96-871��f�e�`�����
��n
Presented By
Re£erred To
Council File # 9� - R� j
Green Sheet # � r[ \ yQ'
RESOLUTION
�INT PAUL, M
Committee: te
�.�� �
WHEREAS, Mr. Robert Brunette, d/b/a Airport Ta7ri is the license holder of Saint
Paul talci license # 52, and
WHEREAS, Saint Paul Legislative Code § 376.12(h)1 requires taYi license hoiders to
submit their taxi's for biannual inspections of each taaci in April and September of every
year, and
WHEREAS, Mr. Robert Brunette failed to submit the taxi cab with license # 52 for
its biannual inspections in September of 1995, or in April of 1996, and
WHEREAS, Saint Paul L,egislative Code § 376.14(b) prohibits every taxi license
holder from failing to make a reasonable and consistent effort to operate the licensed
ta�cicab in the City of Saint Paul for a period of thirty (30) consecutive days, and
�a
WHEREAS, Mr. Robert Brunette has failed to respond to inquiries of the Saint Paul
Office of License, Inspection and Environmental Protection regarding the failure to
operate the taYicab with license # 52 in the City of Saint Paul for a period of thirry (30)
consecutive days, and
WHEREAS, Mr. Robert Brunette submitted a letter to the Saint Paul Office of
License, Inspection and Environmental Protection, dated June 25, 1996, stating that he
wished to withdraw the renewal of ta;ci license #k 52, and
WHEREAS, notice of this public hearing was mailed to the last known address of
Mr. Robert Brunette on July 9, 1946; now therefore
BE IT RESOLVED, that based upon the evidence presented to the Saint Paul City
Council at this public hearing, the Saint Paul City Council hereby adopts the following
Findings and Order concerning t�i license # 52:
1. That Mr. Robert Brunette received more than five (5) days notice of this public
hearing.
2. That Mr. Robert Brunette is the license holder of Saint Paul taYi license # S2.
3. That Mr. Robert Brunette failed to submit the tasicab with license # 52 for the
required biannual inspections in September 1995 and April 1996.
4. That Mr. Robert Brunette has failed to show that he has made a reasonable and
consistent effort to operate the tar,icab with license # 52 in Saint Paul for a
period of thirty (30) consecutive days, thus it is deemed abandoned.
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ORDER
The Saint Paul City Cauncil hereby makes the following order:
�.Z(��L ��"$� �
1. The privilege of Mr, Robert Brunette, dib/a Airport Taxi, as license holder of
Saint Paul taYi license # 52 is hereby revoked.
2. Saint Paul taxi license # 52 shail revert to the Saint Paul Office of License,
Inspection and Environmental Protection.
� �� �
Yeas., Navs Absent
a c�ST ev �- �
BY � ���Ll A /YE����-U" t�
Adopted by Council: Date �`� Form Approved by City Attorney
y��`�'�� �- /� �
Adoption Certified by Council S retary B
BY� ti -�� Approved by Mayor for Submission to
Approved by Mayor. Date � 5 �j _ Council
B �vL(G ,�r.s $y:
q� - 8?1
DEPApTMENT/OFFlCE/COUNCII DATE INITIATEO N� � � � � �
CITY COUNCIL 7/30/96 GREEN SHEE
CON7ACT PERSON & PHONE MRIAVDATE INITIAUDATE
� DEPARTMENTDIRECTOR � CINCOUNCIL
Councilmember Thune 266-8620 �s�cH OCINATTORNEY �cmc�aK
MUST BE ON CqUNCIL AGENDA BV (DATE) p0U'fING Q BUOCaEf DIRECTOR � FIN. 8 MGT. SEflVICES DIR.
L�UgllSt 7� 1996 �C�N��'NT� �p�Ep �MAYOR(ORASSISTAN'n O
TOTAL # OP SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION FiEQUESTED:
Finalizing City Council action taken on July 24, 1996, concerning adverse action against
the taxicab vehicle license held by Robert Brunette, Airport Ta�ci, 113 Main, New Auburn, WI.
RECOMMENDATIONS� Appro�e (A� or Reject (R� PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTfONS:
_ PL4NNMG COMMISSION _ CIVIL SERYICE CAMMISSION �� Has this person/firm ever worketl under a contrad for this department?
_ CIB COMMITTEE _ YES NO
_ STqFF 2. Has this persoNfirm ever been a city employee?
— YES NO
_ DISiRICT CouRt � 3. Does this personRirm possess a skill not normally possessed by any current ciry employee?
SUPPOflTS WHICH COUNGII �BdECTNE7 YES NO
Explain all yes answers on separate sheet antl attach to green sheet
INITIATING PROBLEM, ISSUE, OPPORTUNITY (W�o, What, When, WharB. Why):
ADVANTAGES IE APPROVED'.
DISADVANTACaES IFAPPROVEO�
�iO33�3C� �'��f3�t '�€1t�P
JUL 3 � 1996
DISADVANTAGES IF NOT APPROVED'
TOTAL AMOUliT OF 7RANSACT{ON $ COS7JREVEPlUE BUDGETED (CIRCLE ONE) YES NO
FUNDING SOURCE ACTIVITV NUMBER
FINANCIAL INFORMATION� (EXPLAIN)
OFFICE OF THE CITY ATTORNEY
� � Tunorhy E. Mnr.S Ciry Artomey
9�_8*tl
CTTY OF SAINT PAUL
Norm Coteman, Mayor
Crvi! Divirian
400 Ciry Hall
IS Wes't Kellagg Btvd
Saint PauT, Minnuota 55102
Telephone.• 612 266,8710
Fauimile: 612 298-56I9
July 9, 1996
�!"s�a4i .,.,�,_ ... �.. ."-
Jl1L 1 � `���c
Mr. Robert Brunette
Airport Taxi
113 Main, #73
New Auburn WI 54757
In Re: Taxi License # 52
Dear Mr. Brunette:
A review of the records of License, Inspections and Environmental
Protection (LIEP) show that you hold license #52, for the operation
of a taxicab in the City of Saint Pau1. We are in receipt of
information which could lead to the revocation of this license.
The first basis for such revocation is that this license is
considered abandoned due to your failure to operate this taxicab
for a period of thirty (30) consecutive days. You failed to
provide evidence of operation to LIEP when they requested trip
sheets of this taxicab. You also submitted a letter, dated June
25, 1996, which indicates your desire to not renew this license.
Saint Paul Legislative Code § 376.14(bj states:
Whenever any person, firm, copartnership or corporation
holding one (1) or more licenses for public vehicles hire
shall, for a period of thirty (30) days consecutively, Pail
to make a reasonable and consistent effort to operate such
vehicles, except on account of an emergency over which the
licensee has no control, the city council, upon hearing after
five (5) days' notice to the owner or operator, shall revoke
all licenses covering such vehicles.
An additional basis for such revocation is that this taxicab was
not submitted for biannual inspections in either September o£ 1995
or April of 1996.
Saint Paul Legislative Code § 376.12(h}1 states:
Biannual inspections: Any taxicab owner shall submit
each and every licensed taxicab to biannual inspections
in the months of September and April. The inspections
shall be carried out at the fire/police equipment
9G•S'7�
services garaqe located at 1675 Kasota Street, Saint
Pau1, at a cost of eighty-five dollars ($85.00) per unit
to be paid by the licensee. If the inspection shows
repairs to be required, the owner shall order the repairs
made by an authorized dealer or licensed repair garage
and the taxicab returned to the city garage to pass
inspection. For purposes of this subsection, "authorized
dealer" shall mean an automobile dealership which deals
in that particular make of automobile.
This matter has been scheduled for a hearing in front of the Saint
Paul City Council on Wednesday, July 24, 1996, at 4:30 p.m. The
city council will determine at that time whe�her your taxicab
license should be revoked. At that hearing you will have an
opportunity to present testimony regarding any reasons adverse
action should not be taken against this taxicab license.
If you have any questions regardinq this matter, you may contact
either myself or my paralegal, Peter Pangborn, at 266-8710.
Respectfully,
l
`�/�4�� � `� , .� - c��^�.Fi�
�u� ��*. 2y� � / �, ���li�
Philip K. Miller
Assistant City Attorney
cc: Robert Kessler, Directot, LIEP
Gary Pechman, Deputy Director, LIEP
Troy Gilbertson, License Inspector, LIEP
qG•$'11
,vF 3:6.11
LEGISL�TI\'E CODE
the laws of the state and the cih�, and with due
regard for the safety, convenience and comfort of
passengers and the general public.
(u) D�iuer appe¢rance. Eti taxicab dri��er.
k hile on duty, shall keep a clean and well-groome3
appearance.
(v) Number to c¢ZI. The license inspector shall
provide a card to be conspicuously placed in even
licensed taxicab that shall be plainly cisible to
passengers that identifies the number of the Ma}
or and Council Information and Complaint Office
and solicits the opinions of the public in regard to
taxi sen in the City of Saint Paul.
(Code 1956, �§ 152.11, 152.12, 132.14, 152.17—
15222, 1�224-152.31, 1�2.41; Ord. '_��o. 16992,
1-1-83; Ord. No. 17764, § 6, 8-28-90; Ord.'_� o. 17817
§ 2, 4-11-51; C.F. No. 94-199, § 11, 3-23-94; C.F.
I�TO. 95-477, § 2, �-31-95)
Cross reference�Solicitation to cice, ,v� 272A1 et seq.
Sec. 3i6.12. Taxicabs--Regulations.
ta) Taxzcab defxned. The term "taxicab," when-
ever and wherever used in this section, shall be
held to mean and embrace all motor vehicles as
defined by the laws of the State of 93innesota, the
rental for which is computed from the distance
traveled by means of a taximeter attached there-
to; the term "ta�cimeter" shall be held to mean and
embrace any instrument or device attached to a
motor vehicle designed or intended to mechani-
cally measure the distance traveled, to record the
time said vehicle is waiting, and upon which said
taximeter there shall be a record indicating, by
means of figures or designs, the amount of the
fare.
(b) Taximeters required. All taxicabs shall have
affi�ced thereto a taximeter, and no person, firm or
corporation owning or operating any taxicab shall
offer or let the same for hire or rewazd, anywhere
within the City of Saint Paul, unless the taxime-
ter does properly and correctly register,indicate
or display the amount of the fare according to the
distance traveied and the time consumed.
(c) Regisferoftaximetervisibletopassenger.Ev-
ery taximeter shall be connected and affixed to
the ta�cab so that the amount of fare determined
and charged for its use shall be plainly «sible to
all passengers or occupants of the taaicab and from
one (1) hour after sunset to one (1) hour before
sunrise shall have the face of said t�imeter illu-
mined so as to make plainly «sible the amount of
the fare determined and charged for its use, and
there shall be posted in a conspicuous place in the
inside of the taYicab and on the outside right and
left rear doors of the tasicab a cazd on which shall
be printed in plain, legible type, the rates of faze
provided for herein and reference to the ordinance
by number.
(d) Taximeter. It shall be the duty of the oper-
ator or driver of every taxicab, at the termination
of his or her service or trip, to throw the flag of
said tasimeter to a nonrecording position on the
taximeter and call the passenger's attention to
the amount of the faze registered. The taximeter
sha11 not be changed so as to destroy the amount
of the fare registered until after the fare is paid or
a charge ticket therefor made out and delivered to
the person hiring such taxica6.
l�TO driver or operator of any ta�cab shall per-
mit any person to ride thereon or therein, without
the consent of the owner thereof, when the flag is
up or toward a vertical position where the faze is
not being recorded on the taximeter, and no per-
son shall tamper with, break or mutilate any taxi-
meter or its attachments with the intention of caus-
ing the same to register improperly, incorrectly or
inaccurately.
Waiting time shall include the time during which
the taxicab is not in motion, beginning with its
arrival at the place to which it has been called, or
the time consumed while standing at the direc-
tion of the passenger, but no charge shall be made
for the time lost due to the inefficiency of the taxi-
cab or its operator or for the time consumed by
premature arrival in response to a call.
(e) Rules to determine time. When the chazge is
to be paid on the meter basis, the charge shall
begin at the place where the passenger is received
and shall continue until he or she is deiivered at
his or her destination, excepting as hereinbefore
or hereinafter provided. When the charge is to be
paid for on the hour basis, the time shali begin
when the motor vehicle is ready at the time and
place from which it has been called by the pas-
senger and shall continue unt91 the passenger has
been discharged and until the car shall have had
Supp. No. 30 2148
LICE\SES
time thereafter to return to the place irom �•hich
it has been called by the most direct route, and at
the maximum speed permitted by la�; pro��ided,
that x�hen any person shall engage or :.;re a tasi-
cab, unless otherwise agreed at the tir.,_> of hiring,
the fare for such taaacab shall be deter:nined by
the taximeter according to the rztes pro�zded for
in this chapter; and pro�zded further, ��;at no dri�•-
er of any taxicab shall charge more :c: the use of
said taiicab than is shot�a to be due upon the face
of said taximeter.
(fl Deceit as to direct route. '�'o per-�n o�i
or dri��ing or operating znc motor vehide used :or
carryina passengers for hire shall dece;��e by trick
or de�-ice any passenger ti. ho may ride i: any such
motor vehicle or who mag desire to r:de in any
such motor vehicle as to his or her de,^�ation or
the price authorized by ordinance for sach per�on,
or shali convey such persoa or cause ?u� or her to
be conveyed to a place other than zhat d:rected by
him or her, or in any other manner coavey such
person to the place directed by him or her except
by the shortest and most direct route.
(g} Intoxic¢tion of drzrer. '_vo driver cr operator
of any motor vehicle used for carry�ing passengers
for hire shall be found to be or kno�i-a to be in a
state of intoxication while on duty as such driver.
(h) Inspections:
(1) Biannual inspections: Any taxicab ovvner
shall submit each and every licensed taxi-
cab to biannuat inspections in the months
of September and April. The inspections
shall be carried out at the firelpolice equip-
ment services garage located at 1675 Kaso-
ta Street, Saint Paul, at a cost of eighty-five
dollars (�85.0�) per unit to be paid by the
licensee. If the inspection shows repairs to
be required, the occner shall order the re-
pairs made by an authorized dealer or li-
censed repair garage and the taaicab re-
turned to the city garage to pass inspection.
For purposes of this subsection, "autho-
rized dealer" shall mean an automobile deal-
ership which deals in that particulaz make
of automobile.
(2) Periodic inspections: The license inspectar
shall reserve the right to examine and in-
spect each and ever}� licensed taxicab at any
9�- 8�i 1
4 3;6.13
time. The intent of such an inspection is to
ensure compliance w�ith all applicable safe-
ty requirements of the State of NIinnesota
and tl-.e rules established herein.
(3) Penalty: Failure by an o�-ner to submit each
and every licen�ed tza�cab for a periodic
inspections at an authorized in;pection sta-
tion and/or for a biannual inspecfion by the
firelpolice equipment ser«ces gazage shall
result in the following:
a. The license inspector shall ceize the li-
cense plates of each and e��ery unin-
spected taYicab;
b. The license inspector shall hold the
seized license plates until the taxicab
is inspected and found to be in a safe
condition by an authorized inspection
station or the firefpolice equipment ser-
��ices garage or until action ofthe coun-
cil as provided for herein; and
c. Immediaiely after such seizure, the in-
spector shall notify the licensee, spec-
ifying in detail the cause for seizure,
and stating that the licensee has a right
to a hearing on the seizure. The hear-
ing shall be held at the next license
meeting of the city council after the re-
ceipt of a written request for hearing
unless a later hearing is requested by
the licensee. After such hearing, the
council shall determine whether the
plates shall still be held and whether
such license shall be revoked.
(Code 1956, §§ 153.01-153.08; Ord. 2�0. 16874,
1-7-82; Ord. No. 16992, 1-18-83; Ord. :�'o. 16993,
1-18-83; Ord. No. 17075, 11-17-83; Ord. No. 17764,
§ 7, 8-28-90; Ord. No. 17873, § 2, 9-24-91; C.F. No.
94-199, § 12, 3-23-94)
Sec. 376.13. License-1�ansfers,
Notwithstanding the provisions of any other or-
dinance to the contrary, a public vehicle license
shall not be transferable from person to person on
and after January 1, 1993.
(Code 1956, § 152.13; Ord. No. 17695, § 1, 11-21-
89; Ord. No. 17764, § 8, 8-28-90; C.F. No. 95-477,
§ 3, 5-31-95)
Supp.No.30 2149
a�. �� �
§ 376.14
Sec. 376.14. Same—Revocation.
LEGISL4TS\'E CODE
(a) Revocafion for cause; faiture 2o pay judg-
ment. Public vehicle licenses may be recoked bc
the city council at any time for cau�e, after hear-
ing, and shall be revoked upon it appearing to the
council that any licensee oF any public cehicl e shall
have failed to pay cc�ithin ninety (90) daps after
the time to appeal has expired from any judgment
against said licensee for damage to person or prop-
erty resulting from the negligent operation, use or
defective condition of any such public vehicl e, there
being no appeal taken from such judgment; and in
case an appeal is taken, shall ha� failed to pa�
within ninety (90) days after the determination of
the appeal any such judgment for damages to per-
son or property resulting as aforesaid.
Where such revocation is for failure to pay an}�
such judgment, any and all other public vehicle
Jicenses issued to the judgment debtor for other
vehicles shall likewise be revoked. G�'hen the 1i-
cense is revoked, notification of the same shall be
forwarded by the inspector to the director of the
department of police, and the taxicab or taa�cabs
shall not be allowed to operate thereafter, nor sha11
any new ticense be issued to the judgment debtor
while any such judgment remains unsatisfied. The
inspector shall keep a complete record of each taxi-
cab license issued and all renewals and revoca-
tions thereof.
(b? Failure to oper¢te vehicles. VJhenever any
person, firm, copartnership or corporation holding
one (1) or more licenses for public vehicles for hire
shall, for a period of thirty (30) days consecutively,
fail to make a reasonable and consistent effort to
operate such vehicles, except on account of an emer-
gency over which the licensee has no control, the
city council, upon hearing after five (5) days' no-
tice to the owner or operator, shall revoke all li-
censes covering such vehicles.
(c) Unsafe vehicles. In any case w�here the in-
spector determines, on the basis of an inspection
of a taxicab, that use of the taxicab for public
patronage constitutes a serious threat to the pub-
lic health or safety, or the health or safety of pas-
sengers, the inspector may suspend the license
issued to that vehicle and seize the license plates
of that vehicle. Such suspension shali last until
the condition causing the threat to health or safe-
ty is corrected to the satisfaction of the inspector,
or until action of the council as provided for here-
in. Immediately af}er such seizure or suspension,
the inspector shall notify the licensee, specifying
in detail the cause for the seizure or suspension
and stating that the licensee has a right to a hear-
ing on the suspension. The hearing shall be held
at the next license meeting of the city council at=
ter the receipt of a written request for hearing
unless a later hearing is requested by the licens-
ee. After such hearing, the council shall deter-
mine whether such suspension shall continue or
not, or whether such license shall be revoked.
(Code 1956, §§ 152.15, 1b2.16, 152.10)
Sec. 376.15. Fares and charges; regulations.
(a) F¢res. I�TO person, firm or corporation own-
ing, operating or controlling any motor vehicle op-
erated and licensed as a taxicab shall charge any
other rate except as herein provided:
(1) The rate of faze for taxicabs operating with-
in the city shall be one dollar and eighty
cents (�1.80) for the first one-thirteenth (�l�a)
of a mile. The rate for each additional mile
heyond the first mile shall be one dollar
and thirty cents i$1.30). All fazes for dis-
tances greater than one (1) mile shall be
calculated in ten cent ($0.10) increments of
one-thirteenth (�/�a) of a mile. The
Supp. No. 30 2150