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96-873�R�r�a�,� r� � S f �i 9�a� � Presented By Referred To Council File # � � — Q? � Green Sheet # ��� RESOLUTION SAINT PAUL, MINNESOTA J� Committee• _ Date WHEREAS, Mr. John Sweeney, d/b/a St. Paul Metro Taxi is the license holder of Saint Paul taxi license #85, and WHEREAS, Saint Paul Legisiative Code § 376.12(h)1 requires ta�d license holders to submit their ta�ci's for biannual inspections of each taxi in April and October of every year, and WHEREAS, Mr. John Sweeney failed to submit the taxi cab with license #85 for biannual inspection in September of 1995, or in April of 1996, and WHEREAS, Mr. John Sweeney failed to answer to a citation, issued by the Saint Paul Office of License, Inspection and Environmental Protection, for failure to submit the taacicab with license #85 for biannual inspections, and WHEREAS, Saint Paul I.egislative Code § 37614(b) prohibits every ta�ci license holder from failing to make a reasonable and consistent effort to operate the licensed t�icab in the City of Saint Paul for a period of thirty (30) consecutive days, and WHEREAS, Mr. John Sweeney has failed to respond to inquiries of the Saint Paui Office of License, Inspection and Environmental Protection regarding the failure to operate the taxicab with license #85 in the City of Saint Paul for a period of than thirty (30) consecutive days, and WHEREAS, notice of this public hearing was mailed to the last known address of Mr. John Sweeney 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 conceming taYi license #85: 1_ That Mr. John Sweeney received more than five (5) days notice of this public hearing. 2. That Mr. John Sweeney is the license holder of Saint Paul ta�ci license #85. 3. That Mr. John Sweeney failed to submit the tasicab with license #85 for the required biannual inspections in October 1995 and April 1996. 4. That Mr. 7ohn Sweeney has failed to show that he has made a reasonable and consistent effort to operate the taxicab with license #85 in Saint Paul for a period of thirty (30) consecutive days, thus it is deemed abandoned. 1 2 3 4 5 6 7 8 9 10 ORDER n�� F 2 q G� g 7 3 r The Saint Paul City Council hereby makes the following order: 1. The privilege of Mr. John Sweeney, d(b/a St. Paul Metro Taxi, as license holder of Saint Paul taxi license #85 is hereby revoked. 2. Saint Paul taYi license #85 shall revert to the Saint Paul Office of License, Inspection and Environmental Protection. �l�I������ Yeas Na s Absent a e�v � ' s Approved by MayorV Date i By: '�. (� � � Ji�� 'f� �� Form A ro�ed by City Attorney By:C�� �C �/I--� ved by Mayor for Submission to il � Adopted by Council: Date � ��9�, � Adoption Certified by Council S retary q�-8�3 DEPARTMENT/OFFICFJCOUNCIL OATE INITIATED N. 1714 7 CITY COUNCIL �/30/96 GREEN SHEE INRIAVDATE INITIAL/DATE CONTACT PERSON & PHONE O OEPARTMENT DIPECTOR O CffY COUNqL Councilmember Thune 266-8620 A`'���N �CRYATTORNEY �CITYCLERK N11l16Efi POR MUST BE ON CAUNCIL AGENDA BV (DATE) FOUTING � BUDGET DIRECTOR � FIN. & MGT. SERVICES DIR. AllgllSt 7� 1996 (CONSENT} Ofi0E8 � MAVOR (OR ASSISTANn � TOTAL # OE SIGNA7URE PAGES (CLIP ALL LOCATIONS FOR 5lGNATURE) ACTION flE�UE$TED: Finalizing City Council action taken on July 24, 1996, concerning adverse action against the tasicab vehicle license held by John Sweeney, St. Paul Metro T�i, 17b7 Fry Street, St. Paul. flECOMMENDAilONS: Apprrne (A) or Reject (R) pERSOMAL SERVICE CON7RACTS MUST ANSWER THE FOLLOWiNG QUESTIONS: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has this person/firtn ever worketl untler a contraCi for this department? _ CIB COMMITTEE _ YES NO 2. Has this personHirm ever been a ciry employee? _ STAFF � YES NO _ DISTRICT COURT _ 3. Does thi5 persoaftrtm poSSess d sklll rtof nofrttall y possessed 6y arty current city employee? SUPPORTS WHICH COUNCIL O&IECTNE7 YES NO Exptain all yes answers on separate sheet antl attach to green sheet INITIATINO PF08LEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why) ADVANTAGESIFAPPROVED DISADVANTAGES IF APPROVED. ���e�^'� 4 �Pi�i JUL3� 1996 �.. � DISADVANTAGES IF NOT APPROVED. TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDING SOURCE ACTIVITV NUMBER FINANCIAL INFORMATION: (EXP�AIN) OFFiCE OF THE CITY ATTORNEY TimoAyE. Mar; CiryAnomcy � � _ CTTY OF SAINT PAUL Norm CoTema�S Mayor July 9, 1996 Telephone: 6I2 26687I0 Facsimi7e: 6I2 298-56I9 `�`' a� ��:,=?v°' .,... _... ��� ? � �;:;.. Mr. John Sweeney St. Paul Metro Taxi 1767 Fry Street St. Paul MN 55113 In Re: Dear Mr Taxi License # 85 Sweeney: A review of the records of License, Inspections and Environmental Protection (LIEP) show that you hold license # 85, for the operation of a taxicab in the City of Saint Paul. We are in receipt of information which could lead to the revocation of this license. The 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 have failed to provide evidence of operation to LIEP when they requested trip sheets of this taxicab. Additionally, you have failed to respond to all inquiries from LIEP, including a citation issued to you November 29, 1995, for failure to submit this taxicab for inspection. Saint Paul Legislative Code § 376.14(b) states: Whenever 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 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 of 1995 or April of 1996. Saint Paul Legislative Code § 376.12(h)1 states: Civil Divirion 400 Ciry HaU ZS Wett Kellop,g Blvd Saint Ptut7 Mi�mesoin SSF02 Biannual inspections: Any taxicab owner shall submit 9�-k73 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 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 whether 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, G/ -- � �r� �� r� �� y� � n�,//� Philip K. Miller Assistant City Attorney cc: Robert Kessler, Director, LIEP Gary Pechman, Deputy Director, LIEP Troy Gilbertson, License Inspector, LIEP °IG - 8'�3 F 3 � 6.11 LEGI�L?TICE CQDE the laws of the ;tate and the cih, and u•ith due regard for the safety, convenience and comfort of passengers and the general public. (u) Driver appearance. Erery taracab driver. while on duty, shall keep a clean and well-groomed appearance. (v) Number to c¢Zl. The license inspector shall provide a cazd to be conspicuously placed in even- licensed taxicab that shall be plainly � to passengers that identifies the number of the :vIa} or and Counril Information and Complaint Office and solicits the opinions of the public in regazd to taYi sen�ce in the City of Saint Paui. (Code 19�6, �§ 15211, 152.12, 152.14, 1�2.17— 152.22, 15224-152.31, 152.41; Ord. Ao. 16992, 1-1-83; Ord. No. 17764, § 6, 8-25-90; Ord. n'o.17817. § 2, 4-11-91; C.F. No. 94-199, § 11, 3-23-94; C.F. I�TO. 95-477, § 2, 5-31-95) Cross reference—�Solicitation to vice, § 272.01 et seq. Sec. 376.12. Tasicabs--Regulations. (a) Tazic¢b defzned. 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'�tinnesota, the rental 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 de��ice 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 tascimeter there shall be a record indicating, by means of figures or designs, the aznount 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 re��azd, anywhere within the City of Saint Paul, unless the taaume- ter does properly and correctly register, indicate or display the amount of the fare according to the distance traveled and the time consumed. (a) Register of tazimeter visibte to passenger. Ev- ery taximeter shall be connected and a�xed to the ta�cab 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 shall have the face of said taacimeter illu- mined so as to make plainly �zsible the amount of the fare determined and chazged for its use, and there shal] be posted in a conspicuous place in the inside of the taYicab and on the outside right and left rear doors of the tazicab a cazd on which shall be printed in plain, legible type, the rates of faze pro«ded 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 taximeter to a nonrecording position on the taYimeter and call the passenger's attention to the amount of 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 tasicab. No 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 faze is not being recorded on the ta�cimeter, and no per- son shali tamper with, break or mutilate any taaci- meter or its attachments with the intention ofcaus- 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 chazge shall be made for the time lost due to the inefficiency of the taaci- cab or its operator or for the time consumed by premature arrival in response to a call. (e) Rules to determirze time. When the chazge is to be paid on the meter basis, the charge shali, 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 provided. When the charge is to be 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 °lC- $73 LICESSES time thereafter to return to the place from � it has been called by the most direct route, and at the maximum speed permitted by la�r: provided, that k�hen any person shall engage or hire a taai- cab, unless otherca-ise agreed at the tir..� e of hiring, the fare for such taaicab shall be de.e-:nined by the taximeter according to the rztes pro��ded for in this chapter; �nd proc�ded further, thst no driv- er of any taxicab shall chazge more for the use of said taxicab than is shoi;-n to be due upea the face of said taYimeter. (fl Deceit as to direct route. \o perc�a owning or dri�ing or operating an�� motor ��ehicle used ;or carry�ng passengers for hire shall deceire by trick or device any passenger �,ho may ride i� any such motor vehicle or who may desire to rde in any such motor vehicle as to i�is or her des^�ation or the price authorized by ordinance for such per�on, or shall convey such person 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 cea��ey such person to the place directed by him or her escept by the shortest and most direct route. ig) Intoxication of driaer. \o dri��er or operator of any motor vehicle used for carr,yZng passengers for hire shall be found to be or kno��n to be in a state oF intoxication while on duty as such driver. (h) Irzspections: tl) Biannual inspections: Any taxicab owner shall submit each and eaery licensed tati- cab to biannual inspections in the months of September and April. The inspections shall be carried out at the fire/police equip- ment services gazage located at 1675 Kaso- ta 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 re- pairs made by an authorized dealer or li- censed repair gazage and the taxicab re- tumed 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 particular make of automobile. (2) Periodic inspections: The license inspector shall reserve the right to examine and in- spect each and every licensed taYicab at any § 3;613 iime. The intent of such an inspection is to ensure compliance �-ith all applicable safe- ty requirements of the State of :�4innesota and the rules established herein. (3) Penalty: Failure by an owner to submit each and every licensed taa�cab for a periodic inspections at an authorized inspection sta- tion and/or for a biannuai inspection by the fireJpolice equipment sen�ices gazage shall result in the following: a. The license inspector shall seize the li- cense p2ates of each and e�•ery tinin- spected taxicab; b. The license inspector shall ho]d 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- ti-ices garage oruntil action ofthe coun- cil as pro��ided for herein; and c. Immediaiely after such seizure, the in- spector shall notify the licensee, spec- ifying in detail the cauce for seizure, and stating that the licensee has a right to a hearing on the seizure. The hear- ing shall be held at the nest license meeting of the city council after the re- ceipt of a cvritten request for hearing unless a later hearing is requested by the licensee. After such hearing, the councii shall determine whether the plates shall still 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—TYansfers. ?�'otwithstanding 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. I�TO. 17698, § 1, i1-21- 89; Ord. No. 17764, § 8, 8-28-90; QF. No. 95-477, § 3, 5-31-95) Supp. No. 30 2149 w�- 8?3 � 376.14 Sec. 3i6.14. Same—Revocation. LEGI�L?TI�'E CODE (a) 1?euocation for cause; failure to pay judg- ment. Public vehicle licenses may be recoked bc the city council at any time for cause, after hear- ing, and shall be revoked upon it appearing to the council that any licensee of any public vehic]e 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- erty resulting from the negligent operation, use or defective condition of any such public cehicle, there being no appeal taken from such judgment; and in case an appeal is taken, shall haae failed to pac k�ithin ninety (90) days after the determination af the appeal any such judgment for damages to per- son or property resulting as aforesaid. Vi'here such revocation is for failure to pay an}• such judgment, any and all other public vehide licenses issued to the judgment debtor for other vehicles shall likewise be revoked. �6'hen the li- 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 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 all renewals and revoca- tions thereof. (b) F¢iiure 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 (30) days consecutively, fail to make a reasonable and consistent effort to operate such vehicles, except on accaunt 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 cshere the in- spector determines, on the basis of an inspection of a tasicab, that use of the ta�cab 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 shall 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 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 next 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. (Code 1956, §§ 152.15, 152.16, 152.10) Sec. 376.15. Fares and charges; regulations. (a) Fares. ATO person, firm or wrporation own- ing operating or controlling any motor vehicle op- erated and licensed as a taxicab shall chazge any other rate except as herein provided: (1) The rate offare for taYicabs operating with- in the city shall be one dollar and eighty cents ($1.80) for the first one-thirteenth (�/�a) of a mile. The rate for each additional mile beyond the first mile shall be one dollaz 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 (�/ia) of a mile. The Supp. No. 30 2150