96-872t P"�4�+i
��' F,� " 1i,��
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'. ' 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.
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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