The URL can be used to link to this page

95-1177 ' Council File # q S" � �� 1 O R I�� 1 �' `� Green Sheet # 33728 RESOLUTION CITY F SAINT PAUL, MINNESOTA ' a • O Presented By , Referred To Committee: Date 1 RESOLVED, that the T�icab Driver's License (#46479) held by Michael S. Hickes is 2 hereby revoked for violation of numerous provisions of Chapter 376 of the Saint Paul Legislative 3 Code governing the action of taxicab drivers in the City of Saint Paul; and be it 4 5 FURTHER RESOLVED, that pursuant to Saint Paul Legislative Code Section 310.05(k), 6 the licensee shall pay all costs of the contested hearing before the Administrative Law Judge, in 7 the sum of six hundred ninety four dollars and twenty cents ($694.20) within thirty (30) days of 8 the adoption of this resolution; and be it 9 10 FURTHER RESOLVED, that the Report of the Administrative Law Judge dated August 11 30, 1995, with its Findings of Fact, Conclusions of Law, Recommendations and Memorandum, 12 is expressly ratified and adopted as the written findings and conclusions of the Council. 13 14 This Resolution and the action taken above are based on the record of proceedings before 15 the Administrativz Law Judge, including the hearing on August 9, 1995, the documents and 16 earhibits introduced therein, the arguments and statements of counsel for the City License Division 17 on September 20, 1995. The report of the ALJ is attached hereto and is expressly incorporated 18 in and made a part of this Resolution. 19 20 A copy of this Resolution, as adopted, shall be sent by first class mail to the 21 Administrative Law Judge, and to the licensee. 22 Yeas Navs Absent Requested by Department of: B a ev Harris rimm uerin � �— Meqar Re t tman une �� By� Adopted by Council: Date Q Form Approved by City Attorney � '-�`�gS Adoption Certified by Council Secretary BY: �� ZZ % BY� � Approved by Mayor for Submission to Council Approved by yor: Date � BY= BY= �5-��1� c�t Council K 9/25/95 � REEN SHEE . N� 3 3 � 2 8 +�E � oew�Nr o�ECt�a N m n w n r e O cmr couNCa �" m � w n t� Nanc Anderson �� emr�rn�ev � CITYCLERK MUBT BE K ,ID�, ❑ BUDfiET DIREC� � flN.. MOT SERVICEB DIR. r� �^� �� a TOTAL � OF SqNATURE PAOE$ (CUP ALL LOCATION8 fOR SKiNATUR� �craH nECU�c: Finalizing City Council action taken September 20, 1995,concerning adverse action against taxicab driver's license held by Michael S. Hickes. - RE �� $ ' �� PERSONAL SEIRVICE GONTRACTS MUST ANBWER TNE FOLLOMIINO OUEiTIQNB: _ PLANNINO COAMiM3810M _ GIVIL SERVICE OOAAAM88ION 1. lias fflls psrsoNHrm ewr worked u11d� a oontract lor lhis d�pYlUlfeM? - _ Cle WIAAMI7TEE _ YE3 �NO 2. Hu this P��n/Nrm ever bssn s dly empbyee? — �� — YES NO _ D18TRICT COURT — 3. Does this peroon/firm posess� a NdN not nwmally Poesessed bY a�Y �umM +�ItY enployse� SUPPd#'TS WFIK�1 COINrqL OB,IECT1vE? YES NO Explaln dl y�s an�w�rt on s�pu�b sM�t nM athoh to OnM N�t INITIATINQ PROBLEM. 18SUE� OPPORTIINITY (Mllw. Wh�t. INlrn. WMn. Nlly►: A�IANTAfiE81F APPROVED: 018AD1/ANTAOES IF I�VED: DIBADYANTAOEB IF NCf APPR0I�D: • NVWICM �� 'l� 5�� 2 si 19�J5 . TOTAI. AMOUNT OF TRANSACTION = COST/REYENUf dtfpQETED (GRCLE ONE) YES NO FUNDIHG SOtlRCE ACTIVITY NUMBER FlNANCIAI. INF�iMATION: (EXPLAIN) �,5-�C�7 OFFICE OF THE CITY ATTORNEY Timothy E. Marx, City Anorney CITY OF SAINT PAUL Civil Division Norm Coleman, Mayor 400 City Hall Telephone: 612 266-8710 15 West Kellogg Blvd. Facsimile: 612 298-5619 Saint Paul, Minnesota 55102 �� September 22, 1995 Nancy Anderson 310 City Hall RE: Wednesday, October 4, 1995 Council Hearing Items for Consent Agenda: Michael Hickes - Taxicab Driver's License Campus Sports Grill Nancy: Attached are the signed resolutions identifying the penalties imposed by the City Council on Michael Hickes and Campus Sports Bar & Grill. Please schedule these items for the Consent Agenda for the Council Hearing on Wednesday, October 4, 1995. Thank you. Sincer y, i � � . � , ��. . Peter P. Pangbor Paralegal + ' OFFICE OF THE CITY ATTORNEY "� ? T'unoehy E. Mar.� Ciry Attorney CTTY OF SAINT PAUL Civil Division Norm Coleman, Mayor 400 Ciry Hal! Telephone: 612 266-8710 IS West KeUogg Blvd Facsimile: 612 298-5619 Saint Pau�, Minnesoto 55102 �� September 5, 1995 Michael S. Hickes 1171 East Lawson Avenue Saint Paul, Minnesota 55106 NOTICE OF COUNCIL HEARING RE: Licenses held by Michael S. Hickes for Taxicab Drivers License Our File Number: G95-0248 Dear Mr. Hickes: Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned taxicab license has been scheduled for 3:30 p.m., Wednesday, september 20, 1995, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also 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 the record of the proceedings before the Administrative Law 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 judgement and discretion. Sincerely, ��_ - anet A Reiter Office of the City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Frank Staffenson, Deputy Director, LIEP Sue Vannelli, Community Organizer, Payne Phalen District 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101 a5-�� 60-2101-9865-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY COUNCIL OF THE CITY OF SAINT PAUL In the Matter of the Licenses Held By Michael S. Hickes FINDINGS OF FACT. for Taxicab License Driver CONCLUSIONS AND RECOMMENDATION The above-entitled matter came on for hearing before John W. Harrigan, Administrative Law Judge, on August 9, 1995, at 9:30 A.M., at Room 42, St. Paul City Hall, 15 W. Kellogg Boulevard, St. Paul, Minnesota 55102. The hearing concluded on August 9, 1995. Janet A. Reiter, Assistant City Attorney, 400 City Hall, 15 W. Kellogg Boulevard, St. Paul, Minnesota 55102, appeared on behalf of the City of Saint Paul. Michael Hickes, the licensee, appeared on his own behalf. This Report is submitted to the Saint Paul City Council, pursuant to Section 310.05 (c-1) of the Saint Paul Legislative Code. This report is a recommendation, not a final decision. The Saint Paul City Council will make the final decision after a review of this record. The Council may accept, reject or modify the Findings of Fact, Conclusions and Recommendation contained herein. Pursuant to Section 310.051c-1) of the Saint Paul Legislative Code, the Council shall provide the licensee an opportunity to present oral or written argument alleging error in this report, and to present argument relating to any action recommended in this report. The licensee should contact Janet A. Reiter, Assistant City Attorney to ascertain the procedure for presenting argument. STATEMENT OF ISSUES 1. The issue to be determined in this proceeding is whether action may be taken against all licenses held by Michael Hickes on the grounds that the licensee, on May 20, 1995: °15-11�7 a. picked up a group of passengers to be taken to the Mall of America, while under the influence of alcohol; b. did not take the passengers to the Mall of America but stopped at a Total Mart on West 7th Street in St. Paul; c. engaged in indecent sexual conduct by unlawfully touching and grabbing one of the passengers without her consent; d. assaulted another passenger; e. attempted to ask for additional money for fares; f. and left the passengers at the Total Mart. This is in violation of Section 310.06 and 376.16 of the Saint Paul Legislative � Code. The Administrative Law Judge makes the following: FINDINGS OF FACT 1. Michael Hickes is currently licensed by the City of Saint Paul as a taxicab driver. 2. On May 20, 1995, Michael Hickes drove to the Payne Reliever, a bar. He drove his taxicab to the bar because his personal vehicle was not working.. Michael Hickes had been drinking at the Payne Reliever. When Miichael Hickes was leaving the bar he was hailed by ther nine young ladies.. His taxicab was not in service at the time and he did not check in with his dispatcher. The ladies had also been drinking, both at their hotel and at the Payne Reliever, over a period of several hours. 3. Licensee agreed to take the nine passengers from the Payne Reliever to the Mall of America. The testimony conflicts as to what the fare arrangement was. The passengers state that he agreed to take them for 525.00, and that they paid the 525.00. Michael Hickes states that he attempted three times to turn the meter on only to have the passengers turn it off. The ALJ finds that Michael Hickes agreed to take the passengers to the Mall of America for 525.00 and that the passengers entered the taxicab believing that to be the arrangement. 2 a15 -1�� 4. During the trip, Michael Hickes made several contacts with the breasts of Marie Jorgenson, a passenger, with his right arm. 5. During the trip, Michael Hickes had Marie Jorgenson, the passenger, steer the automobile and he attempted to open her pants. 6. Michael Hickes stopped the taxicab at the Total Mart on West 7th Street, ostensibly to get gasoline. 7. At the Total Mart on West 7th Street, Michael Hickes threw a� passenger, Tara King, to the ground. There was an altercation between Michael Hickes and several of the passengers at the Total Mart. 8. Michael Hickes was observed driving in an erratic manner for approximately a mile before he arrived at the Total Mart. 9. Three witnesses testified at the hearing that Michael Hickes smelled strongly of alcohol and appeared to be under the influence while he was driving the taxicab and while he was at the Total Mart. 10. Michael Hickes was given notice of this proceeding by letter, dated July 7, 1995. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS OF LAW 1. The Administrative Law Judge and the Saint Paul City Council have jurisdiction over this matter pursuant to Minn. Stat. 340A.503, subd. 2, and Saint Paul Legislative Code 310.05 Ic-1). 2. The Notice of Hearing was proper in this matter and all procedural requirements of law or rule have been fulfilled by the City of Saint Paul. 3. Saint Paul Legislative Code Section 376, governs the action of taxicab drivers in the City of Saint Paul. 4. Michael Hickes violated the following sections of the City of Saint Paul Legislative Code: 3 °I5-�ti7� Section 376.1 1, subd. f. The engagement of the taxicab was not determined and fixed by the taxi meter, according to rates provided for in the chapter. Section 376.1 1, subd. g. By deceiving the passengers as to his destination or the price authorized to be charged for such destination. Section 376.1 1, subd. I. By making false representations as to the destination of the trip. Section 376.1 1, subd. q. By permitting overcrowding of the vehicle. Section 376.1 1, subd. t. By operating the vehicle in an unsafe manner, i.e. swerving. Section 376.12, subd. g. By operating the vehicle in a state of intoxication. Section 376.13, subd. d. By not throwing the flag on the meter. Section 376.15, subd. a. By quoting a fare other than those fares authorized by this section. 5. Saint Paul Legislative Code, Section 3786.16, subd. k, 4, provides that failure to comply with the provisions of this section shall be grounds for revocation of a taxicab driver's license. 6. Saint Paul Legislative Code, Section 310.06, subd. b, 6, (a) and 1c1, provide the general license authority for the Council of the City of Saint Paul to take adverse action against a licensee for violation of the Legislative Code. 4 aS-��7? RECOMMENDATION IT IS HEREBY RECOMMENDED: That the City Council take adverse action against the license as follows: the taxicab driver's license of Michael S. Hickes should be revoked and he should be responsible for the costs incurred by the City for holding a hearing to revoke the license. � Dated: � � 30' �S • JOHN W. HAR I AN Administrative Law Ju g NOTICE Pursuant to Minn. Stat. 14.62, Subd. 1, the agency is required to serve its final decision upon each party and the Administrative Law Judge by first class mail. Reported: Tape recorded 5 . a�s-��-,� MEMORANDUM It is hard to find a more clear-cut case of violation of the licensing laws. Michael Hickes admitted that he had many drinks on the date in question and that he drove the taxicab to the Payne Reliever because his private car was out of commission. At the hearing, Michael Hickes stated that he wished to apologize to Ms. King and Ms. Jorgenson for any inappropriate behavior. He further stated that, prior to this occasion, he has never been accused of drinking on the job or assaulting passengers and on this date he really wasn't on the job and he made a mistake by accepting the passengers when he was hailed by the group of young ladies. The licensee clearly violated the law in many respects. Any requests he makes for leniency are left to the discretion of the City Council. JWH 6 . . �s-�� OFFICE OF ADMINSTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL OAH Docket No. 60-2101-9865-2 In Re the License of Michael S. Hickes 840 East Third Street Saint Paul, Minnesota CITY�S PROPOSED L%HIBITB August 9, 1995 TO: Judge John Harrigan, c/o Administrative Law Judge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401-2138 The following constitutes the proposed Hearing Exhibits of the City's Department of License Inspection and Environmental Protection. �xhibit xo. Description Exh. No. 1 Notice of Hearing with Affidavit of Service; dated July 7, 1995; 4 pgs. Exh. No. 2 License informatioin regarding Michael S. Hickes; Certified June 27, 1995 Exh. No. 3 Police report completed by Officer Scott Braski; CN 95-068-766; 5 pgs. (double sided) dated May 20, 1995; Exh. No. 4 Supplemental police report completed by Sgt Bob Weston; CN 95-068-766; 5 pgs. dated June 7, 1995; July 3, 1995; Exh. No. 5 Photo of Tara King; bruise. Exh. No. 6 Notes taken by Peter Pangborn dated July 3, 1995 Also attached hereto, please find courtesy copies of applicable Saint Paul City Ordinances. . a5_�� Respectfully, submitted this � day of August, 1995 � J et A. Reiter ttorney at Law Office of the City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 Atty. Req. No. 250806 2 . - �� q�_��,� Z ' ' • . • OFFI�F THE CITY ATTORNE Twno ar� Ciry Aaonuy CTTY OF SAINT PAUL Civil Division Norm Coleman, Mayor 400 City Hall Telephon� 612 266-8710 15 West KeUogg Blvd Facsimile: 612 29l8-5619 Saint Pau� Minnesota 55102 i.�r July 7, 1995 � NOTICS OF $EARING Michael S. Hickes 1171 East Lawson Avenue Saint Paul, 1�T 55106 RE: All licenses held by Michael 8. Hickes, for Taxicab License Driver - Dear Mr. Hickes: Please take notice that a hearing will be held at the following time, date and place concerning all licenses for the premises stated above : Date: Auqust 9, 1995 Time: 9:30 a.m. PlaCe: Room 42 St. Paul City Hall 15 W. Relloqq Blvd. Saint Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: John Harriqan Office of Administrative Hearinqs 100 Wasbinqton Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 872-0222 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. � n re e i ises o� ic iae . ic �es � _ d/b/a Michael S. Hickes — City's Exh. No. 1 �{� _��7 -�-- - . � ° 15 • Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as follows: •�That on May 20, 1995, you picked up a qroup of fares to take to the Mall of America. At the time you were under tbe iafluence of alcohol. You did not take them to the Mall ot America, but stopped at a Total Mart on West seventh Street in saint Paul. On the way to the Total Mart you enqaqed in indecent sexual conduct by unlawfully touchinq and qrabbinq one of the passenqers without her consent. At the Total Mart you also assaulted another passenqer. You attempted to ask for additional money for tbe fares, and then left the passenqers at the Total Mart. The above conduct is a violation of law, and constitutes qrounds under Section 310.06 and 376.16 of the Saint Paul Leqislative Code for revocation of your license. �� You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney 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 attorney may cross-examine. The Administrative Law Judge may in addition 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 example, the owners or occupants of property located in 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 Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You 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 attorney 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 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, subdivision 2. Very truly yours, _ � Philip B. Byrn Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Frank Staffenson, Deputy Director, LIEP Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Mpls, MN 55401 Sue Vannelli, Community Organizer, Payne Phalen District 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101 . . . _ . . • • ��'�� STATE OF MINNESOTA ) ) ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY ) JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on July 10, 1995, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Michael S. Hickes 1171 E. Lawson Avenue St. Paul, MN. 55106 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. � JO E G. LEMENTS Subscribed and sworn to before me this lOth day of July, 1995. , 1 1 - � � o r Publ' � KATHRYN J. McLAUGHLIN � NOTARY PUBLIC - MINNESOTA RAMSEY COUNN W�y cornm. Expiros Jsn. st, 2000 °I5-�t7? Li c ID ................... 46479 STAT ..................... AC Business Name............ HICKES, MICHAEL S Address ......... ........ 1171 LAWSON AVE E Zip...... .............. 55106 Doing Business As........ MICHAEL S HICKE/DIAMOND License Name ............. TAXICAB LICENSE DRIVER (RENEW) Exp Date...... ......... 11/13/95 Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ DIAMOND Tax Id........... ...... N/A Worker Comp Exp Date..... Telephone ................ 776-0321 Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP� VT102 � FDX � 9600 E71 � LOG CLOSED � PRINT OFF ( 6/27/95 I hereby certify that this is a true and exact copy of the records of the LIEP Office of the City of St. Paul for Michael S. Hickes at 1171 E. Lawson Avenue. _ � �� Christine Rozek, Licen Manager ot y Public ■ s iLIND/! KAY KORAN �`;�` NOTARYPU9LIC-MINNE80TA '"''" "' �,�y Cammittion EtplrN J�n. �1, l000 �.� ' r � r-q3l-oo � n re ie icenses o ic ae . ic �es � —, d/b/a Michael S. Hickes — City's Exh. No. 2 . � • , ' , ST. FAUL POLICE DE�AF' =N7,• {�� ` �� ' � OFFENSE / INCIDENT F. .. J ""'` � Squad: � Team _ Cross Reference CN: � � • empt ❑ Attempt ❑ Atterr 1. 2. 3. Location of Incident: �--�-�A � Name of L ication/Business: I ! � �}. V' 11 1 Time 8 Datepf Occurrence: Date Tim of This Report: Occurred t❑ Between �_ hrs. on and hrs. on p� � Yes ❑ On View Arrest�s) Made: Cita ons Issued: � Yes ❑ No ❑ No Time Date ❑ Warrant/Previous C.N. •• • • � Squad #: Unit � Patrol Agency (if other than SPPD): Squad #: Unit: � Patrol Agency (if other than SPPD1: Other Other Resistance Encountered: Weapons Used By Police: ❑ None Weapons Used By Suspect at Time of Arrest: ❑ None ❑ Yes ❑ No � Chemical ❑ Hands/Feet ❑ Stungun ❑ Edged Weapon ❑ Firearm � Impact Weapon Pursuit Engaged In: ❑ Yes ❑ No ❑ Firearm � Impact Weapon � Other ❑ Expbsi� ❑ Hands/Feet ❑ Other If Arrestee is a jwenile, write "JUVENILE" in the name box. If the victim is a jwenile, the victim's name, etc. is filled in, unless the jwenile wa victim of a CSC or child abuse. ln those cases, just write "JUVENILE" in the name box. Also, do not list the name of an adult victim of CSC. If a victim or wftness wishes to have their name kept private, and the officer has reason to believe that releasing the person's name wouW I them or their property in jeopardy, check the "Request Non-public" box and leave the name box blank. " . Name ( st, First iddle • Ad �s � 1 �� e � � ,_ / ❑ Request N �(/ Non-pub Was this pe n taken � es Health care facility & Address: to a health care facility? � No Name (Last, First, Middle): Address: Was this person taken � Yes Health care facility & Address: to a health care facility? � No •� � Name (Last, First, Middle): Address: Request � Non-pu6 Was this person taken � Yes Health care facility & Address: to a health care facility? � No • • : Name (Last, First, Middlel: Address: � Request Non-puh Was this person taken � Yes Health care facility 8 Address: to a health care faciliry? � No • ••• . ---1�` �.�-�1 �� _ � �-�-`_? . �-'�,--�--�- a`''�- _ _ � . __-. � �--_ _ - _ _ _ --- - -R �Ef��--__ __ _ _._ � __ _ --- --- ___ � _ JUN 05 1995 .__ _ _.___ � _ . _ _ __ � ---- -. _ .__._____ _ _t � ��.�'�'{��________ _ � : _ � Case: sgned � HF Hom Rob _Juv _Coord _ID Lab � R�ec T�eam Sex D/C —Burg Theft _Prop —C� �� CO Rptr Vice Narco _Slt� _T� d/b/a Michael S. Hickes _ City's Exh. No. 3 Mfe�e 1 ❑ 2 3 Victitn ❑ NfNness Sen: ❑ M St Paul d Wctim/ ❑ ldi�e�G Pb�son F ❑ Y N .�,,,�r�� •` eme (l.ast, F►rst. ' � ( Apt• . 1: � `.1 J 1/\ z - 7 �t�,: E aa��.c�,�,�ar, n�r,e: . �t, ad� Pr,�,e: �iNCa c,� ae��s� o� o�;r,: � � `J `�O . �r ❑�,m G��,i,� � '0�� r r�e Heir. Si�c Tafoos: Type: Locatioa Condition: ]�+ O e�s p� p we.,a ❑� Q a�, p a, a�,a � p� p s� } e� p e+� Q r�� ❑ e� [f �nr�x p se�,eo� p a, cn�c � ❑�F� p Hso ]� ❑ e�a p sa�,c p a�o.R�. p F�aa� ❑ e� p a, ►� p�� p►�e �c�c ] r�+ ❑ e� ❑+n�.�r�►,r O e�+wsa. C3 c� p� Q ar+e► Q k�r ero.��a... p r,�i i l w� ❑ c� 0 e�.�o.n� ❑ r�o� 0 r,a� Q toe. a� ta.m p t�si� p or� I 0�cu�,�„ p snorc p a� ❑�oea r�p t�c r��a ❑ r�„� p se�e �, ❑ r,�ck ❑ u�� O sar,er ❑ RAea:m, O Pa�e ❑ Pbdcmark p f�gl,c ►+snaea ❑ wmbe� p a�.,�xe�slab ❑ Torso sadc ❑ cor�saous ❑ White ❑ lon9 ❑ 1#x1dY Q Sr�►-9OdY ❑ OMier _❑ Pir�tre/Design ❑ GudxR ❑ Torso Frart ❑ Unconsciau }�� ❑ Scer–Fedal ❑ Olher i�Aeln tNXY ❑ DOA dfense 1 ❑ 2 ❑ 3 Victim Witness Sex: M SL Paul t Signature of V'�etim/Gusrdian: ❑ �+a � � �+s �«+ ❑ Y N X ame � F�rsc. M+dd�e). ( t Gry. te Zal: � . � : — . Oc . Empbyer. J� Jweniie - Parer�t/Guard�ari [Vame: Parent/C�rardian /�ddress: Phone: idu�ame/AKA: Geng City/State of Orgin: �ipht We+ghk Bal� pe � ❑ HeavY Q Medam ❑ Sietder ace: Haa: Skin: Identifying Fea�res Tatoos: lry y . Iryury Loc�tio� Co�dition: I�+ O ea�a O K�r O� O� ❑ c�, sn�, ❑ a, ,orm ❑ ❑ D so�► l e�a� � e� ❑�a+� p e� ❑�x ❑ s�� p o� c►,�� p�,Si►� Q Hso )�, p e�,a p sv�ac p aow,-�c Q�s p e�d p o�, r+�,a ❑ nu� p�aa Q w,00�cea 3�� O e�, ❑ w�ri� O a�+-�a. ❑ c,� ❑� p on�� p e�, e«,� ❑�� ❑ a�� ❑ �fi' ❑ Browr+-De'k ❑ Moles ❑ Initial ❑ Lou f Teeth ❑ Legs/Feet ❑ Drugs ] urr�rowR p c��, p sr+o�r p a� ❑�ea �rts► � t�e ►+�w�a ❑►� ❑ t.�e�t�, ❑ r� p uro�� ❑ SandY ❑ Med�um ❑ Pale ❑ Pockmark ❑ Rght Har�ded ❑ Number ❑ Punctu /Stab ❑ Torso Back ❑ Corscious ❑ � ❑ ��9 ❑ �v ❑ sce►–eoar ❑ a►�e► _ ❑ Picture; oesigr, ❑ ❑ T«SO k«,t ❑ �o�c�ous ) KWenic ❑ Scar–Fadal ❑ Other ]or InNrY ❑ DOA . � ffertse 1 ❑ 2 ❑ 3 ❑ Yictim VYdness Sex: M St. Paul Re ent Signature of tim/C',uardian: ❑ ComP ❑ SuspeCt ' Person F ❑ Y N X ame (Las First, ji \ '� Addre t Apt.. � te. Zi 1: � �� OB.: Age: Horne P � Phone: Ocupation: Empbyer. Jt�nle - Pa►ent/Guardian Name: Parent/Guardian Address: P�: ��e�AKA: Gan9: Ciry/State of Origin: eighY. We�ght: Buik1: Clothing/Additional Description: ❑ Heavy ❑ Medium ❑ Slender ace: Hair: Skin: Identifying Features: Tatoos: Irtjury Type: In�ury Location: C,ondition ] Asian ❑ Bald ❑ Kinky ❑ Albino ❑ Acne ❑ Gean Shaven ❑ On Arrr ❑ None ❑ None ] Btack ❑ Black ❑ Receding � glack ❑ girthrt�ark ❑ Stubble � �� ' k � n ❑ On Chest ❑ Minor ❑ Arms/Fiends ❑ HBD O e�«,d p sc�a�r,� ❑ eroWMu. p F�es p eearo p a, r�,a ❑ Possible Intemal ❑�aa p a,w�cea l►�e�an p e�o.�� p v�ericu►�v ❑ emwn-Med. p G�ses p r�ouscacne p ar,e� O nvaffie�n erd�e�, eo�es" ❑ �n�e►nar p aoo►,o� ) vw,� ❑ c� ❑ �,�„-o� Q� p m�c�ai p �oss or r�m p�iF�c O o�,� ) tr�kna.� Q Rea�ka,m Q snort ❑ arve ❑ Pie��ed Earts► O�n ��1ed ❑ rlame p severe Lace2cion Q rJeck ❑ unknow� ❑ SandY ❑ Medium ❑ Pale ❑ Pbckmark ❑ RigM Marded ❑ Number ❑ Puncture/Stab ❑ Taso 8ack ❑ Consaous ` Y�" ,e !_! Lonc ❑ Rudr ❑ Scar–Body ❑ Other _❑ Pictu•e Des�gr. . � Guns!xr, ❑ Torse F�ont ❑ Unconsc : -;:sc,:-: : � i 1 ; � Sca•–Faaa � �,o�• t.,��o- n�u•y I !_ DC+a —•--- . • . . Pace . as-��r. .. _ PERSON NUMBER :,: ; �. . ,, Ofisnse: 1❑ 2 ❑ 3 Y�m ❑ Vritr�ess Se� St Paul Residsnt Signafure of Victim/Guardian: Susp�ct ❑ Missinp Psrson ❑ Y� N X Nam� ( 1 C Middl�� Addross (Stra�t, Apt, City, Stat�, T.ip): V .. . Work Phone• pation: E plo e � a.�d �D � ��2c�c_° �" !-�r��o21 i�x � If Juvenils - ParenyGuardian Nams: PsrenyGuardian Addreu: Phone: Nickname/AKA: Gang: City/State of Origin: Hei h eight• Build: Clo ing/Additio al Description: • � (� �� '#- S ❑ Heavy � Medium � Stender �'e�s �r ou rse Sh (Nf �� •1 ,� lxr�! Race: Hair: Skin: Identifying Features: Tatoos: Injury Type: Injury Location: Condipon: ❑ nafan ❑ sNd ❑ Klnkr ❑ aano ❑ nc» ❑ c�sn, snsr«, ❑ on a,,, ❑ Nons ❑ N«,. Q soew � &adc � Bladt � Recednp � &rh � &nhmatk a StubW� � O� CAMt � Mlnor � Artna/Hard� ❑ MBD � Indian � Blad Str�fGM ❑&wm-LL � FrxkM� ty Bsvd � Qn Mand � Pw�ibN Intsmd ❑ Ns�d a Inlmda�bd � Msxlun �&own �W�vsf'/C�+M ❑ &own-Med. ❑ C3laess� �ilwatdr � Olf»r � Appvsrri &oken Borw � Intemal Aioolnl � MR+HS � Ony �&avn-Dark � Mdet � Initlal � Lw d Testh � Le9a/Fs�t ❑ pnp� UNtrwwn � Red/Aubum �'Shat � piv� � Raosd Ear(sl❑ LsH Mandsd � Nam� � Sswt� l�oxatlon � Nsdc � UNcwwn � Sardy � Msdlum � PW � Pxkmark � RIpM Mardsd � Numbsr � Punqve/Stab � Torso B�dc � Con�tJa� � WAIb � Lap � Ruddy � Snr—Body ❑ Othx _ � ��I�W^ � Owhat � Taao FraM � Unodrtlou ❑ HisW� A-+oa�e ear � Snr—Fadal � 011x� Major �nIWY � DOA ;: ,.::: , :�. ,. . ..; > . PERSON. NiJMBEFt� � , � '� . `::�..�. ��.��""°., _ ::.. �.. _ � >. . . . .< ... � .. OHensa: ❑ 1❑ 2❑ 3 ❑�ctim ❑ Witness Sex: � M St Paul ResidenC Signature of �ctirtyGuardian: � Suspect � Missing Person � F � Y � N X • Name (Last, First, Middle): Address (SVeet, Apt, City, State, Zip): D.O.B.: Age: Home Phone: Work Phons: Occupation: Employer. If Juvenile - ParenyGuardian Name: ParenyGuardian Address: Phona: Nickname�AKA: Ganp: Ciiy/State of Origin: Height Weight: Build: Clothing�Additional Description: � Heavy � Medium � Slender Race: Hair. . Skin: Identifying Features: Tatoos: Injury Type: Injury location: Condition: ❑ asian ❑ eaa �❑ Kinky ❑ aaro ❑ o�c+s ❑ cben snaven ❑ on am ❑ N«» ❑ Nons ❑ sobr � Bladc � &adt � Rec'dinp � &sdt ❑ Birthmark � Siubds � On Chssl � Minor ❑ ArmslHand� � HBO � Indian � &ond � Str�ipht � &own•LL ❑ frecklss � Bs�rE � On Mand � PoWbI� Intsmd � Heed � IMmdnMd � Mexican � 8rown � W�veYIC�A' ❑&own•Med. ❑ Glaaae� � MousLd» � OU�w � APPa�nt Broken Ba�w � IMemal � Akdwl � Whits � Oray �&wrn-Derk � Mdsa � Irrlid � Loa� d Testh � 1e0�lFe�t ❑ On+G� � Unknown � Red/Aubum O Shal � q'n� � Pixced Ear(sl❑ Left Hard�d � N�rtN � � Ssvw� Lanratbn � Nsdt � Unkrowrl � Sudy � Medium � PW � Pockmark � RipM H�rdsd � Numbw � Pwxturs/Stab � Tono Back � Corodp� � WhiU � Lorq � p�Y ❑ ��—godY � OU�w _ ❑ RduN�W� ❑ Gurulwt ❑ Torw F�art � Unmruow� � Miap�niC � SCY—F�cial � OUMf Major tryurY � OOA ` £ ° ' PERSflN NUAIBER," ` �.::< �,.�...x<:. ,..;.�� .�,;,:, .,x�, w: _. . � _ �...�.:��;��.�,� ,�:s.... . ; <�:. .�� :. Ofiense: ❑ 1❑ 2❑ 3 ❑ Victim ❑ Witness Sax: � M St Paul Residant Signatura of �ctirtyGuardian; � Suspsd � Missing Penon ❑ F � Y � N X Name (Last, First, Middle): Address (SVeet, Apt, City, State, Zip): D.O.B.: Age: Horr� Phona: Work Phone: Occupation: Employ�r. If Juvenile - ParenyGuardian Namo: Parent/Guardian Address: Phone: Nickname/AKA: Ganp:� City�Stat� of Oripin: . Height WeighC Build: Cbthing�Additional Description: � Heavy � Medium � Slender Race: Hair. Skin: Identifying Features: Tatoos: Injury Type: Injury Loeation: Condition: o �.� o � o ��, o ,,� a �,. o �, �.�, ❑ �,,� � o N�. o- �,. ❑ �. ❑ �adc ❑ ��dC ❑ RswdMq ❑ 81aok ❑ BiNmark � Sh+bbl� � On Clwsf � Mino► � Artna/Hands � N80 � Indl�n � Bbnd ❑ Str�lpltl ❑ grpwn'�,�, ❑ FrsdclM � Bsard � On H�nd � Po�rlbb InMrrl � Hs�d � M�ImdvlW p� p�, p W.»� p�.�. p�,.. ❑ M�.,.�» p�,.. p��«, �.. p �� ❑� ❑ wWl. � onr ❑ e�own-o.rk ❑ 1Aa.. � �Mnr � L.o�. a r..e� � Lpyr•..e � o,u0. ❑ UrJuwwn � fi�qlAubrn � Shat � OYv� � Pfwnd Earl�l❑ l.�M Hard�d � N� � S�w� L�o�ntlon � N�olt � � tl�+low�wi � S�ndY � Msdun � PW � Podunrk � R1pht Nrd�d � Nunbr � R++o�n�31tl � Torso B�dc CarrilaN o �� o ,�» o � ❑ �,, o � ❑ �.,.. _ o �..,o..� o � � o T� F� o � ' � � . � , _ �.�. Q 5 —06� — ZE , . . �.�.:�€�a � y�:: . .:.. .��.�;.� � � ,� :.... �,.x,�� NL�IBEF�::.: .� �<<�.� � ..:�. �; .�:::. ..�.:� ... , _ ;: <,,y,�. OHense: 1❑ 2❑ 3 ❑ Victim Witness Sex: M SL Paul Re anC Signature of Victim/Guardian: � Suspeet Misaing Person F � Y N )( Name (Le Fr t, id le): Address (Stre t Ci , St , Zip): � � .�a h �C13 ��'a� �vn D �oc�eS�er N1►v �a= D.0.8.: ge: F�m �'one� D � Work Phone: Occupation: Employer. 5« Xb' If Juvenile - ParenyGuardian Name: ParenyGuardian Address: Phone: Nickname/AKA: Gang: City/State of Origin: Height• Weight Build: Clothing/Additional Description: � Heavy � Medium � Slender Race: Hair: Skin: Identifying Features: Tatoos: Injury Type: Injury �ocation: Condition: � Asian � Baltl � Kinky � Nbiro ❑ Acns � Clesn Shaven ❑ O� Arm � No�s � Nons �$ODN �&adc � Bladc � RecroCirq � Black ❑ Birthmark ❑ SNbbls � On Chest � Minor � ArmdM�nds � MBO � Indi�n �&ond � StraipM � Brown-lt. � FreGcles � Beard � On Hand � Possibb Intemal � HsW � InOO�dnMd � Mexican � Brown � Wavsy/Curfy ❑ grewn•Med. ❑ Glasses � Moustachs � Other � Apparent 8roken Ba»s � IMSmaI � A�mlql � Whits � f3ny � Brown-Dark � Mdes � IniUal � loss d Teeth � Leqe/Fsst � Orup� � Unkrawn � R�d/Aubwn � ShoA � Oliv� � Pieroed Eu(s]❑ LsM Hud�d � Nvn� � Ssvxs Lanntion � Nedc � Unkrwwn � � S�ndy � Medlum � PW � Podtmark � RiqM Handed � Numb�r � Puncturs/Shb � Tono B�drt � Coroobu� ❑ 1N►u�e ❑ La+p ❑ Ru00Y ❑ Snr—Body ❑ OVier _ � �+�M�q� � Qunshot � Torao Front � Uncorwda � MlapaniC � Snr—F�oal � Olff�r Ma�or �M�Y � OOA , ; PERSON N�BER = ' � > � _ ,� $. _� > :. ; .. ., ... .: . ; . < .: .. >, :�� ,,. . .. , _ Offense: 1❑ 2❑ 3 ❑ Victim Witness Sex: M St. Paul esidanC Signature of Victim/Guardian: � Suspect Missing Person F � Y �N �( � Name (� s �irst, Middle : r A�ss SUee , A�t.,� � tate, zip� � � � �� O s i f N �� D.O.B.: Age: HO� e P� ne: �� Work Phone: Oxupation: Employer: 5 7 If Juvenile - ParenyGuardian Name: ParenyGuardian Address: Phone: NicknameJAKA: Gang: City/State of Origin: Height: Weight Build: Clothing/Additional Description: " � Heavy � Medium � Slender Race: Hair: Skin: Identifying Featurea: Tatoos: Injury Type: Injury Location: Condition: ❑ Asian ❑ Bald ❑ Kinky ❑ abiro ❑/lcns ❑ Clsan Sh�vsn ❑ On Arm � Nons ❑ Non� ❑ Sob�r � &ack � &adc ❑ Heordinp ❑ &�dc ❑ Birthm�rMc � Stub01� � On Chnt � Mirot � ArmyH�rdt ❑ H80 � Indi�n � Bbnd ❑ SU�iply ❑ grpwn.Ll ❑ Frsdcles � 9wd � On H�nd � pwaibl� IMemal � Head � IMmdo�bd .� Msainn � Brown � W�vsYICuAY ❑ Brown-Med. ❑ Glasass � Mwshd� � Otl+w � APPvsn� 8roken Bonss � Int�rnal � Alaofd � White � Grey �&own•Dvk � Mdes � Initlal � Loss d Testh � Lega/Fssl � Onp� � Unknown � ReqlAubum ❑ Short � Oliw � PixceO Ear�a)� Lelt Hardsd � Nam� � Ssvsrs LeoereUOn � Nedc � Unknown � SanOy � Medium � PW � POdcmerfc � Riphl Mandsd � NumbM � PunCturo/Stab � Torsp BaCk � Comdo�is � Wh1ts � lony � RudO� � Sar—Body � Othsr _ � Pi�lurNa�ipn � Gunshot � Tono FroM � Unowroia � MisPu+K � Scar--Fadal � OUisr Maja �M�Y � DOA _: 3 .� << ,:a•:: PERSON NUl11BER ':; r t ,.. - .: �: '.. . .� .,�;. . �.' r <.:. . ..: . .. �:. ....:. . ' :. . ... .: . `� . . .. °o ... ... .. . . . . . ...,, Offense: 1❑ 2❑ 3 ❑ Victim �tness Sex: M St Paul Rasident• Sipnature of Victim/Guardian: ❑ Suspect ❑ Missing Person F � Y � N )( Namel��. First� �iddle)^ Q r' Ady�re�1SVee �it� Stpte, ZiP : O � � � U G� ,[,..� d T��-J. D.O.B.: Age: Home Phone: Wpt� n �� Occupation: E Isp�er: _ L (O V �ZJI �' �"�z If Juvenile - Parent/Guardian Nams: Parent/Guardian Address: Phone: Nickname/AKA: Gang: City/State of Origin: Height: Weight Build: Clothing/Additional Description: � Heavy � Medium � Slender Race: Hair. Skin: IdentifyinQ Features: Tatoos: Injury Type: Injury Location: Condition: ❑ �� ❑ � ❑ �Y ❑ Nbino ❑ llar ❑ Clwn Sh�wn ❑ On Mn � Nan� � Nar Sobn o � ❑ �.� ❑ � o � o � o �,�. o � a,.� ❑ �. ❑ ,�.�.�. � o,��, ❑� o� o�-u. aF�.. o� o�►,.� ❑ Po..�.�� o H.� o� a M.bwn ❑ BroWn a W.r+Y/�1�' o Brown.MNd. � 3�.u�. � Mau�. � Olh. � �PD� Brown Bone. ❑ �n,.md ❑,1bd�d � WMM � Orap � Brown-O�rk � MoN� � INIW � loa d T�slh � �eqs/Fsrt , � prtq� ❑ Ur�Ww�, ��,Wb�.n � Short � OY�. ❑ PMro�d Er(.�� LMl ►,.nd.d � N.m� � S.N.. l�ar�o�, ❑ Nsdc � lh�ww� � SardY � M�dixn � PW � Podu�aA Fiipfq Mrd�d � Numb�r � Purw4r�/St� � Tarao B�dc � Corrdou� � YVMM � Lonp � Fivapy � Sar—BoOY g Olfw _ ��la� � Ourfwt � Tono FroM � Urmydoi ❑►+uo�^+� ❑ s�.►—F.o.i [� on,. M.b. i�•y ❑ oo� . a -�� . Residential Property: Retail Servu:e: Office/Commercial Commercial � Government/ Pomt/Method of Entry. �� d __�� S � Property: Entertainment Public Property: ❑ prontioH Door ❑ For�ed - �� ❑ Unoccupied ❑ Department/Discpnt Store � ga�k/Credit Union ❑ BaNNightclub/Tavern � Air/Bus/Train Terminal ❑ Rear Door ❑ Not Forced ❑ Dnig Store ��;yi; Indushial ❑ Hotel/Motel/Etc. ❑ Govt./Public Bldg. ❑ Side/Svc. Door ❑ Hid Inside ❑ Sirgle, Owlex Townhome ❑ Groce�y Store/Supem�arket � Cpm�� Yard ❑ RestauraM ❑ Jail/Prison/Detentan ❑ Patio Door � Multi. Apartments ❑ Liqua Store ��nstructbn SiteiShed ❑ Vehicle ❑ Other Public Property ❑ Other poor ❑ Unbcked Do � Garage ❑ Service/Gas Station � Hospltal ❑ Front Window ❑ lock Remov� � Shed/Stor;ge Building ❑ Speciatty Store Religious/EduCational/ Public Dpmain: Rear Window Hole In Ce�lin ❑ OffiCe/CommerCial ❑ ❑ � Yard �Vehicle � pfficeipoctor ReCfeatiOnal: � Fields/WoodsiParks ❑ S�de Window � Porch Parki Lot: Ramp ❑ ChurchiS na H' hwa i ley ❑ ❑ nq y gogueiTemple ❑ 5 Y Street/Road/AI Basement Window � Roominq House ❑ Rental�Storage Facility ❑ Club/Fratemity�Rec. Center ❑ Lake/Waterway ❑ Other Window ❑ Group� Halfwayi Nursing Vefiicle ❑ Other Public Domain ❑ Other Point ❑ ❑ School/CollegeiUniversity Number of � Vehicle ❑ Unknown ❑ Unknown PoiM premises: _ ' • '• • • • Firearms: Edged t bing Inst.: Blunt Instruments: Burglary Instruments: Miscellaneous Instruments: ❑ Handgun . 0 Semi ❑Auto ❑ Axe/Hatchet � Brick/Rock; Missile ❑ Boltcutter ❑ Plastic Strip ❑&ass Knuckles ❑ Motor Vehicles ❑ Rifle ...... Q Semi ❑Auto ❑�ttle/Glass/Etc. � Hammer ❑ Drill ❑ Pliers/Vise Grips ❑ Computer ❑ Poison/Gas ❑ Shotgun . Q Semi ❑Auto ❑ Ice Pick � Other Btunt Inst. ❑ Jimmy/Prybar ❑ Punch/Chisel ❑ Drugs/Narcotics ❑ RopeiBinding Inst. ❑ Firearms, Not Stated � Knife (ClubiBat: Etc.) ��ymmer ❑ Screwdriver ❑ Expbsives ❑ Other ❑ Firearm, Other � Screwdnver ❑ Key ❑ Other Burg. Tool Fire/Incendiary Device � Cutting Instrument, Other Hands/Fist/Feet/Etc. � � • • venicle ❑ Abandoned ❑ Impounded ❑ Stolen �Used in Crime Status: ❑ Damaged in Crime ❑ Recovered ❑ Theft From Vehicle ❑ Other Make: Domestic Foreign Vehicle Type: Vehicle Size: Cobr. Doors: ❑ AMC ❑ Jeep ❑ Audi ❑ Kawasaki ❑Saab ❑ Convertible ❑ Sub-compact ❑ Beige ❑ Gold ❑ Purple ❑ 1 ❑ 3❑ 5 ❑ Buick ❑ Lincoln ❑ BMW ❑ Mazda ❑Subaru ❑ Hard Top ❑ Compact ❑ Black ❑ Green-Lt. ❑ Pink ❑ 2� 4 ❑ CadillaC ❑ Mer-Cur ❑ Datsun ❑ Mercedes ❑Suzuki ❑ Hatchback ❑ Mid-sized ❑ Blue-Lt. ❑ Green-Med. ❑ Red � � ❑ Chevrolet ❑ Mercury ❑ Fiat ❑ MG ❑Toyota ❑ Motorcycle �Full-sized ❑ Blue-Med. Q Green-Dark Q Silver Tr3nsmissiOn: ❑ Chrysler ❑ Oldsmobile ❑ Honda ❑ Mitsubishi ❑Triumph Pickup ❑ Station Wagon ❑ Blue-Dark � Gray ❑ Turquoise � Automatic ❑ Dodge ❑ Plymouth ❑ Hyundai ❑ Nissan ❑Volkswagen �Sedan ❑ &own ❑ Lavender ❑ White ❑ Manual (�Ford ❑ Pontiac ❑ Isuzu ❑ Porsche ❑Vohro ❑ Truck ❑ Other Copper ❑ Maroon Yelbw ❑ ❑ Shift Location: ❑ GMC ❑ Saturn ❑ Jaguar ❑ Renautt ❑Yugo ❑ Van ❑ Cream ❑ Orange ❑ Column ❑ Other ❑ Other ❑ Other � p� � Year Model: Li en e: - St te: Lic. Year. Tab #: Y N C � h � � (a � � C ( � � ❑ ❑ Antenna V.I.N.: Damge Prior to Theft: Identifying Characteristics: ❑❑ Battery ❑ ❑ C.B. Rada ❑ ❑ Doors Locke Owner's Location/Time of Theft Location of Keys: Did Owner Allow Anyone to Use Vehicle: �� ignition Lock� ❑ NO ❑ Yes � � Mobile PFwrw Personal Property in Vehicle: Value of Property: ❑❑ Radb ❑ ❑ saa►e rre Insurance Co.: Theft Coverage: If Leased, Company. ❑❑ Tape P�ayer ❑ Yes ❑ No ❑ ❑ Trunk Locke Lienholder. Amount Owed: Date of Last Payment Mileage: Estimated Value: Owner's Signature: ECC Broadcast: Telerype #: X ❑ Yes ❑ No �• • • Relationship: ❑ Spouse ❑ Relativ�e ❑ Friend (living together) ❑ Other (Check ony 1) ❑ Former Spouse ❑ Shared Child ❑ Friend (famerly living together) � Violation of Court Order. Action Taken: ❑ Arr�est (by officer) ❑ Citation ❑ Yes ❑ No ❑ Arrest (by citizen) ❑ GOA � • , i �• •• •• .� • • • � , � � . � . Bias/Hate Crime? _ n Can Suspect be Identified? ... ,�Yes . �V' P'I ❑ No ❑ Maybe ..... By Whom? ictim ❑ Yes �No { ��" I Witness to the crime? ......... � Yes .❑ No �.1'�� Bias Motivation: Is Stolen Property Traceablel ❑ Yes .`(� No ❑ Police , � Crime Scene Processed? ...... ❑ Yes .'� No � A � � Victim/Suspect Relationship: ❑ Ethnicity/National Origin Photos Taken? . ... . ..... .... ... ❑ Yes . '� No T ❑ �d� Property Tumed In? ........... ❑ Yes . �Nd . � � ❑ Racial Evidence Tumed In? ........,.: ❑ Anayais—Biological ❑ Fr�gerprints �� ❑ Anaysie—Nercotic ❑ ftema to be Printed .. � p�� / ❑ Other Pag� hufiepo►ted C�rne: �_. (3tr�8@t,,Apt-. CitY, State� ZiP): . • F1ort+e Phone: Wbr1c Pfwne: ho Easoorered Gime: ,, l�d�ess RSdsef./�pt:. CitY, Sfa1e. ZiP): Fbme Pho��e: Wbrk Phone: ho Seaaed PrErnises Afte► krc�denC Address (Street, 11pt. G#Y, ��. ZD)� Hotfie Pt�one: Work Phone: �se Q Fite/ExpioeioR Ori¢n/F�e Stated: 1MNat Demage: opertY k�ued: Amoun! d Loe� EaUensfed Y+al�ie: 3ata{ Locs k�auance Comparry. � Yes ❑ No ❑ Yes ❑ Mo .,rance n9ert: CompeF�y �adress Isbeer. cicy, state. zip?: c«„pany Pr�one: •- �• • � �•� • ho Accepted Document: Address fStreet, CitY. State, ZiD). HoR�e Phone: WoAc Phor�e: �n Identify Suspect: Reason DocumeM Rejecbd: Type d Premises: Property/Service Obtained: ❑ Yes ❑ No ❑ Forged ❑ Acd. Cbsed � N.S.F. due: kleMification Used: Check or Rec.�t Number: Date on Document: Amount of Transaction: xamt Holder Name (L, F, M): _ Address (Sheet, Apt., City, State, Zip): Home Phone: Work Phone: .. � .. � escription Ordered: Prescxibing Autt�ority. Prescription Number. Prescription Heading (Doctor's Name): 1 PFane ❑ �n Person ' O Doctors Office ❑ C�inic O tiospita� �thorization (Doctor's Signature): Name 8 Address on RESCripiion (Patient): )Yes ❑No �ascription Status: Who Accepted Prescription: Sus�ec,i ReceiHe Drug: Name of Drug: How Orug Paid For. ❑ Gedit Card ) Originat ❑ Renewal ❑ Yes ❑ No ❑ Cash ❑ Check ❑ Welfare ID •• � •�• �� iwner Item � Quantity Article &and Malel #, Serial #, and/or Description µd�� Date Property Recovered Code . " � , . . pa � _ / •• • •• . . •- • - - -. - . -. �- . .. - . . . . -. - - �-:� - - - •- , � • : �_ - - NARRATIVE Write a complete narrative in chronologicat order. Use individuais names, include descriptions, quotes and anything which may be pertinenL Write Iegi6ly - �.. - ��c - - I� . , !. 1 'i ` � / � � � � � ' s' � / / i �. � �� , . ♦ I � O r� .�� ,Li ' � . , . _i� t . I - � � / � � � � /t� ' � � �� . � - � : � � / � � � / �' � .� - �� i � , � / � .. i �, � ; , . / i_ � � � � � / , ' , /,. �. / �, � '' . � - /' ' �� I_ ,,.. � . '; 1 ,� + � .i � � , - J �� , . � � . : + .. . . � 11 ' . • I �i .�i / � / � � � r�� , .�, � , , �� ,•%� � �, �,, . _/ . � � / / / � � . � � I�� ,�/ � /• I / � y > / i ' � / � � �� ! • _ i� v � � � • � , � i �/ . • ,r ,/ � �� i �� I� � _ � �� j � � � �� ` ; ,, �� . / �� ' i � / , � �� , i ,/,,,,� �� ; , � ; .� � . , , , . .,- !' . � ; � , � • �- � � �� • •�� - • , ' i _ I � r:_- ��; � � � ��1��_ _��la � . � .. _ /'--.. ' � 1� . I�� '�i. -:. � . � � - - : - �, •� i ..- �'i •� � , ' I ,/ � � � / � � r � r 4 � � / �,� I % % � I , .� t / � ' � .'''.ii,�i / � '' � - /' - � . , �J � � / i � � `' � �,� �, . / _ � i / �� /'I/ � � ' �. � � / / � ��. I /f �/ , / / � � � � �_� � � � �/ / � S �' ) � _ � . i � .� �� iJ �i _� � . ' / � � � � ' ' �/ �� ,; � � / / , � �, �, �' � ./ :, /� / � � � ,, �• � ./, J �•� � i � . r ' � � . *, -I �' ` �I , ,� ,� � / . � � � �;� � �, • � ♦� � �� I. ir � �� _ i i J � . � � / � � � i /� i• _� • / ,- � _ � `� ,I � . i //� / / � � , „ � ,� � � I 1 �i ` /� / � / ' , / / % . � , ' � ��i /� � `� �� ,. � � � ii � . �1 i �� ,, � /. / I �,, � . . � �� :� � , i �- �' �� / � � � � � i:. � � i � � �' , �J /�'� •� / � � ,� ' • I , , � . � � _ � � �; ; , / / �� , .' - . � � j . `� . � � / �'' �� / � , � I ��f;ii�/ � % ' � ,� �/� �� . � '/ � 1 � i ,- .� ,, I/ r � i �� / /: i � �/ .' .� .� / � ' / � ' / � . - � ' � , �� ' � / s ,� �� , /•� / , , .�;� ' . ; ,� %�� ' -: %� ' <'' ' / �/' ' `�' / � / � �� % � _ -� � � � � / � � / �"�� , I s� / �� / �I . �� / / / � / � ! � / � / / , �; �� / �- � ` / � l� � ' , � � . � � ` / • ,, / � � � ;I �• � ��i i�� i �, � . �, � � ��,� � / �, � /, , �• �� ' � � /�� .� �� :" � L�' � �� / ,, � . - / - • r, ►�t • • • � •- -•- ■ .�. � - 9 �� /� � �� / �� - - - �•: - I � I ' �.� l '�� 1` �� Ii � / ' � I J I / � ' ; I � � � • � `� � ,,� I � ,� �� , � � � � I � � � � / r a• I I �J�'! ` �• � • � 1 � � / i � , � � • / � � / � -� � I I�' = . � �- , � � � � / �� • �� •.�J ' � -� 1 1� � � �.� • ��• • �- I � �� I ., � I / . /� , : • � /� , / � � • , � , � , • �1I - �.�� I .� .f � / �� / / , , � � : � I � �� I . �� 1 7i,,, � `� ` / • �� /� �' � � � ��I � 1 � . ..i � � _.�.'' �� : '� • � � �� ' � � / � � � ' � i � �..� � - . .�, . � � � i � t a , �� •� � , � � � / I � �, � �� i�� - � i � e 1 / / I � � � / ► � i � �'' i� `, �. - � ' ' 1 I l / � �� ' •` •- • I �� I / '—i / � �� , I � � I - � �� : ' , � , .�. � � � � , ' �1 �� u � • �. I�II .� /� � '' 1 `� � . � � � � , � �l , . � � �, � • � � i I ' � � . i � � �' � � , �� i •' / •�� ' �� / � ��_� i� ; � � • � . , . _ _ . , . . ��-.<<��, � � - - - - : : ._,�� . . . .-.. ■ ■ . . .. . . .-_ . _ . .-., .., .. .: •. .- .. .. . ...•. . . � :��. • ,� ` CONTINUE NAARATIVE HERE � . . � • � ` �`�' � C 1( ` c \ � � ^ o�-o�:a -�� (� � ± r ► . 'v � _ �`� �� ►�.� � c�� %k�.� �,� c� r �� l� c��.�- � � ,� �. �� ' � � . � �� - �-�a- -� v � � � .�� , �- � � `�� `�..� . �ri � a� Q� � o� t�� - ��..� c.�-�� _ � • � i d - d � ��- � � � - - �� . - �. ��-� �� aa �� ` o� � < < 5s,�ajo� iz��,� � � . , �"'P'� � •-�-� +--°'� ST. PAUL POLICE DEPARTMENT - 15"��'7? �„� SUP:�LEMENTAL REPORT ❑ CONTINUATION OF: ❑ ORIGINAL REPORT ❑ SUPPLEMENTAL REPORT Da!e 8� im o� eport: �� ONense/Incident: Team: Time of,�lrr st — � ' 1 Q�i : >>NARRATIVE ;< <: ':! ` ; _ . ;;;> ..,. _.,.::.. _..;. _ . ,: Arrest Number Last Name First Middle Address DOB Age Sex Race On 7-3-95 at 1045 I interviewed Hickes, Michael Shelby of 1171 Lawson (No Phone) at his home. Prior to the interview I introduced myself as a St. Paul Police Investigator and described the case I was investigating. Hickes stated he understood and said he did want to talk to me about the incident. He stated he was the taxi cab driver the women in this incident made the report against. Mr. Hickes stated at the time of this offense he did work for Airport Cab. He said each cab company has a different lease agreement with their drivers. He said with Airport Cab he leased the cab by the week. Hickes said the night of this offense was a Saturday and it was his day off. He said he normally worked six days a week and took Saturdays off, He said he had been at the Payne Reliever Bar from 1800 through 2200 that evening. I asked Hickes what he drank while at the bar? He said he drank Whiskey and Cokes. When I asked him how many drinks he consumed that evening he first told me he had drank 4 drinks. When I questioned that number he revised it to six drinks. When I questioned that number he admitted he had consumed 8 to 10 drinks. He went on to say, "I was drunk! I admit it! I was guilty of that!" Hickes stated he made a mistake by driving the Airport Co. Cab to the bar that evening. He said when off duty he normally drove his own vehicle but his personal vehicle had failed the admissions test and he could not drive it. Hickes stated he was leaving the Payne Reliever and going home in the cab when he met the women named in the police report. He said he had not seen the women in the bar while he was there. He said the Payne Reliever is actually two bars and the women were probably in the bar that had the male strippers. Hickes said he was in the cab at the back (westside) parking lot of the Payne Reliever at Payne and York, driving away, when the women haled him and "piled" into his cab. He said he realized there were a lot of them but he � did not actually know how many of them there were. Hickes told me ? he was aware that it was against the law for a cab driver to accept more that four people as a fare in his cab. He said they piled into his cab and said "Mega Mall". Hickes said he turned on the ,� cab meter and the woman sitting right next to him turned the meter �• off. Hickes said twice more he turned the meter on and•the same woman turned the meter off. He said the woman that turned the � meter off was the woman sitting right next to him in the front seat and she was the woman he is accused of fondling. Hickes said he thought three women got in the frontseat with him and the rest of f the women got in the backseat. Hickes described the woman sitting � next to him as the largest of all the women that got in his cab. He said the women told him it cost them $30.00 to get from the Mega Mall to the Payne Reliever and they offered him $25.00 for the � return tri . He said he a reed to the fee. Assisting Officer: Emp. No.: R rtin Offic : � Emp. No.: � � Report Reviewed By/Unit Comm nder: Emp. No.: .T • �yp : R.O.: Code: a e try: �Yes No � ❑ CHF ❑ Hom ❑ Rob ❑ Juv ❑ Coord ❑ ID ❑ Lab ❑ Rec ❑ Team ❑ Sex ❑ Rptr ❑ Other ❑ D/C ❑ Burg ❑ Theft Q Prop ❑ CAU ❑ F&F 0 Auto ❑ DAO ❑ CO ❑�� p 1 1@ . IC C@ ■ _ d/b/a Michael S. Hickes — City's E�. No. 4 � -� � '' p°�° ',�-;-�—°'—�— ST. PAUL POUCE DEPARTMENT SU�PLEMENTAL REPORT ❑ CONTINUATION OF: ❑ ORIGINAL REPORT ❑ SUPPLEMENTAL REPORT D te Ti e ot Report: ONense/Incident: Team: Time of Arrest: _ s�' �� , > °:NARRATIVE':: _ , ; _ >:_ . . ..... ,.:; _:_. . , :. Arrest Number Last Name First Middle Address DOB Age Sex Race I asked Hickes if he had fondled the breasts of the woman sitting next to him in the cab? He stated he did fondle that woman's breasts. He said he was on the freeway when that occurred and probably 5 to 6 blocks in to the ride when he started to fondle her. He said he touched her breasts over her clothing. Hickes said he did not think the woman minded being fondled as she was hanging her breast right in to him. Hickes said he thought the woman was allowing him to fondle her breasts as a sexual favor for the reduced cab fare he was giving them. He said he also thought the women were very drunk. Hickes admitted that approx. half way in to the trip he did unbutton and unzip the pants of the woman sitting next to him. He said he did put his hand down her pants between her pants and her panties. He said the woman never told him to stop not did any of the other women tell him to stop. I asked Hickes if he had ever let go of the steering wheel of the vehicle and told the girl sitting next to him to drive the car. Hickes said, "Maybe! I don't remember doing that but it sounds like something I would do! If she says it happened, it probably did but I don't remember!" He went on to state that with the vehicle he was driving it was possible to let go of the steering wheel and as long as the vehicle was on a straight road it would continue that way for miles. I asked Hickes if he recalled sitting at stop sign for a long period of time? He said he did not recall that. I asked Hickes what route he drove from the Payne Reliever to where the assault occurred? He said from the Payne Reliever parking lot he turned W/B on York to Edgerton. He said he turned N/B on Edgerton to E. Maryland. He said he turned W/B on E. Maryland to S/B 35E. He said he continued on 35E to W/B W. 7th St, to the � Total Gas Station on W. 7th St. ? Hickes stated as he approached Davern Av. on W. 7th St. the women � noticed he was almost out of gas. He said he pulled in to the �� Total Gas Station. Hickes said prior to pulling in to the Total � Gas Station he and the women had argued about money. He said the women had agreed to give him $3.00 for gas and to tip him more when they arrived at the Mega Mall. Hickes said when he pulled in to ✓� the Total Gas Station there was a man and at least two women �� standing outside. He said he thought he recalled they all had Total Gas Station uniforms on. He said the man told him the gas pumps were out of order. Hickes said he told the women he could � not continue the trip and told them he wanted them out of his cab. He said they got out of the car but told him they wanted their mone back. He said when he refused to give them the'r money back Assisting Officer: � Emp. No.: Re rtin Pffice . Emp. No : < < Report Reviewed ByNnit Command r: Emp. No.: O.T.: T�is R.O.: Code: ' Name ntry: � Yes No ❑ CHF ❑ Hom ❑ Rob ❑ Juv ❑ Coord ❑ ID ❑ Lab ❑ Rec ❑ Team ❑ Sex ❑ Rptr ❑ Other ❑ D/C ❑ Burg ❑ Theft ❑ Prop ❑ CAU ❑ F8F Q Auto ❑ DAO ❑ CO ❑ HumServ � T yPe PM 622-93R � � /� v ' ° a�° °' — ST. PAUL POLICE DEPARTMENT "IS"�� Sl1R�LEMENTAL REPORT ❑ CONTINUATION OF: ❑ ORIGINAL REPORT ❑ SUPPLEMENTA REPORT D•e.8� Ti e oi Report: OHense/incident: Team: Time of Qrre : r1 _ —�'N �'�' —'' � �v < , ; : ; > NARRATiVE :: _ _ ,: , . ;: . . >: . > ; . , Arrest Number Last Name First Middte Address DOB Age Sex Race they began stealing his personal property from inside the cab. He showed me a coffee mug in his livingroom that he said was one of the items they tried to steal from him. Hickes said the woman that tried to take his coffee mug was the woman he assaulted. He said as that woman was walking away from him he grabbed her from behind by her right shoulder. He said he may also have caught her dress as he grabbed her and he may have knocked her to the ground. `He said when that occurred the woman that had been sitting next to him in the cab tackled him from behind. He said he went down hard on the pavement. He said once he was on the pavement she sat on him. As Hickes told me this he laughed and stated that she was real big and possibly weighed 200 #'s. He said the other women were well proportioned but the one that tacked him was like a"She Male". He said after the woman sat on him she "beat the shit out of him". He said she grabbed him by the hair and beat his head against the pavement approx. 5 times. Hickes said another woman jumped on his legs and pinned them to the ground. He thought the other women may have kicked him a few times as he was pinned to the ground. He said they were a"swarm of angry girls." Hickes said none of the other people standing around would help him. He said he could not get up. He said the big woman had his right hand in a grip with her hand that he could not break. Hickes said his arms are strong and he could not break her grasp on his arm. Hickes said eventually the women had mercy on him and let him get up. He said he could not breathe because the big woman was sitting on his chest and some of the other women asked her to let him up. Hickes said the big woman tried to get the keys out of the ignition of his cab because they had figured out by then that he had been drinking. He said they had his cab number and the license number of his cab. He said he had both sets of the vehicle keys in his pocket and he managed to jump in to the cab, lock the doors and roll up most of the windows of the vehicle. He said one rear window was still partially rolled down. He said as he drove away � the big woman tried to reach through the partially open window but ? he was able to drive away and escape the scene. � Hickes denied he had a bottle of alcohol in the car or drink �! glasses. � � Hickes stated he is currently driving for Yellow Cab. He said he had not received a notice of a hearing to be held by the St. Paul � License Div. regarding his cab license. I informed him that the hearing was set for August 9, 1995 and instructed him to call the � City Attorney's Office. Assisting Officer: � Emp. No.: Re in icer' Em No : t ` Report Reviewed ByNnit Comm , nde . Emp. No.: O.T.: T pist. R.O.: e: Name ntry: � Yes No ❑ CHF ❑ Hom ❑ Rob ❑ Juv ❑ Coord ❑ ID ❑ Lab ❑ Rec ❑ Team ❑ Sex ❑ Rptr ❑ Other ❑ D/C ❑ Burg ❑ Theft Q Prop ❑ CAU ❑ F&F ❑ Auto ❑ DAO ❑ CO ❑ HumServ � T Ype PM 622-93R •. Page �� ot �_ ST. PAUL POLICE DEPARTMENT �� '� 7 �SI�PPLEMENTAL REPORT ❑ CONTINUATION OF: ❑ ORIGINAL REPORT ❑ SUPPLEMENTAL REPORT ' Date & Time of Report: Offense/Incident: Team: Time of Arre : C � ' �i� `` t' �a > ; ' .NARRATIVE`; ' _ : ; :,: , :: . .: _:.: _.. ,...... � .. 9 Arrest Number Last Name First Middle Address DOB A e Sex Race On 6-7-95 at 1125 I spoke by phone to Mr. Craig Hartog, a supervisor for Airport Taxi (222-0000). He said he knew little of this incident. He said he had heard about it and questioned former Airport Taxi driver, Mike Hickes, about the incident the Monday or Tuesday following the incident. He said all Hickes told him was that nine women piled into his cab and said they wanted to go to the Mega Mall. � Mr. Hartog said Hickes was let go by Airport Taxi approx. two weeks prior to our conversation. He said Hickes was let go partially due to this incident and partially because of other problems he did not describe. Mr. Hartog stated that Hickes was not the type of person they wanted working for Airport Taxi. Mr. Hartog told me he had received a call from Mr. Troy Gilbertson of the St. Paul Licensing Div. regarding Hickes. � z ,1 �1 Assisting Ofticer. � Emp. No.: Re rtin ice� � Em .�0.: � �� RepoR Reviewed ByNnit Comman er: Emp. No.: O.T.: R.O.: Code: Name Entry: � Yes No ❑ CHF ❑ Hom ❑ Rob ❑ Juv ❑ Coord ❑ ID ❑ Lab ❑ Rec ❑ Team ❑ Sex ❑ Rptr ❑ Other ❑ D/C ❑ Burg ❑ Theft ❑ Prop ❑ CAU ❑ F8F ❑ Auto ❑ DAO ❑ CO ❑ HumServ � T PM 622-93R ', Pa� - o� � ST. PAUL POLICE DFPARTMENT V t ,5 � I � SUPPLEMENTAL REPORT ❑ CONTINUATION OF: ❑ ORIGINAL REPORT ❑ SUPPLEMENTAL REPORT Da & Time oi Rep rt: Offense/I�dent: Team• Time of Arre : _:. `.... ...., : <NA. RRATIVE ;:.,:. :> . ,.; ... . . :: .. . . : ,.; Arrest Number Last Name First Middle Address DOB Age Sex Race On 6-7-95 at 1230 I spoke with Mr. Troy Gilbertson of the St. Paul City Licensing Div. He told me that Mr. Hickes the St. Paul City Attorney's Office had made inquiries regarding Mr. Hickes. On 6-7-95 I spoke with Mr. Phil Burne of the St. Paul City Attorney's Office. He told me the St. Paul City Attorney's Office was in the process of revoking Mr. Hickes license to operate a taxi cab in St. Paul due to complaints against him. � z h � �� r, v� � Assisting Officer: Emp. No.: Re Rin ic : �°•� l �, Report Reviewed ByNnit Command : Emp. No.: O.T.: T' R.O.: Code: Name Entry: � Ye No ❑ CHF ❑ Hom ❑ Rob ❑ Juv ❑ Coord ❑ ID ❑ Lab ❑ Rec � Team ❑ Sex ❑ Rptr ❑ Other ❑ D/C ❑ Burg ❑ Theft � Prop ❑ CAU ❑ F8F ❑ Auto ❑ DAO ❑ CO ❑ HumServ � T PM 622-93R q5•1�� 7 .,_ . , �� .; .�. � �. � ..�: �. � �' �� , � `..� � � �� 1 �, � :.. �- �� 4 �'� f r, �' � �� 4� .. ..._.�. ,�.` . ■ _ d/b/a Michael S. Hickes City's Exh. No. � — � � � / � ' ' i � � � I / � � : ��/ � � �� / ' " - L . �" < ' � ' : �� ' � / .. , : � � ; � , �� , �_ , � , � ,- i � , / /� � � � � � { � /` � / .,.,+ _ !� � % i ..-',� ,��j , / / / :� � :i' �� / �� , / � , / / � � r ..- / / � _ � / � �, � � � .� � . / �i � ; � /� � . ..;. / i- � i% � i � �� i ," i . / � , ,�, /� �� /! / i / i � � �� , / / � , _ � I � ` / � � � � � � � � � : � � � � � ��-�� STATE OF MINNESOTA ; �� '•. OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South •• . Minneapolis, Minnesota 55401-2138 CQ1ii�C� �'�`?��'?��,�i �� S�,� 13 1995 September 1, 1995 .� _ ___ ___ _ ..��, Fred Owusu RECEIVED City Clerk SEP 5 �g95 170 City Hall 15 W. Kellogg Blvd. ��TY CLERK St. Paul, MN 55102 Re: In the Matter of the Licenses Held By Michael S. Hicks for Taxicab License Driver; OAH Docket No. 60-2101-9865-3 Dear Mr. Owusu: On August 30, 1995, Administrative Law Judge Harrigan served the Findings of Fact, Conclusions of Law and Recommendation in the above-entitled matter. Enclosed is the official record. A copy of the tape recording will follow. Our file in this matter is now being closed. . Very truly yours, /�,, __ �l ` %�/�/ /G��v� n -�7 Nancy M � Thomas Docket Cierk Telephone: 612/341-7615 NT Enc. Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 • Fax No. (612) 349-2665 �-1�� STATE OF MINNESOTA ) ) ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF HENNEPIN ) Luann Skrivseth, of the City of Minneapolis, County of Hennepin, in the State of Minnesota, being duly sworn, says that on the 30th day of August, 1995, she served the annexed FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION on Michael S. Hickes by mailing to said person a copy thereof, enclosed in an envelope, postage prepaid, and by depositing same in the post office at Minneapolis, Minnesota, directed to him at 1 171 East Lawson Avenue, St. Paul, Minnesota 55106, the last known address of said person. Subscr'bed and swor to before me this, th day of Au ust, 19�5. f" � f ;! Notary Public ; ' ; i' / JOFIN W. RK3AN NOfARY /UBUC • ML�ESOTA wca�w.we�rs��,�000 l�Ar.7'ARA�i .W !�'�?OL �''`� t;w'.:,'��F.�•:�..;.'SYr:��i �1 s u'�.S .i t*sl �tt�;�: ',:r.3:,• a:� aJ yU � Q ��1 STATE OF MINNESOTA ) ) ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF HENNEPIN ) Luann Skrivseth, of the City of Minneapolis, County of Hennepin, in the State of Minnesota, being duly sworn, says that on the 30th day of August, 1995, she served the annexed FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION on Janet A. Reiter, Assistant City Attorney, by mailing to said person a copy thereof, enclosed in an envelope, postage prepaid, and by depositing same in the post office at Minneapolis, Minnesota, directed to her at 400 City Hall, 15 W. Kellogg Boulevard, St. Paul, Minnesota 55102, the last known address of said person. i �� Subscribed and sworn to before me this 3�h day of Aug st, 1995. ;�-- ,� �� ,�. � otary Public �` � JOHN W. HARRIC�W WOTARY PUBUC - NIq�NE80TA M� CMralpb� 60YN,In31.3000 i `{S�R�'.4:. .. , . � �'` c l `�.�.;.: . , : 7 y ' , '� i :� �? �'`� .�d� = � � �. ,. t -;' � : , �K a 1Ok�'�' . . . . .-�t.•+`�t � � � QS -� 1�� 7 �-' LICENSES § 310.01 . , .- � SUBTITLE A. IN GENER.AL Class 1 licenses means those licenses which can be approved and issued or denied by the director, subject to the procedures required by these chap- Chapter 310. Uniform License Procednres ters. The following licenses are so classified, and the numbers shown opposite them correspond to Sec. 310.01. Definitions. the chapters in the Legislative Code pertaining to each license: For the purposes of this chapter, any chapter of the Legislative Code pertaining to licenses as here- Legislative inafter mentioned, and subsequently enacted or- Code dinances establishing or relating to the require- Class I Licenses Chapter ments for Class I, Class II and Class III licenses under authority of the City of Saint Paul, the Automobile R,epair Garage and 315 terms defined in this section shall have the mean- Body Shop ings ascribed to them: Animal Foods Manufacturing 316 and Distributing Aduerse action means the revocation or suspen- Amusement Rides 31? sion of a license, the imposition of conditions upon Mechanical Amusement Devices 318 . a license, the denial of an application for the grant, Bill Posters 319 issuance, renewal or transfer of a license, the im- Bituminous Contractors 320 position of a fine, the assessment of the costs of a Boarding and Roominghouses; 321 contested hearing, and any other disciplinary or pormitories unfavorable action taken with respect to a li- Bowling Alleys; Pool Halls 322 cense, licensee or applicant for a license. Adverse Christmas Tree Sales 323 action includes any of the foregoing directed at Cigarettes 324 one (1) or more licenses held by a licensee at any Close-Out Sales 325 location in the City of Saint Paul. Adverse action Building Contractors 326 also includes disapproval of licenses issued by the Dry Cleaning and Dry Dyeing 327 State o£ Minnesota under statutory provisions Plants; Laundries which permit the governing body to disapprove Electrical and Appliance Repair 328 the issuance of the license. Fire Alarm—Telephone Devices; 329 Apparatus Installers Bond means a bond meeting the requirements Florists 330 of section 3i0.07 and indemnifying the City of Food License 331 Saint Paul against all claims, judgments or suits Fuel Dealers—Liquid Fuel 332 caused by, resulting from or in connection with Fuel Dealers—Solid Fuel 333 any licensed business, activity, premises, thing, Fumigating—Pest Control 334 facility, occurrence or otherwise under these chap- Gasoiine Filling Stations 335 ters. Private Fuel Pumps 336 Building of/"icial means the o�cial in the office Hardware Stores � 337 of license, inspections and environmental protec- House Sewer Contractors 338 tion charged with the responsibility of enforce- Ice Cream Processing and Dis- 339 ment of the building code. tributing Mercantile Broker 340 Chapters and these chapters shall mean this Uni- Milk 341 form License Ordinance, any chapter of the Leg- Oil—Bulk Storage 342 islative Code pertaining to licenses as hereinafter ppticians 343 mentioned, and subsequently enacted ordinances pawn Shops 344 establishing or relating to the requirements for Peddlers 345 - Class I, Class II and Class III licenses under au- Soliciting 346 - thority of the City of Saint Paul. ., � . Supp. No. 26 2027 § 310.01 LEGISLATIVE CODE ,-. _ Legislative Legisl¢tive Code Class II Licenses Code Class 1 Licenses Ch.apter City Gambling Permit Section 402.06 Pet Shops 347 Soliciting Funds—Tag Chapter 391 Radio and Television Repairs 348 Days Rental of Clothing 349 Temporary On-Sale Beer Section 410.10 Rental of Hospital Equipment 350 Temporary Wine and Li- Section 409.25 Rental of Kitchenware 351 quor Rental of Trailers 352 Class lil licenses means those licenses which Roller Rinks 353 can be approved or denied only by the council, Sanitary Disposal 354 subject to the procedures required by these chap- Secondhand Dealers 355 ters. The following licenses are so classified, and Sidewalk Contractors 356 the numbers shown opposite them correspond to Solid Waste 357 the chapters in the Legislative Code pertaining to Sign and Billboazd Construction 358 each license: Sound Trucks and Broadcasting 359 Vehicles Legislative � Public Swimming Pools 360 Code Tow Trucks—Service Vehicles 361 Class III Licenses Chapter Tree Trimming 362 Vending Machines 363 Auctioneers 400 Veterinary Hospital 364 Motor Vehicle and Parts Dealer 401 Window Cleaning 365 Bingo 402 Block Parties 366 Bingo Halls 403 Tattoo Parlors 367 Private Clubs 404 Wrecking of Buildings 368 Dance Halls 405 Building Trades Business Li- 369 Game Rooms 406 censes Hotel 407 Building Trades Certificates of 370 Junk Salvage and Scrap 408 Competency Intoxicating Liquor 409 Finishing Shop 371 Nonintoxicating Liquor 410 Tire Recapping Plants 372 Entertainment 411 Transient Merchants 373 Conversation Parlors 413 Therapeutic Massage Center 412 Motion Picture Theatres 415 Therapeutic Massage Practi- 414 Motion Picture Drive-In The- 416 tioner atres Parking Lots 417 Class II licenses means those licenses which Taxicabs 376 must be approved or denied by the director, sub- Gambling License 419` ject to the procedures required by these chapters. Director means the director of the office of li- The following licenses are so classified, and the cense, inspections and environmental protection, numbers shown opposite them correspond to the unless otherwise defined in the specific chapter, chapters in the Legislative Code pertaining to each section or subdivision referred to. license: Division means the office of license, inspections Legislative �d environmental protection as the successor to Class II Licenses Code the former division. Auctioneers—Short Term Chapter 390 �'ee means and includes both the license fee and License application fee unless otherwise provided. ' , Supp. No. 26 2028 � � �IS-11�7 /�'°�,,� LICENSES § 310.02 Inspector as used in these chapters means the personal, situated within the City of Saint Paul director of the office of license, inspections and and used in connection with the business oper- environmental protection or his or her designee. ated under said license. License means and includes all licenses and per- Notwithstanding the previous paragraph, the mits provided for or covered by these chapters. council, the director or the inspector may issue, License also includes licenses issued by the State renew or transfer a license if it is found that: of Minnesota under statutory provisions which permit the governing body to disapprove the issu- (1) The applicant has made an agreement sat- ance of such licenses, for the purposes of making isfactory to the Ramsey County attorney to procedures in Chapter 310 of the Legislative Code pay delinquent taxes in periodic install- applicable to the approval or disapproval of such ments; licenses. (2) The applicant has properly commenced a Person means and includes any person, firm, proceeding to contest the amount of tax due corporation, partnership, company, organization, or the valuation of his property, and has agency, club or any group or association thereof. made all partial payments required by law It shall also include any executor, administrator, in connection with such proceeding; or . trustee, receiver or other representative appointed (3) The business property with respect to which by law. taxes are delinquent is not owned by the Zoning administrator means the official charged applicant, but by a lessor, and it would be with responsibility for enforcement of the zoning �equitable to require the lessee to pay such taxes. code. (Code 1956, § 510.01; Ord. No. 17303, § 3, 10- If a license is issued, renewed or transferred be- 29-85; Ord. No. 17569, § 1, 6-7-88; Ord. No.17919, �use of the existence of an agreement as de- § 1, 3-31-92; C.F. No. 93-1645, § 8, 12-30-93; C.F. scribed in subsection (1) above, the license may be No. 94-46, § 6, 2-2-94; C.F. No. 94-500, § 2, 7-6-94; revoked if the licensee defaults upon such agree- C.F. No. 94-898, § 1, 7-13-94) ment. Sec. 310.02. Application. (c) Additional information. The inspector shall prescribe the information required to be submitted (a) Form. All applicants for licenses or permits by each applicant in his application, in addition to issued pursuant to these chapters shall make both that required by specific sections in these chap- original and renewal applications to the inspector ters, as may be necessary to carry out and enforce on such forms as are provided by the division. any provision hereunder. He shall require in every Such applications shall not be received by the in- case the applicant to submit his name; business or spector until completely filled out, accompanied corporate name; names of partners, officers, direc- by all fees, insurance policies, bonds, deposits, tors, shareholders or trustees involved in the busi- sureties, and indemnifications or certificates re- ness; age; address; description or biueprint of the quired by these chapters, together with the certi- premises, if any; and the owner thereof, and loca- �cation required in paragraph (b) below. tions and addresses of other business locations in (b) Taxes. No person shall be granted a license, Minnesota. a renewal of a license or transfer of a license re- (d) No reapplication within one (1) year after de- quired by the Saint Paul Legislative Code unless, nial or revocation. No person may apply for any prior to and in addition to any other require- license within one (1) yeaz of the denial or revo- ments, rules or ordinances heretofore or hereafter cation of the same or similar license by the city required, the Ramsey County Department of Prop- council, if such denial or revocation was based erty Taxation cert�es that said applicant has paid solely or partially upon misconduct or un�tness of any and all taxes, real or personal, before said the applicant, evidence of violations of law in- ;.. � taxes become delinquent, on any property, real or volving licensed premises, evidence that the ap- .__ .� Supp. No. 26 2029 § 310.02 LEGISLATIVE CODE - plicant had been involved in the operation of a Signatures withdrawn or obtained by fraud or du- nuisance, or fraud or deception in the license ap- ress shall not be counted in determining the suf- plication. Denial of a license, as used in this para- �ciency of the petition. This subdivision shall graph, shall include a refusal of permission to apply in any case where the applicant for a li- transfer a license to the applicant. A license is cense or license transfer must present a state- "similar," within the meaning of this paragraph, ment in writing signed by a specified number or if the basis upon which the revocation or denial of percentage of persons that they have given their the original license was made would have been a consent to the grant of the license or license relevant basis on which to deny or revoke a li- transfer. cense of the type subsequently applied for. (Code 1956, § 510.02) (e) Reapplication ¢fter denial; "interest" of ap- Sec. 310.03. Investigation and review of new plicant in revoked license. An application by a person having an interest in, or whose share- $pplications, etc. holders or officers have an interest in, any prem- The inspector shall determine the sufficiency ises or enterprise whose license has been revoked and accuracy of each new application and obtain or to which a license has been denied shall be such criminal history information as may be used treated as an application by the person whose li- under Minnesota Statutes, Chapter 364, and is � cense was denied or revoked. The term "interest," otherwise available by law. The inspector shall as used in this paragraph, includes any pecuniary make reasonable and appropriate investigation of interest in the ownership, operation, management the premises or personal property, vehicles or fa- or profits of an establishment, but does not in- cilities, as may be involved in or related to the clude: bona fide loans; bona fide rental agree- licensed activity, and shall request, where appro- ments; bona fide open accounts or other obliga- p�ate, the assistance of other city divisions or tions held with or without security arising out of departments in making additional investigations the ordinary and regular course of business of for the purpose of determining whether the appli- selling or leasing merchandise, fixtures or sup- �t is or will be in compliance with all applicable plies to such establishment; an interest in a cor- ordinances and statutes. The approval of such poration owning or operating a hotel but having other divisions or departments is not required for at least one hundred fifty (150) or more rental issuance of a license unless otherwise required by units holding a license in conjunction therewith; specific sections in these chapters. All new appli- or ten (10) percent or less interest in any other �tions shall be reviewed by the zoning adminis- corporation holding a license. trator or his designee for compliance with all re- quirements of the Saint Paul Zoning Code, and no (fl Prohibition on reapplication; exception. The new license shall be granted without full compli- prohibition on reapplication herein provided shall ance with said requirements. All new applica- not apply in cases where it is othervvise expressly tions involving a premises, location, building or provided by statute or ordinance. structure shall be referred to the director of the (g) Waiting period after filing of petition. Any department of fire and safety services and to, the petition required to be filed with the application building official for investigation and recommen- for any license shall not be considered as officially dation. filed and irrevocable until seven (7) worl�ng days �Code 1956, § 510.03; Ord. No. 17361, § 1, 6-5-86) after a petition is received in the inspector's of- Sec. 310.04. Levels of approval; recommen- fice. During the seven-day waiting period, any sig- dations. nator of any petition may withdraw his name therefrom by written request, and such request (a) Class I licenses. Where an application for shall be appended to the subject petition and made the grant, issuance, renewal or transfer of a Class a part thereo£ After the seven-day waiting pe- I license meets all the requirements of law, and riod, signatures may not be withdrawn unless it there exists no ground for denial, revocation, or is shown they were obtained by fraud or duress. suspension of, or the imposition of conditions upon, Supp. No. 26 2030 . . ° � , t�� LICENSES � 310.04 ��., . _ a - such license, the director shall grant, issue, renew hood organization(s) established for citizen or transfer said license in accordance with the participation purposes, at least sigty (60) application. days before the expiration date of all Class III licenses. A public hearing on the renew- (b) Class II licenses. Where an application for al of any such license shall not be held ex- the grant, issuance, renewal or transfer of a Class cept on the request of a councilmember, II license meets all the requirements of law, and which request shall be incorporated in the there exists no ground for denial, revocation or form of a council resolution. Upon the pas- suspension of, or the imposition of conditions upon, sage of such resolution, the director shall such license, the director shall grant, issue, renew give written notice of such hearing to the or transfer said license in accordance with the affected neighborhood organizations. Such application. public hearing does not replace or amend any of the procedures set forth in section (c) Class I and Class II licenses, if denied by 310.05 of the Legislative Code. If no re- director. In the event the director, in the case of quest for a public hearing is made before both Class I and Class II licenses, determines that the expiration of any such license, and the application for grant, issuance, renewal or where there exists no ground for adverse transfer of the license does not meet all the re- action, the council shall by resolution di- quirements of law or that there exist grounds for rect that the director issue the license in denial, revocation, suspension or other adverse ac- accordance with law. tion against the license or the licensee, the direc- tor shall recommend denial of the application and �e) Appeal; Class I or Class II licenses. An ap- follow the procedures for notice and hearing as set �� t° the city council may be taken by any per- forth in section 310.05. son aggrieved by the grant, issuance, renewal or transfer of a Class I or Clasa II license; provided, (d) Class III licenses. however, that the appeal shall have been filed with (1) Grant, issuance or transfer. Upon receipt of the city clerk within thirty (30) days after the a fully completed application and required a�on by the director. The only grounds for ap- fees for a Class III license, and after the �� shall be that there has been an error of law in the grant, issuance, renewal or transfer of the li- investigation required, the director shall no- cense. The appeal shall be in writing and shall set tify the council. A public hearing shall be forth in particular the alleged errors of law The held on the grant, issuance or transfer of �� shall conduct a hearing on the appeal with- all Class III licenses. In any case where the in thirty (30) days of the date of filing and shall director recommends denial of the grant, notify the licensee and the appellant at least ten issuance, renewal or transfer of a Class III (10) days prior to the hearing date. The proce- license, or where the council believes that dures set forth in section 310.05, insofaz as is prac- there is evidence which might result in ac- ticable, shall apply to this hearing. Following the tion adverse to the original or renewal ap- hearing, the council may affirm or remand the plication, the director on his or her own ini- matter to the inspector or director, or may reverse tiative, or at the direction of the council, or place conditions upon the license based on the shall follow the procedures for notice and council's determination that the � decision was hearing as set forth in section 310.05. Where based on an error of law. The filing of an appeal the application for the grant, issuance, re- shall not stay the issuance of the license. newal or transfer of a Class III license meets all the requirements of law, and where there �fl No waiuer by renewal. The renewal of any exists no ground for adverse action, the license, whether Class I, II or III, shall not be council shall by resolution direct that the deemed to be a waiver of any past violations or of director issue such license in accordance any grounds for imposition of adverse action with law. against such license. (Code 1956, § 510.04; Ord. No.17455, § 1, 5-21-87; _- (2) Renewal. The director shall in writing no- Ord. No. 17551, § 1, 419-88; C.F. No. 94-500, § 1, -. � tify the council, and the affected neighbor- 7-6-94) ; �• � Supp. No. 27 2031 § 310.05 LEGISLATIVE CODE , 8ec. 310.05. Hearing procedures. licensee, and shall present to the council written �� (a) Adverse action; notice and hearing require- findings of fact and conclusions of law, together ments. In any case where the council may or in- with a recommendation for adverse action. tends to consider any adverse action, including The council shall consider the evidence con- the revocation or suspension of a license, the im- tained in the record, the hearing egaminer's rec- position of conditions upon a license, or the denial �mmended findings of fact and conclusions, and of an application for the grant, issuance, renewal shall not consider any factual testimony not pre- or transfer of a license, or the disapproval of a �ously submitted to and considered by the hear- ing examiner. After receipt of the hearing esam- license issued by the State of Minnesota, the ap- � �� nclusions, and recommendations, plicant or licensee shall be given notice and an the council shall provide the applicant or licensee opportunity to be heard as provided herein. The � appo�unity to present oral or written azgu- council may consider such adverse actions when ments alleging error on the part of the esaminer recommended by the inspector, by the director, by in the application of the law or interpretation of the director of any executive department estab- the facts, and to present argument related to the lished pursuant to Chapter 9 of the Charter, by recommended adverse action. Upon conclusion of the city attomey or on its own initiative. that hearing, and after considering the record, the (b) Notice. In each such case where adverse ac- examiner's findings and recommendations, togeth- tion is or will be considered by the council, the er with such additional arguments presented at applicant or licensee shall have been notified in the hearing, the council shall determine what, if writing that adverse action may be taken against �y� adverse action shall be taken, which action the license or application, and that he or she is ghall be by resolution. The council may accept, reject or modify the findings, conclusions and rec- entitled to a hearing before action is taken by the ommendations of the hearing egaminer. council. The notice shall be served or mailed a reasonable time before the hearing date, and shall (c-2) Ex parte contacts. If a license matter has state the place, date and time of the hearing. The been scheduled for an adverse hearing, council notice shall state the issues involved or grounds members shall not discuss the license matter with upon which the adverse action may be sought or each other or with any of the parties or interested based. The council may request that such written Persons involved in the matter unless such dis- notice be prepared and served or mailed by the cussion occurs on the record during the hearings inspector or by the city attorney. of the matter or during the council's final deliber- ations of the matter. No interested person shall, (c) Hearing. Where there is no dispute as to the with knowledge that a license matter has been facts underlying the violation or as to the facts scheduled for adverse hearing, convey or attempt establishing mitigating or aggravating circum- to convey, orally or in writing, any information, stances, the hearing shall be held before the coun- argument or opinion about the matter, or any is- cil. Otherwise the hearing shall be conducted be- sue in the matter, to a council member or his or fore a hearing examiner appointed by the council her staff until the council has taken final action or retained by contract with the city for that pur- on the matter; provided, however, that nothi.ng pose. The applicant or the licensee shall be pro- herein shall prevent an inquiry or communica- vided an opportuaity to present evidence and ar- tions regarding status, scheduling or procedures gument as well as meet adverse testimony or concerning a license matter. An interested person, evidence by reasonable cross-egamination and re- for the purpose of this paragraph, shall mean and buttal evidence. The hearing esaminer may in its include a person who is an officer or employee of discretion permit other interested persons the op- the licensee which is the subject of the scheduled portunity to present testimony or evidence or oth- adverse hearing, or a person who has a financial erwise participate in such hearing, interest in such licensee. (c-1) P�+ncedure; hearing examiner. The hearing (d) Licensee or applicant may be represented. examiner shall hear all evidence as may be pre- The licensee or applicant may represent himself sented on behalf of the city and the applicant or or choose to be represented by another. Supp. No. 27 2032 � � �l5-t�'7'7 LICENSES § 310.05 /'-'�, �: � (e) Record; evidence. The hearing examiner (j) If the council imposes an adverse action as shall receive and keep a record of such proceed- defined in section 310.01 above, a generic notice of ings, including testimony and exhibits, and shall such action shall be prepared by the license in- receive and give weight to evidence, including spector and posted by the licensee so as to be vis- hearsay evidence, which possesses probative val- ible to the public duri.ng the effective period of the ue commonly accepted by reasonable and prudent adverse action. The licensee shall be responsible persons in the conduct of their affairs. for taking reasonable steps to make sure the na tice remains posted on the front door of the li- (fl Council action, resolution to contain �ind- censed premises, and failure to take such reason- ings. Where the council takes adverse action with respect to a license, licensee or applicant for a able precautions may be grounds for further adverse action. license, the resolution by which such action is tak- en shall contain its findings and determination, (k) Imposition of costs. The council may impose including the imposition of conditions, if any. The upon any licensee or license applicant some or all council may adopt all or part of the findings, con- of the costs of a contested hearing before an inde- clusions and recommendations of the hearing ex- Pendent hearing e$aminer. The costs of a contest- aminer, and incorporate the same in its resolution ed hearing include, but are not limited to, the cost taking the adverse action. of the administrative law judge or independent hearing egaminer, stenographic and recording (g) Additional procedures where required. �� p � city staff and attomey time Where the provisions of any statute or ordinance for which adequate records have been kept, rental require additional notice or heari.ng procedures, of rooms and equipment necessary for the hear- such provisions shall be complied with and shall �g, �d the cost of egpert witnesses. The council supersede inconsistent provisions of these chap- may impose all or part of such costs in any given ters. This shall include, without limitation by rea- case if (i) the position, claim or defense of the son of this specific reference, Minnesota Statutes, licensee or applicant was frivolous, arbitrary or Chapter 364 and Minnesota Statutes, Section capricious, made in bad faith, or made for the pur- 340A415. pose of delay or harassment; (u) the nature of the (h) Discretion to hear notwithstanding with- �olation was serious, or involved violence or the threat of violence by the licensee or employees drawal or surrender of application or license. The thereof, or involved the sale of drugs by the lic- council may, at its discretion, conduct a hearing or ensee or employees thereof, and/or the circum- direct that a hearing be held regarding revocation stances under which the violation occurred were or denial of a license, notwithstanding that the aggravated and serious; (ui) the violation created applicant or licensee has attempted or purported a$erious danger to the public health, safety or to withdraw or surrender said license or applica- welfare; (iv) the violation involved unreasonable tion, if the attempted withdrawal or surrender risk of harm to vulnerable persons, or to persons took place after the applicant or licensee had been for whose safety the licensee or applicant is or notified of the hearing and potential adverse ac- was responsible; (v) the applica.nt or licensee was tion. sufficientl y in control of the situation and there- (i) Continuances. Where a hearing for the pur- fore could have reasonably avoided the violation, pose of considering revocation or suspension of a such as but not limited to, the nonpayment of a license or other disciplinary action involving a li- required fee or the failure to renew required in- cense has been scheduled before the council, a $�'�� Policies; (vi) the violation is covered by continuation of the hearing may be granted by the the matrix in section 4Q9.26 of the Legislative council president or by the council at the request Code; or (vii) the violation involved the sale of of the licensee, license applicant, an interested cigarettes to a minor. person or an attorney representing the foregoing, (1) Imposition of fines. The council may impose upon a showing of good cause by the party making a fine upon any licensee or license applicant as an - ' the request. adverse license action. A fine may be in such Supp. No. 27 2033 § 310.05 LEGISLATNE CODE amount as the council deems reasonable and ap- (3) The license was issued in violation of any of propriate, having in mind the regulatory and en- the provisions of the Zoning Code, or the forcement purposes embodied in the particular li- premises which are licensed or which are to censing ordinance. A fine may be in addition to or be licensed do not comply with applicable in lieu of other adverse action in the sole discre- health, housing, fire, zoning and building tion of the council. Zb the eztent any other provi- codes and regulations. sion of the Legislative Code provides for the im- (4) The license or permit was issued in viola- position of a fine, both provisions shall be read tion of law, without authority, or under a together to the extent possible; provided, howev- material mistake of fact. er, that in the case of any con$ict or inconsistency, the other provision shall be controlling. (5) The licensee or applicant has failed to com- (Code 1956, § 510.05; Ord. No.17551, § 2, 419-88; Ply with any condition set forth in the li- Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No. 17659, ��e, or set forth in the resolution grant- § 1, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.F. No. �g or renewing the license. 94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-94; (6) a. The licensee or applicant (or any per- C.F. No. 941340, § 2, 10-19-94) son whose conduct may by law be im- puted to the licensee or applicant) has Sec. 310.06. R,evocation; suspension; ad- violated, or performed any act which is � verse actions; imposition of con- a violation of, any of the provisions of ditions. these chapters or of any statute, ordi- nance or regulation reasonably related (a) Council may take adverse action. The coun- to the licensed activity, regardless of cil is authorized to take adverse action, as defined whether criminal charges have or have in section 310.01 above, against any or all licenses not been brought in connection there- or permits, licensee or applicant for a license, as with; provided in and by these chapters. Adverse ac- b. The licensee or applicant has been con- tions against entertainment licenses issued under �� of a crime that may disqualify Chapter 411 of the Legislative Code may be initi- said applicant from holding the license ated for the reasons set forth in subsection (b) below, or upon any lawful grounde which are com- � Question under the standards and municated to the license holder in writing prior to Procedures in Minnesota Statutes the hearing before the council. Such actions shall Chapter 364; or be initiated and carried out in accordance with c. The licensee or applicant (or any per- the procedures outli.ne in section 310.05; provid- son whose conduct may by law be im- ed, however, that the formal notice of hearing shall puted to the licensee or applicant) has be used to initiate the adverse action without the engaged in or permitted a pattern or use of prior procedural steps. practice of conduct of failure to comply with laws reasonably related to the li- (b) Basis for o�ction. Such adverse action may �� ty or from which an in�'er- be based on one (1) or more of the following rea- ence of lack of fitness or good character sons, which are in addition to any other reason may be drawn. specifically provided by law or in these chapters: (?) The activities of the licensee in the licensed (1) The license or permit was procured by mis- activity created or have created a serious representation of material facts, fraud, de- danger to the public health, safety or wel- ceit or bad faith. fare, or the , licensee performs or has per- (2) The applicant or one (1) acting in his or her formed his or her work or activity in an behalf made oral or written misstatements �S�e manner. or misrepresentations of material facts in (8) The licensed business, or the way in which _ or accrompanying the application. such business is operated, maintains or per- Supp. No. 27 2034 . . �S-1�� LICENSES § 310.06 .� � mits conditions that unreasonably annoy, (12) The licensee or applicant has violated sec- injure or endanger the safety, health, mor- tion 294.01 of the Legislative Code, or has als, comfort or repose of any considerable made or attempted to make a prohibited ex number of inembers of the public. parte contact with a council member as pra (9) Failure to keep sidewalks or pedestrian vided in section 310.05(c-2) of the Legisla- ways reasonably free of snow and ice as tive Code. required under Chapter 114 of the Saint The terms "licensee" or "applicant" for the pur- Paul Legislative Code. pose of this section ahall mean and include any (10) The licensee or applicant has shown by past Person who has any interest, whether as a holder of more than five (5) percent of the stock of a cor- misconduct or unfair acts or dealings: phys- poration, as a partner, or otherwise, in the prem- ical abuse, assaults or violent actions done ises or in the business or activity which aze li- to others, including, but not limited to, ac- censed or proposed to be licensed. tions meeting the definition of criminal sex- ual conduct pursuant to Minnesota Stat- With respect to any license for activities entitled utes Sections 609.342 through 609.3451; to the protection of the FirstAmendment, notwith- sexual abuse, physical abuse or maltreat- standing the foregoing provisions, neither the lack ment of a child as defined in Minnesota of good moral character or fitness of the licensee Statutes Section 626.556, subdivisions 2 or applicant nor the content of the protected speech and 10e, including, but not limited to, acts or matter shall be the basis for adverse action which constitute a violation of Minnesota a8ainst the license or application. Statutes Sections 609.02, subdivision 10; (c) Imposition of reasonable conditions andlor 609.321 through 609.3451; or 617.246; ne- �¢strictions. When a reasonable basis is found to glect or endangerment of a child as defined impose reasonable conditions and/or restrictions in Minnesota Statutes Section 626.557, sub- upon a license issued or held under these chap- division 2; the manufacture, distribution, �� one (1) or more such reasonable condi- sale, gift, delivery, transportation, egchange � �d/or restrictions may be imposed upon such or barter of a controlled substance as de- license for the purpose of promoting public health, fined in Minnesota Statutes Chapter 152; safety and welfare, of advancing the public peace the possession of a controlled substance as and the elimination of conditions or actions that defined in Minnesota Statutes Chapter 152 constitute a nuisance or a detriment to the peace- in such quantities or under circumstances ful enjoyment of urban life, or promoting security giving rise to a reasonable inference that and safety in nearby neighborhoods. Such reason- the possession was for the purpose of sale able conditions and/or restrictions may include or or distribution to others; or by the abuse of pertain to, but are not limited to: alcohol or other drugs, that such licensee or applicant is not a person of the good moral �1) A limitation on the hours of operation of character or fitness required to engage in a the licensed business or establishment, or licensed activity, business or profession. on particular types of activities conducted in or on said business or establishment; (11) The licensee or applicant has materially (2) A limitation or restriction as to the location changed or permitted a material change in within the licensed business or establish- the design, construction or configuration of inent whose [sic] particular type of activi- the licensed premises without the prior ap- ties may be conducted; proval of the city council in the case of Class III licenses, the director in the case of Class (3) A limitation as to the means of ingress or II licenses, and the inspector in the case of egress from the licensed establishment or Class I licenses, or without first having ob- its parking lot or immediately adjacent area; tained the proper building permits from the (4) A requirement to provide off-street parking : ti city. in excess of other requirements of law; Supp. No. 27 2034.1 § 310.06 LEGISLATIVE CODE (5) A limitation on the manner and means of (4) The management practices of the licensee � advertising the operation or merchandise or applicant with respect to each of such of the licensed establishment; licenses; (6) Any other reasonable condition or restric- (5) The extent to which adverse action against tion limiting the operation of the licensed less than all of the licenses or applications business or establishment to ensure that would result in difficulty in enforcing and the business or establishment will harma monitori.ng the adverse action taken; nize with the character of the area in which (6) The hardship to the licensee or applicant it is located, or to prevent the development that would be caused by applying adverse or continuation of a nuisance. action to all licenses or applications; and (7) The hazdship and/or danger to the public, The inspector may impose such conditions on Class or to the public health and welfare, that I licenses with the consent of the license holder, or would result from adverse action against may recommend the imposition of such conditions less than all of the licenses or applications. as an adverse action against the license or licens- (Code 1956, § 510.06; Ord. No. 17584, § 1, 8-25-88; es; the inspector has the same power with respect Ord. No. 17657, § 15, 6-8-89; Ord. No. 17659, § 2, to Class II licenses. The council may impose such 6-13-89; Ord. No. 17901, §§ 2, 3, 1-14-92; Ord. No. . conditions on Class III licenses with the consent 17917, §§ 2, 3, 3-31-92; Ord. No. 17922, § 1, 4-28- of the license holder, or upon any class of license 92; C.F No. 94500, § 3, 7-6-94; C.F. No. 941340, as an adverse action against the license or licens- § 3, 10-19-94) es following notice and hearing as may be re- quired. Such conditions may be imposed on a li- Sec. 310.07. Termination of licenses; surety cense or licenses upon issuance, renewal or bonds; insurance contracts. transfer thereof, or upon and as part of any ad- (a) Automatic termination, reinstatement; re- verse action against a license or licenses, includ- sponsibility of licensee. All licenses or permits ing suspension. Conditions imposed on a license which must, by the provisions of these chapters or or licenses shall remain on such licenses when other ordinances or laws, be accompanied by the renewed and shall continue thereafter until re- filing and maintenance of insurance policies, de- moved by the council in the case of conditions on posits, guarantees, bonds or certifications shall Class III licenses or conditions imposed by ad- sutomatically terminate on cancellation or with- verse action, and by the inspector in the case of drawal of said policies, deposits, bonds or certifi- Class I and II licenses. cations. No licensee may continue to operate or (d) Standards for multiple license determina- Perform the licensed activity after such termina- tion. The licensee is liable and responsible for the tion. In any case in which the council is autho- filing and maintenance of such policies, deposits, rized to take adverse action against less than all ��.��es, bonds or certifications as are required of the licenses held by a licensee, or applied for by ��ese chapters, and shall not be entitled to as- an applicant, the following standards may be used: sert the acts or omissions of agents, brokers, �m- (1) The nature and gravity of the grounds found ployees, attomeys or any other persons as a de- by the council to exist upon which the ad- fense or justification for failure to comply with verse action would be based; such filing and maintenance requirements. In the (2) The policy and/or regulatory goals for the event the licensee reinstates and files such poli- particular licenses involved, either as em- �es, deposits, bonds or certifications within thirty bodied in the Legislative Code or as found �30) days, the' license is automatically reinstated on the same terms and conditions, and for the and determined by the council; g�e period as originally issued. After thirty (30) (3) The interrelationship of the licenses and days, the applicant must reapply for a renewal of their relative importance to the overall busi- his license as though it were an original applica- ness enterprise of the licensee or applicant; tion. � Supp. No. 27 2034.2 . �S-�� LICENSES § 310.09 !" °1, :� (b) Bonds and insurance requirements: Sec. 310.08. Terms of licenses; uniform (1) Surety Companies: All surety bonds run- dates. ning to the City of Saint Paul shall be writ- (a) All licenses or permits shall be valid for a ten by surety companies authorized to do period of one (1) year from the date of issuance by business in the State of Minnesota. All in- the inspector, except as otherwise provided herein surance policies required by these chapters or in these chapters or in cases of revocation, sus- shall be written by insurance companies au- pension or termination under section 310.06. thorized to do business in the State of Mi.n- �b) Licensees may continue to operate their nesota. business after the expiration date of their license; (2) Approved as to Form: All bonds filed with provided, that the licensee has filed with the in- the City of Saint Paul in connection with spector on or before the ezpiration date the ap- the issuance of licenses for whatever pur- propriate license application, license fees, insur- pose, and all policies of insurance required ance and bonds. The inspector shall process the to be filed with or by the City of Saint Paul renewal application in the manner provided for in in connection with the issuance of licenses this Code. for any purpose whatscever, shall first be �c) Whenever any licensee is the holder of the approved as to form by the city attorney. �, (2) or more licenses of the City of Saint Paul (3) Uniform Endorsement: Each insurance pol- which egpire on di$'erent dates, the inspector is icy required to be filed pursuant to these authorized, at the request of the licensee, to de- chapters shall contain the endorsement set termine a uniform date for the expiration of all or forth in Chapter 7 of the Saint Paul Legis- �Y number of such licenses, notwithstanding the lative Code. term and expiration dates of such licenses as orig- (4) Conditions: All bonds required by these ��ly issued, and notwithstanding any provision as to term of license of any ordinance of the city chapters shall be conditioned that the lic- heretofore or hereafter enacted. The provisions ensee shall observe all ordinances and laws hereof shall govern the issuance of any new li- in relation to the licensed activity, busi- cense to one already holding a license. ness, premises or facilities and that he shall conduct all such activities or business in (d) In order to conform to the foregoing provi- conformity therewith. Such bonds shall also sions, new licenses may be issued for a term of indemnify the City of Saint Paul against all less than one (1) year, and the license fee therefor claims, judgments or suits caused by, re- shall be prorated for the period of issuance. sulting from or in connection with the li- (Code 1956, § 510.08; Ord. No. 17360, § 1, 6-5-86) censed business, premises, activity, thing, facility, occurrence or otherwise licensed un- Sec. 310.09. Fees. der these chapters. (a) Exempt organizations. The Legislative Code (c) ?�rmination of bonds and insurnnce required egempts certain organizations from paying the cus- by city. 7�rmination of bonds and insurance re- tomary license or permit fees or establishes a nom- quired to be filed with the city pursuant to these inal fee of less than seven dollars ($7.00). The chapters shall be in accordance with the require- terms and conditions of such exemptions are stat- ments of Chapter 8 of the Saint Paul Legislative ed within the applicable chapters. Such organiza- Code. tions shall pay a five dollars ($5.00) minimum pro- (d) Expiration date to be concurrent with term cessing fee for each and every application for a of license or permit. The expiration date of all such license or permit to be issued by the division man- policies, bonds, guazantees or certifications shall ager, director or council of the city. be concurrent with the espiration date of the li- (b) Fee sclzedule. The council may by ordinance cense or permit. determine and establish one (1) fee schedule for (Code 1956, § 510.07) any or all licenses and permits issued pursuant to � Supp. No. 27 2034.3 � 310.09 LEGISLATIVE CODE these chapters, and a separate fee schedule for provided by the particular licensing provisions in- � applications for such licenses and permits, which volved, where an application for any license is may include fees to cover costs incuned by reason withdrawn or denied, the inspector shall refund of the late filing. Such fees, in either schedule, to the applicant the license fee submitted less a shall be reasonably related to the costs of admin- service charge to recover in part the costs in- istration incuned in connection with each such curred in prceessing the application in the amount application, license or permit. Costs of adminis- of twenty-five (25) percent of the annual license tration shall mean and include, but without lim- fee. itation by this specification, both direct and indi- rect costs and expenses, such as salaries, wages, �b) Limita�ion on refund; other cases. In all oth- benefits and all personnel costs including train- er cases as provided in paragraph (c), the inspec- ing, seminars and schooling, expenses of investi- tor may refund not to ezceed one hundred dollars gations and inspections, handling of inquiries and «100.00) of fees received in connection with any requests for assistance, telephone and communi- license, permit or application therefor; provided, cations statione sta e a r re roduction that he certify in writing that the amount of the ' �'' p g' P �' p ' refund represents a sum over and above the rea- o�ce capital equipment and all off ce supplies. sonable costs of administration incurred up to that Such fee schedules as adopted by ordinance and �e in connection with said license, permit or posted in the office of the inspector shall super- application. The director may refund not to eg- � sede inconsistent fee provisions in these chapters ceed two hundred fifty dollars ($250.00) of such or in other ordinances or laws. fees upon a like certification by the inspector. The (c) Fee for one year; may be prorated. Unless council may by resolution authorize all refunds otherwise specifically provided, the license fee sta� upon a like certification by the inspector. ed is for a period of one (1) year. Such fee may be prorated where a license is issued for a period of �c) Bases for refunds. Refunds under paragraph less than a year. (b) may be made to the licensee or his estate: (d) I,ate fee. Unless otherwise specifically pro- �1) Where the place of business of the licensee vided by the particular licensing provisions in- or his principal equipment is destroyed or volved, an applicant for the renewal of a license $o damaged by fire or any other cause that who makes application for such renewal after the the licensee ceases for the remainder of the expiration date of such license shall be charged a �� riod to engage in the licensed late fee for each such license. The late fee shall be activity or business; in addition to any other fee or payment required, (2) Where the business or licensed activity ceas- and shall be ten (10) percent of the annual license es by reason of the death or illness of the fee for such license for each thirty=day period or licensee or the sole employee or manager; portion thereof which has elapsed after the egpi- or ration date of such license. The late fee shall not (3) Where it has become unlawful for the lic- exceed fifty (50) percent of the annual license fee. ensee to continue in the business or licensed If any provision of these chapters imposes more activity other than by revocation, suspen- stringent or additional requirements for the issu- sion, denial or any criminal activity on the ance of an original license than would be the case p� of the licensee. for mere renewal, those requirements must be met (Code 1956, § 510.10) when the license has lapsed by reason of egpira- tion. (Code 1956, § 510.09; Ord. No. 16884, 2-11-82; Ord. No. 17802, § 1, 1-10-91) Sec. 810.10. R.efunds of fees. (a) Refund where application withdrawn or de- nied; service charge. Unless otherwise specifically Supp. No. 27 2034.4 J � q� 1 .��. •',,,;,�; - �`; LICENSES § 310.11 , � Sec. 310.11. Transfers; general. is provided for on the part of the transferee before (a) License a priuileg� not property. All licen- any transfer of license is made ef�'ective by the ses or permits issued by the City of Saint Paul action of approving the transfer. pursuant to these chapters or other ordinances or (fl Transfer; defnition. "'IYansfer," as used in laws confer a privilege on the licensee to engage these chapters, shall include a transfer from per- in the activity or occupation so licensed, and do son to person, or from place to place, or a transfer not constitute property or property rights or cre- of stock in a corporate licensee, or of shares or ate any such rights in any licensee. No such li- interests in a partnership or other legal entity. cense or permit may be seized, levied upon, at- «�}ansfer," as used in these chapters, shall not tached, executed upon, assessed or in any manner include the instance where a license is held by an taken for the purpose of satisfaction of any debt individual or partnership and the transfer is by or obligation whatever. said individual or partnership to a corporation in (b) Licenses transferable; conditions. All licen- which the majority of the stock is held by said ses issued by the City of Saint Paul shall be trans- individual or by the members of said partnership. ferable unless the specific chapter of the Saint ( Assignment and bond to accompany appli- Paul Legislative Code pertaining to each specific cation. In the case of a transfer from person to license shall speci�cally prohibit the transfer of person, the application for transfer shall be ac- such license. No transfer of any Class III license companied by a written assignment of all rights issued by the City of Saint Paul shall be effective of the original licensee in and to the license and until the council of the City of Saint Paul has shall be accompanied by a surety bond in amount approved the transfer following a public heazing and in form required of an original licensee. by the council's committee designated to hear li- cense matters and a resolution approving said (h) Public corporations. Notwithstanding other transfer is passed, approved and published. Both provisions of this chapter, publicly owned corpo- the transferor and transferee shall make applica- rations whose stock is traded in the open market tion for transfer of a license on such forms as may may comply with the transfer requirements per- be prescribed by the division, and in accordance taining to stock ownership and stock transfer by with Section 310.02. furnishing the inspector on request with the names (c) Transfer tox In all cases of transfer of a and addresses of all stcekholders of record upon license from a present licensee to any other per- each renewal of the license. son, there shall be a tax on said transfer in the (i) Affidavit of transferor. No license transfer amount of twenty-five (25) percent of the annual shall be effective unless the transferor submits license fee charged for said license, said ta�c to be an �davit of such transferor, taken under oath, paid by the transferee. stating the following: (d) Transfer ta� deposit retained or returned (1) That in the case of Class III licenses, the Whenever an application is made for transfer of a transferor-affiant has posted notice to all license, the amount as set out in paragraph (c) employees in a conspicuous place on the shall be deposited with said application. If the licensed premises notifying all employees transfer of license is approved, the amount depos- of the time, place and date of hearing of the ited shall be retained by the city. ffthe transfer is transfer of the license to be held before the denied, the amount deposited shall be returned to Saint Paul City Council; the party depositing the same, in accordance with (2) That said notice specified in subparagraph the requirements and conditions in Section 310.10. (1) above was posted continuously for four- (e) Transfer taX exception. Paragraphs (c) and teen (14) days; (d) shall not apply in any case when, by the terms (3) That transferor has paid all wages due and of these chapters, payment of the full annual li- owing the persons employed by the trans- .. • censee fee or a prorated yearly annual license fee feror or that an agreement has been reached • Supp. No. 4 2035 � 310.11 LEGISLATNE CODE " � between transferor and all employees as to (Code 1956, § 510.1 l; Ord. No. 16822, 9-3-81; Ord. the payment of wages due and owing; No. 17551, § 3, 4-19-88) (4) That transferor has made payment to all employees in lieu of vacation time earned Sec. 310.12. Inspection of premises. by said employees or in lieu thereof an � premises, facilities, place, device or any- agreement has been reached between trans- thing named in any license issued pursuant to feror and all employees as to payment in any provision of the Saint Paul Legislative Code lieu of vacation time earned; or other law shall at all times while open to the (5) That transferor has satisfactorily and com• public or while being used or occupied for any pletely complied with his contractual obli- purpose be open also to inspection and examina- gations pertaining to employer contributions tion by any police, fire, or health o�cer or any to employee benefit programs which include, building inspector of the city, as well as the inspector. but are not limited to, pension programs, (Code 1956, § 510.12) hospital, medical and life insurance programs, profit-sharing programs and holiday paY Sec. 310.13. Renewal. bene�its. � Every license renewal under these chapters may -� (j) Deceased licensee. Notwithstanding any other be denied for any licensee who is delinquent in provision of these chapters, in any case where a any payment or contribution to a health and wel- liquor license is held by a person not incorporated fare trust or pension trust, or similar program, and where the license would, by reason of the established for the benefit of his employees. death of said licensee, lapse to the city in the (Code 1956, § 510.13) absence of this paragraph, the authorized repre- sentative of the estate of the deceased licensee �c. 310.14. Savings clause. " may consent to and seek to transfer said license �a) If any provision in these chapters is held to the surviving spouse of the licensee. The trans- unconstitutional or invalid by a court of compe- fer shall be subject to all applicable requirements tent jurisdiction, the invalidity shall extend only of these chapters and existing law. to the provision involved and the remainder of (k) No approval under certain conditions. The these chapters shall remain in force and effect to council shall not approve any transfer where ei- be construed as a whole. ther party has not complied with the terms of any �� The repeal of any ordinance by ihis ordi• contract or agreement regarding employee bene- nance (which enacts the Uniform License Ordi- fit or fringe benefit programs; including, but not limited to, pension, hospitalization, medical and nance) shall not affect or impair any act done, life insurance, profit-sharing or holiday pay pro- any rights vested or accrued, or any suit, proceed- grams; provided, that any person or organization ing or prosecution had or commenced in any mat- objecting to a transfer because of failure to pay ter, prior to the date this ordinance became effec- employee benefit or fringe benefit programs shall tive. Every such act done or right � ested or accrued file a written notice of objection with the license shall remain in full force and effect to all intents inspector seven (7) days prior to the scheduled and purposes as if the repealed ordinances had public hearing on the transfer, and said notice themselves remained in force and effect. Every shall contain a complete itemization of the objec- such suit, proceeding or prosecution may be con- tor's claim. tinued after repeal as though the repealed ordi- nances were fully in effect. A suit, proceeding or (1) Transfer of more tha.n one license if one is prosecution which is based upon an act done, a Class III. If an application is made to transfer right vested or accrued, or a violation committed more than one license at the same time, the in- prior to repeal of the repealed ordinances, but spector may, if one of the licenses is a Class III which is commenced or instituted subsequent to , license, handle all said licenses as Class III licenses. repeai of the repealed ordinances, shall be brought _ Supp. No. 4 ' 2036 . q5-��1� ^ ,..a� LICENSES $ 310.18 pursuant to and under the provisions of such re- Sec. 310.18. License fee schedule. pealed ordinances as though they continued to be in full force and effect. Notwithstanding the provision of any other or- (Code 1956, § 510.14) dinance or law to the contrary, the following fees are hereby provided for all the licenses listed here- Sec. 310.15. Penalty. in. These fees supersede all inconsistent provi- sions, including, but not limited to, graduated fee Any person who violates any provision of these provisions, in these chapters and in other ordi- chapters, or other ordinances or laws relating to nances and laws, and include the fee for the li- licensing, or who aids, advises, hires, counsels or cense application as part of the license fee; pro- conspires with or otherwise procures another to vided, however, that this section does not amend violate any provision of these chapters or other or modify sections 310.09(a) or 310.09(d) of the ordinances or laws relating to licensing is guilty Legislative Code with respect to exempt organi- of a misdemeanor and may be sentenced in accor- zations or late fees. Pursuant to section 310.09(b) dance with section 1.05 of the Saint Paul Legis- of the Legislative Code, these schedules shall be lative Code. The term "person," in addition to the posted in the office of the director of the office of definition in section 310.01, shall for the purpose license, inspections and environmental protec- of this section include the individual partners or tion. These fees shall be effective for license re- members of any partnership or corporation, and newals and new license applications occurring on as to corporations, the officers, agents or members and after January 1, 1995, or on the effective date thereof, who shall be responsible for the violation. of this section, whichever is later; provided, how- (Code 1956, § 510.15) ever, that with respect to all licenses whose re- newal dates occur after the effective date of this Sec. 310.16. Reserved. new schedule, there shall be no increases in, nor offsets or refunds of, the existing fees paid, or due Editor's note—Section 310.16, pertaining to license fees Snd Owirig. and annual increases, and derived from Ord. No. 16885, adopt- ed Feb. 11, 1982; Ord. No. 17059, adopted Oct. 20, 1983; and (a) ENFORCEMENT LEVEL 1 Ord. No. 17303, adopted Oct. 29, 1985, was repealed by Ord. No. 17884, § 1, adopted Nov. 19, 1991. ChapterlSection No. License Description Fee Sec. 310.17. Licensee's responsibility. is� Commercial Vehicle $66.00 316 Animal Foods Management & Dis- Any act or conduct by any clerk, employee, man- tribution ss.00 ager or agent of a licensee, or by any person pro 317 Amusement Rides ss.00 viding entertainment or working for or on behalf 323 Chriatmas �ree Salea ss.00 of a licensee, whether compensated or not, which 325 Close Out Sale ss.00 327 Dry Cleaning Pickup Station 66.00 act or conduct takes place either on the licensed 331 Beverage Vehicle ss.00 premises or in any parki.ng lot or other area ad- 332 Liquid Fuei vehicle ' ss.00 jacent to (or under the lease or control ofl the 333 Solid Fuel Vehicle 66.00 licensed premises, and which act or conduct vio 33s Private Fuel Pump 66.00 339 Ice Cream Vehicle 66.00 lates any state or federal statutes or regulations, 340 Mercantile Broker 66.00 or any city ordinance, shall be considered to be 345 Peddler (Solicitor/1�ansient) ss.00 and treated as the act or conduct of the licensee 34s Rental of Clothing & vehicle ss.00 for the purpose of adverse action against all or 34s Rental of Clothes Attire Vehicle ss.00 any of the licenses held by such licensee. Zb the 350.02 Rental of Hospital Equipment ss.00 extent this section is in conflict with sections 409.14 350.02 Rental of Hospital Equipment Ve- hicle 66.00 and 410.09 of the Legislative Code, this section 351 Rental of Kitchenware ss.00 shall be controlling and prevail; but shall not other- 353 Roller Rinks 66.00 wise amend, alter or affect such sections 355.01 Secondhand Dealer __i � (Ord. No. 17629, § 1, 1-31-89) (a) &(b) Single Location 66.00 Supp. No. 28 2037 § 310.18 LEGISLATIVE CODE Chapter/Section (c) ENFORCEMENT LEVEL 3 . No. License Description Fee ChapterlSection 357.03 Refuse Hauler-Each Vehicle Over No. License Description Fee One 66.00 359 Sound 'l�ucks & Broadcast Vehi- 354 Sanitary Disposal Vehicle $317.00 cles 66.00 355.01(d) Seoondhand Dealer-Multiple Deal- 371 FSnishing Shop 66.00 e1S 317.00 361.14 1bw'hvck/Wrecker Vehicle 66.00 357.03 Refuse Hauler & Vehicle 317.00 362 1�ee Trimmer-Additional Vehicle 66.00 360.03 Public Swimming Pools 317.00 372 TTre Recapping Plant 66.00 360.03 Whirlpools 317.00 376.16(d) Taxicab Driver (new) 66.00 361.14 1bw Truck Operator 317.00 376.04 Taxicaba 317.00 377 Lawn Fertilizer & Pesticide Ap- 401.02(a)(1) New Motor Vehicle Dealer 317.00 plication 66.00 401.02(a) Motor Vehicle Parts Dealer 317.00 380 Tanning Facility 66.00 401.02(a)(5) Secondhand Dealer Motor Vehicle 382 Pet Grooming 66.00 p� 317.00 412 Massage Center (Class B) 66.00 401.02(a)(2) Secondhand Motor Vehicle Dealer 317.00 414 Massage Therapist 66.00 407.03 Hotel/Motel-1b 50 rooma 317.00 424.02 Gasoline Filling Stations 66.00 407.03 Hotel-Each additional room over 50 317.00 412 Massage Center (Class C) 317.00 � (b) ENFORCEMENT LEVEL 2 413 Conversation/Rap Pazlor (A & B) 317.00 415 Mini-Motion Picture Theater- Chapter/Section Adult 317.00 No. License Description Fee 417.04 Pazking Lots (1}--(6) 317.00 320 Bituminous Contractor $164.00 422 Motor Vehicle Salvage Dealer 317.00 321.03 Rooming & Boardinghouse 164.00 423.02(b) Auto Body Repair Garage 317.00 322.03 Bowling Center & Pool Halls 427 Health Sports Clubs (Class A& (a) & (b) 164.00 B) 317.00 324 Cigarettes 164.00 428 Steam Room/Bath House (A & B) 317.00 326 Building Contractora 164.00 327 Laundry � Dry Cleaaing Plants 164.00 332 Fuel Dealera-Liquid 164.00 (d) ENFOBCEMENT LEVEL 4 333 Fuel Dealera--Solid 164.00 334 Pest Control 164.00 Chapter/Section 338 House Sewer Contractora 164.00 No. License Description Fee 342 Oil Bulk Storage 164.00 331.04 Bakery (A) $135.00 347 Pet Shop 164.00 g�ery (B)-Add on 69.00 352 Rental of'IYsilers 164.00 331.04 Butcher (A) 135.00 354 Sanitary Disposal Business 164.00 Butcher (B)-Add on 85.00 355.01(c) Sec:oadhand Dealer-Exhibitions 164.00 331.04 Catering (A)-Limited 201.00 356 Sidewalk Contractors 164.00 Catering (B)-F�ll 252.00 362 1�ee 11�imming 164.00 Catering (C)-Add on 180.00 364 Veterinary Clinic 164.00 331.04 Day Care Food (A) 5.00 365.02 Window Cleaning 164.00 Day Care Food (B) ' 5.00 367 Tattoo Parlors 164.00 331.04 Food Processor/Distributor/Ware- 378 Bed & Breakfast Residence 164.00 house 135.00 379 Lock Opening Services 164.00 331.04 Food Salvage 150.00 401 Motorcycle Dealer 164.00 331.04 Food Vehicle (A) 67.00 405.02(a) Dance Hall 164.00 Food Vehicle (B) 60.00 406 Game Room 164.00 331.04 Food Vending Machine 15.00 408 Recycling Collection Center 164.00 Food Vending Operator 60.00 412 Massage Center (Class A) 164.00 331.04 Food Wazehouse/Diatributor 67.00 415.04 Theaters and Movie Theaters 164.00 Food/Boarding Facility 135.00 416 Motion Picture Drive-in Theater 164.00 Fo��tutional Facility 5.00 426.04 Cabaret (Class A& B) 164.00 331.04 Grocery (A) 5•� Grocery (B) 83.00 Grocery (C)-To 2,000 sq. ft. 150.00 Supp. No. 28 2038 . �-11�� ,� LICENSES § 310.19 � :. . Chapter/Section (fl ENFORCEMENT LEVEL 6 No. License Description Fee Chapter/Section Grocery (D)-More than 2,000 aq. No. License Description Fee ft. 159.00 331.04 Mobile Food 135.00 127 Courtesy Benches $ 20.00 Mobile Food-Limited 50.00 167 Commercial Vehicle-Replace- 331.04 Original Container 41.00 ment 18.00 331.04 Restaurant (A)-0-12 seata 201.00 225.08 Firearms 44.00 Restaurant (B)-More than 12 seats 405.00 278 Gambling Hall 354.00 Restaurant (C)-Limited 60.00 31S MAD Operator with up to 10 583.00 Each MAD over 10 42.00 Restaurant (D)-Add on 305.00 Music Machine 44.00 Restaurant (E)-Extension 50.00 Amusement Rides to 10 301.00 331.04 Special Event Food Sales-l-3 Amusement Ride over 10 28.00 days 92.00 T.V. Units per location 28.00 Special Event Food Sales-4-14 341 Single Service Container 445.00 days 119.00 344 Pawn Shops 2,500.00 Special Event Food Sales-Annual 146.00 345 1�ansient Merchant 65.00 Special Event Food Sales-Fee 376.16 Taxicab Driver Renewal 21.00 Waived 5.00 Taxicab Driver Duplicate 6.00 339 Ice Cream Products, Procesa & Ta�cicab Duplicate Plate 16.00 Distribution 172.00 Taxicab Vehicle Replacement 44.00 391 Soliciting Funds-Tag Days 21.00 401 Secondhand Dealer Motor Vehicle (e) ENFOftCEMENT LEVEL 5 Parts-second location 87.00 402 Tlemporary Gambling (3 types) 21.00 Chapter/Section 403 Bingo Halls 179.00 No. License Description p 409.24(1) Gambling Manager 66.00 409.05(j) Gambling Lceation-A 66.00 409 Intoxicating Liquor 409.05(j) Gambling Location-B 66.00 409.05(b)(1) OnSale-Over 200 seats $5,050.00 409.05(j) Gambling Location-C 66.00 409.05(b)(2) OnSale-Over 100 seats 4,650.00 409.04(gH5) Modification of Parking 375.00 409.05(b)(3) OnSale-100 seats or less 4,200.00 357.03 Solid Waste T�ansfer Statioa 1,500.00 409.25(b) 7lemporary Liquor 46.00 408 Recycling Processing Center 750.00 409 On-sale Club-Under 200 mem- 414 Massage Therapy-Practical Exam- bers 297.00 ination Fee 50.00 On-sale Clu�-201�00 members 497.00 414 Massage Therapy-Written Exam- On-sale C1u�501-1,000 mem- ination Fee 20.00 bers 647.00 429 Infectious Waste Processiag Facil- On-sale Club-1,001-2,000 mem- ity 1,500.00 bers 797.00 (C.F. No. 92-1742, § 1, 12-8-92; C.F. No. 93-1650, § On-sale Club-2,001-4,000 mem- 1, 12-9-93; C.F. No. 94201, § 1, 3-16-94; C.F. No. bers 997.0o g4-1447, § 1, 12-14-94) On-sale Club-4,001-6,000 mem- bers 1,997.00 On-sale Club-6,000+ members 2,997.00 409.05(e) off-Sale �,000.00 Sec. 310.19. Discount from on-sale intoxicat- 4os.o�(b)(2) S�naay on-Sale 200.0o ing liquor license fees. 409.11(a)(8) Extension of Service 53.00 409.15(b) Wine On-Sale 1,385.00 409.25 Temporary Wine 4s.00 A discount will be provided for on-sale liquor aio.o2 OnSale Malt (Strong) 445.00 licenses and shall reduce such fees mentioned in aio.o2 On Malt (3.2) �5.0o section 310.18 by approximately seven (7) per- 410.02 Off Malt $s.00 cent, in the exact amounts as further provided 410.10(a) Trmporary Malt 46.00 4ii.o3 Entertainment�Class A 2i�.00 herein, contingent upon each of the following con- 411.03 Entertainment�Clasa B 527.00 ditions �;�� 4��.03 Entertainmentr C 2,500.00 (1) Driver's license guide; compilation of laws. `. . 411.03 Entertainment Temporary 27.00 �e licensee shall maintain on the prem- Supp. No. 28 2039 § 310.19 LEGISLATIVE CODE ises, in a location accessible at all times to vestigative services, and (ii) that the all employees of the licensed establishment: security agency shall charge the same a. A current driver's license guide, which amount to all licensees who choose to shall include license specifications for receive such services, so that all such both adults and minors for each state licensees are treated equally and with- (including Canadian provinces), and out discrimination. shall list such information from at least b. Inuestigation. The contract with the city five (5) years prior to the present date; shall provide for and require one (1) or and more investigations by the security b. A current compilation of the laws re- agency each calendar yeaz into the prac- lating to the sale and possession of al- tices of the licensee with respect to (i) coholic beverages in the State of Min- age identification of customers in order nesota as outlined in Chapter 7515 of to prevent sales of alcoholic beverages the State of Minnesota Rules and Chap- to minors, and (u) preventing the sale ter 340A of the Minnesota Statutes. of alcoholic beverages to persons who This compilation must also include are obviously intoxicated. The contract Chapters 240 through 246, 409 and 410 shall require that the security agency . of the Saint Paul Legislative Code. disclose the results of all such investi- (2) Signage. The licensee shall maintain on the gations to both the licensee and, at no premises, in all customer areas, current sig- cost to the city, to the office of license, nage relating to underage consumption of inspections and environmental protec- alcoholic beverages, and relating to driving tion, within ten (10) days after such under the influence of alcohol. One (1) sign investigations are concluded. Failure to must be located behind the bar, and one (1) do so will be grounds for adverse action sign must be present in each additional against the licensee's licenses. The con- room or section within the lounge area in tract shall require that all such inves- which the writing on the sign behind the tigations shall include unannounced bar is not clearly legible. The sign(s) must and random attempts by minors to pur- have dimensions of at least one (1) foot by chase alcoholic beverages in the li- one (1) foot with letters at least one-half censed premises, and surveillance with- (�/2) inch in height. All signs must be com- in the licensed premises. The security fortably readable from a distance of fifteen agency shall employ reasonable mea- (15) feet. sures to minimize or eliminate con- (3) Contract with security agency. flicts of interest in providing and re- porting on investigations of licensees. a. Generally. The licensee shall partici- pate in a training program with an ap- c. �aining. The contract shall also pro- proved private security agency, firm or vide for alcohol awareness training by association (hereafter "security agen- the security agency of all officers, em- c}�') which is selected and contracts with ployees or agents of the licensee who the City of Saint Paul for the purpose work in the licensed premises at least of providing investigations and train- once during the calendaz year. All new- ing to the licensee pursuant to this sub- ly hired employees or new officers or section. The city contract shall provide agents hired during the calendar year (i) that the security agency shall not be shall receive such training within four reimbursed by the city, but that it shall (4) weeks following their hiring, and recover its costs and profit by fees col- shall not work in the premises after lected from the licensees which choose that four-week period until they have to receive the training program and in- received such training. Supp. No. 28 2040 . . , °IS-1�» LICENSES § 311.02 1 d. Standards for approval. In addition to awareness training course to new- the requirements specified elsewhere ly hired employees within four (4) in this subsection, the security agency weeks after their hiring by the lic- and its investigations and training must ensee with whom there is a con- meet or exceed the following: tract. 1. The alcohol awareness course shall � fees after credit for the discount shall be cover all of the topics listed herein. on-sale liquor over two hundred seats: four thou- The content of each training course sand seven hundred dollars ($4,700.00); on-sale shall include, but need not be lim- liquor over one hundred (100) seats: four thou- ited to: sand three hundred twenty-five dollars ($4,325.00); (a) Pertinent laws and ordinanc- and on-sale liquor up to one hundred (100) seats: es regarding the sale of alco- three thousand nine hundred dollars ($3,900.00). hol. (C.F. No. 94-1447, § 2, 12-14-94) (b) Verification of age, forms of identification, and forms of false or misleading age iden- Chapter 311. Public Telephones; Licensed tification. Premises ' (c) The eff'ect of alcohol on hu- mans and the physiology of al- Sec. 311.01. General; definitions. cohol intoxication. This chapter shall apply to any business li- (d) Recognition of the signs of in- censed by the City of Saint Paul where a tele- toxication. phone accessible to the public is located on the (e) Strategies for intervention to licensed premises. The term "licensed premises" prevent intoxicated persons shall mean and include, for the purposes of this from consuming further alco- chapter, all the property, whether in or out of a hol. building or structure, which is (a) used for the (� The licensee's policies and licensed activity, (b) under the ownership, control guidelines, and the employee's or management of the licensee, or leased to the role in observing these poli- licensee, if such property is adjacent to, or in rea- cies. sonably close proximity to, the premises in which (g) Liability of the person serving the licensed activity occurs. The term "licensee" alcohol. shall mean and include, for the purposes of this (h) Effect of alcohol on pregnant chapter, the licensee and the manager of the li- women and their fetuses, and censed business; and if the licensee is a corpora- in other vulnerable situations. tion, partnership or other entity, the term "licens- ee" shall also include each officer, director, 2. The security agency shall have a shareholder, partner, executive and- manager of minimum of two (2) years actual such corporation, partnership or other entity. experience in alcohol awareness (C.F. No. 95-64, § 1, 2-8-95) training. The courses may be giv- en by one (1) or more instructors, Sec. 311.02. Responsibility of licensees. but each instructor must have a formal education and/or training in It is the responsibility of every person holding a each area they teach. The courses license issued:by the City of Saint Paul as a con- may be supplemented by audio- dition of that license and its continuation to take visual instruction. adequate measures to insure that every telephone 3. The security agency shall have suf- on the licensed premises is not used for the pur- ficient personnel and physical re- pose of distribution, sale, use or possession of con- ' sources to provide an alcohol trolled substances, prostitution or other criminal � Supp. No. 29 2040.1 § 311.02 LEGISLATIVE CODE _ activity. Failure to comply with the terms and re- Sec. 311.04. Procedure for designation of a quirements of this chapter shall be grounds for problem phone. adverse action. (a) Before issuing an order designating a prob- (C.F. No. 95-64, § 1, 2-8-95) lem telephone under section 311.03, the director Sec. 311.03. Designation of problem tele- or his/her designee shall conduct an informal hear- phones. ing to determine whether a particular telephone is a problem telephone and, if so, what measures The director of the office of license, inspections can be taken to correct the condition. The infor- and environmental protection may by written or- mal hearing shall be preceded by at least ten (10) der designate one (1) or more public telephones days' written notice to the licensee and the owner Iceated on the licensed premises of any licensee as of the public telephone at the address indicated a problem telephone. Such designation shall be on the subject telephone, describing the time, place based upon evidence which possesses probative and subject matter of the hearing. The director or value commonly accepted by reasonable prudent his/her designee may consider any evidence with persons in the conduct of their affairs, which shows probative value commonly accepted by reasonable that one (1) or more of the following conditions p�dent persons in the conduct of their affairs. exist: (a) The telephone is regularly or frequently �b) Upon a finding of fact that the particular used to further the distribution of controlled telephone is a problem telephone, the director or substances, prostitution or other criminal his/her designee may issue an order, which shall be in writing and addressed to the owner of the activity. telephone and to the licensee, to take and keep in (b) The unrestricted use of the telephone (i) force one (1) or more of the following remedial contributes to loitering or congregation in measures including, but not limited to, the follow- the area or disturbs the peace, quiet or per- ing: sonal safety of other persons in the area, or �1) Modifications to the public telephone (ii) contributes to the existence of a nui- through use of existing technology to pre- sance as defined in section 310.17(c) of the vent persons from using the telephone to Saint Paul Legislative Code. facilitate criminal activity. (c) The telephone is detrimental to the public �2) Installation of a lockup telephone in place safety. of the existing telephone, or of devices that (d) The telephone unreasonably interferes with effectively prevent the use of the telephone the flow of pedestrians or vehicular traffic. except under the supervision of the licens- (e) The telephone unreasonably interferes with � or law enforcement authorities. the use of crosswalks, tra�c signs or sig- (3) Modifications to the telephone to prohibit nals, hydrants or mailboxes. the reception of all incoming calls. (fl The telephone unreasonably interferes with (4) Movement of the telephone to a different ingress or egress from any residence or place location on the licensed premises. � of business. (5) Modifications to the telephone through the (g) The telephone is deemed by the traffic en- use of existing technology to prevent its use gineer to be a safety concern or hazard: for calls to pagers andlor cellular telephone (h) The telephone is considered excessive giv- numbers. en the number of other public telephones in (6) Modifications to the telephone to prevent the area and that the aggregate number of its use by payment in coins, and/or restric- public phones contribute directly to any con- tions on the provision of coins suitable for ditions listed in subsections (a) through (g) use in the telephone by the licensed busi- above. ness and its employees, manager and own- (C.F. No. 95-64, § 1, 2-8-95) er. Supp. No. 29 20402 ' � °� 5-1t�1 ; § 374.14 LEGISLATIVE CODE _ degrees Fahrenheit (four (4) degrees Celsius) for a the holder of the license a written notice specify- ; period exceeding four (4) hours, and foods found ing the violation(s) in question and afford the hold- ; unfit for salvage on examination shall be deemed er a reasonable o nonsalvageable. Foods packaged in paper or other pp°�ity to correct same. � porous materials which have been subjected to Sec. 374.16. ftules and regulations. contamination may be deemed to be nonsalvage- : able merchandise, as defined in section 374.01. The public health services manager may make � Frozen foods which have thawed shall be consid- such rules and regulations as aze reasonably nec- ; ered nonsalvageable. essary for the safe and sanitary operation of food salvage processing plants. Such rules and regula- } (b) Distribution of nonsalvageable merchan• �ons shall be e$'ective when filed in the office of � dise. Nonsalvageable merchandise shall not be sold the city clerk and amendments thereof shall be � or distributed as food or animal feed but shall be effective twenty (20) days after being so filed. V- � disposed of in a manner approved by and under olations of such regulations shall be sufficient the supervision of the public health services man- gTO�ds for revocation or suspension of any li_ ager. cense issued pursuant to this chapter. Sec. 374.15. R.etaining; condemning; notice Sec. 374.17. R.en e3ation or suspension of li- �. of violatioa. For serious or repeated violations of any of the (a) Retaining. The public health services m�n- requirements of this chapter, or for interference ager or his authorized agent may attach a"Re- �'°l� �e public health services manager or his tained" tag or issue a written notice of retaining agent in t}ie performance of his duties, the license and thereby retain any food, clothing, equipment, �ay be revoked or suspended after an opportuni- utensil or thing which by reason of origin, dirt, t3' for hearing has been provided by the city coua- filth, extraneous matter, insects, vermin, temper- ��• �or to such action, the division of license and ature, corrosion, open seams, dented seams, p�t administration shall notify the iicense hold- chipped or cracked surfaces may be unfit for use, et ' ��g� stating the reasons for which the The public health services manager or his autho- license is subject to revocation or suspension. rized agent shall record the tag number, kind and amount of item retained. The tag shall accompa- Chapter 375. R ny the retained item at all times. If upon final inspection the item is approved, the tag shall be Secs. 375.Oi—�75.08. R.eserved. ; removed by the public health services manager or his authorized agent. Chapter 376. Tasicabsl' ; (b) Condemning. The public health services Sec. 376.01. Licease required, � manager or his authorized agent may attach a � "Condemn" tag to food and food products which No person shall use, operate or keep for pay or are not salvageable. When food is condemned, the �'e � Saint Paul any public vehicle without a original mark, stamp or label thereon shall be re- license. moved or defaced and a"Condemn" tag attached (Code 1956, § 152.02) to the food or food product. The tag shall accom- pany this food until its uitimate disposai, The pub- ' note—�C.F. No. 94-1488, §� i-8, adopted Nov 16,1994, repealed §§ 375A1�375.08, the aubstsative sections lic health services manager shall cause the remov of Ch. 375 relative to chiid day care centers, which derived al of the "Condemn" tag upon final disposition. �om o�a. No. i�2i� adopted Feb 2a, isss. tEditor'e note—Taxicab licenses, formerly classiSed as (c) Notice. In all other instances of violation of Clasa II licenses under Ch, 418, were redesignated as Clasa i the provisions of this chapter, the public health �"��'' $ub�ect t° proce�� applicable to Clasa I licenses, services manager or his agent shall serve u on by Ord. No. 17085, adopted Dec. 16, 1983. -, P Cross reference—Offenses against taxi drivers, Ch. 289. ' � ��.:-- Supp. No. 28 2138 � � qS�lt� �� LICENSES § 376.02 %' .•1 >" ,' ;. - �"'-."� Sec. 376.02. Definitions. Except where otherwise expressly stated, the following terms, wherever used in this chapter, shall have the meanings respectively ascribed to them in this section. Auto-car. An "auto-car" is hereby defined to be a self-propelled motor vehicle with a capacity for carrying seven (7) passengers for hire and which operates from a garage or livery and which is kept at all times in such garage or livery, except when answering a call, and is hired from such gazage or livery only. Driver. The term "driver" shall mean the indi- vidual in immediate control of the movement of the public vehicle. . Owner. The word "owner" shall mean any per- - son, firm, copartnership, corporation or associa- tion that has the bona fide legal title and the right of control, direction, operation and maintenance of such licensed ta.xicab so operated for hire on the streets of the City of Saint Paul. Passenger seruice vehicle. The term "passenger service vehicle" shall mean and include any motor vehicle carrying passengers for hire or for a fee, but shall not include any vehicle used in provid- ing lunousine service as defined in Minnesota Stat- utes, Section 221.84. Person(s) with disabilities. The term "person(s) with disabilities" shall mean any person for whom, by reason of age, or disability as defined in Min- � nesota Statutes, Section 363.01, subdivision 13, their access to and use of taxicabs would be facil- itated by being able to ride in the front passenger seat of the taxicab. Public aehicles. The term "public vehicles" shall mean and include taxicabs and passenger service vehicles. Taxicab. The term "taxicab" shall mean and in- clude any motor-driven vehicle for the transpor- � tation for hire of passengers, which is equipped with a taximeter and a distinctive color scheme as hereinafter defined. Taximeter. The term "taximeter" shall mean and include any mechanical instrument or device, , �.'_� .,� ��::.�' , Supp. No. 28 2139 i . °�-�>>> � LICENSES § 376.06 ,,� ._ approved by the inspector, by which the charge application may be made, the city council shall � for hire of a taxicab is mechanically calculated, take into consideration whether the demands of and on which such charge is plainiy indicated. public convenience and necessity require addi- (Code 1956, § 152.01; Ord. No.17764, § 1, 8-28-90; tional public vehicles within the City of Saint Paul; Ord. No. 17817, § 1, 411•91; Ord. No. 17881, § 1, the increased traffic congestion and demand for 11-7-91) increased parking space upon the streets of the city which may result; whether the safe use of the Sec. 376.03. Cabs from other cities. streets by the public, both vehicular and pedes- trian, will be preserved by the granting of such Any public vehicle licensed to operate in an- additional licenses; and such other relevant facts other city of this state may carry passengers from � the city council may deem advisable or neces- said city where so licensed to any place or within the Ci of Saint Pa S �' t3' ul, and may freely� enter and travel upon the streets and thoroughfazes for (d) Renewals; abandonment: that purpose; and in such case it shall not be (1) The authorized number of public vehicle li- deemed necessary for the owner of such vehicle to censes may be renewed annually by the li- pay the license fee herein provided for, but nei- cense holders so long as all other provisions ther the owner nor operator of such vehicle shall of this chapter aze fulfilled. be permitted to solicit business in the City of Saint Paul or to otherwise operate within said city (2) Failure to apply for renewal of any public without being licensed under the provisions of this vehicle license within thirty (30) days after chapter. expiration shall be deemed an abandon- (Code 1956, § 152.05) ment of the licensee's right to such renewal. � (3) It shall be the duty of the license inspector Sec. 376.04. Fees; term. to make an annusl report to the city council The fee for a passenger service vehicle license during the month of May each calendar and taxicab license shall be established by ordi- Y�'• Said report shall contain the license nance as specified in section 310.09(b) of the Leg- inspector's recommendations regarding islative Code. A license, unless revoked, is for a public convenience and necessity for addi- period of twelve (12) months. tional licenses and whether there are any (Code 1956, § 152.08; Ord. No.17873, § 1, 9-24-91; abandoned licenses that are available for Ord. No. 17881, § 2, 11-7-91; C.F. No. 94199, § 4, �suance to qualified applicants. 3-23-94) (e) Six-month Zicense. The city council may by Cross reference increase of license fees, § 3io.1s. resolution determine that the public convenience and necessity require a greater number of licensed Sec. 376.05. Public conveaience and neces• taxicabs during the winter months commencing �tY• October 15 and ending April 15 of the following (a) Number of licenses. The authorized number Year and upon such a finding issue aciditionai of taxicab licenses shall be one hundred twenty Public vehicle licenses for the aforesaid six-month (120). period. Any taxicab license issued for the six- . month period shall expire on Apri115 and. may be (b) Additional license. No additional public ve- renewed on the following October 15 without an hicle licenses shall hereafter be issued unless the additional finding of necessity if all other require- city council, after a public hearing, shall by resa ments of this chapter are fulfilled. lution declare that public convenience and neces- (Code 1956, §§ 152:02-152.04; Ord. No. 17764, § sity require that additional public vehicle licenses 2� 8-2$-90; Ord. No. 1788i, § 4, 11-7•91) be issued. Sec. 376.06. Insurance and bond require- :�•_.: (c) Ba.sis for determination. In determining ments. j;�•��'�' �� whether public convenience and necessity require (a) No such license shall be issued for the oper- ��;;;� the licensing of additional public vehicles for which ation of any public vehicle on any public street or i , Supp. No. 26 2141 ' . °IS�� § 376.06 LEGISLATIVE CODE �-, ,= - �_ _ highway in said city until the applicant shall ob- (d) Any policy or bond herein required shall con- 1 tain a policy of liability insurance in an insurance tain a clause that the liability of the insurer or company authorized to do business under the laws surety shall not be afT'ected by the insolvency or of the State of Minnesota, or a personal bond with bankruptcy of the assured; a clause that any surety at least two (2) sureties, or a surety company bond. bond shall run to the City of Saint Paul for the The liability or indemnity insurance or bond for benefit of any and all judgment creditors; a clause each auto-car or taxicab carrying passengers, as obligating the insurer or surety to give thirty (30) in this chapter specified, shall be in the sum of at days' written notice to the inspector and to the least one hundred thousand dollars ($100,000.00) insured or assured of any cancellation thereof ear- because of bodily injury to or death of one (1) person lier than its expiration date. in any one (1) accident, and subject to said limit for one (1) person, to a limit of not less than three (e) No such bond or policy shall include or con- hundred thousand dollars ($300,000.00) because tain any limitation, condition or clause providing of bodily injury to or death of two (2) or - more in effect that such bond or policy shall not cover persons in any one (1) accident, and in the sum of public vehicles mentioned or described or included at least one hundred thousand dollars therein when such automobiles aze driven, used, ($100,000.00) against loss for damage to the prop- operated or maintained while the driver or occu- erty of any person or persons in any one (1) acci- pants thereof are intoxicated or engaged in the � dent, resulting from the negligent operation, use illicit transportation of liquor; and no such bond or defective condition of any autacar or taxicab; or policy shall contain any limitation, clause or such policy or bond to be in such form as to pra provision whatever excepting and releasing any vide for the payment of any judgment obtained surety or insurer on any such bond or policy from against the insured therein to the extent of the liability thereunder by reason of any such auto- liability therein provided by any person in,jured mobile being driven, used or operated while the by reason of any act of the owner, driver, chauf- driver or occupants thereof are intoxicated or en- feur, manager or other peraons in the operation of gaged in the illicit transportation of liquor. Pro- such vehicle, and for the payment of any judg- vided that nothing herein contained shall be con- ment obtained against the insured therein by the strued to affect the defense of contributory injured person or the representative of any person negligence by the surety on any such bond or killed by such act. Such policy or bond shall have policy. a condition that it cannot be cancelled after a loss has occurred under the policy which will a{�'ect (fl The policy or bond hereinbefore provided for the company's responsibility therefor under this may be originally written or later extended to chapter; and in case of any cancellation, the li- cover, during its term, any additional taxicab cense shall automatically become inoperative and �der the same ownership or control. void, unless another policy or bond is forthwith (g) Any license issued under this chapter shall issued, approved and filed in lieu of such can- terminate whenever during the term of said li- celled policy or bond. cense the owner, lessee, licensee or operator of (b) The inspector may require the licensee to said taxicab shall fail to keep in full force and replace said policy or bond if said inspector shall effect such insurance or bond in the full amount deem said policy or bond unsatisfactory or insuf: hereinbefore required. The licensee must remain ficient for any reason; and the default or refusal of the owner of the public vehicle during the term of the licensee to comply with any such order of the the license, and any change in ownership shall inspector shall be ground for the revocation of the operate as a revocation of the license to operate license of said licensee. Said policy or bond shall such public vehicle. be filed with the inspector. (Code 1956, § 152.06(a); Ord. No. 17458, § 1, 5-28-8?) (c) Every such policy of insurance, or surety bond, shall contain a provision for a continuing Sec. 376.07. Self•insurer. liability thereunder to the full amount thereof, Notwithstanding any other provision of law, the notwithstanding any recovery thereon. applicant or licensee may elect to qualify as a -� `. -'- �� Supp. No. 26 2142 ' � � °IS �� ,, LICENSES § 376.09 � self insurer in lieu of the liability or indemnity the make of car; the engine number; the � insurance policy or bond required by section serial number and the state license number; 376.06. To so elect, the applicant or licensee shall what insurance or bond against personal qualify as a self-insurer pursuant to the Minne- injury or property damage is carried, and sota No•Fault Automobile Insurance Act (Minne. in what amount. If said application is made sota Statutes, Section 65B.48), and shall before by an individual owner, said owner shall the issuance, renewal or transfer of any license is sign and swear to said application; if said approved file evidence satisfactory to the inspector application is made by a partnership, then that the commissioner of insurance of the State of by one (1) of the partners; and if by a cor- Minnesota has approved the licensee's or the ap• poration, then by one (1) of the duly elected plicant's plan of self-insurance under the Minne- officers of said corporation. sota No-Fault Automobile Insurance Act. Any lic- ensee having in force and effect a plan of self- �� Said application shall also include an accu- insurance pursuant to this section shall, before rate and detailed description of the color scheme termination of any such plan, give the inspector of the public vehicle, if it is to be used as a taxicab, written notice, thirty (30) days in advance, of the �cluding inscriptions or monograms thereon, pro- date of such termination. Termination of an ap- Posed to be operated by said applicant, which shall proved plan of self-insurance without having ob- be distinctly different from that of the taxicabs of tained a liability or indemnity insurance policy or a"3' other licensed owner or operator, so that the bond pursuant to section 376.06 shall automati- ownership and identity may be readily ascertained cally revoke all taxicab licenses held by the lic- by the department of police and patrons of any ensee. t�icab, except that one (1) or more applicants (Code 1956, § 152.06(h)) who are members of the same association and who -_ are authorized to use the color scheme of taxicabs, including the inscriptions or monograms thereon, Sec. 376.08. Applicant—R,equirements. of such associations may be licensed to do so when proper evidence of their right from such associa- (a) Each applicant for license to operate for hire tion to use such color scheme and inscriptions or a public vehicle must comply with the following monograms shall be filed with their application; conditions to the satisfaction of the inspector: and it shall be unlawful for the owner of any such {1) Be the state license registered owner or a t��b, or the operator or driver thereof, licensed lessee, if the motor vehicle is the subject of under the terms of this chapter to make any a lease having an initial term of six (6) change whatever in the color scheme of the taxi- months or longer, of the public vehicle. �bs or the inscriptions or monograms thereon without first obtaining the approval of the city (2) Be of the age of eighteen (18) years, or over, council. in the case of an individual, and in the case of any copartnership or corporation, musi (c) Applicants for available public vehicle li- be authorized to operate taxicabs and carry censes shall make application with the license in- on business in accordance with the laws of spector at such time as designated. The license the State of Minnesota. inspector shall provide notice to the public at least thirty (30) days in advance of the designated dead- (3) Must obtain a license for each and every line. � such vehicle to be operated. (Code 1956, § 152.07; Ord. No.17764, § 3, 8-28-90) (4) Must fill out upon a blank form to be pra Sec. 376.09. Vehicles—Requirements. vided by the inspector a statement covering each vehicle to be so licensed, giving full No public vehicle shall be licensed until it has name and address of the owner; the class been thoroughly and carefully examined and found ?�. and passenger-carry►ing capacity of the ve- to comply with the following. , ,. ;� hicle for which a license is desired; the (1) To be in a thoroughly safe condition for the length of time the vehicle has been in use; transportation of passengers, each vehicle i Supp. No. 26 2143 ' . . a S-�� 376.U9 LEGISLATIVE CODE �- .:�. '. shall be inspected at the city service ga- (6) Each taxicab shall be equipped with a top rage, at a cost determined by the license light on the roof of the cab which shall be inspector to be paid by the applicant. The lighted when the cab is in service and avail- inspection shall include, but not be limited able to receive passengers. Such light shall to, inspection of tires, brake system, lights, be visible from all directions. electrical system, steering, wheel align- ment, suspension, exhaust system, engine, (7) Each taxicab shall be equipped with a radio transmission, drive train and frame in ac- or mobile telephone capable of two-way cordance with standards adopted by the in- voice communication with the taxicab lic- spector. Any taxicab owner faili.ng to show ensee's or �liated licensee's base station proof of vehicle passage of the Minnesota from all locations within the city limits. The Motor Vehicle Inspection Program, pur- radio or mobile phone shall be in operation suant to rules established under Minnesota at all times that the vehicle is available for Statutes, Section 116.62, in a period of six service or in service for the purpose of dis- (6) months prior to the September and/or patching taxicabs and receiving calls from April inspection date, shall be required to drivers of such taxicabs. Every taxicab lic- submit the vehicle or vehicles to a similar ensee shall provide twenty-four-hour � emissions test performed at the fire/police taxicab service and twenty-four-hour radio equipment garage at a cost to be deter- dispatch service within the city. mined by the license inspector. If such test shows repairs to be required, the owner (8) The iicense inspector shall make, or have shall order the repairs made by an autha made, by competent inspectors, such exam- rized dealer or licensed repair garage and ination and inspection before a license is the taxicab returned to the city garage to issued. A license shall be refused to any pass inspection. For purposes of this sub- vehicle found to be unfit or unsuited for section, "authorized dealer" shall mean an public patronage. automobile dealership which deals in that (Code 1956, § 152.09; Ord. No. 16874, 1-7-82; Ord. particular make of automobile. No. 16981, 12-7-82; Ord. No. 16992, 1-18-83; Ord. (2) Every public vehicle shall have a means to No.17381, § 1, 7-31-86; Ord. No.17525, § 1,1-6-88; raise and lower windows and to open the Ord. No. 17764, § 4, 8-28-90; Ord. No. 17881, § 4, doors from the inside of the rear passenger 11-?-91; C.F. No. 94-199, § 9, 3•23-94) area, if so equipped by the manufacturer. (3) Every taxicab shall be equipped R�th safety Sec. 376.10. License—Issuance. belts for all passengers in both front and rear seats. (a) Upon satisfactory fulfillment of the require- ments of sections 376.08, 376.09 and the following (4) Every taxicab, except those operated solely threshold criteria enumerated below, it shall be upon the hour basis, shall be equipped with the duty of the license inspector to issue licenses a taximeter in good working order, having to qualified applicants. The threshold criteria shall a light, and sealed, and so placed as to en- be: able the passenger at all times to see the faze registered when operating on the meter � ��iation with a capable service company basis. No taxicab shall be operated except providing radio dispatching, advertising, upon the meter or hour basis. record keeping and other common services (5) There shall be cons icuousl dis la ed in tO a group of taxicab owners and operators P Y P Y using a distinctive color scheme and com- the compartment of the taxicab occupied by pany name. the passenger and on the outside right and left rear doors of the taxicab a pri.nted card ( Demonstration of financial ability to op- or sign showing the rate of fare chazged, as erate taxicab services. . hereinafter provided. (3) Adequate level of past service, if any. ' Supp. No. 26 . 2144 , . . q5-�� - ''��' LICENSES � 376.11 ��.;:�= �' � (b) If there are more license applications than a violation of this chapter and, in addition thereto, available licenses, the license inspector shall rec- shall be cause for the revocation of the vehicle ommend and the city council shall approve those license. applications that meet or exceed the additional criteria set forth in this section: (b) License tags. There shall be delivered to the owner of each and every licensed public vehicle a (1) That the applicant intends to be an owner• metal license tag to be fastened and displayed upon operator and/or the proposed lease rates for the outside of each and every public vehicle so drivers aze comparatively low; licensed, so that said license tag may be plainly (2) Level and quality of past taxi service has `'lsible at all times. Said license tag shall not ex- been good or better; ceed six (6) inches in the longest measurement, and shall bear the license number of the public (3) Drivers are experienced and competent; vehicle and the proper descriptive words, including (4) Age and condition of vehicles (the newer the year for which the license was issued, and the better); and such license tag shall be of distinctly different color for any three (3) successive years. In case (5) Enhancement of competition and innova- any licensee shall lose his or her license or metal tion in the provision of services to the public. license tag or tags, he or she shall forthwith and before doing any furbher business procure a du- (c) The city council shall act on the license in- plicate license or duplicate license tag or tags, as spector's recommendations and approve by reso- the case may be, from the inspector, and shall pay lution, up to the number of authorized unissued for such duplicate license or metal license tag to public vehicle licenses, those applications that said inspector the sum of five dollars ($5.00) for meet or exceed the requirements of this section. each and every duplicate license or metal license Once approved, the license inspector shall then tag so procured. issue each public vehicle license, which shall be in such form as customary. Every taxicab licensee who shall solicit or ac- (Code 1956, § 152.10; Ord. No. 17764, § 5, 8-28-90) cept business on the streets of the City of Saint Paul, or stand and wait for hire on any public street or place in the city, shall have the taxicab Sec. 376.11. R.egulations. license number of said vehicle plainly painted in (a) Trip sheets. Each and every driver of a letters at least two (2) inches in height, with at taxicab or livery car shall keep a trip sheet upon least one-quarter inch stroke, and proper and dis- which shall be noted the startin tinct colors on both sides of such taxicab and on g point and ter- . the rear and approximately at the center thereof, mination of each trip of such vehicle, the amount of the fare charged, whether upon the meter or and no other such number shall appear on the hour basis, and the driver's name and number, sides or rear of such taxicabs which may lead to which sheet shall be retained by the driver of the confusion in quickly identifying such t�-�cab. vehicle if he or she is the owner thereof, and if he (c) Transfer. No public vehicle shall be sold, or she is not the owner, then the driver shall de- leased or transferred except as herein pro��ided liver such sheet to ihe cab-owner, and in either _ nor shall any licensed vehicle be operated by any case, such trip sheets shall be retained for a pe- other person than the licensee or his or her duly riod of sixty (60) days; provided, that if such lic- licensed driver; and provided further, that not ensee is a member of a group operating as an more than one (1) transfer of the same license association under the same name and colors, such shall be made in any one (1) period of ninety (90) trip sheet shall be filed with the manager thereof days. at the office of such association. Such sheets shall (d) Scheduled rates only. No licensee, driver, em- _: be open to the inspection of the chief of police or ployee or member of any such association shall '� `�. �� his or her representatives at all times and failure charge any rate for the carrying of passengers in to make and keep such trip sheets shall constitute any licensed taxicab in excess of that set forth in Supp. No. 26 214� , � q5'-1��? § 376.11 LEGISLATIVE CODE �:--;>_•. V�'• section 376.15, and any deviation from such convey any orderly person or persons upon re- schedule by the licensee or any employee or quest anywhere in the city, unless previously en- member of such association shall constitute a vi- gaged or unable to do so, provided such person or olation of this chapter. persons agrees or agree to pay the legal rate of (e) Meters. No taxicab hired upon a meter basis fare. No driver of a licensed public vehicle shall shall be operated when a taximeter is broken and �'�' �3' other person than the person first em- out of order, or for any other reason does not cor- Ploying the public vehicle without the consent of rectly register the fare to be charged. All taxime- said passenger. ters with which such taxicabs are equipped shall (i) Receipts. The owner, driver, chauffeur or be inspected by the inspector or his or her repre- person in charge or control of a public vehicle shall sentatives before being placed in use under this deliver to the person paying for the hire of the chapter and shall be subject to his or her ap- same at the time of such payment a receipt proval, and when so inspected, such taximeters therefor, if requested by the person making such shall be sealed and a card or certificate showing payment, upon a blank form which is to be pre• inspection and sealing shall be filed with the in- scribed and approved by the license inspector. This spector at the time of the installation thereof. In receipt shall contain in legible type or writing the - the event any taximeter becomes broken or has to name of the owner, the number of the meter, in be repaired or does not register correctly, the same case of an automatic receipt, or the taxicab li- shall be again inspected and again sealed, and a cense number, in the case of a written receipt, the certificate or card of such inspection and sealing total amount paid and the date of payment. shall be filed with the inspector. (j) Solicita,tion of passengers—Regulations for. (fl Computation of charges. When the charge is No person shall solicit passengers for a taxicab to be paid for on the meter basis, charge shall upon the streets and highways of the City of Saint begin at the place where the passenger is received Paul, except the driver of a taxicab when sitting and shall continue until he or she is delivered at upon the driver's seat of his or her vehicle, or a his or her destination. When the charge is to be starter for a hotel in a hotel entrance, but the fact paid for on the hour basis, the ti.me shall begin that such vehicle displays a device to indicate that when the sutomobile is ready at the time and it is not engaged shall not be considered as solic- place requested by the passenger and shall con- iting patronage. The driver of any taxicab shall tinue until the taxicab has been released by the remain on the driver's seat or inside his or her passenger; provided, that when any person shall vehicle at all times when such vehicle is standing engage or hire a taxicab equipped with a taxi- upon the taxicab stands or when actually engaged meter, unless otherwise agreed at the time of in carrying passengers; provided, that nothing in hiring, the fare for such taxicab shall be deter- this section shall be held to prohibit such driver mined and fixed by the taximeter according to from alighting to the street or sidewalk for the rates provided for in this chapter, and provided purpose of assisting passengers into or out of such further, that no driver of any taxicab shall chazge vehicle. more for the use of said taxicab than is shown to be due by said taximeter thereon. �) �i��ng. It shall be unlawful for any person other than the driver or owner of a taxicab (g) Deceptive practices. No person owning or standing upon the public streets to loiter at, within driving any public vehicle shall deceive any pas- or near any t�icab. senger who may ride in any such vehicle as to his or her destination or the price authorized to be «� False representations. It shall be unlawful . charged for such person, or shall convey such pas- for any driver of any public vehicle for the con- senger or cause him or her to be conveyed to a °eyance or transportation of persons to misrepre- place other than that directed by him or her. sent in any manner whatsoever the character of the business engaged in, or being solicited for, or (h) Refusal of service; more than one (I) fare. No to impersonate or attempt to impersonate any - driver of a public vehicle shall refuse or neglect to other driver of any taxicab for the conveyance or - �. Supp. No. 26 2146 I q5-1��7 ��-?;. LICENSES § 376.11 transportation of persons, or any other person, or of this chapter shall permit or allow more persons to convey or transport persons to any place or des- to ride in such vehicle than is provided for by its tination other than the place or destination en- normal seating capacity, nor shall any driver or gaged for. owner permit or allow any person to ride in the No person having chazge of soliciting patronage front seat of any such vehicle beside the driver : for any taxicab shall, for the purpose of securing �'hile engaged in the business of carrying persons � patronage, make any false representations con- for hire at any time when there is unoccupied and ' cerning the ownership or employment of such available any seat in the rear of such vehicle, ex- taa�icab. cept persons with disabilities as defined in section i 376.02 of this chapter. In no event shall more than (m) Manner of solicitation. It shall be unlawful one (1) person, in addition to the driver, be per- for any driver to solicit patronage in loud, noisy or mitted in the front seat of such vehicle. boisterous tone of voice, or manner, or to lay hands � upon the person or baggage of any person without (r) Employment of driuers. No person possessing the consent of such person, or to obstruct the move- one (1) or more public vehicle licenses under this ment of any person or to follow any person for the chapter shall employ or contract with any other purpose of soliciting patronage. person for the driving or operation of any such public vehicle without first making diligent in- (n) Interference with other drivers. It shall be quiry into the character and background of such unlawful for any driver of any public vehicle to other person. Without being limited by reason of scuffle or crowd about or to interfere with any the specificity herein, such inquiry shall include other driver with whom any person is negotiating p�t employment, any relevant medical history, or inquiring about the transportation of persons criminal convictions, addiction to or abuse of al- or baggage. __ cohol or any controlled substance, and any other (o) Use of cab for improper purposes. It shall be matter relevant to the protection of the public unlawful for the driver of any public vehicle to health, safety and welfare, such that the public permit any person to occupy or use such vehicle will not be unreasonably exposed to any danger in for the purpose of prostitution, lewdness or assig- their use of public vehicles. In addition, effective nation, or to direct, take or transport, or offer or January 1, 1991, and thereafter, no person pos- agree to direct, take or transport, any other person sessing one (1) or more public vehicle licenses with knowledge or reasonable cause to �ow that under this chapter shall employ or contract with the purpose of such directing, tal�ng or trans- any other person who does not possess all legally porting is prostitution, lewdness or assignation. required licenses. Any violation of this pazagraph by the driver of (s) Taxi stands. The director of the department ' any public vehicle shall be su�cient ground for of public works shall, from time to time, designate the revocation of any license issued for the oper• certain portions, other than sidewalks, of public ation of such vehicle. highways in said city to be used and :�:,own as (p) Lost articles. Whenever any package or az- public taxicab stands. Such stands shall be equally ticle of baggage or goods of any kind shall be left free and open to access to all vehicles whose owners in or on any taxicab, or when any such package or are licensed under the provisions of this chapter. article shall be left in the custody of the driver of All such stands shall be plainly marked as public any vehicle, such driver sha:l, upon the discovery taxicab stands. No motor vehicle other than a of such package or article, forthwith deliver the taxicab licensed for use of such stand shall make same at the central police station of said city into use of any such public taxicab stand. the hands of the offcer in charge of said station, (t) Safe and legal operation. Every taxicab driver unless such package or article shall be sooner de• shall operate his or her taxi in accordance with livered to the owner thereof on order of said owner. the laws of the state and the city, and with due ::� (q) Crowding prohibited. No driver or owner of regard for the safety, convenience and comfort of any public vehicle licensed under the provisions passengers and the general public. Supp. No. 26 2147 ' � . as-��1 § 376.11 LEGISLATIVE CODE �� ' (u) Driver appearance Every taxicab driver, there shall be posted in a conspicuous place in the � while on duty, shall keep a clean and well-groomed inside of the taxicab and on the outside right and appearance. left rear doors of the taxicab a card on which shall (v) Number to ca.11. The license inspector shall be printed in plain, legible type, the rates of fare � provide a card to be conspicuously placed in every Provided for herein and reference to the ordinance licensed taxicab that shall be plai.nly visible to by number. i passengers that identifies the number of the Mayor (d) Taximeter. It shall be the duty of the oper- 's, and Council Information and Complaint Office and ator or driver of every taxicab, at the termination solicits the opinions of the public in regard to taxi of his or her service or trip, to throw the tlag of � 1 service in the City of Saint Paul. said taximeter to a nonrecording position on the (Code 1956, §§ 152.11, 152.12, 152.14, 152.17— taximeter and call the passenger's attention to 152.22, 152.24-152.31, 152.41; Ord. No. 16992, the amount of the fare registered. The taximeter 1-1-83; Ord. No. 17764, § 6, 8-28-90; Ord. No. shall not be changed so as to destroy the amount � 17817, § 2, 4-11-91; C.F. No. 94199, § 11, 3-23-94) of the fare registered until after the fare is paid or � Crosa refereace—Solic�tation to vice, § 272.0� et seq. a charge ticket therefor made out and delivered to the person hiring such taxicab. , Sec. 376.12. Ta�cabs—R.egulations. No driver or operator of any taxicab shall permit ta) Taxicab defzned. The term "taxicab," when- any person to ride thereon or therein, without the ever and wherever used in this section, shall be consent of the owner thereof, when the flag is up held to mean and embrace all motor vehicles as or toward a vertical position where the fare is not ; defined by the laws of the State of Minnesota, the being recorded on the taximeter, and no person � rental for wluch is computed from the distance shall tamper with, break or mutilate any taxi- � traveled by means of a taximeter attached thereto; meter or its attachments with the intention of the term "taximeter" shall be held to mean and �using the same to register improperly, incor- embrace any instrument or device attached to a rectly or inaccurately. motor vehicle designed or intended to mechani- cally measure the distance traveled, to record the w�ting time shall include the time during time said vehicle is waiting, and upon which said �'�'�ch the taxicab is not in motion, beginning with taximeter there shall be a record indicati,ng, by its arrival at the place to which it has been called, means of figures or designs, the amount of the �r the time consumed while standing at the direc- fare. tion of the passenger, but no charge shall be made for the tune lost due to the inefficiency of the (b) Taximeters required. All taxicabs shall have taxicab or its operator or for the time consumed affixed thereto a taximeter, and no person, firm or by premature arrival in response to a call. corporation owning or operating any taxicab shall offer or let the same for hire or reward, anywhere �e) Rules to determine time. When the charge is within the City of Saint Paul, unless the taxi- � be paid on the meter basis, the charge shall meter does properly and correctly register, indi• begin at the place where the passenger is received . cate or display the amount of the fare according to and shall continue until he or she is delivered at the distance traveled and the time consumed. his or her destination, excepting as hereinbefore or hereinafter provided. When the charge is to be (c) Register of taximeter visible to passenger. paid for on the hour basis, the time shall begin Every taximeter shall be connected and affixed to when the motor vehicle is ready at the time and the taxicab so that the amount of faze determined place from which it has been called by the pas- and charged for its use shall be plainly visible to senger and shall continue until the passenger has all passengers or occupants of the taxicab and from been discharged and until the car shall have had one (1) hour after sunset to one (1) hour before time thereafter to return to the place from which � sunrise shall have the face of said taximeter illu- it has been called by the most direct route, and at mined so as to make plainly visible the amount of the maximum speed permitted by law; provided, �' - the faze determined and charged for its use, and that when any person shall engage or hire a � � `� Supp. No. 26 2148 � . qs-�� /: _;��:;°� LICENSES $ 376.13 taxicab, unless otherwise agreed at the time of (3) Penalty: Failure by an owner to submit each hiring, the fare for such taxicab shall be deter- and every licensed taxicab for a periodic mined by the taximeter according to the rates pro- inspections at an authorized inspection sta- vided for in this chapter; and provided further, tion and/or for a biannual inspection by the that no driver of any taxicab shall charge more fire/police equipment services garage shall for the use of said taxicab than is shown to be due result in the following: upon the face of said taximeter. a. The license inspector shall seize the li- (fl Deceit as to direct route. No person owning or cense plates of each and every unin- driving or operating any motor vehicle used for spected taxicab; carrying passengers for hire shall deceive by trick b. The license inspector shall hold the or device any passenger who may ride in any such seized license plates until the taxicab motor vehicle or who may desire to ride in any is inspected and found to be in a safe such motor vehicle as to his or her destination or condition by an authorized inspection the price authorized by ordinance for such person, station or the fire/police equipment ser- or shall convey such person or cause him or her to vices garage or until action of the be conveyed to a place other than that directed by council as provided for herein; and him or her, or in any other manner convey such c. Immediately after such seizure, the in- person to the place directed by hun or her except spector shall notify the licensee, speci- by the shortest and most direct route. • fying in detail the cause for seizure, (g) Intoxication o f driver. No driver or operator and stating that the licensee has a right of an motor vehicle used for to a hearing on the seizure. The hearing Y carryingpassengers shall be held at the next license for hire shall be found to be or known to be in a meeting of the city council after the state of intoxication while on duty as such driver. receipt of a written request for hearing (h) Inspections: unless a later hearing is requested by (1) Biannual inspections: Any taxicab owner the licensee. After such hearing, the shall submit each and every licensed council shall determine whether the taxicab to biannual inspections in the plates shall still be held and whether months of September and April. The inspec- such license shall be revoked. tions shall be carried out at the fire/police (Code 1956, §§ 153.01-153.08; Ord. No. 16874, equipment services garage located at 1675 1'�'g2� Ord. No. 16992, 1-18-83; Ord. No. 16993, Kasota Street, Saint Paul, at a cost of 1-18-83; Ord. No. 17075,11-17-83; Ord. No: 17i64, eighty-five dollars ($85.00) per uait to be § 7� $'2$'90; Ord. No. 17873, § 2, 9-24-91; C.F. No. paid by the licensee. If the inspection shows � 94-199, § 12, 3-23-94) repairs to be required, the owner shall order the repairs made by an authorized dealer Sec. 376.13. License—'I�ansfers. or licensed repair garage and the taxicab � �y public vehicle license issued under the returned to the city gazage to pass inspec- tion. For purposes of this subsection, "au- Provisions of this chapter may be transferred from thorized dealer" shall mean an automobile one (1) vehicle to another for the balance of the dealership which deals in that particular license period upon a written application to the make of automobile. inspector, signed by the licensee holding the li- cense desired to be transferred, together with the (2) Periodic inspections: The license inspector payment to said inspector, for the use of the City shall reserve the right to examine and in- of Saint Paul, of the transfer tax in the amount spect each and every licensed taxicab at any provided under section 310.11 of the Code. The time. The intent of such an inspection is to applicant for such transfer shall make applica- - ensure compliance with all applicable safety tion, setting forth the information required by sec- ��', ''� requirements of the State of Minnesota and tion 376.08, and shall present therewith a policy �� the rules established herein. of insurance or bond approved in the manner re- Supp. No. 26 � 2149 � . as-��,� § 376.13 LEGISLATIVE CODE �—;, • a: quired by section 376.06. In the event such appli- (b) Failure to operate vehicles. Whenever any cation is accompanied by a transfer of such policy person, firm, copartnership or corporation holding of insurance or bond covering the first vehicle, one (1) or more licenses for public vehicles for hire such transfer shall contain a clause providi.ng that shall, for a period of thirty (30) days consecu- the same shall not release the principal or surety tively, fail to make a reasonable and consistent from any liability resulting from the operation of effort to operate such vehicles, except on account the vehicle formerly covered under such policy, of an emergency over which the licensee has no up to and including the date of such transfer. Upon control, the city council, upon hearing after five fulfillment of said provisions, the inspector shall t5) days' notice to the owner or operator, shall issue the necessary license. Every such transfer revoke all licenses covering such vehicles. shall be endorsed upon the original license and a �c) Unsafe vehicles. In any case where the in- record thereof made by the inspector. spector determines, on the basis of an inspection (b) Notwithstanding the provisions of any other of a taxicab, that use of the taxicab for public ordinance to the contrary, a public vehicle license patronage constitutes a serious threat to the public shall not be transferable from person to person on health or safety, or the health or safety of passen- and after January 1, 1993. gers, the inspector may suspend the license issued (Code 1956, § 152.13; Ord. No. 17698, § 1, 11- to that vehicle and seize the license plates of that � 21-89; Ord. No. 17764, § 8, 8-28-90) vehicle. Such suspension shall last until the con- dition causing the threat t� health or safety is Sec. 376.14. Same—R.evocation. corrected to the satisfaction of the inspector, or (a) Revocation for cause; failure to pay judg- until action of the council as provided for herein. ment. Public vehicle licenses may be revoked by Immediately after such seizure or suspension, the the city council at any time for cause, after inspector shall notify the licensee, specifying in hearing, and shall be revoked upon it appeari.ng detail the cause for the seizure or suspension, and to the council that any licensee of any public ve- stating that the licensee has a right to a heazing hicle shall have failed to pay within ninety (90) on the suspension. The hearing shall be held at days after the time to appeal has expired from the next license meeting of the city council after any judgment against said licensee for damage to the receipt of a written request for hearing unless person or property resulti.ng from the negligent a later hearing is requested by the licensee. After operation, use or defective condition of any such such hearing, the council shall determine whether public vehicle, there being no appeal taken from such suspension shall continue or not, or whether. such judgment; and in case an appeal is taken, such license shall be revoked. shall have failed to pay within ninety (90) days (Code 1956, §§ 152.15, 152.16, 152.10) after the determination of the appeal any such judgment for damages to person or property re sulting as aforesaid. Sec. 376.15. Fares and charges; regulations. Where such revocation is for failure to pay any �a) Fares No person, firm or corporation such judgment, any and all other public vehicle owning, operating or controlling any motor ve- licenses issued to the judgment debtor for other hicle operated and licensed as a taxicab shall vehicles shall likewise be revoked. When the li- charge any other rate except as herein provided: cense is revoked, notification of the same shall be (1) The rate of fare for taxicabs operating forwarded by the inspector to the director of the within the city shall be one dollar and department of police, and the taxicab or taxicabs eighty cents ($1.80) for the first one- shall not be allowed to operate thereafter, nor shall thirteenth (�/�s) of a mile. The rate for each any new license be issued to the judgment debtor additional mile beyond the first mile shall while any such judgment remains unsatisfied. The be one dollar and thirty cents ($1.30). All inspector shall keep a complete record of each fares for distances greater than one (1) mile taxicab license issued and all renewals and revo- shall be calculated in ten cent ($0.10) incre- cations thereof. � ments of one-thirteenth {'ha) of a mile. The '�� i Supp. No. 26 2150 . . ��-�`l� ;:: ��!, 1 LICENSES § 376.16 ; ::) minimum and per-mile rates shall be posted "Waiting time after engagement" shall mean on the outside right and left rear doors of the time a cab is not in motion at the request of the taxicab and inside the passenger com- the passenger or passengers after the cab has com- partment in the following manner and of inenced the transportation of such passenger or sufficient size and shape so as to be clearly passengers. legible: Taxicab Fazes (d) Hourly rates. Nothing herein contained shall 1 prevent any person from making an agreement $1.80 lst /is Mile with the operator of a taxicab to furnish transpor- Ten Cents Each 1 /�3 Mile Thereafter tation at a rate to be agreed upon between them (Minimum Fare $3.00) for an hour, day, week, month or longer period, (2) No greater or lesser fare for the operation except that when furnished by the hour, the min- of such taxicabs, than as described in sub- imum rate shall be six dollars ($6.00), but the section (1) above shall be chazged by the person with whom the operator of a taxicab makes operators thereof; provided, however, that such agreement shall not be permitted to hire out discounts of up to fifteen (15) percent may the vehicle to any other person. be applied to the total fare on the following (Code 1956, §§ i54.01-154.04; Ord. No. 16982, conditions: 12-7-82; Ord. No. 16996, 2-3-83; Ord. No. 17467, § a. Such discounts aze clearly posted in- 1, 6-18.87; Ord. No. 17838, § 1, 6-4-91; Ord. I`'o. side the passenger compartment of the 17881, § 5, 11-7-91; C.F. No. 94-199, § 15, 3-23-94) taxicab; b. Such discounts may be given only to Sec. 376.16. Taxicab driver's license. persons in one (1) or more of the fol- lowing groups: (a) License required. Effective March 15, 1991, no person shall drive a taxicab, nor shall any 1. Senior citizens (age 55 or older); owner or lessee of a taxicab allow any other person 2. Persons with disabilities; and to drive a taxicab, within the City of Saint Paul 3. Officers and employees of busi- unless that person has first obtained a taxicab nesses located within the city driver's license under the provisions of this Code. whose volume use of taxicabs is sig nificant. (b) Drivers from other cities. Any driver licensed to operate a taxicab in another city may carry (3) No extra fare shall be chazged by the owner passengers from that city to any place within the or operators of such taxicabs for additional City of Saint Paul and may freely enter and travel passengers. upon the streets for that purpose. In that case, it (b) Waitingtime. Chargesforwaitingtimeshall shall not be deemed necessary for the taxicab not exceed the following. driver to obtain a Saint Paul license but the driver (1) For each hour of "waiting time at address," shall not be permitted to accept or offer any pas- eighteen dollazs ($18.00). senger for hire in the City of Saint Paui, or uth- erwise operate a taxicab within the city without (2) For each two (2) minutes of "waiting time first obtaining a license under the provisions of for engagement," fifty cents ($0.50); pro- this Code. While within the city the taxicab driver vided, that no charge shall be made for the shall be required to observe all of the applicable time lost on account of inefficiency of any regulations and conditions of this section and shall taxicab or its operation, or time consumed have in possession and display to any person upon by premature response call. demand the iicense cert�cate for the taxicab. (c) "Waiting time" defined. "Waiting time at (c) License application. Every applicant for a address" is herein defined to mean the time be- taxicab driver's license shall file an application __ ginning when a cab azrives at an address to which with the license division. The application shall be it has been called, and ending when it departs made on a form provided by said division, con- �� from such address. taining such information as the license inspector Supp. No. 26 2150.1 � - �15-1�1� § 376.16 LEGISLATIVE CODE "- ' •.'� :� ., . may require, including, but not li.mited to, a com- (5) Shall have a driving record meeting the fol- • plete employment history, to verify that the terms lowing standards: and conditions of this chapter have been met. The a. No convictions in the last five (5) years application shall be signed and sworn to by the for any of the following offenses in- applicant. Prior to the issuance of the license, volving injury or death; no conviction every licensee shall be photographed. The chief of in the last three (3) years for any of the police or his representative shall investigate each applicant and shall forwazd the results of the ap- following offenses not involving injury plication to the license inspector. Any false state- or death: ment on the application shall be grounds for de- 1. Leaving the scene of an accident; nial, refusal to renew or revocation of a license. 2. Driving under the influence of an To receive a taxicab driver's license by March 15, alcoholic beverage or drug; or 1991, the applicant must, in addition to meeting 3. Reckless or careless driving. the other requirements of law, file the application b. For original licensure: No more than with the division by November lb, 1990, for four (4) moving violations within the drivers whose last names begin with the letters A last three (3) years, and no more than through and including F; December 15, 1990, for two (2) moving violations in the last drivers whose last names begin with the letters G through and including L; January 15, 1991, for Year. For renewal: No more than four drivers whose last names begin with the letters M (4) moving violations within the last throu h and includin R• Febru three (3) years and no more than three g g, ary 15, 1991, for (3) moving violations in the last year. drivers whose last names begin with the letter S Moving violations shall mean for this through and including the ietter Z. • subsection those violations specified (d) License fee. Each applicant for a taxicab driv- above in subsection (5)a. above, and er's license shall, at the initial time of filing his or speeding violations involving speeds fif- her application, pay a nonrefundable license fee teen (15) miles per hour or more in ex- of twenty-�ve dollazs ($25.00). � cess of the speed limit. (e) Prerequisites to license. Eligibility to be li• c. Every new applicant shall have at least censed to operate a taxicab shall be as follows: one (1) year's driving experience as a licensed driver. Such prior driving ex- (1) Possess a valid Minnesota driver's license; perience shall be verified by an �• (2) Be at least eighteen (18) years old; davit signed by a reputable person and submitted with the license application. (3) Be a citizen of the United States, or an alien d. Upon submission of proof of suitability admitted for permanent residence, or who and evidence of insurability, the license has otherwise obtained work authorization inspector may waive one (1) or more of from the U.S. Immigration and Naturaliza- the requirements listed above; pro- tion Service; vided, that any such waiver shall indi- (4) Shall have no felony convictions in the last cate the grounds for the inspector's de- five (5) years; shall have no nontr�c gross cision and shall be approved by the misdemeanor or misdemeanor convictions director of the department of finance in the last three (3) years involving the use and management services. or threat of use of force, possession or sale �6) Have a demonstrated knowledge of the pro- of a controlled substance, prostitution or in- visions of the taxicab ordinance relating to decent conduct. The license inspector may the conduct of taxicab drivers and the op- grant, pursuant to state statute, an excep- eration of a taxicab. tion to the above provisions upon evidence that the offense is not related to the occu- (fl Duty to exhibit license. Effective March 15, � pation of taxicab driver. 1991, every taxicab driver while on duty shall ��: �.�. : Supp. No. 26 2150.2 � f �5_ • ,l:"�� LICENSES § 376.16 ,�. �••-:�. µ display the front of his or her taxicab driver's li- of time has elapsed, that period of time shall not cense on the dashboazd of the vehicle in a location commence until the taxicab driver's license has readily visible to passengers, which license dis• been returned to the license division. plays the driver's photograph and license number (k) Revocation ofMinnesota driver's license; lim- on the front in a manner approved by the license ited licenses; alcohol-related driving conviction: inspector. In addition to any other penalties, a deputy inspector or police officer may order the � �Y person holding a taxicab driver's li- licensee to discontinue operations until such time cense whose Minnesota driver's license is as the licensee has a license in possession. suspended, cancelled or revoked for any reason, shall immediately surrender his or (g) Issuance of license. Each taxicab driver's li• her taxicab driver's license to the license cense shall have upon it a number by which the division. The taxicab driver's license shall license shall be designated, a photograph of the be returned to the licensee upon reinstate- licensee, and such other information as the li- ment of the Minnesota driver's license or cense inspector may require. The license inspector issuance of a limited license authorizing op- may issue licenses for a term of less than one (1) eration of a taxicab; provided, however, that year for a prorated initial fee in order to evenly suspension, cancellation or revocation of a distribute license expiration dated throughout the Minnesota driver's license due to refusal to ye �, submit to a legally required blood alcohol test under the state implied consent statute (h) Requirement of valid Minnesota driver's li- shall be grounds for the revocation, nonis- cense. Any time that a licensee's Minnesota driv- suance or nonrenewal of the taxicab driv er's license is suspended, revoked or cancelled, his er's license. or her taxicab driver's license shall likewise be (2) �y licensed taxicab driver whose Minne- immediately suspended; revoked or cancelled. No sota driver's license has been revoked and person shall operate a taxicab without a valid Min- who has been issued a limited license au- nesota driver's license. thorizing the operation of a taxicab shall (i) Renewals. A taxicab driver's license shall be �mediately notify the license division of issued annually. The license inspector may cause the same. At that time, the licensee shall the renewal of a taxicab driver's license from year furnish to the license inspector a copy of the limited license and a written statement to yeaz by appropriate endorsement upon the ap- containing a schedule of the days and hours plication for renewal and payment of an annual of each day during which he or she will be fee of twenty dollars ($20.00). The driver shall ��ng a taxicab during the term of the make such renewal application upon a form to be limited license. No deviation from the furnished by the license division. The renewal form schedule shall be permitted. In addition, the shall be filled out with the full name and address licensee shall personally furnish to the li- of the applicant, together with the date and cense inspector copies of all trip sheets for number of the original license. If a driver has not all shifts worked during the terr.. of *_he been licensed in the previous license year, he or limited license. she shall be considered a new applicant. �g� � person holding a taxicab driver's li- (j) Suspension, revoca.tions and nonrenewal. A cense shall notify the office of license, in- taxicab driver's license may be revoked, suspended spections and environmental protection or not renewed by the license inspector at any (LIEP) immediately whenever he or she is time for cause pursuant to the provisions of this convicted of an alcohol-related driving of- chapter and Chapter 310 of the Legislative Code. fense, whether or not it involves the oper- When a taxicab driver's license has been revoked ation of a taxicab. or suspended, it shall immediately be returned to _ ____ the license division. If the city council stipulates `:.`�� that a licensee whose taxicab driver's license has � t� been revoked may reapply after a specific period Supp. No. 26 2150.3 ' ; as>>�� § 376.16 I.EGISLATIVE CODE ,-^-�: :., a: (4) Failure to comply with the provisions of this section shall be grounds for revocation of a taxicab driver's license. (Ord. No. 17767, § 1, 9-1&90; C.F. No. 94-199, § 16, 3-23-94) Chapter 377. Lawn Fertilizer and Pesticide Application* Sec. 377.01. Definitiona. For the purposes of this chapter, the terms de- fined in this section have the meani.ngs ascribed to them: Person means any person, firm or corporation engaged in the business of lawn fertilizer or pes- .. ticide applications and includes those persons li- censed by the State of Minnesota pursuant to Min- nesota Statutes, Section 18A-21 et seq. Pesticide means any substance or mixture 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. Environmental Protection Agency, any agency later assuming reg- istration in the U.S. federal government, the State of Minnesota Agricultural Department, or any other State of Minnesota government agency. (Ord. No. 17299, § 1, 10-15-85) Sec. 377.02. License reqnired; council ap- proval. (a) No person shall engage in the business of lawn fertilizer or lawn pesticide application in Saint Paul without a license issued by the City of Saint Paul. � 'Editor's note—Ordinance No. 17299, adopted Oct. 15, 1985, amended the Legislative Code, but did not provide for a specific manner of inclusion of its provisions therein. At the editor's discretion, therefore, §§ 1-6 of Ord. No. 17299 hsve been included herein as a new Ch. 377, §§ 377.01-377.06. Cross reference—For provisions pertafning ta health, san- itation and disesse, see 15t1e XXI. , `� _ Supp. No. 26 2i50.4 I �� OFFICE OF THE CITY ATTORNEY�� ' l /1 Timothy E. Mar.K CityAaorney . \ C l 1 Y �F' .�t`i.11r 1 I'��1.� i ;•�,� Civi! Division Nonrt Coleman. Mayor � 400 City Hal! Telephone: 612 266 f�� illt 1 � ', Ps r �� L I �;! � L z. IS West KeUogg Blvd Facsimi/e: 612 298-5619 Saint Pau� Minnesota 55102 i.ii� � � i 3 -- �� ,• i�I:ty''��_4v„ Jt�ly 7, 1995 � NOTICE OF HEARING Michael S. Hickes 1171 East Lawson Avenue Saint Paul, NIlJ 55106 RE: All licenses held by Michael S. Hickes, for Taxicab License Driver - Dear Mr. Hickes: Please take notice that a hearing will be held at the following time, date and place concerning all licenses for the premises stated above : Date: Auqust 9, 1995 Time: 9:30 a.m. Place: Room 42 St. Paul City Hall 15 W. Relloqq Blvd. Saint Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: John H3rriqaa Office of Administrative Hearinqs 10o Washinqton Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 872-0222 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. - -� �'� �5-�� Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as follows: ��That on May 20, 1995, you picked up a qroup of fares to take to the Mall ot America. At the time you were under the influence of alcohol. You did not take them to the Mall of America, but stopped at a Total Mart on West Seventh Street in Saint Paul. On the way to the Total Mart you enqaqed in indecent sexual conduct by unlawfully touchinq and qrabbinq one of the passenqers without her consent. At the Total Mart you also assaulted another passenqer. You attempted to ask for additional money for the fares, and then left tbe passenqers at the Total Mart. The above conduct is a violation of law, and constitutes qrounds under Section 310.06 and 3?6.i6 of the 8aiat Paul Leqislative Code tor revocation of your license. �� You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney 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 attorney may cross-examine. The Administrative Law Judge may in addition 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 example, the owners �r occupants of property located in 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 Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You 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 attorney contact the * - [' ` > . - J'� ( 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 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, subdivision 2. Very truly yours, _ � Philip B. Byrn Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Frank Staffenson, Deputy Director, LIEP Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Mpls, MN 55401 Sue Vannelli, Community Organizer, Payne Phalen District 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101 STATE OF MINNESOTA �S"1�1� OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South : :. Minneapolis, Minnesota 55401-2138 August 2, 1995 Peter P. Pangborn Paralega Saint Paul City Attorney's Office � 400 City Hall 15 West Kellogg Boulevard St. Paul, Minnesota 55102 Re: Taxicab License of Michael S. Hickes Your File No. G95-0248 OAH Docket No. 60-2101-9865-2 Dear Mr. Pangborn: In accordance with your request of July 31, 1995, enclosed are subpoenas requiring the attendance of certain witnesses at the hearing in the above-referenced matter. Yours very truly, ! � U �� KEVIN E. JOHNSON Chief Administrative Law Judge Telephone: 612/341-7640 sh Enc. Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fax No. {612) 349-2665 �5 �� STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS � :' HEARING SUBPOENA TO: Sergeant Robert J. Weston St. Paul Police Department 100 E. 11 th Street St. Paul, MN 55101 GREETINGS: YOU ARE HEREBY COMMANDED to lay aside all your business and excuses and to appear before John Harrigan of the Office of Administrative Hearings of the State of Minnesota, at the St. Paul City Hall, Room 42, 15 West Kellogg Boulevazd, in the City of St. Paul, RamseyCounty, Minnesota, on the 9th day of August, 1995 at Q;�Qo'clock in the forenoon, to appeaz as a witness in the matter of the Taxicab Lice se of Michael Hicke�; OAH Docket No 60-2101-9865-3. YOU ARE FURTHER COMMANDED to bring and have with you, to be used as evidence in the hearing, if required, the following:. Please take notice that, pursuant to Minn. Rule, 1400.7000, subp. 3, upon motion made promptly, and in any event before the time specified in the subpoena for compliance, the Administrative Law Judge assigned to this case may quash or modify and subpoena which is found to be unreasonable or oppressive. Pursuant to the authority granted at Minn. Sta� § 14.51, Witness, the Honorable Kevin . Johnson, Chief Administrative Law Judge, at Minneapolis, Minnesota this of A��, 1995 KEVIN E. JOHN Chief Administrative Law Judge 612/341-7600 Subpoena requested by: Peter P. Pangborn (612)266-8710 �IS-1�� STATE OF MINNESOTA OFFICE OF ADMIlvISTRATIVE HEARINGS � : HEARING SUBPOENA TO: Officer Scott J. Braski St. Paul Police Department 100 E. 11 th Street St. Paul, MN 55101 GREETINGS: YOU ARE HEREBY COMMANDED to lay aside all your business and excuses and to appear before John Harrigan of the Office of Administrative Hearings of the State of Minnesota, at the St. Paul City Hall, Room 42, 15 West Kellogg Boulevard, in the City of St. Paul, RamseyCounty, Minnesota, on the 9th day of August, 1995 at Q�Qo'clock in the forenoon, to appeaz as a witness in the matter of the Taxicab License of Michael S Hickes; O�H Docket I`To 60-2101-9865-3. YOU ARE FURTHER COMMANDED to bring and have with you, to be used as evidence in the hearing, if required, the following:. Please take notice that, pursuant to Minn. Rule, 1400.7000, subp. 3, upon motion made promptly, and in any event before the time specified in the subpoena for compliance, the Administrative Law Judge assigned to this case may quash or modify and subpoena which is found to be unreasonable or oppressive. Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the Honorable Kevin E. Johnson, Chief Administrative Law Judge, at Minneapolis, Minnesota this � of ��, 1995 KEV E. O ON Chief Administrative Law Judge 612/341-7600 Subpoena requested by: Peter P. Pangbom (612)266-8710 qs-��i� ,: ,�. . � STATE OF MINNESOTA �. OFFICE OF ADMI1�tISTR.ATIVE HEARINGS : HEARING SUBPOENA TO: Taza K. King 15 1 st Avenue S. W. Elgin, MN 55932 GREETINGS: YOU ARE HEREBY COMMANDED to lay aside all your business and excuses and to appeaz before John Harrigan of the Office of Administrative Hearings of the State of Minnesota, at the St. Paul City Hall, Room 42, 15 West Kellogg Boulevazd, in the City of St. Paul, RamseyCounty, Minnesota, on the 9th day of August, 1995 at Q;�Qo'clock in the forenoon, to appeaz as a witness in the matter of the Taxicab L.icense of MichaPl Hicke ; O H Docket No 60-2101-9865-3. YOU ARE FURTHER COMMANDED to bring and have with you, to be used as evidence in the hearing, if required, the following:. Please take notice that, pursuant to Minn. Rule, 1400.7000, subp. 3, upon motion made promptly, and in any event before the time specified in the subpoena for compliance, the Administrative Law Judge assigned to this case may quash or modify and subpoena which is found to be unreasonable or oppressive. Pursuant to the authority granted at Minn. Stat. § 14.51, Wimess, the Honorable Kevin E. Johnson, Chief Administrative Law Judge, at Minneapolis, Minnesota this �_ of A��, 1995 KEVIN E. JOHNSON Chief Administrative Law Judge 612I341-7600 Subpoena requested by: Peter P. Pangborn (612)266-8710 q5-��1� � .� STATE OF MI]vNESOTA OFFICE OF ADMINISTR.ATIVE HEARINGS � �. HEARING SUBPOENA TO: Marie Jorgensen Rt. 1, Box 840 Stewartville, MN 55976 GREETINGS: YOU ARE HEREBY COMMANDED to lay aside all your business and excuses and to appeaz before John Harrigan of the Office of Administrative Hearings of the State of Minnesota, at the St. Paul City Hall, Room 42, 15 West Kellogg Boulevard, in the City of St. Paul, RamseyCounty, Minnesota, on the 9th day of August, 1995 at Q�,Q..o'clock in the forenoon, to appeaz as a witness in the matter of th� Taxicab icense of l��ic ael HickeG; O�H Do�ket l�To 40-2101-9865-3. YOU ARE FURTHER COh�VIANDED to bring and have with you, to be used as evidence in the hearing, if required, the following:. Please take notice that, pursuant to Minn. Rule, 1400.7000, subp. 3, upon rnotion made promptly, and in any event before the time specified in the subpoena for compliance, the Administradve Law Judge assigned to this case may quash or modify and subpoena which is found to be unreasonable or oppressive. Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the Honorable Kevin E. Johnson, Chief Administrative Law Judge, at Minneapolis, Minnesota this � of August, 1995 � KEVIN E. JO ON Chief Administrative Law Judge 612/341-7600 Subpoena requested by: Peter P. Pangbom (612)266-8710 q�-�117 � . . � STATE OF MINNESOTA OFFICE OF ADMII�TISTRATNE HE�!►.RINGS � . • • ` HEARING SUBPOENA TO: Debbie Axtell GREETINGS: YOU ARE HEREBY COMMANDED to lay aside all your business and excuses and to appear before John Harrigan of the Office of Administrative Hearings of the State of Minnesota, at the St. Paul City Hall, Room 42, 15 West Kellogg Boulevard, in the City of St. Paul, RamseyCounty, Minnesota, on the 9th day of August, 1995 at Q;�Qo'clock in the forenoon, to appear as a witness in the matter of th� Taxicab Lic�nse of h�:ichael Hicke ; OAI� Docket No 60-2101-9865-3. YOU ARE FURTHER COMMANDED to bring and have with you, to be used as evidence in the hearing, if required, the following:. Please take notice that, pursuant to Minn. Rule, 1400.7000, subp. 3, upon motion made promptly, and in any event before the time specified in the subpoena for compliance, the Administrative Law Judge assigned to this case may quash or modify and subpoena which is found to be unreasonable or oppressive. Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the Honorable Kevin E. Johnson, Chief Administrative Law Judge, at Minneapolis, Minnesota this � of Aug�st 1995 KEVIN E. J SON Chief Administrative Law Judge 612/341-7600 Subpoena requested by: Peter P. Pangborn (612)266-8710 OF1'ICE OF TNE CI7Y ATTORNE�' �"_�� rmodry 6. Afarx, C'in� itrtonuv CITY U�' SAINT PAUI c�.�r, n�,��n Nonn Colcmar� Mayor 400 Ciry Na1! Telephane: 612 ?h�i-871 a I S li esi KeUo� L3h d. Fauirnik: 612 29d-5619 Sall'.t Puul, hlirrncsota 3�10: July 31, 1�y5 VIE1 FAX AN D U.S. MAIL Judr;c John �i.�rriKan S /5 Uf�ce of Adtninistrative Hearings ${� 100 Washi►igtou Square, Suite 1700 \ �o� p,� Minne�tpolis, Minnesota 55401-2138 � F' �'� RL: In re The Taxicab License of Michael S. Hickes 0� � LiC�'I1SC [D No. 46479 � � � ��` Our File Number: G95-0248 �� A ✓ �� 0 Y y �I � �� Dear Judge Harrigan: � a , The purpose o£ this letter is to request subpoenas pursuant to Mirulesota Rules, p�rt 1400.7000 relating to the above-mentioned concested case hearinp that is scheduled to be heard before you on Wednesday, Au�ust 9 1995 This request is made of behalf of Ms. J aiiet Reiter, the attorney assigned to this matter. The City of St. Paul License Division will be calling these witnesses to testify regaxding the incident which serves as a basis for the action against the taxicab license of Michael S. Hicke.s. In order to ensurc these individuals will be in attendance to testify, the City o£ St. Paul requests frou� the State Of�ce of Administrative Hearings subpoenas for the following individual5: l.) SCr�e;ant Robert J. Wescoi� 2.) Officer Scott J. Bras{;i St. Paul 1'olic� Department St_ Pau( Police Department 100 �. llth Stree[ 1�U �. 11th Street St. Pa��l, MN SS.101 St. Paul, MN 5�101 3.) '1'ara K_ Kii�g 4. Marie Jorgensen 15 lst Avenue SW Rt 1 Bx 840 Elgin, Minuesota 5�932 Stewartville, MN 55976 �. llebbie A�ctell (current address unknown at this time) If you need additional information or have any questions reoarding this rec�uest, plea_e� do not he5itate to cotZtact ►t�e at 266-8776. Thank you for your consic�eration izt this matter. Si«ce y, � �/ � Ye.ter P. Pangbo Parale�al i i_i ' ,� �� i=�l �_� I ��i=i =,:',31 l;yiillt_1 :!•.l I =� 1:.10 �= T : �T �r,r,T—T'�—�I Il '(7'�:l �H1i71_ ��—�� OFFICE UF THE CIT'Y ATTORNEY Timor/ry �. blarn, Cin� A�torney (�I�I'Y (��' SAIN7' PAI.7L, Ci�id Dn�i.iion Nurm Cvle»tan, hlwor 400 Ciry Ha11 Tcleph�ne: 612 3Gbb710 IS Li�z,tt /iello� Bh�d. f ut�iirrile: 61� 295-5619 Saint L'uul, Minr.esorcr 5570? � FAX TRANSMlSSION DATE: Ju[y 31, �995 � TO: Judge John Harrlgan FAX No.: 349-2665 Oftice of Administrative Hearings C/O Louise C oo pe NUMBER OF PAGES (including cover page): 2 FROM: Peter Pangborn FAX No.: 298-5619 Paralegal St. Paui City Attorney's Ofifice 400 City Hall K you do not roceivs alJ pages o/ tMS trdnsmissipR, please contach Peter Pangbprn Te{ephone No. 26fr8776 �'� i'� 1 �'_��`_��_ i t�:: �� Cil 3_� I JJO '=,.!JI I :!.l 1:� I•JO �= T:'� T ��r e=, T- T'� �1 Il °15-11�� < TRANSACTION REPORT > 07-31-1995CMON> 15:19 C R E C E I V E 7 N0. DATE TIME DESTINATION STATION PG. DURATION MODE RESULT 8970 7-31 15:18 612 298 5619 2 0°00'S9" NORM.E OK 2 0° 0�' S9" ��$t�-�t`,�•c.�. � C2..:»:-� +.1.,.�. ��; r ' STATE OF MINNESOTA �''��'°"�'"� �-�J ; '��uoo � ••., / ''-�, OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 �� ••. _ __ 100 Washington Avenue South ��_``� `�t;i. .�. Minneapolis, Minnesota 55401-2138 1 � RECEIVED September 7, 1995 SEP g 1995 CITY CLERK Fred Owusu City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, Minnesota 55102 Re: In the Matter of the Licenses Held by Michael S. Hicks for Taxicab License Driver; OAH Docket No. 60-2101-9865-3. Dear Mr. Owusu: On August 9, 1995, a hearing was held in the above-referenced matter. Our usual procedure is to make a copy of the tapes from the hearing and forward them to your office. Unfortunately, there was a malfunction in the tape recorder and there is no audio recording of this hearing. We apologize for this occurrence Sincerely, �� '�'�.. SANDRA A. HAVEN Administrator of Office Services Telephone: 612/341-7642 sh Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fax No. (612) 349-2665