06-461Ir
Council File # �2
Ordinance #
Green Sheet # ,�b,3� 5 a b
Presented By
Referred To
Committee Date :
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1 An ordinance amending chapter 376.16 of the Saint Paul Legislative Code to update the
2 disqualifying criminal history, update citations to Minnesota Statutes, allow licensure for
3 Wisconsin residents.
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5 THE COUNCIL OF THE CTTY OF SAINT PAUL DOES ORDAIN: ���! �`�
Secrion 1.
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Section 376.16 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 376.16. Taxicab driver's license.
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(a) License required. Effective March 15, 1991, no person shall drive a taxicab, nor shall any
owner or lessee of a tasicab allow any other person to drive a taxicab, within the City of Saint Paul
unless that person has first obtained and displayed a taxicab driver's license under the provisions of
this Code.
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18 (b) Drivers from other cities. Any driver licensed to operate a taYicab in another city may carry
19 passengers from that city to any place within the City of Saint Paul and may freely enter and travel
20 upon the sfreets for that purpase. In that case, it shall not be deemed necessary for the taxicab driver
21 to obtain a Saint Paul license, but the driver shall not be permitted to accept or offer any passenger
22 for hire in the City of Saint Paul, or otherwise operate a taxicab within the city without first obtaining
23 a license under the provisions oftl�is Code. While within the city, the taxicab driver shall be required
24 to observe all ofthe applicable regulations and conditions ofthis section and shall have in possession
25 and display to any person upon demand the license certificate for the taa�icab.
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27 (c) License application. Every applicant for a taxicab driver's license shall fi1e an application
28 with the license division. The application shall be made on a form provided by said division,
29 containing such information as the license inspector may require, including, but not limited to, a
30 complete employment history, to verify that the terms and conditions of this chapter have been met.
31 The apptication shall be signed and sworn to by the applicant. Prior to the issuance of the license,
32 every licensee shall be photographed. The chief ofpolice or his representative shall investigate each
33 applicant and shall forward the results ofthe application to Yhe license inspector. Any false statement
34 on the application shall be grounds for denial, refusal to renew or revocation of a license.
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
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36 (d) License fee. The fee required for a license shall be established by ordinance as specified in
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1 section 310.09(b) of the Legislative Code. Q� _�6
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3 (e) Prerequisites to license. Eligibility to be licensed to operate a taa�icab shall be as follows:
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5 (1)
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Possess a valid Minnesota or Wisconsin driver's license;
Be atleast eighteen (18) years old;
9 (3) BeacitizenoftheUnitedStates,aranalienadmittedforpermanentresidence,orwho
10 has otherwise obtained work authorization from the U.S. Immigration and Naturalization Service;
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� Shall not be under sentence or have been dischar�ed from sentence for a felony
conviction within the tenyears immediatelv �recedin a��lication for a license for the followi�
offenses : Murder �Minn. Stat. �609185 to 609.1951. Manslau ter (�& 609.20 to 6092051.
Criminal Vehicular Homicide and Iniurv l& 609.211. Assault I-III (§§ 609221 to 604.223). Criminal
Sexual Conduct (&§649.342 to 609.3451), Indecent Conduct (§617.23, subd. 2 or 31: ar anv
Violation of the Controlled Substance Law (& 152 et aD which is �unishable by a maYimum sentence
of 15 vears or more; as allowed under Minn. Stat. § 364.09.
�l The licensee shall not be under sentence or have been dischareed from
sentence far an f�y conviction within the five vears immediatelv precedin�apnlication for a
license, and shall not be under sentence or have been dischar� d from sentence for anv non-traffic
gross misdemeanor or non-traffic misdemeanar conviction within the three years immediately
precedan�application for a license.
(bL The license inspector may grant. pursuant to Minn. Stat. § 364.03, an
exception to parag_raph �a�upon evidence that either the offense is not related to the occuoation of
taxicab driver, or uvon evidence of rehabilitation.
(c) A erson holdin , a license on the effective date of this section �;�A�e�=�=�nl
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will be disc�ualified from license renewal o� for convictions that occur after the effective date of
this section. However, no licensee will be eligible for renewal if the licensee has an felony
convictions in the five (5� years precedin2 renewal; or anti nontraffic �ross misdemeanor or
misdemeanoz convictions in the three �31 years nrecedine renewal involvina the use ar threat of use
of force, possession or sale of a controlled substance, prostitution or indecent conduct.
(5) Shall have a driving record meetiiig the following standards:
a. No convicrions in the last frve ten (510) years for any of the following
offenses involving injury or death; no conviction in the last three (3) years for any of the following
offenses not involving injury or death:
Leaving the scene oFan accident under Minn. Stat. 609.21, or 169.09,
or similar law of auother state or Minnesota law as amended, ;
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4 th�re�fDriving while impaired under Minn. Stat. & 169A.20, subdl. or similar law of another state
5 or Minnesota law as amended
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- - i �i - i - i i i i i -- ':w��'i � ^� i• - i i - i - �- _
10 #-3. Misdemeanor Reckless Driving under Minn. 5tat. $ 169.13, subd. l
11 or similaz law of another state or Minnesota law as amended;
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i �- - i - •- - i 'i :w i - r�' - •: - •- -• :� i i - i i� -
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fr. 4. . Refusal to submit to a chemical test
under Minn. Stat. & 169A.20, subd. 2.
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5. A verson holdine a license on the effective date of this section l�k�?':=
�'ts:s;;-j will be disc�ualified from license renewai onlv for convictions that occur after the effective
date of this section. However, no licensee will be eli�ible for renewal if the licensee has any
convictions for the above-listed offenses in the five (S��ears precedin�renewal ar in the three (�
vears preceedin� renewal if the offense did not involve iniurv or death.
b. No prior licenserevocation within one year immediately_precedinP a_pplication
as defined in . ., . , . Minn. Stat. § 169A.03, subd 21.
c. For original licensure: No more than four (4) moving violations within the last
three (3) years, and no more than two (2) moving violations in the last year. For renewal: No more
than four (4) moving violations within the last three (3) years and no more than three (3) moving
violations in the last yeax. A moving violations shall mean for this subsection �lxr�o�tans
., A violation of a traffic re�ularion
but does not include a pazking violation. vehicle eguinment violation, or warnin�citation.
d. Every new applicant shall have at least one (1) yeaz's driving experience as
a licensed driver.
e. An applicant who has had a driver's license outside the state ofMinnesota at
any time during_ the ten (101 years prior to application shall submit a copv of that applicant's driving
recoxd from that state.
e:f. Upon submission of proof of suitability and evidence of insurabilaty, the
license inspector may waive one (1) ar more of the requirements listed above; provided, that any
such waiver shall indicate the grounds for the inspector's decision and sha11 be approved by the
director of the office of license, inspections and environmental protection.
(6) Have a demonstrated knowledge of the provisions of the taacicab ardinance relating
to the conduct of taxicab drivers and the operation of a taxicab.
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1 (7) Failure to apply for renewal of any taxicab operator's license witlun thirty (30) days
2 after expiration shall be deemed an abandonment of the licensee's right to such renewai.
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4 (8} For any driver seeldng original licensure, or any driver whose taxi license has lapsed
5 for more than one (1) year if the driver never completed the taxicab driver training course, or whose
6 taxi license has lapsed for more than two (2) years if the driver previously completed the taxicab
7 driver training course, or as deemed necessary by the license inspector: shall have successfully
8 completed the tasicab driver training course as set forth in section 37617.
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( fl Duty to exhibit license. Effective Mazch 15, 1991, every tasicab driver while on duty shall
display the front of his or her tasicab driver's license on the dashboard of the vehicle in a location
readily visible to pasengers, which license displays the driver's photograph and license number on
the front in a manner approved by the license inspector. In addition to any other penalties, a deputy
inspector or police officer may order the licensee to discontinue operations until such time as the
licensee has a license in possession.
(g) Issuance of license. Each taxicab driver's license shall have upon it a number by which the
license shall be designated, a photograph of the licensee, and such other information as the license
inspector may require. The license inspector may issue licenses for a term of less than one (1) year
for a prorated initial fee in order to evenly distribuYe license expiration dates throughout the year.
(h) Requirement of valid Minnesota or Wisconsin driver's license. Any time that a licensee's
Minnesota or Wisconsin driver's license is suspended, revoked or canceled, his or her taxicab driver's
license shall likewise be immediately suspended, revoked ar canceled. No person shall operate a
taxicab without a valid Minnesota or Wisconsin driver's license.
(i) Renewals. A taYicab c�iver's license shall be issued annually. The license inspector may
cause the renewal of a taxicab driver's license firom year to year by appropriate endorsement upon
the application for renewal and payment of an annual fee as set forth in Saint Paul Legislative Code
section 31018. The driver shall make such renewal application upon a form to be furnished by the
license division. The renewal form shall be filled out with the full name and address ofthe applicant,
together with the date and number of the original license. If a driver has not been licensed in the
previous license year, he or she shall be considered a new applicant.
(j) Suspension, revocation and nonrenewal. A taacicab driver's license ma}� be revoked,
suspended or not renewed by the license inspector at any time for cause pursuant to the provisions
of this chapter and Chapter 310 of the Legislative Code. When a taxicab driver's license has been
revoked or suspended, it shall immediately be returned to the license division. If the city council
stipulates that a licensee whose taacicab driver's license has been revoked mayreapply after a specific
period of time has elapsed, that period of time shall not commence until the taxicab driver's license
has been returned to the license division.
(k) Revocation of Minnesota driver's license; limited licenses; �'' im ap ired driving
conviction:
(1) AnypersonholdingataYicabdriver'slicensewhoseMinnesotaorWisconsindriver's
license is suspended, canceled or revoked for any reason shall immediately surrender his or her
taxicab driver's license to the license division. The taxicab driver's license shall be returned to the
licensee upon reinstatement of the Minnesota or Wisconsin driver's license or issuance of a limited
license authorizing operation of a taxicab; provided, however, that suspension, cancellarion or
revocation of a Minnesota or Wisconsin driver's license due to refusal to submit to a legally required
blood alcohol test under the state implied consent statute shall be g�ounds for the revocation,
nonissuance or nonrenewal of the taxicab driver's license. D� _�/
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(2) Any licensed taxicab driver whose Minnesota or Wisconsin driver's license has been
revoked and who has been issued a limited license authorizing the operation of a taxicab shall
immediately notify the license division of the same. At that time, the licensee shall fiunish to the
license inspector a copy of the limited license and a written statement containing a schedule of the
days and hours of each day during which he or she will be driving a taxicab during the term of the
limited license. No deviation from the schedule sha11 be permitted In addition, the licensee shall
personally fiunish to the license inspector copies of all trip sheets for all shifts worked during the
term of the limited license.
(3) Any person holding a taxicab driver's license shall notify the Office of License,
Inspections and Environmental Protection (LIEP) immediately whenever he or she is convicted of
an a�;ai�a�rel�ted impaired driving offense.
(4) Refusal to take and/or failure to pass a chemical test
administered pursuant to . . 169A.51 while on duty shall be grounds for
revocation of a taxicab driver's license.
(5) Failure to comply with the provisions of this section shall be grounds for revocation
of a taxicab driver's license.
Il��person holdinQ a taYicab driver's license, shall notify the Denartment of License,
Inspection, and Environmental Insoection immediatelv whenever he or she has a chanee of address.
Section 3
This ordinance shall take effect and be in force thirty (30} days following its passage, approval and
publication.
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F . ' �_,;
BY: i � C��/C-- s7
Approved by � o : ate / "s ��
BY'
Requested b Department of:
c. zE�
By: �� ���M�/ —
\J
Form A roved by C' y Attorney
By:
AppraYe by ay f miss' n to Council
// t
BY: ��iL�
Adoption Certified by Council Secretary
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
06 -��r
LP — License/Inspecaon/Environ Prot
Contact Person 8 Phone
Christine 0. Rozek
266-9t06
Must Be on Council Agenda by (Date):
17-MAY-06 n � i � /
25-ApR-06
■■/
Assign
Number
For
Routing
Order
Total # of Signature Pages _(Clip All locations for Signature)
Green Sheet NO: 3030520
0 (LiceaseJlnsoecfion/Environ Pro I
1 ILicense/InsnectioNEnrironPro DeoarhoeotD'rector
2 i ttom
3 pl7avor's Office I MavoNAssistant
4 ouncil
5 Ctity Cterk �qh• ri 4
Appzoval of an ordinance amending Chapter 376.16 of the Saint Paul Legislarive Code to update disqualifying crinrinal history, update
citations to Minnesota Statutes, and allow licensure for Wisconsin residents.
idations: Approve (A) or F
Planning Commission
CIB Committee
Civil Service Commission
(R):
Service Contracts Must Answer the Following Questions:
1. Has this personlfirm ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, 4ssues, Opportunity (Who, What, When, Where, Why): �
Current legisla6ve code states that a driver can have no felony convicrions in the last (5) yeazs meaning a felon released from prison for
murder or rape afrer a five yeaz sentence can drive a cab legally in Saint Paul. This ordinance would change t]us to ten yeazs following
release froxn sentence for certain crunes. In addition the ordinance would allow Wisconsin residents to drive cabs in Saint Paui.
AdvanfaqeslfApproved:
DisadvantageslfApproved:
Disadvantages If Not Approved:
Total Amount of
Transaction:
Fundinp Source:
Financial Information:
(Explain)
Cost/Revenue Budgeted:
Activity Number:
RECEIVED
APR 2 5 Z006
MAYOR'S OFFICE
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aPR 2 5 ,�Ofl6
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CITY OF SAINT PAUL
Christapher B. Co[eman, Mayor
April 6, 2006
BUSINESS REVIEW COUNCIL
n�;� sa�>, c��. �/ /
RobertHvmphrey,BRCStajJ' C/�� �('/�
COMMERCEBUILDING Zelephone: 657-266-9123
8 Fourth Street East, Suite 200 Facsimile: 657-298-4196
St P¢ul, Minnesota 55107-1024 Web: w�nv.liep.us
TO: Members of the Saint Pau1 City CounciVOther Interested Parties
FROM: Davld Baker, Chair, Business Review Co ,
RE: Approval for Proposed Taxicab Legislation
Please note that the Buslness Review Council (BRC)Executive Committee received input from
LIEP staff and representatives of the taxicab industry on March 1, 2006, and on March 16, 2006.
On March 1, 2006, the Business Review Council amended Proposal Three making the minimum
number of cabs required to open a tasi operation five instead of the ten proposed. The Executive
Committee moved this agenda item with recommendation for approval to the full Business
Review Council.
At our Apri16, 2006, Full BRC meeting the BRC approved the three proposed changes to
current Saint Paul Legislative Code. The Minutes from these meetings are attached. P1ease
let me know if you have any questions or concerns. I can be reached at 651-651-846-1583.
Proposal One:
Requires insurance companies to notify the certificate holder immediately in writing that a
vehicle is being deleted from coverage under their policy.
Proposal Two:
Would increase the amount of time an individual convicted of a majar felony would have to wait
in order to operate a cab. This proposal would require persons convicted of a major felony
ineligibie to operate a cab ten yeazs from the date of dischazge from their sentence rather than
five years from the date of conviction.
Proposal Three:
Would require an applicant for a tasi cab vehicle license to a�liate with a service company with
a minnnum of five City of Saint Paul licensed vehicles.
AA-ADA-EEO Employer
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City of Saint Paul Second Meeting
Business Review Council v� ��"
NIINUTES
David Baker, Chair, called the second Business Review Council (BRC) meeting to order on Thursday,
Apri16, 2006, at 735am in Room 40A of City Hall, Saint Paul, Minnesota
Members•
Present Excused Absent
Tom Azzone P
David Baker, Chair, BRC P
Terri Banaszewski P
Bill Buth P
Christine Butterfield P
Robert Cardinal P
Bill Cosgriff, P
Bill Daly E
Tait Danielson P
Nick Gehrig P
Randy Geller P
Louis Henry P
Pat Igo P
Thomas Moran E
Mike Skillrud P
Billie Young P
Steven Zaccard P
Others present: Bruce Beese, Acting Director, Public Works; Robert Humphrey, BRC Staff, LIEP; Bob
Kessler, Director of LTEP; Christine Rozek, Deputy Director, LIEP; Reid Soley, LIEP
Pat Igo moved the agenda. A second was heazd.
The motiou prevailed.
Next, Bill Buth moved the Minutes from the February 2, 2006, Business Review Council Meeting. A
second was heard.
The motion prevailed.
Chair Baker then recognized Reid Soley who proceeded to give a presentation on tlu�ee proposed
changes to the Saint Paul L,egislative Code regarding taxicab regulations in the City. Three untitled
ordinances were dishibuted. Bob Kessler, Director of LIEP, joined in the discussion.
Questions and comments from BRC members on the proposed regulations followed.
�-��`
Proposal One would require insurance companies to notify the City of Saint Paul immediately if a
taaticab vehicie has its coverage deleted.
Steve Zaccard moved Proposal One for approval of the Full BRC. A second was heard.
THE MOTION PREVAILED UNANIMOUSLY
Proposal Two would update disqualifying criminal history, update citations to Minnesota Statutes, and
allow licensure of Wisconsin residents.
Steve Zaccard moved Proposal Two for approval of the Full BRC. A second was heard.
THE MOTION PREVAILED UNANIMOUSLY
Proposal Three would amend the 3aint Paul Legislative Code requiring taxicab vehicle license
applicants to be affiliated with a service company with a minimum of five City of Saint Paul Licensed
Vehicles.
Discussion from BRC members on Proposal Three continued.
Bill Buth moved Proposal Three for approval of the Full BRC. A second was heard.
THE MOTION PREVAILED
Next, Chair Baker began to speak on the Business Review Council's involvement in two sessions held
March 28, 200b, and March 29, 2006, to gather input from stakeholders regarding code enforcement
activities in Saint Paul.
The Chair then recognized Mayor Chris Coleman who proceeded to thank members of the BRC far
their service to the City of Saint Paui. He also stated that he looked forward to working with members
of the BRC far the next four years.
A questions and answer period with Mayor Coleman followed.
VJhen Mayor Coleman left a discussion period regarding the future of the SRC and a diversification
effort followed.
Chair Baker then continued his update regarding the stakeholder input sessions. Chair Baker stated that
this input should be included in future BRC meetings. Pat Igo also attended theses sessions and joined
in the discussion.
Questions and comments from BRC members followed.
Christine Rozek then briefly updated members on proposed distance requirements limiting mobile food
vendors from locating directly in front of licensed restaurants. Bob Kessler joined in the discussion.
Questions and comments from BRC Members followed.
ob -��
Next, the Chau recognized Robert Humphrey who proceeded to update members on an E-Mail received
from Craig O'Brien in PED on the former mayor's Small Business Review Policy Council.
Mr. Baker indicated that Mr. Humphrey should invite Mr. O'Brien or a suitable PED representative to
our next BRC Execurive Committee meeting to discuss this matter in further detail.
Respectfully submitte�
✓•
Robert L. Humphrey,
City of Saint Paul Off