Title
Amending Chapter 376.16 of the Saint Paul Legislative Code to update prerequisites for taxicab licenses.
Body
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1
Section 376.16 of the Saint Paul Legislative Code is hereby amended to read as follows:
(a) License required. Effective March 15, 1991, no person shall drive a taxicab, nor shall any owner or lessee of a taxicab allow any other person to drive a taxicab, within the city unless that person has first obtained and displayed a taxicab driver's license under the provisions of this Code.
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(e) Prerequisites to license. Eligibility to be licensed to operate a taxicab shall be as follows:
(1) Possess a valid Minnesota or Wisconsin driver's license;
(2) Possess a current DOT medical card, have it on their person or in the vehicle while operating, and provide it for inspection upon the request of a representative of law enforcement or the Department of Safety and Inspections;
(3) Be at least eighteen (18) years old;
(4) Shall not be under sentence or have been discharged from sentence for a felony conviction within the ten (10) years immediately preceding application for a license for the following offenses: Murder (Minn. Stat. §§609.185 to 609.195), manslaughter (§§ 609.20 to 609.205), criminal vehicular homicide and injury (§ 609.21), assault I-III (§§ 609.221 to 609.223), criminal sexual conduct (§§ 609.342 to 609.3451), indecent conduct (§ 617.23, subd. 2 or 3); or any violation of the controlled substance law (§ 152 et al) which is punishable by a maximum sentence of fifteen (15) years or more; as allowed under Minn. Stat. § 364.09.
a. The licensee shall not be under sentence or have been discharged from sentence for any felony conviction within the five (5) years immediately preceding application for a license, and shall not be under sentence or have been discharged from sentence for any non-traffic gross misdemeanor or non-traffic misdemeanor conviction within the three (3) years immediately preceding application for a license.
b. The license inspector may grant, pursuant to Minn. Stat. § 364.03, an exception to paragraph a. upon evidence that either the offense is not related to the occupation of taxicab driver, or upon evidence of rehabilitation.
c. A person holding a license on the effective date of this section (July 14, 2006) will be disqualified from license renewal only for convictions that occur after the effective date of this section. However, no licensee will be eligible for renewal if the licensee has any felony convictions in the five (5) years preceding renewal; or any nontraffic gross misdemeanor or misdemeanor convictions in the three (3) years preceding renewal involving the use or threat of use of force, possession or sale of a controlled substance, prostitution or indecent conduct.
(5) Shall have a driving record meeting the following standards:
a. No convictions in the last ten (10) 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:
1. Leaving the scene of an accident under Minn. Stat. 609.21, or 169.09, or similar law of another state or Minnesota law as amended;
2. Driving while impaired under Minn. Stat. § 169A.20, subd.1, or similar law of another state or Minnesota law as amended.
3. Misdemeanor Reckless Driving under Minn. Stat. § 169.13, subd. 1, or similar law of another state or Minnesota law as amended;
4. Refusal to submit to a chemical test under Minn. Stat. § 169A.20, subd. 2.
5. A person holding a license on the effective date of this section (July 14, 2006) will be disqualified from license renewal only for convictions that occur after the effective date of this section. However, no licensee will be eligible for renewal if the licensee has any convictions for the above-listed offenses in the five (5) years preceding renewal or in the three (3) years preceding renewal if the offense did not involve injury or death.
b. No prior license revocation within one year immediately preceding application 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 year. A moving violations shall mean for this subsection those A violation of a traffic regulation but does not include a parking violation, vehicle equipment violation, or warning citation.
d. Every new applicant shall have at least one (1) year's driving experience as a licensed driver.
e. An applicant who has had a driver's license outside the state of Minnesota at any time during the ten (10) years prior to application shall submit a copy of that applicant's driving record from that state.
f. Upon submission of proof of suitability and evidence of insurability, the license inspector may waive one (1) or more of the requirements listed above; provided, that any such waiver shall indicate the grounds for the inspector's decision and shall be approved by the director of the department of safety and inspections.
(6) Have a demonstrated knowledge of the provisions of the taxicab ordinance relating to the conduct of taxicab drivers and the operation of a taxicab.
(7) Failure to apply for renewal of any taxicab operator's license within thirty (30) days after expiration shall be deemed an abandonment of the licensee's right to such renewal.
(8) For any driver seeking original licensure, or any driver whose taxi license has lapsed for more than one (1) year if the driver never completed the taxicab driver training course, or whose taxi license has lapsed for more than two (2) years if the driver previously completed the taxicab driver training course, or as deemed necessary by the license inspector: shall have successfully completed the taxicab driver training course as set forth in section 376.17
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Section 2
This Ordinance shall take effect and be in force thirty (30) days following its passage, approval and publication.