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.
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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
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Adopted by Council: Date � ��9�,
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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