95-311Council File # -„3��
Green Sheet # 2g2�$
Presented By
Referred To
Committee: Date
i RFSOLVED, that the Tazicab Driver's License (#20948), held by Robert M.
2 Manone, Jr. is hereby revoked.
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FURTHER RESOLVED, that the Report of the Adminisuative Iaw Judge dated
February 23, 1995, with iu Findings of Fact, Conclusions of Law, Recommendations and
Memorandum, is expressly ratified and adopted as the written findings and conclusions of
the Council with four exceptions. (The underiined text constitutes the amended language):
Finding of Fact No. 4 is amended to read:
As the vehicles reached Interstate 94 and Western, the police activated the
squad siren and broadcast details of their pursuit over the police radio. At
this point Of6cers Grav and Davis observed the driver leanin� over from the
driver's side to the passenger side of the car Upon nearin�the intersection
of Interstate 94 and Dale Street the driver appeared to be throwin,g shiny
bags out of the �assenger window of the car. The o�cers observed
over the police radio. Officer Winsor of the Saint Paul Police De�,utment
heard the description of the event over the police radio and went to the area
and searched for the items on the shoulder of Interstate 94 iust before Dale
Street. Officer Winsor found three plastic sandwich bags each containin�a
Finallv Mr. Manone e�tited the interstate at Hamline, but continued through
the city streets -- with the police in pursuit -- to the Twin City Yellow Cab lot
at Marshall and Pasczl."
Finding of Fact No. 5 is amended to read:
When Mr. Manone stopped his cab in the Yellow Cab parking lot, Officer
Gray had to take him forcibly from the car after repeated verbal commands
and after drawing his gun. Approximately ten other police of£icers arrived at
the scene in response to the information relayed over the police radio; one
other officer was needed to help Officer Gray take Mr. Marrone into custody.
person were $243.46 in cash and a marijuana cigarette butt Mr. Marrone has
been charged with fleeing police in a motor vehicie, but has not yet been tried
on this charge:'
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
_ Finding of Fact No. 6 is amended to read:
On January 14, 1995, Mr. Marrone was arrested again when a Saint Paul
police officer observed him driving his cab erratically and at a high rate of
speed. When the officer tumed on his red lighu, Mr. Marrone increased his
speed and made several additional turns before pulling over. As the arrestine
officer finally watched the taYicab pull over to the curb. the officer observed
the driver throw four cello�hane bag�ies out the right front passen�er window
with two throwin,� motions. As the arresiing officer approached the vellow
cab. he couid detect a strong odor of marijuana from inside the taxi where
Mr. Marrone was seated in the driver's seat. The officer was later able to
view the four cell�hane bags and saw that thev contained a brown leafy
substance. From the officer's training and manv arrests of �eople �ossessing
marijuana the officer identified the substance as marijuana. Later the
in cash was recovered from Mr. Marrone's person. See report of Officer
Shoemaker, marked as E�chibit 9."
Conclusion of I.aw No. 5 is amended to read:
A preponderance of the evidence established that Mr. Mazrone engaged in
conduct which failed to comply with laws reasonably related to the licensed
activity of driving a cab in Saint Paul, including Minnesota Statutes Secs.
609.487 (fleeing a police officer in a motor vehicle), 152.09 (careless driving)
and 169.13 (possessing small amounts of marijuana�:'
y�°—.� //
This Resolution is based on the record of proceedings before the Administrative I.aw
Judge, including the hearing on January 24, 1995, the documents and eachibits introduced
therein, the arguments and statements of counsel for the City License Division and the
Licensee on March 15, 1995. The report of the ALJ is attached hereto and is expressly
incorporated in and made a part of this Resolution.
A copy of this Resolution, as adopted, shall be sent by first ciass mail to the
Administrative Law Judge, and to the licensee.
Requested by Department of:
By:
Form Approved by City Attorney
Adopted by Council: Date � a �,� aa l�'�,�5 �
Adoption Certified by Council Secretary g ���' r lfi� �° l�'�J�
!\ _
B
App
s
Approved by Mayor for Submission to Council
By:
9�=�r�
DEPARTMENT/OFFICElCOUNCIL DATE MITIATED � O �"� O �
c�t coun�� 3/22/95 GREEN SHEE
fANTAGr PERSON 8 PHONE INITIAVDATE INITIAVOA7E
� DEPqqTMENT DIREGTOR � CITV GOUNqL
Councilmember Dino 6uerin ��GN �CIiYATTORNEY �CIT1'CLERK
MUST BE ON COUNCI4 AGENOA BY (DATE) NUYBER FOR � BUDGET �IRECTOR O FIN. & MGT. SERVICES DIR.
ROUTING
OflUER O MAYOR (OR ASSISTAIJn �
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION FEQUESTED:
Revoking the Taxicab Driver's License (1620948) tield by Robert M. Marrone, Jr.
RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTPACTS MUST ANSWER TNE FOLLOWING �UESTIONS:
_ PLANNING CAMMISSION _ CIVIL SEFVICE COMMISSION 1. Has this person�rm ever worked under a contract for this departme�t?
_ C18 COMMITfEE _ YES NO
2. Has ihis personHirm ever been a city employee?
_ STAFF _ YES NO
_ DISTRICTCOURT __ 3. Doesthis er5on/firm
p possess a skill not normally possesud by any current ciry employee?
SUPPOFTS WHICH COUNCIL OBJEC7IVE? YES NO
Explain all yes answers on separate sheet antl attach to green sheet
INITIATING PROBLEM, ISSUE, OPPORTUNITV (Who. What, When, Where, Why)�
ADVANTAGESIFAPPROVED
DISADVANTAGES IFAPPROVE�
DISADVANTAGES IF NOT APPROVED:
TOTAL AMOUNT OF TRANSACTION $ CO57/REVENUE BUDGETED (CIRCLE ONE) VES NO
FUNDIfdG SOURCE ACTIVITV NUMBER
FINANCIAL INFORMATION' (EXPIAIN)
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
100 Washington Square, Suite 1700
100 Washington Avenue South
Minneapolis, Minnesota 55401-2138
March 2, 1995
Nancy Anderson
Assistant Secretary to Council Research
St. Paul City Council
310 City Hdll
15 West Kellogg Boulevard
St. Paul, Minnesota 55102
�5-3�I
Re: In the Matter Robert M. Marrone, Jr., Taxicab Driver's License No. 20948;
OAH Docket No. 80-2101-9343-3.
�F�ar Mc. A^u�Y50^:
Enclosed is a copy of the tape from the hearing held on Jan�ary 24, 1995, in
the above-referenced matter. The record was returned to you on February 28,
1995.
Sincerely,
�o,�-�ct�� � �lc��
SANDRA A. HAVEN
Office Services Supervisor
Telephone: 612/341-7642
sh
Enc.
Providing Impartial Hearings tor Government and Citizens
An Equal Opportuniry Employer
Administrative Law Section 8, Administretive Services (612) 341-7600 + TDD No. (612) 341-7346 � Fax No. (612) 349-2665
t:t:i j�!I
I r.! �' �;��r I4��
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� �,A � OF MINNESOTA
i ., . , s 3, , r.., :,,.
O�' :�. t�' �'�.' �'�,1��NISTRATIVE HEARINGS
`�>' O�RI��}SI�Fi�ton Square, Suite 1700
100 Washington Avenue South
Minneapolis, Minnesota 55401-2138
February 23, 1995
Ms. Janet A. Reiter
Office of City Attorney
400 City Hall
15 West Rellogg Blvd.
St. Paul, MN 55102
Mr. Robert M. Marrone, Jr.
840 East Third Street
St. Paul, MN 55106
RECEdVE�
FEB 2 41995
CITY GLERK
�5�.3��
�!
Re: In the Matter o£ the
Licence held by Robert M. Marrone, Jr.,
Taxicab Driver's License No. 20948
File No. 80-0900-9304-2
Dear Ms. Reiter and Mr. Marrone:
Enclosed please find a copy of my Findings of Fact,
Conclusions of Law and Recommendation prepared in the above-
captioned matter. A copy has also been served upon the City
Clerk for the Saint Paul City Council on this date.
Please refer to the first page o£ the Report for a
description of your rights to comment to the City Council.
Sincerely,
ita A. McCOnnell
AdminiStrative Law Judge
cc: City Clerk, Saint Paul City Council�
Prowding Impartial Hearings for Government and Citizens
A n Equal Opportunity Employer
Administrative Law Section & Adminishative Sernces (612) 341-7600 � TDD No (612) 341-7346 � Fax No- (612) 349-2665
�5-3�1
80-2101-9343-3
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE AEARINGS RECEIVE�
FOR THE CITY OF SAINT PAUL
FEB 2 41995
C1TY CLER4�
In Re the Licenses of
Robert M. Marrone, Jr.
Taxicab Driver's License
No. 20948
FII3DINGS OF FACT
CONCLUSIONS OF LAW
AND RECOMMENDATION
The above-entitled matter came on for hearing before
Administrative Law Judge Rita A. McConnell on January 24,
1995 at 9:30 a.m., in Room 41, Saint Paul City Hall and
Ramsey County Courthouse, 15 West Kellogg, Saint Paul,
Minnesota, 55102. The record closed on January 24 at the
close of the hearing.
Janet A. Reiter of the Office of the City Attorney
appeared on behalf of the City of Saint Paul, Office of
License, Inspection and Environmental Protection. The
following witnesses testified on behalf of the City:
Officers James Gray and Michael Davis of the Saint Paul
Police Department; and Kristina Van Horn, senior license
inspector with the Office of License, Inspection and
Environmental Protection.
Robert M. Marrone, Jr. appeared pro se and on behalf of
Licensee.
Notice is hereby given that this Regort is a
recommendation only and not a final decision. The Saint
Paul City Council will make the final decision. After a
review of the record, it may adopt, reject, or modify the
Findings of Fact and Recommendations contained herein.
After receipt of this Report, the council shall provide the
licensee an opportunity to present oral or written arguments
alleging error on the part of the examiner in the
`�5 - 3��
application of the law or interpretation of the facts and to
present argument related to the recommended adverse action.
Parties should contact the City Clerk, St. Paul City
Council, 386 City Hall, St. Paul, Minnesota 55102, to
ascertain the procedure for filing exceptions or presenting
argument.
STATEMENT OF ISSUES
1) Did licensee Robert M. Marrone, Jr. engage in
conduct that failed to comply with laws reasonably related
to the licensed activity of driving a taxicab, or perform
the licensed activity in a manner that was unsafe or created
a danger to public safety.
2) Does such conduct justify revocation of the taxicab
driver's license of Robert M. Marrone, Jr. pursuant to
sections 310.06 (b)(6) and (7) of the Saint Paul Legislative
Code.
Based upon all the files, records and proceedings
herein, the Administrative Law Judge makes the following:
FINDINGS OE FACT
1. Robert M. Marrone, Jr. is a licensed taxicab
driver, license identification number 20948. See Exhibit 2.
He drives a Yellow Cab owned by Twin City Yellow Cab, 1463
MaZShall Avenue, Saint Paul.
2. At 7:30 p.m. on October 10, 1994, Mr. Marrone was
driving his cab westbound on Interstate 94 near Highway 61
at a high rate of speed. He passed Saint Pau1 police
of£icers Sames Gray and Michael Davis, who were on duty and
driving in a marked police car. The officers increased
their speed to 85 miles per hour and caught up Mr. Marrone's
car near Mounds Boulevard. The officers followed Mr.
Marrone's cab for the next two miles, pacing its speed at 80
to 85 miles per hour.
`yl 5 - '3 \1
3. Near the Marian Street exit, the officers pulled
directly behind Mr. Marrone and turned on their red
emergency lights. Mr. Marrone slowed to 55 miles per hour
and pulled over to the far right lane, but did not stop.
4. As the vehicles reached Interstate 94 and Western,
the police activated the squad siren and broadcast details
of their pursuit over the police radio. Mr. Marrone exited
the interstate at Hamline, but continued through the city
streets -- with the police in pursuit -- to the Twin City
Yellow Cab lot at Marshall and Pascal.
5. When Mr. Marrone stopped his cab in the Yellow Cab
parking lot, Officer Gray had to take him forcibly from the
car after repeated yerbal commands and after drawing his
gun. Approximately ten other police officers arrived at the
scene in response to the information relayed over the police
radio; one other officer was needed to help Officer Gray
take Mr. Marrone into custody. Mr. Marrone has been charged
with fleeing police in a motor vehicle, but has not yet been
tried on this charge.
6. On January 14, 1995, Mr. Marrone was arrested again
when a Saint Paul police officer observed him driving his
cab erratically and at a high rate of speed. when the
of£icer turned on his red emergency lights, Mr. Marrone
increased his speed and made several additional turns before
pulling over. 5ee report of Officer Shoemaker, marked as
Exhibit 9.
7. A citizen complaint about Mr. Marrone brought his
driving record to the attention of Kristina Van Horn, senior
license inspector with the license division of the Office of
License, Inspection, and Environmental Protection ("LIEP").
See comglaint form dated November 16, 1994, marked as
Exhibit 5. Upon reviewing that driving record, marked as
Exhibit 6, and the police report from the incident on
October 10, Ms. Van Horn recommended that Mr. Marrone's
taxicab license be revoked.
Rs -� `�
8. Notice of the hearing in this matter was served on
Mr. Marrone by mail on December 27, 1994. See Exhibit 1.
Following service of the notice, but prior to the hearing,
LIEP learned about Mr. Marrone's arrest on January 14, 1995
as described above. At the hearing on January 24, the City
was given leave to amend the notice of hearing to include
allegations o£ the January 14 incident as additional grounds
for revocation of Mr. Marrone's license.
Based upon the foregoing, the Administrative Law Judge
makes the following:
CONCLUSIONS OF LAW
1. The Administrative Law Judge and the St. Pau1 City
Council have jurisdiction in this matter pursuant to St.
Paul Legislative Code Sections 310.05 and 310.06.
2. Mr. Marrone received timely and proper notice of
the hearing of this matter pursuant to Saint Paul
Legislative Code Section 310.05(b).
3. Mr. Marrone's taxicab license is subject to the
provisions of the Saint Paul Legislative Code, Section
376.16, which provides as follows:
(jj Suspensions, revocations 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.
4. Mr. Marrone's license may be revoked or suspended
under Section 310.06 of the Saint Paul Legislative Code on
the following grounds:
(6) c. The licensee .,. has engaged in or
permitted a pattern or practice of conduct of
failure to comply with laws reasonably related to
the licensed activity or from which an inference
of lack of fitness or good character may be drawn.
9,5 _���
(7) The activities of the licensee in the
licensed activity created or have created a
serious danger to the public health, sa£ety or
welfare or the licensee performs or has performed
his or her work or activity in an unsafe manner.
5. A preponderance of the evidence established that
Mr. Marrone engaged in conduct which failed to comply with
laws reasonably related to the licensed activity of driving
a cab in Saint Paul, including Minnesota Statutes Secs.
609.487 (fleeing a police of£icer in a motor vehicle) and
152.�9 {careless driving).
6. A preponderance of the evidence established that
Mr. Marrone engaged in conduct during the course of
performing his licensed activity that created a serious
danger to public safety.
7. A preponderance of the evidence established that
Mr. Marrone has performed his licensed activity in an unsafe
manner.
8. These Conclusions are made for the reasons set out
in the Memorandum which follows and which is hereby
incorporated into these Conclusions by reference.
Based upon the foregoing Conclusions, the
Administrative Law Judge makes the following:
RECQMMENDATION
IT IS HEREBY RECOMMENDED that the St. Paul City Council
revoke the taxicab license issued to Robert M. Marrone, 3r.
Rs -� �1.
Dated this 23d day of February, 1995.
_ / G
�-dr
Rit A. McConnell
inistrative Law Judge
Reported: Taped (not transcribed; tape number 21,500)
MEMORANDUM
The first issue to be determined in this case is
whether Mr. Marrone engaged in conduct that justifies
adverse action against his taxicab license. Mr. Marrone
argues it is premature to make such a determination because
he has not yet been tried or convicted on any charqes
related to the incidents detailed above. To take action
against the license, however, the City is not required to
establish criminal activity, nor must it meet the standard
of proof required for a criminal conviction. Rather, the
City must show by a preponderance of the evidence that Mr.
Marrone engaged in the conduct alleqed.
Through the testimony of the police officers and Ms.
Van Horn, the City established the following facts by a
preponderance of the evidence: (1) Mr. Marrone drove his
cab at a very high speed on Interstate 94, and failed to
yield to police sirens and emergency lights while travelling
on both the interstate and city streets on October 10, 1994;
and (2) Mr. Marrone exceeded the speed limit, drove
carelessly, and failed to respond to a police signal on
January 14, 1995. Whether or not this conduct was criminal
in nature, it constituted a failure to comply with
�5 . a��
applicable laws, was an unsafe
licensed activity, and created
saf ety .
manner of conducting the
serious danger to public
Given this conduct, the second question to be addressed
is what action should be taken against Mr. Marrone's
license. Mr. Marrone argues against revocation, claiming
that he is a reputable taxi driver who depends on his
license for his livelihood. Nevertheless, on two occasions
Mr. Marrone has shown careless disregard for the laws
governing his licensed activity and for the safety of other
drivers while he was engaged in that activity. His conduct
on October 10, which ultimately took ten police officers
away from their other duties, was an inexcusable
endangerment of the public. An individual who demonstrates
such disdain for the rules of the road and for public safety
should not be permitted to hold a license for an occupation
that requires him to drive a vehicle.
R.A.M.
OFFICE OF THE CITl' ATTORNEY
TimoUry E. Mms, Gry Aaomey Q S•. `,
�
CTTY OF SAINT PAUL
Norm Colernan, Mayor
Mazch 6, 1995
Civi1 Dn¢sion
400 C¢y Ha7!
IS R'e¢ KeTlogg Blvd
Sauu Pau� Minnevata SSIO2
Teleplwne: 612 2668710
Facsimi/c 612 298S6Z9
� ��.. �� F
y`i,�'v[ic w , •
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ilir'?; g� +�
Robert M. Marrone, Jr.
840 East Third Street
St. Paul, Minnesota 55106
� Nancy Anderson
Council Investigation and Research
310 City Hall
15 West Kellogg Blvd
Saint Paul, Minnesota 55102
RE: In the Matter of the License held by Robert M. Marrone, Jr.
Taxicab Driver's License No. 20948
Deaz Mr. Manone and Ms Anderson:
Enclosed please find the City License Inspector's F�ceptions to Findings,
Conclusions and Recommendations regarding the above-mentioned matter.
Sincerely,
� �. ��-�
Janet A. Reiter
Aitorney for the City of Saint Paul
- License Inspector
enclosure
°ts_��1.
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARZNGS
NO. 80-2101-9343-3
In Re the License of CITY LICENSE INSPECTQR'S
Robert M. Marrone, Jr. EXCEPTIONS TO FINDINGS,
Taxicab Drivers License CONCLUSIONS AND
No . 2 0 9 4 8 RECO2�IENDATIONS
The City of Saint Paul, acting through its License
�_ Inspector, files the following exceptions pursuant to.Minn. Stat.
1986, section 14.61, to the Report of the Administrative Law
Judge (hereafter "AIJ") in the above-named matter, which was
dated February 23, 1995 and filed with the City Clerk thereafter.
I. Exceptions to Findings of Fact:
A. Findina 4: This finding does not include a
finding, as it should, that after following the
taxicab past the intersection of Interstate 94 and
Western, Officers Gray and Davis witnessed the
driver of the taxi lean over from the driver's
side to the passenger side of the car and throw
shiny, possibly light colored, bags out the
passenger window of the car. The officers
observed a total of five (5) bags being thrown
from the cab, three (3) bags before Dale Street
and two (2) bags after Dale Street. Officer Davis
broadcast this information over their police
radio. Officer Winsor of the Saint Paul Police
Department heard the description of the event over
the police radio and went to the area and searched
for the items. On the shoulder of Interstate 94
just before Dale Street, he found three plastic
sandwich bags each containing a green leafy
substance. The officer performed a Duquenois test
on a sample from each bag, which positively
identified the contents as marijuana.
B. Findina 5: This finding does not include the fact
that, found on Mr. Marrone's person upon being searched
at the time of arrest, was $243.46 in cash and a small
°lS-���
amount of marijuana in the form of a marijuana
cigarette butt.
C. Findina 6: This finding should include a finding that
on January 14, 1995, as the arresting officer watched
the taxicab pull over to the curb, he observed the
driver throw four cellophane baggies out the right
Pront passenger window with two throwing motions.
Additionally, this £inding should also include the fact
that as the arresting officer approached the
automobile, he could detect a strong odor of marijuana
from inside the taxi where Mr. Marrone was seated in
the driver's seat. The officer was later able to view
the four cellophane bags and saw that they contained a
brown leafy substance. From the officer's training and
many arrests of people possessing marijuana, the
officer identified the substance as marijuana. Later
the contents was tested using a Duquenois test and was
positively identified as marijuana. Upon arrest a
total of four hundred seventy nine dollars ($479.00) in
cash was recovered from Mr. Marrone.
II. Exceptions to Conclusions of Law:
A. Conclusion 5: This conclusion should make reference tc
the fact that on two occasions Mr. Marrone engaged in
conduct which failed to comply with laws reasonably
related to the licensed activity, including Minn. Stat.
169.13 (possessing small amounts of marijuana) in
addition to the offenses specified by the ALJ. It was
shown by a preponderance of the evidence that Mr.
Marrone engaged in the illegal activity of possessing
marijuana while driving a taxicab.
III. Recommendation.
The City, by and through the License Inspector, concurs with
the recommendation made by the AIJ to revoke the taxicab license
issued to Mr. Robert M. Marrone, Jr. The License Inspector
therefore urqes the Council to follow that recommendation that
the taxicab license be revoked.
g,5 _3��.
CONCLUSION
The undersigned urges that the Council adopt all the
Findings and Conclusions of the AL7, as well as the attached
Amendments to the Findings and Conclusions as specified above.
In addition, the Council is urged to follow the recommendation of
the AZJ to revoke the taxicab license of Robert M. Marrone.
Submitted this � day of /�'�Q✓C�i , 1995.
TIMOTHE E. MARX
CITY ATTORNEY
1,����2� - ��
J ET A. REITER
Office of the City Attorney
Attorney for the City of Saint
Paul - License Inspector
400 City Hall
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
Atty. Reg. No. 250806
3
°fs _'���
APPE23DIX
I. Amended Findings of Fact
A. Amended Finding 4:
"4. As the vehicles reached Interstate 94 and
Western, the police activated the squad siren and
broadcast details o£ their pursuit over the police
B. Amended Finding 5:
"5. when Mr. Marrone stopped his cab in the
Yellow Cab parking lot, Officer Gray had to take
him forcibly from the car after repeated verbal
commands and after drawing his gun. Approximately
ten other police officers arrived at the scene in
response to the information relayed over the
police radio; one other officer was needed to help
OfPicer Gray take Mr. Marrone into custody. Unon
mari�uana civarette butt. Mr. Marrone has been
charged with fleeing police in a motor vehicle,
but has not yet been tried on this charge."
(Underlined text constitutes amended language.)
4
city streets -- with the police in pursuit -- to
the Twin City Yellow Cab lot at Marshall and
Pascal." (IInderlined text constitutes amended
language.)
qs-3�t
C. Amended Finding 6:
"6. On January 14, 1995, Mr. MaTrone was arrested
again when a Saint Paul police officer observed
him driving his cab erratically and at a high rate
of speed. When the officer turned on his red
lights, Mr. Marrone increased his speed and made
several additional turns before pulling over. As
II. Amended Conclusions of Law.
A. Amended Conclusion 5:
"5. A preponderance of the evidence established
that Mr. Marrone engaged in conduct which failed
to comply with laws reasonably related to the
licensed activity of driving a cab in Saint Paul,
including Minnesota Statutes Secs. 609.487
(fleeing a police officer in a motor vehicle),
152.09 (careless driving) and 169.13 (possessincr
small amounts of marijuanal." (Underlined text
constitutes amended language.)
5
four hundred seventv nine dollars (5479 00) in
cash was recovered from Mr Marrone's person See
report of Officer Shoemaker, marked as Exhibit 9."
(Underlined text constitutes amended language.)
�ls ..a��
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
AFFIDAqIT OF 5ERVICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on March 6, 1995, she served the attached City License
Inspector's Exceptions to Findings, Conclusions and Recommendations
on the following named person by placing a true and correct copy
thereof in an envelope addressed as follows:
Robert M. Marrone, Jr.
840 East Third Street
St. Paul, MN. 55106
which
same,
Paul,
is the last known address of said person) and
with postage prepaid, in the United States
Minnesota.
Subscribed and sworn to before me
this 6th day of March, 1995.
`�;��.�,--�.. (� <���
Notary Public
� SELVA J. FIOYD �
NOTAflY PUBt.IC' MINN�TA
RAMSEY COUNTY
� eyt;orm. �po-es,�en. a�. �aoo �
depositing the
mails, at St.
I'li�. �.j'i'�i':
; �j"' �bj;j;;;a .
y � ;kr� '(�d �sfi:.. �
'��TE OF MINNESOTA °� 5` 3 �t
q .
OF , i�'�'' � A1b1,1IINISTRATNE HEARINGS
��� i�l`��Ifias�3rigton Square, Suite 1700
100 Washington Avenue Soutfi
Minneapolis, Minnesota 55401-2'138
RECEIVEC�
FEB 2 41995
CITY CLERK
February 23, 1994
City Clerk
Saint Paul City Council
386 City Hall
15 West Kellogg Blvd.
Saint Paul, Minnesota 55102
Re: In the Matter of the License held by
Robert M. Marrone, Jr., Taxicab Driver's
License No. 20948
File No. 80-2101-9343-3
Dear City Clerk:
Enclosed for service upon the Saint Paul City Council are
the Findinqs, Conclusions, Recommendation and Memorandum I
prepared following a hearing in the above-referenced matter.
A copy of this Report has also been served this day on Janet
Reiter of the Office of the City Attorney and the licensee,
Mr. Robert M. Marrone, Jr.
Sincerely,
���2�
R� a A. cCOnnell
Hearing Officer
cc: Ms. Janet Reiter
Mr. Robert M. Marrone, Jr.
Providing Impartial Hearings for Government and Citizens
An Equal Opportunity Employer
Administrative Law Section & Administretive Services (612) 341-7600 � TDD No. (612) 341-7346 � Fax No. (612) 349-2665
OFFICE OF THE CITY ATTORI3EY
Timothy E. Marx, Ciry Attomcy
95-'31�
CTTY OF SAINT PAUL
Nomt Colen�an, Maynr
Ci�i! Dn•ision
a00 Ciry Ndt
IS West Kellogg Blvd
Sain! Paul, Minnuot¢ 55702
Telephone.• 612 266$770
Fauimile: 672 298S6I9
�s�.�,.`�i+�=�':��F ..> _' '. _ . _. _ .
February 28, 1995
Robert M. Marrone, Jr.
840 East Third Street
St. Paul, Minnesota 55106
-� f� ^ ^Qri
��s� � � ����
1�OTICE OF COL3NCIL HEARING
RE: In the Matter of the License held by Robert M. Marrone, Jr.
Taxicab Driver's License No. 20948
Dear Mr. Marrone:
Please take notice that a hearing on the report of the Administrative Law Judge
concerning the above-mentioned license has been scheduled for 3:30 p.m., March 15,
1995 in the City Council Chambers, Third Floor, Saint Paul CYty Hall and Ramsey
County Courthouse.
You have the opportunity to �le exceptions to the report with the Nancy
Anderson, City Councii Research Center, at any time during normal business hours.
You may aiso present oral or written argument to the Council at the Hearing. No new
evidence will be received or testimony taken at this hearing. The Council will base its
decision on tbe record of the proceedings before the Administrative Iaw Judge and on
the arguments made and exceptions filed, but may depart from the recommendations of
such Judge as permitted by law in the exercise of its judgment and discretion.
Very Truly Yours,
��rr""'" ` � /��rav"�.
JANET A. REIT'EF2
Office of the City Attorney
cc: Robert Kessier, Director
LIEP
�S -��l
Notice of Hearing
Robert M. Marrone, Jr.
February 27, 1995
Page 2
cc: Kristine Rozek
LIEP
Lt. Nancy DiPema
SIU
Nancy Anderson
City Council
gs_ 3��
STATE OF MINNESOTA
COUNTY OF RAMSEY
ss. AFFIDAVIT OF SERDICE BY MAIL
JANET A. REITER, being £irst duly sworn, deposes and says that
on the 28th day of February, 1995, she served the attached ��NOtice
of Council Hearing" on the following named person by placing a true
and correct oopy thereof in an envelope addressed as follows:
Robert M. Marrone, Jr.
840 East Third Street
St. Paul, MN 55106
(which is the last known address of said person) and depositing the
same, with postatge prepaid, in the United States mails, at Saint
Paul Minnesota.
1.�� /�C'r.f' -"`-
JANET A. REITER
Subscribed and sworn to before me
this 28th day of February, 1995.
`�e.�.� �' .��i
otary P blic
� BECYA J. Fl.OYD �
lqTARY PUBLIC' MINNESUTA
RAI�ASEY COUNTY
tiNCa�R D�pires,ron. ai.2000
STATE OF MI1�3NESOTA � S- 3\\
OFFICE OF ADMINISTRATIVE HEARINGS
100 Washingto� Square, Su'ste 170�
100 Washington Avenue South
Minneapolis, Minnesota 55401-2138
February 28, 1995
�A�
�..- ��:,=
Q? .� �'' -
x .
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}
\\l:',/y ��-°
Nancy Anderson
Assistant Secretary to Council Research
St. Paul City Council
310 City Hall
15 West Kellogg Boulevard
St. Paul, Minnesota 55102
Re: In the Matter Regarding the Licenses of Robert M. Marrone, Jr.,
Taxicab Driver's License No. 20948: OAH Docket No. 80-2101-9343-3
Dear Ms. Anderson:
On February 23, 1995, Administrative Law Judge McConnell served the
Findings of Fact, Conclusions of Law and Recommendation in the above-entitled
matter. Enclosed please find the official record , with the exception of the tape
recording. A tape will follow at a latter date. I am now closing our file in this
matter.
Yours very truly,
NT
Enc.
�a,�`;�� . ��
N ncy M. Thomas
Docket Clerk
Telephone:612/341-7615
Providing Impartal Hearings for Government and Citizens
An Equal Opportunity Employ
Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fax No. (612j 349-2665
g S _ 3��
AFFIDAVIT OF SERVICE BY MAIL
Rita A. McCOnnell, o£ the City of St. Paul, County of
Ramsey, in the State of Minnesota, being duly sworn, states
that on the 23th day of February, 1994, she served the
annexed Findings of Fact, Conclusions of Law,
Recommendation, and Memorandum, upon the individuals named
below by mailing to them a copy thereof, enclosed in an
envelope, postage prepaid, and by depositing same in the
U.S. mail at St. Paul, Minnesota as follows:
.-.... ,. _ . . ..Gity Clerk
Saint Paul City CounCil
386 City Hall
15 West Kellogg Blvd
St. Paul, MN 55102
Ms. Janet A. Reiter
Office of the City Attorney
' 400 City Hall
15 Y�est Kellogg Blvd
St. Paul, MN 55102
Mr. Robert M. Marrone, Jr.
840 East Third Street
St. Paul, MN 55106
I1'�/ /'/ �� � /
���L�-II /�
� 4 �• -
L
Subscribed and sworn to
befo e t � ,� of February, 1995.
No a y Public
STEVEN F. MATTAINI
A�TARY PUBUC-MINtffSOTA
RAMSEYCOUNTY
Mrca�ooemte.qe.8f,2mo , ..
I i�l
��'�
i: i i� u�
(' ' I A�T� 11 0F MINNESOTA
a •,, ,,� ., ,, ,
OR t �IINISTRATIVE HEARINGS
� !, �'�it�gton Square, Suite 1700
100 Washington Avenue South
Minneapolis, Minnesota 55401-2138
February 23, 1994
City Clerk
Saint Paul City Council
386 City Hall
15 West Rellogg Blvd.
Saint Paul, Minnesota 55102
Re: In the Matter of the License held by
Robert M. Marrone, Jr., Taxicab Driver's
License No. 20948
File No. 80-2101-9343-3
Dear City Clerk:
�
q$'31\
Enclosed for service upon the Saint Paul City Council are
the Findings, Conclu•sions, Recommendation and Memorandum I
prepared following a hearing in the above-referenced matter.
A copy of this Report has also been served this day on Janet
Reiter of the Of£ice of the City Attorney and the licensee,
Mr. Robert M. Marrone, Jr.
Sincerely,
( ���'?�
Ri a A. �FlcConnell
Hearing Officer
cc: Ms. Janet Reiter
Mr. Robert M. Marrone, Jr.
Pro�nding Imparta� Hearings for Government and Citizens
An_ Equal Opportunily Employer
Administretive Law Sec6on & Administrative Services (612) 341-7600 � TDD No (612) 341-7346 � Fax No (612) 349-2665
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
CASE NO.
In Re the Licenses of Robert M. Manone, Jr.
Taxicab Driver's License No.. 2(1948
840 East Third Street, Saint Paul
qs- 31\
CITY'S PROPOSED
EXI�IBTT LIST
TO: Judge Rita McConnel, Administrative Law Judge, Office of Administrauve
Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota.
The following are the proposed e�chibits of the City of Saint Paul, Department of
License, Inspection, and Environmental Inspection:
E�ibit No.
F�h. No. 1
Earh. No. 2
Earh. No. 3
Each. No. 4
Each. No. 5
E�. No. 6
E�. No. 7
E�. No. 8
F�h. No. 9
Description
Notice of Hearing with Affidavit of Service; dated December 27,
1994, (4 pgs.)
License Information regarding Robert M. Marrone, Jr. (2 pgs.)
Section 310.05 -.06, Saint Paul Legslative Code, Hearing
Procedures and Ground for Adverse Actions. (5 pgs.)
Section 376.16, Saint Paul Legislative Code, Taxicab Driver's
License. (4 pgs.)
Complaint; Mayor & Council Information and Complaint Office;
dated November 16, 1994; (1 pg.)
Background Check / Driving Record of Robert Mathew Marrone,
Jr. Fi�P�•)
Police Report, dated October iQ 1994, CN 94 157904, reporting
officer, Officer 7. Gray (4 pgs.)
Police Report, dated October 10, 1994, CN 94 157904, reporting
officer, Officer Winsor (1 pg.)
Police Report dated January 14, 1995, CN 95005531, reporting
officer, Officer Andrew Shoemaker (4 pgs.)
CITY OF SAINT PAUL
Norm CoJmwn, Mayo�
December 27 1994
Mr. Robert M. Marrone, Jr.
840 East Third Street
Saint Paul, Minnesota 55106
RE: In re the licenses of Robert M. Marrone, Jr.
Taxicab Driver's License No. 2Q948
840 East T7�ird Street, Saint Paul
Dear Mr. Manone:
Telephotu: 612 266$770
Facdmile 6I2 298-5619
NOTICE OF HEARING
'This is to notify you that a hearing will be held concerning all the licenses held at the
premises stated above at the following date, time, and place:
Date: Jannary 24, 1995
TSme: 9:30 am.
Place: Room 40-B
Saint Paul City Hall & Ramsey County Courthonse
15 West Kellogg
. Saint Paul, Minnesota 55102
The judge will be an Administrative I.aw Judge from the State of Minnesota Office of
Administrative Heatings:
Name: Rita McConnei
Office of Administrative I�earings
iQ0 Washington Sqnare
Snite 1700
Minneapolis, Minnesota 55401-2138
Telephone: 341-7600
The Council of the C�ty of Saint Paul has the authority to provade for hearings concerning
licenses, and for adverse action against such licenses, under Chapter 310, including sections
Notice of Hearing Page 1
OFFTCE OF THE CITY ATTORh'EY
Timorhy E. Ma� Ciry� Aaamcy � C` , 3 , `
J
Cndl Division
400 Ciry Hd!
IS Wec KeLOgg Bivd
Saint Pau{ Tfmnesotn SSIOZ
In Re the Taxicab License I
of Robert M. Marrone, Jr. '�
Exhibit 1 �
9
°�,5_
310.05 and 310.06, of the Saint Paul Legislative Code. Adverse action may inciude
revocation, suspension, fines and otber penalties or conditions.
Evidence will be presented to tbe judge whicb may lead to adverse action against all the
licenses you hoid as follo�°s:
On October 21, 199� a Yellow Cab, license plate 340 JON, which you were
driving was spotted on Interstate 94 traveling at speeds in escess of eighty
miles per hour {80 mph). You failed to stop �r•hen Saint Paul police officers
attempted to stop �our car and you were seen throwing items from the
passenger window of the car. (Se��eral small sandKich-sized plastic bags were
later found in this area, the contents of which was determined to be
marijuana.) Upon esiting off of Interstate 94 you were finally apprehended
at 'l�vin City Yellow Taxi, Inc. at 1463 Marshall Avenue, Saint Paul. At that
time you failed to willingly comply with police instructions to get out of the
caz and failed to cooperate r�•hen the officers attempted to handcuff you.
Upon arrest, a marijuana cigarette butt was found in your possession.
Fleeing a police officer in a motor vehicle, obstructing legal process or arrest,
possessing small amounts of marijuana, and careless driving are crimes
under Minn. Stat. §§ 609.487, 6p9.50, 169.13, and § 152.09, respectively.
Additionally your driving record indicates you have had numerous moving
riolations during the past three years. The City Council may find that you
have violated state law and section 376.16 of the Saint Paul Legislative Code
and have engaged in conduct which fails to comply with laws reasonably
related to the licensed activity of driving a taYicab. The Council may
therefore base its action on Section 310.06 (b)(� and (b)(7) of the Saint Paul
Legislative Code.
You have the right to be represented by an attomey before and during the hearing if you
so choose, or you can represent yourself. You may also have a person of your choice
represent you, to the eartent not prohibited as unauthorized practice of law.
The hearing will be conducted in accordance with the requirements of sections 14.57 to
14.62 of the Minnesota Statutes, and such parts of the procedures under section 310.05 of
the Saint Paul Legislative Code as may be applicabie.
At the hearing, the Administrative Law Judge will have all parties identify themselves for
the recozd Then the City will present its witnesses and evidence, each of whom the licensee
or attomey may cross-examine. The licensee may then offer in rebuttal any witnesses or
evidence it may wish to present, each of wbom the city's attorney may cross-examine. The
Administrative Law Judge may in addition heaz relevant and material testimony from
persons not presented as vritnesses by either parry who have a substantial interest in the
outcome of the proceeding; for example, the owners or occupants of property located in
Notice of Hearing Page 2
, . .. qs . a��
close proximity to the licensed premises may have substantial interest in the outcome of the
proceeding. Concluding arguments may be made by the parties. Following the hearing, the
7udge will prepare Findings of Fact, Conclusions of Iaw, and a specific recommendation for
action to be taken by the City Council.
You sbould bring to the bearing all documents, records and witnesses you will or may need
to support your position. Subpoenas may be available to compel the attendance of witnesses
or the production of documenu in conformity with Minnesota Rules, part 1400.7000.
If you think that this matter can be resoived or settled without a formal heazing, please
contact or bave your attomey contact the undersigned. If a stipulation or agreement can
be reached as to the facts, that stipulation will be presented to tbe Adminisuative Iaw
Judge for incorporation into his or her recommendation for Council acdon.
If you fail to appear at the hearing, the allegations against you which have been stated
earlier in this notice may be taken as true and your ability to challenge them forfeited. If
non-public data is received into evidence at the hearing, it may become public unless
objection is made and relief requested under Minnesota Statutes, section 14.60, subd. 2.
Very truly yours,
l��� u< ���
G
7anet A Reiter
Office of the City Attomey
cc: Robert Kessier, D'uector
IIEP
Kristine Rozek
LIEP
Nancy Anderson
City Council
Nanry Thomas
Office of Administrative Hearings
I,t Nancy DiPerna
SN
Notice of Hearing Page 3
9.5 � 3t�
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
AFFIDAVTT OF SERVICS BY MAZL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on December 27, 1994, she served the attached Notice of
Hearing on the following named person by placing a true and correct
copy thereo£ in an envelope addressed as follows:
Mr. Robert M. Marrone, Jr.
840 East Third Street
Saint Paul, MN. 55106
which is the last known address
same, with postage prepaid, in
Paul, Minnesota.
of said person) and depositing the
the United States mails, at St.
Subscribed and sworn to before me
this 27th day of December, 1994.
/ �r � ' �� �/
�
�, � .
��:_�`. ` `• . .
_,--
Lic ID ................... i S' 3��
20948
STAT ..................... AC
Business Name............ MARRONE JR, ROBERT M
Address .................. 840 3RD ST E
Zip..... .............. 55106
...
Doing Business As........ ROBERT M MARRONE JR/YELIAW
License Name ............. TAXICAB LICENSE DRIVER (RENEW)
Exp Date..... ......... 12/19/94
...
Insurance Carrier........
Ins. Policy Number.......
Insurance Effective Date.
Ins. Expiration Date.....
NOTE AREA ................
TaxId ..... ............. N/A
Worker Comp Date.....
Telephone ................ 778-0567
Press 'C' to continue, 'P' to print, or 'R' to redisplay...
: Alt-Z FOR HELP� VT102 � FDX � 9600 E71 � IAG CIASED � PRINT OFF �
�Address Based Master Inquiry Screen
Property Address : 840 3RD ST E
There is NO City Address File record for this address, or not in ST PAUL
Business License Summary Screen (1 license on filej
no C of o data
no C of O aativity data, or you have no access
no C of O alternate owner data
no city address data
no current complaints
Complaint history (4 on file)
no alarm permit data
no county tax data
Business License Detail Screens (1 license on file)
no contractor data
ember, on the following screens, the BROWSE key is "\".)
r Inquiry # (Q)uit, or (5)earch another :
-Z FOR HELPf VT102 � FDX � 9600 E71 � LOG CLOSED � PRINT OFF �
15:46:47 06 DEC 1994
Y OF ST. PAUL INFORMATION AND COMPLAINT SYSTEM
__ = MASTER.INQUIRY HISTORY FILE CHOOSE.KEY
LNITIAL SHORT PAGE 1 OF 2 PAGES
DATE DESCRIPTION �Y
------- -------°----------------------------------------- -----------^---
L/31/94 THE FOLIAWING IS ALLEGED BY THE COMPLAINANT.... 127059
SNOW AAID ICE ON WALK.
?/O1/93 THE FOLLOWING IS ALLEGED BY THE COMPLAINANT.... ""'^ "
INOPERABLE VEHICLE, MAROON DODGE, LIC 648 DCV, iN �n Re the Taxicab License I
of Robert M. Marrone, Jr. '
Exhibit 2
REAR BY ALLEY FOR 3 MOS. -
3 08/12/93 THE FOLIAWING ZS ALLEGED BY THE COMPLAINANT....
DIRTY DIAPERS, GARBAGE BAGS, AND BAGS AND BOXES
OF OTHER THINGS IN TF� FRONT AND BACI{ YARD.
°�5 - 3 tl
116706
Enter a number under REF NO or Q,P,B,A or H SELECTION:
For more help, enter H More
Alt-Z FOR HELP� VT102 � FDX � 9600 E71 � LAG CLASED � PRINT OFF �
e
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7
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`15-�i1
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_ �
§ 310.05
LEGSSL�TI�'E CODE
Sec. 310.05. Hearing procedures.
(a) Adaerse ackorz; notice and hecrirzg require-
ments. In any case whe:e the council may or in-
tends to consider any adverse acdon, including
the revocation or suspension of a license, the un-
position of conditions upon a licen=_e, or the denial
of an application for the grant, isuance, renewal
or transfer of a license, or the disapproval of a
license issued by the State of Niinnesota, the ap-
plicant or licensee shall be a ven notice and an
opportunity to be heazd as provide3 herein. Tbe
council may consider such adverse actions when
recommended by the inspector, by the director, by
the director of any executive department esta6-
lished pursuant to Chapter 9 of tbe Ghzrter, by
the city attorney or on its ow-n iniriati�•e.
(b) Notice. In each such case where adverse ac-
tion is or �vill be considered by the council, the
applicant or licensee shall have been notified in
writing that adverse action may he taken against
the license or application, and that he or she is
entitled to a heazing before action is taken by the
council. The notice shall be sen�ed or mailed a
reasonable time before the hearing date, and shall
- state the place, date and time of tbe hearing. The
., notice shall state the issues involved or grounds
, upon which the adverse action may be sought or
based. The council may request that such rorritten
' notice be prepazed and served or mai]ed by the
inspector or by the city attomey.
(c) Hearing. Where there is no dispute as to the
facts underlying the violation or as to the facts
establishing mitigating or aggracating circum-
stances, the hearing shall be held before the
council. Otherwise the hearing shall be conducted
before a hearing exazniner appointed by the
council or retained by contract wiih the city for
that purpose. The applicant or the licensee shall
be provided an opportunity to present evidence
and azgument as well as meet adverse testimony
or evidence by reasonable cross-PY�m;nation and
rebuttal evidence. The hearing examiner may in
its discretion permit other interested persons tbe
opportunity to present testimony or e��idence or
otherwzse participate in such hearing.
(c-1) Procedure; hearing ezaminer. The hearing
examiner shall heaz all evidence as may be pre-
� sented on behalf of the city and the applicant or
Supp. No. 26
2032
licensee, and shall present to the council �
fmdings of fact and conclusions of law, together
with a recommendation for adverse action.
The council shall consider the e� con-
tained in the record, the heazing examiner's rec-
ommended findings of fact and conclusions, and
shall not consider any factual testimony not pre-
viously submitted to and considered by the hearing
ex�*n;ner. After receipt of the heazing exanuner's
fmdings, conclusions, and recommendations, the
council shall pro�ride the applicant or licensee an
opportunity to present oral or ��ritten azguments
alleging error on the part of the esaminer in the
application of the law or interpretation of the facts,
and to present azgument related to the recom-
mended adverse action. Upon wnclusion of that
hearing, and after considering the record, the ex-
ami ner's findings and recommendations, together
with =uch additional azguments presented at the
hearing, the council sha71 determine what, if any,
adverse action shall be taken, which action shall
be by resolution. The council may accept, reject or
modify the findings, conclusions and recommen-
dations of the hearing exanuner.
(c-2) Ex parte cont¢cts. If a license matter has
been scheduled for an adverse hearing, council
members shall not discuss the license matter wzth
each other or with any of the parties or interested
persons involved in the matter unless such dis-
cussion oecurs on the record during the hearings
of the matter or during the council's final delib-
erations of the matter.
(d) Licensee or applicant may be represented. The
Licensee or applicant may represent himselF or
choose to be represented by another.
(e) Record; eaidence. The hearing examiner
shall receive and keep a record of such proceed-
ings, including testimony and exhibits, and shall
receive and give x�eight to evidence, including
hearsay evidence, which possesses probative value
commoniy accepted by reasonable and prudent per-
sons in the wnduct of their affairs.
(fl Council action, resolution to cont¢in fznd-
ings. Where the council takes adverse action with
respect to a license, licensee or applicant for a
license, the resolution by which such action is
taken shall contain its findings and determina-
tion, including the imposition of conditions, if any.
� '�� �Y�:
�
x.-
In Re the Taxicab License
of Robert M. Marrone, Jr. ,
Exhibit 3 I
95 -3��
�
j
t _�.�
� _ ..:1
, .:�
LICE\TSES
§ 330.05
The council may adopt all or part of the findings,
conclusions and recommendations of the hearing
examiner, and incorporate the same in its resolu-
tion taking the adverse ac2ion.
(g) Additional procedures where required.
Where the provisions of any statute or ordinance
require additional notice or heazing p:ocedures,
such provisions shall be complied with �d shall
supersede inconsistent pro��isions of these chap-
ters. This shall include, �-ithout limitation by
reason of this spec�c reierence, 34innesota Stat-
utes, Chapter 364 and Dunnesota Statutes, Sec-
tion 340A.415.
(h) Discretion to hear notu;zthstandirzg u;ith-
drawal or surrender of eppticctiorz or ticense. The
council may, at its disc-etion, conduct a hearing
or direct that a hearing be held regarding revoca-
tion or denial of a license, notisithstanding that
the applicant or licensee has attempted or pur-
ported to withdraw or surrender said license or
application, if the attempted �cithdra�x-al or sur-
zender took place after the applicant or licensee
had been notified of the hearing and potential ad-
verse action.
(i) Continu¢nces. Where a heazing for the pur-
pose of considering revocation or suspension of a
license or other disciplinzry action involving a
license has been scheduled before the council, a
continuation of the hearing may be granted by
the council president or by the council at the re
quest of the licensee, license applicant, an inter-
ested person or an attorney representing the fore-
going, upon a showing of good cause by the party
making the request.
�) If the council imposes an adverse action as
defined in section 310.01 above, a generic notice
o£ such action shall be prepazed by the Iicense
inspector and posted by the licensee so as to be
visible to the public during the effective period of
the adverse action. The licensee shall be respon-
sible for taking reasonable steps to make sure the
notice remains posted on the front door of the li-
censed premises, and failure to take such reason-
able precautions may be grounds for further ad-
verse action.
(k) Imposition of costs. The council may impose
upon any Jicensee or license applicant some or all
Supp. No. 26
of the costs of a contested hearing before an inde-
pendent heazing examiner. The costs of a con-
tested hearing include, but aze not limiied to, the
cost of the administrative la�v judge or indepen-
dent hearing examiner, stenographic and re-
cording costs, copying costs, city stafi and a'ttorney
time for which adequate records have been kept,
rental of rooms and equipment necessary for the
heazing, and the cost of eacpert k�itnesses. The
council may impose all or part o£ auch cost� in any
given case if (i) the position, claim or defense of
the licensee or applicant was fricolous, azbitrary
or capricious, made in bad faith, or made for the
purpose of delay or harassment; (ii) the nature of
the violation was serious, or invoh•ed violence or
the threat of violence by the licensee or employees
thereof, or involved the sale of drug; by the lic-
ensee or employees thereof, and!or the ciucum-
stances under which the ��iolation occurred were
aggravated and serious; (iii) the ��iolation created
a serious danger to the public health, safety or
welfare; (iv) the violation involved unreasonable
risk of hazm to vulnerable persons, or to persons
for whose safety the licensee or applicant is or
was responsible; (v) the applicant or licensee was
sufficiently in control of the situation and there-
fore could have reasonably avoided the ��iolation,
such as but not limited to, the nonpay�nent of a
required fee or the failure to renew required in-
surance policies, (vi) the violation is covered by
the matrix in section 409.26 of the I,egislative
Code; or (vii) the violation involved the sale of
cigarettes to a minor.
(1) Imposition of fznes. The council may impose
a fine upon any licensee or license applicant as an
adverse license action. A fine may be in such
amount as the council deems reasonable and ap-
propriate, having in mind the regulatory and en-
forcement purposes embodied in the particular li-
censing ordinance. A fine may be in addition to or
in lieu of other adverse action in the sole discre-
tion of the council. To the extent any other provi-
sion of the Legislative Code provides for the im-
position of a fine, both provisions shall be read
together to the extent possible; provided, how-
ever, that in the case of any conflict oz inconsis-
tency, the other provision shall be controlling.
(Code 1956, § 510.05; Ord. No. 17551, § 2, 4•19-58;
Ord. No. 17559, §§ 1, 2, 5•17•88; Ord. No. 17659,
2033
qs- ��1
�
§ 310.05
}
LEG75L Ti4'E CODE
§ 1, 6-13-89; Ord.'_vo. 17911, § 1, 3-iD-92; C.F. No.
94-46, § 7, 2-2•94; C.F. No. 94-898, §§ 2, 3, 7-13-9a)
Sec. 310.Q6. �ievocation; suspension; advene
aetions; imposition of conditions.
(a) Councz2 may take adverse nction. The council
is authorized to take adverse action, as defined in
section 310.01 above, agau:st any or all licenses
or permits, licensee or applicant for a license, as
provided in and by these chapters, Adcerse ac-
tions against entertainmeat licenses issued under
Chapter 411 of the Legislative Coda may be ini-
tiated for the reasons set fonh in subsection b)
below, or upon any law-ful grounds Frhich are com-
municated to the license holder in �riting prior to
the hearing before the council. Such actions shall
be initiated and carried out in accordance with
the procedures outline in section 310.05; p: ovided,
however, that the formal notice of hearing shall
be used to initiate the adverse action without the
use of prior procedural steps.
(b) Basis for action. Such adverse action may be
based on one (1) or more of the folloa-ing zeasons,
which aze in addition to any other reason specif-
ically provided by law or in these chapters:
(1) The license or permit was procured by mis-
representation of materialfacts,fraud, de-
ceit or bad faith.
(2) The applicant or one (1) actingin his or her
behalf made oral or written misstatements
or misrepresentations of material facts in
or accompanying the application.
;
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(3) The license was issued in violation of any
of the provisions of the Zoning Code, or the
premises which are licensed or which aze to
be licensed do not comply with applicable
health, housing, fire, zoning and buiiding
codes and regulations.
(4) The license or permit was issued in viola-
tion of law, without authority, or under a
material mistake of fact.
�
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The licensee or applicant has been con-
victed of a crime that may disqualiiy
said applicant from holding the license
in question under the =_tandazds and
procedures in ?vIinnesota Statutes
Chapter 364; or
The licensee or applicant !or any person
whose conduct may by law be imputed
to the licensee or applicant) has en-
gaged in or permitted a pattern or prac-
tice of conduct of failure to comply with
laws reasonably related to the licensed
activity or from which an inference of
lack of fitness or good character may
be drafcn.
(7) The activities o£ the licensee in the licensed
activity created or have created a serious
danger to the public health, safety or x•el-
fare, or the licensee performs or has per-
formed his or her work or acti�rity in an
unsafe manner.
(8) The licensed business, or the way in k�hich
such business is operated, maintains or per-
mits conditions that unreasonably annoy,
injure or endanger the safety, health,
morals, comfort or repose of any consider-
able number of inembers of the public.
{9) Failure to keep sidewalks or pedestrian
ways reasonably free of snow and ice as
required under Chapter 114 of the Saint
Paul Legislative Code.
(5) The licensee or applicant has failed to �10)
cAmply with any eondition set forth in the
license, or set forth in the resolution
granting or renewing the license.
(6) a The licensee or applicant (or any person
whose wnduct may by lacc� be imputed
to the licensee or applicanti has i�io-
lated, or performed any act which i; a
violation o£, any o£ ihe provisions of
these chapters or of any statute, o*di-
nance or regulation reasonably relaied
to the licensed acti�-ity, regazdless of
a criminai charges have or hace
not been brought in connection there-
w-ith;
The licensee or applicant has shown by past
miseonduct or unfair acts or dealings: phys-
ical abuse, assaults or violent actions done
to others, including, but not limited to, ac-
tions meeting the definition of criminal
sexual conduct pursuant to ?�3innesota Stat-
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Supp. No. 26 2034
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LICE::SES
§ 310.06
utes Sections 609.342 through 609.3451;
sexual abuse, ph� abuse or maltreat-
ment of a child as defined in D�3innesota Stat-
utes Section 626.556, =ubdi�-isioas 2 and
10e, including, but not limited to, acts which
constitute a ��iola�ion of ?��innesota Stat-
utes Sections 609.02, subdivi=_ion 10;
609.321 through 609.34a1; or 61 i246; ne
glect or endangerment of a child � defined
in Minnesota Statutes Section 626.557, sub-
division 2; the manufacture, distribution,
sale, gift, delivery, transportation, exchange
or barter of a controlled substance as de
fined in Nlinnesota Statutes Ch2pter 102;
the possession of a controlled substance as
defined in Minne=_ota Statutes Chapter i52
in such quantities or under circ�amstances
giving rise to a rezsonable inference that
the possession was for the purpose of sale
or distribution to others; or by the abuse o£
alcohol or other drugs, that such licensee or
applicant is not a person of the good moral
chazacter or fitness required to engage in a
licensed activity, business or profession.
(11) The licensee or applicant has materially
changed or permitted a material change in
r the design, construction or configuration of
the licensed premises vcithout the prior ap-
proval of the city council in the case of Class
III licenses, the director in the case of Class
II licenses, and the inspector in the case of
Class I licenses, or without first having ob-
tained the proper building permits from the
city.
The terms "licensee" or "applicant" for the pur-
pose oF this section shall mean and include any
person who has any interest, whether as a holder
of more than five (5) percent of the stock oF a cor-
poration, as a partner, or otherwise, in the prem-
ises or in the business or activity which aze li-
censed or proposed to be licensed.
With respect to any license for activities entitled
to the protection of the F'ust Amendment, not-
withstandingthe £oregoingpmvisions, neither the
lack of good moral character or fitness of the lia
ensee or applicant nor the content of the protected
speech or matter shall be the basis for adverse
action against the license or application.
Supp. No. 26
(c} Imposition of reasoncble conditions andi'or
restrictions. �TJhen a reasonable basis is iound to
impose reasonable conditions and�or restrictions
upon a license issued or held under the;e chap-
ters, any one (1) or more such reasonable condi-
tions and/or restrictions may be imposed upon such
license for the purpose of promoting public health,
safety and welfaze, of advancing the public peace
and the elimination of conditions or actions that
constitute a nuisance or a detriment to the peaceful
enjo,vment of urban Li£e, or promoting security and
safety in neazby neighborhoods. Such rea�onable
conditions and/or restrictions may include or per-
tain to, but are not limited to:
(1) A limitation on the hours of operation of
the licensed business or establi�hment, or
on particulaz types of activities conducted
in or on said business or establishment;
(2) A limitation or restriction as to the loca-
tion within the licensed business or estab-
lishment whose [sic] particulaz type of ac-
tivities may be conducted;
(3) A limitation as tq the means of ingress or
egress from the licensed establishment or
its pazking lot or immediately adjacent
azea;
(4) A requirement to provide off street parking
in excess of other requirements of law;
(5) A limitation on the manner and means of
advertising the operation or merchandise
of the licensed establishment;
(6) Any other reasonable condition or restrio-
tion limiting the operation of the licensed
business or establishment to ensure that
the business or establishment ��ill hazmo-
nize with the chazacter of the azea in which
it is located, or to prevent the development
or continuation of a nuisance.
T`he inspector may impose such conditions on Class
I licenses with the consent of the license holder, or
may recommend the imposition of such conditions
as an adverse action against the license or li-
censes; the inspector has the same power with
respect to Glass II licenses. The council may im-
pose such conditions on Class III licenses with the
consent of the license holder, or upon any class of
license as an adverse action against the license or
2034.1
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LEGISL4TIVE CODE
licenses following notice and hearing as may be
required. Such conditions may be i�nposed on a
license or licenses upon issuance, reneKal or
transfer thereof, or upon and as part of any ad-
verse action against a license or licenses, including
suspension. Conditions impoc�3 on a license or
licenses shall remain on such licenses �rhen re-
newed and shall continue thereafter wtil removed
by the council in the case of conditions on Class
III licenses or conditions imposed by adverse ac-
tion, and by the inspector in the czse of Class I
and II licenses.
Sd} Standards for mulfiple iicense deternzina-
tion. In any case in which the council is autho-
rized to take adverse action against less than all
of the licenses held by a licensee, or applied for by
an applicant, the following standards may be used:
(1) The nature and gravity of tbe grounds found
by the council to exist upon which the ad-
verse action would be based;
(2) The policy and/or regulatory goals for the
particulaz licenses involved, either as em-
bodied in the Legislative Code or as found
and determined by the council;
(3) The interrelationship of the licenses and
their relative ixnportance to tbe overall busi-
ness enterprise of the licensee or applicant;
(4) The management practices of the licensee
or applicant with respect to each of such
licenses;
(5) The exient to which adverse action against
less than ali of the licenses or applications
would result in difficulty in enforcing and
monitoring the adverse action taken;
(6) The hardship to the licensee or applicant
that would be caused by applving adverse
action to all licenses or applications; and
(7) The hardship and/or danger to the public,
or to the public health and welfaze, that
would result from adverse action against
less than all of the licenses or applications.
(Code 1956, § 510.06; Ord. No. 1i584, § 1, 8-25-SS;
Ord. ATO. 17657, § 15, 6•8-89; Ord. :Qo. 17659, § 2,
6•13•89; Ord. No. 17901, §§ 2, 3, 1-1492; Ord. No.
17917, §§ 2, 3, 3-31-92; Ord. No. 17922, § 1, 428-92;
,.� C.F. No. 94•50Q § 3, 7-6•94)
Sec. 310.07. Termination of licenses; surety
bonds; insurance contracts.
(a) Automatic termination, reinstatement; re-
sponsibzlity of ?icensee. All licenses or permits
K�hich must, by the provisions of these chapters or
other ordinances or la�vs, be accompanied by the
filing and maintenance of insurance poiicies, de-
posits, guarantees, bonds or certifications sha11
automatically terminate on cancellation or K�ith-
drawal of said policies, deposits, bonds or certifi-
cations. No licensee may continue to operate or
perform the licensed activity after such termina-
tion. The licensee is liable and responsible for the
filing and maintenance of such policies, deposits,
guazantees, bonds or cert�cations as are required
in these chapters, and shall not be entitled to as-
sert the acts or omissions o£ agents, brokers, em-
ployees, attorneys or any other persons as a de-
fense or justification for failure to comply �i�ith
such filin$ and maintenance requirements. In the
event the licensee reinstates and files such poli-
cies, deposits, bonds or certifications within thirty
(30) days, the license is automatically reinstated
on the same terms and conditions, and for the
same period as originally issued. After thirty (30)
days, the applicant must reapply for a renewal of
his license as though it were an original applica-
tion.
(b) Bonds and insurance requirements:
(1) Surety Companies: All surety bonds rum
ning to the City of Saint Paul shall be
written by surety companies authorized to
do business in the State of n4innesota. All
insurance policies required by these chap-
ters shall be written by insurance compa-
nies authorized to do business in the St,ate
o£ Minnesota.
(2) Approved as to Form: All bonds filed with
the City of Saint Paul in connection with
the issuance of licenses for whatever pur-
pose, and all policies of insurance required
to be filed with or by the City of Saint Paul
in connection with the issuance of licenses
for any purpose whatsoever, shall first be
approved as to form by the city attorney.
(3) Uniform Endorsement: Each insurance
policy required to be filed pursuant to these
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§ 376.16
minimum and per-mile rates shall be posted
on the outside rignt and left rear doors of
the taxicab and inside the passenger com-
partment in the follo�ring manner and of
sufficient size and shape so as to be cleazly
legible:
Taxicab Fazes
�u1.80 ist ;4a DZffe
Ten Cents Each ?�:a'�'Ii1e Thereafcer
@4inimum Fare S3.00)
i2) ?�TO greater or lesser fare for the operation
of such taxicabs, than as described in sub-
section (1) above shall be charged by the
operators thereof; provided, howe�•er, that
discounts of up to ili�teen i? 5) percent may
be applied to the total fare on tbe following
conditions:
a. Such discounts aze cleazly posted in-
side the passenger compartment of the
taxicab;
b. Such discounts may be given only to
persons in one (1) or more of the fol-
lowing groups:
1. Senior citizens (age 55 or older);
2. Persons with disabilities; and
3. Offcers and employees of busi-
nesses located �cithin the city
whose volume use of taxirabs is sig-
nificant.
(3) No extra faze shall be chazged by the owner
or operators of such taxicabs for additional
passengers.
(b) W¢iting time. Chazges for waitingtime shall
not'exceed the following.
(1) For each hour of "waitingtime at address,"
` eighteen dollazs ($18.00).
(2) For each two (2) minutes of "waiting time
for engagement," fifty cents ($0.30); pro-
cided, that no chazge shall be made for the
time lost on account of inefficiency of any
taxicab or its operation, or time consumed
by premature response call.
(c) "W¢iting time" defzrzed. `RTJaiting time at
address" is herein defined to mean the time be-
ginning when a cab arrives at an address to which
it has been called, and ending when it departs
from such address.
Supp. No. 26
"Waiting time after engagement" shall mean
the time a cab is not in motion at the reQUest of
the passenger or passengers aiter the cab has com-
menced the transportation of such passenger or
passengers.
td) Hourly rates. :�'othing herein contained shall
prevent any person from making an 2g: eement
with the operator of a ta�cab to furnish transpor-
tation at a rate to be agreed upon bet��.�een them
for an hour, day, week, month or ]onger period,
except that when furnished by the hour, the min-
imum rate shall be six dollazs iS6.00!, but the
person w�ith whom the operator of a taxicab mzkes
such agreement shall not be permitted to hire out
the vehicle to any other person.
(Code 1956, §§ 154A1-154.04; Ord. \a. 16982,
12•7-82; Ord. i�o. 16996, 2-3-83; Ord. \TO. 1i46i, §
1, 6-18.87; Ord. No. 17838, § 1, 6•4-91; Ord. �o.
1 r881, § 5, 11-7•91; C.F. No. 94•199, § 15, 3•23-94)
Sec. 376.16. Taxicab driver's license.
(a) License required. Effective Mazch 15, 1991,
no person shall drive a taYicab, nor shall any
owner or lessee of a taxicab allow any other person
to drive a taxicab, within the City of Saint Paul
unless that person has first obtained a taa�icab
driver's license under the provisions of this Code.
(b) Driuers from other cities. Any driver licensed
to operate a taxicab in another city may carry
passengers from that city to any place wzthin the
City of Saint Paul and may £reely enter and trarel
upon the streets for that purpose. In that case, it
shall not be deemed necessary for the taxicab
driver to obtain a Saint Paul license but the driver
shall not be permitted to accept or of£er any pas-
senger for hire in the City of Saint Paui, or �th-
erwise operate a taxicab within the city without
first obtaining a license under the provisions of
this Code. While within the city the taxicab driver
shall be required to observe all of the applicable
regulations and conditions of this section and shall
have in possession and display to any person upon
demand the license certificate for the taxicab.
(c) License ¢pplic¢tion. Every applicant for a
ta_xicab driver's license shail file an appIication
with the license division. The application shall be
made on a form provided by said division, con-
taining such information as the license inspector
2iso.i In Re the Taxlcab License
of Robert M. Marrone, Jr. �
Exhibit 4 �
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LEGISL3�� CODE
may require, including, but not limited to, a com-
plete employment history, to verify that the terms
and conditions of this chapS.er have been met. The
application shall be signed and swera ;o by the
applicant. Prior to the issuance of the license,
every licensee _<hall be photographe3. The chief of
police or his representative shall incestigzte each
applicant and shall forwazd the results of the ap-
plication to the license inspector. An} faise state-
meat on the applicztion shail be g: ounds for de-
nial, refusal to renew or revocation of a license.
To receive a taucab driver's license by Mazcn 15,
1991, the applicant must, in addition to neeting
the other requirements of law, file t�e application
�•ith the divi=ion by ?vovember lo, 1990, for
drivers whose last names begin with the letters A
through and including F; December 15, 1990, for
drivers whose last names begin isitb the letters G
through and including L; January 15, 1991, for
drivers whose last names begin with the letters D4
through and including R; February 15, 1991, for
drivers whose last names begin w tbe letter S
through and including the letter Z.
(d) License fee. Each applicant for a taxicab driv-
er's license shall, at the initial time of filing his or
her application, pay a nonrefundable license ;ee
ef twenty-five dollars ($25.00). "
{e) Prerequisites to Zicense. Eligibility to be li-
censed to operate a taxicab shall be as follows:
(1) Possess a valid Minnesota 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 residenee, or who
has otherwise obtained work authorization
from the U.S. Immigration and Naturaliza-
tion Service;
i4) Shall have no felony convictions in the last
five (5) years; shall have no nontraffic gross
misdemeanor or misdemeanor con�rictions
in the last three (3) yeazs involving the use
or threat of use of force, possession or sale
of a controlled substance, prostitution or in-
decent conduct. The license inspector may
grant, pursuant to state statute, an excep-
tion to the above provisions upon evidence
that the offense is not related to the occu-
pation of taxicab driver.
Supp. No. 26
(5) Shall have a driving reeord meeting the fol-
lowing standazds:
a No convictions in the la.ct fice (5) 5 eazs
for any of the following offenses in-
voh-ing injury or death; no conviction
in the last three (3) yeazs for any of the
follow�ing o�enses not involcing injury
or death:
1. Lea��ing the scene of an accident;
2. Dritdng under the inffuence of an
alcoholic beverage or drug; or
3. Reckless cr careless driving.
b. For original licensure: \o more than
;our (4) moving �•iolations w the
last three (3) years, and no more than
two (2) moving �zolation; in the la=t
yeaz. For renewal: 1�TO more than four
!4) moving violations w-ithin the last
tluee t3) yeazs and no more than three
(3) moving violations in the last yeaz.
;vIoving violations shall mean for this
subsection those vioIations specified
above in subsection (5)a. above, and
speeding violations involving speeds fif-
teen (1�) miles per hour or more in ex-
cess of the speed limit.
c. Every new applicant shall have at least
one (1J year's driving experience as a
licensed driver. Such prior driving ex-
perience shall be verified by an�-
davit signed by a reputable person and
submitted with the license application.
d. Upon submission of proof of suitability
and evidence of insurability, the license
inspector may waive one (1) or more of
the requirements listed above; pro-
vided, that any such waiver shall indi•
cate the grounds for the inspector's de-
cision and shall be approved by the
director of the department of finance
and management services.
(6) Have a demonstrated knowledge of the pro-
visions of the taxicab ordinance relating to
the conduct of taxicab drivers and the op-
eration of a taxicab.
(fl Duty to exhibit iicense. Eff'ective March 15,
1991, every taxicab driver while on duty shall
21502
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LiCET�SES
display the front of his or �er ta�cab driver's li-
cense on the dashboard of �he vehicle in a location
readily ti�isible to passenge-s, which license dis-
plays the driver's photograph and licen=_e number
on the front in a manner a�proved by the license
inspector. In addition to any oiher penalties, a
deputy inspeetor or police o�cer may order the
licensee to discontinue operations until such time
as the licensee has a license in posses=_ion.
(g) Issu¢nce of ticense. Each taxicab drit�er's li-
cense shall hace upon it a number by �vnich the
license shall be designated, a photograph of the
licensee, and such other information as the li•
cense inspector may requie. The license inspectAr
may issue licenses for a te:m of less than one (11
year for a prorated initial fee in order to evenly
distributelicenseespiration datedthroughoutthe
yeaz.
(h) Requirement of valid .'vSinnesota driver's Ii-
cense. Any time that a liceasee's D4innesota driv
er's license is suspended, revoked or caneelled, his
or her taxicab driver's license shall likewise be
immediately suspended, re�oked or cancelled. i�To
person shall operate a taxicab wir.hout a valid Min-
nesota driver's license.
(ij Renew¢Is. A taxicab driver's license shall be
issued annually. The license inspector may cause
the renewal of a taxicab dricer's license from yeaz
to year by appropriate endorsement upon the ap-
plication for renewal and payment of an annual
fee of twenty dollazs (520.00). fihe driver shall
make such renewal application upon a form to be
furnished by the license division.'The renezcal form
shall be filled out with the full name and address
of the applicant, togetber with the date and
number of the orig'inal license. If a driver has not
been licensed in the previous license year, he or
she shall be considered a new applicant.
(j) Suspension, revoc¢tions arzd nonrenewal. A
taxicab driver's license maybe revoked, suspended
or not renewed by the license inspector at any
time for cause pursuant to the provisions of this
chapter and Chapter 310 oi the Legislatice Code.
When a taxicab driver's license has been revoked
or suspended, it shall immediately be returned to
the license division. If the city council stipulates
that a licensee ��hose taxicab driver's license has
been revoked may reapply after a specific period
Supp. No. 26
2150.3
§ 3"6.16
of time has elapsed, that period of time =h?11 not
commence until the taxicab dricer's licen;e has
been returned to the license division.
(k) Reuocation ofMirznesola dricer's ticense;lim-
ited licenses aicohol-related driving coni�ictiorz:
(1) Any person holding a ta�cicab drivers li-
cense whose ?vlinnesota dri�•er's license is
suspended, cancelled or revoked for any
reason, shall immediately surrender his or
her t�icab driver's license to the license
division. The taxicab driver's license eha11
be returned to the licensee upon reinstate-
ment of the �Zinnesota driver's license or
issuance of a limited license authorising op-
eration of a taxicab; provided, however, that
suspension, cancellation or revocation of a
Minnesota driver's license due to refusal to
submit to a legally required blood alcohol
test under the state implied consent statute
shall be grounds for the revocation, nonis-
suance or nonrenewal of the taeicab driv
er's license.
(2) Any licensed taxicab driver k�hose DZinne-
sota driver's license has been revoked and
who has been issued a limited license au-
thorizing the operation of a taYicab shall
immediately notify the license division of
the same. At that time, the licensee shall
furnish to the license inspector a copy of
the limited license and a written statement
containing a schedule of the days and hours
of each day during w�hich he or she k�ill be
driving a taacicab during the term of the
limited license. No deviation from the
schedule shall be permitted. In addition, the
licensee shall personally furnish to the li-
cense inspector copies of all trip sheets for
all shifts worked during the terr., af *he
limited license.
(3) Any person holding a taxicab driver's li-
cense shall notify the office of license, in-
spections and environmental protection
(LIEP) immediately whenever he or she is
convicted of an alcohol•related driving of-
fense, tichether or not it involves the oper-
ation of a taxicab.
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§ 376.16
LEGLSLSTIVE CODE
(4) Failure to comply with the procisions of this
section shaIl be grounds for revocation of a
taxicab driver's license.
(Ord. ?�TO. 17767, § 1, 9-18-90; C.F. \o. 94199, §
16, 3-23-94)
Chapter 377. Lawa Fertiiizer aad pesticide
Application*
Sec. 377.01. Definitions.
For the purposes of this chapter, the ierms de-
fined in this section have the meaning� ascribed
to them:
Person means any person, firm or corporation
engaged in tbe business of lawn fe:tilizer or pes-
ticide applications and includes tbose persons li-
censed by the State of Minnesota pursuant to Min-
nesota Statutes, Section 18A-21 et seq.
Pesticzde means any substance or mixiure of
substances intended for preventing, destroying,
repelling or mitigating any pest, and any sub-
stance or mixture of substances intended for use
as a plant regulator, defoliant or desiccant. It also
means any chemical or combination thereof reg-
istered as a pesticide with the U.S. Environmentai
Protection Agency, any agency later � ��+�. *n�n_a reg-
istration in the U.S. federal government, the State
of Minnesota Agricultural Department, or any
other State of Minnesota government agency.
{Ord. IQo, 14299, § 1, 10•15-H5)
Sec. 377.02. License reqnired; conncil ap-
provat.
(al No person shall engage in the business of
lawn fertiiizer or lawn pesticide application in
Saint Paul without a license issued by the City of
Saint Paul.
'Editor's aote—Ordinance No. 17299, adopted Oct. 15,
1985, amended the Legislative Code, but did not pzovide for a
specific mannez of inclusion of its pro��isions iherein. At the
editor's discretion, thereforn, §§ 1-6 of Ord. Ao. 17299 have
been included herein as a new Ch. 377, §§ 3i7.01-377.06.
�"� Cross reference—For pzovisians pertaining to health, san-
� itation and disease, see Title XYS.
> � -_, :
Supp. No. 26 21�0.4
�t5-3t�
Q'PY OF SAINP PAUL
MAYOR & �i7NC� INFOi�lATyON ar�
�`I'I� S�I�'i �h�`�
190 QTY HP.LL 55102
266-8989
ID NUMRER: 1481249817 I.SC
R�: ROBERI' F�SSI£R LSCF�ISE DIVISZON SUITE 300
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Sent to:
•�: 1• � ■ • Y
ORIGINAT, Q�LT DATE: 11-16-94
Ccanplainant Informatiori
• • �.• �
.�
�' Please respond wj.thin 10 days.
Sesxi response to 190 CITY HPZS,.
x.
s
" st
=:RESA�N5E BY: FUI�IAW-UP DATE: CLOSED DATE:
; RESF�NSE nATE: *�* Either FULL�W-UP or CiOSID date NII7ST be entered *
'I"r� RESPONSE YOU F�TI'F�2 CAN � DISCLl�SID 'IU Tf� PUBLIC.
_ - '' � �
In Re the Taxicab License �
of Robert M. Marrone, Jr.
Exhibit
DRIVER AND VEF4ICLE SERVICES DIVISION
DRIVER LICENSE OFFICE
� TRANSVORTATION BUILDING
395 JOHN IRELAND BLVD.
'S"�. PAv? , MN 55 7 55-1 886
612-296-6971
°�s-3��
STATE OF MINNESOTA
DEPARTMENT OF PUBUC SAFETY
DOCUMENT CERTIFICATION LETTER
The undersigned, being a duly appointed agent of the Commissioner of Public Safety and
now in charge of the driver license records of the Driver and Vehicle Services Division of the
Department of Public Safety, hereby certifies that the attached is a true and correct copy from
the records of the the Driver and Vehicle Services Division of the Department of Public Safety.
It further certifies that these copies have been compared with the original and are identical.
Michael Jordan, Commissioner of the Department of Public Safety
ey: '
Pierre D. Carpenter
Chief, licensing and Records
Attachment.
MJ/PDC/�'_�.--
PS33044-02
Date: � � a �" �`�
In Re the Taxicab License
AN EQUpd' O�NNITY �IPL�YER of Robert M. Marrone, Jr.
Exhibit 6
- -�"`*•r,�,s,7:
-�J1�, ;.�:
- .;r
HOME
ADDRESS
EYE )
C
APP.
NO.
B �7 �— ST PLiI� OTHER I
TI
/ /� I /
THIS DRIVER IS NLY LICENSED TO DRIVE WITHIN THE FOLLOWING LIMITATIO�
ANY LIMITATION VIOLATION IS PUNISHABLE BY IAW AND LOSS OF DRIVING PRIVILEGE.
=R n. ^ ADDRESS OCCUPATION
�� �.
HEIGHT
MINNESOTA DEPARTMENT OF PUBLIC SAFETY
DRIVER AND VEHICLE SERVICES DIVISION
108 TRANSPORTATION BUILDING
395 JOHN IRELAND BLVD.
ST. PAUL, MINNESOTA 55155
PHONE 612/296-2025 • FAX 612/297-3402
AA ��� �� . RECORD
� NUMBER �
PERMANENT
�� RECORD
DPS 31010-OS
95-'�►1
(Q .!'b - �yJ' - �J,�Aq o�
_�
PENDING
VIOIATIONS
PASSED
EXAM
BIRTH
DATE
LIC.
SURR.
FEE
DATE
�
D�
!�
i LICENSE/ I.D. �
NSEHASBEEN
ID.HASBEEN
IF RECORD SO INDICATES AND IN POSSESSION WHEN
DRIVER'S
SIGNATUI
- !y
INT. /
DATE"
I EFF.
DATE '
EXP.
DATE G
FEE
AM7.
CLA55 C CDL AMD
❑ ❑
CDLIS VERI ICATION NC.
C D L
iESTRICTION(S) SEE BACK
ENDORSEMENT(S) SEE BACK
!0 OTHER DRIVING PERMIRED
K-,��
DRIVER'S SIGNATURE
�FF � REF. ALC CD DRUG COLL PROBLEM REF.
DATE BAC TEST REV TREAT. USE CONT LEVEL CODE
5 YRS. 5 YRS. 1 YR.
TO MAINTAIN YOUR DRIVING PRIVILEGE, BASED ON THIS SPECIAL REVIEW YOU MUST COMPLETE THE FOLLOWING:
� TREATMENT AFTERCARE � ALCOHOL �EDUCATION PROG � OTHER �- S REMUARKOSRBELOW EETINGS -
BY: _
BEFORE REINSTATEMENT SUBMIT LETTER FROM COURT STATING YOU HAVE OR ARE COMPLYING WITH COURT REQUIRED INTERVE
IUNDER S T ANDANYALCOHOLORCONTROLLEDSUBSTANCEINCIDENTNOTNOWONMYMINNESOTA DRIVER'S "
DRlV)NG RECORD MAY RESULT 7N THE CANCELtA7tON AND DENIAL OF MY ORIVtNG PFiNfLEGE SfGNATURE ��
YOU MAY REQUEST, IN WRITING, A REVIEW OF THE SPECIAL REVIEW REQUIREMENTS.
LAST TREAT. A.0 PROGNOSIS SUPPORT SUP.
USE _
DATE - COMP. COMP. LETTERS GRP.
TO MAINTqIN YOUR DRIVING PRIVILEGE, YOU MUST COMPLETE THE FOLLOWING REQUIREMENT:
PASS ROAD 7EST SUBMIT PHYSICAL REPORT SUBMIT PSYCH
REH
AAI �
SPC
REV
REH
A-5
� PASS WRITTEN TEST � SUBMIT VISION REPORT � OTHER - SEE RE BELOW RT By . - -
PHYSICAUPSYCHOLOGICAL REPORTS MUST INCLUDE YOUR HISTORY AND A MEDICAL OPINION REGARDING YOUR ABILITY TO PROPERLY CONTROL A MOTOR VEH�CLE
IHAVEREVIEWEDMYDRIVINGRECORD.IAGREETOIMPROVEMYDRIVINGCONDUCT. ` I DID
I AM AWARE THAT ANV VIOLATION NOT NOW ON MY MINNESOTA DRIVING RECORD Y
WILL RESULT IN THE W�THDRAWAL OF MY DRIVER'S LICENSE IF IT OCCURS BEFORE - ' ��
WITHDRAWAL OF - - REVIEWED. ORDER SUSTAINED ❑ RESCINDED ❑
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DRIVER AND VEHICLE SERVICES DIVISION �� � S ���`
DRNER LICENSE OFFICE � ��� 3
TRANSPORTATION BUILDING
395 JOHN IRELAND BLVD.
ST_�AUL, MN 55155-1886
PHOWE:612-296-6971 `� ZP
TELECOMMUNICATION DEVICE FOR �aF�
HEARING IMPAIRED: 612-297-2100
STATE OF MINNESOTA
DEPARTMENT OF PUBLIC SAFETY
CERTIFICATE OF ORDER SENT
The undersigned, being a duly appointed agent of the Commissioner of Public Safety and
now in charge of the driver license records of the Driver and Vehicle Services Division of
the Department of Public Safety, hereby certifies as follows:
1. The attached is a true and correct copy of an order in the records of the
Department of Public Safety, and that this copy has been compared with the
original and is identical;
2. That the original of said order attached was deposited as first ciass mail in the
United States Post Office in the city of St. Paul on G- 1�, 19 a.
The original was properly enveloped, sealed, postage paid thereon and directed'to
the person named thereon at the address which was last known address of said
person as shown by the records of the Department; and
3. The attached order was:
(XX) Not returned; nor was it returned to the Department for any other reason; or
( ) Returned to the Department by the postal authorities as undeliverable.
Michaei Jordan, Commissioner of the Department of Public Safety
By:
Attachment.
1VIJ/PDC/ C �
PS33043-05
Date: /'3� - �5
AN EQUAL OPPORTUNITY EMPLOYER
Pierre D.Carpenter
Chief, Licensing and Records
. q::�: `-` '��,,��"' nhTLCE 4% v°"•_ ._ -:�
a
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DRIVER AND VEHICLE SERVICES DIVISION ��,c� —\ J � 1 4
ORNER LICENSE OFFICE . � `i
TRANSPORTATION BUILDING °
395 JOHN IRELAND BLVD.
`$T. FAUL, MN 557 55-08 66
PHONE:612-296-6917 `t? tP
7ELECOMMUNICA710N DEVICE FOR �aF�
HEARING IMPAIRED: 612-297-2700 S TAT E O F M I N N E S O TA
DEPARTMENT OF PUBLIC SAFETY
CERT(FICATE OF ORDER SENT
The undersigned, being a du(y appointed agent of the Commissioner of Pubfic Safety and
now in charge of the driver license records of the Driver and Vehicle Services Division of
ihe Department of Public Safety, hereby certifies as foilows:
'i. The attached is a true and correct copy of an order in the records of the
Department of Public Safety, and that this copy has been compared with the
original and is identical;
2. That the original of said order attached was deposited as first class mail in�e
United States Post Office in the city of St. Paul on �-� , 19
The origina� was properly enveloped, sealed, postage paid thereon and directe to
the person named thereon at the address which was last known address of said
person as shown by the records of the Department; and
3. The attached order was:
(XX) Not returned; nor was it returned to the Department for any other reason; or
( ) Returned to the Department by the postal authorities as undeliverabie.
Michael Jordan, Commissioner of the Department of Public Safety
By:
Attachment.
MJ/PDC/ � �--
PS33043-05
Date: / �d�i -�s'
AN EQUAL OPPORTUNITY EMPLOYER
Pierre D.Carpenter
Chief, Licensing and Records
DRIVER AND VEHICLE SERVICES DIVISION
URNER LICENSE OFFICE
TRIWSPORTA710N BUILDMG
395 JOHN IRELAND BLVD.
ST. PAUL, MN 55155-1886
PHONE: 672-296-6911
TELECOMMUNICATION DEVICE FOR
HEARING IMPAIRED: 672-297-21Q0
STATE OF MINNESOTA
DEPARTMENT OF PUBLIC SAFETY
�S - ��l
CERTIFICATE OF ORDER SENT
The undersigned, being a duly appointed agent of the Commissioner of Pubiic Safety and
now in charge of the driver license records of the Driver and Vehicle Services Division of
the Department of Public Safety, hereby certifies as follows:
7. The attached is a true and correct copy of an order in the records of the
Department of Pubiic Safety, and that this copy has been compared with the
original and is identical;
2. That the original of said order attached was deposited as first class maii in the
United States Post Office in the city of St. Paul on ,�- ��{, 19�.
The original was properly enveloped, sealed, postage paid thereon and directed to
the person named thereon at the address which was last known address of said
person as shown by the records of the Department; and
3. The attached order was:
(XX) Not returned; nor was it returned to the Department for any other reason; or
( ) Returned to the Department by the postal authorities as undeliverable.
Michael Jordan, Commissioner of the Department of Public Safety
By:
Attachment.
MJ/PDC/ C,�
PS33043-OS
AN EQUAL OPPORTUNITY EMPLOYER
Date: � � a�„� � �i .S�
Pierre D.Carpenter
Chief, Licensing and Records
�s - ���
TftAIVSFER TQ: �'�1/'�=11995
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ST. PAUL POLIGE DEYAH i
GENERAL REPORT
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In Re the Taxicab License
of Robert M. Marrone, Jr.
Exhibit 7
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CONTINUATION OF: ORIGINAL REPORT
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�
1� in Re the Taxicab License �
of Robert M. Marrone, Jr. I
Exhibit 8 �
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D7 0
bi 33
ST. PAUL POLICE DEPARTMENT
GENERALREPORT
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REPORT
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ST. PAUL POLIC� DFPARTMENT
RiNUATION OF: �` ORIGINAL REPORT
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SUPPLEMENTAL REPORT
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-' , . NOTICE OF SEIZURE AND INTENT TO FORFEIT PROPERTY
�,5 _ 311
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(Address)
YOU ARE HEREBY NOTiflED THAT pursuant to Minnesota Statutes Section 609.53t4, on �— �`l � ,�g( �
the following motor vehicle antl/or money. prectious metais or precious stones, and/or firearms, ammunition antl fireartn accessories were seized
by the untlersigned law enforcement agenty at (loca6on of seizure):
�`�.t-E S$' �-' �C�w'7�S � J i
in _ f—�+M-LS� Counry, and are being held for forferture:
ForteiNre of this property is automatic unless within 60 days of receipt of this form you demand a jutlicial determination ot this matter. The
procedure for obtaining a judicial detertnination is set out in Minnesota Statutes Section 609.5314. Subtl. 3 on the reverse side of Mis form.
IF YOU DO NOT DEMAND SUDICfAL REVIEW EXACTLY AS PRESCRIBED iN MiNNESOTA STATUTES, SECTION
609.5374, SUBDIVISION 3, YOU LOSE THE RIGHT TO A JUD�CIAL DETERM�NATION OF THIS FORFEITURE AND YOU
LOSE ANY RIGHT YOU MAY NAVE TO THE ABOVE DESCRIBED PROPERTY. YOU MAY NOT HAVE TO PAY THE
PILING FEE GOR THE DEMAND IP DETERMINED YOU ARE UNABLE TO AFFORD THE PEE. VOU DO NOT HAVE TO
PAY THE FILING FEE IF THE PROPERTY IS WORTH LESS THAN E500 AND YOU FILE YOUR CLAIM IN CONCILIATION
COURT.
Nqi nplua ntawm cov khoom no yuav aa li raug nplua, tsuas yog hais tias nyob rau hauv 60 hnub tom qab uas tau Ccais tlaim niawv no koj tau
mus cuag lub roq bciav tzim plaub niug nrog taug tus teeb meem no. Tus Dcheej D�heem uas yuav tau bcais kev baav txim raws li kev cai lij choj
tau muat teem tseg reu lub Xeev Minnesota tus o�hooy, tshooj 609.53t4, qi6 3 �yob rau sab ntavrv nraud.
YOG NAIS TIAS KOJ TSIS TNOV KOM MUAJ KEV SIB TAUG LUS RAWS LI KEV CAI LIJ CHOJ LAWV NRAIM �I UAS
TAU P4AV TSEG RAt1 HAUV XEEV MINriESOTA TiiS TiiHb�J, f3Fi00J 609.53/d, QIB 3, KOJ YUAV POOB CAI TXOG
KEV TAUG TXOJ CA1 RAWS LI KEV CAI LfJ CHOJ TXOG KEY THEM NQI NPLUA, 7XIAB KOJ YUAV POOB TAG
TXHUA TXOJ CA1 HAIS 7XOG COV ICIi00M UAS YAU fiEEV Lt�S SAUM N0. KOJ YUAV TSIS RAUG THEM TUS NQI
N7AU8 NTAWV YOG TIAS MUAB NTSUAM XYUAS LOS TXOG KOJ YUAV THEM TSIS TAUS. KOJ YUAV TSIS flAUG
THEM TEJ NQI NTAUB NTAWV YOG HAIS TIAS YAM KHOOM NTAWD TUS NQI TSAWCa TSHAJ LI 5500 THIAB KOJ
MUS FOOB RAU TOM LUB TSEV TXHIM KHO PLAt18 NTUG �18 atS (CONCiLYAT10N COUR'�.
La confiscaci6n de estas propiedades es autom3tica, excepto cuando pida una detertninaci6n judicial de este asunto dentro de los 60 tlias
siguientes a su recepci5n de este aviso. p procedimiento para obtener una determinacibnjudicial se establece en los estatutos de Minnesota,
secci6n 609.531A, subdivisida 3, que aparece impresa e� la parte posteria de este focmufario.
SI NO PIDE UNA REVIS�ON JUDICIAL EXACTAMENTE TAL Y COMO SE PRESCFiIBE EN LOS ESTATUTOS DE
MINNESOTA SECCiON 609.5314, SUBDIVIS)ON 3, PERDERA TODO DERECHO A UNA DETERMINACION JUDICIAL
DE ESTA CONFISCACION Y TODOS LOS DERECHOS QUE PUEDA TENER SOBRE LAS PROPIEDADES DESCRITAS
ANTERIORMENTE. ES POSIBLE QUE NO TENGA QUE PAGAR LOS HONORAR40S DE IN7RODUCCION DE LA
DEMANDA SI SE DETERMINA �UE NO TIENE MEDIOS PARA HACERLO. NO T1ENE QUE PAGAR HONORARIOS DE
INTRODUCCION SI EL VALOR DE LA PROPIEDAD ES MENOS DE 500 DOLARES Y PpESENTA SU RECIAMACiON
ANTE UN TRIBUNAL DE COhCIL1AC10N. .
CEHTiFICATE OF SERVICE
I certity that on �� �� 19�_.> , i gave a true copy of this n to ihe person named above at (loc�ation of
sennenl �Cr� � ���ifi� ��% ,��- �d... i /-� �te�6i,...�Jn��(
��� �����` ..��..�3�-ea i-�y 9s-- S`�"-��< � �,
re a na. �md �.aN, n�.y
INSTRUCTIONS TO OFflCER: Use this Jorm ONLY in GONTROU D c �gSTANG c �r RE when seizing �ehici , mone psecious
stones or metals, fireartns, ammuniUOn antl firearm accessories. Vehides must contain $100 or rtwre (street value) ot con substance.
Money, precious stones or metals must be found with or in proximity to controltetl subsfanca or drug distribution or manufatturing equipment a
recortls. USE BALL POINT PEN AHD �RESS FIRMLY TO INSURE THAT COPIES ARE IEGIBLE.
ORIGINAL TO COUNTY ATTOR YELLONf COPY TO CLAIMANT PfNK COPY TO PQUCE AGENCY
POLICE AGENCY C.N. / J � �� �s��
���n��
(inclutle both plate number and VIN number for vehicles; attach additionai sheets of paper if necessary)
,,
` �RAMSEY COUNTY SHERIFF
� , AUTHORITY 70 QETAIN_ 8c �P�otateeeetea: .-
' BOOKING INFORMATION , Q_pat� �rti,is
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, Prisoner Name �
Alias/
Maiden/AKA
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Race l�.� Height s`� Weight �G �
�o� � Squad � �� Dept -S � ��r
1
2
3
4
5
6
Transporting Officer !'�y c�p Badge Squad Dept.
nleme FJ« Empqree rto. p
Time of Arrest (�� 33 J Date of Arrest �`��'�� of Arrest pG e����2v�lGa+� -
. N+chde Cily) ' .
Arrest CN (ONLY if diMxent tMn Chmge CN below): , y
e� d an«e a m�
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Alias
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rxnder -
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9� -oaS'
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AUTHORITY TO DETAIN (Requfnd by Wi iidu d CriaYnd Prowdirs 6.oi for Yisd� (Ywges}: Check all that aoolY.
� Prisoner is likely to engage in further criminal activity, if released.
� There is a likelihood that the prisoner will not show up for scheduled court appearance. -
0 Prisoner is a danger to seM and/or othars.
i
Special Infotma#ion: : :�,,.This Prisoner. .
* One or more 5""' '`be� was in a f i g d t o r a c c i d e n t
� ' � was seen at hospital before booking
� � None of the G �� >� Q had chemical agent used on him(her
� -���.� � _
� �`- � is under the influence (Alcohol/Drugs)
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7 �� �
( ❑ Property was seized: �� i
❑ i s i l I o r n e e d s m e d i c a ti o n.
❑ mentioned suicide.
� has psychiatric condition or
e�ibits bizsrre behavior
❑ vehicle Was towed - � �
Lon
Other information:
�`Ei .� " ` : i -'
IrequestthefollowingresVictions/speeialhandlinyforthisprisoner: (ahor»rsntrku«�.�nottoees�.noeonme�wiy,arotlwim,nas,.t,1
� Release aiter ldentfication � Groas AAisdemeanor DWI — Release after 4 hours
JAN 23 '95 10�26 ST.PRUL POLICE DEPT.
P.Si7
DF3ARThSEXT QF POLICfi • � w � ��
Wi!liam X. Fimuy. Chief o(Policr '
CITY OF SAINT PAUL
Nonn Co(cman, Mayo�
Bate � / Z �
Piease deiiver to (Name)
Police Department/Agency/Company
L ���
�ax No. � G°� `�� Z� Phone No. '�
From ___ LI�+C�� �S t L( Phane No.
Transmitta! of _.� page(s) includir�g this sheet.
Z.�' Z. --.3 7 � 2,_.
100£as+Eltv�nrhStreet Telephone: 61:-29!•!!I!
Soint Paul, Altnutora SSI01 Facrimile: 6t2•292•3911
FAX TF�ANSMITTAL
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JAN 23 '95 10�Z9 ST.PAUL POLICE DEPT., � p_6�7 '"T"�w "—
^�. ,, • nuiict or �N2iJAE AMD 1N7ENT TO FORFEIT PROPERTY
3 t�
'n � ;"P"'�'`–�� f� County. and are bein� heW for fodeiture:
Fo!feiNro d m1s p�opmry is aut«na&c uNess wimin 6� days of receipt of Nis form you tlemarW a judicia� aetermina5an Qt this matter, the
p�GC6tlnro 101 oMffining a jocLcial detarminaeon is set out in Minflespp SSaNles Section $Q9.5394, S�yy, 3 on the reverse side o( this Wtm.
JF YOtJ 00 NOT oEMAND JU61ClAL REYIEW F.XpCTLY AS PRESCRiBED IN MINNES07A STA7U?ES, SEC710N
609.531A, SUBpIVI51QM 3, YpU lO3E TtiE HIGriS YO A dU0SC1A6 pE7EpMINATION OF THIS FORFBI7URE AMG YOU
LOSE AHY AIQHT YOU MAY HAVE TO THE ABQYE OE5Ctt19E0 PROAEHTY. YOU MAV NOT HAVE 70 PAY TilE
FlLING FEE fOR TtiE DEMAND tF DETEHMINED YOU AA£ lJNABL@ TO AFFORD THE FEE. VOU DO NOT HAYE TO
aAY THE F7LING FEE 1F THE PROAERTY IS WORTH LESS THAN 5500 ANO YOU Ft�E YOUR CLAIM Iry CONCIl1A710N
CQLH7.
Nqi nplua ruawm cov khoom na yuav cia G raug nplua, tsuaa yog ha�s 5az nyob rau ha�v &0 hnub [om qab uas tau txais daim ntawv no koJ tau
mug Cuag I�p rooj puav txim plaub nh�p nrog tauq tue teeq meem no. Tu5 tcheej hMem uas yyav tau Uais kev tciav twm �aws li kev cai !g crypj
t8U fntr8b teem 45eg 2u lub Xeev MiMesota fus p�hppj, {51�ppj 5pg,5374, qib 3 tryob rdu Sab nT2KV nreud,
YOp HAIg TiAS KOJ TSIS 7MOV KOM 1MUA� KEV SiB 7AUG LUS RAWS 1.1 KEV CA1 Lfd CHOJ LAWV NRAiM U UAS
TAU PlAY 7SEG RAU HAUV AEEV MINNESOTA 7US TXHOOJ, YSHOOJ 609.5314, QIB 3, KOJ YU0.Y P008 CAt TXOq,
17CHUA HA�IS TXOG KNOOM AU T$�V l0$ SAUM N0. p KOJ YUA V SI�S RAUG THfM T()5 NQI
NTAUQ NTqWV YpG TtAS MtlAB NTSUAM XYUAS LOS SXOC KpJ YUAV THEp TSIS 7AUS. KOJ Yl1AV TS1S RAUG
THEb} Yp,j NOI N7AU8 NTAWY YOG FiAiS TIA$ YAl4 KFSpOM NTAWD SS18 NQy T$AWG T5HAJ G SS00 7HfAB KOJ
FiUS FO08 flAU TOM WB TSE4 TXHtbt KHO Pl,pUB NTUG Qt6 �IS (CONCIUATIOT{ COUflT�
� c��s�acF6n de estas D�oD�edatles es autom2tica, exceDm cuantlo j#da un0 clCtemiinaci6n ju�iciai tle este asunto tlentra tla los 64 d(ag
s�gst�e�tes a su recepcidn c1e este aviso. El proredimianW pya oMBner una tletettmttaci6n judioqi sa edalNece en bs estaWtos da Mirtnesota,
seca6n 8�8,5314, subdivisidn 3, que aparece impresa en la parie postedu dp esM tortnWano.
SI NO PtDE UNA REYi$ION JUDlClA1 EX0.CTAYENT6 7AL Y COMO SE PAESCBIHE EN LOS ESTATUTOS OE
lAtNNE$OTA SECCION 608.5374. SU9DIVI57QN 3, PERQERA 70D0 DERECHO A UNA DETERMINACION JUD)qAL
DE�ESTA CANFlSCAC10N Y 70DOS LOS DEpECHOS QUE PUE�A 7ENER SDBR€ LAS RqOp1EDADES DESCRITAS
ANTEAIORMEN7E. ES POSIBLE �UE NO TENGA QUE pAGAH LOS HONOqAFlDS DE �NTRODUCCIqN DE LA
DBMANDA SI SE DHTEAAliNA QUE NO TIENE MEDIOS AApA HqCERLO. NO T7lNG OUE PAfiAR HONORAR40S DH
INTRODUCCtON SS EL YALOA DE LA PA6PIEDAD ES MENOS OE 500 DOLAAE$ Y PqEgENTA SU HSCLAMACION
ANTE UN TRl6UNAL 6E CONCiL14C{ON.
�/' CERSIFICAT£ OF SERVlCE
� ce�urv mat on _/ �' � T 18��9ave a inre mPY ot thia ratice to d+e Oerson named above at (locatian a
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ve ve ae openy ra rodeawe.
a -��d`�a �-�y' S` .�r _I
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lNSTX4CT10NS TO OFFlCER: Usa ttis darm ONLY in rnnrtaa � Fo c� �Rrrar.r s nFe when aetrMq vel�kt mone precbus
atonsy pr mpq�s. grearma, ammurtition end fireartn aaesauba, Vehipas muyt contain StOp a rtpre {sVeet v��) ot au6stance.
r0 o�P�USE BAF.L PEH AND� AESS FlANlY�TO t W US RE T� p�ES�ARB LE618LE.�
pi1fGINAb 70 COUN7Y ATTORNEY �^ YLlJ.ONF COGY TO CWAIANT
PCIGCE AQENCY 0.N. �S �� J -s3�
PlNK CQPY TO POUCE AGEtlCY
�t�n�a
YOl! AqE kEAEBY NOTIflEO THAT pur5udnt t0 MiMesota Sffituteg S9cIlOn 609.531A, on �` �Y ' �
Ne iWOwirlp motor vehiCie arlQ�or mmey. Precbu9 metals w 9fecia�s Scpnes. dnQ+w firearnti4. arnmuni9on eM fir6arm 9ceassonee wero Se+38C
Cy 8+e w�dersigneC law enforcemerrt agenry at pocatlon ot se+zura�:
{tnCtude DoSh WSie number and VSN MurAeT tor vehidgs: attaNl a0C�i6ons7 g�gg}S of ABPer ff necessary)
JRN 23 '95 10�29 ST.PRUL POLICE DEPT.
' ' �'iAMSEY COUNTY SHERIFF
� AUTHORI'CY't`4. DETAIPI8�
SOOKiNt# fPfFORMATION
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A�rr�e�s� Ott�w ' .-r� � o 8adga 7� / 3quad � ��� Depk. ! � %��—� �
T��� ��g�� `'sY�..l? Badge Squad Oept
Time ot Arresi /J� 33 _ Deie o} Arrest �`��•��"'p�� a t Arrest p�'� e��-�-f��� G[.cc.ra �
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(� Prtsonar is likaly W ongege in tusther eriminaf activity, if rateased,
' I [� There is a fikatit,00tl �hat iha prisoner wiil no[ sbnw up foraclreduled couK appearance.
� Q Prtwner is a Cengerto self and(or othats.
Specia► lrtformsUcn: This Prisa
• (Ona or more boxes rttust 6s chacked T��-
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was in a Rghi ot accident
waa seen at hospital betora booking
t�ad ahemtcal agent uutl on hlm(ha�
is under the influanco (Alcohol/Drugs)
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� Propeny waa aeiud: _�� � c{!� u-�d
Q i� 111 or naads metlica0on. �
❑ menDOned suicitle.
[� has psychiatric conditian cr �,
� a#flbits biurre behavior
vehiCle W98 LOVt9d • •� v ,y
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�1}l6f IS1T0{R160DI1: _ ��, '
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1 roquestthafoliowing restrictions/apecial handlinqlorfAis prisoner: 19wn.r.aktien h,ees,cap ,i,com�e �y,e,�,.,
� Reiease aher ldentlflcaUon • � Gross iAisdameannr nwe � p��$s attar 4 hours
OFFICE OF THE CTfY ATTORNEY
Tunotlry E. Ma..S CiryAvome�� Q S„', I�
CITY OF SAINT PAUL
Norm Coteman, Mayor
December 27, 1994
Mr. Robert M. Manone, Jr.
840 Bast Tt�ird Sueet
Saint Paul, Minnesota 55106
RE: In re the licenses of Robert M. Marrone, �r.
Taxicab Driver's License No. 20948
840 East Third Street, Saint Paul
Deaz Mr. Marrone:
NOTICE OF FIEARING
This is to notify you that a hearing will be held concerning all the licenses held at the
premises stated above at the following date, time, and place:
Date: January 24, 1995
TSme: 9:30 a.m.
Place: Room 40-B
Saint Paui City Hall & Ramsey County Courthouse
15 West Kellogg
Saint Paul, Minnesota 55102
The judge will be an Administrative L,aw Judge from the State of Minnesota Of6ce of
Administrative Hearings:
Name: Rita McCommel
Oftice of Administrative Hearings
100 Washington Square
Suite 1700
Minneapolis, Minnesota 55401-2138
Telephone: 341-7600
The Council of the City of Saint Paul has the authority to provide for hearings concerning
licenses, and for adverse action against such licenses, under Chapter 310, including sections
^ � v '_ . .C?✓l� �MS10R
g 400 Ciry Hdl Telephonc 6I2 2668710
�� ��.v L� t,:`: A,I�'�e2tKeAa�SZvd Facsvnile.•6I22985679
SairK Pau; M'uu�esom SS102
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Notice of Aearing Page 1
�is -3 �t
310.05 and 310.06, of the Saint Paul Legislative Code. Adverse action may include
revocation, suspension, fines and other penalties or conditions.
Evidence will be presented to the judge which may lead to adverse action against all the
licenses you hold as follows:
On October 21, 1994 a Yellow Cab, license plate 340 JON, which you were
driving was spotted on Interstate 94 traveling at speeds in excess of eighty
miles per hour (80 mph). You failed to stop whea Saint Paul police officers
attempted to stop your car and you were seen throwing items from the
passenger window of the car. (Several small sandwich-sized plastic bags were
later found in this area, the contents of which was determined to be
marijuana.) Ugon exiting off of Interstate 44 you were finally apprehended
at ltvin City Yellow Taxi, Inc. at 1463 Marshall Avenue, Saint Paul. At that
time yoL failed to willingly comply with nolice instructions to get out of the
car and failed to cooperate when the officers attempted to handcuff you.
Upon arrest, a marijuana cigarette butt was found in your possession.
Fleeing a police officer in a motor vehicle, obstructing legal process or arrest,
possessing smali amounts of marijuana, and careless driving are crimes
under Minn. Stat. §§ 609.487, 609,50, 169.13, and § 152.09, respectively.
Additionally your driving record indicates you have had numerous moving
violations during the past three years. The City Council may find that you
have violated state law and section 376.16 of the Saint Paul Legislative Code
and have engaged in conduct which fails to comply with laws reasonabiy
related to the licensed activity of driving a taxicab. The Council may
therefore base its action on Section 310.06 (b)(� and (b)(7) of the Saint Paul
Legislative Code.
You ha�e the right to be represented by an attomey before and during the hearing if you
so choose, or you can represent yoursel£ You may also have a person of your choice
represent you, to the eatent not prohibited as unauthorized practice of law.
The hearing will be conducted in accordance with the requirements of sections 14.57 to
14.62 of the Minr�esoYa Statutes, and such parts of the procedures under section 310.05 of
the Saint Paul I.egislative Code as may be applicable.
At the hearing, the Administrative Law Judge will have all parties identify themselves for
the record. Then the City will present its witnesses and evidence, each of whom the licensee
or attomey may cross-examine. The licensee may then offer in rebuttal any witnesses or
evidence it may wish to present, each of whom the city's attomey may cross-examine. The
Administrative Iaw Judge may in addirion hear relevant and material testimony from
persons not presented as witnesses by either party who have a substantial interest in the
outcome of the proceeding; for exampie, the owners or occupants of properry located in
Notice of Hearing Page 2
`jS -311
close proximity to tbe licensed premises may have substantial interest in the outcome of the
proceeding. Concluding azguments may be made by the parties. Follawing the hearing, the
3udge will prepaze Findings of Fact, Conclus9ons of Law, and a specific recommendation for
action to be taken by the City Council.
Xou should bring to the hearing all documents, records and witnesses you will or may need
to support your position. Subpoenas may be available to compel the attendance of witnesses
or the production of documents in conformity with Minnesota Rules, part 1400.7000.
If you think that this matter can be resolved or settled without a formal hearing, please
contact or have your attomey contact the undersigned. If a stipulation or agreement can
be reached as to the facts, that stipulation will be presented to the Administrative Law
Judge for incorporation into his or her recommendation for Council action.
If ycu fa1 ta appear at the hearing, the a]legaiions aga'mst you which bave been stated
earlier in this notice may be taken as true and your ability to challenge tbem forfeited. If
non-public data is received into evidence at the hearing, it may become public unless
objection is made and relief requested under Minnesota Statutes, section 14.60, subd. 2.
Very truly yours,
l��z�� U• /��
(
danet A. Reiter
Office of the City Attomey
cc: Robert Kessler, Director
LIEP
Kristine Rozek
LIEP
Nancy Anderson
City Council
Nancy Thomas
Qffice of Administrative Hearings
Lt. Nancy DiPema
SN
Notice of Hearing Page 3