08-428Council File # � � �(/a
Green Sheet # 3 (�Q
RESOLUTION
Presented by
CITY.OF
/�
i WI3EREAS, adverse acfion was taken against the Tasicab Driver (Provisional) license application
2 submitted by Alexander D. Brown (License ID #20070004530) for the City of Saint Paul, by Nofice of
3 Intent to Deny License dated Mazch 18, 2008, alleging licensee was convicted of Felony Domestic Abuse
4— Violate Order for Protection on July 24, 2006, in violation of Saint Paul Legislative Code §376.16(e)(4)
5 (a); and
6
WE3EREAS, the Notice of Intent to Deny License stated that if the licensee failed to contest the
allegation by Mazch 28, 2Q08, that the matter would be placed on the consent agenda to impose the
recommended penalty; now, therefore, be it
10
11 RESOLVED, that the Taxicab Driver (Provisional) license application submitted by Alexander D.
12 Brown is hereby denied.
13
Bostrom
Carter
Hazris
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Adopted by Council: Date h������pp�
Adoption Certified by Council Secretary
By. —
Approve y ay : Date j�
By:
PAUL, MINNESOTA
Requested by Departrnent of:
By: � f `°1.C��
Form �A j roved by Ci�Attorney
By: �C�k✓I.yJC � LtA
Form A r e by or for mis 'o to ouncil
By:
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sl —�coesaeery&�sp�ca�s
CoMact Person $ phone:
Rachel Tiemey
266-8710
mus� tte on
23APR-0S
Doc. Type: RESOLUTfON
E-Document Required: Y
DocumeMCoMact; Julie Waus
CoMact Phone: 266-8776
11-APR-08
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Assign
Number
Por
Routing
Order
7oWl # of Signature Pages _(Clip All Locations for SignaW re)
Green Sheet NO: 3052290
0 t of Saf�& Inspections �
1 e tofSaf�&Iaspttdons DepartmentDirector I
2 ptvANomev
3 a oYs Office 1Ns or/Assistant
4 ouncil
5 ' Clerk ' Cierk
�
Approval of the attached resolution to take adverse acrion against the Taxicab (Ptovisional) license application submitted by
Alexander D. Brown (License ID#20070004530) for the City of Saint Paul.
Planning Commission 1. Has this person�rm everworked under a contract for this department?
CIB Committee Yes No
Civif Service Commission 2. Has this persoNfirm ever been a city employee?
Yes No
3. Dces this personlfirm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet and attach ta green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
L'acensee was convicted of Felony Domestic Abus�Violate Order for Protection on July 24, 2006 in violation of St. Paul Legislative
Code Section 37616 (e) (4) (a). After norificakon, ticensee failed to iespond to the Nodce of Intent to Deny License.
Advantages If Approved:
License denial
Disadvantages H Approved:
DisadvaMages If Not Approved:
Transaction:
Funtling Source:
Financial Information:
(Explain)
CosHRevenue Budgete8:
Activity Number.
April 11, 2008 9:32 AM Page 1
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SAItti
P"�� CITY OF SAINT PAUL
� C'Ivistopher B. Colemm`, Mayor
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OFFICE OF THE CITY ATTORNEY
✓o1m Z Choi, ciryflrtorney
CiviZDivisian
400 CityHall Telephorfe: 657 266-8770
ZSWestKelloggBtvd Facsnni1e:651298-j619
SaintPauZ M"mnesom 55702
NOTICE OF INTENT TO DENY LICENSE
Alexander D. Brown
825 Dayton Avenue
St. Paul, MN 55104
RE: Ta�cicab Driver (Provisional) license applicarion subxnitted by Alexander D. Brown
for the City of Saint Paul
License ID #: 20070004530
Deaz Mr. Brown:
The Deparhnent of Safety and Inspections (DS� has recommended denial of the TaYicab Driver
(Provisional) license application submitted by Alexander D. Brown for the City of Saint Paul
The basis for the recommendation is as follows:
On July 24, 2006, you were convicted of Felony Domesfic Abuse-Violate Order
for Protection in Pennington County District Court. This is a violation of Saint
Panl Legislative Code §376.16 (e) (4) (a) which states: "Eligibility to be Zicensed
to operate a tmxicub shall be as follows: the licensee shalZ not be under sentence
or have been discharged from sentence for any felony conviction within frve (5)
years immediately preeeding application for a license. "
At this time, you have three options on how to proceed:
1. If qou wish to 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 wi11 then be scheduled before the City Council for a public hearing to determine
whether to deny your license. You will have an opporiwiity to appear before the Council and
make a statement on your own behalf.
�
Alexander D. $rown
March 1$, ZQ08
Page 2
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2. If you dispute the above facts, or wish to present evidence that the conviction is not related to
your license as a taxicab driver, ar that you have been rehabilitated pursuant to Minn. Stat.
§364.01 et seq, a hearing will be scheduled before an Administrative Law Judge. At that hearing
both you and the City will be able to appeaz aud present wiinesses, evidence and eross-examine
the other's witnesses. The St. Paul City Council will ultimately decide the case. If this is your
choice, please 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
Department 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
attenfion 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 Inspections.
If you have nof contacted me by that date, I will 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.
If you have questions about these options, please feel free to contact me at 266-8710.
Sincerely,
2� �.,.`�
Rachel Tierney
Assistant City Attomey
cc: Christine Rozek, Deputy Director of DSI
STATE OF MINNESOT� �
l SS.
COUNTY OF RAMSEY )
b2 � ��8
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 LICEN3E by placing a true and conect
copy thereof in an envelope addressed as follows:
Alexander D. Brown
825 Dayton Avenue
St. Paul, MN 55104
(which is the last laiown address of said person) depositing the same, with postage prepaid, in the
i3nited States mail at St. Paul, Minnesota.
�
Julie Kraus
Subscribed and sworn to before me
this 18�' day Mazch, 2008
�
No y Public
AFFIDAVIT OF SE, IICE BY U.S. MAIL
R1TA M. BOSSARD
wursraueuc•�ir�sor�
MY COMMISSfON
OCPIRES JAN. 31, 201 0
Chapter 376. TaYicabs* Page 1 of 3
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Sec. 376.16. Taxicab driver'S license.
(a) License required. Effective March 15, 1991, no person shall drfve 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 driver's license under the provisions of this Code.
(b) Drive�s 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 e�ter and travei 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 othenvise operate a taxicab
within the city without first obtaining a license under the provisions of this Code. While within the city, the
taxica6 driver shall be required to observe aU of the applicable regulations and conditions of this section and
shali 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 Iicense sha11 file an apptication witB 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, induding, but not limited to, a compiete
employment history, to verify that the terms and conditions of this chapter have been met. The application
shalt be signed and sworn to by the applicant. Prior to the issuance of the ficense, every licensee shaVl be
photogrephed. The chief of police or his representative shall investigate each applicant and shall forward the
results of the applicatlon 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. 7he fee required for a license shall be established by ordinance as specified in section 310.09
(b) of the Legislative Code.
(e) Prerequisites to ficense, Eligibility to be licensed to operate a taxicab shall be as follows:
(i) Possess a valid Minnesota or Wisconsin driver's license;
(Z) 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. 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 (y§ 609.20 to 609.205), criminal vehicular homicide and injury (§
609.21), assault T--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 sr�bstance 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 (S) years immediately preceding application for a Iicense, and shall not be under sentence or
have been discharged from sentence for any non-tra�c gross misdemeanor o� non-tra�c 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.
c. A person holding a license on the effective date of this section (July 14, 2006) will be disqualified 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 licensee has any felony convictions in the five (5) years preceding renewal;
or any nontraffic 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
indecenY conduct.
(5) Shall have a driving record meeting the folVOwing standards:
a. No convictions in the last ten (10) years for any of the following offenses involving injury or death; no
conviction in the last three (3) years for any of the following offenses not involving injury or death:
1. l.eaving the sce�e of an accident under Minn. Stat. 6�4.21, or 169.�9, or simflar law of another state or
Minnesota law as amended;
2. Driving while impaired under Minn. Stat. § 169A.20, subd.l, or similar Iaw 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 (JUIy 14, 2006) will be disqualifed from
license renewal only for convictions that occur after the effective date of this section. However, no licensee
will be elfgible for renewal if the licensee has any convictions for the above-listed offenses in the five (5)
years preceding re�ewal or in the three (3) years preceding renewal if the offense did not involve injury or
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Chapter 376. Taxicabs* Page 2 of 3
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death.
b. No prior ticense revocation within one year immediateiy preceding application as defined in Minn. StaY. §
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 violations in the last year. For renewaf: 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. A moving violations
shall mean for this subsection those A vlolation of a traffic regulation but does not include a parking violation,
vehicle equipment violation, or waming citation.
d. Every new applicant shall have at Ieast one (1) year's driving experience as a licensed driver.
e. An applicant who has had a driver's license outside the state of Minnesota at any time during the ten (SO)
years prior to application shall submit a copy of that applicanYs driving record from that state.
f. Upon submission of proof of suitability and evidence of insurability, the license inspector may waive one (1)
or more of the requirements listed above; provided, that any such walver shall indlcate the grounds for the
inspector's decision and shall be approved by the director of the department o4 safety and inspections.
(6) Have a demonstrated knowledge 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 renewai.
(8) For any driver seeking original licensure, or any driver whose taxi license has lapsed for more than one
(1) year if Che 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 exhibit license. 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 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 penalties, a deputy inspector or poiice officer 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 licensee, and such other information as the license inspector may require.
The license inspector may issue licenses for a term of less than one {1) year for a prorated initial fee in order
to evenly distribute license expiretion dates throughout the year.
(h) Requirement of valid Minnesota o� Wisconsin driver's license. Any time that a licensee's Minnesota or
Wisconsin driver's license is suspended, revoked or canceled, his or her taxicab driver's license shatl likewise
be immediately suspended, revoked or canceled. No person shall operate a taxicab without a valid Minnesota
or Wisconsin driver's license.
(i) Renewals. A taxicab driver's license shall be issued annually. The Iicense 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 of an annual fee as set forth in Saint Paul Legislative Code section 310.18. The driver sfiafi
make such renewal application upon a form to be furnished by the department of safety and inspections. The
renewal form shall be filled out with the full name and address of the appiicant, 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,
t]) Suspension, revocation and non�enewal. A taxicab drlver's license may be revoked, suspended or not
renewed by the license inspector at any time for cause pursuant to the provisions of this chapter and chapter
310 of the Legislative Code. When a taxicab driver's Iicense has been revoked or suspended, it shall
immediately be returned to the department of safety and inspections. 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 shalV not commence until tfie taxicab driver`s license has been returned to the
department of safety and inspections.
(k) Revocation of state driver's license; limited licenses; impaired driving conviction.
(1) Any person hoiding a taxicab driver's license 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 licensee upon
reinstatement of the Minnesota or Nlisconsin driver's license or issuance of a limited license authorizing
operation of a taxicab; provided, however, tfiat suspension, cancellation or revocation of a Minnesota or
Wisconsin driver's license due to refusal to submit to a legalfy 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 ticensed Yaxicab driver whose Minnesota or Wisconsin driver's license has been revoked and who has
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Chapter 376. Taxicabs* Page 3 of 3
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been issued a Iimited license authorizing the operation of a taxicab shall immediately notify the department
of safety and inspections of the same. At that time, the licensee shall fumish to the iicense inspector a copy
of the limited license and a written statement containing a schedule of the days and hours of each day d�ring
which he or she will be driving a taxicab during the term of the limited license. No deviation from the
schedule shal! be permitted. In addition, the (icensee sfialt personally furnish to the Iicense inspector cop(es oP
all trip sheets for all shifrs worked during the term of the limited license.
(3) Any person holding 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) Refusat to take and/or failure 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 revocation of a taxicab driver's
license.
(!) Notification of change ofaddress. Any person holding a taxica6 driver's license, shaU notify the
department of safety and inspections immediately whenever he or she has a change of address.
(Ord. No. 17767, § 1, 9-18-90; C.F. No. 94-199, § 16, 3-23-94; C.F. No. 96-486, §§ 2--4, 6-26-96; 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, 9-28-05; C.F. No. 06-461, § 1, 6-14-06; C.F.
No. 07-149, § 127, 3-28-07)
http://www.ci.stpaul.mn.us/code/1c376.htm1 3/14/2008