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Memorializing City Council action taken May 18, 2011 imposing adverse licensing action against the taxicab license application submitted by Michael Anthony Spann.
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WHEREAS, Michael Anthony Spann of 2196 6th Street East in Saint Paul received an Notice of Intent to Deny License dated February 8, 2011, pursuant to his application to obtain a City of Saint Paul taxicab license; and
WHEREAS, the Notice alleged that applicant was ineligible to obtain a license under Saint Paul Legislative Code Sec. 376.16(e)(4)(a), in that applicant had been convicted of Felony Theft/Public Assistance on February 16, 2007, which was within five years of his application; and
WHEREAS, applicant denied the allegations and requested a hearing before an Administrative Law Judge; and
WHEREAS, a hearing was held before an Administrative Law Judge on April 13, 2011, at which each party presented testimony; and
WHEREAS, the Administrative Law Judge issued a Report on April 22, 2011, in which the Administrative Law Judge issued Findings of Fact, Conclusions of Law, a Recommendation and a Memorandum; and
WHEREAS, the Administrative Law Judge found that there was sufficient proof that applicant was ineligible for licensure under Saint Paul Legislative Code Sec. 376.16(e)(4)(a); and
WHEREAS, the applicant was given notice that a public hearing would be held before the City Council on May 18, 2011 at which time licensee would have an opportunity to present oral or written argument to the Council; and
WHEREAS, applicant did not file any exceptions to the report of the Administrative Law Judge; and
WHEREAS, at a public hearing on May 18, 2011, Council File # 11-12, the Council of the City of Saint Paul considered all the evidence contained in the record, the arguments of licensee at the public hearing, the Administrative Law Judge's Findings of Fact, Conclusions of Law, and Recommendations; now, therefore, be it
RESOLVED, that the Council of the City of Saint Paul issues this decision based upon consideration of the record of the entire proceedings herein, including the hearing before the Administrative Law Judge, all the documents and exhibits introduced therein, the Findings of Fact, Conclusions of Law and Recommendation as referenced above, and the deliberations of the council in open session of that hearing; and be it
FURTHER RESOLVED, that the applicant's application for taxicab licensure by the City of Saint Paul is hereby denied; and be it
FINALLY RESOLVED, that the Findings of Fact, Conclusions of Law, and Recommendation of the Administrative Law Judge in this matter are hereby adopted as the Findings and Conclusions of the City Council in this matter.
A copy of this resolution, as adopted, shall be sent by first class mail to the Administrative Law Judge and to the license holder.