08-945Council File # bp — � �
Green Sheet # .� � 31.C"
RESOLUTION
OF SAINT PAUL. M
1 WHEREAS, adverse action was taken against the Tasicab Driver license application submitted by
2 Alfred Fox d/b/a Alfred Fox (License ID#20040001871) for the City of Saint Paul, by Notice of Intent to
3 Deny License dated 3uly 3, 2008, alleging licensee's Minnesota driver's license was revoked as of May 10,
4 2008, for an Implied Consent-Refusal in Ramsey County, in violation of Saint Paul Legislative Code
5 §376.16 (e) (1); and
6
7 WI�REAS, licensee did not respond to the Notice of Intent to Deny License to contest the
8 allegation or withdraw his license application; and
9
10 WfIEREAS, the Notice of Intent to Deny License stated that if the licensee failed to contest the
ll allegation or withdraw his license application by July 14, 2008, that the matter would be placed on the
12 consent agenda to impose the recommended penalty; now, therefore, be it
13
14 RESOLVED, that the Tasicab Driver license application submitted by Alfred Fox d/b/a is hereby
l5 denied.
16
Bostrom
Carter
Harris
BY� ` � Q.�.
Requested by Department of:
DS.L
Thune ✓ Form A roved by City Attorney
°a BY �(d� � lult�ul
Adopted by Council: Date ������
Adoption Certified by Council Secretary Form Ap v d Mayo r S mission to Council
BY� � By:
Approve y� ate b (J
By:
`�°G�� :_
_-_ � Green Sheet Green Sheet Green Sheei Green Sheet Green Sheet Green Sheet �
$� -Dept of Safery & Iaspectlons � 17-AUG-OS
CoMact Person 8 Phone:
Rachel Tiemey
266-8770
must ee on Council Agentla b
27-AUGABC ll�` Cy�, 1}(�,c�'
Doc.Type; RESOLUTION
E-Document Required: Y
DocumentConWCt: JulieKraus
Contact Phone: 266-8776
�/
Assign
Numher
For
Rouling
Ortler
Total # of Signature Pages _(Ciip All Locations for Signahre)
Green Sheet NO: 3058315
0 e t of Safe & Ins eMioas
1 ept ofSatety & Iosp¢c6ons Deparimeut D'uector
2 ' Attorne
3 a o�"s 0ffiee Ma odASSistant
4 ouncil
5 Clerk CS Clerk
Approval of the attached resolurion to take adverse acHon against the Taacicab Driver license applicarion submitted by Alfred Fox
d/b/a Alfred Fox (License ID#20040001871) for the City of Saint Paul.
iaanons: npprove (n) or K
Planning Commission
CIB Committee
Civif Service Commission
1. Has this personlfirm ever worked under a conVact for this department?
Yes No
2. Has this personlfirtn ever been a city employee?
Yes No
3. Does this personffirm possess a ski11 not normally possessed by any
current city empioyee?
Yes No
Eacplain all yes answers on separate sheet andattach to green sheet
Inftiating Problem, lssues, opportunity (Wha, What, When, Where, Why):
Licensee's MN Driver's license was revoked as of May 10, 2008 for Implied Consent-Refusal in Ramsey County in violarion of
SPLC Section 376.16 (e) (I). After notificarion, licensee did not respond to Notice of Inient to Deny License.
Advantages If Approvetl:
License denial.
Disadvantages If Approved:
None.
DisadvattWges If No[ Approved:
Trensadion:
Funding Source:
Financial Information:
(F�cpiain)
CosNRevenue Budgetetl:
Activity Number.
August 17, 20081:10 PM Page 1
y
I ( �
OFFICE OF TI� CITX ATTORNEY ����
John d Cho; Ci(yAttomey _
PAVL CiTY OF SAWT PAUL cN;�oM�;o„
� ChnstopherB.CofemaqMayot 400Ci1yHa// -Telephone:65>266-87�0
15WestKellogg8lvd. Facsimi/e:fi51298-5619
11AAA Saint Paul, Mrnnesofa 55102
July 3, 2008
NOTICE OF INTENT TO DENY LICENSE
Alfred Fox
908 Wescott Square #201
Eagan, MN 55123
RE: Saint Paul Taxicab Driver license applicarion submitted by Alfred Fox for
the City of Saint Paui
License ID#: 20040001871
Dear Mr, Fox:
The Deparnnent of Safety and Inspections has recommended denial of the Saint Paul
TaYicab Driver license application submitted by Alfred Fox for the City of Saint Paul. The basis
for the recommendation is as follows:
During a routine check of your driving record for license renewal, it was
discovered that your Minnesota Driver's License was revoked on May 10,
2008 fur an Implied Consent-Refusal in Ramsey County. Saint Paul
Legislative Code §37616 (e) (1) states: "Eliaibility to be licensed to operttte a
tazicab shall be as follows: (I) Possess a valid Minnesota ar Wisconsin driver's
License."
At this time you have three options on how to proceed:
You can withdraw your license applicafion. ff this is your choice, you shouid send the
letter directly to the Department of Safety and Inspections, 8 Fourth Street East, Suite
200, St. Paul, Minnesota, 55101-1002. The letter should be directed to Rich Jents no
later than Monday, July 14, 2008. Any request for a refund of the license application fee
must also be made in writing to the Department of Safety and Inspections.
L:\CNIL�KRAUSIFORM A'S\TAXICAB�ALFRED FOX LICENSE DENLSL PORMADOC
Aifred Fox �
July 3, 2008
Page 2
��
C
2. If you wish admit the facts but contest the denial, you may ha�e 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 Monday,
July 14, 2008. The matter will then be scheduled before the City Council for a public
hearing to defennine whether to deny your license. You wi]1 have an opporhuiity to
appeaz before the Council and make a statement on your own behalf.
If you dispute the above facts, you can request a hearing before an Adcuuustrative Law
Judge. At that hearing both you and the City will be able to appeaz and present witnesses,
evidence and cross-exatuine the other's witnesses. The St. Paul City Council will
ultimately decide the case. If this is your choice, please advise me by Monday, July 14,
2008, and I will take the necessary steps to schedute the administrative hearing.
If you have not contacted me by that date, I will assume that you do ttot 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,
�---
� ��t,. D I ` o.
Rachel Tierney
Assistant City Attorney
cc: Cbristine Rozek, Deputy Director of DSI
Rich Jents, DSI
AA-ADA-EEO Employer
� Page i o£ 1
��
.luly 62, 20�8 Qt:55 PM
DL#
Name ! Address
212Q COMO AVE SE #2 MPIS 55414
SYa#us
REVOKED N f A D �4l27l2U07/
04i25l2011
htips:llwww.dvslesupport.org/dvsinfo/dvsnewdUDemographics.asp?Prnt=YES&DispType=... 71U2008
�
luly Ot, 2008 01:55 PM
C+l#
Hame f AdBress
ALFRED FOX
2120 COMO AVE SE #2 MPLS 55414
Entry Snciderrt
Date date
Page 1 of 1
�
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StBttis C- _--___-'-.__ �—.
._" --_ _---- - --'—
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REVOKED N/A D 04/27f2007/
04/25J2011
Requisements
PASS THE DWI/DRUG WRI"fiEN TEST
MAKE APPLICATION FOR NEW LICENSE.
Othas
Info
or call 651-246-20:
Reinstafe Date: 05l15/2009
Ne�ctAction Date: OSl14(2009
Withdrawal Length: 0365
https:J/www.dvslesupport.org/dvsinfoJdvsnewdUDemographics.asp?Prnt=YES&DispType=... 7/1J2008
City of St. Paul, MN - Offic� 1 Website - City Charter & Codes �. Page 1 of 3
Sec.
(a) License required. Effecdve March 15, 1991, no person shall drive a ta3cicab, nor shall any owner or lessee of
any other person to drive a taxicab, within the city uniess that person has first obtained and displayed a taricab
under the provisions of this Code.
(b) Drivers from other cities. Any driver licensed io operate a taxicab in another city may carry passengers from
place within the city and may freely enter and travef upon the streets for that purpose. in that case, it shali not bf
necessary for the taxicab driver to obtain a city license, but the driver shall not be permitted to accept or offer an
hire in the city or othenvise operate a taYicab within the city without first obtaining a license under the provision:
While within the city, the taxicab driver shali be required to observe ali of the appiicable regulations and conditio
and shaif have in possession and dispiay to any person upon demand the license certificate for the taxicab.
(c) License application. Every applicant for a taxicab driver's licettse sha(I file an application with the department
inspeetions. The application shali be made on a form provided by said division, containing such information as tl
inspector may require, including, but not limited to, a complete employment history, to verify that the terms and c
chapter have been met. The application shail be signed and sworn to by the applicant. Prior to the issuance of tl
licensee shall be photographed. The chief of poiice or fiis representative shalf investigate each applicant and sh
results of the application to the license inspector. Any false statement on the application shal! be grounds for de
renew or revocation of a license.
(d) License fee, The fee required for a Iicense shafi be estaBlished 6y ordinance as specified in section 310.09(t
Code.
(e) P�erequisites to license. Eligibiiity to be Iicensed to operate a taxicah shall be as follows:
(1) Possess a vafid 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 othervvise obtain�
authorization from the U.S. immigration and Naturalization Service;
(4) Shali not be under sentence or have been discharged from sentence for a feiony conviction within the ten (1i
immediately preceding application for a license for the foflowing offenses: Murder (Minn. Stat. §§609.185 to 609
manslaughter (§§ 609.20 to 609.205), criminai vehicufar homicide and injury (§ 609.21), assault 1-111 (§§ 60922
criminal sexuaf conduct (§§ 609.342 to 609.3451), indecent conduct {§ 61723, subd. 2 or 3); or any violation of
substance law (§ 152 et ai) which is punishable by a maximum sentence of �fteen (15) years or more; as allowe
Stat. § 364.09.
a. The licensee shali not be under sentence or have been discharged from sentence for any felony conviction w
years immediately preceding appfication for a license, and shall not be under sentence or have been dischargec
any non-traffic gross misdemeanor or non-tra�c misdemeanor conviction within the three (3) years immediateiy
application for a license.
b. The license inspector may grant, pursuant to Minn. Stat § 364.03, an exception to paragraph a. upon evidenc
ofEense is not related to the occupation of taxicab driver, or upon evidence of rehabifitation.
c. A person holding a license on the effective date of this secGon (July 14, 20�6) will pe disqualified from license
convictions that occur after the effective date of this secfion. However, no licensee will be efigible fior renewai if t
any felony co�victions in the five (5) years preceding renewal; or any �ontra�c gross misdemeanor or misdeme
the three (3) years preceding renewai involving the use or threat of use of force, possession or sale of a controll
prostitution or indecent conduct.
http://www.ci.stpaul.mn.uslweb/CityCodellc376.hhnl 7/2/2008
STATE OF MIlVNESOT�"
� SS.
courrrY oF x�sEY �
� �'7 S
Julie Kraus, being first duly sworn, deposes and says that on the 3 day of July, she
served the attached NOTICE OF INTENT TO DENY LICENSE by placing a true and correct
copy thereof in an envelope addtessed as follows:
Alfred Fox
908 Wescott Square #201
Eagan, MN 55123
(which is the last lmown address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
. �
3ulie Kraus
Subscribed and sworn to before me
this 3 day July, 2008
� � �-��
Notary Public
AFFIDAVIT OF SE_ .JICE BY U.S. N7ATL
�asan Maiie Janisch-Wamer
� Po'J7ARYPUBLIC•Y1INNESOTA
M1fiY �Q:J�A4iSS10Si
�XPPRES 3ABd. 31, 2012