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99-615oR��,��, Council File # � � �o � Green Sheet # � 7�Z� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented B� Referred To 2 WI�REAS, an aduiinistrative hearing was held before Administrative Law Judge 3 George Beck on May 24, 1999 on an applicarion for a currency exchange license by Endeavor 4 Financial, Inc. for the premises at 577 University Avenue, Saint Paul; and 6 7 9 10 11 12 13 14 15 16 17 18 19 WHEREAS, notice of said hearing was duly published and no interested persons appeazed at the hearing in opposition to the license application; and WHEREAS, the adminisirative law judge issued Findings of Fact, Conclusions and a recommendation on May 25, 1999 recommending issuance of the license; now, therefore be it RESOLVED, that the Findings of Fact, Conclusions and Recommendation of the Admuustrative Law Judge sha11 be adopted in its entirety and shall be attached and incorporated herein by reference; and be it FURTHER RESOLVED, that the currency exchange license application by Endeavor Financial, Inc. for the pzemises at 577 University Avenue, Saint Paul be and is hereby approved and said approval shall be forwazded to the Commissioner of Commerce of the State of Minnesota. � Reguested by Department of: Hy: Appz By: By: Form Approved by City Attorney BY: � I '�, ,,.,,r� -�.� v !_ � 1...-(f\ lJ Approved by Mayor for Submission to Council By: Adopted by Council: Date��4�,r\� l�� Adoption Certified by Counc' Se e ary\ �tG—(o � S DFPARTMEM/OFFICFJCOUNCIL DArEU�Rwrm c�t caun�� 6-30-99 GREEN SHEET No 63426 CONTACT PERSI7N 8 PFipJE InXh1lDab inM1YIWQa Jerry Blakey, 266-8610 , �.� Musr ee ota counica ncaea sr (on�l �ss�x July 7, 1999 �� u,v�T„xx�r a,vaEx¢ RWTING � iWY1CI41.fEM11CFS0n. AUII1CIRLaErtV/RCCTC ❑ MYd11�AE9mMR) ❑ - TOTAL # OF SIGNATURE PAGES (CL1P ALL LOCATIONS FORSIGNATURE) CTION RC-0UESTED Approving the currency license application by Endeavor Financial, Inc for the premises at 577 University Avenue and forwarding the approval to the Commissioner of Commerce of the State of Minnesota. RECOMM NDA ION Approve (A) w RejeCt (R) PERSONAL SERVICE CONTRACTS MUSTANSWER TNE FOLLOWING QUESiIONS: t. HasthispersoNfi�meverworkedundxacoMractforNisdepaAment? PLANNINGCOMMISSION YES NO CIBCOMMITTEE 2. Nastliispe�soNfirmeverheenacityemploYee? CIVIL SERVICE CAMMISSION YES No, � 3. Does this personlfrm possess a skill not normalrypossessed by eny curteM c@y employeel . YFS t� 4. Is thie pe�soMrtn a tarpeted vendoYl YES NO E��ain all yes answers on sepdiate 5heet and attach to preen sheet INITIATING PROBLEM ISSUE, OPPoRTUNITY (Who, What, W�en, Where, Why) ADVANTAGESIFAPPROVFD " �U�3t� �6:3��f��t �aeRE°r �,�,.. �J�U��0�19��; - . .. .� _��..� � _ � � _ DISADVAMAGESIFAPPROVED . ; . ..�. � _ ..' . . . � . . . ..' . -, .. _' ^.�' " _,; _ - .. . .. . . . , �,y � " _ , . _ o . ,. . ; .... .. ._ ...>. .. , , ,� � DISADVANTAGESIFNOTAPPROVED - ,., - . ,� TOTAL AN70UNT OF TRANBACTION�f � �` - � . . � � ' - ' � ' C08T/REVENt1E BUDGETED (CIRCLE bN� �' . � YES " ' Nb FUNOING SOURCE ACTNITY NUMBER FlWINCIALINFORMA210N{DWLAIN)_ , - . . � _ . . - ' _ " " � " " ".. . . _ " �i� � S SAtNS PAUL � AAAA Interdepartmental Memorandum CITY OF SAINT PAUL �Ol��'r" �gS�'��`t �as;�CaP DATE: TO: FROM: RE: Nancy: June 23, 1999 Nancy Anderson Assistant Council Secretary 310 City Hall Peter Pangborn Legal Assistant 400 City Hall Consent Agenda - July 7, 1999 Endeavor Financial, Inc. .,�� Attached is the resolution identifying the council�s adoption of the ALJ's Findings of Fact, Conclusions and Recommendation with regards to the Currency Exchange license application for Endeavor Financial, Inc.. Please schedule this matter for the Consent Agenda for the council hearing on Wednesday, July 7, 1999. Thanks. Since ,, Peter P. Pang rn May 25, 1999 STATE OF MINI�3ESOTA OFFICE QF AAMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 Fred Owusu City Clerk 170 City Hall 15 W. Keliogg Blvd. St. Paui, Minnesota 551d2 RECEtVED ��'� �py 2 g 1999 MAY � 7 1999 ��-�� LERK �IT� ATTORNEY �i�-�Cy15 �q RE: In the Matter of the Currency Exchange License Application of Endeavor Financial, Inc., 577 University Avenue, St. Paul, Minnesota; OAH Docket No. 1-21 1 1-1 221 1-3. Dear Mr. Owusu: Enc{osed and served upon you is the Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge in the above-entitied matter. Also enclosed is the official record and we are now closing our file. Sincerely, % �//!O �//!� _----- GAS:Ic Enclosure cc: Joei Frankiin Curtis R. Potts ��SO /CI Ti� �-- �D�1z°.� �P�d�.n�� { f/Lrf- £��. U �/� -• ti�LnK � f I � � ��°� �;��?�' , � �� `�� Prowdmg �moar!ia1 Heanngs for Government and Gi�zens An Equa Opp ortunrty Employer Admi�istat�i�> Law Sec!�o� &�dm�rn_r,-atroe Se.v�ces (c"2` 3�"-�500 � TD+7 Nc �612) 3t�-�3aE + Fax No l6"12! 3a5-2665 ��,-�� 5 STATE OF MINNESOTA) ) ss COUN�Y OF HENNEP{N} AFFIDAVIT OF SERVICE BY U.S. MAIL Louise C. Cooper, being first dufy sworn, hereby deposes and says that on the 25 day of Mav, 1999, at the City of Minneapolis, county and state aforementioned, she served the attached FINDINGS OF FACT CONCLUSIONS AND RECOMMENDATION: OAH Docket No. 1-2111-12211-3 by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid and addressed fo the individuals named herein. Fred Owusu City Clerk 170 City Half 15 W. Ke{{ogg 81vd. St. Paul, MN 55102 Curtis R. Potts 8135 Foxberry Bay Savage, MN 55378 Joel Frankiin Assistant City Attorney City of St. Paul 400 City Hafl and Ramsey County Courthouse 15 West Kellogg Bivd. St. Pau�, MN 55102 �tie_,_._—__. �, �ca�v�c2 Louise C. Cooper Subscribed and sworn to before me this 25th day of May 1999. 4.0 e ' / E'� tl--,-� Nofary Public / �,.-< LAVONREGAN ' y� -s,'�° N4TARYPUBLiC—Mi;;*JE50?A � ?#'?� HENNEPIN CCUN-Y � idy Comm. Epir¢s Jan 's�. �C:q , . 3. �i�—to � S 1-2111-12211-3 STATE QF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR TNE ClTY COUNC4L OF THE ClTY O� ST, PAU� In the Matter of the Currency Exchange License Application of Endeavor Financial, 1nc. 577 University Avenue St. Pau1, Minnesota FINDINCS OF FACT, CONCLUSIONS AND RECOMMENDATtON The abave-entitied matter came on for hearing before Administrative Law Judge George A. Beck on May 24, 1999, in Room 40-A, St. Paul City Hall and Ramsey County Courthouse, 15 West KeAogg Soulevard, St. Paul, Minnesota 55102. The record closed at the conclusion of the schedu4ed hearing. Joel Frank{in, Assistant City Attomey, City af St. Paul, 400 City Ha41 and ftamsey County Courthouse, 15 West Ke{logg Boulevasd, St. Paul, Minnesota 55102, appeared on beha{f of the City of St. Paul. Curtis R. Potts appeared on behaff of Endeavor Financial, Inc. NOTICE This Report is a recommendation, not a finai decision. The Council of the City of St. Paul will make the fina! decision after a review of the record which may adopt, reject or madiiy the Findings of Fact, Conclusions and Recommendations contained hese+n. Pursuant to St. Pau4 Leg+siative Code Section 310.05 (o-1), the finai decision of the City Councii shall not be made until this Report has been made availab{e to the parties fo the proceeding and the applicant has been provided an opportunity to present oral or written arguments alleging error on the part of the Administrative Law Sudge in the appVication of the {aw or fhe interpretation of the facts and an opportunity to present argument re{ated to any recommended adverse action. The applicant shou{d contact the Councii of the City of St. Pau1, 310 City Hai{, St. Paul, Minnesota 55102, to ascertain the procedure for presenting argument. STATEMENT OF iSSUE Shouid this applicafion for a cur�ency exchange license, under Minn. Stat. Chapter 53A, be approved by the Council of the Cifi� of St. Paul, after published notice and hearing? ti. �'l�i �e � � Based upon all of the proceedings herein, the Administrative Law Judge makes the following: FlNDINGS OF FACT 1. The Notice of Public Hearing in this matter was served by the City of St. Paul on the Applicant on May 6, 1999, by mail.' 2. In accordance with Minn. Stat. § 53A.04 and Chapter 381 of the S#. Paul Legisfative Code, the City Attorney's Office notified interested persons of the public hearing, scheduled for May 24, 1999, by publication on May 8, 1999, and by letter on May 6, 1999? 3. Curt Potts, the applicant, Joel Franklin, the Assistant City Attorney, and a representative of the City of St. Paul Office of License, Inspections and Environmental Protection appeared at the scheduled pubiic hearing. No testimony was taken. The hearing was scheduled to begin at 930 a.m. After waiting until 9:45 a.m. for possible appearance by members of the public, the undersigned, the appiicant, and Mr. Franklin concurred that there was no need to take testimony or to othenvise proceed with a formal hearing. Mr. Franklin submitted the City's exhibits. It was indicated that no interested persons had contacted the City after the issuance of the Notice of Public Hearing and that the application was in order. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Councii of the City of St. Paui and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and the St. Paul Legislative Code §§ 381.02, 310.05 and 310.06. 2. The City of St. Paul has fulfilled ail relevant substantive and procedural requirements of the law and rule. 3. The City of St. Paul has given proper notice of the hearing in this matter including proper notice in accordance with the requirements set forth in Minn. Stat. Chapter 53A and Chapter 381 of the Legislative Code of the City of St. Paul. 4. The applicant has fully compiied with the application requirements specified by law. ' Ex. 2. ' Exs. 3, 4. ' Ex. 4. � �t�t— c � 5 5. No member of the public have opposed the application for licensure Based upon the foregoing Conciusions, the Administrative Law Judge makes the following: RECOMMENDATfON IT IS HEREBY RESPECTFULLY RECOMMENDED that the Councii of the City af St. Paul appcove the currency exchange license application of Endeavor Financial, Inc. Dated this 25 day of May 1999. �� GEORGE A. K Administrative Law Judge NOTICE Pursiaant to Minn. Stat. § 53A.04, the Council of the City of St. Paul is required to forward its approval or disapproval of the license application to the Commissioner of Commerce of the State of Minnesota for the Commissioner's approval or disapproval. If the application is denied, the Commissioner shall mail notice of the denial and the reason therefore to the applicant. The applicant upon denial may request a further hearing as provided for in Minn. Stat. § 53A.04(b). �� —c� i 5 OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL IN RE THE MATTER OF THE LICENSE APPLICATION OF ENDEAVOR FINANCIAL, INC. 577 UNIVERSITY AVENUE SAINT PAUL, MINNESOTA 55103 CITY'S PROPOSED EXHIBITS MAY 24, 1999 TO: Judge George A. Beck, Administrative Law Judge, Office of Administrative Heacings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401- 2138 The foliowing constitutes a list of the Ciry's proposed exhibits for the Administrative Hearing on May 24, 1999. Exhibit No. Description Exh. No. 1 Currency Exchange License Application material from the State of Minnesota, Department of Commerce (14 pp.); Exh. No. 2 Notice of Pubiic Nearing letter dated May 6, 1999, with Affidavit of Seivice (3 pp.); Exh. No. 3 Notice of Public Hearing for pubiication (1 p.); Exh. No. 4 Publication notice and Affidavit of Pubiicafion for Saturday, May 8, 1999 (1 p.). ��--c� t � Also attached please firrd caurtesy copies of applicabie State of Minnesota- statutes and St. Paul City ordinances: St. Paul Legislative Code Chapter 381 Minnesota Statute Chapter 53A Respectful{y submitted this 24�' day of May, 1999. � � �,-../� . el Franklin Assistant City Attorney Office of the City Attorney 400 City Hall 15, West Keliogg Boulevard Saint Pau4, Minnesota 551fl2 (612)266-8719 � JEPARTMENT OF COMMERCE t33 EAST SEVENTH STREET ST. PAUL. MINNESOTA 55101 (651} 296-6319 '��`�� ,,.;..,... �: � �� -�� -;. CURRENCY EXCHANGE �b15 ` at� (For Department Use Oniy) , °f h lio � F�c� � ,a. a,..,.... i s��„}� 99 F �� 2 f999 Oe� �EB 23 i999 ��=� The data which you furnish on this form wiil be used by the Departmeni of Commerce to assess your qualificatians for a Iicense. Disclosure of your social security number is voluntary. You are not legally required to provide this data, however, if you do not provide your social security number the Deparemen! of Commerce may be unable to grant a license. The Department may �se sociai security numbers for revenue recapture as authorized by Minnesota Statutes, Chapter 270A and for idertification purposes. After issuance of a license, aii information contained in this appticat�on, except your social security number, is public pursuant to Minnesota Statutes, Chapter 13. A. TYPE OF LICENSE O NEW O RENEW O AMENDED NAME B. APPUCANT tNFORMATlON O O LIMITED LIABiLITY � PARTNERSHIP Have you, a� of the owners, partners, officers, directors or shareholders owning more than 10% of the corporate stock, or any employee with the authority to exercise managemertt ar policy controf over the company ever. YES � a 1. Held a currency exchange ficense in any othar siate other than Minnesota? If YES, the new license application must include a verification of license certified by the state(s); all other applicants must verify that the certification(s) previousiy submitted is accurate. O � 2 Been the subject of any fnquiry or investigation by any division of the Minnesota Commerce Department? � REV 7ig8 3. Had any occupat'sonal license censured, suspended, revoked, cancelled, terminated or been the subject of any type of administrative act�on in any state including Minnesota? (OVER) � Endeavor Financial, Inc. �� Citc�'. F,xh.'Vn. 4 — ALL applicants must answer the following questions. If any questions are answered "YES'; you must attach a detailed written explanation and a!1 iegal documentation, if applicable. STATE OF MifyNESQtp.,.� � � ,eeptn H�nee BOND NUMBER: ��,--co� 5 RED1055571 �R 2 6 �CYlRRENCY EXCHANGE SURE7Y BOND p�t pf COmn�esc KNOW ALL PERSONS BY 7riE5E PRESENTS: That (Name ot Currency Exchange) y M2NNESOTA CORPORATION or form of with business oKce at 577 i as PRINCIPAL and (Name ot Surety) a corporation duly o�ganized unde�'he lav+s olthe StatP c•_ rOWa whicim is authorized to engage in the business of insurance in the State of Minnesota, as SURETY, are hereby held and firmiy bound to the Department of Commerce af the State of Minnesota in the sum af TEN THOUSANp DOLLARS (510,000). Principal and Surety here6y hind the••;�e�:.== .;;�,; reoresen+2�tv=�, su_cestc � anC �s>i ns, �o:ati . y 1 y an� severally by .he�_ a;gsar„s. The parties further agree that: 1. The purpose of this obfigation, which is required by Minnesota Statutes, Secfion 53A�8, is io secure the compiiance by Principa{ witfi the terms of Minnesota Sfatutes, Section 53A02 to 53.�13, and arty other legal obligations arising out of the Principal's conduct as a currency exchange. 2. This bond is for the benefrt of the State of Minnesota and all persons suttering damages by teason of the Principa!'s failure to comply with Minnesota Statutes, Sedion 53A.02 to 53A08, or other legal obligations arising out of Principai's condud as a currency exchange. 3. !f the Principal shali vioiate Minnesota Statutes, Secfion 53A02 to 53A08, or ottier legal obligations arising out of its condud as a currency exchange, the Commissioner of Commerce, as weil as any person damaged as a resuit ot such violation shaii have, in addition to all other legal remedies, a right of action on this bond in the name of tha injured party for loss sustained by the inju�ed parYy. 4. This bond shall be effective from FEBRUARY 19, 1999 until December 31, 19 99. Sigred and Ses!ed this 19T Aday ot FEBR6ARY 199 uFnr. r•nMnAn�v ENDEAVOR FINANCIAL ZNC tName of oyrety, (Name of i ency Ex ng ) —' °/:� ��l�� By. �� . . ?S�gna:u:�: o�Attorney adr (Si ature oi resid nt, Partner, or Sole Proprietor) ='7!�:"•,-^�A L. SHINDER, ATTQRNEY–IN–rACT as by SIGNATURE DATE state aev. s�ss (OVER) INSTRIJCTIONS: f 'l� � - - - - �-- " . � - 7. Th�s side is fo be completed by a nofary public tor baYh the Pnncipal and the Surety. 2. ?leasa atiach the Power ot AKorney and Certified Capy of the Corparate Resotufian tor the Surety listed herein. e ACKNOWLEDGMENT OF INOIVIDUA� � STA ; � OF COUNTY OF ) ) ss. ) ACtCNOWLEDGMENT OF PRINCIPAL On this day of . 199_, before me personally appeared form, who acknowledged ihat this bond was executed for the purposes contai�ned tlual whose name is subscribed on this bono [Notary Seal] Notary Pubiic ............................................................. ACKNC:"::.ECG?��":T Oc o. ��f STA7E OF COUNTY OF ) ) �_. ) qi:KNOVrLFRGhRENT UF PRINC7PAt, On this day of 199 before me personally appeared subscribed on this bond form, wno acknowledged to me that th s o d exe ut d behalf the p for the purposes therein contained. (Notary Seal) Nofary Public . • • • • • r • • � • ♦ • • • • • • • . . • ♦ e • • • • . • • • � • ♦ . • ♦ • s . • . • s • • • • • s • • • • . s . s • ;/��i--F?,�ItED(iMF.N7' pF CORPOf�p;{ON � ) .. . ..,a c, .r_ ._ _ STATe OF _ !�I YL� � n-t � � . �� COUNTY O � S5 � ACKNOWLEDGMENT OF PRINCIPAL ) �� On this day of _ �('�� 9g ?� before me personalty appeared C� ri� � who acknowledged that he or she is the -rn°^�°� of a corporation wn.��o „�.,, is subscribed on this bond for and that, as a corporate n�c_>r, h•e or sfie �s 2uthorized to execute the bond for the purposes therein contained t��fYfN��M��vh'�'WIW �� >.:r T��.i±Y L. F�=! L!.1AN E " Q'}L�-^^J f^lotary SPa!] ; i�� n�r vua��c u� �' N a u ic ��u�rn--j �r.i�� Y" . . ' " " . "�:,...; Y . . 1 vTV ♦ Yi' tY F, . . . .� �:. � �,�. .;., Lzcr:s ;aq3!_o � . . . . . . . . . . . . . . . . . . . .: . . . . . . . . pr EDGMENT O� SURETY •��---' . .�. ..s,.. H+rs.,.e.,,....r... ..+l+�0� � STATE OF MINNESOTA ) HENNEPIN ) ss. COUNTY pF � On this 19TH day o( FEBRUARY ACKNOWLEDGMENT OF SURETY . 199 9 before me personaily appeared who acknowledged that he or she is the attorney in fact who is author¢ed to sign on behalf of �DLAND INSURANCE COMPANY AN ZOwA (surety company), , corporation, on behalf of the corporation. (s;afe or piace of corporation} � !Notary Seal� I�'� �'\ � � , • �� Notary Public � yiCHOLAS a� + IYNN ^r�. � ��.�;i��f1 �y0'AfiY?��;C N��5 it��+� V .� ��-isrc^ Exprtas Jar 31, 2C.^� . � "`-� "� ...............'i"".."..�^""'.." "'' �� .�.�. v ..� '. . .��_�.• l . � , •_. " REDLAND INSURANCE COMPAl�T ' POWER OF ATTORNEY i -s+ + - � � i ;;;3 � _ � .' _ if 1 }a:_1. 's'; .I ��j : . ,. .� ; r� _�� . �S � y � w S _ . ��rf� 1i.hT��4.�.� G¢ - ..-.. � � �.� ��ai '_ . ��,.+-.�� - Y --- --- � �- RED 1055571 �';_. I4�lOW ALL ;v1EN BY TI-IESE PRESENTS, TFUT REDLAND IIVSURANCE COMPANY does haeby make, constitire and appoint TAMqRA L. SHINDEA * THOMAS H. FAIRFlELD OF MINNEAPOLIS, MN its true and )aw(ul Attomey-in-Fac[, ro make, execute and deliver on its behalf Suretv bonds, under[akings and other inshumenCS of similar nature as Collows: ALL WRITTEN INSTRUMENTS IN AN A�IOUNT NOT TO EXCF.ED �1000,000 2his Power of Attomey vs gran[ed and sealed under and by the authoricy of the following Rcsolution adopted by the Board of Directars oE the Company on the 18th day of October, 1993. 'RESOLVED, thac the Chairman of the Board, the President, an Executive Vice President or a Vice Presidmt be, and that each of them is, auihorized to �cecvte Powas of Attomey qualifying the Attorney-ln-Fact named in the given Power of Attomey ro ezecute in behalf of the Company, bond5, undertaMngs and other instnunenfs of similar natvre, and said officeis may rename any such Attomey-in-Fact or agent and revoke any Power of Atromey previously granted to such person. FURTHER RESOLVED, that an Assistant Secretary be, and tha[ each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the xal of the Company. FURTHER AESOL VED, that the signatures oF svch officers and the seal of the Gompany may be affixed to any such Power of Attomey or to any certincate relating thereto by facsunile, and any such Power of Attomey or cerdfic3te bearing sudi facsimile si�atures or iacsimile sea] sha1l be b�nding upOn Ne Company when so affixed and in the future with respec[ to any bond, undertaking or inctruments of similar nature to wttich �t u attached.'" IN WITNESS WHEREOF, REDLAND INSURANCE COMPANY has caused its offiaal sea! to be hereunto affixed, and these presents to be signed by rts pres�dent t}us ISth day of October, 1953 Attest: � `t;; �'��--e'�/r,��/✓5�� _.` -a'` � '. � �°{ � � PETER A. KNOLLA .� . _ _ Seaetaty ' SfATE OF IOWA 1 � s.s.: COUN7Y OF POTTAWATTAMIE j R'cDLAND INSURn NCE COMPANY By { JOHN Y. NELSON President Counci] Bluffs ,+_,. � ;-:;: o, On ttils 18th day of October, 1993 before me personally came John P Netson, to me known, who being by me duly swom, did . {� � depose and say that he �s president of REDLANL? tNSURANCE COMPANY the mrporation descnbed in and which execvted tSie above in5tzumenL that he knows the seal of the said corporation, tha[ the seal affixed to the sa�d instrument is such corporate seal; that it was so affixed by order of the Board of �ectors of said corporahon and that he s�gned his name thaeto by tike order. . >`�� .lEANEnEALDREDGE ��-C(.� t�a y� MY WMMISSICN eX?IRES JEANE'ITE.ALDAEDGE �c.� aiS99 NOTARY PUBLIC � My Comm�ssion Expires March 15, 1999 1, ihe underngied, Vice President ot KEDIAND INSURqNCE CO!�IPANY an lowa corporaaoq DO HEREBY CERTIfY that the foregofng and atta<hed Power of Attomev remairvu in fvll for<e and has not been revokcd; and iurthermore that the Resolution of th_ Board of D�re<rors, set forth in the said Power of Attorney, is now �n force. _ � Sigied and sealed at the Gty of Councii Bluffs, m the State of Iowa, dated the 19TH day of FEBRUARY , 1999 . ENDEAVOR FINANCIAL, INC � � ROGER D. STORDAHL Semor Vi<e President iitiS UqC i.17F:A"i iS tiOT VALID l;itiLESS PRIATED U� C;REti `H:AI�hL B�l kC,ROI.�D R9TlLA RED SI'.AI.AL At,�IBF.R IN "�HF. _ ::PPER RIGIIT (IAVD CORV�PR THE [3:1(R OF TlIIS UtJCI AIFV' CUV1 ;;�:5 1A .ARTIP�CGVL �4"4TFR�IARfi-IIOLD A7 A`� _. AV(iL"�qblf:�1_iFYO["fiA�'L,Av1QC6SllqhS(t)Al'FRtiIA(�T11i A:IliLtil(CI"I�SOFTHISDQCI.�it:�'f.AUl.ARI:I,R<iEU � _ TOCOA'1ACTOCRPO�VFRqF4T?r)(2�'E!'<�LSTODIA'�4�I-.+ou-,r,_-;,�, ;'�E+, ioi ro� :;ax .3;�- �. -='--_ --- _-------- _ . �...r .•. ._d.^�`e� . -.. ,.. � �..li! �V.'..�L s�` . y '�� t''=`" -��. ,.- , ,. :' �- ..'/. _ r ._ __ .. _ _ _ _` .... _ �__ , `ti•''�s'r`-�_ "w�^^'_-r-�. _---• � " : =;• � � v � .� : �""' - - " - - , � ��._�� .� ': `QP O q '',` O 9 .� v .•.. m .SEAL: �OSi17-A9 WED 11:55 F.�1S 8512:26828 HO£�� & RRAUSE : , :� ,r � / ARTZCLES O£ INCORPORATION OF ENDEAVQR FINANCIAL, INC. ci�t-b� S � 002 � i�z�i The undersigned, for the purpose of forming a corporation � under and pursuant to the provisions oL Minnesota Revised Statutes, Chapter 302A, and lacrs amendatory thereof and supplementary thereto, does hereby adopt the following Articles of Incox'pozation: ARTICLE I pjAMF The name oE this corporation shall be Endeavo= Financidl, In�, ARTICLE II REGISTERED OFFICE f� The registered office of this corporation in the State of ;/ Minnesota shall be 8135 Foxberry Bay, Savage, Mi�i 553�8 ARTICLE III SHARES OF STOCR The total authorized shares of this corporation shall be� Twenty-five Thousand (25,Oo�} with no gar value Which sha11 be known as common stoek. ARTICLE IV INCORPORATOR The name and post office address of tha incorporator is: Name Curt R. ?otts Address 8135 Foxberry Bay Savag�, MN 55378 IN WZ2'NESS WH"REOF, the anove-named incorporator as executad th�e5a, Article"s of Zncorposation as of this �ay of ,19� INCO ORAT�� / STATE OF �� C�. potts ��irr�wr a si�n �� f EB A 1 �9?� ,. '�...�� " � ai �w � Q � 44o�� S Affiliation to other Currency Exchange Curt Potts- 1. President of Landmark Financiai- 942 Payne Ave. St. Paul, Mn 55101 2. l�wner of Younge, Potts, Wiezer and Company- 7620 Lyndale Ave. Richfield, Mn 55423 James C. Ericicson- Owner of Community Financial Mall of America 2. Owner of Community Financial Calhoun Square �� 5 Notarized 112 Mile Distxnce from another Currency Exchange I, Curt Potts, partner of Endeavor Financial Inc. am stating that this proposed location is more than lJ2 mile from the nearest currency exchange. % �� i � Curt Potts ` Notary a.^ct� a. �; =:»�c - : r� - - �::`,;.:ScY CC WTY ��-c�� S List of Owners James C. Erickson-12-30-43—Pariner 3701 Abbott Ave Mpls., MN 55410 478-54-6464 Curt R. Potts-12-31-b9—Partner 8135 Foxberry Bay Savage, MN 55378 475-IS-4981 �t� � � � BTAT£ OF MINNggpTA DEPARTMSNT OF PUBLZC SAFETY HUREAU OF CRZMZNAL AppggFIg@TSION CRZA3ZNAI+ JLTSTICE INFORMATION SYSTEM SECTION 1246 UNIVERSITY AVE, ST PAUL, MN 55104 - 4197 (651) 542-0670 TTY (651) 282-6555 Date; 101598 Name: ERICKSON, JAMES C DOB: 123043 SEQ #: 1576 This letter certifiea that a aearch has been made of the criminal hiatory files maintained in Minneaota by the Department of Public Safety, Bureau of Criminal Appreheneion. The search was perfoz�ned by Nar�e and Date of Birth. The reault of this search indicates that no reccrd was found based on the above aearch criteria. Thia doea not preclude the poasible existence of additional information located at county or city levels. If you have queations about thie record please contaat the telephone number above_ � �� (� � S STATE OF MINNESOTA DEPARTMEN?' QF PUBLIC SAFETY BUREAU OF CRIMINAL APPREHENSION CRIMINAL JUSTICE INFORMATION SYSTEM SECTION 1246 UNIVERSITY A�7E, ST PAUL, MN 55104 - 4197 (651) 642-0670 TTY (651) 282-6555 Date: 020899 Name: POTTS, CURT R DOB: 123169 SEQ #: 1484 This letter certifies that a search has been made of the criminal history files maintained in Minnesota by the Department of Public Safety, Bureau of Criminal Apprehension. The search was performed by Name and Date of Birth. The result of this search indicates that no record was four.d based on the above search criteria. This does not preclude the possible existence of additional information located at county or city levels. If you have questions about this record please contacC the telephone number above. �� S Work Experience Curt Potts- I, have worked for Landmark Financial since 5-92. Since 8-88 I have been a student at Oral Roberts University. James Erickson- I, have worked for Larkin, Hoffman, Daly and Lindgren from 1973 to 1997. From t997 to present I have owned Community Financial. �rt--�e�5 § �3•09 ItiDliSTRI4L LO.�N i\D TI-IFtIFT C014PA\IES =afes, and caulu of all these persons. The commissioner and all persons duly designated may require the attendance of and e�amine, under oath, all persons �rhose testimonp the commissioner mag reyuire relative to the loans or business or to the subjeet matter of an esamination, im-estigation, or heazing. lipon �3ritten agreement w�th the companr, the commis;ioner may eonduct examinations app]}�ng the procedmes for purposes of subdi�ision I, and section �6,0.}, subdivision 1, to facilitate the qualifieations of the company to paz-ticipate in the linited States Small Business ddminisn•ation loan guaizntee or similar programs. Each licensee shall pay to the commissioner the amount requu•ed under section A6.131, and the commissioner may maintain an action for the recocer�- of the costs in a coui2 of competent jurisdiction. Subd. 3. Penalties. The penalties for violation of this chapter, or for any Kn•ongdoing in connection there�� shai] be the same u those applied to state banks under the laws of this state. In addition to being subject to the penalties in section 4825, a company in violation of section o3A5, clause (2), may eure this ��olation in the manner provided in section 4825. Subd. 4. Interpretive opinions. The commissioner may honor requests from interested parties for interpretine opinions in eonneetion .iith the administration of this chapter. No ormision of this chapter or of any other ehapter to H�hich this enapter refers which imposes am� penalty shall apply to any act dove or not done in confo�Tnity� with any ��ritten interpretiee opinion of the commissioner, nornzthstanding Uiat such �n�itten interpretive oninion may, after such act or mnission. be amended or rescinded oi• be determined by judicial or other authority to be im�alid for any reason. ,lmended by Laics 1939, c. 166, § 24; Latrs 199?, c. 557, art. 1, § 21; Laws 1993, c. 25i, § 35, ef£ A1ay 30. 1993; Laws 1995, c. 202, art. 1, §§ 16 to 18, eff. May 25, 1995; Laws 1996, c. 414, art. 1, F?S, eff. .�pri13, 1996; Lans 199i, c. 15'r, § 4�, eff. llay 17, 1997. Aistorical and Statutory Notes 19$9 Legislation The 1959 amendment provided tliat in addition to being subject to penalties in § 4828, a company �iolating § 63.05, cl. (2) may eure the 4iolafion as procided in § 4828. 1892 Legislation The 1992 amendmenY, in subd, 2, cl. (1), deleted a requirement that the report be published once. at the ei of the indust�•ial loan and thrift eompany, in a neu5paper of the county of its location, K�th proof filed with the commissioner of commerce. 1993 Legislation The 1993 amendmenc added subd. 9, relating to intetpretive opinions. 1995 Legisiation The 1995 amen<knent, in subd. 1, pravided that the e.�aminations n�ere to be conducted for ffie purposes set forth in § 96.04, subd. 1, and spec�ed that thi subdi�ision applied to industrial loan and thrift companies "�5�th the right to issue thrift certiticates for investment"; in subd. 2, cL (1), changed the reQorting date from "before the first day of Febrvary" to "before the first dac ot ➢4az�ch"; and added subd. 2a, allowing the commis- sioner to investigace whether the licensee �s com- plyring with this chapter. 1996 Legislation The 19JG amendment, in subd. 2, cl. (2), deleted a provision requiring each indush�ial loan and thrift company to make the publieation required of state banks pursuant to � 4S.4S. 199i Legislation Laa-s 1997, c. 157, § 46, in subd. 2a, authorized the commissioner, upon aTitten agreement ��ith the company, to conduct examinations apph�ng the procedures for puiposes of subd. I, and §�G41, subd. 1, to facilitate ihe qualifications of the com- pany to participate in the U.S. Small Business Admuustration loan guarantee or simi7az pro- gratns. Chapter 53A CliRRENCy E1CH.4NGES Section Section ai9.OL Defimtions. Si�..05. Chaage of name, o« or locatiun. a?AO°_. Lieease. 639.OG. Fine, suspension, ur reeocation of li- a3A.03. 9oplication for license; fee=, cense. a?A.C�-4. .'�ppro�'al or denial of an apnlicat�on. 53d.07. Filing of fees; unreasonab7e fees. �j9d CURRENCY E%CHAi�'GES q� c��5 § 53A.02 Secfion Section b3A08. Bond. 53A10. ��solations. a340S1. Annual report and investigations. a3A11. BooYs of account; annual report- n3A.09. Powers; limitations; prohibitions. ��-L. Rules. a?A13. Fee notice: faise adrertising; penalty. 53A19. Repealed. WESTLAR Electronic Reseazch See WESTLAW Etech�onic Research Guide fol- loning the Prefaee. o3A.01. Aefinitions Subdi�ision 1. Currency exchange. "Currency exchange" means any person, except a bank, trust company, savings bank, savings associarion, credit union, or indust�iat loan and tluift company, engaged in the business of cashing checks, drafts, money orders, or travelers' checks for a fee. "Czureney exchange" does not inelude a person who provides these services incidental to the person's primary business if the chaz•ge for cashing a check or draft does not esceed $1 or one percent of the value of the cheek or draR, whichever is greater. Subd. 2. Commissioner. "Commissioner" means the commissioner of commerce. Laws 1959, c. 247. § 1. Amended by Lan�s 1995, e 20?, art. 1, � 25, eff. May 25, 1995. Aistorical and Statutory� \otes 1989 Legislation . Laws 19B9, c. 247, § 16, provides that this sec- ¢on is effeCtive August 1, 1959. Existing cun�ency e�hanges must submit applications in compliance aith this chapter by Oetober 1, 1989. No curreney axchange shall operate «ithout a license aher De- cember 31, 1989. 1995 Legislation La�cs 1996, c. 202, art. 1, § 2S, insu�ucted the revisor of statutes to change "building and loan assceiation" or "savings, building and loan assoeia- tion" or "sa�ings and loan assoeiatiod' or similar term tA "savings association" or similaz term in Minnesota Statutes and Minnesota Rules. 53A.02. License Subdivision 1. Requirement. A person may not engage in the business of a currency exchange without first obtaining a license from the commissioner. Not more than one place of business may be operated under the same license, but the eommissioner may issue more than one license to the same licensee upon cAmplianee by the applieant �r�th a11 the provisions of this chapter for each new license issued. Subd. 2. Distance limitation. No license may be issued or renewed under this chapter �f the place of business to be operated under the lieense is located or proposed to be located within one-half mile of another licensed currency eacchange. The distance limitation imposed by this subdivision is measured by a straight line from the closest points of the closest structures incolved. Subd. 3. Prohibition. A licensee may not contract with ano±her person or business entity to manage the curreney exchange business. This subdi�ision does not prohibit [he licensee from employing peisons to operate a curreney e�change facility. Laws 1989, c.24i, §?. Amended by Laws 1992, c. 504. $ 2. Historical and Statutorp Notes 1939 Legislation Laus 1989, c. ?47, § 16, prorides that this sec- pon is effeclive dugust 1, 1989. E�isting currency eschanges must submit applications in compliance �+,i[h this ehapter by October 1, 1989. No currencc eschange shall operate «ithout a lieense afcer De- c�ember 31, 1989. 1993 Legi>lation The 199? amendment re«rote this sec[ion, which hari read: "A pe:son ma}' not engage in Che business oi a cm7enc}' eschange �rithcut fvst oAaini�g a licerue from the commissioner. � Pe+son mar opera[e cunene}� esehanges at more than one location «ith one license." 32a S� c� � s S� �iai.02 CtiRRE?�'CT E.l'CH�\GES Lz�:; 159?, e. 502, § 9, prorides in pzrt that § 3 diat begin opeiating on or after the effee[i��e date. u efi<cti� Aqtil 'a. 1552, ti�a: 9 2. >u�ds. 2 and 3, and ihat fi?, subd. 1, applies to licenses i. or appl; ;p licen<es issued for ne«' places of busine:s rene« on or af[er that date. 53A.G3. Application for license; fees (a� �n application for a license must be in nliting, under oath, and in the forrn preceribed and ,"urni;hed by the commi�sioner and muet contain the fullo�ring: (1� ihe full name and address (both of residence and place of business) of the applicant, and ff the applicant is a partnership or association, of e�•ery member, and the name and business address if the appiicant is a co3•poi•ation; (2� the county and municipalitc, edth street and number, if any, of all cun•ency exchange loeacions operated by the applicant: and (3) the applieant's occ�pation or profession, for the ten years immediately preceding the application; pi•esent or precious connectlon �rith any other cuirency exehange in this or any other state; �chether Che applicant has erer been comzcted of any crime; and the nature of the applicant's oceupaney of the pi•emises w be lieensed; and if the applicant is a partnership or a corporation, the information specified in this paragraph must be supplied for each partner and each" officei' and director of tl�e coiporation. If the applicant is a paitnership or a nonpubiicly held corgoration, the :nformation ;pecified in this para�•aph must Ue required of each partner and each officer, d'u�ector, and scoekholders o�rning in e�eess of ten percent of the corporate stock of the eorporztion. (b) The application shall be accompanied by a nonrefundable fee of $250 for the re�iew of the initial application. Upon approva] by the eommissioner, an additional license fee of $50 must be paid by the applicant as an annual ]icense fee for the remainder of the calendaz year. An annual license fee of �50 is due for each subsequent calendar year of operation upon submission of a license renewal a�plieation on or before September 1. Fees must be deposited in the state trea�ury and credited to the general fund. Upon payment of the reqvired annual license fee, the commissioner shail issue a lieense for the year beginning January 1. (c) The commissioner shall require the applicant to submit to a background investigation conducted by the bureau of cr;minal apprehension as a condition of licensure. As part of the background investigation, the bureau of cifininal appi•ehension shall tonduct criminai history checks of Minnesota records and is anthorized to exchange fingerprints with the Federa] Bureau of Investrgation for the purpose of a criminal background check of the nationai files. The cost of tl�e im must be paid bc the appiicant. (d) For purposes of this seetion. "applicznt" includes an employee who eaercises manage- ment or polic�� control ove:• the compan,y, a cla�ector, an officer, a limited or general partner, a manager, oi• a shareholder holding more than cen percent of the outstanding stock of the corporation. Laus 1959. s 217, § 3. Amended by La�rs 1932, c. 50.9, § 3: La�cs 1993, c. 3:r3, § 1. Historical and Statutory Notes 1989 Legis]ation , Lairs 1989, e. ZA7, § IG, prmides that this see- tion is effective August 1, 19S9. Eaisting eurrencg euhanges must submit applicacions ir. compliance �iith this chapter by Octqber 1, 1959. No eurrence eschange ehall operate nithoui a licer.se after De- cember 31. 1989. 1993 Izgislation The lA9° zmendment addzd pnrs. (c) and (d), requiring a background im•es[i�aTion of applicants and defining "applicant", respecticely. La�vs d992, a 504. § 9, provides in part that § 3 is effecpte Ap�il 24, 1992, and applies to licenses issued or renew�ed on or after that date. 1993 Legislation The 1993 arnendment changed the date frum llec 1 to Sept. 1 in tl�e thiid Sentence of par. (b). 53A.04. Approa•al or denial of an application (a} };%ithin 30 davs after the receipt of a comp7ete application, the commissioner shall deny the application or submit the applieation to [he governing bod7 of the local unit o£ gocernment 326 iCHANGE5 e:feai.•e date, �� i,sued or n prescribed nolicant, and and business c}� exchange receding the a this or any �he nature of pa:tnership ied for eaeh ;r.ership or a � required of n pei•cent of he review of �e fee of $50 Iendar yeaz. tation upon a must be meat of the .r beginning :ncestigation � part of the �ina] history che Federal auonal files. =es manage- i? partner, a :toek of the pa � that § 3 _s m licenses e date from e oi par.(b). ',nall denc >ore*nment _< _..... CURRENCY E%CHAI��GES _�_ `�S-�l� § 53A.05 in tchich the applicant is located or is proposing to be located. The commissioner may not approve the application Kzthout the conc�ence of the gocerning body. The gocerning body shall gice published notice of its intenf,ion to consider the issue and shall solieit tesffmony from interested peisons, including those in the community in �ehich the applicant is located or is proposing to be located. If the gor•erning bodc has not appro��ed or di;appro�'ed the issue �cithin 60 days of receipt of the application, concurrence is presumed. The commissioner must appro�•e or disapproce the application �cithin 30 dacs from receiving the decision of the governing body. The gocerning body shall have the sole responsibIlity for it� decision. The state snall have no responsibDity for that decision. (b) If the application is denied, the commissioner shall send bc mail notice of the denial and the reason for the denial to the applicant at the address contained in the application. If an application is denied, the applicant may, Kdthin 30 day-s of receicu�g the notice of a denial, request a contested case hearing puisuant to chapter 14; pro�ided that if the denial is based upon the refusal of the governing body to concur the governing bodc nrust afford the applicant a heaiing. The applicant shall have no itight to the heaiing pro� for in this section ff the denial is based upon the governing body's refusa] to eoncur bnt shall have a heaiing before the goveining body. (c) This section applies to initial applications and rene�cal applieations. � (d) The state shal] have no responsibility for the action of the governing body. La�cs 1989, c. ?47, § 4. Amended by� Lau•s 199'?, c. 50.1, § 4. Historical and Statutory Notes 1959 Legislation Lau's 1959, c. 2d7, a 16, provides that this see- tion is effectice August 1, 1989. Esisting cumency exchanges must submit applications in complianee ni[h this chapter bt' October 1, 1959. No emrene}' exehange shalS operate ��ithout a license afeer De- cember 31, 1959. 1992 Legislation � The 1992 amendment re«i�ote this section, �chich had read: "The commissioner shall approce or denc an application «ithin 30 days from the comple[ed filing of it. If the application �s denied, the com- �nissioner shal] send by maii notice of the denial and the reason for the denial to the applicant at the address contained in the application. If an application is denied, the applicant ma��, Within 30 days of recei�ing the notice of a denial, request a contested case heuing pursuant to chapter 1� " Laas 199?, c. oOA, §�J, pro�ides in pazt that § 4 is effective dpi�l ?4, 199?, and applies to licenses issued or renewed on or after chnt dare. 53A.05. Change of name, ownership, or location Subdi��sion 1. Name or location. IF a licensee proposes to change the name or loeation of any or all of its cun•ency eschanges, the licensee shall file an application for approcal of the change ��ith the commissioner. The commissioner shall not approve a ehange of location if the requirements of seetions 53A.02, subdivision 2, and 53A.04 hace not been satisfied. If the change is appro�'ed by the commissioner, the commissioner shal] issue an amended ]icense in the licensee's ne�c name or location. A$50 fee must be paid for the amended lieense. Subd. 2. Ownership. The licensee shali notify the commissioner 3� business da}•s in advance of any ehange in ownership of the cun•ency e,eehange. The commissioner may� revoke the cuireney eachange lieense if the nea o�cnership �could have resulted in a denial of the initial license under the provi;ions of chapter 539. Lans 19R9, c. 24i, § 5. Amended by La�cs 1992, c. 50A, § 5. Historical and Statutorc \otes 19S9 Legislation 1993 Legislation La�s-> 1989, c 21 i, § 16, provicles [hat this sec- The 1992 amendment renTOte chis sec[ion, �chich tion u effective 9ugust 1, 19S9. E�isting cmreney had read: e�changes mwt submit aypiieaAOns in emnplianee °If a Lcen'+e proposes [o change tne name or nitli tnis chap[er bc October 1, 1989. No ewrenec location of am' or all of i[s c:n�eneti� exchanges, or exchange shail operate �dthout a license afrer De- adds a ne�r currency eschxage loca[ion, che hcen- cember 31, 1939. see shali file an applicacion tor approcsl of [he 33� �� S § 53A.05 ehange nith the Commissioner. If the change is approced by the commissioner, the commissaner shall issue an amended license in the liceasee's new name or location. 9$50 fee must be paid for che amended license:' CURRENCY EXCHAA'GES Laws 199?, c. 561, § 5, prrnides in par[ that § S is effectice April 24, 1982, and applies to lirenses issued or renemed on or after that date. 53A.06. Fine, suspension, oi re�•ocation of license (a) The commissioner may suspend or revoke any license under section 95.027 if the commissioner finds thaL (1) the licensee has failed to pay the annua] lieense fee or to maintain in effect the required bond or [o eomply n any order, decision, or finding of the commissioner under Laws 1989, chapter 247; (2) the licensee, or any officer or director of a corporate ]icensee, has violated any provision of Laws 1989, chapter 247, or any ru]e or order of the commissioner under this chaQter or ehapter 45; - (3) the licensee, or any officer or director of a corporate licensee, has violated any other law which u�ould indicate that the person is untrustworthy or not qualified to operate a eurrency exchange; or � (4) any fact or condition zvsts which, if it had existed at the Ume of the original or renewal applieaGon for the license, would have u�azranted the eommissioner refusing the issuance of the license. (b) A iicense may not be revoked until the licensee has had notice of a hearing pursuant to the provisions of chapter 14. (c) A licensee may surrender any license by delivery to the commissioner. The surrender does not affeet the lieensee's civil or criminai liabIlity for acts committed before the surrender, or affect the liability on the bond reqnired by seetions 53A01 to 53A13, or entitle the licensee to a return of any part of any license fee. (d) $efore suspension or revocation of the license, the commissioner may fine a licensee for ��olations of Laa-s 1989, chapter 2�17, as authorized under ehapter 45. La�is 1989, c.?A7, § 6. Historical and Statutory Notes 1989 Legislation Laws 1989, e 217, § i6, pro�ides that this sec- fion is effee6ve August I, 1959. E�sting curreney ezchanges must submit applieations in compliance w�th this ehapter by October 1, 1959. No currency exchange shaii operate «4thout a license after De- cember 31, 1989, 53A.Q7. Filing of fees; unreasonable fees Subdi�ision 1. Appro.�al of fees. Fees charged at each location for check cashing seniees must 6e filed v.4th and approved by the commissioner. Subd. 2. Amendment of fees. A licensee may amend its fees at any time by filing the proposed amendments wzth the commissioner. The application for amendment shall be in writing, under oath, and in the form prescribed by the commissioner. A fee of $50 shall accompany the application. The commissioner sha11 agprove or deny the applieation 60 days after the filing of a complete application to amend its fees. Subd. 3. $tandazds; unreasonable fees prohibited. The commissioner may disapprove the fees filed bp a currency eschange if Uiey are not fair and reasonable. In detei�nining �chether a fee is fair and reasonable, the commissioner shall take into consideracion: Q) rates chazged in the past for cashing of checks by those persons and organizations pro��ding check cashing sen�ces in the state of Minnesota; �2) the income, cost, and experience of.the operaUons of currency eschanges existing prior to this enactment or in other states under simi]ar conditions or regulations; (3) the amount of risk incolved in the type of check to be eashed and the loeation �khere the currency e�ehange operates; szs H:INGES �rt that § 5 to licenses JP7 if the z required .aws 1989, �� pirovision chapter or other law .i currency n•renewal ssuance of ursuantto surrender sun•ender, ie licensee censeefor �o currency =e afcer De- k cashing filing the �hall be in : S50 shall an 60 days disapprove �[ermining �ideration: xanizations �ting prior �chere the CURRENCY"E%CHANGES �4-b�5 § 53A.081 (4) the general cost of doing business, insurance wsts, security wsts, banking fees, and other costs assoeiated v.ith the operations of the paitieular eurcencg exehange; (5) a:�easonable profit for a cun•ency elchange operation; and (6) any other matter the commissioner deems appropiiate. The commissioner shall set a separate rate, consistent �'ith the aboce standards, for checks issued by a gorernment entitp in an amount up to $�00 to be eashed by a cun�enec exchange. LanS 1989, c. 247, § i. Historical and Statutory `otes 1939 Legislation La�vs 1989, c. .�.1i, $ 16, provides that this sec- tion is effectice August 1, 1953. Esisting curreney exehanges must submit applications in compiiance nith this chapter by Ociober 1, 79S9. No cun�ency erchange shall opeiate withouc a license aRer De- cember 31, 1959. 53A.08. Bond Before a]icense may be issued to a curreney eachange , the applicant shall file annually �cith and have approved by the commissioner a surety bond, issued by a bonding company authorized to do business in this state in the principal amount of $10,000. The bond must run to the cominissioner and is for the benefit of creditors of the currency e�change for lia6ility incurred by the cuirency exchange on money oiders issued or sold by the cun•ency eschange, for liahility incuil•ed by the eun•ency exchange for sums due m a payee or endorsee of a check, draft, or money order left ��ith the currency exchange for collection, and for liability incurred by the cuirency exchange in conneetion «ith pirociding currenep exchange sen�ces. The commissioner may require a lieensee to file a bond in an additionai amount if the commissioner considers it neeessary to meet the requn•ements of this section. In dexermining the additional amount of the bond which may be required, the commissioner may requu�e the lieensee to file its financial records, including all bank statements, pertaining to the sale of money orders for the preceding 12-month peiiod. In no case may the bond be less than the initial $10,000 or more than the outstanding liabilities. Laws 1989, c. 2'�7, § 8. Amended by Laws 1992, c. 504, § 6. Historical and Statutorp \otes 1939 Legisiation Laws 1989, c. ?47, § 16, provides that this sec- tion is effecUCe Augusi 1, 1989. E�isting Cma�ence e�changes must submit applications in compliance ��ith th�s chapter b�� October 1, 1989. No cun•ency exchange shall operate without a]icense after De- cember 31,1939. 1992 Legislation The 1992 amendment re«rote this secGOn, which had read: "Any cm'rene}' eschange tha[ eng2ges in [he sale of money ordeis or traveler checl:s shall comply �cith bonding requirement pursuanc to sectiou 4&.151." Lau�s 1932, c. 504, § 8, proride� in 4art that a 6 i; efPectiee .�p:il 21, 1992, and appl�es to Leenses issued or renewed on or afrer that date. ' 53A.OS1. Annual report and im�estigations I � Subdi��ision 1. 9nnual repoit. On "or before Apiil 30, a licensee >hall file an annual i report �dth the commissioner for the pre�ious calendar cear. The report must contain � informarion that the commissioner may reasonabl}' require concerning, and for the purpose of ; e�amining, the business and operations of each licensed cun•encr ezchanee. Subd. 2. Im The commissioner may at any tune and shal] at least once in � each �•ear incestigate the cun•ene}� ezchange business o: any licensee and oi e� person, purtneisMp, assoeiation, and cos�oration engaged in the business o: operating a c.arene} � eschange in the manner procided under section 46.027. Subd. 3. Fees and espenses. The licensee shall pac the costs o= an esamina_ion or inves[igation in che manner pro�ided under sec[ion 60A.03, subdici;ion 6. 329 ��-��5 § 53 �•081 CURRE\CY EtiCH,'�GGES CL'Rt �ubd 4. Classification of data. Financial information on individuals and 6usinesses that i wbmitted to the commissioner in the annual report under subdivision 1 are pifi data on inr:niduals or nonpublic data. Lxms 7992, c. 50.1, § 7, Amended br Laics 1996, c. 439, art. 1, § 6; La�rs 1997 lst Sp., c. S, § 19. Aistorical and Statutory lotes 1952 Le%islation Lan� 19Y? e. n�4, § g, pro�ides in part that § 7 is eifee.ice April ?A, 1992, and applies to ]icenses iss,:ed or rene�ced on or after that date. 19Wi Legislation The 1996 amendment, in subd. 1, reqvired the rep,rt w be filed on or before "April 30" rather thaz'33azch 1". 53.�1.09. PoK•ers; limitations; prohibitions 1959 L Lan Uon ig e�char 1997Legislation � �3a.1_ Laws 1997, lst Sp., e. 3, § 19, added subd. 4, The rela6ng to finaneial informatlon on indiuiduals and and e� businesses submitted in the annual report. La�cs ] Subdivision 1, peposits; escrow accounts. A curreney exchange may not aecept money or currency for deposit, or act as bailee or agent for persons, firms, partnerships, associations, or corporations to hold money or cun•eney in escrow for others for any purpose. However, a currency eschange may act as agent for the issuer of money orders or tracelers' checks. Subd. 2. Gambiing establishments. A currency e�change ]ocated on the pi•emises of a gambling establishment as defined in section 256.9831, subdivision 1, may not cash a warrant that bears a restrictive endorsement under seetion 256.9831, subdi�ision 3. Lau�s 1989, e. 21^r, § g, Amended Eg Laws 1996, c. 466, art. 3, § I. Historical and Statutory Notes � 1989 Legislation 1996 I,egislation Lans 1959, e 21 i, § 16, protides that this see- The 1996 amendment designated evsting text as 6on is effec6re August 1, 1989. Enisting em•rency eschanges must submit applications in compliance subd. Y; and added subd. 2, relating co gambling �iith this ehaptei by Octo6er 1, 1989, No cuil�eney estabiishments. exchange shall operate ��ithout a]icense after De- cember 31, 1959. 53.410. Violations My person, finn, yssociaGon, partnez•ship, or coiporation that �5olates La�cs 1959, ehapter 245, shall be guIlty of a misdemeanor. La�cs 1959, c. 217, § 10. Historical and Statutory Notes 1959 Legislation LaHS 1959, e 2f i, § i6, pro�'ides that this see- tion is effeetice Avgust 1, 1959. E�isting currency exchanges must submSt applieaUons in wmpiiance 539.11. Books of account; annual report The ]icensee shall keep and use in the lieensee's business the books, accounts, and reeords that �cill enable the commissioner to detercnine �chether the licensee is comphing �rith the prorisions of Lal��s 1989, chapter 247, and ndth the rules adopted by the commissioner. A lieensee shail preserve the books, accounts, and records for at leasc t.i-o years after making the final entr��. 1939 L� Laa tion is e>chan Cun 2Si2.0i 53A.1: Sub senlc� premi: Sub ute, m that o; Su6 liable reasor La�cs ] 1959 L� La�ee tion is � eschani �tith this chapter 6y Oe[ober i, 1983. No cUrrency � SLari� eschange shal] operate �rithou[ a license af[er De- hance c eember 31, 1959. Minn.T� Laus 1939, c. 297, § 11. 330 53A.1 f The : requu�e n9th th. La�cs I' F EXCHA.tiGES nd businesses that :re private data on �., c. 3, § 19. 19. added subd. 4, �n on indieiduals and nual report. not accept money >hips, associations, �ose. Hok a u�acelers' checks. 4he premises of a iot cash a warrant �ated existing text as relating to gambling .a«s 1989, ehapter , 1969. No cun'ency� � a license after De- oun[s, and records �mplcing �5ith the commissioaer. A ea.*s after making CURREIiCY' EXCFL��GES -...�,_ _ _. ��5 § s3aia Repealed Historical and Statutory \otes 1959 LeS�slation La�cs 19S9, a 24i, � 16, pro�ides that this sec- tion is effecU��e August 1. 1959. E�isting em'renc}' exchanges must submic applicalions in wmplianee �i9th Uus ehapcer bc October 1, 1989. A'o currency exchange shall operate uithout a license after De- cember Sl. 1959. 539.12. Rules The commissioner may adopt ivles under chapter 14 as may be neeessan� to administer and enforce this chapter. La«s 1959, a 2�7, § i?. 1959 Legislation La�cs 1989, e 247, § 16, pro�ldes that this seo- tion is effective August 1, 1959. E�stlng evrrency exchanges must submi[ applications in eompliance Historical and 5tatutory Notes ��ith thu ehapter by October 1, 1989. No currency e;cchange shaIl opente ni[hout a license a8er De- cember 31, 1959. Administrati�'e Code References Cuirency eschange rates, see Minn. Rules 2672.0100. 539.13. Fee notice; false adcertising; penaltp Subdivision 1. Fee notice. The fees charged by currency exchanges For rendeting any sexvice authorized bc sections 53A.01 to 53A13 must be prominently di;played on the premises of the cun�ency eschange in the fashion required by the conmiissioner. Subd. 2. False advertising. A licensee ma}� not ad� print, display, publish, distrib- ute, or broadeast am statement or representation that is false, misleading, or deceptive, or that omits material inforenation. Subd. 3. Cieil liability; penalty. A person �cho ciolates an,y subdieision of this chapter is liable to the person damaged by the ��olation for actual damages. The court may� award reasonable attorne� fees and eosts. La�cs 1959, c. 24i, 3 13. 1999 Legislation La�cs 1939, e. 24i, § 16, procides [hat this sec- lion is etfective August 7, 1939. Evsting eurreneg e�changes must submit applieations in complianee Historical and Statutory Notes «4th this chapter bg October 1, 15S9. No currencp eschange shall operate ��ithout a license after De- cember 31, 1989. Law Rev�ew and Journal Commentaries Scatutoiy fee-shifung: Ne�c opportunities to en- hanee dient resulis. Arlo H. 4ande Vegte. 15 Minn.lYia1 La�� o (Fall 1990). 53d.1�1. Repealed by Law�s 1992, c. 50d, § S. The repealed section. �chich preempted locai lam requu�ements to the estent thec �cere incon;istent ��ith the requiremencs in c. o3A. «'as dericed from La«s 19SQ c. 2-� i. § 1+. Historical and Statutorc Notes La�r� 1992, c. 001, a� 9. pro�ico; in pu: that § z is effectice 1.pri1 24. 199?. and applies to licenses issued or rene�ced nn or aRer tt.a: date. 331 � c�c�.t,,�s OFFICE OF 7HE CITY ATfORNEY - , �:� ._^. ._ . ._ _ Claytors M Robirtson. Jr. Attorttey _ �. CITY OF SAINT PALJL = c;vrrDN;s;on Norm Coleman, l.tayor C 1 E; s y_� r; i gD0 Ct� Ha11 Telephone: 65/ 166-8i l0 � r5 I�st Kellagg Blvd. Facsimile: 65J 298-5619 ,Sain� Paul, Minneso(a 5510? � i.� I�_. =.� t i�. . ... _ � May 6, 1999 Mr. Curt R. Potts 8135 Foxberry Bay Savage, Minnesota 55378 Mr. James C. Erickson 3701 Abbott Avenue Minneapolis, Minnesota 55410 RE: Currency Exchan�e License Application of Curt R. Potts and James C. Erickson d/b/a Endeavor Financial; Inc. for the premises located at 577 University Ave. in St. Paul Dear Mr. Potts and Mr. Erickson: The City of Saint Paul O�ce of License, Inspections and Environmental Protection has received notification from the Minnesota Deparcment of Commerce of your currency exchan�e license application for Endeavor Financial, Inc. located at 577 University Avenue, Saint Paul, Minnesota 55103. Minn. Stat. §53A.04 requires the approval or disapproval of your application by the local goveming body after published notice and public hearing. Saint Paul I.egislative Code §381.02(b) requires that the hearing be held before an independent hearing examiner in conformity with the provlsions of §310.05 and §310.06 of the I.egislative Code and the rules of the office of administrative hearinbs. In accordance with these rules a public hearing has been scheduled to consider your license appiication. The hearing wili be held Monday, May 2A, 1499 at 9:30 a.m. in the St. Paul City HalllRamsey County Courthouse, room 40-A, 15 West Kellogg Bonlevard, Saint Paul, Minnesota. Your attendance at this hearing is extremely important, especially if any adverse testunony is presented to which you wish to respond. Saint Paul L,egislative Code Section 381.02(c) requires the license applicant to pay a fee to the City to cover the costs of administering and processin� the currency exchange application. The fee for this application is $317.00 and must be paid within fifteen (15) days of the receipt of this letter. The Code further requires the appiicant to re:mburse the City for its costs in conducting the hearin�(s) prescribed by State Law. You may be billed for those costs afrer the hearing(s). ��-b�S Page 2 - . Endeavor Financial, Inc. May 6, 1999 If you have any questions, I can be reached at 266-8710. Sincerely, %/_�� J ��,� J �` , Virginia D. Palmer Assistant City Attorney cc: Nancy Thomas, Office of Administrative Hearings, 100 Washin;ton Square, Suite 1700, 100 Washington Ave. S., Mpls., MN 55401 Bob Kessier, Director, LIEP Christine Rozek, LIEP Troy Gilbertson, LIEP Nancy Anderson, Assistant Council Secretary, 310 City Ha11 Michael Samuelson, Exec. Director, Thomas-Dale/Dist. 7 Planning Council, 689 N. Dale 5t., St. Paul, MN 55103 7ohnny Howard, Exec. Director, Thomas Dale Block Clubs, 1034 Lafond Ave., St. Paul, MN 55104 �4 �� STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on May 6, 1999, she served the attached LETTER on the following named persons by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Curt R. Potts 8135 Fo�cberry Bay Savage, MN. 55378 Mr. James C. Erickson 3701 Abbott Avenue Minneapolis, MN. 55410 (which is the last known addresses of said persons) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 6th day�of'Wiay, ��9. Notary Public > OFFICE OF Tf� CITY ATTORNEY C!¢yton M. Robinson, Jr., City Attomey �� r �K CITY OF SAINT PAUL Nanrs Caleman, M¢yor May 26, 1999 Mr. Curt R. Potts 8135 Foxberry Bay Savage, Minnesota 55378 Civil Division 400 Ciry Ha!! Telephone: 65I 266-8710 ISWestKetloggBlvd Facsimile:651298-56l9 Saint Pau1, Mrnnesota 55102 NOTICE OF COUNCIL HEA,RING �o�llf�'' ,r�,cs2�'C�' �artt�r MAY 2 6 �959 Mr. James C. Erickson 3701 Abbott Avenue Minneapolis, Minnesota 55410 RE: Currency Exchange License Application of Curt R. Potts and James C. Erickson d/b/a Endeavor Financial, Inc. for the premises located at 577 University Ave. in St. Paul Our File Number: G99-0157 Deaz Mr. Potts and Mr. Erickson: Please take notice that a hearing on the report of the Administrative Law 3udge concerning the above-mentioned license application has been scheduled for 5:30 p.m., Wednesday, June 9, 1999, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written azgument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendafions of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, `✓�/�. v `.' ct-/- Virginia .<�r Assistant City Attorney cc: Nancy Anderson, Asslstant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Troy Gilbertson, LIEP Michael Samueison, Exec. Director, Thomas Dale/Dist. 7 Plazming Council, 689 N. Dale St., St. Paul, MN 55103 Johnny Howard, Exec. Director, Thomas Dale Block Clubs, 1034 Lafond Ave, St. Paui, MN 55104 �l�to\� NOTICE OF PUBUC HEARING Currency Exchange License Application ofi Endeavor Financial, inc. 577 University Avenue Saint Pauf, MN 55103 PLEASE TAKE NOTICE fhat testimony will be taken from interested persons, including those in the community, with respect to the application of Endeavor Financial, Inc. to operate a currency exchange by license issued under Minn. Stat. §53A.02. Minn. Stat. §53A.04 requires the approval or disapproval of the �icense application by the local governing body, after published notice and hearing, within 60 days after receipt of the appiication from the Commissioner of Commerce. ' The pubiic hearing has now been scheduled as follows: Date of Hearing Time Location Monday, May 24, 1999 9:30 a.m. St. Paul City Hall / Ramsey County Courthouse Room 40-A, Lower Level 15 West Kellogg Bivd. St. Paui, MN 55102 The hearing will be conducted by an administrative law judge from the Minnesota Office of Administrative Hearings, on behalf of the Council of the City of Saint Paul. Name Telephone George A. Beck O�ce of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, Minnesota 55401 341-7601 His or her report, and recommendation for action, will be forwarded to the Council for final action. if you have any questions, please call Virginia Paimer, Saint Paul City Attorney's Office 266-8710. � �� Endeavor Financial, Inc. — City's Exh. No. 3 — �S c�� AFPIDAVIT OF PUBLICATION �� NOTICE OF PITBLIC HEARING Cm�x�ency EYChange Litt�e Appllcatloa ofEndeavozFlnanciat, 7nc, S77IIniveisity Avenue , _ � �� Salnt Paul, bIN 55103 � PLEe1SE TAKE NOT[CE ihat trsri�nony w{ll be �talcui from'interested�e�sons tncludNg tliose in �the communtty. M[h respect tn the applicatlon of : Evdeavor F�nanctai, Inc. to opuate a c}urrncy ,exchange by llcense Issued under Minn. Stat. ;§53A.02. Mtnn. Stat §53A04 requlre5 the apPmvai oc � disaPProval o( Eae liar�se appllration by the local ;governing body, aCter publ[shed notice ,anA heanng. wlthin 60 days aCter recefpt �of thc appllcatlon from [he Commtssioner o( Commerce. - - - - � '� Thepubltchearinghasnowbeenscheduledas lollows: � . . . Date of Hearyug: Monday. May y¢. lg9g rime: s:90,.m. � Iacatloa: st. Pani city8a11jRamaey ConntyCovrthouae Room 40-A Lower LevN ' � . 35 West BeLogg Hdvd, - St. Pad, MN S$102 � The hearing w(II be conducted by an admtntstrative law judge from the Minnesota Oftice ofAdministcativc Hearings.on behal(otthe. Council oFthe CItyoFSafnt Paul. Name: GeorgeAHect O�ce ofAdminfatrative 8earings � 100 Wash�¢�on 5 4�0. Soke 1700 ' - Minneapolls.Miwesou55401 ! Telephonr. 343-7801 � . His or her report, and recommendauon for actlon. wil] be forwarded to ihe Council for finai ' action. � IC you have any questions, please ca❑ �' Vlrginia Palmec, Saynt Paul City Atiomey s O�ce 266-8?l0. . . - � � - lMayB) � � � . ' ==s== ST.�PAUL LEGAL LEDG� a.=v�m State of Minnesota, County of Runsey Patrick Bo¢lay, being duty swom, on oath says that he is the publisher of the newspaper lrnown as the St Paul I.egal Ledger and has fiill knowledge of the fac[s which aze stated U010W: (A) T'he newspaper has complied with all of the requirements constituting as a quatified legal newspaper, as provided by Minnesota Statute 331A02, 331A07, and other applicabie laws, as amended. (B) The printed Public Hearing which is attached was cut from the cohimns of said newspaper and was printed and published once; it was published on Saturday,the 8th day of May, 1999; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, wtuch is hereby aclmowledged as being the size and kutd of type used in the composition and publication of said notice: abcdefghijklmnopqrstuvwxyz � � � ,; � �� Z-��; � � ' t • n JAYDA MILLER Ci�.'� a `'.°'�s.'s� IdO7ARYPUBLIC-MtNiJ'cSOTA My Comm. Exp�res Jan. 37, 20Q0 ■ • Rate Infomialion (I) Lowes[ elass�ed rzte paid by corrimercial use[s for comparable space is SN/A (2) Manimum iate attowed by law for the above publicaUOn is $73.94. (3) Rate acwally charged forthe above publication is 567.22. Endeavor Financial, Inc. — �'itg- Exh. l��o. 4 — Subscribed and swom to before me this 8th day of May, 1999 �C,- b�S Chapter 381. Currency Exchanges Sec. 381.01. State license required; defmition. No person shall engage in the business of a currency exchange in Saint Paul without a license as provided by Minnesota Statutes Chapter 53A. (C.F. No. 94-46, § 2, 2-2-94) Sec. 381.02. Procedures; hearing; fee. (a) Procedures. Upon receipt of a completed application from the commissioner of commerce for either a new license or the renewal of an existing license, the matter shall be referred to the Office of License, Inspections and Environmental Protection for initiation of a hearing as required by state law within the period allowed for the response of the govem:ng , body. The heazing shall be for the purpose of taking testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located, as required by law, and upon grounds or issues as to which notice has been given in accordance with the requirements of sections 310.05 and 310.06 of the Legislarive Code. The said office shall publish and give notice as required by law. (b) Flearing. The hearing shall be held before an independent hearing examiner in conformity with the provisions of sections 310.05 and 310.06 of the Legislative Code, and the rules of the office of administrarive hearings, to the extent such rules aze not in conflict with sections 310.05 and 310.06. (c) Fee; costs. The applicant sha11 pay, within fifteen (15) days following receipt ofthe application by the city, a fee covering the costs of administering and processing the application in an amount to be established in conformity with the procedures in section 310.09(b) of the Legislative Code. The applicant shall also reimburse the city, within fifteen (15) days following action by the city council on the application, for its costs in conducting the hearing or hearings prescribed by state law, including publication costs and the cost of the administrative proceedin�s and heazing before an independent hearing examiner. (C.F. Na 94-46, § 3, 2-2-94) Sec. 381.03. Grounds for disapproval, etc. (a) Disapproval. The council may by resolution disapprove an application and, if so, shall state therein its reasons for so doing. It may adopt in whole or in part tl�e findings of fact and conclusions of law of the independent hearing examiner and may amend the same to conform to its decision on the record and the testimony. Notice of the disapproval may be communicated to the commissioner of commerce before the effective date of any such resolution wheze necessary to avoid a presumption of concurrence. �� o�S (b) Grounds for disapproval. Disapproval of an application may be based on one (1) or more of the following grounds, in addition to any other ground allowed by law: (1) Violation of any provision of the state currency exchange law contained in Chapter 53A. (2} Any one (1) or more of the reasons, conditions, or standards for adverse action under section 310.06 of the Legislative Code. (3) Failure of the applicant to pay the city fee and costs prescribed above. (4) (i) The location of a new currency exchange as proposed would cause significant adverse consequences or impacts upon the neighborhoods within three hundred (300} feet of the exchange. Such anticipated effecY must be shown by clear and convincing evidence. (ii) The existing currency exchange has caused significant adverse consequences or impacts upon the neighborhoods within three hundred (304) feet of the exchange. (5) Failure of the applicant to agree to reasonable conditions upon the operation of the business in accordance with the procedures in section 310.05 and the grounds of 310.06. Such condirions could include, but aze not limited to, hours of operation, off-street parking requirements, bonding in an amount greater than that required by state law, and annual audits at the licensee's expense. (6) The applicant is not of good moral chazacter and repute ancUor is unfic to operate such a business. (7) The applicant is not at least eighteen (18) yeazs of age. (8) The applicant is not the real parry in interest in the application. (9) The location of the business for which a new currency exchange license is sought is within one-half mile of an existing currency exchange licensed by the state. (10)) The applicant or its proposed business location does not comply with applicable zoning, building, fire and health codes. (c) Persons and corporations. If an applicant is a partnership, the application may be denied if there is a basis for denial as to any partner. If the applicant is a corporation, the appiication may be denied if there is a basis for denial as to any (i) shazeholder holding more than five (5) percent of the outstanding or issued stock of the corporation, or (ii) officer or director of the corporation, or (iii) employee of the enterprise having policy or management control over the enterprise. ��-e�S (C.F. No. 94-46, § 4, 2-2-94) Sec. 381.04. Defmitions. The following words and/or phrases shall have the following meaning when used in this chapter and in Chapter 310 of the Legislative Code. (a) Applicant. The term "appiicant" includes persons, partnerships, firms and corporations and all other forms of business ventures. It also includes employees who exercise management or policy control over the enterprise, general and limited partners, shazeholders of more than five (5) percent of the outstanding or issued shares of a corporation, and corporate managers, officers and directors. (b) Application. The term "application" includes applications for both new and renewal licenses. (c} License. The term "license" refers to the state currency exchange license provided for in Minnesota Statutes Section 53A.02. (d) Currency exchange. The term "currency exchange" is defined in Minnesota Statutes Section 53A.01, subdivision l. Currency exchange means any person, except a bank, trust company, savings bank, savings and loan association, credit union, or industrial loan and thrift company, engaged in the business.of cashing checks, drafts, money orders or travelers' checks for a fee. Currency exchange does not include a person who provides these services incidental to the person's primary business if the charge for cashing a check or draft does not exceed one dollar ($1.00) or one (1) percent of the value of the check or draft, whichever is greater. (C.F. No. 94-46, § 5, 2-2-94) oR��,��, Council File # � � �o � Green Sheet # � 7�Z� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented B� Referred To 2 WI�REAS, an aduiinistrative hearing was held before Administrative Law Judge 3 George Beck on May 24, 1999 on an applicarion for a currency exchange license by Endeavor 4 Financial, Inc. for the premises at 577 University Avenue, Saint Paul; and 6 7 9 10 11 12 13 14 15 16 17 18 19 WHEREAS, notice of said hearing was duly published and no interested persons appeazed at the hearing in opposition to the license application; and WHEREAS, the adminisirative law judge issued Findings of Fact, Conclusions and a recommendation on May 25, 1999 recommending issuance of the license; now, therefore be it RESOLVED, that the Findings of Fact, Conclusions and Recommendation of the Admuustrative Law Judge sha11 be adopted in its entirety and shall be attached and incorporated herein by reference; and be it FURTHER RESOLVED, that the currency exchange license application by Endeavor Financial, Inc. for the pzemises at 577 University Avenue, Saint Paul be and is hereby approved and said approval shall be forwazded to the Commissioner of Commerce of the State of Minnesota. � Reguested by Department of: Hy: Appz By: By: Form Approved by City Attorney BY: � I '�, ,,.,,r� -�.� v !_ � 1...-(f\ lJ Approved by Mayor for Submission to Council By: Adopted by Council: Date��4�,r\� l�� Adoption Certified by Counc' Se e ary\ �tG—(o � S DFPARTMEM/OFFICFJCOUNCIL DArEU�Rwrm c�t caun�� 6-30-99 GREEN SHEET No 63426 CONTACT PERSI7N 8 PFipJE InXh1lDab inM1YIWQa Jerry Blakey, 266-8610 , �.� Musr ee ota counica ncaea sr (on�l �ss�x July 7, 1999 �� u,v�T„xx�r a,vaEx¢ RWTING � iWY1CI41.fEM11CFS0n. AUII1CIRLaErtV/RCCTC ❑ MYd11�AE9mMR) ❑ - TOTAL # OF SIGNATURE PAGES (CL1P ALL LOCATIONS FORSIGNATURE) CTION RC-0UESTED Approving the currency license application by Endeavor Financial, Inc for the premises at 577 University Avenue and forwarding the approval to the Commissioner of Commerce of the State of Minnesota. RECOMM NDA ION Approve (A) w RejeCt (R) PERSONAL SERVICE CONTRACTS MUSTANSWER TNE FOLLOWING QUESiIONS: t. HasthispersoNfi�meverworkedundxacoMractforNisdepaAment? PLANNINGCOMMISSION YES NO CIBCOMMITTEE 2. Nastliispe�soNfirmeverheenacityemploYee? CIVIL SERVICE CAMMISSION YES No, � 3. Does this personlfrm possess a skill not normalrypossessed by eny curteM c@y employeel . YFS t� 4. Is thie pe�soMrtn a tarpeted vendoYl YES NO E��ain all yes answers on sepdiate 5heet and attach to preen sheet INITIATING PROBLEM ISSUE, OPPoRTUNITY (Who, What, W�en, Where, Why) ADVANTAGESIFAPPROVFD " �U�3t� �6:3��f��t �aeRE°r �,�,.. �J�U��0�19��; - . .. .� _��..� � _ � � _ DISADVAMAGESIFAPPROVED . ; . ..�. � _ ..' . . . � . . . ..' . -, .. _' ^.�' " _,; _ - .. . .. . . . , �,y � " _ , . _ o . ,. . ; .... .. ._ ...>. .. , , ,� � DISADVANTAGESIFNOTAPPROVED - ,., - . ,� TOTAL AN70UNT OF TRANBACTION�f � �` - � . . � � ' - ' � ' C08T/REVENt1E BUDGETED (CIRCLE bN� �' . � YES " ' Nb FUNOING SOURCE ACTNITY NUMBER FlWINCIALINFORMA210N{DWLAIN)_ , - . . � _ . . - ' _ " " � " " ".. . . _ " �i� � S SAtNS PAUL � AAAA Interdepartmental Memorandum CITY OF SAINT PAUL �Ol��'r" �gS�'��`t �as;�CaP DATE: TO: FROM: RE: Nancy: June 23, 1999 Nancy Anderson Assistant Council Secretary 310 City Hall Peter Pangborn Legal Assistant 400 City Hall Consent Agenda - July 7, 1999 Endeavor Financial, Inc. .,�� Attached is the resolution identifying the council�s adoption of the ALJ's Findings of Fact, Conclusions and Recommendation with regards to the Currency Exchange license application for Endeavor Financial, Inc.. Please schedule this matter for the Consent Agenda for the council hearing on Wednesday, July 7, 1999. Thanks. Since ,, Peter P. Pang rn May 25, 1999 STATE OF MINI�3ESOTA OFFICE QF AAMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 Fred Owusu City Clerk 170 City Hall 15 W. Keliogg Blvd. St. Paui, Minnesota 551d2 RECEtVED ��'� �py 2 g 1999 MAY � 7 1999 ��-�� LERK �IT� ATTORNEY �i�-�Cy15 �q RE: In the Matter of the Currency Exchange License Application of Endeavor Financial, Inc., 577 University Avenue, St. Paul, Minnesota; OAH Docket No. 1-21 1 1-1 221 1-3. Dear Mr. Owusu: Enc{osed and served upon you is the Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge in the above-entitied matter. Also enclosed is the official record and we are now closing our file. Sincerely, % �//!O �//!� _----- GAS:Ic Enclosure cc: Joei Frankiin Curtis R. Potts ��SO /CI Ti� �-- �D�1z°.� �P�d�.n�� { f/Lrf- £��. U �/� -• ti�LnK � f I � � ��°� �;��?�' , � �� `�� Prowdmg �moar!ia1 Heanngs for Government and Gi�zens An Equa Opp ortunrty Employer Admi�istat�i�> Law Sec!�o� &�dm�rn_r,-atroe Se.v�ces (c"2` 3�"-�500 � TD+7 Nc �612) 3t�-�3aE + Fax No l6"12! 3a5-2665 ��,-�� 5 STATE OF MINNESOTA) ) ss COUN�Y OF HENNEP{N} AFFIDAVIT OF SERVICE BY U.S. MAIL Louise C. Cooper, being first dufy sworn, hereby deposes and says that on the 25 day of Mav, 1999, at the City of Minneapolis, county and state aforementioned, she served the attached FINDINGS OF FACT CONCLUSIONS AND RECOMMENDATION: OAH Docket No. 1-2111-12211-3 by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid and addressed fo the individuals named herein. Fred Owusu City Clerk 170 City Half 15 W. Ke{{ogg 81vd. St. Paul, MN 55102 Curtis R. Potts 8135 Foxberry Bay Savage, MN 55378 Joel Frankiin Assistant City Attorney City of St. Paul 400 City Hafl and Ramsey County Courthouse 15 West Kellogg Bivd. St. Pau�, MN 55102 �tie_,_._—__. �, �ca�v�c2 Louise C. Cooper Subscribed and sworn to before me this 25th day of May 1999. 4.0 e ' / E'� tl--,-� Nofary Public / �,.-< LAVONREGAN ' y� -s,'�° N4TARYPUBLiC—Mi;;*JE50?A � ?#'?� HENNEPIN CCUN-Y � idy Comm. Epir¢s Jan 's�. �C:q , . 3. �i�—to � S 1-2111-12211-3 STATE QF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR TNE ClTY COUNC4L OF THE ClTY O� ST, PAU� In the Matter of the Currency Exchange License Application of Endeavor Financial, 1nc. 577 University Avenue St. Pau1, Minnesota FINDINCS OF FACT, CONCLUSIONS AND RECOMMENDATtON The abave-entitied matter came on for hearing before Administrative Law Judge George A. Beck on May 24, 1999, in Room 40-A, St. Paul City Hall and Ramsey County Courthouse, 15 West KeAogg Soulevard, St. Paul, Minnesota 55102. The record closed at the conclusion of the schedu4ed hearing. Joel Frank{in, Assistant City Attomey, City af St. Paul, 400 City Ha41 and ftamsey County Courthouse, 15 West Ke{logg Boulevasd, St. Paul, Minnesota 55102, appeared on beha{f of the City of St. Paul. Curtis R. Potts appeared on behaff of Endeavor Financial, Inc. NOTICE This Report is a recommendation, not a finai decision. The Council of the City of St. Paul will make the fina! decision after a review of the record which may adopt, reject or madiiy the Findings of Fact, Conclusions and Recommendations contained hese+n. Pursuant to St. Pau4 Leg+siative Code Section 310.05 (o-1), the finai decision of the City Councii shall not be made until this Report has been made availab{e to the parties fo the proceeding and the applicant has been provided an opportunity to present oral or written arguments alleging error on the part of the Administrative Law Sudge in the appVication of the {aw or fhe interpretation of the facts and an opportunity to present argument re{ated to any recommended adverse action. The applicant shou{d contact the Councii of the City of St. Pau1, 310 City Hai{, St. Paul, Minnesota 55102, to ascertain the procedure for presenting argument. STATEMENT OF iSSUE Shouid this applicafion for a cur�ency exchange license, under Minn. Stat. Chapter 53A, be approved by the Council of the Cifi� of St. Paul, after published notice and hearing? ti. �'l�i �e � � Based upon all of the proceedings herein, the Administrative Law Judge makes the following: FlNDINGS OF FACT 1. The Notice of Public Hearing in this matter was served by the City of St. Paul on the Applicant on May 6, 1999, by mail.' 2. In accordance with Minn. Stat. § 53A.04 and Chapter 381 of the S#. Paul Legisfative Code, the City Attorney's Office notified interested persons of the public hearing, scheduled for May 24, 1999, by publication on May 8, 1999, and by letter on May 6, 1999? 3. Curt Potts, the applicant, Joel Franklin, the Assistant City Attorney, and a representative of the City of St. Paul Office of License, Inspections and Environmental Protection appeared at the scheduled pubiic hearing. No testimony was taken. The hearing was scheduled to begin at 930 a.m. After waiting until 9:45 a.m. for possible appearance by members of the public, the undersigned, the appiicant, and Mr. Franklin concurred that there was no need to take testimony or to othenvise proceed with a formal hearing. Mr. Franklin submitted the City's exhibits. It was indicated that no interested persons had contacted the City after the issuance of the Notice of Public Hearing and that the application was in order. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Councii of the City of St. Paui and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and the St. Paul Legislative Code §§ 381.02, 310.05 and 310.06. 2. The City of St. Paul has fulfilled ail relevant substantive and procedural requirements of the law and rule. 3. The City of St. Paul has given proper notice of the hearing in this matter including proper notice in accordance with the requirements set forth in Minn. Stat. Chapter 53A and Chapter 381 of the Legislative Code of the City of St. Paul. 4. The applicant has fully compiied with the application requirements specified by law. ' Ex. 2. ' Exs. 3, 4. ' Ex. 4. � �t�t— c � 5 5. No member of the public have opposed the application for licensure Based upon the foregoing Conciusions, the Administrative Law Judge makes the following: RECOMMENDATfON IT IS HEREBY RESPECTFULLY RECOMMENDED that the Councii of the City af St. Paul appcove the currency exchange license application of Endeavor Financial, Inc. Dated this 25 day of May 1999. �� GEORGE A. K Administrative Law Judge NOTICE Pursiaant to Minn. Stat. § 53A.04, the Council of the City of St. Paul is required to forward its approval or disapproval of the license application to the Commissioner of Commerce of the State of Minnesota for the Commissioner's approval or disapproval. If the application is denied, the Commissioner shall mail notice of the denial and the reason therefore to the applicant. The applicant upon denial may request a further hearing as provided for in Minn. Stat. § 53A.04(b). �� —c� i 5 OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL IN RE THE MATTER OF THE LICENSE APPLICATION OF ENDEAVOR FINANCIAL, INC. 577 UNIVERSITY AVENUE SAINT PAUL, MINNESOTA 55103 CITY'S PROPOSED EXHIBITS MAY 24, 1999 TO: Judge George A. Beck, Administrative Law Judge, Office of Administrative Heacings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401- 2138 The foliowing constitutes a list of the Ciry's proposed exhibits for the Administrative Hearing on May 24, 1999. Exhibit No. Description Exh. No. 1 Currency Exchange License Application material from the State of Minnesota, Department of Commerce (14 pp.); Exh. No. 2 Notice of Pubiic Nearing letter dated May 6, 1999, with Affidavit of Seivice (3 pp.); Exh. No. 3 Notice of Public Hearing for pubiication (1 p.); Exh. No. 4 Publication notice and Affidavit of Pubiicafion for Saturday, May 8, 1999 (1 p.). ��--c� t � Also attached please firrd caurtesy copies of applicabie State of Minnesota- statutes and St. Paul City ordinances: St. Paul Legislative Code Chapter 381 Minnesota Statute Chapter 53A Respectful{y submitted this 24�' day of May, 1999. � � �,-../� . el Franklin Assistant City Attorney Office of the City Attorney 400 City Hall 15, West Keliogg Boulevard Saint Pau4, Minnesota 551fl2 (612)266-8719 � JEPARTMENT OF COMMERCE t33 EAST SEVENTH STREET ST. PAUL. MINNESOTA 55101 (651} 296-6319 '��`�� ,,.;..,... �: � �� -�� -;. CURRENCY EXCHANGE �b15 ` at� (For Department Use Oniy) , °f h lio � F�c� � ,a. a,..,.... i s��„}� 99 F �� 2 f999 Oe� �EB 23 i999 ��=� The data which you furnish on this form wiil be used by the Departmeni of Commerce to assess your qualificatians for a Iicense. Disclosure of your social security number is voluntary. You are not legally required to provide this data, however, if you do not provide your social security number the Deparemen! of Commerce may be unable to grant a license. The Department may �se sociai security numbers for revenue recapture as authorized by Minnesota Statutes, Chapter 270A and for idertification purposes. After issuance of a license, aii information contained in this appticat�on, except your social security number, is public pursuant to Minnesota Statutes, Chapter 13. A. TYPE OF LICENSE O NEW O RENEW O AMENDED NAME B. APPUCANT tNFORMATlON O O LIMITED LIABiLITY � PARTNERSHIP Have you, a� of the owners, partners, officers, directors or shareholders owning more than 10% of the corporate stock, or any employee with the authority to exercise managemertt ar policy controf over the company ever. YES � a 1. Held a currency exchange ficense in any othar siate other than Minnesota? If YES, the new license application must include a verification of license certified by the state(s); all other applicants must verify that the certification(s) previousiy submitted is accurate. O � 2 Been the subject of any fnquiry or investigation by any division of the Minnesota Commerce Department? � REV 7ig8 3. Had any occupat'sonal license censured, suspended, revoked, cancelled, terminated or been the subject of any type of administrative act�on in any state including Minnesota? (OVER) � Endeavor Financial, Inc. �� Citc�'. F,xh.'Vn. 4 — ALL applicants must answer the following questions. If any questions are answered "YES'; you must attach a detailed written explanation and a!1 iegal documentation, if applicable. STATE OF MifyNESQtp.,.� � � ,eeptn H�nee BOND NUMBER: ��,--co� 5 RED1055571 �R 2 6 �CYlRRENCY EXCHANGE SURE7Y BOND p�t pf COmn�esc KNOW ALL PERSONS BY 7riE5E PRESENTS: That (Name ot Currency Exchange) y M2NNESOTA CORPORATION or form of with business oKce at 577 i as PRINCIPAL and (Name ot Surety) a corporation duly o�ganized unde�'he lav+s olthe StatP c•_ rOWa whicim is authorized to engage in the business of insurance in the State of Minnesota, as SURETY, are hereby held and firmiy bound to the Department of Commerce af the State of Minnesota in the sum af TEN THOUSANp DOLLARS (510,000). Principal and Surety here6y hind the••;�e�:.== .;;�,; reoresen+2�tv=�, su_cestc � anC �s>i ns, �o:ati . y 1 y an� severally by .he�_ a;gsar„s. The parties further agree that: 1. The purpose of this obfigation, which is required by Minnesota Statutes, Secfion 53A�8, is io secure the compiiance by Principa{ witfi the terms of Minnesota Sfatutes, Section 53A02 to 53.�13, and arty other legal obligations arising out of the Principal's conduct as a currency exchange. 2. This bond is for the benefrt of the State of Minnesota and all persons suttering damages by teason of the Principa!'s failure to comply with Minnesota Statutes, Sedion 53A.02 to 53A08, or other legal obligations arising out of Principai's condud as a currency exchange. 3. !f the Principal shali vioiate Minnesota Statutes, Secfion 53A02 to 53A08, or ottier legal obligations arising out of its condud as a currency exchange, the Commissioner of Commerce, as weil as any person damaged as a resuit ot such violation shaii have, in addition to all other legal remedies, a right of action on this bond in the name of tha injured party for loss sustained by the inju�ed parYy. 4. This bond shall be effective from FEBRUARY 19, 1999 until December 31, 19 99. Sigred and Ses!ed this 19T Aday ot FEBR6ARY 199 uFnr. r•nMnAn�v ENDEAVOR FINANCIAL ZNC tName of oyrety, (Name of i ency Ex ng ) —' °/:� ��l�� By. �� . . ?S�gna:u:�: o�Attorney adr (Si ature oi resid nt, Partner, or Sole Proprietor) ='7!�:"•,-^�A L. SHINDER, ATTQRNEY–IN–rACT as by SIGNATURE DATE state aev. s�ss (OVER) INSTRIJCTIONS: f 'l� � - - - - �-- " . � - 7. Th�s side is fo be completed by a nofary public tor baYh the Pnncipal and the Surety. 2. ?leasa atiach the Power ot AKorney and Certified Capy of the Corparate Resotufian tor the Surety listed herein. e ACKNOWLEDGMENT OF INOIVIDUA� � STA ; � OF COUNTY OF ) ) ss. ) ACtCNOWLEDGMENT OF PRINCIPAL On this day of . 199_, before me personally appeared form, who acknowledged ihat this bond was executed for the purposes contai�ned tlual whose name is subscribed on this bono [Notary Seal] Notary Pubiic ............................................................. ACKNC:"::.ECG?��":T Oc o. ��f STA7E OF COUNTY OF ) ) �_. ) qi:KNOVrLFRGhRENT UF PRINC7PAt, On this day of 199 before me personally appeared subscribed on this bond form, wno acknowledged to me that th s o d exe ut d behalf the p for the purposes therein contained. (Notary Seal) Nofary Public . • • • • • r • • � • ♦ • • • • • • • . . • ♦ e • • • • . • • • � • ♦ . • ♦ • s . • . • s • • • • • s • • • • . s . s • ;/��i--F?,�ItED(iMF.N7' pF CORPOf�p;{ON � ) .. . ..,a c, .r_ ._ _ STATe OF _ !�I YL� � n-t � � . �� COUNTY O � S5 � ACKNOWLEDGMENT OF PRINCIPAL ) �� On this day of _ �('�� 9g ?� before me personalty appeared C� ri� � who acknowledged that he or she is the -rn°^�°� of a corporation wn.��o „�.,, is subscribed on this bond for and that, as a corporate n�c_>r, h•e or sfie �s 2uthorized to execute the bond for the purposes therein contained t��fYfN��M��vh'�'WIW �� >.:r T��.i±Y L. F�=! L!.1AN E " Q'}L�-^^J f^lotary SPa!] ; i�� n�r vua��c u� �' N a u ic ��u�rn--j �r.i�� Y" . . ' " " . "�:,...; Y . . 1 vTV ♦ Yi' tY F, . . . .� �:. � �,�. .;., Lzcr:s ;aq3!_o � . . . . . . . . . . . . . . . . . . . .: . . . . . . . . pr EDGMENT O� SURETY •��---' . .�. ..s,.. H+rs.,.e.,,....r... ..+l+�0� � STATE OF MINNESOTA ) HENNEPIN ) ss. COUNTY pF � On this 19TH day o( FEBRUARY ACKNOWLEDGMENT OF SURETY . 199 9 before me personaily appeared who acknowledged that he or she is the attorney in fact who is author¢ed to sign on behalf of �DLAND INSURANCE COMPANY AN ZOwA (surety company), , corporation, on behalf of the corporation. (s;afe or piace of corporation} � !Notary Seal� I�'� �'\ � � , • �� Notary Public � yiCHOLAS a� + IYNN ^r�. � ��.�;i��f1 �y0'AfiY?��;C N��5 it��+� V .� ��-isrc^ Exprtas Jar 31, 2C.^� . � "`-� "� ...............'i"".."..�^""'.." "'' �� .�.�. v ..� '. . .��_�.• l . � , •_. " REDLAND INSURANCE COMPAl�T ' POWER OF ATTORNEY i -s+ + - � � i ;;;3 � _ � .' _ if 1 }a:_1. 's'; .I ��j : . ,. .� ; r� _�� . �S � y � w S _ . ��rf� 1i.hT��4.�.� G¢ - ..-.. � � �.� ��ai '_ . ��,.+-.�� - Y --- --- � �- RED 1055571 �';_. I4�lOW ALL ;v1EN BY TI-IESE PRESENTS, TFUT REDLAND IIVSURANCE COMPANY does haeby make, constitire and appoint TAMqRA L. SHINDEA * THOMAS H. FAIRFlELD OF MINNEAPOLIS, MN its true and )aw(ul Attomey-in-Fac[, ro make, execute and deliver on its behalf Suretv bonds, under[akings and other inshumenCS of similar nature as Collows: ALL WRITTEN INSTRUMENTS IN AN A�IOUNT NOT TO EXCF.ED �1000,000 2his Power of Attomey vs gran[ed and sealed under and by the authoricy of the following Rcsolution adopted by the Board of Directars oE the Company on the 18th day of October, 1993. 'RESOLVED, thac the Chairman of the Board, the President, an Executive Vice President or a Vice Presidmt be, and that each of them is, auihorized to �cecvte Powas of Attomey qualifying the Attorney-ln-Fact named in the given Power of Attomey ro ezecute in behalf of the Company, bond5, undertaMngs and other instnunenfs of similar natvre, and said officeis may rename any such Attomey-in-Fact or agent and revoke any Power of Atromey previously granted to such person. FURTHER RESOLVED, that an Assistant Secretary be, and tha[ each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the xal of the Company. FURTHER AESOL VED, that the signatures oF svch officers and the seal of the Gompany may be affixed to any such Power of Attomey or to any certincate relating thereto by facsunile, and any such Power of Attomey or cerdfic3te bearing sudi facsimile si�atures or iacsimile sea] sha1l be b�nding upOn Ne Company when so affixed and in the future with respec[ to any bond, undertaking or inctruments of similar nature to wttich �t u attached.'" IN WITNESS WHEREOF, REDLAND INSURANCE COMPANY has caused its offiaal sea! to be hereunto affixed, and these presents to be signed by rts pres�dent t}us ISth day of October, 1953 Attest: � `t;; �'��--e'�/r,��/✓5�� _.` -a'` � '. � �°{ � � PETER A. KNOLLA .� . _ _ Seaetaty ' SfATE OF IOWA 1 � s.s.: COUN7Y OF POTTAWATTAMIE j R'cDLAND INSURn NCE COMPANY By { JOHN Y. NELSON President Counci] Bluffs ,+_,. � ;-:;: o, On ttils 18th day of October, 1993 before me personally came John P Netson, to me known, who being by me duly swom, did . {� � depose and say that he �s president of REDLANL? tNSURANCE COMPANY the mrporation descnbed in and which execvted tSie above in5tzumenL that he knows the seal of the said corporation, tha[ the seal affixed to the sa�d instrument is such corporate seal; that it was so affixed by order of the Board of �ectors of said corporahon and that he s�gned his name thaeto by tike order. . >`�� .lEANEnEALDREDGE ��-C(.� t�a y� MY WMMISSICN eX?IRES JEANE'ITE.ALDAEDGE �c.� aiS99 NOTARY PUBLIC � My Comm�ssion Expires March 15, 1999 1, ihe underngied, Vice President ot KEDIAND INSURqNCE CO!�IPANY an lowa corporaaoq DO HEREBY CERTIfY that the foregofng and atta<hed Power of Attomev remairvu in fvll for<e and has not been revokcd; and iurthermore that the Resolution of th_ Board of D�re<rors, set forth in the said Power of Attorney, is now �n force. _ � Sigied and sealed at the Gty of Councii Bluffs, m the State of Iowa, dated the 19TH day of FEBRUARY , 1999 . ENDEAVOR FINANCIAL, INC � � ROGER D. STORDAHL Semor Vi<e President iitiS UqC i.17F:A"i iS tiOT VALID l;itiLESS PRIATED U� C;REti `H:AI�hL B�l kC,ROI.�D R9TlLA RED SI'.AI.AL At,�IBF.R IN "�HF. _ ::PPER RIGIIT (IAVD CORV�PR THE [3:1(R OF TlIIS UtJCI AIFV' CUV1 ;;�:5 1A .ARTIP�CGVL �4"4TFR�IARfi-IIOLD A7 A`� _. AV(iL"�qblf:�1_iFYO["fiA�'L,Av1QC6SllqhS(t)Al'FRtiIA(�T11i A:IliLtil(CI"I�SOFTHISDQCI.�it:�'f.AUl.ARI:I,R<iEU � _ TOCOA'1ACTOCRPO�VFRqF4T?r)(2�'E!'<�LSTODIA'�4�I-.+ou-,r,_-;,�, ;'�E+, ioi ro� :;ax .3;�- �. -='--_ --- _-------- _ . �...r .•. ._d.^�`e� . -.. ,.. � �..li! �V.'..�L s�` . y '�� t''=`" -��. ,.- , ,. :' �- ..'/. _ r ._ __ .. _ _ _ _` .... _ �__ , `ti•''�s'r`-�_ "w�^^'_-r-�. _---• � " : =;• � � v � .� : �""' - - " - - , � ��._�� .� ': `QP O q '',` O 9 .� v .•.. m .SEAL: �OSi17-A9 WED 11:55 F.�1S 8512:26828 HO£�� & RRAUSE : , :� ,r � / ARTZCLES O£ INCORPORATION OF ENDEAVQR FINANCIAL, INC. ci�t-b� S � 002 � i�z�i The undersigned, for the purpose of forming a corporation � under and pursuant to the provisions oL Minnesota Revised Statutes, Chapter 302A, and lacrs amendatory thereof and supplementary thereto, does hereby adopt the following Articles of Incox'pozation: ARTICLE I pjAMF The name oE this corporation shall be Endeavo= Financidl, In�, ARTICLE II REGISTERED OFFICE f� The registered office of this corporation in the State of ;/ Minnesota shall be 8135 Foxberry Bay, Savage, Mi�i 553�8 ARTICLE III SHARES OF STOCR The total authorized shares of this corporation shall be� Twenty-five Thousand (25,Oo�} with no gar value Which sha11 be known as common stoek. ARTICLE IV INCORPORATOR The name and post office address of tha incorporator is: Name Curt R. ?otts Address 8135 Foxberry Bay Savag�, MN 55378 IN WZ2'NESS WH"REOF, the anove-named incorporator as executad th�e5a, Article"s of Zncorposation as of this �ay of ,19� INCO ORAT�� / STATE OF �� C�. potts ��irr�wr a si�n �� f EB A 1 �9?� ,. '�...�� " � ai �w � Q � 44o�� S Affiliation to other Currency Exchange Curt Potts- 1. President of Landmark Financiai- 942 Payne Ave. St. Paul, Mn 55101 2. l�wner of Younge, Potts, Wiezer and Company- 7620 Lyndale Ave. Richfield, Mn 55423 James C. Ericicson- Owner of Community Financial Mall of America 2. Owner of Community Financial Calhoun Square �� 5 Notarized 112 Mile Distxnce from another Currency Exchange I, Curt Potts, partner of Endeavor Financial Inc. am stating that this proposed location is more than lJ2 mile from the nearest currency exchange. % �� i � Curt Potts ` Notary a.^ct� a. �; =:»�c - : r� - - �::`,;.:ScY CC WTY ��-c�� S List of Owners James C. Erickson-12-30-43—Pariner 3701 Abbott Ave Mpls., MN 55410 478-54-6464 Curt R. Potts-12-31-b9—Partner 8135 Foxberry Bay Savage, MN 55378 475-IS-4981 �t� � � � BTAT£ OF MINNggpTA DEPARTMSNT OF PUBLZC SAFETY HUREAU OF CRZMZNAL AppggFIg@TSION CRZA3ZNAI+ JLTSTICE INFORMATION SYSTEM SECTION 1246 UNIVERSITY AVE, ST PAUL, MN 55104 - 4197 (651) 542-0670 TTY (651) 282-6555 Date; 101598 Name: ERICKSON, JAMES C DOB: 123043 SEQ #: 1576 This letter certifiea that a aearch has been made of the criminal hiatory files maintained in Minneaota by the Department of Public Safety, Bureau of Criminal Appreheneion. The search was perfoz�ned by Nar�e and Date of Birth. The reault of this search indicates that no reccrd was found based on the above aearch criteria. Thia doea not preclude the poasible existence of additional information located at county or city levels. If you have queations about thie record please contaat the telephone number above_ � �� (� � S STATE OF MINNESOTA DEPARTMEN?' QF PUBLIC SAFETY BUREAU OF CRIMINAL APPREHENSION CRIMINAL JUSTICE INFORMATION SYSTEM SECTION 1246 UNIVERSITY A�7E, ST PAUL, MN 55104 - 4197 (651) 642-0670 TTY (651) 282-6555 Date: 020899 Name: POTTS, CURT R DOB: 123169 SEQ #: 1484 This letter certifies that a search has been made of the criminal history files maintained in Minnesota by the Department of Public Safety, Bureau of Criminal Apprehension. The search was performed by Name and Date of Birth. The result of this search indicates that no record was four.d based on the above search criteria. This does not preclude the possible existence of additional information located at county or city levels. If you have questions about this record please contacC the telephone number above. �� S Work Experience Curt Potts- I, have worked for Landmark Financial since 5-92. Since 8-88 I have been a student at Oral Roberts University. James Erickson- I, have worked for Larkin, Hoffman, Daly and Lindgren from 1973 to 1997. From t997 to present I have owned Community Financial. �rt--�e�5 § �3•09 ItiDliSTRI4L LO.�N i\D TI-IFtIFT C014PA\IES =afes, and caulu of all these persons. The commissioner and all persons duly designated may require the attendance of and e�amine, under oath, all persons �rhose testimonp the commissioner mag reyuire relative to the loans or business or to the subjeet matter of an esamination, im-estigation, or heazing. lipon �3ritten agreement w�th the companr, the commis;ioner may eonduct examinations app]}�ng the procedmes for purposes of subdi�ision I, and section �6,0.}, subdivision 1, to facilitate the qualifieations of the company to paz-ticipate in the linited States Small Business ddminisn•ation loan guaizntee or similar programs. Each licensee shall pay to the commissioner the amount requu•ed under section A6.131, and the commissioner may maintain an action for the recocer�- of the costs in a coui2 of competent jurisdiction. Subd. 3. Penalties. The penalties for violation of this chapter, or for any Kn•ongdoing in connection there�� shai] be the same u those applied to state banks under the laws of this state. In addition to being subject to the penalties in section 4825, a company in violation of section o3A5, clause (2), may eure this ��olation in the manner provided in section 4825. Subd. 4. Interpretive opinions. The commissioner may honor requests from interested parties for interpretine opinions in eonneetion .iith the administration of this chapter. No ormision of this chapter or of any other ehapter to H�hich this enapter refers which imposes am� penalty shall apply to any act dove or not done in confo�Tnity� with any ��ritten interpretiee opinion of the commissioner, nornzthstanding Uiat such �n�itten interpretive oninion may, after such act or mnission. be amended or rescinded oi• be determined by judicial or other authority to be im�alid for any reason. ,lmended by Laics 1939, c. 166, § 24; Latrs 199?, c. 557, art. 1, § 21; Laws 1993, c. 25i, § 35, ef£ A1ay 30. 1993; Laws 1995, c. 202, art. 1, §§ 16 to 18, eff. May 25, 1995; Laws 1996, c. 414, art. 1, F?S, eff. .�pri13, 1996; Lans 199i, c. 15'r, § 4�, eff. llay 17, 1997. Aistorical and Statutory Notes 19$9 Legislation The 1959 amendment provided tliat in addition to being subject to penalties in § 4828, a company �iolating § 63.05, cl. (2) may eure the 4iolafion as procided in § 4828. 1892 Legislation The 1992 amendmenY, in subd, 2, cl. (1), deleted a requirement that the report be published once. at the ei of the indust�•ial loan and thrift eompany, in a neu5paper of the county of its location, K�th proof filed with the commissioner of commerce. 1993 Legislation The 1993 amendmenc added subd. 9, relating to intetpretive opinions. 1995 Legisiation The 1995 amen<knent, in subd. 1, pravided that the e.�aminations n�ere to be conducted for ffie purposes set forth in § 96.04, subd. 1, and spec�ed that thi subdi�ision applied to industrial loan and thrift companies "�5�th the right to issue thrift certiticates for investment"; in subd. 2, cL (1), changed the reQorting date from "before the first day of Febrvary" to "before the first dac ot ➢4az�ch"; and added subd. 2a, allowing the commis- sioner to investigace whether the licensee �s com- plyring with this chapter. 1996 Legislation The 19JG amendment, in subd. 2, cl. (2), deleted a provision requiring each indush�ial loan and thrift company to make the publieation required of state banks pursuant to � 4S.4S. 199i Legislation Laa-s 1997, c. 157, § 46, in subd. 2a, authorized the commissioner, upon aTitten agreement ��ith the company, to conduct examinations apph�ng the procedures for puiposes of subd. I, and §�G41, subd. 1, to facilitate ihe qualifications of the com- pany to participate in the U.S. Small Business Admuustration loan guarantee or simi7az pro- gratns. Chapter 53A CliRRENCy E1CH.4NGES Section Section ai9.OL Defimtions. Si�..05. Chaage of name, o« or locatiun. a?AO°_. Lieease. 639.OG. Fine, suspension, ur reeocation of li- a3A.03. 9oplication for license; fee=, cense. a?A.C�-4. .'�ppro�'al or denial of an apnlicat�on. 53d.07. Filing of fees; unreasonab7e fees. �j9d CURRENCY E%CHAi�'GES q� c��5 § 53A.02 Secfion Section b3A08. Bond. 53A10. ��solations. a340S1. Annual report and investigations. a3A11. BooYs of account; annual report- n3A.09. Powers; limitations; prohibitions. ��-L. Rules. a?A13. Fee notice: faise adrertising; penalty. 53A19. Repealed. WESTLAR Electronic Reseazch See WESTLAW Etech�onic Research Guide fol- loning the Prefaee. o3A.01. Aefinitions Subdi�ision 1. Currency exchange. "Currency exchange" means any person, except a bank, trust company, savings bank, savings associarion, credit union, or indust�iat loan and tluift company, engaged in the business of cashing checks, drafts, money orders, or travelers' checks for a fee. "Czureney exchange" does not inelude a person who provides these services incidental to the person's primary business if the chaz•ge for cashing a check or draft does not esceed $1 or one percent of the value of the cheek or draR, whichever is greater. Subd. 2. Commissioner. "Commissioner" means the commissioner of commerce. Laws 1959, c. 247. § 1. Amended by Lan�s 1995, e 20?, art. 1, � 25, eff. May 25, 1995. Aistorical and Statutory� \otes 1989 Legislation . Laws 19B9, c. 247, § 16, provides that this sec- ¢on is effeCtive August 1, 1959. Existing cun�ency e�hanges must submit applications in compliance aith this chapter by Oetober 1, 1989. No curreney axchange shall operate «ithout a license aher De- cember 31, 1989. 1995 Legislation La�cs 1996, c. 202, art. 1, § 2S, insu�ucted the revisor of statutes to change "building and loan assceiation" or "savings, building and loan assoeia- tion" or "sa�ings and loan assoeiatiod' or similar term tA "savings association" or similaz term in Minnesota Statutes and Minnesota Rules. 53A.02. License Subdivision 1. Requirement. A person may not engage in the business of a currency exchange without first obtaining a license from the commissioner. Not more than one place of business may be operated under the same license, but the eommissioner may issue more than one license to the same licensee upon cAmplianee by the applieant �r�th a11 the provisions of this chapter for each new license issued. Subd. 2. Distance limitation. No license may be issued or renewed under this chapter �f the place of business to be operated under the lieense is located or proposed to be located within one-half mile of another licensed currency eacchange. The distance limitation imposed by this subdivision is measured by a straight line from the closest points of the closest structures incolved. Subd. 3. Prohibition. A licensee may not contract with ano±her person or business entity to manage the curreney exchange business. This subdi�ision does not prohibit [he licensee from employing peisons to operate a curreney e�change facility. Laws 1989, c.24i, §?. Amended by Laws 1992, c. 504. $ 2. Historical and Statutorp Notes 1939 Legislation Laus 1989, c. ?47, § 16, prorides that this sec- pon is effeclive dugust 1, 1989. E�isting currency eschanges must submit applications in compliance �+,i[h this ehapter by October 1, 1989. No currencc eschange shall operate «ithout a lieense afcer De- c�ember 31, 1989. 1993 Legi>lation The 199? amendment re«rote this sec[ion, which hari read: "A pe:son ma}' not engage in Che business oi a cm7enc}' eschange �rithcut fvst oAaini�g a licerue from the commissioner. � Pe+son mar opera[e cunene}� esehanges at more than one location «ith one license." 32a S� c� � s S� �iai.02 CtiRRE?�'CT E.l'CH�\GES Lz�:; 159?, e. 502, § 9, prorides in pzrt that § 3 diat begin opeiating on or after the effee[i��e date. u efi<cti� Aqtil 'a. 1552, ti�a: 9 2. >u�ds. 2 and 3, and ihat fi?, subd. 1, applies to licenses i. or appl; ;p licen<es issued for ne«' places of busine:s rene« on or af[er that date. 53A.G3. Application for license; fees (a� �n application for a license must be in nliting, under oath, and in the forrn preceribed and ,"urni;hed by the commi�sioner and muet contain the fullo�ring: (1� ihe full name and address (both of residence and place of business) of the applicant, and ff the applicant is a partnership or association, of e�•ery member, and the name and business address if the appiicant is a co3•poi•ation; (2� the county and municipalitc, edth street and number, if any, of all cun•ency exchange loeacions operated by the applicant: and (3) the applieant's occ�pation or profession, for the ten years immediately preceding the application; pi•esent or precious connectlon �rith any other cuirency exehange in this or any other state; �chether Che applicant has erer been comzcted of any crime; and the nature of the applicant's oceupaney of the pi•emises w be lieensed; and if the applicant is a partnership or a corporation, the information specified in this paragraph must be supplied for each partner and each" officei' and director of tl�e coiporation. If the applicant is a paitnership or a nonpubiicly held corgoration, the :nformation ;pecified in this para�•aph must Ue required of each partner and each officer, d'u�ector, and scoekholders o�rning in e�eess of ten percent of the corporate stock of the eorporztion. (b) The application shall be accompanied by a nonrefundable fee of $250 for the re�iew of the initial application. Upon approva] by the eommissioner, an additional license fee of $50 must be paid by the applicant as an annual ]icense fee for the remainder of the calendaz year. An annual license fee of �50 is due for each subsequent calendar year of operation upon submission of a license renewal a�plieation on or before September 1. Fees must be deposited in the state trea�ury and credited to the general fund. Upon payment of the reqvired annual license fee, the commissioner shail issue a lieense for the year beginning January 1. (c) The commissioner shall require the applicant to submit to a background investigation conducted by the bureau of cr;minal apprehension as a condition of licensure. As part of the background investigation, the bureau of cifininal appi•ehension shall tonduct criminai history checks of Minnesota records and is anthorized to exchange fingerprints with the Federa] Bureau of Investrgation for the purpose of a criminal background check of the nationai files. The cost of tl�e im must be paid bc the appiicant. (d) For purposes of this seetion. "applicznt" includes an employee who eaercises manage- ment or polic�� control ove:• the compan,y, a cla�ector, an officer, a limited or general partner, a manager, oi• a shareholder holding more than cen percent of the outstanding stock of the corporation. Laus 1959. s 217, § 3. Amended by La�rs 1932, c. 50.9, § 3: La�cs 1993, c. 3:r3, § 1. Historical and Statutory Notes 1989 Legis]ation , Lairs 1989, e. ZA7, § IG, prmides that this see- tion is effective August 1, 19S9. Eaisting eurrencg euhanges must submit applicacions ir. compliance �iith this chapter by Octqber 1, 1959. No eurrence eschange ehall operate nithoui a licer.se after De- cember 31. 1989. 1993 Izgislation The lA9° zmendment addzd pnrs. (c) and (d), requiring a background im•es[i�aTion of applicants and defining "applicant", respecticely. La�vs d992, a 504. § 9, provides in part that § 3 is effecpte Ap�il 24, 1992, and applies to licenses issued or renew�ed on or after that date. 1993 Legislation The 1993 arnendment changed the date frum llec 1 to Sept. 1 in tl�e thiid Sentence of par. (b). 53A.04. Approa•al or denial of an application (a} };%ithin 30 davs after the receipt of a comp7ete application, the commissioner shall deny the application or submit the applieation to [he governing bod7 of the local unit o£ gocernment 326 iCHANGE5 e:feai.•e date, �� i,sued or n prescribed nolicant, and and business c}� exchange receding the a this or any �he nature of pa:tnership ied for eaeh ;r.ership or a � required of n pei•cent of he review of �e fee of $50 Iendar yeaz. tation upon a must be meat of the .r beginning :ncestigation � part of the �ina] history che Federal auonal files. =es manage- i? partner, a :toek of the pa � that § 3 _s m licenses e date from e oi par.(b). ',nall denc >ore*nment _< _..... CURRENCY E%CHAI��GES _�_ `�S-�l� § 53A.05 in tchich the applicant is located or is proposing to be located. The commissioner may not approve the application Kzthout the conc�ence of the gocerning body. The gocerning body shall gice published notice of its intenf,ion to consider the issue and shall solieit tesffmony from interested peisons, including those in the community in �ehich the applicant is located or is proposing to be located. If the gor•erning bodc has not appro��ed or di;appro�'ed the issue �cithin 60 days of receipt of the application, concurrence is presumed. The commissioner must appro�•e or disapproce the application �cithin 30 dacs from receiving the decision of the governing body. The gocerning body shall have the sole responsibIlity for it� decision. The state snall have no responsibDity for that decision. (b) If the application is denied, the commissioner shall send bc mail notice of the denial and the reason for the denial to the applicant at the address contained in the application. If an application is denied, the applicant may, Kdthin 30 day-s of receicu�g the notice of a denial, request a contested case hearing puisuant to chapter 14; pro�ided that if the denial is based upon the refusal of the governing body to concur the governing bodc nrust afford the applicant a heaiing. The applicant shall have no itight to the heaiing pro� for in this section ff the denial is based upon the governing body's refusa] to eoncur bnt shall have a heaiing before the goveining body. (c) This section applies to initial applications and rene�cal applieations. � (d) The state shal] have no responsibility for the action of the governing body. La�cs 1989, c. ?47, § 4. Amended by� Lau•s 199'?, c. 50.1, § 4. Historical and Statutory Notes 1959 Legislation Lau's 1959, c. 2d7, a 16, provides that this see- tion is effectice August 1, 1989. Esisting cumency exchanges must submit applications in complianee ni[h this chapter bt' October 1, 1959. No emrene}' exehange shalS operate ��ithout a license afeer De- cember 31, 1959. 1992 Legislation � The 1992 amendment re«i�ote this section, �chich had read: "The commissioner shall approce or denc an application «ithin 30 days from the comple[ed filing of it. If the application �s denied, the com- �nissioner shal] send by maii notice of the denial and the reason for the denial to the applicant at the address contained in the application. If an application is denied, the applicant ma��, Within 30 days of recei�ing the notice of a denial, request a contested case heuing pursuant to chapter 1� " Laas 199?, c. oOA, §�J, pro�ides in pazt that § 4 is effective dpi�l ?4, 199?, and applies to licenses issued or renewed on or after chnt dare. 53A.05. Change of name, ownership, or location Subdi��sion 1. Name or location. IF a licensee proposes to change the name or loeation of any or all of its cun•ency eschanges, the licensee shall file an application for approcal of the change ��ith the commissioner. The commissioner shall not approve a ehange of location if the requirements of seetions 53A.02, subdivision 2, and 53A.04 hace not been satisfied. If the change is appro�'ed by the commissioner, the commissioner shal] issue an amended ]icense in the licensee's ne�c name or location. A$50 fee must be paid for the amended lieense. Subd. 2. Ownership. The licensee shali notify the commissioner 3� business da}•s in advance of any ehange in ownership of the cun•ency e,eehange. The commissioner may� revoke the cuireney eachange lieense if the nea o�cnership �could have resulted in a denial of the initial license under the provi;ions of chapter 539. Lans 19R9, c. 24i, § 5. Amended by La�cs 1992, c. 50A, § 5. Historical and Statutorc \otes 19S9 Legislation 1993 Legislation La�s-> 1989, c 21 i, § 16, provicles [hat this sec- The 1992 amendment renTOte chis sec[ion, �chich tion u effective 9ugust 1, 19S9. E�isting cmreney had read: e�changes mwt submit aypiieaAOns in emnplianee °If a Lcen'+e proposes [o change tne name or nitli tnis chap[er bc October 1, 1989. No ewrenec location of am' or all of i[s c:n�eneti� exchanges, or exchange shail operate �dthout a license afrer De- adds a ne�r currency eschxage loca[ion, che hcen- cember 31, 1939. see shali file an applicacion tor approcsl of [he 33� �� S § 53A.05 ehange nith the Commissioner. If the change is approced by the commissioner, the commissaner shall issue an amended license in the liceasee's new name or location. 9$50 fee must be paid for che amended license:' CURRENCY EXCHAA'GES Laws 199?, c. 561, § 5, prrnides in par[ that § S is effectice April 24, 1982, and applies to lirenses issued or renemed on or after that date. 53A.06. Fine, suspension, oi re�•ocation of license (a) The commissioner may suspend or revoke any license under section 95.027 if the commissioner finds thaL (1) the licensee has failed to pay the annua] lieense fee or to maintain in effect the required bond or [o eomply n any order, decision, or finding of the commissioner under Laws 1989, chapter 247; (2) the licensee, or any officer or director of a corporate ]icensee, has violated any provision of Laws 1989, chapter 247, or any ru]e or order of the commissioner under this chaQter or ehapter 45; - (3) the licensee, or any officer or director of a corporate licensee, has violated any other law which u�ould indicate that the person is untrustworthy or not qualified to operate a eurrency exchange; or � (4) any fact or condition zvsts which, if it had existed at the Ume of the original or renewal applieaGon for the license, would have u�azranted the eommissioner refusing the issuance of the license. (b) A iicense may not be revoked until the licensee has had notice of a hearing pursuant to the provisions of chapter 14. (c) A licensee may surrender any license by delivery to the commissioner. The surrender does not affeet the lieensee's civil or criminai liabIlity for acts committed before the surrender, or affect the liability on the bond reqnired by seetions 53A01 to 53A13, or entitle the licensee to a return of any part of any license fee. (d) $efore suspension or revocation of the license, the commissioner may fine a licensee for ��olations of Laa-s 1989, chapter 2�17, as authorized under ehapter 45. La�is 1989, c.?A7, § 6. Historical and Statutory Notes 1989 Legislation Laws 1989, e 217, § i6, pro�ides that this sec- fion is effee6ve August I, 1959. E�sting curreney ezchanges must submit applieations in compliance w�th this ehapter by October 1, 1959. No currency exchange shaii operate «4thout a license after De- cember 31, 1989, 53A.Q7. Filing of fees; unreasonable fees Subdi�ision 1. Appro.�al of fees. Fees charged at each location for check cashing seniees must 6e filed v.4th and approved by the commissioner. Subd. 2. Amendment of fees. A licensee may amend its fees at any time by filing the proposed amendments wzth the commissioner. The application for amendment shall be in writing, under oath, and in the form prescribed by the commissioner. A fee of $50 shall accompany the application. The commissioner sha11 agprove or deny the applieation 60 days after the filing of a complete application to amend its fees. Subd. 3. $tandazds; unreasonable fees prohibited. The commissioner may disapprove the fees filed bp a currency eschange if Uiey are not fair and reasonable. In detei�nining �chether a fee is fair and reasonable, the commissioner shall take into consideracion: Q) rates chazged in the past for cashing of checks by those persons and organizations pro��ding check cashing sen�ces in the state of Minnesota; �2) the income, cost, and experience of.the operaUons of currency eschanges existing prior to this enactment or in other states under simi]ar conditions or regulations; (3) the amount of risk incolved in the type of check to be eashed and the loeation �khere the currency e�ehange operates; szs H:INGES �rt that § 5 to licenses JP7 if the z required .aws 1989, �� pirovision chapter or other law .i currency n•renewal ssuance of ursuantto surrender sun•ender, ie licensee censeefor �o currency =e afcer De- k cashing filing the �hall be in : S50 shall an 60 days disapprove �[ermining �ideration: xanizations �ting prior �chere the CURRENCY"E%CHANGES �4-b�5 § 53A.081 (4) the general cost of doing business, insurance wsts, security wsts, banking fees, and other costs assoeiated v.ith the operations of the paitieular eurcencg exehange; (5) a:�easonable profit for a cun•ency elchange operation; and (6) any other matter the commissioner deems appropiiate. The commissioner shall set a separate rate, consistent �'ith the aboce standards, for checks issued by a gorernment entitp in an amount up to $�00 to be eashed by a cun�enec exchange. LanS 1989, c. 247, § i. Historical and Statutory `otes 1939 Legislation La�vs 1989, c. .�.1i, $ 16, provides that this sec- tion is effectice August 1, 1953. Esisting curreney exehanges must submit applications in compiiance nith this chapter by Ociober 1, 79S9. No cun�ency erchange shall opeiate withouc a license aRer De- cember 31, 1959. 53A.08. Bond Before a]icense may be issued to a curreney eachange , the applicant shall file annually �cith and have approved by the commissioner a surety bond, issued by a bonding company authorized to do business in this state in the principal amount of $10,000. The bond must run to the cominissioner and is for the benefit of creditors of the currency e�change for lia6ility incurred by the cuirency exchange on money oiders issued or sold by the cun•ency eschange, for liahility incuil•ed by the eun•ency exchange for sums due m a payee or endorsee of a check, draft, or money order left ��ith the currency exchange for collection, and for liability incurred by the cuirency exchange in conneetion «ith pirociding currenep exchange sen�ces. The commissioner may require a lieensee to file a bond in an additionai amount if the commissioner considers it neeessary to meet the requn•ements of this section. In dexermining the additional amount of the bond which may be required, the commissioner may requu�e the lieensee to file its financial records, including all bank statements, pertaining to the sale of money orders for the preceding 12-month peiiod. In no case may the bond be less than the initial $10,000 or more than the outstanding liabilities. Laws 1989, c. 2'�7, § 8. Amended by Laws 1992, c. 504, § 6. Historical and Statutorp \otes 1939 Legisiation Laws 1989, c. ?47, § 16, provides that this sec- tion is effecUCe Augusi 1, 1989. E�isting Cma�ence e�changes must submit applications in compliance ��ith th�s chapter b�� October 1, 1989. No cun•ency exchange shall operate without a]icense after De- cember 31,1939. 1992 Legislation The 1992 amendment re«rote this secGOn, which had read: "Any cm'rene}' eschange tha[ eng2ges in [he sale of money ordeis or traveler checl:s shall comply �cith bonding requirement pursuanc to sectiou 4&.151." Lau�s 1932, c. 504, § 8, proride� in 4art that a 6 i; efPectiee .�p:il 21, 1992, and appl�es to Leenses issued or renewed on or afrer that date. ' 53A.OS1. Annual report and im�estigations I � Subdi��ision 1. 9nnual repoit. On "or before Apiil 30, a licensee >hall file an annual i report �dth the commissioner for the pre�ious calendar cear. The report must contain � informarion that the commissioner may reasonabl}' require concerning, and for the purpose of ; e�amining, the business and operations of each licensed cun•encr ezchanee. Subd. 2. Im The commissioner may at any tune and shal] at least once in � each �•ear incestigate the cun•ene}� ezchange business o: any licensee and oi e� person, purtneisMp, assoeiation, and cos�oration engaged in the business o: operating a c.arene} � eschange in the manner procided under section 46.027. Subd. 3. Fees and espenses. The licensee shall pac the costs o= an esamina_ion or inves[igation in che manner pro�ided under sec[ion 60A.03, subdici;ion 6. 329 ��-��5 § 53 �•081 CURRE\CY EtiCH,'�GGES CL'Rt �ubd 4. Classification of data. Financial information on individuals and 6usinesses that i wbmitted to the commissioner in the annual report under subdivision 1 are pifi data on inr:niduals or nonpublic data. Lxms 7992, c. 50.1, § 7, Amended br Laics 1996, c. 439, art. 1, § 6; La�rs 1997 lst Sp., c. S, § 19. Aistorical and Statutory lotes 1952 Le%islation Lan� 19Y? e. n�4, § g, pro�ides in part that § 7 is eifee.ice April ?A, 1992, and applies to ]icenses iss,:ed or rene�ced on or after that date. 19Wi Legislation The 1996 amendment, in subd. 1, reqvired the rep,rt w be filed on or before "April 30" rather thaz'33azch 1". 53.�1.09. PoK•ers; limitations; prohibitions 1959 L Lan Uon ig e�char 1997Legislation � �3a.1_ Laws 1997, lst Sp., e. 3, § 19, added subd. 4, The rela6ng to finaneial informatlon on indiuiduals and and e� businesses submitted in the annual report. La�cs ] Subdivision 1, peposits; escrow accounts. A curreney exchange may not aecept money or currency for deposit, or act as bailee or agent for persons, firms, partnerships, associations, or corporations to hold money or cun•eney in escrow for others for any purpose. However, a currency eschange may act as agent for the issuer of money orders or tracelers' checks. Subd. 2. Gambiing establishments. A currency e�change ]ocated on the pi•emises of a gambling establishment as defined in section 256.9831, subdivision 1, may not cash a warrant that bears a restrictive endorsement under seetion 256.9831, subdi�ision 3. Lau�s 1989, e. 21^r, § g, Amended Eg Laws 1996, c. 466, art. 3, § I. Historical and Statutory Notes � 1989 Legislation 1996 I,egislation Lans 1959, e 21 i, § 16, protides that this see- The 1996 amendment designated evsting text as 6on is effec6re August 1, 1989. Enisting em•rency eschanges must submit applications in compliance subd. Y; and added subd. 2, relating co gambling �iith this ehaptei by Octo6er 1, 1989, No cuil�eney estabiishments. exchange shall operate ��ithout a]icense after De- cember 31, 1959. 53.410. Violations My person, finn, yssociaGon, partnez•ship, or coiporation that �5olates La�cs 1959, ehapter 245, shall be guIlty of a misdemeanor. La�cs 1959, c. 217, § 10. Historical and Statutory Notes 1959 Legislation LaHS 1959, e 2f i, § i6, pro�'ides that this see- tion is effeetice Avgust 1, 1959. E�isting currency exchanges must submSt applieaUons in wmpiiance 539.11. Books of account; annual report The ]icensee shall keep and use in the lieensee's business the books, accounts, and reeords that �cill enable the commissioner to detercnine �chether the licensee is comphing �rith the prorisions of Lal��s 1989, chapter 247, and ndth the rules adopted by the commissioner. A lieensee shail preserve the books, accounts, and records for at leasc t.i-o years after making the final entr��. 1939 L� Laa tion is e>chan Cun 2Si2.0i 53A.1: Sub senlc� premi: Sub ute, m that o; Su6 liable reasor La�cs ] 1959 L� La�ee tion is � eschani �tith this chapter 6y Oe[ober i, 1983. No cUrrency � SLari� eschange shal] operate �rithou[ a license af[er De- hance c eember 31, 1959. Minn.T� Laus 1939, c. 297, § 11. 330 53A.1 f The : requu�e n9th th. La�cs I' F EXCHA.tiGES nd businesses that :re private data on �., c. 3, § 19. 19. added subd. 4, �n on indieiduals and nual report. not accept money >hips, associations, �ose. Hok a u�acelers' checks. 4he premises of a iot cash a warrant �ated existing text as relating to gambling .a«s 1989, ehapter , 1969. No cun'ency� � a license after De- oun[s, and records �mplcing �5ith the commissioaer. A ea.*s after making CURREIiCY' EXCFL��GES -...�,_ _ _. ��5 § s3aia Repealed Historical and Statutory \otes 1959 LeS�slation La�cs 19S9, a 24i, � 16, pro�ides that this sec- tion is effecU��e August 1. 1959. E�isting em'renc}' exchanges must submic applicalions in wmplianee �i9th Uus ehapcer bc October 1, 1989. A'o currency exchange shall operate uithout a license after De- cember Sl. 1959. 539.12. Rules The commissioner may adopt ivles under chapter 14 as may be neeessan� to administer and enforce this chapter. La«s 1959, a 2�7, § i?. 1959 Legislation La�cs 1989, e 247, § 16, pro�ldes that this seo- tion is effective August 1, 1959. E�stlng evrrency exchanges must submi[ applications in eompliance Historical and 5tatutory Notes ��ith thu ehapter by October 1, 1989. No currency e;cchange shaIl opente ni[hout a license a8er De- cember 31, 1959. Administrati�'e Code References Cuirency eschange rates, see Minn. Rules 2672.0100. 539.13. Fee notice; false adcertising; penaltp Subdivision 1. Fee notice. The fees charged by currency exchanges For rendeting any sexvice authorized bc sections 53A.01 to 53A13 must be prominently di;played on the premises of the cun�ency eschange in the fashion required by the conmiissioner. Subd. 2. False advertising. A licensee ma}� not ad� print, display, publish, distrib- ute, or broadeast am statement or representation that is false, misleading, or deceptive, or that omits material inforenation. Subd. 3. Cieil liability; penalty. A person �cho ciolates an,y subdieision of this chapter is liable to the person damaged by the ��olation for actual damages. The court may� award reasonable attorne� fees and eosts. La�cs 1959, c. 24i, 3 13. 1999 Legislation La�cs 1939, e. 24i, § 16, procides [hat this sec- lion is etfective August 7, 1939. Evsting eurreneg e�changes must submit applieations in complianee Historical and Statutory Notes «4th this chapter bg October 1, 15S9. No currencp eschange shall operate ��ithout a license after De- cember 31, 1989. Law Rev�ew and Journal Commentaries Scatutoiy fee-shifung: Ne�c opportunities to en- hanee dient resulis. Arlo H. 4ande Vegte. 15 Minn.lYia1 La�� o (Fall 1990). 53d.1�1. Repealed by Law�s 1992, c. 50d, § S. The repealed section. �chich preempted locai lam requu�ements to the estent thec �cere incon;istent ��ith the requiremencs in c. o3A. «'as dericed from La«s 19SQ c. 2-� i. § 1+. Historical and Statutorc Notes La�r� 1992, c. 001, a� 9. pro�ico; in pu: that § z is effectice 1.pri1 24. 199?. and applies to licenses issued or rene�ced nn or aRer tt.a: date. 331 � c�c�.t,,�s OFFICE OF 7HE CITY ATfORNEY - , �:� ._^. ._ . ._ _ Claytors M Robirtson. Jr. Attorttey _ �. CITY OF SAINT PALJL = c;vrrDN;s;on Norm Coleman, l.tayor C 1 E; s y_� r; i gD0 Ct� Ha11 Telephone: 65/ 166-8i l0 � r5 I�st Kellagg Blvd. Facsimile: 65J 298-5619 ,Sain� Paul, Minneso(a 5510? � i.� I�_. =.� t i�. . ... _ � May 6, 1999 Mr. Curt R. Potts 8135 Foxberry Bay Savage, Minnesota 55378 Mr. James C. Erickson 3701 Abbott Avenue Minneapolis, Minnesota 55410 RE: Currency Exchan�e License Application of Curt R. Potts and James C. Erickson d/b/a Endeavor Financial; Inc. for the premises located at 577 University Ave. in St. Paul Dear Mr. Potts and Mr. Erickson: The City of Saint Paul O�ce of License, Inspections and Environmental Protection has received notification from the Minnesota Deparcment of Commerce of your currency exchan�e license application for Endeavor Financial, Inc. located at 577 University Avenue, Saint Paul, Minnesota 55103. Minn. Stat. §53A.04 requires the approval or disapproval of your application by the local goveming body after published notice and public hearing. Saint Paul I.egislative Code §381.02(b) requires that the hearing be held before an independent hearing examiner in conformity with the provlsions of §310.05 and §310.06 of the I.egislative Code and the rules of the office of administrative hearinbs. In accordance with these rules a public hearing has been scheduled to consider your license appiication. The hearing wili be held Monday, May 2A, 1499 at 9:30 a.m. in the St. Paul City HalllRamsey County Courthouse, room 40-A, 15 West Kellogg Bonlevard, Saint Paul, Minnesota. Your attendance at this hearing is extremely important, especially if any adverse testunony is presented to which you wish to respond. Saint Paul L,egislative Code Section 381.02(c) requires the license applicant to pay a fee to the City to cover the costs of administering and processin� the currency exchange application. The fee for this application is $317.00 and must be paid within fifteen (15) days of the receipt of this letter. The Code further requires the appiicant to re:mburse the City for its costs in conducting the hearin�(s) prescribed by State Law. You may be billed for those costs afrer the hearing(s). ��-b�S Page 2 - . Endeavor Financial, Inc. May 6, 1999 If you have any questions, I can be reached at 266-8710. Sincerely, %/_�� J ��,� J �` , Virginia D. Palmer Assistant City Attorney cc: Nancy Thomas, Office of Administrative Hearings, 100 Washin;ton Square, Suite 1700, 100 Washington Ave. S., Mpls., MN 55401 Bob Kessier, Director, LIEP Christine Rozek, LIEP Troy Gilbertson, LIEP Nancy Anderson, Assistant Council Secretary, 310 City Ha11 Michael Samuelson, Exec. Director, Thomas-Dale/Dist. 7 Planning Council, 689 N. Dale 5t., St. Paul, MN 55103 7ohnny Howard, Exec. Director, Thomas Dale Block Clubs, 1034 Lafond Ave., St. Paul, MN 55104 �4 �� STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on May 6, 1999, she served the attached LETTER on the following named persons by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Curt R. Potts 8135 Fo�cberry Bay Savage, MN. 55378 Mr. James C. Erickson 3701 Abbott Avenue Minneapolis, MN. 55410 (which is the last known addresses of said persons) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 6th day�of'Wiay, ��9. Notary Public > OFFICE OF Tf� CITY ATTORNEY C!¢yton M. Robinson, Jr., City Attomey �� r �K CITY OF SAINT PAUL Nanrs Caleman, M¢yor May 26, 1999 Mr. Curt R. Potts 8135 Foxberry Bay Savage, Minnesota 55378 Civil Division 400 Ciry Ha!! Telephone: 65I 266-8710 ISWestKetloggBlvd Facsimile:651298-56l9 Saint Pau1, Mrnnesota 55102 NOTICE OF COUNCIL HEA,RING �o�llf�'' ,r�,cs2�'C�' �artt�r MAY 2 6 �959 Mr. James C. Erickson 3701 Abbott Avenue Minneapolis, Minnesota 55410 RE: Currency Exchange License Application of Curt R. Potts and James C. Erickson d/b/a Endeavor Financial, Inc. for the premises located at 577 University Ave. in St. Paul Our File Number: G99-0157 Deaz Mr. Potts and Mr. Erickson: Please take notice that a hearing on the report of the Administrative Law 3udge concerning the above-mentioned license application has been scheduled for 5:30 p.m., Wednesday, June 9, 1999, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written azgument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendafions of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, `✓�/�. v `.' ct-/- Virginia .<�r Assistant City Attorney cc: Nancy Anderson, Asslstant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Troy Gilbertson, LIEP Michael Samueison, Exec. Director, Thomas Dale/Dist. 7 Plazming Council, 689 N. Dale St., St. Paul, MN 55103 Johnny Howard, Exec. Director, Thomas Dale Block Clubs, 1034 Lafond Ave, St. Paui, MN 55104 �l�to\� NOTICE OF PUBUC HEARING Currency Exchange License Application ofi Endeavor Financial, inc. 577 University Avenue Saint Pauf, MN 55103 PLEASE TAKE NOTICE fhat testimony will be taken from interested persons, including those in the community, with respect to the application of Endeavor Financial, Inc. to operate a currency exchange by license issued under Minn. Stat. §53A.02. Minn. Stat. §53A.04 requires the approval or disapproval of the �icense application by the local governing body, after published notice and hearing, within 60 days after receipt of the appiication from the Commissioner of Commerce. ' The pubiic hearing has now been scheduled as follows: Date of Hearing Time Location Monday, May 24, 1999 9:30 a.m. St. Paul City Hall / Ramsey County Courthouse Room 40-A, Lower Level 15 West Kellogg Bivd. St. Paui, MN 55102 The hearing will be conducted by an administrative law judge from the Minnesota Office of Administrative Hearings, on behalf of the Council of the City of Saint Paul. Name Telephone George A. Beck O�ce of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, Minnesota 55401 341-7601 His or her report, and recommendation for action, will be forwarded to the Council for final action. if you have any questions, please call Virginia Paimer, Saint Paul City Attorney's Office 266-8710. � �� Endeavor Financial, Inc. — City's Exh. No. 3 — �S c�� AFPIDAVIT OF PUBLICATION �� NOTICE OF PITBLIC HEARING Cm�x�ency EYChange Litt�e Appllcatloa ofEndeavozFlnanciat, 7nc, S77IIniveisity Avenue , _ � �� Salnt Paul, bIN 55103 � PLEe1SE TAKE NOT[CE ihat trsri�nony w{ll be �talcui from'interested�e�sons tncludNg tliose in �the communtty. M[h respect tn the applicatlon of : Evdeavor F�nanctai, Inc. to opuate a c}urrncy ,exchange by llcense Issued under Minn. Stat. ;§53A.02. Mtnn. Stat §53A04 requlre5 the apPmvai oc � disaPProval o( Eae liar�se appllration by the local ;governing body, aCter publ[shed notice ,anA heanng. wlthin 60 days aCter recefpt �of thc appllcatlon from [he Commtssioner o( Commerce. - - - - � '� Thepubltchearinghasnowbeenscheduledas lollows: � . . . Date of Hearyug: Monday. May y¢. lg9g rime: s:90,.m. � Iacatloa: st. Pani city8a11jRamaey ConntyCovrthouae Room 40-A Lower LevN ' � . 35 West BeLogg Hdvd, - St. Pad, MN S$102 � The hearing w(II be conducted by an admtntstrative law judge from the Minnesota Oftice ofAdministcativc Hearings.on behal(otthe. Council oFthe CItyoFSafnt Paul. Name: GeorgeAHect O�ce ofAdminfatrative 8earings � 100 Wash�¢�on 5 4�0. Soke 1700 ' - Minneapolls.Miwesou55401 ! Telephonr. 343-7801 � . His or her report, and recommendauon for actlon. wil] be forwarded to ihe Council for finai ' action. � IC you have any questions, please ca❑ �' Vlrginia Palmec, Saynt Paul City Atiomey s O�ce 266-8?l0. . . - � � - lMayB) � � � . ' ==s== ST.�PAUL LEGAL LEDG� a.=v�m State of Minnesota, County of Runsey Patrick Bo¢lay, being duty swom, on oath says that he is the publisher of the newspaper lrnown as the St Paul I.egal Ledger and has fiill knowledge of the fac[s which aze stated U010W: (A) T'he newspaper has complied with all of the requirements constituting as a quatified legal newspaper, as provided by Minnesota Statute 331A02, 331A07, and other applicabie laws, as amended. (B) The printed Public Hearing which is attached was cut from the cohimns of said newspaper and was printed and published once; it was published on Saturday,the 8th day of May, 1999; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, wtuch is hereby aclmowledged as being the size and kutd of type used in the composition and publication of said notice: abcdefghijklmnopqrstuvwxyz � � � ,; � �� Z-��; � � ' t • n JAYDA MILLER Ci�.'� a `'.°'�s.'s� IdO7ARYPUBLIC-MtNiJ'cSOTA My Comm. Exp�res Jan. 37, 20Q0 ■ • Rate Infomialion (I) Lowes[ elass�ed rzte paid by corrimercial use[s for comparable space is SN/A (2) Manimum iate attowed by law for the above publicaUOn is $73.94. (3) Rate acwally charged forthe above publication is 567.22. Endeavor Financial, Inc. — �'itg- Exh. l��o. 4 — Subscribed and swom to before me this 8th day of May, 1999 �C,- b�S Chapter 381. Currency Exchanges Sec. 381.01. State license required; defmition. No person shall engage in the business of a currency exchange in Saint Paul without a license as provided by Minnesota Statutes Chapter 53A. (C.F. No. 94-46, § 2, 2-2-94) Sec. 381.02. Procedures; hearing; fee. (a) Procedures. Upon receipt of a completed application from the commissioner of commerce for either a new license or the renewal of an existing license, the matter shall be referred to the Office of License, Inspections and Environmental Protection for initiation of a hearing as required by state law within the period allowed for the response of the govem:ng , body. The heazing shall be for the purpose of taking testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located, as required by law, and upon grounds or issues as to which notice has been given in accordance with the requirements of sections 310.05 and 310.06 of the Legislarive Code. The said office shall publish and give notice as required by law. (b) Flearing. The hearing shall be held before an independent hearing examiner in conformity with the provisions of sections 310.05 and 310.06 of the Legislative Code, and the rules of the office of administrarive hearings, to the extent such rules aze not in conflict with sections 310.05 and 310.06. (c) Fee; costs. The applicant sha11 pay, within fifteen (15) days following receipt ofthe application by the city, a fee covering the costs of administering and processing the application in an amount to be established in conformity with the procedures in section 310.09(b) of the Legislative Code. The applicant shall also reimburse the city, within fifteen (15) days following action by the city council on the application, for its costs in conducting the hearing or hearings prescribed by state law, including publication costs and the cost of the administrative proceedin�s and heazing before an independent hearing examiner. (C.F. Na 94-46, § 3, 2-2-94) Sec. 381.03. Grounds for disapproval, etc. (a) Disapproval. The council may by resolution disapprove an application and, if so, shall state therein its reasons for so doing. It may adopt in whole or in part tl�e findings of fact and conclusions of law of the independent hearing examiner and may amend the same to conform to its decision on the record and the testimony. Notice of the disapproval may be communicated to the commissioner of commerce before the effective date of any such resolution wheze necessary to avoid a presumption of concurrence. �� o�S (b) Grounds for disapproval. Disapproval of an application may be based on one (1) or more of the following grounds, in addition to any other ground allowed by law: (1) Violation of any provision of the state currency exchange law contained in Chapter 53A. (2} Any one (1) or more of the reasons, conditions, or standards for adverse action under section 310.06 of the Legislative Code. (3) Failure of the applicant to pay the city fee and costs prescribed above. (4) (i) The location of a new currency exchange as proposed would cause significant adverse consequences or impacts upon the neighborhoods within three hundred (300} feet of the exchange. Such anticipated effecY must be shown by clear and convincing evidence. (ii) The existing currency exchange has caused significant adverse consequences or impacts upon the neighborhoods within three hundred (304) feet of the exchange. (5) Failure of the applicant to agree to reasonable conditions upon the operation of the business in accordance with the procedures in section 310.05 and the grounds of 310.06. Such condirions could include, but aze not limited to, hours of operation, off-street parking requirements, bonding in an amount greater than that required by state law, and annual audits at the licensee's expense. (6) The applicant is not of good moral chazacter and repute ancUor is unfic to operate such a business. (7) The applicant is not at least eighteen (18) yeazs of age. (8) The applicant is not the real parry in interest in the application. (9) The location of the business for which a new currency exchange license is sought is within one-half mile of an existing currency exchange licensed by the state. (10)) The applicant or its proposed business location does not comply with applicable zoning, building, fire and health codes. (c) Persons and corporations. If an applicant is a partnership, the application may be denied if there is a basis for denial as to any partner. If the applicant is a corporation, the appiication may be denied if there is a basis for denial as to any (i) shazeholder holding more than five (5) percent of the outstanding or issued stock of the corporation, or (ii) officer or director of the corporation, or (iii) employee of the enterprise having policy or management control over the enterprise. ��-e�S (C.F. No. 94-46, § 4, 2-2-94) Sec. 381.04. Defmitions. The following words and/or phrases shall have the following meaning when used in this chapter and in Chapter 310 of the Legislative Code. (a) Applicant. The term "appiicant" includes persons, partnerships, firms and corporations and all other forms of business ventures. It also includes employees who exercise management or policy control over the enterprise, general and limited partners, shazeholders of more than five (5) percent of the outstanding or issued shares of a corporation, and corporate managers, officers and directors. (b) Application. The term "application" includes applications for both new and renewal licenses. (c} License. The term "license" refers to the state currency exchange license provided for in Minnesota Statutes Section 53A.02. (d) Currency exchange. The term "currency exchange" is defined in Minnesota Statutes Section 53A.01, subdivision l. Currency exchange means any person, except a bank, trust company, savings bank, savings and loan association, credit union, or industrial loan and thrift company, engaged in the business.of cashing checks, drafts, money orders or travelers' checks for a fee. Currency exchange does not include a person who provides these services incidental to the person's primary business if the charge for cashing a check or draft does not exceed one dollar ($1.00) or one (1) percent of the value of the check or draft, whichever is greater. (C.F. No. 94-46, § 5, 2-2-94) oR��,��, Council File # � � �o � Green Sheet # � 7�Z� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented B� Referred To 2 WI�REAS, an aduiinistrative hearing was held before Administrative Law Judge 3 George Beck on May 24, 1999 on an applicarion for a currency exchange license by Endeavor 4 Financial, Inc. for the premises at 577 University Avenue, Saint Paul; and 6 7 9 10 11 12 13 14 15 16 17 18 19 WHEREAS, notice of said hearing was duly published and no interested persons appeazed at the hearing in opposition to the license application; and WHEREAS, the adminisirative law judge issued Findings of Fact, Conclusions and a recommendation on May 25, 1999 recommending issuance of the license; now, therefore be it RESOLVED, that the Findings of Fact, Conclusions and Recommendation of the Admuustrative Law Judge sha11 be adopted in its entirety and shall be attached and incorporated herein by reference; and be it FURTHER RESOLVED, that the currency exchange license application by Endeavor Financial, Inc. for the pzemises at 577 University Avenue, Saint Paul be and is hereby approved and said approval shall be forwazded to the Commissioner of Commerce of the State of Minnesota. � Reguested by Department of: Hy: Appz By: By: Form Approved by City Attorney BY: � I '�, ,,.,,r� -�.� v !_ � 1...-(f\ lJ Approved by Mayor for Submission to Council By: Adopted by Council: Date��4�,r\� l�� Adoption Certified by Counc' Se e ary\ �tG—(o � S DFPARTMEM/OFFICFJCOUNCIL DArEU�Rwrm c�t caun�� 6-30-99 GREEN SHEET No 63426 CONTACT PERSI7N 8 PFipJE InXh1lDab inM1YIWQa Jerry Blakey, 266-8610 , �.� Musr ee ota counica ncaea sr (on�l �ss�x July 7, 1999 �� u,v�T„xx�r a,vaEx¢ RWTING � iWY1CI41.fEM11CFS0n. AUII1CIRLaErtV/RCCTC ❑ MYd11�AE9mMR) ❑ - TOTAL # OF SIGNATURE PAGES (CL1P ALL LOCATIONS FORSIGNATURE) CTION RC-0UESTED Approving the currency license application by Endeavor Financial, Inc for the premises at 577 University Avenue and forwarding the approval to the Commissioner of Commerce of the State of Minnesota. RECOMM NDA ION Approve (A) w RejeCt (R) PERSONAL SERVICE CONTRACTS MUSTANSWER TNE FOLLOWING QUESiIONS: t. HasthispersoNfi�meverworkedundxacoMractforNisdepaAment? PLANNINGCOMMISSION YES NO CIBCOMMITTEE 2. Nastliispe�soNfirmeverheenacityemploYee? CIVIL SERVICE CAMMISSION YES No, � 3. Does this personlfrm possess a skill not normalrypossessed by eny curteM c@y employeel . YFS t� 4. Is thie pe�soMrtn a tarpeted vendoYl YES NO E��ain all yes answers on sepdiate 5heet and attach to preen sheet INITIATING PROBLEM ISSUE, OPPoRTUNITY (Who, What, W�en, Where, Why) ADVANTAGESIFAPPROVFD " �U�3t� �6:3��f��t �aeRE°r �,�,.. �J�U��0�19��; - . .. .� _��..� � _ � � _ DISADVAMAGESIFAPPROVED . ; . ..�. � _ ..' . . . � . . . ..' . -, .. _' ^.�' " _,; _ - .. . .. . . . , �,y � " _ , . _ o . ,. . ; .... .. ._ ...>. .. , , ,� � DISADVANTAGESIFNOTAPPROVED - ,., - . ,� TOTAL AN70UNT OF TRANBACTION�f � �` - � . . � � ' - ' � ' C08T/REVENt1E BUDGETED (CIRCLE bN� �' . � YES " ' Nb FUNOING SOURCE ACTNITY NUMBER FlWINCIALINFORMA210N{DWLAIN)_ , - . . � _ . . - ' _ " " � " " ".. . . _ " �i� � S SAtNS PAUL � AAAA Interdepartmental Memorandum CITY OF SAINT PAUL �Ol��'r" �gS�'��`t �as;�CaP DATE: TO: FROM: RE: Nancy: June 23, 1999 Nancy Anderson Assistant Council Secretary 310 City Hall Peter Pangborn Legal Assistant 400 City Hall Consent Agenda - July 7, 1999 Endeavor Financial, Inc. .,�� Attached is the resolution identifying the council�s adoption of the ALJ's Findings of Fact, Conclusions and Recommendation with regards to the Currency Exchange license application for Endeavor Financial, Inc.. Please schedule this matter for the Consent Agenda for the council hearing on Wednesday, July 7, 1999. Thanks. Since ,, Peter P. Pang rn May 25, 1999 STATE OF MINI�3ESOTA OFFICE QF AAMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 Fred Owusu City Clerk 170 City Hall 15 W. Keliogg Blvd. St. Paui, Minnesota 551d2 RECEtVED ��'� �py 2 g 1999 MAY � 7 1999 ��-�� LERK �IT� ATTORNEY �i�-�Cy15 �q RE: In the Matter of the Currency Exchange License Application of Endeavor Financial, Inc., 577 University Avenue, St. Paul, Minnesota; OAH Docket No. 1-21 1 1-1 221 1-3. Dear Mr. Owusu: Enc{osed and served upon you is the Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge in the above-entitied matter. Also enclosed is the official record and we are now closing our file. Sincerely, % �//!O �//!� _----- GAS:Ic Enclosure cc: Joei Frankiin Curtis R. Potts ��SO /CI Ti� �-- �D�1z°.� �P�d�.n�� { f/Lrf- £��. U �/� -• ti�LnK � f I � � ��°� �;��?�' , � �� `�� Prowdmg �moar!ia1 Heanngs for Government and Gi�zens An Equa Opp ortunrty Employer Admi�istat�i�> Law Sec!�o� &�dm�rn_r,-atroe Se.v�ces (c"2` 3�"-�500 � TD+7 Nc �612) 3t�-�3aE + Fax No l6"12! 3a5-2665 ��,-�� 5 STATE OF MINNESOTA) ) ss COUN�Y OF HENNEP{N} AFFIDAVIT OF SERVICE BY U.S. MAIL Louise C. Cooper, being first dufy sworn, hereby deposes and says that on the 25 day of Mav, 1999, at the City of Minneapolis, county and state aforementioned, she served the attached FINDINGS OF FACT CONCLUSIONS AND RECOMMENDATION: OAH Docket No. 1-2111-12211-3 by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid and addressed fo the individuals named herein. Fred Owusu City Clerk 170 City Half 15 W. Ke{{ogg 81vd. St. Paul, MN 55102 Curtis R. Potts 8135 Foxberry Bay Savage, MN 55378 Joel Frankiin Assistant City Attorney City of St. Paul 400 City Hafl and Ramsey County Courthouse 15 West Kellogg Bivd. St. Pau�, MN 55102 �tie_,_._—__. �, �ca�v�c2 Louise C. Cooper Subscribed and sworn to before me this 25th day of May 1999. 4.0 e ' / E'� tl--,-� Nofary Public / �,.-< LAVONREGAN ' y� -s,'�° N4TARYPUBLiC—Mi;;*JE50?A � ?#'?� HENNEPIN CCUN-Y � idy Comm. Epir¢s Jan 's�. �C:q , . 3. �i�—to � S 1-2111-12211-3 STATE QF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR TNE ClTY COUNC4L OF THE ClTY O� ST, PAU� In the Matter of the Currency Exchange License Application of Endeavor Financial, 1nc. 577 University Avenue St. Pau1, Minnesota FINDINCS OF FACT, CONCLUSIONS AND RECOMMENDATtON The abave-entitied matter came on for hearing before Administrative Law Judge George A. Beck on May 24, 1999, in Room 40-A, St. Paul City Hall and Ramsey County Courthouse, 15 West KeAogg Soulevard, St. Paul, Minnesota 55102. The record closed at the conclusion of the schedu4ed hearing. Joel Frank{in, Assistant City Attomey, City af St. Paul, 400 City Ha41 and ftamsey County Courthouse, 15 West Ke{logg Boulevasd, St. Paul, Minnesota 55102, appeared on beha{f of the City of St. Paul. Curtis R. Potts appeared on behaff of Endeavor Financial, Inc. NOTICE This Report is a recommendation, not a finai decision. The Council of the City of St. Paul will make the fina! decision after a review of the record which may adopt, reject or madiiy the Findings of Fact, Conclusions and Recommendations contained hese+n. Pursuant to St. Pau4 Leg+siative Code Section 310.05 (o-1), the finai decision of the City Councii shall not be made until this Report has been made availab{e to the parties fo the proceeding and the applicant has been provided an opportunity to present oral or written arguments alleging error on the part of the Administrative Law Sudge in the appVication of the {aw or fhe interpretation of the facts and an opportunity to present argument re{ated to any recommended adverse action. The applicant shou{d contact the Councii of the City of St. Pau1, 310 City Hai{, St. Paul, Minnesota 55102, to ascertain the procedure for presenting argument. STATEMENT OF iSSUE Shouid this applicafion for a cur�ency exchange license, under Minn. Stat. Chapter 53A, be approved by the Council of the Cifi� of St. Paul, after published notice and hearing? ti. �'l�i �e � � Based upon all of the proceedings herein, the Administrative Law Judge makes the following: FlNDINGS OF FACT 1. The Notice of Public Hearing in this matter was served by the City of St. Paul on the Applicant on May 6, 1999, by mail.' 2. In accordance with Minn. Stat. § 53A.04 and Chapter 381 of the S#. Paul Legisfative Code, the City Attorney's Office notified interested persons of the public hearing, scheduled for May 24, 1999, by publication on May 8, 1999, and by letter on May 6, 1999? 3. Curt Potts, the applicant, Joel Franklin, the Assistant City Attorney, and a representative of the City of St. Paul Office of License, Inspections and Environmental Protection appeared at the scheduled pubiic hearing. No testimony was taken. The hearing was scheduled to begin at 930 a.m. After waiting until 9:45 a.m. for possible appearance by members of the public, the undersigned, the appiicant, and Mr. Franklin concurred that there was no need to take testimony or to othenvise proceed with a formal hearing. Mr. Franklin submitted the City's exhibits. It was indicated that no interested persons had contacted the City after the issuance of the Notice of Public Hearing and that the application was in order. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Councii of the City of St. Paui and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and the St. Paul Legislative Code §§ 381.02, 310.05 and 310.06. 2. The City of St. Paul has fulfilled ail relevant substantive and procedural requirements of the law and rule. 3. The City of St. Paul has given proper notice of the hearing in this matter including proper notice in accordance with the requirements set forth in Minn. Stat. Chapter 53A and Chapter 381 of the Legislative Code of the City of St. Paul. 4. The applicant has fully compiied with the application requirements specified by law. ' Ex. 2. ' Exs. 3, 4. ' Ex. 4. � �t�t— c � 5 5. No member of the public have opposed the application for licensure Based upon the foregoing Conciusions, the Administrative Law Judge makes the following: RECOMMENDATfON IT IS HEREBY RESPECTFULLY RECOMMENDED that the Councii of the City af St. Paul appcove the currency exchange license application of Endeavor Financial, Inc. Dated this 25 day of May 1999. �� GEORGE A. K Administrative Law Judge NOTICE Pursiaant to Minn. Stat. § 53A.04, the Council of the City of St. Paul is required to forward its approval or disapproval of the license application to the Commissioner of Commerce of the State of Minnesota for the Commissioner's approval or disapproval. If the application is denied, the Commissioner shall mail notice of the denial and the reason therefore to the applicant. The applicant upon denial may request a further hearing as provided for in Minn. Stat. § 53A.04(b). �� —c� i 5 OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL IN RE THE MATTER OF THE LICENSE APPLICATION OF ENDEAVOR FINANCIAL, INC. 577 UNIVERSITY AVENUE SAINT PAUL, MINNESOTA 55103 CITY'S PROPOSED EXHIBITS MAY 24, 1999 TO: Judge George A. Beck, Administrative Law Judge, Office of Administrative Heacings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401- 2138 The foliowing constitutes a list of the Ciry's proposed exhibits for the Administrative Hearing on May 24, 1999. Exhibit No. Description Exh. No. 1 Currency Exchange License Application material from the State of Minnesota, Department of Commerce (14 pp.); Exh. No. 2 Notice of Pubiic Nearing letter dated May 6, 1999, with Affidavit of Seivice (3 pp.); Exh. No. 3 Notice of Public Hearing for pubiication (1 p.); Exh. No. 4 Publication notice and Affidavit of Pubiicafion for Saturday, May 8, 1999 (1 p.). ��--c� t � Also attached please firrd caurtesy copies of applicabie State of Minnesota- statutes and St. Paul City ordinances: St. Paul Legislative Code Chapter 381 Minnesota Statute Chapter 53A Respectful{y submitted this 24�' day of May, 1999. � � �,-../� . el Franklin Assistant City Attorney Office of the City Attorney 400 City Hall 15, West Keliogg Boulevard Saint Pau4, Minnesota 551fl2 (612)266-8719 � JEPARTMENT OF COMMERCE t33 EAST SEVENTH STREET ST. PAUL. MINNESOTA 55101 (651} 296-6319 '��`�� ,,.;..,... �: � �� -�� -;. CURRENCY EXCHANGE �b15 ` at� (For Department Use Oniy) , °f h lio � F�c� � ,a. a,..,.... i s��„}� 99 F �� 2 f999 Oe� �EB 23 i999 ��=� The data which you furnish on this form wiil be used by the Departmeni of Commerce to assess your qualificatians for a Iicense. Disclosure of your social security number is voluntary. You are not legally required to provide this data, however, if you do not provide your social security number the Deparemen! of Commerce may be unable to grant a license. The Department may �se sociai security numbers for revenue recapture as authorized by Minnesota Statutes, Chapter 270A and for idertification purposes. After issuance of a license, aii information contained in this appticat�on, except your social security number, is public pursuant to Minnesota Statutes, Chapter 13. A. TYPE OF LICENSE O NEW O RENEW O AMENDED NAME B. APPUCANT tNFORMATlON O O LIMITED LIABiLITY � PARTNERSHIP Have you, a� of the owners, partners, officers, directors or shareholders owning more than 10% of the corporate stock, or any employee with the authority to exercise managemertt ar policy controf over the company ever. YES � a 1. Held a currency exchange ficense in any othar siate other than Minnesota? If YES, the new license application must include a verification of license certified by the state(s); all other applicants must verify that the certification(s) previousiy submitted is accurate. O � 2 Been the subject of any fnquiry or investigation by any division of the Minnesota Commerce Department? � REV 7ig8 3. Had any occupat'sonal license censured, suspended, revoked, cancelled, terminated or been the subject of any type of administrative act�on in any state including Minnesota? (OVER) � Endeavor Financial, Inc. �� Citc�'. F,xh.'Vn. 4 — ALL applicants must answer the following questions. If any questions are answered "YES'; you must attach a detailed written explanation and a!1 iegal documentation, if applicable. STATE OF MifyNESQtp.,.� � � ,eeptn H�nee BOND NUMBER: ��,--co� 5 RED1055571 �R 2 6 �CYlRRENCY EXCHANGE SURE7Y BOND p�t pf COmn�esc KNOW ALL PERSONS BY 7riE5E PRESENTS: That (Name ot Currency Exchange) y M2NNESOTA CORPORATION or form of with business oKce at 577 i as PRINCIPAL and (Name ot Surety) a corporation duly o�ganized unde�'he lav+s olthe StatP c•_ rOWa whicim is authorized to engage in the business of insurance in the State of Minnesota, as SURETY, are hereby held and firmiy bound to the Department of Commerce af the State of Minnesota in the sum af TEN THOUSANp DOLLARS (510,000). Principal and Surety here6y hind the••;�e�:.== .;;�,; reoresen+2�tv=�, su_cestc � anC �s>i ns, �o:ati . y 1 y an� severally by .he�_ a;gsar„s. The parties further agree that: 1. The purpose of this obfigation, which is required by Minnesota Statutes, Secfion 53A�8, is io secure the compiiance by Principa{ witfi the terms of Minnesota Sfatutes, Section 53A02 to 53.�13, and arty other legal obligations arising out of the Principal's conduct as a currency exchange. 2. This bond is for the benefrt of the State of Minnesota and all persons suttering damages by teason of the Principa!'s failure to comply with Minnesota Statutes, Sedion 53A.02 to 53A08, or other legal obligations arising out of Principai's condud as a currency exchange. 3. !f the Principal shali vioiate Minnesota Statutes, Secfion 53A02 to 53A08, or ottier legal obligations arising out of its condud as a currency exchange, the Commissioner of Commerce, as weil as any person damaged as a resuit ot such violation shaii have, in addition to all other legal remedies, a right of action on this bond in the name of tha injured party for loss sustained by the inju�ed parYy. 4. This bond shall be effective from FEBRUARY 19, 1999 until December 31, 19 99. Sigred and Ses!ed this 19T Aday ot FEBR6ARY 199 uFnr. r•nMnAn�v ENDEAVOR FINANCIAL ZNC tName of oyrety, (Name of i ency Ex ng ) —' °/:� ��l�� By. �� . . ?S�gna:u:�: o�Attorney adr (Si ature oi resid nt, Partner, or Sole Proprietor) ='7!�:"•,-^�A L. SHINDER, ATTQRNEY–IN–rACT as by SIGNATURE DATE state aev. s�ss (OVER) INSTRIJCTIONS: f 'l� � - - - - �-- " . � - 7. Th�s side is fo be completed by a nofary public tor baYh the Pnncipal and the Surety. 2. ?leasa atiach the Power ot AKorney and Certified Capy of the Corparate Resotufian tor the Surety listed herein. e ACKNOWLEDGMENT OF INOIVIDUA� � STA ; � OF COUNTY OF ) ) ss. ) ACtCNOWLEDGMENT OF PRINCIPAL On this day of . 199_, before me personally appeared form, who acknowledged ihat this bond was executed for the purposes contai�ned tlual whose name is subscribed on this bono [Notary Seal] Notary Pubiic ............................................................. ACKNC:"::.ECG?��":T Oc o. ��f STA7E OF COUNTY OF ) ) �_. ) qi:KNOVrLFRGhRENT UF PRINC7PAt, On this day of 199 before me personally appeared subscribed on this bond form, wno acknowledged to me that th s o d exe ut d behalf the p for the purposes therein contained. (Notary Seal) Nofary Public . • • • • • r • • � • ♦ • • • • • • • . . • ♦ e • • • • . • • • � • ♦ . • ♦ • s . • . • s • • • • • s • • • • . s . s • ;/��i--F?,�ItED(iMF.N7' pF CORPOf�p;{ON � ) .. . ..,a c, .r_ ._ _ STATe OF _ !�I YL� � n-t � � . �� COUNTY O � S5 � ACKNOWLEDGMENT OF PRINCIPAL ) �� On this day of _ �('�� 9g ?� before me personalty appeared C� ri� � who acknowledged that he or she is the -rn°^�°� of a corporation wn.��o „�.,, is subscribed on this bond for and that, as a corporate n�c_>r, h•e or sfie �s 2uthorized to execute the bond for the purposes therein contained t��fYfN��M��vh'�'WIW �� >.:r T��.i±Y L. F�=! L!.1AN E " Q'}L�-^^J f^lotary SPa!] ; i�� n�r vua��c u� �' N a u ic ��u�rn--j �r.i�� Y" . . ' " " . "�:,...; Y . . 1 vTV ♦ Yi' tY F, . . . .� �:. � �,�. .;., Lzcr:s ;aq3!_o � . . . . . . . . . . . . . . . . . . . .: . . . . . . . . pr EDGMENT O� SURETY •��---' . .�. ..s,.. H+rs.,.e.,,....r... ..+l+�0� � STATE OF MINNESOTA ) HENNEPIN ) ss. COUNTY pF � On this 19TH day o( FEBRUARY ACKNOWLEDGMENT OF SURETY . 199 9 before me personaily appeared who acknowledged that he or she is the attorney in fact who is author¢ed to sign on behalf of �DLAND INSURANCE COMPANY AN ZOwA (surety company), , corporation, on behalf of the corporation. (s;afe or piace of corporation} � !Notary Seal� I�'� �'\ � � , • �� Notary Public � yiCHOLAS a� + IYNN ^r�. � ��.�;i��f1 �y0'AfiY?��;C N��5 it��+� V .� ��-isrc^ Exprtas Jar 31, 2C.^� . � "`-� "� ...............'i"".."..�^""'.." "'' �� .�.�. v ..� '. . .��_�.• l . � , •_. " REDLAND INSURANCE COMPAl�T ' POWER OF ATTORNEY i -s+ + - � � i ;;;3 � _ � .' _ if 1 }a:_1. 's'; .I ��j : . ,. .� ; r� _�� . �S � y � w S _ . ��rf� 1i.hT��4.�.� G¢ - ..-.. � � �.� ��ai '_ . ��,.+-.�� - Y --- --- � �- RED 1055571 �';_. I4�lOW ALL ;v1EN BY TI-IESE PRESENTS, TFUT REDLAND IIVSURANCE COMPANY does haeby make, constitire and appoint TAMqRA L. SHINDEA * THOMAS H. FAIRFlELD OF MINNEAPOLIS, MN its true and )aw(ul Attomey-in-Fac[, ro make, execute and deliver on its behalf Suretv bonds, under[akings and other inshumenCS of similar nature as Collows: ALL WRITTEN INSTRUMENTS IN AN A�IOUNT NOT TO EXCF.ED �1000,000 2his Power of Attomey vs gran[ed and sealed under and by the authoricy of the following Rcsolution adopted by the Board of Directars oE the Company on the 18th day of October, 1993. 'RESOLVED, thac the Chairman of the Board, the President, an Executive Vice President or a Vice Presidmt be, and that each of them is, auihorized to �cecvte Powas of Attomey qualifying the Attorney-ln-Fact named in the given Power of Attomey ro ezecute in behalf of the Company, bond5, undertaMngs and other instnunenfs of similar natvre, and said officeis may rename any such Attomey-in-Fact or agent and revoke any Power of Atromey previously granted to such person. FURTHER RESOLVED, that an Assistant Secretary be, and tha[ each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the xal of the Company. FURTHER AESOL VED, that the signatures oF svch officers and the seal of the Gompany may be affixed to any such Power of Attomey or to any certincate relating thereto by facsunile, and any such Power of Attomey or cerdfic3te bearing sudi facsimile si�atures or iacsimile sea] sha1l be b�nding upOn Ne Company when so affixed and in the future with respec[ to any bond, undertaking or inctruments of similar nature to wttich �t u attached.'" IN WITNESS WHEREOF, REDLAND INSURANCE COMPANY has caused its offiaal sea! to be hereunto affixed, and these presents to be signed by rts pres�dent t}us ISth day of October, 1953 Attest: � `t;; �'��--e'�/r,��/✓5�� _.` -a'` � '. � �°{ � � PETER A. KNOLLA .� . _ _ Seaetaty ' SfATE OF IOWA 1 � s.s.: COUN7Y OF POTTAWATTAMIE j R'cDLAND INSURn NCE COMPANY By { JOHN Y. NELSON President Counci] Bluffs ,+_,. � ;-:;: o, On ttils 18th day of October, 1993 before me personally came John P Netson, to me known, who being by me duly swom, did . {� � depose and say that he �s president of REDLANL? tNSURANCE COMPANY the mrporation descnbed in and which execvted tSie above in5tzumenL that he knows the seal of the said corporation, tha[ the seal affixed to the sa�d instrument is such corporate seal; that it was so affixed by order of the Board of �ectors of said corporahon and that he s�gned his name thaeto by tike order. . >`�� .lEANEnEALDREDGE ��-C(.� t�a y� MY WMMISSICN eX?IRES JEANE'ITE.ALDAEDGE �c.� aiS99 NOTARY PUBLIC � My Comm�ssion Expires March 15, 1999 1, ihe underngied, Vice President ot KEDIAND INSURqNCE CO!�IPANY an lowa corporaaoq DO HEREBY CERTIfY that the foregofng and atta<hed Power of Attomev remairvu in fvll for<e and has not been revokcd; and iurthermore that the Resolution of th_ Board of D�re<rors, set forth in the said Power of Attorney, is now �n force. _ � Sigied and sealed at the Gty of Councii Bluffs, m the State of Iowa, dated the 19TH day of FEBRUARY , 1999 . ENDEAVOR FINANCIAL, INC � � ROGER D. STORDAHL Semor Vi<e President iitiS UqC i.17F:A"i iS tiOT VALID l;itiLESS PRIATED U� C;REti `H:AI�hL B�l kC,ROI.�D R9TlLA RED SI'.AI.AL At,�IBF.R IN "�HF. _ ::PPER RIGIIT (IAVD CORV�PR THE [3:1(R OF TlIIS UtJCI AIFV' CUV1 ;;�:5 1A .ARTIP�CGVL �4"4TFR�IARfi-IIOLD A7 A`� _. AV(iL"�qblf:�1_iFYO["fiA�'L,Av1QC6SllqhS(t)Al'FRtiIA(�T11i A:IliLtil(CI"I�SOFTHISDQCI.�it:�'f.AUl.ARI:I,R<iEU � _ TOCOA'1ACTOCRPO�VFRqF4T?r)(2�'E!'<�LSTODIA'�4�I-.+ou-,r,_-;,�, ;'�E+, ioi ro� :;ax .3;�- �. -='--_ --- _-------- _ . �...r .•. ._d.^�`e� . -.. ,.. � �..li! �V.'..�L s�` . y '�� t''=`" -��. ,.- , ,. :' �- ..'/. _ r ._ __ .. _ _ _ _` .... _ �__ , `ti•''�s'r`-�_ "w�^^'_-r-�. _---• � " : =;• � � v � .� : �""' - - " - - , � ��._�� .� ': `QP O q '',` O 9 .� v .•.. m .SEAL: �OSi17-A9 WED 11:55 F.�1S 8512:26828 HO£�� & RRAUSE : , :� ,r � / ARTZCLES O£ INCORPORATION OF ENDEAVQR FINANCIAL, INC. ci�t-b� S � 002 � i�z�i The undersigned, for the purpose of forming a corporation � under and pursuant to the provisions oL Minnesota Revised Statutes, Chapter 302A, and lacrs amendatory thereof and supplementary thereto, does hereby adopt the following Articles of Incox'pozation: ARTICLE I pjAMF The name oE this corporation shall be Endeavo= Financidl, In�, ARTICLE II REGISTERED OFFICE f� The registered office of this corporation in the State of ;/ Minnesota shall be 8135 Foxberry Bay, Savage, Mi�i 553�8 ARTICLE III SHARES OF STOCR The total authorized shares of this corporation shall be� Twenty-five Thousand (25,Oo�} with no gar value Which sha11 be known as common stoek. ARTICLE IV INCORPORATOR The name and post office address of tha incorporator is: Name Curt R. ?otts Address 8135 Foxberry Bay Savag�, MN 55378 IN WZ2'NESS WH"REOF, the anove-named incorporator as executad th�e5a, Article"s of Zncorposation as of this �ay of ,19� INCO ORAT�� / STATE OF �� C�. potts ��irr�wr a si�n �� f EB A 1 �9?� ,. '�...�� " � ai �w � Q � 44o�� S Affiliation to other Currency Exchange Curt Potts- 1. President of Landmark Financiai- 942 Payne Ave. St. Paul, Mn 55101 2. l�wner of Younge, Potts, Wiezer and Company- 7620 Lyndale Ave. Richfield, Mn 55423 James C. Ericicson- Owner of Community Financial Mall of America 2. Owner of Community Financial Calhoun Square �� 5 Notarized 112 Mile Distxnce from another Currency Exchange I, Curt Potts, partner of Endeavor Financial Inc. am stating that this proposed location is more than lJ2 mile from the nearest currency exchange. % �� i � Curt Potts ` Notary a.^ct� a. �; =:»�c - : r� - - �::`,;.:ScY CC WTY ��-c�� S List of Owners James C. Erickson-12-30-43—Pariner 3701 Abbott Ave Mpls., MN 55410 478-54-6464 Curt R. Potts-12-31-b9—Partner 8135 Foxberry Bay Savage, MN 55378 475-IS-4981 �t� � � � BTAT£ OF MINNggpTA DEPARTMSNT OF PUBLZC SAFETY HUREAU OF CRZMZNAL AppggFIg@TSION CRZA3ZNAI+ JLTSTICE INFORMATION SYSTEM SECTION 1246 UNIVERSITY AVE, ST PAUL, MN 55104 - 4197 (651) 542-0670 TTY (651) 282-6555 Date; 101598 Name: ERICKSON, JAMES C DOB: 123043 SEQ #: 1576 This letter certifiea that a aearch has been made of the criminal hiatory files maintained in Minneaota by the Department of Public Safety, Bureau of Criminal Appreheneion. The search was perfoz�ned by Nar�e and Date of Birth. The reault of this search indicates that no reccrd was found based on the above aearch criteria. Thia doea not preclude the poasible existence of additional information located at county or city levels. If you have queations about thie record please contaat the telephone number above_ � �� (� � S STATE OF MINNESOTA DEPARTMEN?' QF PUBLIC SAFETY BUREAU OF CRIMINAL APPREHENSION CRIMINAL JUSTICE INFORMATION SYSTEM SECTION 1246 UNIVERSITY A�7E, ST PAUL, MN 55104 - 4197 (651) 642-0670 TTY (651) 282-6555 Date: 020899 Name: POTTS, CURT R DOB: 123169 SEQ #: 1484 This letter certifies that a search has been made of the criminal history files maintained in Minnesota by the Department of Public Safety, Bureau of Criminal Apprehension. The search was performed by Name and Date of Birth. The result of this search indicates that no record was four.d based on the above search criteria. This does not preclude the possible existence of additional information located at county or city levels. If you have questions about this record please contacC the telephone number above. �� S Work Experience Curt Potts- I, have worked for Landmark Financial since 5-92. Since 8-88 I have been a student at Oral Roberts University. James Erickson- I, have worked for Larkin, Hoffman, Daly and Lindgren from 1973 to 1997. From t997 to present I have owned Community Financial. �rt--�e�5 § �3•09 ItiDliSTRI4L LO.�N i\D TI-IFtIFT C014PA\IES =afes, and caulu of all these persons. The commissioner and all persons duly designated may require the attendance of and e�amine, under oath, all persons �rhose testimonp the commissioner mag reyuire relative to the loans or business or to the subjeet matter of an esamination, im-estigation, or heazing. lipon �3ritten agreement w�th the companr, the commis;ioner may eonduct examinations app]}�ng the procedmes for purposes of subdi�ision I, and section �6,0.}, subdivision 1, to facilitate the qualifieations of the company to paz-ticipate in the linited States Small Business ddminisn•ation loan guaizntee or similar programs. Each licensee shall pay to the commissioner the amount requu•ed under section A6.131, and the commissioner may maintain an action for the recocer�- of the costs in a coui2 of competent jurisdiction. Subd. 3. Penalties. The penalties for violation of this chapter, or for any Kn•ongdoing in connection there�� shai] be the same u those applied to state banks under the laws of this state. In addition to being subject to the penalties in section 4825, a company in violation of section o3A5, clause (2), may eure this ��olation in the manner provided in section 4825. Subd. 4. Interpretive opinions. The commissioner may honor requests from interested parties for interpretine opinions in eonneetion .iith the administration of this chapter. No ormision of this chapter or of any other ehapter to H�hich this enapter refers which imposes am� penalty shall apply to any act dove or not done in confo�Tnity� with any ��ritten interpretiee opinion of the commissioner, nornzthstanding Uiat such �n�itten interpretive oninion may, after such act or mnission. be amended or rescinded oi• be determined by judicial or other authority to be im�alid for any reason. ,lmended by Laics 1939, c. 166, § 24; Latrs 199?, c. 557, art. 1, § 21; Laws 1993, c. 25i, § 35, ef£ A1ay 30. 1993; Laws 1995, c. 202, art. 1, §§ 16 to 18, eff. May 25, 1995; Laws 1996, c. 414, art. 1, F?S, eff. .�pri13, 1996; Lans 199i, c. 15'r, § 4�, eff. llay 17, 1997. Aistorical and Statutory Notes 19$9 Legislation The 1959 amendment provided tliat in addition to being subject to penalties in § 4828, a company �iolating § 63.05, cl. (2) may eure the 4iolafion as procided in § 4828. 1892 Legislation The 1992 amendmenY, in subd, 2, cl. (1), deleted a requirement that the report be published once. at the ei of the indust�•ial loan and thrift eompany, in a neu5paper of the county of its location, K�th proof filed with the commissioner of commerce. 1993 Legislation The 1993 amendmenc added subd. 9, relating to intetpretive opinions. 1995 Legisiation The 1995 amen<knent, in subd. 1, pravided that the e.�aminations n�ere to be conducted for ffie purposes set forth in § 96.04, subd. 1, and spec�ed that thi subdi�ision applied to industrial loan and thrift companies "�5�th the right to issue thrift certiticates for investment"; in subd. 2, cL (1), changed the reQorting date from "before the first day of Febrvary" to "before the first dac ot ➢4az�ch"; and added subd. 2a, allowing the commis- sioner to investigace whether the licensee �s com- plyring with this chapter. 1996 Legislation The 19JG amendment, in subd. 2, cl. (2), deleted a provision requiring each indush�ial loan and thrift company to make the publieation required of state banks pursuant to � 4S.4S. 199i Legislation Laa-s 1997, c. 157, § 46, in subd. 2a, authorized the commissioner, upon aTitten agreement ��ith the company, to conduct examinations apph�ng the procedures for puiposes of subd. I, and §�G41, subd. 1, to facilitate ihe qualifications of the com- pany to participate in the U.S. Small Business Admuustration loan guarantee or simi7az pro- gratns. Chapter 53A CliRRENCy E1CH.4NGES Section Section ai9.OL Defimtions. Si�..05. Chaage of name, o« or locatiun. a?AO°_. Lieease. 639.OG. Fine, suspension, ur reeocation of li- a3A.03. 9oplication for license; fee=, cense. a?A.C�-4. .'�ppro�'al or denial of an apnlicat�on. 53d.07. Filing of fees; unreasonab7e fees. �j9d CURRENCY E%CHAi�'GES q� c��5 § 53A.02 Secfion Section b3A08. Bond. 53A10. ��solations. a340S1. Annual report and investigations. a3A11. BooYs of account; annual report- n3A.09. Powers; limitations; prohibitions. ��-L. Rules. a?A13. Fee notice: faise adrertising; penalty. 53A19. Repealed. WESTLAR Electronic Reseazch See WESTLAW Etech�onic Research Guide fol- loning the Prefaee. o3A.01. Aefinitions Subdi�ision 1. Currency exchange. "Currency exchange" means any person, except a bank, trust company, savings bank, savings associarion, credit union, or indust�iat loan and tluift company, engaged in the business of cashing checks, drafts, money orders, or travelers' checks for a fee. "Czureney exchange" does not inelude a person who provides these services incidental to the person's primary business if the chaz•ge for cashing a check or draft does not esceed $1 or one percent of the value of the cheek or draR, whichever is greater. Subd. 2. Commissioner. "Commissioner" means the commissioner of commerce. Laws 1959, c. 247. § 1. Amended by Lan�s 1995, e 20?, art. 1, � 25, eff. May 25, 1995. Aistorical and Statutory� \otes 1989 Legislation . Laws 19B9, c. 247, § 16, provides that this sec- ¢on is effeCtive August 1, 1959. Existing cun�ency e�hanges must submit applications in compliance aith this chapter by Oetober 1, 1989. No curreney axchange shall operate «ithout a license aher De- cember 31, 1989. 1995 Legislation La�cs 1996, c. 202, art. 1, § 2S, insu�ucted the revisor of statutes to change "building and loan assceiation" or "savings, building and loan assoeia- tion" or "sa�ings and loan assoeiatiod' or similar term tA "savings association" or similaz term in Minnesota Statutes and Minnesota Rules. 53A.02. License Subdivision 1. Requirement. A person may not engage in the business of a currency exchange without first obtaining a license from the commissioner. Not more than one place of business may be operated under the same license, but the eommissioner may issue more than one license to the same licensee upon cAmplianee by the applieant �r�th a11 the provisions of this chapter for each new license issued. Subd. 2. Distance limitation. No license may be issued or renewed under this chapter �f the place of business to be operated under the lieense is located or proposed to be located within one-half mile of another licensed currency eacchange. The distance limitation imposed by this subdivision is measured by a straight line from the closest points of the closest structures incolved. Subd. 3. Prohibition. A licensee may not contract with ano±her person or business entity to manage the curreney exchange business. This subdi�ision does not prohibit [he licensee from employing peisons to operate a curreney e�change facility. Laws 1989, c.24i, §?. Amended by Laws 1992, c. 504. $ 2. Historical and Statutorp Notes 1939 Legislation Laus 1989, c. ?47, § 16, prorides that this sec- pon is effeclive dugust 1, 1989. E�isting currency eschanges must submit applications in compliance �+,i[h this ehapter by October 1, 1989. No currencc eschange shall operate «ithout a lieense afcer De- c�ember 31, 1989. 1993 Legi>lation The 199? amendment re«rote this sec[ion, which hari read: "A pe:son ma}' not engage in Che business oi a cm7enc}' eschange �rithcut fvst oAaini�g a licerue from the commissioner. � Pe+son mar opera[e cunene}� esehanges at more than one location «ith one license." 32a S� c� � s S� �iai.02 CtiRRE?�'CT E.l'CH�\GES Lz�:; 159?, e. 502, § 9, prorides in pzrt that § 3 diat begin opeiating on or after the effee[i��e date. u efi<cti� Aqtil 'a. 1552, ti�a: 9 2. >u�ds. 2 and 3, and ihat fi?, subd. 1, applies to licenses i. or appl; ;p licen<es issued for ne«' places of busine:s rene« on or af[er that date. 53A.G3. Application for license; fees (a� �n application for a license must be in nliting, under oath, and in the forrn preceribed and ,"urni;hed by the commi�sioner and muet contain the fullo�ring: (1� ihe full name and address (both of residence and place of business) of the applicant, and ff the applicant is a partnership or association, of e�•ery member, and the name and business address if the appiicant is a co3•poi•ation; (2� the county and municipalitc, edth street and number, if any, of all cun•ency exchange loeacions operated by the applicant: and (3) the applieant's occ�pation or profession, for the ten years immediately preceding the application; pi•esent or precious connectlon �rith any other cuirency exehange in this or any other state; �chether Che applicant has erer been comzcted of any crime; and the nature of the applicant's oceupaney of the pi•emises w be lieensed; and if the applicant is a partnership or a corporation, the information specified in this paragraph must be supplied for each partner and each" officei' and director of tl�e coiporation. If the applicant is a paitnership or a nonpubiicly held corgoration, the :nformation ;pecified in this para�•aph must Ue required of each partner and each officer, d'u�ector, and scoekholders o�rning in e�eess of ten percent of the corporate stock of the eorporztion. (b) The application shall be accompanied by a nonrefundable fee of $250 for the re�iew of the initial application. Upon approva] by the eommissioner, an additional license fee of $50 must be paid by the applicant as an annual ]icense fee for the remainder of the calendaz year. An annual license fee of �50 is due for each subsequent calendar year of operation upon submission of a license renewal a�plieation on or before September 1. Fees must be deposited in the state trea�ury and credited to the general fund. Upon payment of the reqvired annual license fee, the commissioner shail issue a lieense for the year beginning January 1. (c) The commissioner shall require the applicant to submit to a background investigation conducted by the bureau of cr;minal apprehension as a condition of licensure. As part of the background investigation, the bureau of cifininal appi•ehension shall tonduct criminai history checks of Minnesota records and is anthorized to exchange fingerprints with the Federa] Bureau of Investrgation for the purpose of a criminal background check of the nationai files. The cost of tl�e im must be paid bc the appiicant. (d) For purposes of this seetion. "applicznt" includes an employee who eaercises manage- ment or polic�� control ove:• the compan,y, a cla�ector, an officer, a limited or general partner, a manager, oi• a shareholder holding more than cen percent of the outstanding stock of the corporation. Laus 1959. s 217, § 3. Amended by La�rs 1932, c. 50.9, § 3: La�cs 1993, c. 3:r3, § 1. Historical and Statutory Notes 1989 Legis]ation , Lairs 1989, e. ZA7, § IG, prmides that this see- tion is effective August 1, 19S9. Eaisting eurrencg euhanges must submit applicacions ir. compliance �iith this chapter by Octqber 1, 1959. No eurrence eschange ehall operate nithoui a licer.se after De- cember 31. 1989. 1993 Izgislation The lA9° zmendment addzd pnrs. (c) and (d), requiring a background im•es[i�aTion of applicants and defining "applicant", respecticely. La�vs d992, a 504. § 9, provides in part that § 3 is effecpte Ap�il 24, 1992, and applies to licenses issued or renew�ed on or after that date. 1993 Legislation The 1993 arnendment changed the date frum llec 1 to Sept. 1 in tl�e thiid Sentence of par. (b). 53A.04. Approa•al or denial of an application (a} };%ithin 30 davs after the receipt of a comp7ete application, the commissioner shall deny the application or submit the applieation to [he governing bod7 of the local unit o£ gocernment 326 iCHANGE5 e:feai.•e date, �� i,sued or n prescribed nolicant, and and business c}� exchange receding the a this or any �he nature of pa:tnership ied for eaeh ;r.ership or a � required of n pei•cent of he review of �e fee of $50 Iendar yeaz. tation upon a must be meat of the .r beginning :ncestigation � part of the �ina] history che Federal auonal files. =es manage- i? partner, a :toek of the pa � that § 3 _s m licenses e date from e oi par.(b). ',nall denc >ore*nment _< _..... CURRENCY E%CHAI��GES _�_ `�S-�l� § 53A.05 in tchich the applicant is located or is proposing to be located. The commissioner may not approve the application Kzthout the conc�ence of the gocerning body. The gocerning body shall gice published notice of its intenf,ion to consider the issue and shall solieit tesffmony from interested peisons, including those in the community in �ehich the applicant is located or is proposing to be located. If the gor•erning bodc has not appro��ed or di;appro�'ed the issue �cithin 60 days of receipt of the application, concurrence is presumed. The commissioner must appro�•e or disapproce the application �cithin 30 dacs from receiving the decision of the governing body. The gocerning body shall have the sole responsibIlity for it� decision. The state snall have no responsibDity for that decision. (b) If the application is denied, the commissioner shall send bc mail notice of the denial and the reason for the denial to the applicant at the address contained in the application. If an application is denied, the applicant may, Kdthin 30 day-s of receicu�g the notice of a denial, request a contested case hearing puisuant to chapter 14; pro�ided that if the denial is based upon the refusal of the governing body to concur the governing bodc nrust afford the applicant a heaiing. The applicant shall have no itight to the heaiing pro� for in this section ff the denial is based upon the governing body's refusa] to eoncur bnt shall have a heaiing before the goveining body. (c) This section applies to initial applications and rene�cal applieations. � (d) The state shal] have no responsibility for the action of the governing body. La�cs 1989, c. ?47, § 4. Amended by� Lau•s 199'?, c. 50.1, § 4. Historical and Statutory Notes 1959 Legislation Lau's 1959, c. 2d7, a 16, provides that this see- tion is effectice August 1, 1989. Esisting cumency exchanges must submit applications in complianee ni[h this chapter bt' October 1, 1959. No emrene}' exehange shalS operate ��ithout a license afeer De- cember 31, 1959. 1992 Legislation � The 1992 amendment re«i�ote this section, �chich had read: "The commissioner shall approce or denc an application «ithin 30 days from the comple[ed filing of it. If the application �s denied, the com- �nissioner shal] send by maii notice of the denial and the reason for the denial to the applicant at the address contained in the application. If an application is denied, the applicant ma��, Within 30 days of recei�ing the notice of a denial, request a contested case heuing pursuant to chapter 1� " Laas 199?, c. oOA, §�J, pro�ides in pazt that § 4 is effective dpi�l ?4, 199?, and applies to licenses issued or renewed on or after chnt dare. 53A.05. Change of name, ownership, or location Subdi��sion 1. Name or location. IF a licensee proposes to change the name or loeation of any or all of its cun•ency eschanges, the licensee shall file an application for approcal of the change ��ith the commissioner. The commissioner shall not approve a ehange of location if the requirements of seetions 53A.02, subdivision 2, and 53A.04 hace not been satisfied. If the change is appro�'ed by the commissioner, the commissioner shal] issue an amended ]icense in the licensee's ne�c name or location. A$50 fee must be paid for the amended lieense. Subd. 2. Ownership. The licensee shali notify the commissioner 3� business da}•s in advance of any ehange in ownership of the cun•ency e,eehange. The commissioner may� revoke the cuireney eachange lieense if the nea o�cnership �could have resulted in a denial of the initial license under the provi;ions of chapter 539. Lans 19R9, c. 24i, § 5. Amended by La�cs 1992, c. 50A, § 5. Historical and Statutorc \otes 19S9 Legislation 1993 Legislation La�s-> 1989, c 21 i, § 16, provicles [hat this sec- The 1992 amendment renTOte chis sec[ion, �chich tion u effective 9ugust 1, 19S9. E�isting cmreney had read: e�changes mwt submit aypiieaAOns in emnplianee °If a Lcen'+e proposes [o change tne name or nitli tnis chap[er bc October 1, 1989. No ewrenec location of am' or all of i[s c:n�eneti� exchanges, or exchange shail operate �dthout a license afrer De- adds a ne�r currency eschxage loca[ion, che hcen- cember 31, 1939. see shali file an applicacion tor approcsl of [he 33� �� S § 53A.05 ehange nith the Commissioner. If the change is approced by the commissioner, the commissaner shall issue an amended license in the liceasee's new name or location. 9$50 fee must be paid for che amended license:' CURRENCY EXCHAA'GES Laws 199?, c. 561, § 5, prrnides in par[ that § S is effectice April 24, 1982, and applies to lirenses issued or renemed on or after that date. 53A.06. Fine, suspension, oi re�•ocation of license (a) The commissioner may suspend or revoke any license under section 95.027 if the commissioner finds thaL (1) the licensee has failed to pay the annua] lieense fee or to maintain in effect the required bond or [o eomply n any order, decision, or finding of the commissioner under Laws 1989, chapter 247; (2) the licensee, or any officer or director of a corporate ]icensee, has violated any provision of Laws 1989, chapter 247, or any ru]e or order of the commissioner under this chaQter or ehapter 45; - (3) the licensee, or any officer or director of a corporate licensee, has violated any other law which u�ould indicate that the person is untrustworthy or not qualified to operate a eurrency exchange; or � (4) any fact or condition zvsts which, if it had existed at the Ume of the original or renewal applieaGon for the license, would have u�azranted the eommissioner refusing the issuance of the license. (b) A iicense may not be revoked until the licensee has had notice of a hearing pursuant to the provisions of chapter 14. (c) A licensee may surrender any license by delivery to the commissioner. The surrender does not affeet the lieensee's civil or criminai liabIlity for acts committed before the surrender, or affect the liability on the bond reqnired by seetions 53A01 to 53A13, or entitle the licensee to a return of any part of any license fee. (d) $efore suspension or revocation of the license, the commissioner may fine a licensee for ��olations of Laa-s 1989, chapter 2�17, as authorized under ehapter 45. La�is 1989, c.?A7, § 6. Historical and Statutory Notes 1989 Legislation Laws 1989, e 217, § i6, pro�ides that this sec- fion is effee6ve August I, 1959. E�sting curreney ezchanges must submit applieations in compliance w�th this ehapter by October 1, 1959. No currency exchange shaii operate «4thout a license after De- cember 31, 1989, 53A.Q7. Filing of fees; unreasonable fees Subdi�ision 1. Appro.�al of fees. Fees charged at each location for check cashing seniees must 6e filed v.4th and approved by the commissioner. Subd. 2. Amendment of fees. A licensee may amend its fees at any time by filing the proposed amendments wzth the commissioner. The application for amendment shall be in writing, under oath, and in the form prescribed by the commissioner. A fee of $50 shall accompany the application. The commissioner sha11 agprove or deny the applieation 60 days after the filing of a complete application to amend its fees. Subd. 3. $tandazds; unreasonable fees prohibited. The commissioner may disapprove the fees filed bp a currency eschange if Uiey are not fair and reasonable. In detei�nining �chether a fee is fair and reasonable, the commissioner shall take into consideracion: Q) rates chazged in the past for cashing of checks by those persons and organizations pro��ding check cashing sen�ces in the state of Minnesota; �2) the income, cost, and experience of.the operaUons of currency eschanges existing prior to this enactment or in other states under simi]ar conditions or regulations; (3) the amount of risk incolved in the type of check to be eashed and the loeation �khere the currency e�ehange operates; szs H:INGES �rt that § 5 to licenses JP7 if the z required .aws 1989, �� pirovision chapter or other law .i currency n•renewal ssuance of ursuantto surrender sun•ender, ie licensee censeefor �o currency =e afcer De- k cashing filing the �hall be in : S50 shall an 60 days disapprove �[ermining �ideration: xanizations �ting prior �chere the CURRENCY"E%CHANGES �4-b�5 § 53A.081 (4) the general cost of doing business, insurance wsts, security wsts, banking fees, and other costs assoeiated v.ith the operations of the paitieular eurcencg exehange; (5) a:�easonable profit for a cun•ency elchange operation; and (6) any other matter the commissioner deems appropiiate. The commissioner shall set a separate rate, consistent �'ith the aboce standards, for checks issued by a gorernment entitp in an amount up to $�00 to be eashed by a cun�enec exchange. LanS 1989, c. 247, § i. Historical and Statutory `otes 1939 Legislation La�vs 1989, c. .�.1i, $ 16, provides that this sec- tion is effectice August 1, 1953. Esisting curreney exehanges must submit applications in compiiance nith this chapter by Ociober 1, 79S9. No cun�ency erchange shall opeiate withouc a license aRer De- cember 31, 1959. 53A.08. Bond Before a]icense may be issued to a curreney eachange , the applicant shall file annually �cith and have approved by the commissioner a surety bond, issued by a bonding company authorized to do business in this state in the principal amount of $10,000. The bond must run to the cominissioner and is for the benefit of creditors of the currency e�change for lia6ility incurred by the cuirency exchange on money oiders issued or sold by the cun•ency eschange, for liahility incuil•ed by the eun•ency exchange for sums due m a payee or endorsee of a check, draft, or money order left ��ith the currency exchange for collection, and for liability incurred by the cuirency exchange in conneetion «ith pirociding currenep exchange sen�ces. The commissioner may require a lieensee to file a bond in an additionai amount if the commissioner considers it neeessary to meet the requn•ements of this section. In dexermining the additional amount of the bond which may be required, the commissioner may requu�e the lieensee to file its financial records, including all bank statements, pertaining to the sale of money orders for the preceding 12-month peiiod. In no case may the bond be less than the initial $10,000 or more than the outstanding liabilities. Laws 1989, c. 2'�7, § 8. Amended by Laws 1992, c. 504, § 6. Historical and Statutorp \otes 1939 Legisiation Laws 1989, c. ?47, § 16, provides that this sec- tion is effecUCe Augusi 1, 1989. E�isting Cma�ence e�changes must submit applications in compliance ��ith th�s chapter b�� October 1, 1989. No cun•ency exchange shall operate without a]icense after De- cember 31,1939. 1992 Legislation The 1992 amendment re«rote this secGOn, which had read: "Any cm'rene}' eschange tha[ eng2ges in [he sale of money ordeis or traveler checl:s shall comply �cith bonding requirement pursuanc to sectiou 4&.151." Lau�s 1932, c. 504, § 8, proride� in 4art that a 6 i; efPectiee .�p:il 21, 1992, and appl�es to Leenses issued or renewed on or afrer that date. ' 53A.OS1. Annual report and im�estigations I � Subdi��ision 1. 9nnual repoit. On "or before Apiil 30, a licensee >hall file an annual i report �dth the commissioner for the pre�ious calendar cear. The report must contain � informarion that the commissioner may reasonabl}' require concerning, and for the purpose of ; e�amining, the business and operations of each licensed cun•encr ezchanee. Subd. 2. Im The commissioner may at any tune and shal] at least once in � each �•ear incestigate the cun•ene}� ezchange business o: any licensee and oi e� person, purtneisMp, assoeiation, and cos�oration engaged in the business o: operating a c.arene} � eschange in the manner procided under section 46.027. Subd. 3. Fees and espenses. The licensee shall pac the costs o= an esamina_ion or inves[igation in che manner pro�ided under sec[ion 60A.03, subdici;ion 6. 329 ��-��5 § 53 �•081 CURRE\CY EtiCH,'�GGES CL'Rt �ubd 4. Classification of data. Financial information on individuals and 6usinesses that i wbmitted to the commissioner in the annual report under subdivision 1 are pifi data on inr:niduals or nonpublic data. Lxms 7992, c. 50.1, § 7, Amended br Laics 1996, c. 439, art. 1, § 6; La�rs 1997 lst Sp., c. S, § 19. Aistorical and Statutory lotes 1952 Le%islation Lan� 19Y? e. n�4, § g, pro�ides in part that § 7 is eifee.ice April ?A, 1992, and applies to ]icenses iss,:ed or rene�ced on or after that date. 19Wi Legislation The 1996 amendment, in subd. 1, reqvired the rep,rt w be filed on or before "April 30" rather thaz'33azch 1". 53.�1.09. PoK•ers; limitations; prohibitions 1959 L Lan Uon ig e�char 1997Legislation � �3a.1_ Laws 1997, lst Sp., e. 3, § 19, added subd. 4, The rela6ng to finaneial informatlon on indiuiduals and and e� businesses submitted in the annual report. La�cs ] Subdivision 1, peposits; escrow accounts. A curreney exchange may not aecept money or currency for deposit, or act as bailee or agent for persons, firms, partnerships, associations, or corporations to hold money or cun•eney in escrow for others for any purpose. However, a currency eschange may act as agent for the issuer of money orders or tracelers' checks. Subd. 2. Gambiing establishments. A currency e�change ]ocated on the pi•emises of a gambling establishment as defined in section 256.9831, subdivision 1, may not cash a warrant that bears a restrictive endorsement under seetion 256.9831, subdi�ision 3. Lau�s 1989, e. 21^r, § g, Amended Eg Laws 1996, c. 466, art. 3, § I. Historical and Statutory Notes � 1989 Legislation 1996 I,egislation Lans 1959, e 21 i, § 16, protides that this see- The 1996 amendment designated evsting text as 6on is effec6re August 1, 1989. Enisting em•rency eschanges must submit applications in compliance subd. Y; and added subd. 2, relating co gambling �iith this ehaptei by Octo6er 1, 1989, No cuil�eney estabiishments. exchange shall operate ��ithout a]icense after De- cember 31, 1959. 53.410. Violations My person, finn, yssociaGon, partnez•ship, or coiporation that �5olates La�cs 1959, ehapter 245, shall be guIlty of a misdemeanor. La�cs 1959, c. 217, § 10. Historical and Statutory Notes 1959 Legislation LaHS 1959, e 2f i, § i6, pro�'ides that this see- tion is effeetice Avgust 1, 1959. E�isting currency exchanges must submSt applieaUons in wmpiiance 539.11. Books of account; annual report The ]icensee shall keep and use in the lieensee's business the books, accounts, and reeords that �cill enable the commissioner to detercnine �chether the licensee is comphing �rith the prorisions of Lal��s 1989, chapter 247, and ndth the rules adopted by the commissioner. A lieensee shail preserve the books, accounts, and records for at leasc t.i-o years after making the final entr��. 1939 L� Laa tion is e>chan Cun 2Si2.0i 53A.1: Sub senlc� premi: Sub ute, m that o; Su6 liable reasor La�cs ] 1959 L� La�ee tion is � eschani �tith this chapter 6y Oe[ober i, 1983. No cUrrency � SLari� eschange shal] operate �rithou[ a license af[er De- hance c eember 31, 1959. Minn.T� Laus 1939, c. 297, § 11. 330 53A.1 f The : requu�e n9th th. La�cs I' F EXCHA.tiGES nd businesses that :re private data on �., c. 3, § 19. 19. added subd. 4, �n on indieiduals and nual report. not accept money >hips, associations, �ose. Hok a u�acelers' checks. 4he premises of a iot cash a warrant �ated existing text as relating to gambling .a«s 1989, ehapter , 1969. No cun'ency� � a license after De- oun[s, and records �mplcing �5ith the commissioaer. A ea.*s after making CURREIiCY' EXCFL��GES -...�,_ _ _. ��5 § s3aia Repealed Historical and Statutory \otes 1959 LeS�slation La�cs 19S9, a 24i, � 16, pro�ides that this sec- tion is effecU��e August 1. 1959. E�isting em'renc}' exchanges must submic applicalions in wmplianee �i9th Uus ehapcer bc October 1, 1989. A'o currency exchange shall operate uithout a license after De- cember Sl. 1959. 539.12. Rules The commissioner may adopt ivles under chapter 14 as may be neeessan� to administer and enforce this chapter. La«s 1959, a 2�7, § i?. 1959 Legislation La�cs 1989, e 247, § 16, pro�ldes that this seo- tion is effective August 1, 1959. E�stlng evrrency exchanges must submi[ applications in eompliance Historical and 5tatutory Notes ��ith thu ehapter by October 1, 1989. No currency e;cchange shaIl opente ni[hout a license a8er De- cember 31, 1959. Administrati�'e Code References Cuirency eschange rates, see Minn. Rules 2672.0100. 539.13. Fee notice; false adcertising; penaltp Subdivision 1. Fee notice. The fees charged by currency exchanges For rendeting any sexvice authorized bc sections 53A.01 to 53A13 must be prominently di;played on the premises of the cun�ency eschange in the fashion required by the conmiissioner. Subd. 2. False advertising. A licensee ma}� not ad� print, display, publish, distrib- ute, or broadeast am statement or representation that is false, misleading, or deceptive, or that omits material inforenation. Subd. 3. Cieil liability; penalty. A person �cho ciolates an,y subdieision of this chapter is liable to the person damaged by the ��olation for actual damages. The court may� award reasonable attorne� fees and eosts. La�cs 1959, c. 24i, 3 13. 1999 Legislation La�cs 1939, e. 24i, § 16, procides [hat this sec- lion is etfective August 7, 1939. Evsting eurreneg e�changes must submit applieations in complianee Historical and Statutory Notes «4th this chapter bg October 1, 15S9. No currencp eschange shall operate ��ithout a license after De- cember 31, 1989. Law Rev�ew and Journal Commentaries Scatutoiy fee-shifung: Ne�c opportunities to en- hanee dient resulis. Arlo H. 4ande Vegte. 15 Minn.lYia1 La�� o (Fall 1990). 53d.1�1. Repealed by Law�s 1992, c. 50d, § S. The repealed section. �chich preempted locai lam requu�ements to the estent thec �cere incon;istent ��ith the requiremencs in c. o3A. «'as dericed from La«s 19SQ c. 2-� i. § 1+. Historical and Statutorc Notes La�r� 1992, c. 001, a� 9. pro�ico; in pu: that § z is effectice 1.pri1 24. 199?. and applies to licenses issued or rene�ced nn or aRer tt.a: date. 331 � c�c�.t,,�s OFFICE OF 7HE CITY ATfORNEY - , �:� ._^. ._ . ._ _ Claytors M Robirtson. Jr. Attorttey _ �. CITY OF SAINT PALJL = c;vrrDN;s;on Norm Coleman, l.tayor C 1 E; s y_� r; i gD0 Ct� Ha11 Telephone: 65/ 166-8i l0 � r5 I�st Kellagg Blvd. Facsimile: 65J 298-5619 ,Sain� Paul, Minneso(a 5510? � i.� I�_. =.� t i�. . ... _ � May 6, 1999 Mr. Curt R. Potts 8135 Foxberry Bay Savage, Minnesota 55378 Mr. James C. Erickson 3701 Abbott Avenue Minneapolis, Minnesota 55410 RE: Currency Exchan�e License Application of Curt R. Potts and James C. Erickson d/b/a Endeavor Financial; Inc. for the premises located at 577 University Ave. in St. Paul Dear Mr. Potts and Mr. Erickson: The City of Saint Paul O�ce of License, Inspections and Environmental Protection has received notification from the Minnesota Deparcment of Commerce of your currency exchan�e license application for Endeavor Financial, Inc. located at 577 University Avenue, Saint Paul, Minnesota 55103. Minn. Stat. §53A.04 requires the approval or disapproval of your application by the local goveming body after published notice and public hearing. Saint Paul I.egislative Code §381.02(b) requires that the hearing be held before an independent hearing examiner in conformity with the provlsions of §310.05 and §310.06 of the I.egislative Code and the rules of the office of administrative hearinbs. In accordance with these rules a public hearing has been scheduled to consider your license appiication. The hearing wili be held Monday, May 2A, 1499 at 9:30 a.m. in the St. Paul City HalllRamsey County Courthouse, room 40-A, 15 West Kellogg Bonlevard, Saint Paul, Minnesota. Your attendance at this hearing is extremely important, especially if any adverse testunony is presented to which you wish to respond. Saint Paul L,egislative Code Section 381.02(c) requires the license applicant to pay a fee to the City to cover the costs of administering and processin� the currency exchange application. The fee for this application is $317.00 and must be paid within fifteen (15) days of the receipt of this letter. The Code further requires the appiicant to re:mburse the City for its costs in conducting the hearin�(s) prescribed by State Law. You may be billed for those costs afrer the hearing(s). ��-b�S Page 2 - . Endeavor Financial, Inc. May 6, 1999 If you have any questions, I can be reached at 266-8710. Sincerely, %/_�� J ��,� J �` , Virginia D. Palmer Assistant City Attorney cc: Nancy Thomas, Office of Administrative Hearings, 100 Washin;ton Square, Suite 1700, 100 Washington Ave. S., Mpls., MN 55401 Bob Kessier, Director, LIEP Christine Rozek, LIEP Troy Gilbertson, LIEP Nancy Anderson, Assistant Council Secretary, 310 City Ha11 Michael Samuelson, Exec. Director, Thomas-Dale/Dist. 7 Planning Council, 689 N. Dale 5t., St. Paul, MN 55103 7ohnny Howard, Exec. Director, Thomas Dale Block Clubs, 1034 Lafond Ave., St. Paul, MN 55104 �4 �� STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on May 6, 1999, she served the attached LETTER on the following named persons by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Curt R. Potts 8135 Fo�cberry Bay Savage, MN. 55378 Mr. James C. Erickson 3701 Abbott Avenue Minneapolis, MN. 55410 (which is the last known addresses of said persons) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 6th day�of'Wiay, ��9. Notary Public > OFFICE OF Tf� CITY ATTORNEY C!¢yton M. Robinson, Jr., City Attomey �� r �K CITY OF SAINT PAUL Nanrs Caleman, M¢yor May 26, 1999 Mr. Curt R. Potts 8135 Foxberry Bay Savage, Minnesota 55378 Civil Division 400 Ciry Ha!! Telephone: 65I 266-8710 ISWestKetloggBlvd Facsimile:651298-56l9 Saint Pau1, Mrnnesota 55102 NOTICE OF COUNCIL HEA,RING �o�llf�'' ,r�,cs2�'C�' �artt�r MAY 2 6 �959 Mr. James C. Erickson 3701 Abbott Avenue Minneapolis, Minnesota 55410 RE: Currency Exchange License Application of Curt R. Potts and James C. Erickson d/b/a Endeavor Financial, Inc. for the premises located at 577 University Ave. in St. Paul Our File Number: G99-0157 Deaz Mr. Potts and Mr. Erickson: Please take notice that a hearing on the report of the Administrative Law 3udge concerning the above-mentioned license application has been scheduled for 5:30 p.m., Wednesday, June 9, 1999, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written azgument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendafions of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, `✓�/�. v `.' ct-/- Virginia .<�r Assistant City Attorney cc: Nancy Anderson, Asslstant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Troy Gilbertson, LIEP Michael Samueison, Exec. Director, Thomas Dale/Dist. 7 Plazming Council, 689 N. Dale St., St. Paul, MN 55103 Johnny Howard, Exec. Director, Thomas Dale Block Clubs, 1034 Lafond Ave, St. Paui, MN 55104 �l�to\� NOTICE OF PUBUC HEARING Currency Exchange License Application ofi Endeavor Financial, inc. 577 University Avenue Saint Pauf, MN 55103 PLEASE TAKE NOTICE fhat testimony will be taken from interested persons, including those in the community, with respect to the application of Endeavor Financial, Inc. to operate a currency exchange by license issued under Minn. Stat. §53A.02. Minn. Stat. §53A.04 requires the approval or disapproval of the �icense application by the local governing body, after published notice and hearing, within 60 days after receipt of the appiication from the Commissioner of Commerce. ' The pubiic hearing has now been scheduled as follows: Date of Hearing Time Location Monday, May 24, 1999 9:30 a.m. St. Paul City Hall / Ramsey County Courthouse Room 40-A, Lower Level 15 West Kellogg Bivd. St. Paui, MN 55102 The hearing will be conducted by an administrative law judge from the Minnesota Office of Administrative Hearings, on behalf of the Council of the City of Saint Paul. Name Telephone George A. Beck O�ce of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, Minnesota 55401 341-7601 His or her report, and recommendation for action, will be forwarded to the Council for final action. if you have any questions, please call Virginia Paimer, Saint Paul City Attorney's Office 266-8710. � �� Endeavor Financial, Inc. — City's Exh. No. 3 — �S c�� AFPIDAVIT OF PUBLICATION �� NOTICE OF PITBLIC HEARING Cm�x�ency EYChange Litt�e Appllcatloa ofEndeavozFlnanciat, 7nc, S77IIniveisity Avenue , _ � �� Salnt Paul, bIN 55103 � PLEe1SE TAKE NOT[CE ihat trsri�nony w{ll be �talcui from'interested�e�sons tncludNg tliose in �the communtty. M[h respect tn the applicatlon of : Evdeavor F�nanctai, Inc. to opuate a c}urrncy ,exchange by llcense Issued under Minn. Stat. ;§53A.02. Mtnn. Stat §53A04 requlre5 the apPmvai oc � disaPProval o( Eae liar�se appllration by the local ;governing body, aCter publ[shed notice ,anA heanng. wlthin 60 days aCter recefpt �of thc appllcatlon from [he Commtssioner o( Commerce. - - - - � '� Thepubltchearinghasnowbeenscheduledas lollows: � . . . Date of Hearyug: Monday. May y¢. lg9g rime: s:90,.m. � Iacatloa: st. Pani city8a11jRamaey ConntyCovrthouae Room 40-A Lower LevN ' � . 35 West BeLogg Hdvd, - St. Pad, MN S$102 � The hearing w(II be conducted by an admtntstrative law judge from the Minnesota Oftice ofAdministcativc Hearings.on behal(otthe. Council oFthe CItyoFSafnt Paul. Name: GeorgeAHect O�ce ofAdminfatrative 8earings � 100 Wash�¢�on 5 4�0. Soke 1700 ' - Minneapolls.Miwesou55401 ! Telephonr. 343-7801 � . His or her report, and recommendauon for actlon. wil] be forwarded to ihe Council for finai ' action. � IC you have any questions, please ca❑ �' Vlrginia Palmec, Saynt Paul City Atiomey s O�ce 266-8?l0. . . - � � - lMayB) � � � . ' ==s== ST.�PAUL LEGAL LEDG� a.=v�m State of Minnesota, County of Runsey Patrick Bo¢lay, being duty swom, on oath says that he is the publisher of the newspaper lrnown as the St Paul I.egal Ledger and has fiill knowledge of the fac[s which aze stated U010W: (A) T'he newspaper has complied with all of the requirements constituting as a quatified legal newspaper, as provided by Minnesota Statute 331A02, 331A07, and other applicabie laws, as amended. (B) The printed Public Hearing which is attached was cut from the cohimns of said newspaper and was printed and published once; it was published on Saturday,the 8th day of May, 1999; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, wtuch is hereby aclmowledged as being the size and kutd of type used in the composition and publication of said notice: abcdefghijklmnopqrstuvwxyz � � � ,; � �� Z-��; � � ' t • n JAYDA MILLER Ci�.'� a `'.°'�s.'s� IdO7ARYPUBLIC-MtNiJ'cSOTA My Comm. Exp�res Jan. 37, 20Q0 ■ • Rate Infomialion (I) Lowes[ elass�ed rzte paid by corrimercial use[s for comparable space is SN/A (2) Manimum iate attowed by law for the above publicaUOn is $73.94. (3) Rate acwally charged forthe above publication is 567.22. Endeavor Financial, Inc. — �'itg- Exh. l��o. 4 — Subscribed and swom to before me this 8th day of May, 1999 �C,- b�S Chapter 381. Currency Exchanges Sec. 381.01. State license required; defmition. No person shall engage in the business of a currency exchange in Saint Paul without a license as provided by Minnesota Statutes Chapter 53A. (C.F. No. 94-46, § 2, 2-2-94) Sec. 381.02. Procedures; hearing; fee. (a) Procedures. Upon receipt of a completed application from the commissioner of commerce for either a new license or the renewal of an existing license, the matter shall be referred to the Office of License, Inspections and Environmental Protection for initiation of a hearing as required by state law within the period allowed for the response of the govem:ng , body. The heazing shall be for the purpose of taking testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located, as required by law, and upon grounds or issues as to which notice has been given in accordance with the requirements of sections 310.05 and 310.06 of the Legislarive Code. The said office shall publish and give notice as required by law. (b) Flearing. The hearing shall be held before an independent hearing examiner in conformity with the provisions of sections 310.05 and 310.06 of the Legislative Code, and the rules of the office of administrarive hearings, to the extent such rules aze not in conflict with sections 310.05 and 310.06. (c) Fee; costs. The applicant sha11 pay, within fifteen (15) days following receipt ofthe application by the city, a fee covering the costs of administering and processing the application in an amount to be established in conformity with the procedures in section 310.09(b) of the Legislative Code. The applicant shall also reimburse the city, within fifteen (15) days following action by the city council on the application, for its costs in conducting the hearing or hearings prescribed by state law, including publication costs and the cost of the administrative proceedin�s and heazing before an independent hearing examiner. (C.F. Na 94-46, § 3, 2-2-94) Sec. 381.03. Grounds for disapproval, etc. (a) Disapproval. The council may by resolution disapprove an application and, if so, shall state therein its reasons for so doing. It may adopt in whole or in part tl�e findings of fact and conclusions of law of the independent hearing examiner and may amend the same to conform to its decision on the record and the testimony. Notice of the disapproval may be communicated to the commissioner of commerce before the effective date of any such resolution wheze necessary to avoid a presumption of concurrence. �� o�S (b) Grounds for disapproval. Disapproval of an application may be based on one (1) or more of the following grounds, in addition to any other ground allowed by law: (1) Violation of any provision of the state currency exchange law contained in Chapter 53A. (2} Any one (1) or more of the reasons, conditions, or standards for adverse action under section 310.06 of the Legislative Code. (3) Failure of the applicant to pay the city fee and costs prescribed above. (4) (i) The location of a new currency exchange as proposed would cause significant adverse consequences or impacts upon the neighborhoods within three hundred (300} feet of the exchange. Such anticipated effecY must be shown by clear and convincing evidence. (ii) The existing currency exchange has caused significant adverse consequences or impacts upon the neighborhoods within three hundred (304) feet of the exchange. (5) Failure of the applicant to agree to reasonable conditions upon the operation of the business in accordance with the procedures in section 310.05 and the grounds of 310.06. Such condirions could include, but aze not limited to, hours of operation, off-street parking requirements, bonding in an amount greater than that required by state law, and annual audits at the licensee's expense. (6) The applicant is not of good moral chazacter and repute ancUor is unfic to operate such a business. (7) The applicant is not at least eighteen (18) yeazs of age. (8) The applicant is not the real parry in interest in the application. (9) The location of the business for which a new currency exchange license is sought is within one-half mile of an existing currency exchange licensed by the state. (10)) The applicant or its proposed business location does not comply with applicable zoning, building, fire and health codes. (c) Persons and corporations. If an applicant is a partnership, the application may be denied if there is a basis for denial as to any partner. If the applicant is a corporation, the appiication may be denied if there is a basis for denial as to any (i) shazeholder holding more than five (5) percent of the outstanding or issued stock of the corporation, or (ii) officer or director of the corporation, or (iii) employee of the enterprise having policy or management control over the enterprise. ��-e�S (C.F. No. 94-46, § 4, 2-2-94) Sec. 381.04. Defmitions. The following words and/or phrases shall have the following meaning when used in this chapter and in Chapter 310 of the Legislative Code. (a) Applicant. The term "appiicant" includes persons, partnerships, firms and corporations and all other forms of business ventures. It also includes employees who exercise management or policy control over the enterprise, general and limited partners, shazeholders of more than five (5) percent of the outstanding or issued shares of a corporation, and corporate managers, officers and directors. (b) Application. The term "application" includes applications for both new and renewal licenses. (c} License. The term "license" refers to the state currency exchange license provided for in Minnesota Statutes Section 53A.02. (d) Currency exchange. The term "currency exchange" is defined in Minnesota Statutes Section 53A.01, subdivision l. Currency exchange means any person, except a bank, trust company, savings bank, savings and loan association, credit union, or industrial loan and thrift company, engaged in the business.of cashing checks, drafts, money orders or travelers' checks for a fee. Currency exchange does not include a person who provides these services incidental to the person's primary business if the charge for cashing a check or draft does not exceed one dollar ($1.00) or one (1) percent of the value of the check or draft, whichever is greater. (C.F. No. 94-46, § 5, 2-2-94)