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10-246Council �11e # lG Green Sheet #'� CITY, OF Presented by RESOLUTIO(d PAUL, MiNNESOTA /� 1 WHEREAS, adverse action was taken against the Taxicab Driver license application submitted by 2 Abdullah Mohamed Halgan (License ID#20100000007) for the City of Saint Paul by Notice of Intent to 3 Deny License dated February 4, 2010, alleging that the licensee was convicted on Februazy 7, 2007, of 4 Felony Asylum Fraud in the Northern District of California; and 5 6 WHEREAS, pex Saint Paul Legislative Code §37616 (e)(4)(a), the licensing office recommended 7 license denial due to the fact that the licensee was convicted of a felony within five (5) years immediately S preceding license application; and 10 WHEREAS, licensee did not respond to the Notice of Intent to Deny License to request a public or I 1 administrative hearing oL withdraw his license application; and 12 13 WHEREAS, the Notice of Intent to Aeny License stated that if the licensee failed to request a 14 public or administrative hearing or withdraw his license application by Pebmary 15, 2010, that the matter 15 would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it 16 17 RE50LVED, that the Taxicab Driver license application submitted by Abdullah Mohamed Halgan 18 is hereby denied. Bostrom Cazter Thune Adopted by Council: Date �'�/�� Adoption Certified by Cou eil Secretary � BY: _�i� � � F ✓ Approved b oc ate . j /(p (p By: _�!��,�.�z�� Requested by Department of: °�-�(a (.�� `�vwa¢Zr.,G dv,S BY �dcl.� � '�,.c_ � CJ Form Appra By: � Foim � by Ciry Attorne�- -� � J to � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � l�� , DepartmenU�c¢/Council: Date Initiated: ; ;, S � _ Dept. of Safety & Inspectio�s ', 26 FEB 2010 ; Green Sheet NO: 3100397 '�; Contact Person 8 Phone: � Virginia D. Palmer 266-8710 � Assign Number For Routing Order U pePL Of SafetY & InSP_eMious _ � [ _ _ _ _ _ _ _ _ _ � _ _ _ �. ; Must Be on Counc� Agenda by (D te): �, 10-MAR-10��v-'��"1'�"� � , � � Doa Type: RESOWTION } E-Document Required: Y DocumentGOntact �ulie Waus ConWctPhone: 266-8776 i I Total # of Signature Pages _(Clip Ail Locations for Signature) Approval of the attached resolurion to take adverse acrion against the Taxicab Dtiver license application submitted by Abdullah Mohatned Halgan (License ID#20100000007) for the City of Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Mswer the Foiiowing Questions: 1. Nas this persoNfirm ever worked under a contract for this department? Yes No 2. Has this persoNSrm ever been a city employee? Yes No 3. Does this personffvm possess a skill not normally possessed by any current city empfoyee? Yes No Explain ail yes answers on separate sheet and attach to green sheet. Initiating ProBiem, lssues, Opportunity (Who, What, When, Where, Why�: Licensee was convicted on Febmazy 7, 2007, of Felony Aslyum Fraud in the Northern District of Califomia in violation of SPLC Section 37616 (e)(4)(a). After notification, the licensee did not respond to the Notice of Intent to Deny License. Advantages If Approved: License denial. Disadvantages If Approved: Disadvantages If Not Approved: ToWI Amount of Transaction: Funding Source: Financial Information: (Explain) Cost(Revenue Bud9eted: Activity Number: February 26, 2010 10:18 AM Page 1 10-246 sn[xr enuL � AOAA CITY OF SAINT PAUL ChristopherB. Coleman, Mayor OFFICE OF THE CITY ATTORNEY John J. Cho�, Gry Anomey Telephone. 651266-8770 Facsirrule: 651298-5619 February 4, 2010 CivtlDivrs�on 400 Ciry HaQ ISWest Ke(logg B(vd. Suint Paul, Minusot¢ 55702 NOTICE OF INTENT TO DENY LICENSE Abdullah Mohamed Halgan 45 De]os Street East, Apt. B St. Paul, MN 55107 RE: Taxicab Driver license application submitted by Abdullah Mohamed Halgan for the City of Saint Paul License ID #: 20100000007 Dear Mr. Halgan: The Department of Safety and Inspections (DSI) has recommended denial of the Taxicab Driver license application submitted by Abdullah Mohamed Halgan for the City of Saint Paul The basis for the recommendation is as follows: According to the United States District Court, District of Minnesota, Probation and Pretrial Services Offices, on February 7, 2007, you were convicted of Felony Asylum Fraud in the Northern District of California. You were sentenced to ten (10) months imprisonment followed by three (3) years supervised release which is due to expire on March 4, 2011. This is a violation of Saint Paul Legislative Code §376.16 (e) (4) (a) which states: "The licensee sha[l not be under sentence or have been discharged from senterzce for any felony conviction within fzve (5) years imrrzediately preceding application for a license..." Therefore, sou would not be eli¢ible to anpiv for a Talcicab Driver license in the Citv of Saint Paul until March 4, 2016. 10-246 Abdullah Mohamed Halgan February 4, 2010 Page 2 At this time, you have three options on how to proceed: Tf you 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 Monday, February 15, 2010. 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 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 taricab driver, or that you have been rehabilitated pursuant to Minn. Stat. §364.01 et seq, a hearing will be scheduled before an Administrative Law Sudge. At that heazing both you and the City wil] 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 send me a letter no later than Monday, February 15, 2010, and I will take the necessary steps to schedule the administrative heazing. 3. You may withdraw your license application. Send a written statement to that effect to the Department of Safety and Inspections (DSI), 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Monday, February 15, 2010. 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 Inspections. 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 matter will be placed on the City Council 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, � � /� `(��j/vZ�L� � C�l'�v� Virginia D. Palmer Assistant City Attorney cc: ✓Christine Rozek, Deputy Director of DSI STATE OF MINNESOT ^ � J SS COUNTY OF RAMSEY ) 10-246 AFFIDAVIT OF SL JICE BY U.S. MAIL Julie Kraus, being first duly swom, deposes and says that on the � day of February, she served the attached NOT'ICE OF INTENT TO DENY LICENSE by placing a true and coirect copy thereof in an envelope addressed as follows: Abdullah Mohamed Halgan 45 Delos Street East, Apt. B St. Paul, NIlV 55107 (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 � �� :i : �. Subscribed and swom to before me this �day of Februazy, 2010 � � �- �� P Notary Public � RITA /�A. 808SAR� 1qt� � •�M��CG pCP1RE8.UW.3t,2Q15 01/27/2010 01 42 FAX 657 848 1279 US PR�B/PRETRIAL STPAUL 1�-246 � 002/008 KE�'M D. (AwRY CdietProbazion Oifia� 300 S 4�h St.. 3w. �76 Mix�capoll5 MN SY415•131� 612-L64-5�00 FAX 612664-5350 Renlv to; St. Paul St. Paul City Attorney Attn: Julie RE: Halgan, Abduilahi Mohamed Docket No. 0$-CR-94 Supervision Deaz Iulie: J8Rll3i)+27, 2�1� 619 Bel¢emi Avc. Nw, S�e Ia0 Bcmidji MN 56601 d066 218J33-8050 Toll hee' !-A7'/-815-7531 FAX 21 H-333•PO51 I I B S Mi115t, 9m. 304 Fugus Palls MN 56537•2576 21&739-0041 or 612�6asa lo FAX218-939-0043 On February 7, 2007, Abdullahi Mohamed Halgan was convicted of felony Asylum Fraud in the Northem Disuict of Califomia. Mr. Halgan was sentenced to a term of 10 months imprisonment followed by 3 years supervised release. He began his term of supervised release in the District of Mlnnesota on Mazch 3, 20�8. Per your request, I've enclosed a copy of the Indictment for the above criminal conviction. Please contactme with any further questions, 651-848-1257. Sincere y �• Randell W, Nikula U.S. Paobation Officer , t� - ,� Encloswe UNITED STATES DISTRICT COURT DY5TRICT OF NIINrTESOTA PROBATION AND PRETRIAL SERVICES OFFTCE :..�� `: .`._. r�i�u: t ��' - p' 3l6NRoben5c,5m600 SISW1stSi.,S�e206 SIPaWMN55101•]a65 DuImhMN5390L1302 651-848•I270 2t&529-3550 FAXb.7�-848-I255 FAX21b539-35�6 SRN-27-2910 14�13 651 848 1278 97�: a a� Chapter 376. Taxicabs* Sec. 376.16. Taxicab driver's license. 10-246 p age 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 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 ciiy 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 {icense, 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 taxicab driver shaii be required to obseroe all of the applicable regulations and conditions of this section and shail 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 license shall file an appfication 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 the license, every licensee shall be photographed. The chief of police or his representative shall investigate each applicant and shall fonvard 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 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 convictian within the ten (10) years immediately preceding application 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 (§ 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 controlied 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 shail 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. http://libraryl.municode.com/4472/DocView/1 006 1/1/3 1 8/3 8 5?hilite=37616; 1/29/2010 Chapter 376. Taxicabs* 10-2Ab page 2 of 4 c. A person holding a �icense on the effective date of this section (July 14, 2006) wiil be disqualified from license renewal only for convictions that occur after the effective date of this section. However, no licensee will be eligibie 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 foilowing offenses invofving injury or death; no conviction in the last three (3) years for any ofi 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. § t69A.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 iaw of another state or Minnesota law as amended; 4. Refusai to submit to a chemical test under Minn. Stat. § 169A.20, subd. 2. 5. A person holding a Iicense on the effective date of this section (July 14, 2006) wiii be disqualified from license renewal only for convictions that occur after the effective date of this section. However, no licensee will be eligibie 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 invoive injury or death. b. No prior license revocation within one year immediately preceding appiication as defined in Minn. Stat. § 169A.03, subd 21. c. For originai 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 vio(ations 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 inciude 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 appiication shall submit a copy of that applicant's driving record from that state. f. Upon submission of proof of suitabiiity and evidence of insurability, the license 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 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 renewal. http:/Qibraryl.municode.com/4472/DocView/1 006 1 /1 /3 1 8/3 8 5?hilite=37616; 1/29/2010 Chapter 376. Taxicabs* 10-246 page 3 of 4 (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 compieted 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 successful4y completed the taxicab driver training course as set forth in section 376.17. (fl 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 police offiicer may order the licensee to discontinue operations unti� such time as the licensee has a license in possession. (g) lssuance oflicense. Each taxicab driver's license shall have upon it a number by which the license shall be designated, a photograph of the ficensee, 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 ficense 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 shall iikewise be immediatefy 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 annuaily. 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 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 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. Q) Suspension, revocation and nonrenewaL A taxicab driver's license may be revoked, suspended or not renewed by the ficense 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 license has been revoked or suspended, it shafl immediateiy 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 efapsed, that period of time shall 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 shali 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, canceilation or revocation of a Minnesota or Wisconsin driver's license due to refusal to submit to a legally required blood aicohol test under the state implied consent statute shal! 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:1/libraryl.municode.com14472JDocViewI10061/1/318f385?hilite=37616; 1/29/2010 Chapter 376. Taxicabs* 10-246 page 4 of 4 time, the iicensee shali turnish to the ficense 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 licensee 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 Iicense shall 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 faiiure to pass a chemicai 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 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. 05-823, § 1, 9-28-05; G.F. No. 06-461, § 1, 6- 14-06; C.F. No. 07-149, § 127, 3-28-07) http://libraryl.municode.coml4472/DocView/10061/1131$f385?hilite=37616; 1/2912010