10-359Council File # (�—
Green Sheet #� � ��i a S(�j
RESOLUTION
Presented by
PAUL, MINNESOTA
�D
1 WHEREAS, adverse action was taken against the Tasicab Driver (Provisional) license application
2 submitted by Joel A. Haggenmiller (License ID#20080004378) for the City of Saint Paul by Notice of
3 Intent to Deny License dated Mazch 16, 2010, alleging that the licensee was convicted June 14, 2007 of
4 Misdemeanor-Domestic Abuse – Violate Order of Protection, Minn. Stat. §518B.01.14(b) and on April 22,
5 2008, of Misdemeanor Disorderly Conduct – OffensivelAbusive/Noisy/Obscene, Minn. Stat. §609.72.]
6 (3); and
7
8 WHEREAS, the licensee was dischazged from probation for the two misdemeanor convictions on
9 May 15, 2009 and Apri122, 2009, respectively; and
10
11 WHEREAS, per Saint Paul Legislative Code §376.16 (e)(4)(a), the licensing office recommended
12 license denial due to the fact that the licensee was discharged from probation within three (3) years
13 immediately preceding license application; and
14
15
16
17
18
19
20
21
22
23
WHEREAS, licensee responded to the Notice of Intent to Deny License to request a public heazing
which was held on Apri17, 2010; now, therefore, be it
RESOLVED, that the Taxicab Driver (Provisional) license application submitted by Joel A.
Haggenmiller is hereby denied.
This resolution, and action taken above, is based upon facts contained in the March 16, 2010,
Notice of Intent to Deny License sent to the licensee and the arguments made at the public hearing on April
7, 2010.
Bosffom
Carter
Stark
Adopted by Council: Date
CITY o
✓
✓
✓
�
Adoption Cert b Council ecietazy
BY� / / /i�/,!i./�-!/�ivSr7//
Approve ay � ate � ZU v
By:
by Department of:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
,DepartmeM/Office/Council: � Datelnitiated: � `
' SI _Dept.ofSafety&Inspections j 19MAR2010 �'; GCP.eII Sheet NO 3103256
� Confact Person & Phone:
' Vrpinia D. Palmer
266-8710
; Must Be on Counci genda by (�D�at -\ �
'� 07-APR-10 �j;�I tG �-1 _',
'�, Doa Type: RESOLUTION '�
i
E-Document Required: Y
Document ContaM: �ulie Kraus
Contact Phone: 266-8776
y �
Assign �
Number i
For I
Routing i
Order
Total # of Signature Pages _(Clip All Locations for Signature)
0
1
2
3
4
5
�
Approval of the attached resolution to take adverse action against the Tasicab Driver (Provisional) license application submitted by
Joel A. Haggenmiller (License ID#20080004378) for the Ciry of Saint Paul.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contreds Must Answer the Following Questions:
1. Has this person/firm ever worked under a coniract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Dces fhis personlFirm possess a skill not normally possessed by any
current city employee?
Yes No
Explain ali yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee was dischazged from probation for two (2) misdemeanor convictions within three (3) years preceding license application in
violaUon of SPLC Sec6on 376.16 (e) (4) (a). After norification, licensee requested a public hearing.
AdvanWges If Approved:
License denial
Disadvantages If Approved:
Disadvantages If Not Approved:
Total Amount of
Trensaction:
Funding Source:
Financial Informatio�:
(Explain)
CostlRevenue Budgeted:
Activity Number:
March 19, 2010 10:31 AM Page 1
OFFiCE OF THE CITY ATTORNEY
John Choi, Ciry Attomey
lo - 3�I
SAIHS
PA � L CITY OF SAINT PAUL
� Chnstopher 8. Coleman, Mayor
AAAA
Mazch 22, 2010
Civil Division
400 City Hafl
15 West Kellogg Blvd.
Saint Paul, Minnesota 55702
Telephon e: 651266-87 f 0
Facsrmile: 651 298-5619
NOTICE OF COUNCIL HEARING
Joel A. Haggenmiller
143 Forbes Avenue
St. Paul, MN 55102
RE: Ta�cicab Driver (Provisional) license application submitted by Joel A. Haggenmiller for the
City of Saint Paul
License ID #: 20080004378
Dear Mr. Haggenmiller:
Please take notice that this matter has been set on the Public Hearing Agenda for the City Council
meeting scheduled for Wednesday, Apri17, 2010, at 5:30 p.m., in the City Council Chambers, Third Floor,
Saint Paul City Hall and Ramsey County Courthouse.
Enclosed are copies of the proposed resolution and other documents which will be presented to the
City Council for their consideration. This is an uncontested matter concerning the fact that you were
discharged from probation for two misdemeanor convictions within three (3) yeazs preceding license
application in violation of Saint Paul I.egislative Code §376.16(e)(4)(a). This matter has been placed on the
public heazing agenda portion of the City Council meeting during which public discussion is allowed. The
licensing office will recommend denial of your Ta�cicab Driver (Provisional) license.
If there is anv information vou would like Citv Council to review prior to the uublic hearine I
will need to receive it no later than Mondav, March 29 2010.
Very truly yours, ��
���,�,���!P-��`
VirginYa D. Palmer
Assistant City Attorney
cc: Christine Rozek, Deputy Director of DSI
Mary Erickson, Council Secretary
Rich Jents, DSI
Affirmauve Action Fqual Opportunity Employer
UNCONTESTED LICENSE MATTER
Licensee Name:
Address:
Council Date:
Joel A. Haggenmiller
143 Forbes Avenue
Saint Paul, MN 55102
Wednesday, April 7, 2010 at 5:30 p.m.
ld-3�
Violation: Licensee was discharged from probation for two
misdemeanor convictions within three (3) years of license
application in violation of Saint Paul Legislative Code
§376.16 (e) (4) (a).
Dates of Violation: Apri122, 2009 & May 15, 2009
Recommendation of Assistant City Attorney on behalf of client, Department of
Safety and Inspections:
Denial of Taxicab Driver (Provisional) license
Attachments:
1. Proposed resolution
2. Copies of ECLIPS screens dated 3/S/10
3. Tu�icab Driver License Application dated 2/24/10
4. Receipt for License Application dated 2/24/104.
5. Register of Actions (Case No. 62-K9-07-000778) dated 3/19/10
6. Register of Actions (Case No. Ol-CR-07-271) dated 3/19/10
7. Notice of Intent to Deny License with Affidavit of Service dated 3/16/10
8. Letter from licensee requesting a public hearing dated 3/18/10
9. Saint Paul Legislative Code §376.16 (e) (4) (a)
10. Minn. Stat. §518B.01.14 (b) (2009)
11. Minn. Stat. §609.72.1(3) (2009)
L,;.ense Group Comments Tezt
Licensee: JOEI A HAGGENMILLER
� JOELAHAGGENMILLER
License #: 20080004378
03/08l20'10
lv-3��
03/OS/20'10 To CAO for review of record check. CAO to process for denial rf record check �s not approved by the CAO. CAR
Address Licensee � CorRact � License � Cardholder �
Licensee Name: OEL A HAGGENMILLER
DBA: JOAN A HAGGENMILLER
Sales Tax Id: ��
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License
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� Licensee � Lic. Types
Licensee OEL A HAGGEMM{LLER
DBA OEL A HAGGENMILLER
� Insurance � Bond � Requiremerhs �
"' Praperty �' Licensee �` Unofficial
�----�------
Street #: �143
SYreet Mame: ORBES
Street Type: AVE Direction: �
Unit Ind: �� Unit #: ��
City: T P.�UL
State: �� Zip: 55102
Ward: � Brouvse
Dist Council: �9
Project Facilitator: ZANGS, LAWRENCE (LARRY) T
Adve Action C om me r�ts
3I092009 Cancel per Inspector Rich Jer�ts for failure to
end classes. RJMRD
License Group Commetits:
]8t2010 To CAO for review of record check. CAO to
�ess for denial if record check is not approved by
CAO. CAR
Licensee: OEL A HAGGENMILLER Licensee
DBA: OEL A HAGGENMILLER Commerrts:
Sales Tax Id: Bus Phone: )-
axicab Driver (Provisional)
axicab priver [Provisional)
Cia�s Eff�ue E��tion �ondidarrs
R ! 12ro1 C2008 03N8t2009 ! N
R 02t24f�d10 DSt24C2010 N
TBtel:
ise Fee I
$40.00
$43.d0
$83.�Dtb
____ _ __
Lic�ns� # 80004378 Sava Changes to History � � , ����� ��
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License Licensee
Licensee Name: �1C
DBA: �C
Sales Tax Id: �
AA Contract Rec'd: �0
AA Fee Collected: �
Other Aaencv Licenses
� Licensee OEL A HAGGENMILLER
�;t�` e
-s��-� DBA OEL A HAGGENMILLER
� Lic. Types � Insurance � Bond � Requirements �
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Properties... 3
R HAGGENMILLER
A HAG GENMILLER
Non-Profit: r dVorker's Comp: O�D010000
r1J0�0 AA Training Rec'd: ONON0�0
N�00 Discourd Rec'd: �
Name i License
Financiai Hold Reaso
ircense # Expiration Reason Active Date
Corrtacts for this Licensee
Ad dr. Type ,4ctive Ir�ctiWe �as� Name First IVame Tiqe Bus. P hone
Business�M12A01 t�0�8DONOl000fHAGGENMILLER JOEL TA3tICAB DRI� (}�
Background Chack Required � �,p��} pp,ppg�i�.._ �
Lic��ryre t�
Sa�e Changes to History
------Mail License To: --
H �*' Mail To Cardact
(651 i License Addres;
�Mail Invoice To: ---
4 �� Mail To Corrtact
;�;, �` License Addres:
�`�' — -- ----
C�ncei ° He1p
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'� �." � '�� � Licensee OEL A HAGGENMILLER
� '� �"�� � � � � �$��� DBA OEL A HAGGENMILLEft
License � Licensee � Lic. Types � Insurance � Bond Requiremerds �
License Type: axicab Driver (ProvisionalJ q� � Delete
� ._.-- __._
OF{ Requirement
❑ Racord Check - Driving
�,Applicard Photo
�License ApplicationlAffidavit
_
�.Copy af State of MN Driver License
License Group Canditions:
ApprD+ral
OOAJONO��
02C14t2010 Ikk
02f24t2010 Ikk
02t24�2010 Ikk
Lic�nse r�
�ave �nanges to rtistory
Approved By Concfi�ans
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...�....�.�_,...__�___..
�t Cancel � `H�I�
l6-�S %
TAXICAB DRIVER
� LICENSE APPLICATION
THIS APPLICATION tS SUBJECTTO REVIEW BY THE PL'BLIC
PLEASE TYPE OR PRINT M MK
+.�r
Applicant Information
Name and Title:_ . � D P � �`! {�is,� � G�%at'� /L�, //
Fist Middle (Maiden) � Last
Home
CITY OF SAINT PAUL
Department of Safery
and Inspea�orts
375 Jackson Screet, Sw�e 220
Samt Paul, Mmnesota 5510l-1806
(65 p 266-9090 Fax (651) 266-9124
�Veb www sryaul gov/ds�
Mail To Address (if different than home
� r, L� Y!
Tille
��w I ��'S/a�
City State Z�p+4
� SVee[ (#, Narne, 7'ype Direction) Ciry Stare Zip+4
Home Phone: ^� !`���ate of Birth: /�lblPlace of Birth: - C� ��/
Driver's License #: ( � ��Y �1,� � ��ll� Expiration Date: ��,G �
Name and Address of cab company you wil l be driving for. /� �Z�( O�L (', � J/' C t /
Do you own or lease the cab you drive? /�rr`` J"�
What is the lease rate you pay to operate the cab? �
� Las� ��
Previous residence (past 5 years) -r,c.�l�� A
�I��C � �oV�
Date I Street address � City � County � State � Zip Code
S[reet (#, Name, Type D�recuon)
�
�
ANY FALSIFICATION OF ANSWERS GIVEN OR MATERIAI. SUBYIITTED C �� 3 � G J
WILL RESULT FN DENIAL OF THIS APPLICATION
I hereby state that I have answered all of the preceding questions and that the information contained herein is
true and correct to the best of my knowledge and belie£ I hereby authorize the Saint Pau] Police Department to
use the information I have provided to check criminal histories, arrest records, and warrant information; and for
the Police Department to provide these records to the Department of Safety and Inspections (DSI) to determine
my eligibility for a ta.zicab driver license. I understand that the information contained in the criminal
background investigation is confidential, except that it may be conveyed to other law enforcement or licensing
agencies. I also hereby state that I have read and understand the rules nd regulations set forth in Chapter
376.I6 (Taxicab Driver's License of the Saint Paul Legislativ Code�in5} Chp¢� 376.17 (Ta7cicab Driver
Training Course of the Saint Paul Legislative Cod�j� ,� ��l� n ��� n ,�� ;ti
Signature (REQUIRED for all applications)
Date
�.�.�d ��aooa
All applicants must preseni the following documents at time
-Valid State of Minnesota Driver's License
For drivers who have been licensed out of state in the last five (5) years: you must provide an official copy of your
driving record for the last 5 years from [he Departmeni(s) of Transportation in the state(s) in which you were
licensed.
Preferred methods of communication fr�om this o�ce (please rank in order of p - Al" is most prePerred):
Phone Number with area code: f.% �� )�� �/ �`"f �/ ( Extension
(Qrcle the type of phone number you have lis[ed above�: Business HOme Cell F2X Pagei
Phone Number wi[h area code: ( 1 Ex[ension
(Circle the type of phone number you have listed above):
Mail:
Street (k, Name, Type, Direction)
Internet:
E-Mail Address
Business Home Celt Fax Pager
State Zip+4
City
Cost, payable at the time of application: �18�'.00 fo�r the license fee for a period of one yeaz. There will be an additional cost for the
required training classes, payable directly to Hennepin Technical College, which provides the instruction.
Nate: A copy of tbe Hudsods Twin Citv Street Atias is required for the tazicab driver training course.
We will accept payment by cash, check (made payable to City of Saint Paul) or approved credit card.
PAY7NG BY CREDIT CARD PLEASE COMPLETE THE FOLLOWING INFORMATION: cam
PIRATION DATE: ACCOUNT NUMBER:
.... .. . .... ....
all charges) Date
of
/� - ��i
R�CEIPT FOR LICENSE `PLICATION CITY OF SAINT PAUL
� Department of Safety and Inspections
375 Jackson Street, Suite 220
Date Receipt Prinfed: Feb 24, 20�0 Saint Paui, Minnesota 55107-�606
� Phone (657) 266-8989 Fax� (651) 26E9124
� License ID: 20080004378 wy✓w.stpaul-govPosi
Received From:
JOEL A HAGGENMI�LER
143 FORBES AVE
ST PAUL MN 55102
In aoolication for:
Tazicab Driver (Provisional) (1)
Conditions:
Feb 24, 2010
There are no conditions placed on this license at this time.
Unmet Reauirements: ,
RecwtlChe^JC-Cmm�nalH�stwy . -
Y b �
., ,_
..,
Total Due on this appiication Sa3.0�
Other Fees Owed 50.00
Account ToWI Amount Due 543.00
Amount Paid Sa3.00
Outstanding Account Balance Due g0.00
License � License ! Amount � Balance on
Status N Fee s Paid This License ��
Pending $43.00 $43.00 $0.00
Proiect Facilitator.
LAWRENCE (LARRY) Z. (651) 266-9083
Insoectorisl:
RICHARD (RICH) J. License Inspector (65'I) 266-911fi
1
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RecortlCheck-Dnvi�g . �. � ��
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This is not a License to operate
NOTICE - The license(s) you have app(ied for may require you to pay an additional
Environmental Health Change of Ownership fee or Environmental Hea/th Plan Review/Remodeling fee.
If any of these fees a�e required, a separate invoice for the amount due will be sent to you.
Page 1 of 3
�� " ��
Logout Seamh Menu New Crimmai;Traffic.'Pettv Search Sack
REGISTER OF ACTIONS
Cnse No. 62-K9-07-000778
The State of Minnesota vs. JOEL ANTHONY HAGGENMILLER, §
[5/ioisos-�2o�os� §
§
§
§
Lccaticn : All MNCIS Sites - Cass Search �elp
Case Type: Gross Misdemeanor
Date Filetl: 03l05/2007
Ramsey
Location: CriminaViraffic/Petty
Downtown
PARTY INFORMATION
Defendant HAGGENMILLER, JOEL ANTHONV Male
ST PAUL, MN 55107 12/15/1972
Lead Attorneys
KUBISTA, NIGOLE JO
Public Defender
Jurisdiction State of Minnesota
DEWOLF. MARIA ANA
CHARGE INFORMATION
Charges: HAGGENMIILER, JOEI ANTHONY
7. Harassment-Repeatedly Make Telephone Calls
2. Domesiic Abuse - Violate Order for Protection-
Misdemeanor
3. Domestic Abuse - Violate Order tor Protection-
Misdemeanor
4. Domestic Abuse - Violate Order for Qrotection-
Misdemeanor
5. Domestic Abuse - Violate Order for Protection-
Misdemeanor
Statute Levei Date
609.7492(a)(4) Converted: Offense L10/16/2006
518B.01.14(b) Misdemeanor 10/16/2006
518B.01.74(b)
518B.01.14(b)
5788.01.74(b)
Misdemeanor 10/16/2006
Misdemeanor 10/i6/2006
Misdemeanor 10/16/2006
EVENTS & ORDERS OF THE COURT
04/10/2007
04/70/2007
04/�0/2007
04/10/2007
04/30/2007
O6/14/2007
O6/t4/20o7
O6/7 4/2007
06/74/2007 I
DISPOSITIONS
Plea (Judicial Officer: Judge, Presiding)
, 1 HarassmenbRepeatedly Make Telephone Calis
Not guilty
I, Plea (JUdicial Officer. Judge, Presiding)
' 3. Domestic Abuse - Violate Order tor Protection-Misdemeanor
Not gwlty
Plea (Judicial Officer Judge, Presiding)
4. Domestic Abuse - Violate Ortler for Protection-Misdemeanor
Not guilty
Plea (Judicial Officer: Judge, Presiding)
5. Domestic Abuse - Violate Order for Protection-Misdemeanor
Not guiity
Plea (Judicial Officer: Judge, Presiding)
2. Domestic Abuse - Violate Orc1er for Protection-Misdemeanor
Guilty
Disposition (Jutlicial Officer: Judge, Presiding)
1. Harassment-Repeatedly Make Telephone Calls
Dismissed
Disposition (Judicial Officer: Judge, Presiding)
2 Domestic Abuse - Violate Order for Protection-Misdemeanor
Convicted
Disposition (Judicial Officer: Judge, Presiding)
3. Domestic Abuse - Violate Order for Protection-Misdemeanor
Dismissetl
Disposition (Judicial Officer: Judge, Presiding)
4. Domestic Abuse - Vioiate Order for Proteciion-Misdemeanor
Dismissed
http:llpa.courtsstate.mn.uslCaseDetail.aspx?CaseID=672341834 3/19I2010
Page 2 of 3
06/14/2007
O6i74;2007
05/15/2008
Disposition (Judicial Officer: Judge, Presid�ng)
5. Domestic Abuse - Violate Order for Protection-Mistlemeanor
Dismissed
Converted TCIS Crimina/5entence ;JUdicialOff�cer: Leary. Nil6am H. i!l)
2 Dom,esuc Abuse - Vrolate Order ior Protecuon-Prlisdeme2nor
10i76.�2006 (IvISD) 5188.Oi.14(o) (�78B01146)
=zxeeY Co:_ :rY t....� :ccse
..W SPy i �. ?�JP� C:Or i.:::CE
: �7. ��o=y .^.. La�n, 5eh✓or
Converted Disposr!ion:
...... men ,..
� �� .
9p r)l,v,S >., ..,, ..� t ya P.,. Si?'v 1�lCg !D; SSG•; �*"C/',Z., ..._
C=,S(3;H7i(':; De', 1%�' i;?fPi�Of; CO:J:" N::Yn:V N%; "r.'✓f.l, �..
Convzrted Disposivon.
7-onourcac: �., �ays
Cr.:�finea�e:c iPCIC_ ._J�c%:23_
__.;ca�-on: _ Yeare
_ �pbdr.or .. _�. .�:Gc �'t "G
�b-c;c:c:a=`� _ :J'r.v= _
�crRC.�'] OL SC _ `_'PCZS
P:OC 'PYPC: q_UE:v:cPC
Converted Dispos�GOn:
._z.ed: SS;G�..,�
'.ne ..��zYer: >cg5,...,,.
5:1."rnary<-+� ;4.G..
ConveRed Disposifion:
.c:er Couz` 'rov�sio,s:
'3? _.,c � ;c: or Co=:s
�„�. Cracat :i�cimc d.vd
Amended Sentenced (JUdicial Officer: Leary, William H., Iil) Reason� Probation Violation
2. Domestic Abuse - Violate Order for Protection-Misdemeanor
10/76/2006 (MSD) 518B.0�.14(b) (518B0714b)
Local Confinement:
Agency: Ramsey County Correctional Facility
Term:15 Days
Time To Serve: 75 Days
Duration: O5/29/2008 9:00 AM
Stay 0 Yr 0 Mo 0 Days
Credit For Time Served: 3 Days
Serve As:
Home Detention/Electronic Monitoring (If Eligible)
Work Release (If Eligible)
Sentence To Serve (If Eligible)
Status: Active 05/75/2008
Probation Office
90 DAYS & 55000 SE 1 YR PO: SRV 1D/CR 1D; $50+; UTC/LA; MH
CLSG/RECS; DA CLSG/RECS; FT EMPLOY; CONT W/PAIV MH EVAL LA
Probation: 1 Years
Probation NCIC: MN062013G - Aamsey Co.
Conditional: 1 Days
Length of Stay: 1 Years
Probation Type: Supervised
Converted Disposition:
Fined: $5000.00
Fine Stayed: $4950.00
Surcharge: $78.00
Converted Disposition:
Other Court Provisions:
338: Fine and/or Costs
365: Credit w/time Srvd
542: Obey All Laws/GOOd Behvor
Converted Disposition:
Comments:
Converted Disposition:
PronounCed: 90 Days
Confinement NCIC: MN062023C - Ramsey County Workhouse
OTHER EVENTS AND AEARINGS
03/05/2007 DOC-Document Filed (Judiciai Officer: Judge, Presiding )
03/OS/2007 FLD-Case Filed (Judicial Officer: Judge, Presitling )
03/OS/2007 WAR-Warrant issued (Jutlicial Officer: DeCourcy, Michael T. )
l0 � 3��
http://pa.courts.state.mn.us/CaseDetail.aspx?CaseID=672341834 3/19/2010
Page 3 of 3
03/20/2007
03/20/2007
03/20/2007
03/21l2007
04/02/2007
04/70/2007
04/30J2007
04/30/2007
04/30/20D7
04/30/2007
O6/14/2007
06/14/2007
06/74/2007
osnaizoo�
osn sizoo�
06/18/2007
OS/14/2007
08/14/2007
OS/74/2007
09/17/2007
09/20/2007
09/24/2007
10/OS/2007
OSl13/2008
OS/13/2008
OS/13/2008
05/15/2008
05/15/2008
05/15/2008
O5/15/2008
OS/75/2008
05/15/2008
06/14/2077
OR�-Order (Judicial OHicer. Judge, Presiding )
WRD-Warrant Returned (JUdicial Officer. Administrative, Calendar )
tst Appearance DisVict Court (8:30 AM) (Judicial Officer Mott, J. Thomas)
Result: Converted Activity Status Flag Occufred
BND•Bontl (Judicial Officer: Administrative, Calendar )
DOC�Document Filed (Judicial Officer: Judge, Presiding )
Omni6us Hearing (9:00 AM) (Judiciai Officer Leary, William H., Iil)
Result: Converted Activity Status Flag Occurred
PSO•PreSentence Investigation Ordered (Jutliciai Officer: Judge, Presiding )
PTN-Petition (Judicial Offcer: Jutlge, Presiding )
CANCELED Jury Trial (9:00 AM) (Judicial Officer Leary, William H., III)
Othe�
Plea Hearing (9:00 AM) (Judicial Officer Leary, Wiliiam H., III)
Result: Converted Activity Status Flag Occurred
BDR-Bond Review (Judicial O�cer: Judge, Presidmg )
DOC-Document Filetl (Judicial Officer: Judge, Presiding )
Sentencing (9:00 AM) (Judicial Officer Leary, William H., III)
Result: Converted Activity Status Fiag Occurretl
Unpaid Fines Hearing (10:17 AM) (Judicial Officer Nott, Sara)
Result: Converted Activity Status Flag Occurred
CLO-Closed (Judiaal Officer. Judge, Presiding )
CRS-Correspondence (Judiaal Officer: Jutlge, Presiding )
CLO-Closed (Judicial Officer. Judge, Presiding )
PPY-Partiai Payment (.ludicial Officer: Judge, Presiding )
Unpaid Fines Hearing (828 AM) (Judicial Officer Archer, Pete)
Resuli: Converted Activity Status Fiag Occurred
Unpaid Fines Hearing (9:22 AM) (Judiciai OfficerAbou-Karam, Medhat)
Result: Converted Activity Status Flag Occurretl
CLO-Closed (Judiciai Officer: Jutlge, Presiding )
PPY-Partial Payment (JUdicial O�cer: Judge, Presiding )
PIF-Paid in Full (Judicial Officer: Judge, Presiding )
Criminal History Disposition has been processed
Other pocument
Memorandum
Probation Violation Hearing (9:00 AM) (Judicial Officer Leary, William H., III)
Result: Held
Criminal Judgment and Warrant of Commitment (Jutliciai Officer: Leary, William H., III )
Probation Violation Admitted (Judicial Officer: Leary, William H., III )
Criminal History Disposition has been processed
Discharge from Probation (Judiciai Officer: Leary, William H., III )
Criminal History Disposition has been processed
Converted Pending Activity (Judicial Officer: Judge, Presiding )
/0 � 3S�
FINANCIAL INFORMATION �
Defendant HAGGENMILLER, JOEL ANTHONY
Total Financial Assessment
Total Payments and Credits
Balance Due as of 03/19/2010
06/14/2007
08/14/2007
09/24/2007
10/O8/2007
Transaction
Assessment
Converted Payment
Converted Payment
Converted Payment
Receipt # 07072979
Receipt # 07075713
Receipt # 07016005
128.00
728.00
0.00
128.00
HAGGENMILLER, JOEL ANTHONY, [5/�016 (50.00)
HAGGENMILLER, JOEL ANTHONY, [5/1016 (40.00)
HAGGENMILLER, JOEL ANTHONY, [5/7076 (38.00)
http://pa.courts.state.mn.us/CaseDetail.aspx?CaseID=672341834 3/19/2010
Page 1 of 2
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�D'3LJGf
Lccaiion All MNClS Sites - Case Seamh 4elp
REGISTER OF ACTIONS
Cnse No. Ol-CR-07-271
State of Minnesota vs Joel Anthony Haggenmiller
Case Type: Crim/1'ref Mandatory
Date Filed: 06129/2007
Location: Aitkin
Judicial Officer: Solien, John R.
PARTYINFORMA770N
Defendant Haggenmiller, Joel Anthony
St. Paui, MN 55107
Male
72/15/1972
Lead Attomeys
DUBOIS, JOSH ALAN
Public Defender
Jurisdiction The State of Minnesota
RAKOTZ, LISA ROGGENKF
CHARGEINFORMATION
Charges: Haggenmiller, Joel qnthony
1. Harassment-Stalking-Intent to Injure (NOt applicable -
GOC)
2. Disorderly Conduct-Offensive/AbusiveMOisy/Obscene
(Not applicable - GOC)
Statute
609.7492(a)(1)
609.72.1(3)
Level Date
Gross Misdemeanor 06/27/2007
Misdemeanor 06/27/2007
E VENTS & ORDERS OF THE COURT
72/11/2007
04/22/2008
04/22/2008
04/22/2008
DISPOSITIONS
Plea (Judicial Oificer: Solien, John R.)
1. Harassment-Stalking-Intent to Injure (NOt applicable - GOC)
Not guiliy
I Alea (Judicia! Off�cer: So7ien, John R.)
2. Disorderly Conduct-Offensive/Abusive/NOisy/Obscene (Not applicable - GOC)
Guilty
Disposition (Judicial Officer: Solien, John R.)
t. Harassment-Stalking-Intent to Injure (NOt applicable - GOC)
Dismissed
2. Disorderly Conduc40ffensive/Abusive/Noisy/Obscene (Not applicable - GOC)
Convicted
Sentenced (Judicial Officer: Solien, John R.)
2. Disorderly Conduct-Offensive/AbusiveMOisy/Obscene (NOi applicable - GOC)
osi2�/2o0� �MS�� sos.�2.i�s� �sos�2is>
Condition - Adult:
1. Conditions, other, 04/22/2008, Aciive 04/22/2008
2. No contact with victim(s), 04/22/2008, Active 04/22/2008
3. No same or similar, 04/22/2008, Active 04/22/2008
Comment. complete anger assessment/follow recs
Fees - Adult: (G2nd Total: $155.00)
Due Wiihin 7 Yr
Fine: $1,000.00
Fees: (FeesTOtal: $705.00)
Criminal Surcharge: $72.00
Law Library: $5.00
Public Defender Fee: $28.00
Stay of $950.00 for 7 Yr
Comment: $50/mo pymts start 5-22-08
Local Confinement:
Agency: Aitkin County Jail
Term: 90 Days
Time To Serve: 3 Days
Stay 0 Yf 0 Mo 87 Days Fof 1 Yf
http://pa.courtsstate.mn.us/CaseDetail.aspx?CaseID=1611052262 3/19/2010
Page 2 of 2
/0-3�j
O6/29/2007
O6/29/2007
06/29/2007
osizsi2oo�
07/03/2007
07/03/2007
07/03/2007
07/03/2007
09/10/2007
09/70/2007
72/11/2007
04/22/2008
04/28/2008
OS/OS/2008
05/OS/2008
OS/06/2008
04/21/2009
Credit ForTime Served: 3 Days
Status: Active 04/22/2008
Probation - Aduit:
Type: Probation to the Court
Agency: Aitkin District Court
Tertn of t Yr
04/22/2008 - 04/2272009
Status: Active 04/22/2008
OTHER EVENTS AND HEARINGS
Compiaint-Order for Detention (Judicial Officer: Solien, John R. )
Initiai Appearanee - Rule 8(17:30 AM) (Judicial Officer Solien, John R.)
Result: Held
Appiication for Public Defender
Interim Contlition for Haggenmiller, Joel Anthony
- Forteit weapons
- Keep court/attorney informed of current address
- No contact with victim(s)
- Released on own recognizance
- Remain law-abiding
- Make ail future court appearances
- Make and maintain contact with attorney
Discovery Disciosure
Requestfor Disclosure
Correspontlence
Affitlavit of Service
Hearing (3:00 PM) (Judicial Offcer Solien, John R.)
08/20/2007 Reset by Court to 09/10/2007
Result: Held
Notice ot Motion and Motion
Plea Hearing (70:30 AM) (Judicial Officer Solien, John R.)
Resuli: Held
Witness List
Sentencing (1:30 PM) (Judicial Officer Solien, John R.)
Result: Held
CANCELED Jury Trial (9:00 AM) (JUdicial OfficerTenEyck, Davitl J.)
Settled
Criminal History Disposition has been processed
Criminal Judgment and Warrant of Commitment (Judicial Oificer: Solien, John R. )
AssessmenVEvaluation Report
Case Closetl
FINANCIAL INFORMATION
Defendant Haggenmiller, Joel Anthony
Total Financial Assessment
Totai Payments and Credits
Balance Due as of 03/19/2010
05/OS/2008
02/23/2009
Transaction
Assessment
Phone Payment Receipt # 0001-2009-00977
155.00
155.00
0.00
155.00
Tina Pratt - Calletl in by Joei Haggenmiller (155.00)
http://pa.courts.state.mn.us/CaseDetail.aspx?CaseID=1 6 1 1052262
3/19/2010
/D'��j
SAtNS
PAUL
�
Al1AA
CITY OF SAINT PAUL
Chns�opherB Colemun,Mayor
OFFICE OF THE CITY ATTORNEY
John J Clwi, GryAttomey
Telephone.�651 266-8770
Facsimile� 651 298-5679
March 16, 2010
Cmd Divis�on
400 C�ry Hall
]5 Wesr Ke(logg B(vd
Satnt Pau{ Mmneso[a 55/02
NOTICE OF INTENT TO DENY LICENSE
Joel A. Haggenmiller
143 Forbes Avenue
St. Pau1, MN 55102
RE: Taxicab Driver (Provisional) license application submitted by Joel A. Haggenmiller for the
City of Saint Paul
License ID #: 20080004378
Dear Mr. Haggenmiller:
The Department of Safety and Inspections (DSI) has recommended denial of the Taxicab Driver
(Provisional) license application submitted by Joel A. Haggenmiller for the City of Saint Paul. The
basis for the recommendation is as follows:
During a routine criminal hfstory check for your license application, DSI discovered
that on June i4, 2007, you were convicted of Misdemeanor pomestic Abuse —
Violate Order for Protection (Minn. Stat. §518B.01.14(b)) and on April 22, 2008,
you were convicted of Misdemeanor Disorderly Conduct -
Offensive/Abusive/Noisy/Obscene (Minn. Stat. §609.72.1 (3)). Your probation for
these two convictions expired on May 15, 2009 and Aprii 22, 2009 respectively.
This is a violation of Saint Paul Legislative Code §376.16 (e) (4) (a) which states:
`4icensee shall not be under sentence or have been discharged from sentence for any
felony conviction within the five (5) years immedi¢tely 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 preceding application for a license." Therefore, you would not be eligible to
apply for a Tasicab Driver (ProvisionaD license in the Citv of Saint Paul until after
May 15, 2012.
Joel A. Haggenmiller
March 16, 2010
Page 2
At this time, you have three options on how to proceed:
lo-�, ,�
1. If you wish to admit the facts but contest the penalty, you may have a public hearing before 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 26, 2010. The matter will
then be scheduled before the City Council for a public hearing to determine whether to deny your
]icense. 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 taxicab driver, or that you have been rehabilitated pursuant to Minn. Stat.
§364.01 et seq, a heazing 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 send me a letter no later than Friday, March 26, 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
Depaztment of Safety and Inspections (DSI), 8 Fourth Street East, Suite 200, St. Paul, Minnesota
55101-1002 no later than Friday, March 26, 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,
�� �'"'-� ���N-u�
i
Virginia . Palmer
Assistant City Attorney
cc: Christine Rozek, Deputy Director of DSI
Rich Jents
STATE OF MINNESOTA'
, �s.
COUNTY OF RAMSEY )
10-3-��
Julie Kraus, being first duly sworn, deposes and says that on the �Q� day of
Mazch, she served the attached NOTICE OF INTENT TO DENY LICENSE by placing a true
and conect copy thereof in an envelope addressed as follows:
7oei A. Haggenmiller
143 Forbes Avenue
St. Paul, MN 55102
(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 Kraus
Subscribed and sworn to before me
this � ay of Mazch, 2010
��� �, ,���--
�N tary Pub i_�c --
AFFIDAVIT OF SEI. 10E BY U.S. MAIL
RRA 1A. BOSSARD
NDTARr PUBLIC • 1�6PpJESOTA
MY COMMiSS10N
DfPIRES JAN. 31, 2015
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POSEV!LiE PRO� E590NAL CE�ER k402 • 2233 N�. HANUNE AVE. ROSEVILLE, S1INNESDTA 5�1 7 3 •(65 ;) 634-4082• FAX (651) 634-4084
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Re: 7oe1 Hagg�runiller, I3�B i211511972
'I'o �Vhos� it may Ct�ncern:
Pleas� accept this brief letter s�u�marizing triy professionaI cbritact wiCh
Yhe above-idenfiified indivi�lual. I am a Licetssed Independen� Clinical Social
VVor�er and am a Baard Gertifed I3iplomate in Clinical Sooial Wor�C by the
Am�rfcan �oaad o�E�€aminers in Clinical Sacial �ork. I have been in private
practice �or 2� yeats and aut of gradua'te schaoi �or 35 years. I conduct a fizil-
tirne ��ivate pra�t�ce in t2vs�valle, Mir�r�€sota.
This letter is to aftest to the fact chat Iv�r. Haggenmil�er has gone though
a�ourse t�f �.ngei IwTanagement dt�ring which we hava disc�ssed and treated
h�s arrger management issues reia�ive to paor judgment, impu�se contral, and
t�resolve8 feelings frazn his cliildhood. Mr. Haggenmiller has c6usistently
is��ressad t�e as I�ighty mo#ivated to resoIve Ehese dif�iculties and eonduct his
Ii�e mor€ in aceordance v✓ith conventianal mores and laws,
Mr, Hagg�mniller ccmtinues his psychc��hesapy wi'th me, at this point,
on a PItN basis. `I`hat is, we schedule &om tim� to t�me for sessions whsn hs
feel� th�re is a pariicular need. So far, these have oacurred on a relatively less
frequent basis �ian during th€ 18 sessions that encompassed his a�zger
rnanagement treaituent.
If ihere ai�e s�ecifte qtze�tions, pFease do nat hesitaie 6o cc�ntact �ne at
t�e abov�-id�ritified adc�ress or phone number.
�incerelq,
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ROSEVILLE PROFESSIONAI CEN?EF #402 • ZP33 NO. HAML'NC AVE. ROSEViLLE. M.'.NNESOTA 551 i3 •(651) 63d-k082• FAX (651) 634-4D84
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Chapter 376. Taxicabs*
Sec. 376.16. Taxicab driver's license.
Page 1 of 4
1a- 3�/
(a) License required. Effective March f5, 1991, no person shali drive a taxicab, nor shail 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 city license, but the driver shail 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
obseroe 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 applicant for a taxicab driver's license shall 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 compiete 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 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 estabiished by ordinance as specified
in section 310.09(b) of the Legisiative 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
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 (§§
609.20 to 609.205), criminal vehicular homicide and injury (§ 609.21), assautt 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 controiled substance Iaw (§ 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 shali 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 immediatety 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 retated to
the occupation of taxicab driver, or upon evidence of rehabilitation.
http://library l.municode.com/4472/DocView/1 006 1/1 /3 1 8/3 8 5?hilite=376; 3/9/2010
Chapter 376. Taxicabs*
Page 2 of 4
��'?j�
c. A person holding a license on the effective date of this section (July 14, 2006)
will be disquaiified from license renewal only for convictions that occur after the
effective date of this section. However, no licensee will be eligible for renewa! 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
saie 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 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-fisted 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 application
as defined in Minn. Stat. § 169A.03, subd 2i.
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
shall 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 appiicant 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 shali 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 o�e (1) or more of the requirements �isted 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 knowiedge of the provisions of the taxicab ordinance relating
to the conduct of taxicab drivers and the operation of a taxicab.
(7) Faiiure to apply for renewai 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://library i.municode.com/4472/DocView/1 006 1/1/3 1 8/3 8 5?hilite=376; 3/9/2010
Chapter 376. Taxicabs*
Page 3 of 4
/D- 3S�
(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 compfeted the taxicab driver training course, or as deemed necessary by the
license inspector: shali 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 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 shail 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 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 shall 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
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 fiiled out
with the full 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 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 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 councii 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 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 4axicab 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 shaii 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 refusai 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
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Chapter 376, Taxicabs�
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time, the licensee shall fumish 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 shall be permitted. In addition, the licensee shall 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 immediateiy 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 hoiding 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; C.F. No. 06-461, § 1, 6-
14-06; C.F. No. 07-149, § 127, 3-28-07)
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11 MINNESOTA STATUTES 2009 518B.01
An order vacated or modified under this paragraph must be personally served on the petitioner
named in the order for protection.
Subd. 12. Real estate. Nothing in this section shall affect the ritle to real estate.
Subd. 13. Copy to law enforcement agency. (a) An order for protection and any continuance
of an order for protection granted pursuant to this section shall be forwarded by the court
administrator within 24 hours to the local law enforcement agency with jurisdiction over the
residence of the applicant.
Each appropriate law enforcement agency shall make available to other law enforcement
officers through a system for verification, informarion as to the existence and status of any order
for protection issued pursuant to this section.
(b) If the applicant norifies the court administrator of a change in the applicant's residence
so that a different local law enforcement agency has jurisdiction over the residence, the order
for protection and any continuance of an order for protection must be forwarded by the court
administrator to the new law enforcement agency within 24 hours of the notice. If the applicant
notifies the new law enforcement agency that an order for protection has been issued under this
section and the applicant has established a new residence within that agency's jurisdiction, within
24 hours the local law enforcement agency shall request a copy of the order for protection from
the court administrator in the county that issued the order.
(c) When an order for protection is granted, the applicant for an order for protection must be
told by the court that:
(1) notification of a change in residence should be given immediately to the court
administrator and to the local law enforcement agency having jurisdiction over the new residence
of the applicant;
(2) the reason for notification of a change in residence is to forward an order for protection
to the proper law enforcement agency; and
(3) the order for protection must be forwazded to the law enforcement agency having
jurisdiction over the new residence within 24 hours of notification of a change in residence,
whether notification is given to the court administrator or to the local law enforcement agency
having jurisdicrion over the applicant's new residence.
An order for protection is enforceable even if the applicant does not notify the court
administrator or the appropriate law enforcement agency of a change in residence.
Subd. 14. Violarion of an order for protection. (a) A person who violates an order for
protection issued by a judge or referee is subject to the penalties provided in paragraphs (b) to (d).
Copyright OO 2009 by the Rev�sor of Statutes, State of Minnesota. All Rights Reserved.
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12 MINNESOTA STATUTES 2009 518B.01
(b) Except as otherwise provided in paragraphs (c) and (d), whenever an order for protection
is b anted by a judge or referee or pursuant to a similaz law of another state, the United States,
the District of Columbia, h lands, or United States territories, and the respondent or person
to be restrained knows of the existence of the order, violation of the order for protection is a
misdemeanor. Upon a misdemeanor conviction under this paragraph, the defendant must be
sentenced to a minimum of three days imprisonment and must be ordered to participate in
counseling or other appropriate programs selected by the court. If the court stays imposition
or execution of the jail sentence and the defendant refuses or fails to comply with the court's
treatment order, the court must impose and execute the stayed jail sentence. A violation of an
order for protection shall also constitute contempt of court and be subject to the penalties provided
in chapter 588.
(c) A person is guilty of a gross misdemeanor who knowingly violates this subdivision within
ten years of a previous qualified domestic violence-related offense conviction or adjudication of
delinquency. Upon a gross misdemeanor conviction under this pazagraph, the defendant must
be sentenced to a minimum of ten days imprisonment and must be ordered to participate in
counseling or other appropriate programs selected by the court. Notwithstanding section 609.135,
the court must impose and execute the minimum sentence provided in this paragraph for gross
misdemeanor convictions.
(d) A person is guilty of a felony and 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, if the person knowingly
violates this subdivision:
(1) within ten yeazs of the first of two or more previous qualified domestic violence-related
offense convictions or adjudications of delinquency; or
(2) while possessing a dangerous weapon, as defined in section 609.02, subdivision 6.
Upon a felony conviction under this paragraph in which the court stays imposition or execution
of sentence, the court shall impose at least a 30-day period of incarceration as a condition
of probation. The court also shall order that the defendant participate in counseling or other
appropriate programs selected by the court. Notwithstanding section 609.135, the court must
impose and execute the minimum sentence provided in this paragraph for felony convictions.
(e) A peace officer shall arrest without a warrant and take into custody a person whom the
peace officer has probable cause to believe has violated an order granted pursuant to this section
or a similaz law of another state, the United States, the District of Columbia, tribal lands, or
United States territories restraining the person or excluding the person from the residence or the
petitioner's place of employment, even if the violation of the order did not take place in the
Copyright � 2009 by the Revisor of Statutes, State of Mm�esota. All Rights Reserved.
lo����
MINNESOTA STATUTES 2009 609.72
609.72 DISORDERLY CONDUCT.
Subdivision 1. Crime. Whoever does any of the following in a public or private place,
including on a school bus, knowing, or having reasonable grounds to know that it will, or will
tend to, alann, anger or disturb others or provoke an assault or breach of the peace, is guilty of
disorderly conduct, which is a misdemeanor:
(1) engages in brawling or fighting; or
(2) disturbs an assembly or meeting, not unlawful in its character; or
(3) engages in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive,
obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others.
A person does not violate this section if the person's disorderly conduct was caused by
an epileptic seizure.
Subd. 2. [Repealed, 1969 c 226 s 1]
Subd. 3. Caregiver; penalty for disorderly conduct. A caregiver, as defined in section
609.232, who violates the provisions of subdivision 1 against a wlnerable adult, as defined in
section 609.232, may be sentenced to imprisonment for not more than one year or to payment of a
fine of not more than $3,000, or both.
History: 1963 c 753 art 1 s 609.72; 1967 c 242 s 1; 1971 c 23 s 71; 1988 c 689 art 2 s 236,
1991 c 279 s 34, 1994 c 636 art 2 s 46; 1995 c 229 arr 2 s 7
Copyright OO 2009 by the Revisor of Statutes, State of Minneso[a. All Rights Reserved.