The URL can be used to link to this page

10-81Amended 1(20/2010 OF Presen[ed by �� 1 WHEREA5, adverse action was taken against the Taxicab Driver license application submitted by 2 A11en Michael Landry (License ID#200800�4156) for the City of Saint Paul by Notice of Intent to Deny 3 License dated December 9, 2009, alleging that the licensee was convicted on October 15, 2009 in Dakota 4 County of CR Domestic Assault Misdemeanor-Intent to InflictrAttempt to Inflict Bodily Hann On Another 5 in violation of Minn. Stat. §609.22421(2); and WHEREAS, per Saint Paul L,egislarive Code §37616 (e)(4)(a), the licensing office recommended license denial due to the fact that the licensee was convicted of a misdemeanor within three (3) years immediately preceding application; and 10 ll WHEREAS, licensee did respond fo the Notice of Intent to Deny License to request a public 12 hearing which was held on January 20, 2010, and now, therefore, be it 13 14 , IS k�. (See page 2 for amended language) 16 17 This resolution, and action taken above, is based upon facts contained in Che December 9, 2009, 18 Notice of Intent to Deny License sent to the licensee and the arguments made at the public hearing on 19 January 20, 2010. Requested by Department of: R� �. �2.��, 5 � By: �rt.v � Adoption Certified by Cou i1 Secretary BY= i' i/� 8h Appr v by ay ' Date 1 NJ! o sy: , RESOLUTION Council File # �� Green Sheet # ' () � �j PAUL, MINNESOTA Form Apprc By: ..f Form A� By: by City by to Council Adopted by Council: Date ��j��'ojD 10-81 RESOLVED, that the Taxicab Driver license application submitted by Allen Michael Landry is hereby approved, subject to the following conditions: 1) Mr. Landry must comply with all conditions of his probation, including completion of anger management classes. 2) Mr. Landry must sign an authorization to allow his probation officer to discuss his probation with the Department of Safety & Inspection and the attorney for said Deparhnent and to provide regular updates regarding his compliance with the terms of probation. 3) Mr. Landr� is to have no same or similu violations during the period of his license. 4) Any violation of these conditions shali result in the immediate pre- hearing suspension of Mr. Landry's license. � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet )epartmenf/Office/COUncil: ! Date Initiated: � ` �/� � S � _Dept.ofSafeiy&Inspections ; 30DEC2009 ! Green Sheet NO: 3093696 � Contact person S PBone: � � �rpinia D. Palmer � � � 266-8710 � j 1 _ , Assign � � i Must Be on Cou�cil, enda 4y (Oate): ' Number � 20-JAN-10 �I j � For � 3 � , Routing , 4 i � Doc. Type; RESOLUTION i Order i 5 � I � E.DocumeM Required: Y � � I Dowment Contaet: dulie Kraus I � Cantact Phone: 266-8776 I � C�v � Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approving the attached resolurion to take adverse acrion against the Taxicab Driver license application subsnitted by Allen Michael Landry (I,icense ID#2008000415b) for the Ciry of Saint Paul. Recommenda6ons: Approve (A) or Reject (RJ: Planning Commission CIB Commiriee Civil Service Commission Personal Service Contrects Must Answer the Following Questions: 1. Has this persoNfirm ever worked under a contract for this department? Yes No 2. Has this person/firm ever heen a city employee� Yes No 3. Does this person/firm possess a skill not normally possessed by any curzent ciry employee? Yes No Explain all yes answers on separete sheet and attach to green sheet. Initiating Pro61em, lssues, OpporWnity (Whq What, When, Where, Why): On October 15, 2009, licensee was convicted of CR Domestic Assault Misdemeanordnteirt to InflictJAttempt to Inflict Bodily Harm on Another in violation of Minn. Stat. Secrion 60922421(2) and Saint Paul Legislative Code Section 376.16 (e) (4) (a). After notification, licensee responded to request a public hearing. Advantages If Approved: License deniaL Disadvantages If Approved: DisadvaMages If Not Approved: ToWI pmount of Transaction: Funding Source: Financial IMormation: (Expiain) Cost/Revenue Budgeted: Activity Number. December 30, 2009 1:51 PM Page 1 OFFICE OF T[� CITY ATTORNEY John Choi, Cify Attomey SALNT PAUL CITY OF SAINT PAUL CivilDivision � Chdstophe� B. Co(emaq Mayor 400 City Nal1 Telephone: 651266-8770 15WestKelloggBlvtl. Facsrmi(e:657298-5679 ��A Saint Paul, Minnesofa 55102 December 31, 2009 NOTICE QF COUNCIL HEARING Allen M. Landry 940 — 5�' Avenue South, #13 South St. Paul, MN 55075 RE: Taxicab Driver license applicafion submitted by Allen Michael Landry for Che City of Saint Paul License ID #: 20080004156 Dear Mr. Landry: Please take notice that this matter has been set on the Public Hearing Agenda for the Ciry Council meeting scheduled for Wednesday, January 20, 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 thaC on October 15, 2009, you were convicted in Dakota County of CR Domestic Assault Misdemeanor-Intent to InflicUAttemr�t to Infllct Bodilv Hazm On Another (Minn. Stat. 609.2242.1(2) within three (3) years of application in violation of Saint Paul Legislative Code §376.16(e)(4)(a). This matter has been piaced on the public heazing agenda portion of the City Council meeting during which pu6lic discussion is allowed. The licensing office will recommend denial of your Tasicab Driver license. If there is anv information vou wauld like Citv Council to review nrior to the aublic hearinE I will need to receive it no later than Mondav anuarv 11 2010 Very truly yours, f ��V�� Virg3n#� D. Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI �/Mary Erickson, Council Secretazy Rich Jents, DSI Affitmative Action Equai Opportunity Emp3oyer STATE OF MINNESOTA) ) ss. COUNTY OF RAMSEY ) �b��bl Julie Kraus, being first duly sworn, deposes and says that on the �� 5k day of December, she served the attached NOTICE OF COUNCIL HEARING by placing a true and correct copy thereof in an envelope addressed as follows: Allen M. Landry 940 — 5�` Avenue South, #13 South St. Paul, MN 55075 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. �� ,�. ` �, � Ju i aus Subscribed and sworn to before me this 3�� day of December, 2009 < Y_�t�Gti3'L �il� � �, /!� Notary PubIic � �,, Susae; t�arie Janisch-Wamsr 4S�Tr��Y PUBLiC -MINNESQI'fi ?u9b' C�[NAA'ISSIOPJ EXPIR�S.3AN. 31.2092 AFFIDAVIT OF SERVICE BY U.S. MAIL UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Date: Violation: Date of Violation: Allen M. Landry 940 — 5` Avenue South, #13 Sonth Saint Paul, MN 55075 Wednesday, January 20, 2010 at 5:30 p.m. io�l Licensee was convicted of CR Domestic Assault- Misdemeanor — Intent to InflictlAttempt to Inflict Sodily Harm on Another (Minn. 5tat. §6092242.1(2) within three (3) years of application in violation of Saint Paul Legislative Code §376.16 (e)(4)(a). October 15, 2009 Recommendation of Assistant City Attorney on behalf of client, Department of Safety and Inspections: Denial of Taxicab Driver license Attachments: 1. Proposed resolution 2. Renewal Invoice dated 914/09 3. Photocopy of Minnesota Driver License 4. Receipt for License Application dated 10/22/09 5. Copies of ECLIPS screens dated 11/20/09 6. Register of Actions (MNCIS System) dated 11/23/49 7. Notice of Intent to Deny License and Affidavit of Service dated 12/9109 8. Letter from licensee requesting a public hearing dated 12/21109 9. 3aint Paul Legislati�e Code §376.16 (e) (4) (a) 10. Minn. Stat. §609.2242.1(2) (2009) 11. Minn. Stat. §364A1(2009) LICENSE (D: 2C108 0 004 1 56 � • 1�� q�� ro Renewai Invoice ci�`�r o� s�a �� PAUL ❑ Check this box if making any name, mailing address or phone # Deparkment of Safe and Inspections carcections. Please wrife the changes on this form. If yaur 375 Jackson Street, Suite 220 busioess license address is changing, pfease request a new Saint Paul, MN 55101-1806 business license application PHONE (651)266-8989 FAX. (651) 266-9124 September 4 � 2��9 An Equal Opportunity Employer �RVOICO # : 660720 ALLEN MICHAEL LANDRY — CONTACT: ALLEN M LANDRY Invoice Due flate : 11/03l2069 940 STH AVE S'f3 Account Balance: $43.00 SOU7H ST PAUL MN 55075 Pay this Amount: S43.Oo HOME PHONE: 651-253-9902 Transaction Description 7ransaction Total 080004156 Taxicab Driver Renew Ex ires: 11iO312009 940 5TH AVE S 13 43.00 rteyuiremencs invoice Amount Due: $43.00 "This license is rancelled thirty (30j days afler the expiration date. You may not drive a taxicab if your license has been cancelled "' Please make any necessary changes to the above address and complete the follawing: Date af BiAh. l T� 3 L�; - �'lS� Phone #: �G, l "�1 C '! `Z DriveYS License #: N, � S� f�I S�StP�� 1 t Enpiration pate: �� 1�'� �U� � Name and Address of Cab Company you wiil be driving for: Company Name: 1�'f�� (�� v:�� .<h.£� «� < t � , l� ( � S c �� c,. �� o � CompanyAddress: J� 1� �� `,'S IJO�� .Y1�7'�— j'� j��Q._c.� C"Kl�. �111`� S�]'t�Q'8 ANY FALSIFIGATION OF ANSWERS GNEN OR NIATERIAL SUBMITTEQ WfLL RESUI,T IN DENIAL OF THIS APPUCATION I hereby state that I have ansvrered al! of the preceding questions, and that the information wntained herein is true and correct to the best of my knowledge and befief. I hereby authonze the Saint Pau4 Police Department to use the information I have pmvided to check cnminal histories, arrest records, afW warrant mfottnarion; and for the pofice department to proaide these records to the Department of Safety and Inspections to determme my elig�biliry far a taxicab driver license. I understand that the information coMa�ned in the cnminaV background imestigation is confidentiai, except that ft may be conveyed to other law enf rt'nent ot ficensing agencies. I afso hereby staie that i have reatl and untlerstand ttte tules and reg�lations set forth in Chapter 376, h6 (Taxi;�b Drive s License of�nt Paul l,egislaiive Code). Please Give Us Your Email Address: C�S ,�v^SIsC�� \� l CF'4'�'�C'x5-� 'C�l� Please Return this invoice with your payment! 1 �-�l ..J.- _ .�. ..^ A'Y �. � a .�' '"� �. d 2� �: � �'.> . _ � ..,g ,�n, ,�.^ _. , ,. DRIVER'S L1GEti'+►�`;_ " t . � ., „- ALLEN MICHNEL IANDRY : - � � l405THAVESOfBc.?5°_ �`',-',,'.: , i i SOSTPAUL,�WN,¢�, ; � pat,oteim� 0839=78�s, s_':: V � � ; Sei He" ._Cta%s' 4. ,r M BRN ��' �r— ' . � � Hei4M WN9ht DOIVOR .�' � —, �` 6 ,g 270 :::IX �-30-2012 j rsSUEn �9-20 nC � �- E �� ti. v �, " .�'`.r^ ' _ - ` .-- ,- -� -- µ2541758687i� f�p� i2ECEiPT FOR LICENSE ;.�PLICATiON Date Receipt Printed: Oa 22. 2005 LicenselD: 24080004155 ��-xl C1TY OF SA1N7 PAUL �epartment of Safety and Inspechons 375 Jackson Street Sude 220 Samt Paui. M�nnesota 55701-18D6 Pnone (651)266-8989 Fax (65�)266-9t24 www stpaul gov/asi ''txP• 111�3�� Received From: ALLEN MICHAELLANDRY 940 S7H AVE S 13 SOUTH ST PAUL MN 55075 Total Due on thss application 543 Oo Other Eees Owed SO �0 Account Tota! Amount Due 543 00 Amount Paid Sa3 00 Outstanding Account Balance Due $0.00 Application License License Amount Balance on In appiication for� Date Status Fee Paid 7his Lice�se Taxicab Dnver (1) Feb t7, 2009 Active Pendmq Ren $43 00 $43 00 $0.00 t�� _ �� ,� : � � Conditions: There are no conartwas placed on this qcense at th�s hme �� . ��e �,�� Proiect FacilitaTOr: REID S (65l) 266-9120 InSPector(s): ftiCHARD (RiCHJ J ticense 4nspector (657) 266-911fi ,� Unmet Requirements: Recorn Cneck - Cnminal Ws�ory Rewra Check - Drrving j , � k� � F ., /f , , � ` t � 1i �Y � f/ �� v This is not a License to operate NOT10E - The license(s) you have appiied fo� may require you to pay an additionai Environmental Hea/th Change of Ownership fee or Environmental Nea/th P/an Review/Remodeling fee. if any of these fees are required, a separate snvoics €or the amount dus wi(1 be senf to you. l icsnse Group Commenfs Text Licensee: ALLEN MICHAEL LANDRY DBA: ALLEN MICHAEL LANpRY Licer�se #: 20080004556 � � `, � 11l26t2009 .il! U 7 �/20/2009 To CAO for review/CAR RWJ 02/77/20Q9 OK fo upgratle to Taxica6 Oriver-Regular per Rich Jents. Licensee passed the class fast week An e-matl was received from ihe mstruclor. RJILICK Licensee hfame: LLEN MICHAEL LAtVDRY DBA: ALLEN MICHAEL LANDRY Sales Tax Id: �� Frrcl No+rv OK C�ncei f�suv 5earch � He1�a , �.. ..,w�, y.�. idevt T� �rp� �ap�y Grvu� .� Ri9� t3ceit,�� ..:Propertias:., � �ddress Licensee § �p�{act � License � Cardholder � i Taxicab Dnver (Pro��isional) Canceled License � Licensee � Lic. Types � Insurance �' Property Street #: Street Name: Street Type: Unit Ind: C�y: State: Licensee: DBA: Saies Tax MICHAEL LANDRY 55075 R,+�Si j13 MICHAEL LANDRY � Bond � Requireme�s � � Project Facilitat4r: SOLEY, REIG T .4duerse Action Commerrts f17f2�09 Upgraded to Taxicab Driver.hl License Group Comments: 1 tZ4f��09 To CAO for review�AR RWJ � 2M 7f2�09 OK to upgrade to Taxicab Driver-Regular er Rich Jerits. Licensee passed the class last week. n e-mail was received fr�m the i�structor. RJA. KK Licensee � Commerrts: i Bus Phone: ' ) - � Taxicab Driuer (Provisional] Taxicab Driver G1a5� EftecEive ` Expir�tior+ R 11/D3t2008 02M 2YZ009 R 02117lZ0�9 11 A]3l2D10 Tofa�l: Lic�itse t� �Li8pd0415S �` Licensee �` Unofficial Direction: � Unit #: 13 ST PAUL MN Zip: Save Changes to Histary N N $40.00 $43.�� 8�.��. Cari cei � i�eip r;a;r: License Licensee LLEN MICHAEL LA�IDRY DBA LLEN M�CHAEL L.4NDRY Licensee � Lic. Types � Insurance � Band � Requiremerrts � LLEN MICHAEL LANDRY LLEN MICHAEL LANDRY !F� Non-Profit: r �Norker's Comp: OA70NOQ0 oroor0000 AA Training Rec'd: OtTi0Na00 ONDND�O Discourrt Rec'd: ]� Licensee �lame: DBA: Sales Tax Id: AA Contract Rec'd: AA Fee Collected: ing F,gency �Jame ! Licerise Type License # Es his Licerrsee A#iue inactiue Las# Narne First't 1 A]3I200BOONO�IDOrLANDRY ALLEN i �y� 1,r,� . � , : Propetties... � Financial Hald Reasans Rea�on Fc�'r✓e D�Re Mail License To: - - T � �$' �� + Mail To Corrtad f)- y (651 t" License Addres; Mail Invaice To: — � � Mail To CorRact � �� ` Lice�se Addres: �-�___- --- Background Check ftequired � G�y},�}-p��„ Lic�n�� # �800041 S6 Saue Changes to History CancBl � Hgfp Licensee LLEN MICH.AEL LANDRY DBA LLEN MICHaEL LANDRY � D l (/ � �� ', Licenss Type: Taxicab Driver + I Effective; 2117t2009 Expiration: 1 N3f2010 ; , Apply Discourrt: � Remove Discour�t: � Discour8 ftec'd: � ftepface Fee: � # af Units � 1 License Ciass: � Status: �4ctive Pending ften Status Changed: 1I20t271D9 Appfication D�te: �7211� 7I20D9 �4dd P.ernade � A�Id fu�ast R�ove � Tag #: 0 �M{+t1y�l Fields License Type Cornmer� ,.... Fde+iw'_ ... w C`e�e.ir; Lit�t�� J8Qd04156 Save Changes to History �c 2 ef 2 �`' � c3K �arre�i � H�1p License � Licensee Lic. Types � Insurance � Bond � ftequiremerrts � Pa�+� � � :'ar: � �,�,_ Licensee � DBA License � Licensee � Lic. Types � Insurance � Band License 1ype: axicab Driver Check - Requiremerrt =N MiCHAEL LANDRY =N MICHAEL LANDRY n Requirements � / U � � Add Delete Approval OOiU0N000 �Licensee Phato �;license ApplicationlAffidavit 10l22l2D09 ZL ' 10t22f2tl�9 ZL Li�ense � �0800D4156 Save Changes t� Hi�ary Appraved BV Ccrnditians N N N �i ' 2 of 2 =s• H( i G�ncel �� I�(p Page 1 Qf 2 Loaaut Seasch Menu New CrimmaVTraffic/PettV Search Sack REGISTER OF ACTIONS CasE No. 19WS-CR-09-15495 State of Minnesnta vs AIIEN MICHAEL LANDRY ��'� � Locat�on : All MNCIS Sites - Case Search Helo Case Type: CrimlTraf Mandatory Date Filetl: 08f04t2D09 Locatian: - �akota-West St. Paul PAFTY INFOAb1ATIUN Defendant LANDRY, ALLEN MICHAEL SO ST PAUL, MN 55075 Male 08/30/7957 Lead Attorneys PITERA, BRIAN LOUIS Refained Jurisdiction State ot Minnesota SOUTH ST. PAUL GITY AT CHARGEINFORMATION Charges: LANDRY, ALLEN MICHAEL 1. CR-DOMESTIC ASSAUL7-MIS�-INTENT TO INFLICTIA'iTEMPT TO INFLICT BOD{LY HARM ON ANOTHER(609-2242-'I -2) Statute Levei Date 6Q3.2242.t(2) Misdemeanor 08/�3l2009 EVENTS & OR�ERS OF THE COU&T 08iO3/2009 08/13/20D9 10/75/2009 10/75/2009 DISPOSITIONS P1ea,JUdicialOfficer. Garolan, RobenJ 1. CR-OOMESTIG ASSAULT-MISD-INTEN7' 70 /NFGC7/A7T'EMPT 70 1NFUCT BODICY HARM ON AN07HER(609-2242� ?-2} Not gurlty Amended Plea (JUtlicial Officer: Connolly, John S.) Reason: Plea agreement t. CR-DOMESTIC ASSAULT-MISD•INTENT TO INFLICTlATTEMPT TQ INFLICT BQ�ILY HARM ON ANOTHER(6094242- 7•2) Guilty Disposition (Judicial Offcer: Cader, Joseph T.) 1. CR-DOMESTIC ASSAULT-MISD-INTENT TO INFLICTfATiEMP7 TO INFLICT BODILY HARM ON ANOTHER(609-2242- 1-2) Convicted Stay ot Imposition Pursuant to M.S. 609.735 (JUdicial Officer. Carter, Joseph T.) 1. CR-DOMESTIC ASSAULT-MISD-INTENT 70 WFLICVA?TEMPT TO INFLICT BODILY HARM ON ANOTHER(609-2242- 7-2) Local Continement: Agency: Dakota Counfy Jail Term:2 Days Time To Serve: 2 Days Stay 0 Yr � Mo 0 Days Credit For Time Servetl: 2 Days Status: Active 10(15/20Q9 Probati0n - Atlult: Type: Supervised probation A ency: Dakota County Community Corrections erm o � ----., 10715/2009 - 10/15f2011 Status: Active 7 15/2009 Condition - Adult: 1. Chemical dependency evaluationftreatment, 1 �l15l2009, Active 10/15/2009 2. No non-prescription drugs, �Of15l2009, Active �0J1512009 3. Random testing, 70/15l2D09, Aclive 70/15/2009 4. Follow recommendations of evafuation, 10l1572009, Active 10J5572009 5. Foilow all instmctions of probation, 10/15/2009, Active 10/15/2009 6. Remain law-abiding, 10115(2009, Active 10l15/2009 7. No use or possession of firearms or dangerous weapons, 10/15/2009, Active 10/75/2009 8. Conditions, other, complete a short-term tlomestic violation program; email contact as it relates to the http:flpa.courts.state.mn.uslCaseDetail.aspx?CaseID=1612924184 11l2312�09 Page 2 of 2 children 1 071 572 0 0 9, Active 10/15f2009 9. Domestic No Contaci, 10/15/2009 - 1D/15/2011, Active 10/�5/2009 Level of Sentence: Convicted of a Misdemeanor 08/a3l2�09 08/03/20D9 08103/2009 08/03/2009 08l03(2009 68l03/2009 08/04/2009 OS(13/20�9 08/73/2009 08/13/2009 08J13/2009 09/03l2009 10/15l2�09 70/15/2009 OTHER EVENTS AND HEARIIvGS Arraignment (7�:OOAMJ Result: Held Inierim Condition for LANDRY, ALLEN MICHAEL - Do not enter victim's resitlence - No alcpholfcontrolled Substa�ce use - No use or possession of fireartns or tlangerous weapons - Domestic No Goniact - Pay bail with contlitions Release Ordered Review DANCO Expiration Application for Public Defender Order Denying Public Defender Citation E-Filed Hearing (1:00 PM) ResWt Held Certificate of Representation Order•Presentence Investigation Petition to Enter Guilty Plea CANGELED Anaignment (8:30 AM) Other Sentencing (1:00 PM) Result: Held Seniencing Order 1�� FINANCIAL NEORMATTON Defendant LANDRY, ALLEN MICHAEL Total Financial Assessment Totai Payments and Credits Balance Due as of 17/23l2009 10/2�/2009 10/20/2009 7 7/16/2009 Transaction Assessment Transaction Assessment Counter Payment Receipt # WS7 9-2009-7 783 1 66i.00 SD.00 611.00 631.00 30.00 LAN�RY, ALLEN MICHAEL (50.00) http:llpa.courts.state.mn.us/CaseDetail.aspx?CaseID=1612424189 11123l2009 OFFICE OF THE CITY A'I`T'ORNEY John d Choi, CityAttomey l�-�1 SnINi PAUL � A1M CITY OF SA{NT PAUL Chnstophe� B. Coleman, Mayor Civil Divisron 400 City Hali 15 West Ke!lagg B(vd. Saint Paul, Mrnnesofa 55 f 02 Telephone: 651 266-8770 Facsimile: 65l 298-5619 December 9, 2009 NOTICE OF INTENT TO DENY LICENSE Allen M. Landry 940 — 5�' Avenue South, #13 South St. Paul, MN 55075 RE: Taxicab Driver license application submitted by Allen Michae] Landry for the City of Saint Paul License ID #: 20080004156 Dear Mr. Landry: The Department of Safety and Inspections (DSI) will recommend denial of the Taxicab Driver license application submitted by Allen Michael Landry for the City of 5aint Paul. The basis for the recommendation is as fo]]ows During a routine check of your criminal record, it was discovered that on October 15, 2009, you were convicted in Dakota County of CR Domesfic Assauit Misdemeanor -Intent To Inflict/Attemnt To Infiict Bodilv Harm On Another in vxolation NLnn. Stat. §609.2242.1(2). This is also a violation of Saint Paul Legislative Code §376.16 (e)(4) (a) which states: `�.....shall notbe undersentence or have been discharged from sentence for any non-traffic gross misdemeanor or non-traffic misdemeanor conviction within three (3) years imrnediatelypreceding applicalion for a license." You are currently on supervised probation until October 15, 2011; therefore, you wouid not be eligible to apply for a license until October 16, 2014. At this time, you have three options on how to proceed: If you admit the facts, but contest the penalty, you may have a public hearing before the Saint Paul City Council, you will need to send me a letter wiYh a statement admitting the facts and requesting a public heuing. I will need to receive your letter no later Monday, December 21, 2009. The matter will then be scheduled before the City Council for apublic heazing 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. A A_qTle_FGn F«,a,..,e. Allen M. Landry December 9, 2004 Page 2 ld �� 2. If you dispute the above facts, or wish to present evidence that the conviction is not related to your license as a taJCicab driver, or that yau have been rehabilitated puzsuant to Minn. SCat. §364A1 et seq, a hearing will be scheduled before an Administrative Law 7udge. At that hearing both you and the City will be able to appeaz and present witnesses, evidence and cross-examine the other's wimesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please advise me in writing no later than Monday, December 21, 2009. You can withdraw your license applicatian. Send a writYen statement to that effect to the Department of Safety and Inspections, 375 Jackson Street, Ste 22Q St. Paul, Minnesota 55107-1806 no later than Monday, December 21, 2009. Information should be directed to the attention of Cbristine Rozek. Any request fQr a refund of the license application fee must also be made in writing to DSI. If I have not heard from you by that date, I will assume that you do not contest the denial of you license. In that case, the matter wiil be placed on the Council Consent Agenda for approval of the recommended penalty. Tf you have questions about these options, please feel free to contact me at 266-8710. Sancerely, ��/ � �� Virgin�� D. Palmer Assistant City Attorney cc. Christine Rozek, Deputy Director—DSI Rich 3ents, DSI .. .,,. �.,. STATE OF MINNESOT � ss. A�'IDAVIT OF SERVIC� BY U.S. MAIL COUNTY OF RAMSEY ) �� Julie Kraus, being first duly sworn, deposes and says that on the f r � � day of December, she served the attached NOTICE OF INTENT TO DENY LICENSE by placing a true and correct copy thereof in an envelope addressed as follows: Allen M. Landry 940 — 5`" Avenue South, #13 South St. Paui, MN 55075 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Pau1, Minnesota_ R f 3uli aus Subscribed and sworn to before me this �day of December, 2009 �� . � �� No a� r�t y Public RITA M. BOSSARD NOTARY PI�LIC • MINNESOTA MY COMMtSSIOti DCPIRES JAN. 37 , Y 01 0 l.�idif �rj' (��ti , ' �� 1�-�.=�� .� �c�%�'�� 5 ��t l�e.s� ��, ��-�� ...c�c� 1. h��.-- ��> c�� r ��'� ��, �.rk � �E� "�c��, ��-- 2 ��.,� � � � �; �1� �-��- � � � -�--��.��CS �� ; �� i n c� �-� -�� 3 � 1� � �v"' � � �S � �- � �.�5 cS� '��Q.CE _�' `r :�- �� f " � � CC� , �� -�" -'�- ��C�+,�� ` 1 �l C�-C� � �C��-- CC�`�-� }� � G��JI� �j_ .�.s..,nc� `�-G�- `�"i Y�2, � �� `�c�� , ��rz. C"�C�,�� ( n t�� '.� 1'�a� � `� '- � C�'� �?", �S �...� C.�,,�q - ` .'� °` :C� , l�'�t?�.n S I��-� _�� s� C.;1 co�ot � c. ' ��- 1�c.._� ��e:i ��S �� .� �.�ci. ; i �.s� ��-� ;�� S b� C� �- � � ��`�.�.G , . c��;�n � n c��d� .�� 5�1� -�� -� ', � ��' r��c�. c:��or �. - ��.� � ��3 � �i�, �, �� ,'��,.� �, s _ �`� �� . 1 �� c� � �- �.�j I,r� � -�-�1�- � �o� �.� � �� ,�-- hc�p � � �,� _ � � � , ��c.�e� ,� � t.�-�,� -�o `�ti :� c�,�rz.. � � �� 4� � �� :' �. �.; �.�-� . � �� `� �� I ��- � � � ��. c��.:��- �� -- ti �. ��;3 � � � � ��-�� '�' �� .�c� c.��s� -4--�� s c�.�� , ��.�-� ( � �.t� �_c�? ��v� �� ,�.� ��,� ��:�.�s � �1 �. �1'O:�SSs�fi� _ t��f7�' — —- — — -— �� .� ��.' �,v �� .. _ �� - � Q 1'`�1 � S�C..�.Q � � `� i�l � �� ,t �. `C:f� <� y�-- �� C� ��o ��- Q� t � c� �� c�e.r ��-�es1 h� ��- �`n--Q-- .� C�1 ;C;� � C�-(-(,..� '�� r��t�l� ��'�- � s-�°� c. c�1 c�ss �, �� G� �z:�:�� _ - - - �l c�� : � S � ��- ��-e. C�� ` � w �-�-. � -1-G'��.. C�cn c�- � � � ��, t�'� - �'�1,; � e�d- , - :-�, --��,n1� � � � �� . � �--`�R�` `� ��a.� � � ��—� _ ;�.,�-- �� - `�-5��4�`v� �� _��'1,'� �5�� Chapter 376. Taxicabs* (0-�I Sec. 376.16. Taxicab 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 aliow any other person to drive a taxica6, 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 iicensed to operate a taxicab in another city may carry passengers from that city to any pface 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. White within the city, the taxicab driver shail be required to observe all of the applicable regulations and conditions of this section and shall have in possess+on and display to any person upon demand the license certificate for the taxicab. (c) License application. Every appiicant for a taxicab driver's license shal{ 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 6y the appiicant. Prior to the issuance of the license, every iicensee shail be photographed. The chief of police or his representative shali investigate each appiicant and shali forward the results of the application to the license inspector. Any false statement on the application shali 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) Prereguisites fo 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 c+tizen 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.i95), manslaughter (§§ 609.20 to 609.205), criminai vehicular homicide and injury (§ 609.21), assault I--III (§§ 609221 to 609.223), criminal sexual conduct (§§ 609.342 to 609.345i), indecent conduct (§ 617.23, subd. 2 or 3); or any vioiation 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 shaff 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 immediatefy 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:lflibrary l. municode.com/44721Doc V iew! 10061! 11318l385?hilite=376; 12l30/2009 Chapter 376. Taxicabs* jp�� Page 2 of 4 c, A person holding a license on the effective date of this section (July 14, 20�6) wiif be disqualified from license renewal only for convictions that occur after the effective date of this section. However, no licensee wil! be eligible for renewal if the licensee has any fefony 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 controiied substance, prostitution or indecent conduct. (5) Shaii have a driving record meeting the foilowing standards: a. No convictions in the last ten (10) years for any of the fo{{owing o�fenses involving injury or death; no conviction in the last three {3) years for any of the foliowing offenses not invoiving 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. § 168A.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 simifar law of another state or Minnesota iaw 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) wifl be disquafified from license renewal only for convictions that occur after the effective date of this section. However, no licensee wiil be eligible for renewal if the licensee has any convictions for the above-listed offe�ses in the five (5) years preceding renewal or in the three (3) years preceding renewal if the offense did not involve injury or death. b. No prior license revocation within one year immediately preceding application as defined in Minn. Stat. § 169A.03, subd 21. c. For original licensure: No more than four (4) moving violations within the last three (3) years, and no more than two (2) moving violations in the last year. For renewal: No more than four (4) moving violations within the fast 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, vehic{e 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 shail submit a copy of that appficanYs driving record from that state. f. Upon submission of proof of suitability and evidence of insurability, the license inspector may waive one (i) or more of the requirements lisied above; provided, that any such waiver shali indicate the grounds for the inspector's decision and shafl 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) Failure to appiy for renewal of any taxicab operator's license within thirty (30) days after expiration shali be deemed an abandonment of ihe licensee's right to such renewal. httpJllibrary 1.municode.com14472fDocView110061l1l3181385?hilite=376; 12f3012009 Chapter 376. Taxicabs* Page 3 of 4 ja��l (8) For any driver seeking original Iicensure, or any driver whose taxi lice�se has fapsed 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 successfuily completed the taxicab driver training course as set forth in section 376.17. (f) Duty to exhibit Jicense. 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 shail 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) Reguirement of valid Minnesota or Wisconsin driver's license. Any time that a iicensee's Minnesota or Wisconsin driver's license is suspended, revoked or cancefed, his or her taxicab driver's license shall likewise be immediately suspended, revoked or canceled. No person shall operate a taxicab without a vatid Minnesota or Wisconsin driver's license. (i) Renewals. A taxicab driver's license shall be issued annualfy. 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 annuai fee as set forth in Saint Paul Legislative Code section 310.18. The driver shail make such renewal application upon a form to be furnished by the department of safety and inspections. 7he renewal form shall be filled out with the fulf 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 shafi be considered a new applicant. Q) Suspension, revocation and nonrenewai. A taxicab driver's license may be revoked, suspended or not renewed by the iicense 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 i�een revoked or suspended, it shall immediately be returned to the department of safety and inspections. If the city council stipulates that a licensee whose taxicab driver's ficense 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 �icense; iimited 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 shalf immediately surrender his or her taxicab driver's ficense to the department of safety and inspections. The taxicab driver's license shall be returned to the iicensee 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 refusal to submit to a legally required biood aicohol test under the state implied consent statute shail be grounds for the revocation, nonissuance or nonrenewal of the taxicab driver's license. (2) Any licensed taxicab driver whose Minnesota or Wisconsin driver's license has been revoked and who has been issued a limited license authorizing the operation of a taxicab shall immediately notify the department of safety and inspections of the same. At that http://]ibrary l.municode.coml44721DocViewll0061l1/318l385?hilite=376: 12l3o12nn9 Chapter 376. Taxicabs�` Page 4 of 4 �D'�) time, the licensee shail 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 wil{ be driving a taxicab during the term of the limited ficense. No deviation from the schedule shall be permitted. In addition, the licensee shail personally furnish to the license inspector copies of all trip sheets for all shifts worked during the term of the timited license. (3) Any person holding a taxicab driver's ficense shali notify the department of safiefij and inspections immediately whenever he or she is convicted of an impaired driving offense. (4) Refusal to take andlor failure to pass a chemical test administered pursuant to 169A.51 while on duty shail be grounds for revocation of a taxicab driver's license. (5) Failure to compiy with the provisions of this section shall be grounds for revocation of a taxicab driver's license. (i) Notification ot 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, § i6, 3-23-94; C.F. No. 96-486, §§ 2--4, 6-26-96; C.F. No. 97-870, § 1, 8-13-97; C.F. No. 99-231, § 1, 5-12-99; C.F. No. 00-574, § 1, 7-12-00; C.F. No. 03- 123, § 1, 3-5-03; C.F. No. 04-187, § 1, 3-3-04; C.F. No. OS-823, § 1, 9-28-05; C.F. No. 06-46�, § 1, 6- 14-06; C.F. No. 07-149, § 127, 3-28-07) hrip://library l.municode.coml4472/DocViewJ1 006 1 /1/3 1 8/3 8 5?hilite=3'76; 12J30/2009 fo�) MINNESOTA STATUTES 2009 609.2242 609.2242 DOMESTIC ASSAULT. Subdivision 1. Misdemeanor. Whoever does any of the following against a family or household member as defined in section 518B.01, subdivision 2, commits an assault and is guilty of a misdemeanor: (1) commits an act with intent to cause fear in another of immediate bodily harm or death; or (2) intentionaliy inflicts or attempts to in�ict bodily harm upon another. Subd. 2. Gross misdemeanor. Whoever violates subdivision 1 within ten years of a previous qualified domestic violence-related offense convicrion or adjudication of delinquency against a family or household member as defined in section 518B.01, subdivision 2, is guilty of a gross misdemeanor and may be sentenced t� imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both. Subd. 3. Domestic assaults; firearms. (a) When a person is convicted of a violation of this section or section 609.221, 609.222, 609.223, 604.224, or 609.2247, the court shall determine and make written findings on the record as to whethez: (1) the assault was committed against a family oz household member, as defined in section 518B.01, subdivision 2; (2) the defendant owns or possesses a firearm; and (3) the firearm was used in any way during the commission of the assault. (b) If the court determines that the assault was of a family or household member, and that the offender owns or possesses a firearm and used it in any way during the commission of the assault, it shall order that the firearm be summarily forfeited under section 604.5316, subdivision 3. (c) When a person is convicted of assaulring a family or househoid member and is determined by the court to have used a fireann in any way during commission of the assault, the court may order that the person is prohibited from possessing any type of fireazm for any period longer than three yeazs ar far the remainder of the person's life. A person who violates this pazagraph is guilty of a gross misdemeanor. At the time of the conviction, the court shall inform the defendant whether and for how long the defendant is prohibited from possessing a firearm and that it is a gross misdemeanor to violate this paragraph. The failure of the court to provide this information to a defendant does not affect the applicability of the firearm possession prohibition or the gross misdemeanor penalty to that defendant. (d) Except as otherwise provided in paragraph (c), when a person is convicted of a violation of this secrion or section 609.224 and the court determines that the victim was a family or Copynght 0 2009 by the Rev�sor of Stamtes, State of Minnesota. Al] Rights Reserved. ��-�1 2 MINNESOTA STATUTE5 2009 609.2242 household member, the court shall inform the defendant that the defendant is prohibited from possessing a pistol for three years from the date of conviction and that it is a gross misdemeanor offense to violate this prohibition. The failure of the court to provide this information to a defendant does not affect the applicability of the pistol possession prohibition or the gross misdemeanor penalty to that defendant. (e) Except as otherwise provided in pazagraph (c), a person is not entitled to possess a pistol if the person has been convicted after August l, 1992, of domestic assault under this section or assault in the fifth degree under section 609.224 and the assault victim was a family or household member as defined in section 518B.01, subdivision 2, unless three yeazs have elapsed from the date of conviction and, during that time, the person has not been convicted of any other violation of this section oz section 609.224. Property rights may not be abated but access may be restricted by the courts. A person who possesses a pistol in violation of this puagraph is guilty of a gross misdemeanor. Subd. 4. Felony. Whoever violates the provisions of this section or section 609.224, subdivision 1, within ten years of the first of any combination of two or more previous qualified domestic violence-related offense convictions or adjudications of delinquency is guilry of a felony and may be sentenced to imprisonment for not more than five yeazs or payment of a fine of not more than $10,000, or both. History: 1995 c 259 art 3 s I5; 2000 c 437 s$ 9; 1 Sp2001 c 8 art 10 s 10,11, 2005 c 136 cu^t 17s12, Copyri�ht � 2D09 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. Ea�i MINNESOTA STATUTES 2009 364.01 364.01 POLICY. The legislature declares that it is the policy of the state of Minnesota to encourage and contribute to the rehabiliration of criminal offenders and to assist them in the resumption of the responsibilities of citizenship. The opportuniry to secure employment or to pursue, practice, or engage in a meaningful and profitable trade, occupation, vocation, profession or business is essential ta rehabilitation and the resumption of the responsibilities of citizenship. History: 1974 c 298 s I Copyright �O 2D09 by ffie Revisor of Statutes, State of Mmnesota. All Rights Reserved.