections.
(6) Have a demonstrated knowledge of the provisions of the taxicab ordinance retating to the conduct of
Yaxicab drivers and the operation of a taxicab.
(7) Failure to apply for re�ewal of any taxicab operator's license within thirty (30) days affer 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 training course, or as deemed
necessary by the license inspector: shall have successfully completed the taxicab driver training course as set
forth in section 376.17.
(� Duty to exhibitlicense. Effective March 15, 1991, every taxicab driver while on duty shall display the front
of his or her taxicab driver's license on the dashboard of the vehicle in a locatio� 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 penalties, a deputy inspector or police officer may
order the licensee to discontinue operations u�Gl such time as the licensee has a Iicense in possession.
(g) Zssoance of /icense, Each taxicab driver's ticense shall have upon it a num6er by whlch the license shall be
designated, a photograph of the licensee, a�d such other information as the Iicense inspector may require.
The license inspector may issue licenses for a term of less than one (i) year for a prorated initial fee in order
to evenly distribute license expiration dates throughout the year.
(h) Requi�ement of valld Minnesola or Wisconsin driver's license. Any time that a ticensee's Minnesota or
Wisconsin driver's Ilcense is suspended, revoked or canceled, his or her taxicab driver's Iicense shall likewise
be immediately suspended, revoked or canceled. No person shall operate a taxicab without a valid Minnesota
or Wisconsin driver's Iicense.
(i) Renewa/s. A taxicab driver's license shafl be issued annually. The license inspector may cause the renewal
of a taxicab driver's license from year to year by appropriate endorsement upon the application for renewal
and payment oP an annuai fee as set forth in Saint Paul Legislative Code section 310.18. The driver shall
make such renewai application upon a form to be furnished by the department of safety and inspections. The
renewal form shall be filled out with the fuli 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 shail
be considered a new applicant.
(j) Suspeasion, revocation and nonrenewal. A taxicab driver's license may be revoked, suspended or noY
renewed by the license inspector at any time for cause pursuant to the provisions of this chapter and chapter
310 of the Legisiative Code. When a taxicab driver's ficense has been revoked or suspended, it shall
immediately be returned to the department of safety and inspections. IY 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 Iicense has been returned to the
department of safety and inspections.
(k) Revocation of staYe driver's licerrse; limited licenses; impaired driving conviction.
(1) Any person holding a taxicab driver's Iice�se whose Minnesota or Wisconsin driver's license is suspended,
canceled or revoked for any reason shall immediately surrender his or her taxicab driver's license to the
department of safety and inspections. The taxicab driver's license shall be returned to the Iicensee upon
reinstatement of the Minnesota or Wisconsin driver's Iicense or issuance of a limited Iicense authorizing
operation of a taxicab; provided, however, that suspension, cancellation or revocation of a Minnesota or
Wisconsin driver's license due to refusal to submit to a legally required blood alcohol test under the state
implied consent statute shall be grounds Eor the revocation, nonissuance or nonrenewal of the taxicab driver's
license.
(2) Any licensed taxicab driver whose Minnesota or Wisconsin driver's Iicense has been revoked and who has
http://www.ci.stpaul.mn.us/code/1c376.htm1 3/14/2008
-�^.hapter 376. Taxicabs* _ Page 3 of 3
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been issued a limited Iicense authorizing the operation of a taxicab shall immediately notify the depa�
of safety and inspections of the same. At that time, the licensee shall fumish to the license inspector a copy
of the Iimited license and a written statement containing a schedule of the days and hours of each day during
which he or she will be driving a taxicab during the term of the limited license. No deviation from the
schedule shalt be permitted. In addition, the licensee shall personally furnish to the license inspector copies of
a11 trip sheets for all shifts worked during the term of the fimited license.
(3) Any person hoiding a taxicab driver s license shall notify the department of safety and inspections
immediately whenever he or she is convicted of an impaired driving offense.
(4) Refusal tn take andjor fai{ure to pass a chemical test administered pursuant to 169A.51 while on duty
shall be grounds for revocation of a taxicab driver's license.
(5) Failure to comply with the provisions of this section shall be grounds for revocatio� of a taxicab driver's
license.
(1) Notification of change ofaddress. Any person holdin9 a taxicab driver's license, shall notify the
department of safety and inspections immediately whenever he or she has a change of address.
(Ord. Na. 17767, § 1, 4-18-9�; C.F. No. 94-149, § 16, 3-23-94; C.F. No. 96-486, §§ 2--4, 6-25-96; 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. No. OS-823, § 1, 9-2S-O5; C.F. No. 06-461, § 1, 6-14-06; C.F.
No. 07-149, § 127, 3-28-�7)
http:llwww.ci.stpaul.mn.uslcode/1c376.htm1 3J14J2008