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09-463CITY Presented by Council File # Uq—Y��j Green Sheet #� RESOLUTION � 41f�T PAUL, MINNESOTA 1 WF�REAS, adverse action was taken against the Taxicab Driver license held by Mihai Stanescu 2(License ID#20070000902) for the City of Saint Paul, by Notice of Intent to Revoke License dated April 3 3, 2009, alleging the licensee was convicted on January 9, 2009 of two (2) counts of Felony Terroristic 4 Threats - Reckless Disregard Risk in violation of Minn. Stat. §609.713.1 and Saint Paul Legislative Code 5 §376.16 (e)(4)(c); and 6 7 WHEREAS, the licensee did not respond to the Notice of Intent to Revoke License to contest the 8 allegations, request a public hearing or withdraw his renewal license application; and 9 10 WHEREAS, Che Notice of Intent to Revoke License stated that if the licensee failed to contest the 11 allegation, request a public hearing or withdraw his renewal license application by April 13, 2009, thaC the 12 matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it 13 14 RESOLVED, that the Taxicab Driver license held by Mihai Stanescu is hereby revoked. Bostrom carter Adopted by Council: Date ✓ Adoption Certi�fie b Council ecretary BY= /.f ////{L�IJ/il/l�r�// Approve yo . Date /Z /�,0, �'� By: Requested by Department of: '� a� �. �- �n,o FR v{,�„-, S By: � For roved by City Attorney BY nt�� 1 D.�.l'1� FoLm Ap ioved by MayoL for bmission to Council By: � �.. � y �z-O9 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 09- �� )epartmenUOfficelCouncil: �� Date Initiated: � S � _Dept.ofSafety8lnspections � z1-APR-09 ,� Green Sheet NO: 3069738 Contad Person & Phone: Rachel Tiemey 266-8710 Must Be on Cour O6-MAY-09 Doc. Type: RESOLUTION � � ��{ Assign by (DatttPPf�� Number �' For Routing Order ' E-DOCUment Required: Y i I Document Contact: Julie Kraus �i Contact Phone: 266-8776 Total # of Signature Pages _(Clip All Lowtions for Signature) Approval of the attached resolution to take adverse action against the Taxicab Driver license held by Mihai Stanescu (License 20070000902) for the City of Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission 0 1 2 3 4 5 MaYOr/Assistaot ' _� 'L ' Citv Clerk � Personai Service Contracts Must Answer the Following Questions: 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this personffirm possess a skill not normally possessed by any cuvent city employee? Yes No Explain ali yes answers on separate sheet and attach to green sheet. Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why): Licensee was convicted on January 9, 2009 of two (2) counts of Felony Tetroristic Tlueats - Reckless Disregazd Risk in violation of Minn. Stat. Sec6on 609.713.1 and Saint Paul Legislative Code Secrion 376.16 (e)(4)(c). Afrer notificaiton, licensee did not respond to the Nofice of Intent to Revoke License. AdvanWges If Approved: License rewcation. DisadvanYages If Approved: DisadvanWges If NoS Approved: Total Amount of Transaction: Funding Source: Financial Information: (Explain) CosURevenue Budgeted: Activity Number. April 21, 2009 3:42 PM Page 1 ��-�� SAtNi PAUL CITY OF SAINT PAUL � Christopher B. Colemm�, Mayor AAAA April 3, 2009 OFFICE OF TF� CITY ATTORNEY lohn !. Choa, QryArcomey Civil Divuion 400 Ciry Hal! I S West Kellogg Blvd Sa+nt P¢u1, Minnesota 55102 Te(e�hane�65/ 266-8710 Facsvr�le 651 298-5619 NOTICE OF INTENT TO REVOKE LICENSE Mihai Stanescu 1162 - 14`� Avenue SE Minneapolis, MN 55414 RE: Taxicab Driver license held by Mihai Stanescu for the City of Saint Paul License ID #: 20070000902 Deaz Mr. Stanescu: The Department of Safety and Inspections (DSI) has recommended revocation of the Taxicab Driver license held by Mihai Stanescu for the City of Saint Pau1. The basis for the recommendation is as follows: On January 9, 2009, you were convicted in Ramsey County of two (2) counts of Felony Terroristic Threats — Reckless Disregard Risk in violation of Minn. Stat. §609.713.1. You were placed on supervised probation for five years from January 9, 2009 to January 9, 2014. This is a violation of Saint Paul Legislative Code §376.16(e) (4) (c) which states: A person holding a Zicense on the effective date of this section (July I4, 2006) will be disqualifzed 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 feZony convictions in the five (5) years preceding renewal..." Therefore, based on this information, you would no be eligible to re-apply for your TaYicab Driver Iicense until January 10, 2014. O 1' �1�0� Mihau Stanescu Apri13, 2009 Page 2 At this time, you have three options on how to proceed: If you wish to admit the facts but contest the penalty, you may have a public heazing before the Saint Pau] 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, Apri113, 2009. The matter will then be scheduled before the City Council for a public heazing to determine whether to revoke your license. You will have an opportunity to appeaz before the Council and make a statement on your own behalf. 2. If you dispute the above facts, or wish to present evidence that the conviction is not related to your license as a Tasicab 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 hearing both you and the City will be able to appear 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, please advise me by letter no later than Monday, Apri113, 2009. You may withdraw your license renewal application. Send a written statement to that effect to the Department of Safety and Inspections, 375 Jackson Street, Ste 220, St. Paul, Minnesota 55101-1806 no later than Monday, April 13, 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 you have not contacted me by that date, I will assume that you do not contest the revocation of your license. In that case, the matter wili 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, IC� ` Rachel Tierney Assistant City Attomey ca Christine Rozek, Deputy Director of DSI STATE OF MINNESOT' � SS. COUNTY OF RAMSEY ) vl ��lP� Julie Kraus, being first duly sworn, deposes and says that on the � day of April, she served the attached NOTICE OF INTENT TO REVOKE LICENSE by placing a true and correct copy thereof in an envelope addressed as follows: Mihai Stanescu 1162 - 14�' Avenue SE Minneapolis, MN 55414 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. �i Jul aus Subscribed and sworn to before me this � day of April, 2009 ` 6� /f"/ �r�2l.f� N�y Public AFFIDAVIT OF SE_ , ICE BY U.S. MAIL RITA M. BOSSARD NDTARY PUBLIC • MINNESOTA MY COMMISSION EXPIRES JAN. 31. 20 1 0 Page 1 of I U9� �iCv� Criminal/Traffic/Petty Case Records Search Results Loqout Search Menu New Criminalrraffic'Pe�ty Search Search Cnteria� 62k008007229 Location Ail MNCIS Sites - Case Search Help Case Number Citation Number Defendant Info Filed/LocatloNJudi� _ _ Officer 7ype/Status Charge(s) 62-KO-OS-007229 STANESCU, MIHAI 04/04/2008 Feiony TerroristicThreats-Reckless Disrec 10/31/1974 Ramsey Criminal/TreUnder Court Junsdic Terroristic Threats-Reckless Disrec Awsumb, Ro6ert Domestic Assault - By Strangulatio http://pa.courtsstate.mn.us/CaseSearchResults.aspx?SearchLinkIndex=l ani?nn9 Page 1 of 4 Dy-�C� � Loqout Search Menu New CriminaL'iraffiGPettv Search Back Location : All MNCIS Srtes - Case Search Help REGISTER OF ACTIONS CnsE No. 62-KO-08-001229 The State of Minnesota vs. MIHA1 STANESCU, [3/040108] CaseType� Felony Date Filed. 04/04/2008 Ramsey Location: CriminaVTreffic/Petty Downtown RELATED CASE INFORMATION Related Cases 62SU-CR-08-1709 (COmpanion Case) PARTYINFORMATION Defentlant STANESCU, MIHAI ST. PAUL, MN 55117 Jurisdiction State of Minnesota Male 10/37/1974 Lead Attorneys MESHBESHER,STEVENJ Retained CHARGEINFORMATION Charges: STANESCU, MIHAI 7. Terroristic Threais-Reckless Disregard Risk 2. Terroristic Threats-Reckless Disregard Risk 3. Domestic Assault - By Strangulaiion Statute Level Date 609.713.1 Felony 04/01/2008 609.713.1 Felony 04/0�/2008 60922472 Fefony 04l01/2008 EVENTS & ORDERS OF THE COORT 05,�071200Q OS/07/2008 O7/09/2009 01/09/2009 DISPOSITIONS P/ea (Jcrdiciat OBicer. Rosas, Salvador) 1. Yemoristic Threats-Reckless Disregard Risk Not gui(iy 2. 7erroristic Threats-Reck(ess Drsregard Risk Nof guitty 3. Domest�c Assault - By Sirangulation Not guilry Amended Plea (Judicial Officer: Rosas, Salvador) Reason: Plea agreement 1. Terroristic Threats-Reckless Disregard Risk Guilty 2. Terrorist�c Threats-RecKless Disregard Risk Guiliy Disposition (Judicial Officer: Rosas, Salvador) 1. Terroristic Threats-Reckless Disregard Risk Convicted 2. Terroristic Threats-Reckless Disregard Risk Convicted 3. Domestic Assault - By Strangulaiion Dismissed Sentenced (JUdicial Officer: Rosas, Salvador) 1. Terroristic Threats-Reckless Disregard Risk Commit to Commissioner of Corrections - Adult: MN Correctional Facility - St. Cloud Term of t Yr 1 Days Stay for 5 Yr Status: Active 01/09/2009 Local Confinement: Agency: Ramsey Couniy Correctional Faclity Term: 108 Days Time To Serve: 708 Days http://pa.courts.state.mn.us/CaseDetail.aspx?CaseID=672265971 4/2/2009 Page 2 of 4 Stay0Yr0Mo0Days ��/�� Credft For Time Served: 108 Days Status: Active 01/09/2009 Probation - Adult: Type: Supervised probafion Agency: Ramsey County Community Corrections Tertn of 5 Yr 0�/09/2009 - Oi/09/2014 Status: Active 07/09/2009 Fees - Adult: (Grand Total: $178.00) Due 0 V09/2009 Fine: $100.00 Fees: (Fees Total: 578.00) Cnminal Surcharge: $73.00 Law Library: $5.00 Condition - Adult: 1. Follow all instructions of probation, 0�/09/2009, Actfve 01/09/2009 2. Supply DNA sample, 01/O9/2009, Active O7/O9/2009 3. Domes6c abuse counseling/treatment, 01/09/2009, Active 01/09/2009 4. Anger management, 01/09/2009, Active Ot/09/2009 5. Conditions, other, prgs/csig per po 01/09/2009, Active 0�/09/2009 6. Counseli�g, mental health per po ot(09l20�9, Active Otl09I2009 7. Educational assessmenUprogram, or vocational Ot/09/2009, Active 01/09/2009 8. No contact with victim(s), Oi/09/2009, Active 07/09/2009 9. Released on own recognizance, 07/09/2009, Active 07/09/2009 01/09/2009 04/04/2008 04/04/2008 04/04/2008 04l04/2008 04/04/2008 04/04/2008 04/04/2008 04/18/2006 Sentenced (Judicial OffiCer: Rosas, Salvador) 2. Terroristic Threats-Recktess Disregard Risk Commit to Commissioner of Corrections - Adult: MN Correctional Faciliiy - SL Cloud 75 Mo Stay for 5 Yr Status: Active 07/09/2009 Local Confinement: Agency: Ramsey County Correctional Facihty Term:108 Days Time To Serve: 708 Days Stay 0 Yr 0 Mo 0 Days Credit For Time Served: 108 Days Status: Active 01/09/2009 Probation - Adult: Type: Supervised probation Agency: Ramsey County Community Corrections Term of 5 Yr 01/09/2009 - 01/09/2014 Status: Active 07/09/2009 Fees - Adult: (Grand Total: $178.00) Due 01/09/2009 Fine: $100.00 Fees: (Fees Total� $75.00) Criminal Surcharge: $73.00 Law Library: $5.00 Condition - Adult: 1. Remain law-abiding, 01/09/2009, Active 07/09/2009 2. Follow all instructions of probation, 01/09/2009, Active 01/09/2009 3. Supply DNA sample, 01/09/2009, Active 01/09/2009 4. Domestic abuse counseling/treatment, Otl09/2009, Active 01/09/2009 5. Anger management, O7/09/2009, Active 01/09/2009 6. No contact with victim(5), 07/09/2009, Active Ot/09/2009 7. Educational assessmenUprogram, and vocational O7/09/2009, ActiVe 01/09/2009 8. Counseling, mental health Ot/09/2009, Active 01/09l2009 9. Conditions, other, prgs per po 01/09/2009, Active 01/09/2009 70. Released on own recognizance, O7/09/2009, Active 01/09/2009 OTHER EVENTS AND HEARINGS DOC-Document Filed FLD-Case Filed ORD-Order ORD-Order ORD-Ortler 7stAppearanceDistrictCourt (721 PM) Result Converted Activity Status Flag Occurred Interim Condition for STANESCU, MIHAI - No contact with victim(s) Hearing (7:20 PM) http://pa.courts.state.mn.us/CaseDetail.aspx?CaseID=672265971 4/2/2009 Page 3 of 4 Dy-�{L� 3 04/18/2008 04/18/2008 04/� 8/2008 04/18/2008 04/18/2008 04/78/2008 04{30/2008 04/30/2008 OS/02/2008 O5/07/2008 OS/07/2008 OS/07/2008 O5/07/2008 OS/�7l2008 OS/07/2008 OS/07/2008 OS/07/2008 OS/13/2008 OS/13/2008 OS/13/2008 OS/14/2008 O5/20/2008 05/28/2008 05/29(2008 05/29/2008 07/11/2008 07/11/2005 07/77/2008 7 7 /16/2008 iv7�izoos �1J17/2008 12/OS/2008 01/09/2009 01 /09/2009 ovosi2oos 01/09/2009 O7/09/2009 01 /09/2009 01 /09/2009 Ot/09/2009 01/09/2009 01 /09/2009 07/09/2009 O7/09/2009 01 /09/2009 OVt2/2009 07/12/2009 01 /12/2009 01 /28/2009 Ot/28/2009 01 /28/2009 02/OS/2009 02/05/2009 04/18/2008 Reset by Court to 04/78/2008 Result: Heltl Certificate of Representation Discovery Disclosure Notice and Order to Appear Baii Study Other pocument Motion Notice of Motion and Motion Memorandum CANCELED Bail Hearing (120 PM) Waived Omnibus Hearing (7:20 PM) 05J0712008 Reset by Court to OS/07/2008 Result: Held Other pocument Order-Other Mot(on for RevieW Other pocument Notice and Order to Appear Petition to En1er Guilty Plea Order-Presentence Investigation Released Released Released Non-Cash Bond Posted Order for Release CANCELED Pre•trial (1:30 PM) Settled Warrantlssued Order-Other Sentencing (9:00 AM) Result. Held Publicly Viewable Note to File Cash/Surety Bond Forfeited Warran} Cleared by Arrest Interim Contlition for STANESCU, MIHAI - Jail or lockup Ramsey County Jail (Ramsey CounTy Adult Detention Center) - No contact with victim(s) Warrant Returnetl Correspontlence Sentencing (9:00 AM) Result: Held Criminal History Disposition has been processed Released Own Recognizartce Criminal History Disposiilon has been processed Released Own Recognizance Criminal Judgment and Warrant of Commitment Notice-Pay or Appear No Contact Order No Contact Order No Contaci Order Correspondence Correspondence Correspondence Released Own Recognizance Petition to Reinstate Cash/Surety Bond Forteiture Order for DNA Analysis Notice of Motion and Motion Affidavit-Other Ortler Reinstating Cash/Surety Bond Forteiture Hearing (3:03 PM) Result: Held Payment Plan F[NANCIAL INFORMATION http://pa.courtsstate.mn.us/CaseDetail.aspx?CaseID=672265971 4/2/2009 Page 4 of 4 356.00 (100.00) (100.00) 5,000.00 s,000.00 o.00 5,000.00 (5,000.00) 4,500.00 a,soo.00 b1�� 01/15/2009� Transaction Assessment 02/05/2009 Counter Payment 03/04/2009 Countet Payment Receipt # NB62-2009-01482 Receipt # N662-2009-02844 STANESCU, MIHAI STANESCU, MIHAI Surety Bontl Company ABSOLUTE BAIL BONDS, INC. Total Financiai Assessment Total Payments and Crediis Balanee Due as of 04/0?f2009 07l17(2008 Transaction Assessment 10/09/2008 Counter Payment Receipt k LEC62-2008-01143 01/28/200s Transaction Assessment 05/28/2009 Reduction by Jutlicial Order ABSOLUTE BAIL BONDS, INC. http://pa.courts.state.mn.us/CaseDetail.aspx?CaseID=672265971 4/2/2009 �r-�c�3 MINNESOTA STATUTES 2008 609.713 609.713 TERRORISTIC THREATS. Subdivision L Threaten violence; intent to terrorize. Whoever threatens, direcdy or indirectly, to commit any crime of violence with purpose to terrorize another or to cause evacuarion of a building, place of assembly, vehicle or faciliry of public transportation or otherwise to cause serious public inconvenience, or in a reckless disregard of the risk of causing such tenor or inconvenience may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both. As used in this subdivision, "crime of violence" has the meaning given "violent crime" in section 609.1095, subdivision 1, paragraph (d). Subd. 2. Communicates to terrorize. Whoever communicates to anothez with putpose to terrorize another or in reckless disregard of the risk of causing such tenor, that explosives or an explosive device or any incendiary device is present at a named place or location, whether or not the same is in fact present, may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $3,000, or both. Subd. 3. Display replica of Srearm. (a) Whoever displays, exhibits, brandishes, or otherwise employs a replica firearm or a BB gun in a threatening manner, may be sentenced to imprisonment for not more than one year and one day or to payment of a fine of not more than $3,000, or both, if, in doing so, the person either: (1) causes or attempts to cause terror in another person; or (2) acts in reckless disregazd of the risk of causing tenor in another person. (b) Far ptuposes of this subdivision: (1) "BB gun" means a device that fires or ejects a shot measuring .18 of an inch or less in diameter; and (2) "replica fireann" means a device or object that is not defined as a dangerous weapon, and that is a facsimile or toy version of, and reasonably appeazs to be a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, or any other firearm. The term replica fireazm includes, but is not limited to, devices or objects that aze designed to fire only blanks. History: ]971 c 845 s 19,-1988 c 712 s I5; 1990 c 461 s 3; 1993 c 326 art 4 s 34; 1994 c 636 art 2 s 45; art 3 s 23, 1995 c 244 s 24, 25; 1998 c 367 art 6 s I S Copyright d 2008 by the Revisor of Statutes, State oFMinnesota. Al( Rights Reserved. Chapter 376. Taxicabs* �?'�LP � Sec, 376.16. Tauicab driver's license. Page 1 of 4 (a) License required. Effective March 15, 1991, no person shall drive a taxicab, nor shall any owner or lessee of a taxicab alfow 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 othe� 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 noi 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. Whife within the city, the taxicab driver shall be required to observe ail of the applicable regulations and conditions of this section and shall have in possession and dispiay to any person upon demand the license certificate for the taxicab. {c) License application. Every appiicant for a taxicab driver's license sha11 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, 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 sworn to by the applicant. Prior to the issuance of tfie license, every licensee shall be photographed. The chief of police or his representative shall investigate each appiicant and shall fonvard the results of the application to the ficense 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 sha11 be as follows: (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 appiication for a license for the following offenses: Murder (Minn. Stat. §§609.185 to 609.195), manslaughter (§§ 609.20 to 609.205), criminal vehicular homicide and injury (§ 60921), assauit i--Iil (§§ 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 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 rehabilitation. httpJ/library3.municode.com/4472/DocView/1 006 1 /1/3 1 7/3 84?hilite=37616; 4/3/2009 Chapter 376. Taxicabs* Page 2 of 4 �'�(�P� � c.,y A person holding a Iicense on the effective date of this section (July 14, 2006) `�ill 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 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 law of another state or Minnesota law as amended. 3. Misdemeanor Reckless Driving under Minn. Stat. § 169.13, subd. 1, or similar !aw of another state or Minnesota law as amended; 4. Refusal to submit to a chemical test under Minn. Stat. § 169A20, subd. 2. 5. A person holding a license on the effective date of this section (July 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 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 iwo (2) moving violations in the last year. For renewal: No more than four (4) moving violations within the Iast 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 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 applicanYs driving record from that state. f. Upon submission of proof of suitabi�ity and evidence of insurability, the license inspector may waive one (1) or more of the requirements fisted 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 shall be deemed an abandonment of the licensee's right to such renewai. http://library3.municode.com/4472/DocView/10061/1/317/384?hilite=37616; 4/3/2009 Chapter 376. Taxicabs* Page 3 of 4 ay-+�r� (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. (f) Duty to exhibit license. Effective March 15, 1991, every taxicab driver while on duty shail display the front of his or her taxicab driver's license on the dashboard of the vehicle in a location read'+ly visible to passengers, which license dispiays the driver's photograpfi and license number on the front in a manner approved by the Iicense 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) Issuance of license. Each taxicab driver's Iicense 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 initiai fee in order to evenly distribute license expiration dates throughout the year. (h) Requirement ot 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 shail likewise be immediately suspended, revoked or canceled. No person shalf operate a taxicab without a valid Minnesota or Wisconsin driver's license. (i) Renewals. A taxicab driver's license shall be issued annually. The 4icense inspector may cause the renewal of a taxicab driver's license from year to year by appropriate endorsement upon the appiication for renewal and payment of an annual fee as set forth in Saint Paul Legislative 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 renewai 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. Q) Suspension, revocation and nonrenewaL A taxicab driver'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 Legisiative Code. When a taxicab driver's license has been revoked or suspended, it shali 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 shall not commence untii 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 shalt 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 Wisconsin driver's license or issuance of a limited license authorizing operation of a taxicab; provided, however, that suspension, cancellation or revocation of a Minnesota or Wisconsin driver's license due to refusat to submit to a legally 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 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?hilite=37616; 4/3/2009 Chapter 376. Taxicabs'�` Page 4 of 4 �'"( �P'J 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 wiil be driving a taxicab during the term of the limited license. No deviation from the schedule shall be permitted. In addition, the licensee shall personally furnish to the license inspector copies ot alI trip sheets for all shifts worked during the term of the limited license. (3) Any person holding a taxicab driver's license shail notify the department of safety and inspections immediately whenever he or she is convicted of an impaired driving offense. (4) Refusal 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, shali notify the department of safety and inspections immediatefy whenever he or she has a change oi 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- i23, § 1, 3-5-03; C.F. No. �4-187, § 1, 3-3-�4; G.F. No. �5-823, § 1, 9-25-�5; C.F. No. 06-461, § 1, 6- 14-06; C.F. No. 07-149, § 127, 3-28-07) http://library3.municode.com/4472/DocView/1006 1/1/3 1 7/384?hilite=37616; 4/3/2009