03-711Council File # ��� 1(
Cneen Sheet # � al�p��
Presented By
Referred To
1
2
3
4
5
6
7
8
9
10
Committee: Date
RESOLVED, that the Taacicab Driver's License Application submitted by Hamdollah
Farzan (license ID No. 20020005492), is hereby denied for his January 2000 felony conviction
for Tenoristic Threats.
This resolution and the action of the Council in this matter are based upon the facts
contained in the Dakota County Court Records for case number K9-99-2383, Lakeville Police
Deparhnent Report 99012073, and the June 16, 2003 Notice Of Intent To Deny License
Application letter to the licensee. The applicant did not respond to the Notice Of Intent To Deny
License Application.
Z�
Adopted by Council: Date %///_'. /, �Oo�
Adoption Certified by Council Secretary
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Requested by Department of:
BY � �i'�-�N4�-n.A� � /��
(�-1!
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
�p — License/Inspection/EnvironProt
Contact Person 8 Phone:
Vrginia Paimer
266-8770
PAUSt Se on
06AUG-03
14-JUL-03
�
Assign
Number
For
Routing
Order
Green Sheet NO: 3002601
0 ice s ns 'oNEnviro Pro
1 icensdtns ctio o"ro Pro De artmentDirector
2 i tto�ne
3 a r's O�ce Ma or/ "stant
4 ouncil
5 i Clerk i Clerk
ToW I# of SignaW re Pages _(Clip Ail Locations for Signature)
Action Requested: �
Adverse action against the Taxicab Driver License App}ication submitted by Hamdollah Farzan.
�aatrons: approve (a) or tc
Planning Commissiorr�
CIB Committee
Civil Service Commission
(3uestions:
1. Has this personffirm ever worked under a contract for this department?
Yes No
2. Has this personffirm ever been a city employee?
Yes No
3. Does this personffirm possess a skilf not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Taxicab driver license applicant Hamdollah Farzan has a January 20, 2000 felony conviction for Terroristic Threats, which makes him
ineligible for licensing as a taxicab driver pursuant to Saint Paui Legislative Code 376.16 (e}(d).
AdvantaqeslfApproved:
Council action necessary to enforce licensing requiremenu.
Disadvanpges If Approved:
None -
DisadvaMages If Not Approved:
City will have failed to enforce its own licensing requiremenu.
Total AmouM of
Transaction:
P�nding Source:
CosURevenue Budgeted:
AcGvitv Number:
���i+��.-�^z,.,.:i. ' . :;;�,
Fi nancial Information:
(Explain)
�
D3-�tl
OFFICE OF THE CITY ATTORNEY
Mamrel J- Cervnntes, Ciry Altorney
CITY OF SAINT PAUL Civif Division
Randy C. Kelly, Mayor 400 Ciry Ha(1 Telephone: 651266-S110
lSWestKellogg8lvd. Fncsimi[e:65l298-5619
Saint Paul, Mimnesota 55l02
i
July 10, 2QQ3
NOTICE OF COUNCIL MEETING
Hamdollah Fazzan
4455 Woodgate Point
Eagan, NLN 55122
RE: Application for a Saint Paul Taxicab Driver's License
Dear Mr. Farzan:
Please take notice that this matter has been set on the Consent Agenda for the Council
meeting scheduled for 3:30 p.m., Wednesday, August 6, 2003 in the City Council Chambers,
Third Floor, Saint Paul City Hall and Ramsey County Courthouse.
Enclosed are copies of the proposed resolution and other documents which will be
presented to the City Council for their consideration. This is an uncontested hearing in that the
facts concerning your felony January 20, 2000 conviction far Terroristic Threats have not been
disputed. The recommendation of the licensing office is for the denial of your taxicab driver's
license application.
If you have any questions, please call me at 266-8710.
Very truly yours,
-� c�� �.�-��.
Virginia D. Palmer
Assistant City Attorney
cc: Assistant Council Secretary, 310 City Hall
Christine Rozek, Deputy Director of LIEP
Rich Jents, LIEP
Reid Soley, LIEP
AA-ADA-EEO £mployer
�3-� �1
UNCONTESTED LICENSE HEARING
Appficant Name:
Address.
Council Date:
Hamdollah Farzan
4455 Woodgate Point, Eagan, MN
Wednesday, August 6, 2003
Viofations: January 20, 2000 Felony Conviction for
Terroristic Threats
St. Paul Legislative Code §376.16(e)(4)
Recommendation of Assistant City Attorney on beha{f of client, Office
of License, fnspections and Environmental Protection:
Denial of Taxicab Driver's License Application
Attachments:
1. Proposed resolution
2. Notice Of Intent To Deny License Application
3. Dakota County District Court Sentencing Order
4. Lakeville Police Department Report Gase File #99012073
5. License information
A.4-ADA-EEO Employer
03-�t1
CITY OF SAINT PAUL
Rarsdy C. Kelly, Mayor
June 19, 2003
OFFICE ur' THE CI"TY ATTORNEY
Manue! J. Cervnn(es, C�ry Atiorney
Civii Division
400 Ciry Hal[
I S Li'est Kellogg Blvd.
Snint Paul, Minnetotn 55102
Te7ephorte: 651266-8710
F¢csimrle: 65/ 298-5619
NOTICE OF INTENT TO DENY LICENSE APPLICATION
Hamdollah Farzan
4455 WoodgatePoint
Eagan, MN 55122
RE: Application for a Saint Paul Taxicab Driver's License
Dear Mr. Farzan:
The Office of License, Inspection and Environmental Protection has recommended denial
of the taacicab driver's license application you submitted. The basis for the recommendation is as
follows:
A criminal history shows that you have been convicted of the
felony charge of Terroristic Threats from a 1999 incident, for
which you were sentenced on January 20, 2000. Saint Paul
Legislative Code § 376. 16 (e)(4) requires that to be eligible for
a license an applicant shall have no felony convictions in the
last five (5) years.
If you do not dispute the above facts, you may withdraw your application at this time.
Alternatively, if you do not dispute the above facts, but wish to have a hearing in front of the
Saint Paul City Council to dispute the recommended denial of your license application, you will
need to send me a letter admitting the violations and requesting a public hearing. The matter will
then be scheduled for a public hearing before the City Council to determine the disposition of
your license application. You will have an opportunity to appear and speak on your own behalf,
or to have someone appear there for you.
On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary
hearing before an Administrative Law Judge (ALJ). If you wish to have such a hearing, please
send me a letter stating that you are contesting the facts. Xou will then be sent a"Notice of
Hearing," so you will know when and where to appear, and what the basis for the hearing 4vill be.
AA-ADA-EEO Employer
a3-���
Page 2
Hamdoilah Farzan
June 19, 2003
If you have not contacted me by Monday, June 30, 2003, I will assume that you are
not contesting the facts and wili schedule fhis matter for the St. Paul City Council and have
it placed on the Consent Agenda during Fvhich no public discussion is allowed and the
recommended penalty will he imposed.
If you have any questions, feel free to contact me at 266-8710.
Sincerely,
— l/ �G4yJ ��
�
Virginia D. Palmer
Assistant City Attorney
cc: Christine Rozek, Deputy Director of LIEP
Christine Rozek, LIEP
Rich Jents, LIEP
AA-ADA-EEO Employer
p3-���
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on June 20, 2003,
served the attached NOTICE OFINTENT TO DENY LICENSE APPLICATION placing a true and
correct copy thereof in an envelope addressed as follows:
Hamdollah Farzan
4455 Woodgate Point
Eagan, MN. 55122
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mails at St. Paul, Minnesota.
Subscribed and sworn to before me
this 20th day of June, 20Q3.
Notary Public
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DAKOTA COUNTY
NAME:
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COURT
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03-�� 1
FILE # �;�; y�- ��
COMMUNITY CORRECTIONS
Judicial Center
1560 Highway 55
Hastings, MN 55033
(651) 438-8288
SENTENCING ORDER
1
� CONDITIONS OF PROBATION FOR `J YEAR(S) to Court � DCC.
� Serve Si.S-� C� f�"IN�fESOTA, C�UNZI' C1F DAKOTA
� � da ���th�. County Jaih days E.H.M.; __�
C
credit for time serve work release Commencing on f�,z ard of r rd in my ice this��
. �
sc e u e y ommunity Corrections Department '
��ANA.BROSTPOM COURTADMINISIRATOR
_�_ Fine $ � Surcharge $ ;� C.D./D.A. Assessment Fee $ ��
Court Costs $
Total Amount $
Payable $ �� Ut,t.•('
Hours community work service by
Restitution:
Submit to (chemical dependency) (domestic abuse) (psychological) evaluation and follow all recommendations.
Follow all aftercare as recommended by any treatment program you participate in.
� No use ot alcohol or illegal drugs. �_ Submit to random chemicallsubs �`" t tutq ���G;A CC+.;'r11Y
�'�A BR��7rc V,� ,; C,n� �Cr�ns<zr�
No DAR, DAS, or Driving Without a Driver's License, Driving Without Insurance
or alcohol related offenses. „t�(� '� �i ZQ�[�
__�__ Follow rules and regulations of Probation Depariment. BY_��� i' `�
� E�v�JT'f
Remain law abiding.
� O t.G' L-e�d'!�[ ��T" � li(/// �2t�'7"(. ��(��'�'�jC-C �
{ �! �.��'11)�/n �.1.9 /{}%� Qf J lr� ., _
$10 booking fee payabfe to Dakota County Sheriff.
Public Defender Fund reimbursement due
DATE: I �
� �> 1 i f,, j
�oi No iosas siss p�nes and fees are p2yable to: Distr.ct Ccurt, 1560 W. Hvry. 55, Has:i^gs, MN 55033 y`
� Contains a minimum of 70/ postconsumer waste ��
C�-�- �� � �
PLEA: C�L - ��i�t S�C,� ���.P/��-�J
03-Zll
Page #:1
Case File #:99012073.doc
LAKEVILLE POLICE DEPARTMENT
Incident Report
Namre oeof�ense: Tenoristic Threats/A9500 GM OFP Violation/N2370 DOC/N3030
Location of O££ense: 9430 W. 207th St.. L2keville, MN 55044
Date Reported: 09-22-99 Time Reported: 1O15hr5. Date/fime of Report: 09-22-99/1234hrS.
Status: �Arrest QExceprionally Cleazed �Unfounded []Inactive �Continued
O£ficer pssigned : T. J. Hokanson #4849
»»»»»»»»»»»»»»>»»»>»»»»»»»»»»»»»>»»»»»»»»»»>»»»»»
PERSON/PROPERTY CRIMES
YES NO
1. Was there a witness? ❑ � Watch Commander Approved:
2. Suspect infotmation? ❑ ❑ Follow up recommended? �yes Qno
3. Suspect vehicle? ❑ �
4. Traceable property? ❑ �
5. Physical evidence? ❑ �
6. Follow up warranted? ❑ �
7.Victim/wimessevaluation? ❑ []'
««G«G<GKG«K<G«G««<G
SYNOPSIS: Responded to above address on report of OFP violation. Spoke to victim
who provided me an answering machine tape containing two messages from Hamdollah
Farzan indicating that he wished to hann her if he could not see his children. Proceeded
to record copy of the two messages and collected it as evidence. Victim also gave me a
written letter from Farzan to his two children, A11en and Wellah Farzan, which is aiso a
violation of the Order for Protection. Victim indicated she had received ttus written
communication on 09-01-99. This item was also secured as evidence. After obtaining
the necessary information from the victim, I responded back to the Lakeville Police
Department to follow-up. Spoke to Lt. Schwartz who advised me that Judge Karen
Asphaug's law clerk, Natalie Fowler, received a phone call from Farzan at approximately
0900 hours. Fowler completed a typed statement indicating the conversation between her
and Farzan. In this document Fowler stated that Farzan indicated "if I don't have an
answer today, I'm going to come and destroy the court." ATL transmitted to all metro
area departments for the above listed offenses.
PERSONS/PROPERTY
Complainant: SMI'I'H, Winnie Juntado.DOB/112463
9430 W. 207"' St.
Lakeville, MN 55044
469-37°8
Suspect: FARZAN, Hamdollah Hama.DOBf062358
1199 Earl St., 2 floor
St. Paul, MN
651-778-1370
Subject: FOWLER, Natalie
Aakota County Government Center
Hwy. 55
Hastings, MN 55033
651-438-8046
Daughter: FARZAN, Wellah Juntado.DOB/101587
This documex! is provided with !he uxderstanding 1ha! i1 wll( be used an/y as lawju!/y designated.
Oth¢r uses nre no1 outhorized!
LAKEVILLE POLICE DEPARTMENT
03-� �i
Page #:2
Case File #:99012073.doc
LAKEVILLE POLICE DEPARTMENT
Incident Report
9430 W. 207` St.
Lakeville, MN 55044
469-3798
Son:
FARZAN, Allen 7untado.DOB/090186
9430 W. 207 St.
Lakeville, MN 55044
469-3798
Suspect Vehicle: MN 674JTV
1986 Mazda 626 coupe, silver
Lists to: Hamdollah Hama Farzan
Evidence: One micro-cassette tape with two phone messages
from Farzan to Winnie Smith
One letter received on 09-01-94 by Winnie Smith
from Farzan for his son and daughter
ELEMENTS: On 09-22-99 at approximately 1015 hours I was dispatched 9430 W.
207`�S to speak with Winnie Smith regarding an OFP violation. Upon arrival Smith
advised me that her ex-husband, identified as Hamdollah Hama
FARZAN.DOB/062358, had called her on the telephone and made threats to her in
violation of the Order For Protection that is currently on file against him. I proceeded to
listen to the messages and determined that the communication was in violation of the
OFP and was harassing in nature. I then proceeded to tape record the rivo answering
machine messages and secured the tape as evidence.
T then spoke to Smith regarding the two messages. She stated she was scared of Farzan
and advised me that he has beat her up in the past and she feels he would do it again if he
is unable to see his children. Smith went on to state that Farzan has a bad temper and
goes out of control when he doesn't get his way. Smith also stated that she thinks the
messages were meant to scaze her, and if he is unable to see his children, she felt that he
would hurt her. Smith also stated that knowing Farzan's demeanor she feels very unsafe
and is scazed of him.
Smith also provided me with a letter addressed from Farzan to Allen and We11ah Farzan
that she stated she received on 09-01-99. The letter indicated that Farzan hopes to see his
kids soon and is sorry that he couldn't be there for their birthday. Fazzan also inciuded
business cards, as we11 as a picture of him. It should be noted that any written, oral, or
other type of communication is prohibited in the OFP. This letter was secured into
evidence.
This documenl is provided wilh tke undenfarsding (h¢1 i1 w8f be psed on[y aslawjully desigrtuled.
Othe� uses are not authorized!
LAKEV7LLE POLlCE DEPARTh1ENT
03-�1 ll
Page #3
Case File #:99012073.doc
LAKEVILLE POLICE DEPARTMENT
Incident Report
After obtaining the basic information from Winnie 5mith, I responded back to the
Lakeville Police Department to conduct follow-up to this case.. Upon returning to the
Lakeville Police Department I spoke with Lt. Schwartz regazding this case. Lt. Schwartz
advised me that Judge Karen Asphaug's office received a phone call from Farzan on 09-
22-99 at approximately 0855 hours. Judge Asphaug's law clerk, Natalie Fowler, returned
the message at approximately 0900 hours. Fowler stated that Farzan hung up on her
while he was speaking with him. Fowler also stated she called Farzan back and Farzan
stated, "if I don't have an answer today, I'm going to come and destroy the court."
Fowler completed a one page report on what was said between herself and Farzan over
the telephone and this item was f�ed to the Lakeville Police Department and will be
secured and attached to the case file.
It should also be noted that Farzan was located on 09-21-99 at Kenwood Trail Junior
High s�hool (see CF #99012057) in violation of the OFP which states he cannot have
contact with his children, including going to their schools.
After obtaining ali the necessary information and getting a hold of Farzan's current
address, I proceeded to complete a metro-wide ATL on Farzan for Probable Cause
Terroristic Tt�reats, this earlier conduct and both OFP violations.
STATUS: Cleazed by arrest.
BY: T. J. Hokanson
/bam
C: County Attomey, 09-22-991bam
This documettt is provideA wilh the urtderslamdimg that i! will be used only aslawjulfy designated
Other user ase not autborized:
LAKEI?LLE FOLICE DEPARTMENT
Page #:4
Case File #:99012073.doc
LAKEVILLE POLICE DEPARTMENT
Incident Report
SUPPLEMENTARy REpORT BY OFFICER T J HOKANSON:
Date: 09-22-99 Time: 1500 hours
On 09-22-99 at approximately 1400 hours I received information that St. Paui Police
Department was abie to locate Farzan at 1149 Eazl St. in St. Paul. I proceeded to respond
to the St. Paul Police Department to transport Farzan to the Dakota County jail in
Hastings. After transporting Farzan to the jail, I completed a Victim Notification of
Release Form and had the victim, Winnie 5mith, sign the document. Upon completing
the document I advised dispatch of the status and cleared,
STATUS: Cleazed by anest.
BY: T. 7. Hokanson
/bam `
C: County Attorney, 09-23-991bam
03-'��i
This documen[ is p�ovided with the understamding that i1 wi1! bt used only as [¢wJuQy design¢ted
Olher uses ¢�e not ¢uthorized!
LAKEVILLE POLICE DEPARTMENT
a3-���
Page 1k:5 Case File #:99012073.doc
LAKEVILLE POLICE DEPARTMENT
Iucident Report
SUPPLEMBNTARY REPORT BY M L HOLDEN
Date and time ofreport 1Q-Oi-99 at 1135 hours.
On 09-29-99 I presented a search wanant to be signed to the Ramsey County Court in St.
Paul. The warrant was subsequently signed by the Honorable Judge Van De North. This
warrant was presented and signed in the presence of St. Paul Police Sgt. Gregory Kuehl
who assisted in the exeeution of this wan-ant. We then responded over to the address of
1199 Eazl Street, St. Paul where we contacted the land-lord and she arrived with a pass
key if needed. Prior to entering the residence, the suspecYs 1986 Mazda fi26 Coupe
bearing MN Registration 674 3TV was located in the rear of this buiiding and the seazch
warrant was executed on the vehicle. However, no items were removed.
At approximately 1215 hours myself, Sg[. Kuehl of St. Paul and other assisting
Lakeville/St. Paul o�cers knocked on the door and announced our identity and search
warrant. No answer was obtained and the pass key was used to enter the residence.
Upon entering and securing the residence, no individuals were located inside and
photographs were taken of the apartment. There was not a lot of property within the
apartment and no items removed during the search warrant. We left the residence at
approximately 1300 hours.
The land-lord for the premise Marjorie Eliyn Mangine advised that Mr. Farzan had also
been renting the commercial space betow the apartment, however, had given verbal
notice. She advised that after she had heazd Mr. Farzan was in custody, her and her
father had gone into both his apartment and commerciai rented space and she observed in
plain view a letter drafted to the court. With this information, an addition was made to
the search warrant to include the rental space located at 1058 E Maryland. This again
was presented to the Honorable Judge Van De North who signed the warrant,
At approximately I510 hours myself, Sgt. Kuehl of the St. Paui PD and other assisting
officers knocked and identified ourselves and announced the search warrant, however, no
answer was obtained. We had then used a pass key given to us by Marjorie Mangine and
entered the property. Located inside was what appeared to be the business operation for
Mr. Farzan's financial services. It should also be noted that on the window to the street
there were banners identifying his business and phone number. Photographs were taken
of the office area and exterior of the building as well. Taken during the search warrant
was a yellow note-book from the desk of Mr. Farzan labeled Office Depot with severat
writings/letters included, one business card from Farzan Financial Services, another 5-
page letter drafted to Karen Asphaug dated OS-21-99 and one photocopied letter dated
04-22-99 with the original stapled to it. These items were taken and processed at the
LPD. A copy of inventory/receipt form was left during both search warrants at each
property.
This documen[ is provided wilh !he undersranding 1ha[ it wil( be used arc[y as lawju[[y d¢sign¢�eII.
Other user are not ¢u�ho�iud!
LA/CEVlLLE POLICE DEPARTMENT
Page #:6 Case File #:99012073.doc �j3- - t t l
LAKEVILLE POLICE DEPA.RTMENT
Incident Report
On 09-30-99 I responded and filed both seazch warrants at the Ramsey County Court "
House in St. Paul. A receipt of filing was obtained and will be included with this case
file.
STATUS: Cleazed byArrest
BY: M.L. Holden
Ijl
cc: County Atty, 10-04-99l7L.
This document u provided wiih tke underst¢nQinglhat if wUl be used on[y as fawfuUy desigrtaled
Other uses are nat ¢ufhoriyed!
LAKEVlLLE POLICE DEPARTMEM
'License�Group Gomments Text
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DBA: � HAMDOLLIJi H FARZAN
License k: 20020005492
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RECEIPT FOR APPL1CATfON
Date of Application: Nov 08, 2002
Received From: 20020a054s2
HAMDOLLAH H FARZAN
HAMDOLLAH H FARZAN
4455 WOODGATE POitdT
EAGAN MN 55122
In application for:
Tazicab Driver {Provisional) (1 ) Eff Date: Nov 68, 2002 - Exp Date: Nov O8, 2003 Lic Fee.
Totai Due on this application $40.00
Other Fees Owed 5�.0�
Account Total Amount Due 540.00
Amount Paid $a0.0o
Date Received Nov08,2o02
Outstanding Account Balance Due 30.Oo
Contads: Project Facilitator: ROZEK, CHRISTINE (651) 266-9108
Inspector(s): JENTS, RICHARD (RICH) License (651) 266-9116
Conditians:
Requirements:
Record Check - Criminai History
Record Cbeck - Driwng
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7his is not a License to operate
CITY OF SAINT PAUL 0��� �'�
Office of Liwnse. Inspections
and EnvironmenWl Protecoon
350 St. Peter S�. Smte 300
Samt PaW, Minneso�a 55102-i5�0
(65t)Ya6-9050 Fex:(65tJ26o-9124
wwv+.ti.sfpaul.m».usl�iep
$40.00 Amount Paid: $40.00
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TAXICA.B DRIVER
LICENSE APPLICATION
THIS APPLICATION IS SUBIECT TO REVIEW BY Tf� PUBLIC
PLEASE TYPE OR PRINT IN Ilv'K
CTI'Y OF SAINT PAUL
orr,c� oru�ea�e, t�e�aon�
and Envunnmental Pruteclion
350 Sc Pec S�ctt, Sune 300
s�r�, ��ou sstoz
(653) 2fb9� Faz(6S3) ]Sb9t24
Web: wmv.¢s�avim+uvtiry
Applicant Information �y ,_ � , .,,
Name and TiUe: ,�;' C� i L:�/-1 �; �Il'�%�� ��} l� �- �T f`� 1� K( V[_ /�'� .
First Middle (Maiden) Last Title
Home Address: ��r L�,✓j G;>jif 1,�-� � �% � �;� �-�h.� /"�%/�.�� %l f't %� %�
Srieet (tl, Name, Type Direction) City State Zip+4
Mail To Address (if different than home address):
" Street (k, Name, Type Direction) CiTy State Zip+4
Home Phone: (L 1 Date ofBirth: �/��/ i�� Place ofBirth: �L ��� �'
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Driver s License #: ���� 1 `�C -= Expiration Date:
Are us a citizen of the United States? t� �''
If you are not a US citizen, you must provide proof of work authorization from the US Immigration aad 1Vaturalization
Service.
Name aad �drl.-ess ofcab companyyou wi1P be driving for: � L�}r �_,_,__
Do you own or lease the cab you drive� L �:��5�"
What is the lease rate you pay to operate the cab?
Previous residence (past 5 years)
Date Street address City County State Zip Code
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