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96-872t P"�4�+i ��' F,� " 1i,�� _ . i F '. ' S �x r ae Presented By Referred To RESOLUTtON OF SAINT PAUL, MIN,NESOTA Council File # q G- S � a Green Sheet # �� Committee: Date WHEREAS, Mr. Wayne Joyce, d/b/a Checker Cab of St. Paul is the license holder of Saint Paul taxi license #'s 86, 89, 91 and 92, and /3 WHEREAS, Saint Paul Legislative Code § 376.12(h)1 requires taxi license holders to submit their ta�ci's for biannual inspections of each taYi in April and September of every year, and Wi3EREAS, Mr. Wayne Joyce failed to submit the taxi cabs with license #'s 86, 89, 91 and 92 for their biannual inspections in September of 1995, or in April of 1996, and WHEREAS, Saint Paul I.egislative Code § 376.14(b) prohibits every taau license holder from failing to make a reasonabie and consistent effort to operate the licensed taxicab in the City o£ Saint Paul for a period of thirty (30) consecutive days, and WHEREAS, Mr. Wayne Joyce has failed to respond to inquiries of the Saint Paul Office of License, Inspection and Environmental Protection regarding the failure to operate the taxicabs with license #'s 86, 89, 91 and 92 in the City of Saint Paul for a period of thirty (30) consecutive days, and WHEREAS, notice of this public hearing was mailed to the last ]aiown address of Mr. Wayne Joyce on July 9, 1996; 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 taaci license #'s 86, 89, 41 and 92: 1. That Mr. Wayne 7oyce received more than five (5) days notice of this pubiic hearing. 2. That Mr. Wayne 3oyce, d/b/a Checker Cab of St. Paui, is the license holder of Saint Paul t�i license #'s 86, 89, 91 and 92. 3. T`hat Mr. Wayne Joyce failed to submit the taaucabs with license #'s 86, 89, 91 and 92 for the required biannual inspections in September 1995 and April 1996. 4. That Mr. Wayne Joyce has failed to show that he has made a reasonable and consistent effort to operate the taJCicabs with license #'s 86, 89, 91 and 92 in Saint Paul for a period of thirty (30) consecutive days, thus they are deemed abandoned. � 2 3 4 5 6 7 8 9 1Q ORDER The Saint Paul City Council hereby makes the foIlowing order: �-� a t 2 9�-8�i�, 1. The privilege of Mr. Wayne Joyce, dJb/a Checker Cab of St. Paul, as license holder of Saint Paul taxi license #'s 86, 89, 91 and 92 is hereby revoked. 2. Saint Paul taxi license #'s 86, 89, 41 and 42 shall revert to the Saint Paul Office of License, Inspection and Environmental Protection. ����������� Y,_ e�� N�vs Absent a a cTv — . • Adopted by Council: Date � � \``�(� Adoption Certi£ied by Council S retary By: � � r�ei-ra-�- a Approved by Mayor: Date � S � By : � �` �>�""'""' sy: �� l�"�l /���� Form Approved by City Attorney BY.���-.�.��v'n h— �1�� � Approved by Mayor for Submission to Council By: 9` - 8'1 �. OEPARTMENT/OFFICE/COUNGL DATEINITIATED N� 17149 cz�^r courrczL GREEN SHEE CONTACT PERSON & PHONE INITIAVDATE Itd1T7AUDATE �DEPAflTMENTDIRECTOR OQ7YCOUNCIL Councilmember Thune 266-8620 ASSIGN aCITYATfOANEY �CITYCLERK MUST BE ON COUNCILA6ENDA BY (DATE) ROUTINGFOR ❑ BUDGET DIRECTOR O FIN. & MGL SERVICES DIR. L�llgllSt 7 1996 (CONSENT) ORDER �MAVOR(OFASSISTANn � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE� ACTION REQUESTED: Finalizing City Council action taken on July 24, 1996, concerning adverse action against the tasicab vehicle licenses held by Wayne Joy�e, Checker Cab, 500 36th Street, East, Mpls. RECOMMENDA7iONS: npprove (A) or Reject (R) pERSONAI SEflVICE CONTRACTS MUST ANSWEfl THE FOLLOWING QUESTIONS: _ PL4NNMG COMMISS�ON _ CIVIL SERVICE COMMISSION �� �� mis persoNFirm ever worketl under a contract tor this department? _ CIB C/JtAMITTEE _ YES NO — SrqFF 2. Has this person/firm ever been a city employee? — YES fV0 _ DiS7RlC7 CoUaT _ 3. Does this person/firm possess a skill not normally possessed by any curreni ciry employee? SUPPORTS WHICH COUNGL O&IECTNE? YES NO Explain aH yes ansWers on separate 5heet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPOFiTUNITY (Who, What, When, Where, Why)� ADVANTAGE$ IF APPROVED. DISADVANTAGES IF APPROVED UJ�.�'ec€}� %'�-��t:ntt i.J�ed JUL 3 � i��6 DISADVANTAGES IF NOTAPPROVED. TOTAL AMOUNT OF 7RANSACTION $ COST/REVENUE BUDGEiED (CIRCLE ONE) YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) OFFICE OF THE CITY ATTORNEY Timailry E. Mam, City Anomey q G -�� � CITY OF SAINT PAUL Civil Division Norm Colema+, Mayot 400 Ciry Ha11 Telephone: 612 26687I0 IS A'est Kella� Blvd Facsimi7e.• 612 298d619 Saint Pau; Minnesom 55102 July 9, 1996 t at - Jlll_ ; " ,��� Mr. Wayne Joyce Checker Cab 500 36th St. E Minneapolis MN 55421 In Re: TaXi License #�s 86, 89, 91 & 92 Dear Mr. Joyce: A review of the records of License, Inspections and Environmental Protection (LIEP) show that you hold license #'s 86, 89, 91 & 92 , for the operation of taxicabs in the City of Saint Paul. We are in receipt of information which could lead to the revocation of these licenses. The first basis for such revocation is that these licenses are considered abandoned due to your failure to operate these taxicabs for a period of thirty (30) consecutive days. You have failed to provide evidence of operation to LIEP when they requested trip sheets of these taxicabs. Additionally, in June 1996, both you and Mr. Ralph Hendrickson discussed your desire to not renew these licenses. It was also admitted that there was no insurance on these vehicles as well as having no drivers for them. In December of 1995, Mr. Hendrickson informed LIEP that Checker did not have any vehicles in their possession. Saint Paul Legislative Code § 376.14(b) states: Whenever any person, firm, copartnership or corporation holding ane (1) or more licenses for public vehicles Por hire shall, for a period of thirty (3oj days consecutively, fail 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 these taxicabs were not submitted for biannual inspections in either September of 1995 or April of 1996. Saint Paul Legislative Code § 376.12(h)1 states: 9�-g�a 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 services garage located at 1675 Kasota Street, Saint Paul, 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 �o 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 whether your taxicab licenses should be revoked. At that hearing you will have an opportunity to present testimony regarding any reasons adverse action should not be taken against these taxicab licenses. If you have any questions regarding this matter, you may contact either myself or my paralegal, Peter Pangborn, at 266-8710. Respectfully, ��_luytic.c cv J.� _ �1,2.�f J ��,� ���, �(! M,l/� Philip K. Miller Assistant City Attorney cc: Robert Kessler, Director, LIEP Gary Pechman, Deputy Director, LIEP Troy Gilbertson, License Inspector, LIEP 9� - g�a. & 3;6.11 LEGISL4TI\'E CODE the laws of the state and the cih; and w due regard for the safety, convenience and comfort of passengers and the general public. (u) Driver appearance. Ererv taxicab driver, while on dut}; shall keep a clean and �•ell-groomed appeazance. (v) Number to call. The license inspector shall provide a cazd to be conspicuousl}• placed in every 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�ce in the City of Saint Paul. (Code 1956, y�§ 1�211, 152.12, 1�2.14, 152.17— 15222, 152.24-152.31, 152.41; Ord. �'o. 16992, 1-1-83; Ord. No. 17764, § 6, 8-25-90; Ord.'.�o. 17817, § 2, 4-11-91; C.E ?�TO. 94-199, § 11, 3-23-94; C.F. ?�TO. 95-477, § 2, 5-31-95) Cross zeference—Solicitatioa to cice, § 2i2.01 et seq. See. 376.12. Taxicabs--Regulations. (a) Tazic¢b defzned. The term "taxicab," when- ever and wherevet used in this section, shall be held to mean and embrace all motor vehicles as defined by the laws of the State of �7innesota, the rentai for which is computed from the distance traveled by means of a taximeter attached there- to; the term "taximeter" 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 taYimeter there shall be a record indicating, by means of figures or designs, the amount of the fare. (b) Taximeters required. All taxicabs shall have affixed thereto a taximeter, and no person, firm or corporation owning or operating any taxicab shall offer or let the same for hire or rek�ard, 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 traveled and the time consumed. (c) Registeroftaximetervisebletopassenger.Ev- ery ta�cimeter shall be connected and affixed to the ta�cicab so that the amount of fare determined and charged for its use shall be plainly visible to all passengers or occupants of the taxicab and from one (1) hour after sunset to one (1) hour before sunrise shaII have the face of said tasimeter illu- mined so as to make plainly visible 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 taxicab and on the outside right and left rear doors of the taxicab a card on which shall be printed in plain, leb ble type, the rates of faze provided for herein and reference to the ordinance by number. (d) Taximeter. It shali be the duty of the oper- ator or driver of every taYicab, at the termination of his or her service or trip, to throw the flag of said taYimeter to a nonrecording position on the taximeter and call the passenger's attention to the amount o{ the faze registered. The taximeter shall not be changed so as to destroy the amount of the fare registered until after the faze is paid or a charge ticket therefor made out and delivered to the person hiring such taYicab. I�TO driver or operator of any taxicab 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 fare is not being recorded on the tazcimeter, 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 t�icab 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 caii. (e) Ru1es to determine time. When the charge 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 delivered at his or her destination, excepting as hereinbefore or hereinafter pro��ded. When the charge is to he paid for on the hour basis, the time shall 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 until the passenger has been discharged and until the car shall have had Supp.No.30 2148 9�-87�- LICE?�SES time thereafter to return to the place from k�hich it has been cailed by the most direct route, and at the maximum speed permitted 6y Ia�� pro�Zded, that ��hen any person shall engage or :.ire a tasi- cab, unless otherk-ise agreed at the ri:ne of hiring, the fare for such tzsicab ,hall be de:er:nined by the taximeter according to the rates p*o� for in this chapter; and prorided further, t?:st no driv- er of any taxicab =_hali chazge more fo: the use of said taxicab than is sho�cn to be due u,�oa the face of said taximeter. (fl Deceit as to direct route. �o persas o�vning or dri��ing or operating an}• motor cehide used :or carrping passengers for hire shall deceil�e by trick cr device any passenger �, ho ma�� ride i� an}� such motor vehicle or who may desire to rde in any such motor vehicle as to his or her des�zation or the price authorized by ordinance for ;uch person, or shall convey such per;on or cause him or her to be conveyed to a place other than that d:rected by him or her, or in any other manner ccac•ey such person to the place directed by him or her except by the shortest and most direct route. (g) Irztoxication of drizer. :tio dricer cr operator of any motor vehicle used for carr} passengers for hire shall be found to be or knok to be in a state of intoxication while on duty as such driver. (h) Inspections: (1} Biannual inspections: Any taxicab owner shall submit each and every licensed taxi- cab to biannual inspections in the months of September and April. The iaspections shall be carried out at the fire/po'_ice equip- ment services gazage 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 shoK�s repairs to be required, the owner shall order the re- pairs made by an authorized dealer or li- censed repair gazage and the tzaicab re- turned to the city garage to pass in�pection. For purposes of this subsection. "autho- rized dealer" shall mean an automobile deal- ership which deals in that particn]ar make of automobile. (2) Periodic inspections: The license inspectar shall reserve the right to examine and in- spect each and every licensed taxicab at any § 3 � 6.73 time. The intent of such an inspection is to ensure compliance k all applicable safe- ty requirements of the State of 34innesota and the rules established herein. (3) Penalty: Fai]ure by an ow-ner to cubmit each and every licensed taa�cab for a periodic inspections at an authorized ir.�pection sta- tion and/or for a biannual inspection by the firelpolice equipment sen�ices garage shall result in the following: a. The license inspector shall ceize the li- cense plates of each and e�•ery ttnin- spected taxicab; b. The license inspector shall hold the seized license plates until the taa�icab is inspected and found to be in a safe condition by an authorized inspection station or the fire(police equipment ser- ��ices garage or until actaon of the coun- cil as provided for herein; and c. Immediately after such seizure, the in- spector shall notify the licensee, spec- ifying in detail the cause for sei2ure, 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 stilt be held and whether such license shall be revoked. (Code 1956, §§ 153.01-153.08; Ord. I�TO. 16874, 1-7-82; Ord. No. 16992, 1-18-83; Ord. No. 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—T�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 danuary 1, 1993. (Code 1956, § 152.13; Ord. No. 17698, § 1, 11-21- 89; Ord. No. 17764, § 8, 8-28-90; C.F. No. 95-477, § 3, 5-31-95) Supp, No. 30 2149 °1 � - 8�a- § 3i6.14 Sec. 3i6.14. Same--Revocation. LEGIc_yaTIt'E CODE (a) Revoc¢tion for cause; failure to pay judg- ment. Public rehide licenses may be revoked bc the city conncil at any time for cause, after hear- ing, and shall be revoked upon it appearing to the council that any licensee of any public cehicle shall have failed to pay within ninety (90) days after the time to appeal has expired from any judgment against said licensee for damage to person or prop- erEy resulting from the negligent operation, use or defective condition of any such public vehic]e, there being no appeal taken from such judgment; and in case an appeal is taken, shall hare failed to pay 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 any such judgment, any and all other public vehicle licenses issued to the judgment debtor for other vehicles shall likewise be revoked. VJhen the li- cense is revoked, notification of the same sha11 be fonvarded by the inspector to the director of the department of police, and the taxicah or taxicabs shall not be allowed to operate thereafter, nor shall any new license 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 ali renewals and revoca- tions thereof. (b) F¢ilure to oper¢te vehicles. Whenever any person, firm, copartnership or corporation holding one (1) or more licenses for public vehicles for hire shall, for a period of thirty (36) 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, shail revoke all li- censes covering such vehic]es. (c) Unsafe vehicles. In any case �c�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 shal] last until the condition causing the threat to hea3th or safe- ty is cortected to the satisfaction of the inspector, or until action of the council as pro�•ided for here- in. Immediately after 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 ne� license meeting of the city council af- 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. ccoae ls5s, §§ is2.ls, 152.is, 152.10) Sec. 376.15. Fares and charges; regulations. (a) Fares. ?�TO person, firm or corporation own- ing, operating or controlling any motor vehicle op- erated and licensed as a taxicab shall chazge any other rate except as hezein provided: (1) The rate of fare for taxicabs operating with- in the city shall be one dollar and eighty cents ($1.80) for the first one-thirteenth (�J3a) of a mile. The rate for each additional mile beyond the first mile shall be one dollar and thirty cents ($1.30). All fares 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 21J0