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09-399Council File # 6 I'�l p/� Green Sheet # ?j(�� RESOLUTION OF $,AINT PAUL, MINNESOTA � � Presented by 1 WHEREAS, adverse action was taken against the TaYicab Driver (Provisional) license application 2 submitted by Alonzo M. Lee (License ID#20090000177) for the City of Saint Paul by Notice of Intent to 3 Deny License dated March 13, 2009, alleging licensee was convicted in Hennepin County on July 29, 2008 4 for Misdemeanor 4`�' Degree-DWI — Operate a Motor Vehicle Alcohol Concentration 0.08 within 2 hours 5 under Minn. Stat. §169A.20.1(5) in violation of Saint Paul Legislative Code §376.16(e)(5)(a)(2); and 6 7 WHEREAS, the licensee did not respond to the Notice of Intent to Deny License to contest the 8 allegation, request a public hearing or withdraw the license application; and 9 10 WHEREAS, the Notice of Intent to Deny License stated that if the licensee failed to contest the 11 allegation, request a public heazing or withdraw the license application by March 23, 2009, that the matter 12 would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it 13 14 RESOLVED, that the Tasicab Driver (Provisional) license application submitted by Alonzo M. L,ee 15 is hereby denied. Yeas Nays Absen[ Bostrom ,� Cazter ,/ Harris Helgen � Lan[ry ,i Stark � Thune ,/ O / Adopted by CounciL Date /��j.��DE� Adoption Certified by Council ecretary BY� 1J �.FSO/s� Approved Ma or:l ate � Ly Q By: t Requested by Departme�t of: ��I BY �� .tJ � Form�ppyoved b�Attor� B y' r �. Form Ap - ed b May r or Sub ' s o C By: C� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �"�� epartrnent/Office/Council: Date Initiated: S� _Dept.ofSafety&Inspedions i Ot-APR-09 � Green Sheet NO: 3069160 Conpct Person & Phone: Rachel Tiemev 266-8710 Must Be on Councy'�Agenda by 15-APR-09 (A,i...�n.n. Doc. Type: �SOLUTfON EDocumeM Required: Y Document Contact: �ulie Waus Contact Phone: 26G8776 .,/ � � i Assign � 2 Num6er ! 3 Fot I Routing 4 Order I 5 To tai # of Signature Pages _(Clip AII Locatio for Signat Adion Requested: Approval of the attached resolurion [o take adverse against the Taxicab Driver (Provisional) license application submitted by Alonzo M. Lee (License ID#20090000177) for the Ciry of Saint Paul. Recommendations. Approve (A) or Reject (R): Planning Commission CIB Committee Civ7 Service Commission Personal Service Contracts Must Answer the Following Questions: 1. Has this personifirm ever worked under a contract for this department� Yes No 2. Has this persoNfirm ever been a c�ty employee? , Yes No 3. Does this personffirm possess a ski11 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 convicted on July 29, 2008 of Misdemeanor 4th Degree DWI-Operate a Motor Vehicle Alcohol Concentrafion 0.08 within 2 hours under Minn. Stat. Section 169A20.1 (5) in violarion of SPLC Section 376.16(e)(5)(a)(2). Afrer notification, licensee did not respond to the Nofice of Intent to Deny License. Advantages If Approved: License denial. Disadvantages If Approved: DisadvaMages If Not Approved: ToWI Amount of Trensaction: Funding Source: Financial Information: (Explain) April 1, 2009 4:55 PM Cosf/Revenue Budgeted: AMivity Number: Page 1 { b�- ��`I OFFICE OF THE CITY ATTORNEY John J. Chai, CityAttomey sw�wr '^°L CITY OF SAINT PAUL � Civil Division Chnstopher B. Colemaq Mayor 400 City Hall Telephone 65l 266-8710 15 West Kellogg BNd Facsimde: 651 298-5619 AAAA Saint Paul, Minnesota 55702 March 13, 2009 NOTICE OF INTENT TO DENY LICENSE Alonzo M. I,ee 7500 Highway 7, Apt. 465 St. Louis Pazk, MN 55426 RE: Taxicab Driver (Provisional) license application submitted by Alonzo M. Lee for the City of Saint Paul License ID #: 20090000177 Dear Mr. L,ee: The Department of Safety and Inspections (DSn will recommend denial of the Tacicab Driver (Provisional) license application submitted by Alonzo M. Lee for the City of Saint Paul. The basis for the recommendation is as follows: During a routine check of your driving record, it was discovered that on July 29, 2008, you were convicted in Hennepin County of Misdemeanor 4 Degree-DWI — Operate a Motor Vehicle Alcohol Concentration 0.08 within 2 hours under Minn. Stat. §169A.20.1(5). This is a violation of Saint Paul Legislative Code §376.16 (e) (5) (a) (2) which states: ".....no conviction in the last three (3) years for any of the following offenses not involving injury or death: 2) Driving while impaired under Minn. Stat. I69A.20, subd. I or similar law of another state or Minnesota Law as amended." At this time, you have three options on how to proceed: If you 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. I will need to receive your letter no later Monday, March 23, 2009. 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 appear before the Counci] and make a statement on your own behalf. ee_enn cnn Alonzo M. I.ee March 13, 2009 Page 2 b�!- 3�79 If you dispute the above facts, or wish to present evidence that the conviction is not related to your license as a taYicab driver, or 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 heazing both you and the City will be able to appeaz and present wimesses, evidence and cross-examine the other's witnesses. The St. Paul City Council will ultimately decide the case. If this is your choice, piease advise me in writing no later than Monday, March 23, 2009. You can withdraw your license application. Send a written statement to that effect to the Department of Safety and Inspections, 375 3ackson Street, Ste 220, St. Paul, Minnesota 55101-1806 no later than Monday, March 23, 2009. 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. If I have not heard from you by that date, I will assume that you do not contest the denial of you 1Scense. 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, � �� ,�.�.�� Rachei Tierney Assistant City Attorney cc: Christine Rozek, Deputy Director — DSI Rich Jents, DSI Page 1 of 2 , �. Loqout Search M2nu New Criminal�Tr2ffiGPetty Search Back Leca!ion All MNCIS Srtes - Case Search Help REGISTER OF ACTIONS Cwse No. 27-CR-08-33800 State of Minnesota vs ALONZO MARELL LEE Case Type: Crim/Tref Mantlatory Date Filetl� 07/07l2006 Hennepin Location: CriminaVTraffic/Petty Southdale PARTY INFORMATION Lead Attorneys Defentlant LEE, ALONZO MARELL Male LONG, JACQUELINE DAWI Bumsville, MN 55337 03/17/7972 Public Defentler Juristliction State of Minnesota GLASSBERG, ERICA SHIFI CHARGEINFORMATION Charges: LEE, ALONZO MARELL 7. 4th Degree- DWI - Operate Motor Vehicle Under Influence of Alcohol 2. 4th Degree- DWI - Operate Motor Vehicle - Aicohol Concentration 0.08 Within 2 Hours Statute 169A.20.1(1) 169A 20 1(5) Level Mistlemeanor Misdemeanor Date 07/O6/2008 07/06/2008 EVENTS & ORDERS OF THE COURT 07/29/2008 07/29/2008 07/29/2008 DISPOSITIONS Plea (Judicial Officer. Garcia, Tamara G.) 1. 41h Degree- DWI - Operate Motor Vehicle Under Influence of Aicohol None 2. 4th Degree- DWI - Operate Moior Vehicie -Alcohol Concentration 0.08 Within 2 Hours Guilty Disposition (Judicial Officer: Garcia, Tamara G.) 1. 4th Degree- DWI - Operate Motor Vehicle Under Influence of Alcohol Dismissed 2. 4th Degree- DWI - Operate Motor Vehicle - Alcohol Concentration 0.08 Within 2 Hours Convicted Sentenced (Judicial Officer: Garcia, Tamara G.) 2. 4th Degree- DWI - Operate Motor Vehicle - Alcohol Concentration 0.08 Within 2 Hours Condi4on - Adult: 1. No careless tlriving, 07/29/2008, Active 07/29/2008 2. No Alcohol Related Offenses, or drug 07/29/2008, Active 07/29/2008 3 DWI clinic, 07/29/2008, Active 07/29/2008 4. No reckless driving, 07/29/2008, Active 07/29/2008 5. No same or similar, 07/29/2008, Active 07/29/2008 6. Provide Proof of Insurance, 07/29/2008, Active 07/29/2008 7. No driver license violations, 07/29/2008, Active 07/29/2008 Fee Totals: Fine $ Imposed Fine $ Law Library Fees Cnmlfraffic Surcharge Municipality Fines Chemical Dependency Assessment Fee Totals $ Local Confinement: 50.00 50 00 $3.00 Waivetl $75 00 Waived $50.00 $125.00 Waived �50.00 Agency: Hennepin County Workhouse - Adult Corrections Term:30 Days http://pa.courts.state.mn.us/CaseDetail.aspx?CaseID=1611928905 3/11/2009 Page 2 of 2 � �� Time To Serve: 2 Days Stay 28 Days For 2 Yr Serve As: Sentence To Serve Comment: 2 days sts in lieu of wh Status: Active 07/29l2008 Probation - Adult: Type: Supervised probation Agency: Hennepin District Court Tertn of 2 Yr 07/29/2008 - 07/29/2010 Status: Active 07/29/2009 Service - Aduit: Type: Sentence to service 3 Days For 90 Days In Lieu of Fine ($50.00)/Confinement ( 2 Days) Start: 07/29/2008 Due: 70/27/2008 Status: Satisfied 11/10/2008 OTHER EVENTS AND HEARINGS 07/07/2008 Tab Charge 07/29/2008 Arreignment (8:30 AM) Result: Held 07/29/2008 Application for Public Defender 07/29/2008 Order Granting Public Defender 07/29/2008 Acknowledgement of Rights 07/29/2008 Petition to Enter Guilty Plea 07/29/2008 Seniencing Order 07/29/2008 Conviction Sent to PPS 07/29/2008 Criminal History Disposition has been processed 07/30/2008 Criminal History Disposition has been processetl 77/17/2008 Criminal History Disposition has been processetl FINANCIALINFORMATION Defendant LEE, ALONZO MARELL Total Financial Assessment Total Payments and Credits Balance Due as of 03/71/2009 07/29/2008 07/29/2008 11/77/2008 Transaction Assessment Credit Waived Credit for Work Service 253.00 253.00 0.00 253 00 (203.00) (50.00) http://pa.courtsstate.mn.us/CaseDetail.aspx?CaseID=1611928905 3/11/2009 Chapter 376. TaYicabs* Sec. 376.16. Taxicab driver's license. Page 1 of 4 by-��9 (a) License required. Effective March 15, 1991, no person shall 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 driver's 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 ciiy 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 shall have in possession and display to any person upon demand the license certificate for the taxicab. (c) License application. Every appiicant for a taxicab driver's license shall file an application with the department of safety and inspections. The application shali be made on a form provided by said division, containing such information as the license inspector may require, incfuding, but not Iimited 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 applicant. Prior to the issuance of the license, every licensee shall be photographed. The chief of police or his representative shall investigate each applicant and shail forward the 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 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 follows: (1) Possess a valid Minnesota or Wisconsin driver's license; (2) Be at least eighteen (18) years oid; (3) Be a citizen of the United States, or an alien admitted for perma�ent residence, or who has otherwise obtained work authorization from the U.S. Immigration antl Naturalization Service; (4) Shafl 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 foliowing offenses: Murder (Minn. Stat. §§609.185 to 609.195), mansiaughter (§§ 609.20 to 609.205), criminal vehicular homicide and injury (g 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 iicensee shail not be under sentence or have been discharged from sentence for any felony conviction within the five (5) years immediately preceding appiication for a license, and shail 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 rehabilitation. http://library3.municode.com/4472/DocView/1006U1/317/384 �ifii�nnq Chapter 376. Taxicabs* Page 2 of 4 D"1-3�19 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 aRer the effective date of this section. However, no licensee will be eligible for renewal if the iicensee has any felony convictions in the five (5) years preceding renewai; 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 indecent conduct. (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 involving injury 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 law of another state or Minnesota law as amended; 2. Driving while impaired under Minn. Stat. § 169A.20, subd.l, or similar w of another state or Minnesota Iaw 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 (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 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 death. b. No prior license revocation within one year immediately preceding application 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 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. A moving violations shali mean for this subsection those A violation of a traffic regulation but does not include a parking violation, vehicle equipment violation, or warning citation. d. Every new applicant shall have at least 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 (10) 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 license inspector may waive one (1) or more of the requirements Iisted above; provided, that any such waiver shall indicate the grounds for the inspector's decision and shall be approved by the director of the department of 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 shalf be deemed an abandonment of the iicensee's right to such renewal. http://librarv3.municode.com/4472/DocView/10061/1/317/384 �iFi�.nn9 Chapter 376. Ta�cicabs'� Page 3 of 4 � �� (8) For any driver seeking originai 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 iicense has lapsed for more than two (2) years if the driver previousfy compieted 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. (f) Duty to exhibit license. Effective March 15, 1991, every taxicab driver while on duty shall display the front of his or her tatiicab driver's license on the dashboard of the vehicle in a location readiiy 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 until such time as the licensee has a license in possession. (g) lssuance of license. 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 eveniy distribute license expiration dates throughout the year. (h) Requirement of valid Minnesota or 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 sha11 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 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 of an annual fee as set forth in Saint Paul Legisiative Code section 310.18. The driver shall 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 fuil 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) Suspension, revocation and nonrenewal. A taxicab driver's Iicense 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 Legisiative Code. When a taxicab driver's license 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 shali not commence until the 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 holding 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 shali be returned to the licensee upon reinstatement of the Minnesota or Wisconsin driver's iicense or issuance of a limited license authorizing operat+on of a taxicab; provided, however, that suspension, cancelfation 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 shail be grounds for the revocation, nonissuance or nonrenewal of the taxicab driver's license. {2) Any licensed taxicab driver whose Minnesota or Wisconsin driver's license has been revoked and who has been issued a limited license authorizing the operation of a taxicab shall immediately notify the department of safety and inspections of the same. At that http://library3.municode.com/4472/DocView/10061/1/317/384 3/6/2009 Chapter 376. Taxicabs* Page 4 of 4 �I-��9 time, the licensee shall furnish to the license inspector a copy of the limited 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 shali be permitted. In addition, the iicensee shafl personally furnish to the license inspector copies of all trip sheets for all shifts 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) Refusai 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. (I) Notification of change of address. Any person holding a taxicab driver's license, shall notify the department of safely 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://library3.municode.com/4472/DocView/10061/1/317/384 3/6/2009 STATE OF MINNESOT �i-��9 � ss. AFFIDAVIT OF SEnVICE BY U.S. MAIL COUNTY OF RAMSEY ) Julie Kraus, being first duly swom, deposes and says that on the �� day of March, she served the attached NOTICE OF INTENT TO DENY LICENSE by placing a true and correct copy thereof in an envelope addressed as follows: Alonzo M. L,ee 7500 Highway 7, Apt. 465 St. L,ouis Park, MN 5542E (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. �� Julie aus Subscribed and sworn to before me this � �day of March, 2009 / � ��,�,�h�� Notary Public RITA M. BOSSARfl f pTARY PUBLIC - MINNESOTA MV COMMISSION ,� ' EXPIRESJAN.31.20/0