96-1493 �° � " � f ( i r , Council File # � ����
� !, �
� ' Ordinance #
Green Sheet # 3 `� � ��
RESOLUTION
CITY OF AINT PAUL, MINNESOTA �
Presented By
Referred To Committee: Date
RESOLVED, that the currency exchange license application by Terrence J. Magill,
d.b.a. Capital City Check Cashing for the premises located at 477 Rice Street in Saint
Paul, is recommended for approval. Minnesota Statute section 53A.04 requires the
approval or disapproval of the state application by the local governing body.
This resolution and action taken above are based upon the proceeding before the
Administrative Law Judge, the documents and exhibits introduced therein, the testimony
offered by and on behalf of the licensee during the Council hearing on December 4, 1996,
and the deliberation of the Council in open session. The Council adopts the findings of
fact and conclusions of law of the Administrative Law Judge contained in his report.
The Report of the ALJ is incorporated in and made part of this resolution.
A copy of this resolution, as adopted, shall be sent by first class mail to the
Administrative Law Judge and to the license holder. In addition, a copy of this
resolution as adopted shall be delivered by the Office of License, Inspections and
Environmental Protection to the Minnesota Commissioner of Commerce.
Yeas Nays � Requested by Department of:
Bost�om Office of License. Inspections and
Megar �Q —�— finvironmental Protection
Guer�n �`
Adopted by Council: Date � B}'' ,��+�-v ��j1
Adoption Certified by Council Secretary
Form Approved by City Attorney
BY s � ...-� � t�3-�-�.a�"�.r-� _�' / '�J
By: c.. �
Approved by Mayor: Date � �
Approved by Mayor for Submission to
BY: � C� Council
By:
OFFICE OF LIEP DNovember �8, 1996 GREEN SHEET
N° 3 518 2 a �- I`� .
ecember 4, 1996 1 EPARTMENT DIRECTOR 3 ITY COUNCIL
ITY ATTORNEY ITY CLERK
st be OTl COL111C11 Agenda by: UDGET DIRECTOR FIN. & MGT. SVC. DIR.
p,p YOR (OR ASSI3TANT)
OTAL # OF SIGNATORE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION REQUESTED: Approval of currency exchange license renewal of Capital
ity Check Cashing located at 477 Rice Street, Saint Paul.
COI�AIENDATIONS: APPROVE (A) OR REJECT (R) ONAL SBRVICE COIiTR11LZS 1QaS 1►NSiIiR S� FOLLOIRlf3:
PLANNING C�ISSION CIVIL SERVICE COAII+II3SION 1. Has the person/firm ever worked under a contract for this department?
CIB COPA7ITTEE _ BUSINESS REVIEW COUNCIL YES NO
STAFF _ . Has this person/firm ever been a City employee?
DISTRICT COURT _ YES NO
3. Does this person/firm possesa a skill not normally possessed by any
UPPORTS WHICH COUNCIL OBJECTIVE? Current City employee?
YES NO
all YES aanr�rs oa a srparats shNt and attaah.
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why) :
VANTAGES IF APPROVED:
Capital City Check Cashing will continue to operate.
ISADVAN'!'AGES IF APPROVBD:
one.
ISADVANTAGES IF NOT APPROVBD:
OTAL AMOUNT OF TR.ANSACTION S COST/R�NUE BUDGETED YES NO
FUNDING SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION: (EXPLAIN)
G� �it1�M (�ltf�i'
NOV 2 '� 1996
� � �
60-21 1 1-1 0798-3
STATE OF MINNESOTA �l.{�
/'j� �.
�,�
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE CITY COUNCIL OF THE CITY OF ST. PAUL
In Re the Currency Exchange License
Application of Capital City Check Cashing FINDINGS OF FACT,
477 Rice Street CONCLUSIONS AND
Saint Paul, Minnesota 55103 RECOMMENDATION
The above-entitled matter came on for hearing before Administrative Law
Judge John W. Harrigan, on November 6, 1996, in the Ramsey County
Courthouse. The record closed at the conclusion of the scheduled hearing.
Philip B. Byrne, Assistant City Attorney, City of St. Paul, 400 City Hall and
Courthouse, 15 West Kellogg Boulevard, St. Paul, Minnesota 55102, appeared on
behalf of the City of St. Paul. Terrence Magill appeared on behalf of Capital City
Check Cashing.
This Report is a recommendation, nc� a final decision. The Council of the
City of St. Paul will make the final decision after a review of the record which may
adopt, reject or modify the Findings of Fact, Conclusions, and Recommendations
contained herein. Pursuant to Saint Paul Legislative Code Section 310.05 (c-11, the
final decision of the City Council shall not be made until this Report has been made
available to he parties to 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 judge in the application of the law or the interpretation of the
facts and an opportunity to present argument related to any recommended adverse
action. The applicant should contact the Council of the City of St. Paul, 310 City
Hall, St. Paul, Minnesota 55102, to ascertain the procedure for presenting
argument.
STATEMENT OF ISSUE
Should this application for a currency exchange license, under Minn. Stat.
Chapter 53A, be approved by the Council of the City of St. Paul, after published
notice and hearing.
, ' �
Based upon all of the proceedings herein, the Administrative Law Judge l���
makes the following: � �- l
FINDINGS OF FACT
1 . The Notice of Public Hearing in this matter was served by the City of
St. Paul on the Applicant on October 30, 1996, by mail.
2. In accordance with Minn. Stat. § 53A.04 and Chapter 381 of the St.
Paul Legislative Code, Troy Gilbertson, License Enforcement Auditor, notified
interested persons of the public hearing, scheduled for November 6, 1996, by
publication and by letter on October 30, 1996.
3. Terrence Magill, the applicant, Philip Byrne, the Assistant City
Attorney, and a representative of the City of St. Paul Office of License, Inspections
and Environmental Protection appeared at the scheduled public hearing. No
testimony was taken. The hearing was scheduled to begin at 8:30 a.m. After
waiting until 8:55 a.m. for possible appearance by members of the public, the
undersigned, the app�icant, and Mr. Byrne concurred that there was no need to take
testimony or to otherwise proceed with a formal hearing. Mr. Byrne 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 Council of the City of St. Paul and the Administrative Law Judge
have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and the St. Paul
Legislative Code, Minn. Stat. § 381 .02, 310.05 and 310.06.
2. The City of St. Paul has fulfilled all 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 complied with the application requirements
specified by law.
2
, � .
��� I ` 1�
5. No members of the public have opposed the application for licensure.
Based upon the foregoing Conclusions, the Administrative Law Judge makes
the following:
RECOMMENDATION
IT IS RESPECTFULLY RECOMMENDED that the Council of the City of St.
Paul approve the currency exchange license application of Capital City Check
Cashing.
� ,.-�
Dated this r, �1 day of November, 1996, �
f ,� �/� ._ _..�_� �
��
.="John W. Harrigan ,'
� Administrative Lavti udge
C�
NOTICE
Pursuant to Minn. Stat. § 53A.04, the Council of the City of Saint 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 Minn. Stat. § 53A.04 (b).
3
c1`o-\�cl?j
CITY OF SAINT PAUL
Norm Coleman, Mayor
ADMINISTRATIVE LAW HEARING
IN THE MATTER OF THE LICENSE
APPLICATION OF CAPITAL CITY CHECK CASHING
AT 477 RICE STREET
SAINT PAUL, MINNESOTA 55103
CITY'S EXHIBITS
o ices:
1. Notice of Hearing letter to license applicant.
Attachments include: Notice of Public Hearing
Chapter 381, Legislative Code
2. Affidavit of service by mail for license applicant letter.
3. Notice of hearing letter to interested persons.
4. Affidavit of service by mail for postcard to interested persons.
5. Affidavit of publication, Wednesday, October 30, 1996.
Statute:
6. Minn. Stat. ch. 53A (6pp.).
� OFFICE OF LICENSE,INSPECTIONS AND
y ENVIRONhfENTAL PROTECTION �l_�--`�(C��
� �v � �
Robert Kessler,Director
CITY OF SAINT PALTL LOli�RY PROFESSIONAL Telephone:612-266-9090
T,'orm Colernnn.Mayor BUILDING Facsimile: 612-266-909v
Suire 300 612-266-911d
350 St.Peter Street
SainrPaul,�finnesota 55102-1510
�.w.
October 29, 1996
Terrence Magill
5072 Isle Avenue North
Lake Elmo, MN 55128
Re: Currency Exchange License Application
Dear Mr. Magill:
The City of Saint Paul Office of License, Inspections and Environmental Protection has
received notification from the Minnesota Department of commerce of your currency
exchange license application for Capital City Checking Cashing located at 477 Rice
Street, St. Paul, MN 55103.
Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the
local governing body after published notice and hearing.
The hearing will be conducted by an administrative law judge on behalf of the Council
of the City of Saint Paul. The hearing will be held Wednesday, November 6, 1996 at
8:30 a.m. in the Ramsey County Courthouse, room 41, 15 West Kellog Boulevard,
Saint Paul, Minnesota. Your attendance at this hearing is extremely important,
especially if any adverse testimony is presenfed to which you wish to respond.
The Saint Paul Legislative Code Section 381.02(c) directs the license applicant to pay a
fee to the City covering the costs of administering and processing the currency exchange
application. The fee for this application is $317.00 and must be paid within (15) days
of the receipt of this letter. The Code further requires the applicant to reimburse the
City for its costs in conducting the hearing(s) prescribed by State Law. You may be
billed for those costs after the hearing(s).
EXHIBIT #1
����3
For your convenience, a copy of the notice of hearing as well as the City Ordinance
Section 381 has been enclosed. If you have any questions, please contact Christine
Rozek at 266-9108.
Sincerely,
����
�
Troy Gilbertson,
License Enforcement Auditor
Enclosure
cc: Virginia Palmer, Assistant City Attorney
' � , OFFICE OF LICENSE,INSPECTIONS AND
ENVIRO?�AfENTAL PROTECTION
Ro6ert Kessler,Drrector �� `�^ �
�.�;
CITY OF SAINT PAUL Lic'FNSE.�'�t� Telephone:6/?-J66-9/00
Norm Coleman.�4a��or I.NSAE('T,'Ci:'S Fac.rimrle:C>I?-?66-9/?;�
3�0 St.Perer Street
Saute 300
Saint��ui..':;innesotn >jl!/?
�i�
NOTICE OF PUBLIC HEARING
Currency Exchange License Application
of Capital Check Cashing
477 Rice Street
Saint Paul, Minnesota 55103
Office of Administrative Hearings
on the behalf of the
COUNCIL OF THE CITY OF SAINT PAUL
PLEASE TAKE NOTICE that testimony wiil be taken from interested persons, including
those in the community with respect to the application of Capital Check Cashing to
operate a currency exchange by license issued under Minn. Stat. §53A.02.
Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the
governing body, after published notice and hearing, within 60 days after receipt of the
application.
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. His or her
report, and recommendation for action, will be forwarded to the Council for its action.
Date of Public Hearing: Wednesday, November 6, 1996
Time : 8:30 a.m.
Location of Public Hearing:
Ramsey County Courthouse
Room 41, Lower Level
15 West Kellog Boulevard
St. Paul, Minnesota 55102
If you have any questions, please call Christine Rozek, Office of License, Inspections
and Environmental f�rotection at 266-9108.
��
���`� `�
Chapter 381. Currency Exchanges
Sec. 381.01. State license required; definition.
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)Procedz.rres. Upon receipt of a completed application from the commissioner of
commerce for either a new license or the renewal of an e�sting 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 governing body.
The hearing 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 Legislative Code. The said office shall publish
and give notice as required by law.
(b)Hearing. The hearing shall be held before an independent hearing examiner in
conforinity with the provisions of sections 310.05 and 310.06 of the Legislative Code, and the
rules of the office of administrative hearings, to the extent such rules are not in conflict with
sections 310.05 and 310.06.
(c)Fee; costs. The applicant shall pay, within fifteen (15) days following receipt of the
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 proceedings
and hearing before an independent hearing examiner.
(C.F. No. 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 the 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 cammerce before the effective date of any such resolution where necessary
to avoid a presumption of concurrence.
�����3
(b) Gror.�nc�r 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 exchan�e 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 effect
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
(300) 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 conditions could include, but are 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 character and repute and/or is unfit to operate
such a business.
(7) The applicant is not at least eighteen (18) years of age.
(8) The applicant is not the real party 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 e�sting 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
application may be denied if there is a basis for denial as to any (i) shareholder holding more than
tive (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 ha,�ing policy or management control over the
enterprise.
°��—\�c.�t�
(C.F. No. 94-46, § 4, 2-2-94)
Sec. 381.04. Definitions.
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 "applicant" 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, shareholders 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)
� � �.e���3
STATE OF MINNESOTA )
) ss . AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF RAMSEY )
Troy Gilbertson, being first duly sworn, deposes and says that on
October 30, 1996 he served the attached Notice of Hearing on the
following named person by placing a true and correct copy thereof
in an envelope addressed as follows:
Terrence Magill
5072 Isle Avenue North
Lake Elmo, NIlV 55128
(which is the last known addresses of said person) and depositing
the same, with postage prepaid, in the United States mails at
Saint Paul, Minnesota.
�
TROY GILBERTSON
��^ s
Subscribed and sworn to before me KARENKAYOLSON
this lst day of November, 1996. ��OTARYPUBUGWNNESOU
t�!y Commbsbn E�irag Jan.91,2000
r �
. QiL�n Q �
Notary Publi � x Q/say e x� 1�3���ooU
�rrh a�
EXHIBIT #2
' � OFFICE OF LICENSE,INSPECTIONS AND ����C�j �
ENVIRONMENTAL PROTECTION �
Robert Kessler,Director
CTTY OF SAINT PAUL L�cENSEaTVn TetePho„e:���-z��_y�oo
Norm Coleman,Mayor INSPEC:TIONS Faasimrle:61 J-266-9124
350 St.Pet�r Srreet
Sufte 300
Saint Paul,A4innesota 5�l0?
�
NOTICE OF PUBLIC HEARING
Currency Exchange License Application
of Capital Check Cashing
477 Rice Street
Saint Paul, Minnesota 55103
Office of Administrative Hearings
on the behalf of the
COUNCIL OF THE CITY OF SAINT PAUL
PLEASE TAKE NOTICE that testimony will be taken from interested persons, including
those in the community with respect to the application of Capital Check Cashing to
operate a currency exchange by license issued under Minn. Stat. §53A.02.
Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the
governing body, after published notice and hearing, within 60 days after receipt of the
application.
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. His or her
report, and recommendation for action, will be forwarded to the Council for its action.
Date of Public Hearing: Wednesday, November 6, 1996
Time : 8:30 a.m.
Location of Public Hearing:
Ramsey County Courthouse
Room 41, Lower Level
15 West Kellog Boulevard
St. Paul, Minnesota 55102
If you have any questions, please call Christine Rozek, Office of License, Inspections
and Environmental Protection at 266-9108.
EXHIBIT #3
�����3
STATE OF MINNESOTA )
) ss. AFFIDAVIT OF S�RVICE BY NLAii,
COUNTY OF RAMSEY )
Troy Gilbertson, being first duly swom, deposes and says that on October 30, 1996 he served
the attached Notice of Hearing on the following named person by placing a true and correct copy
thereof in an envelope addressed as follow:
Rep Andrew J Dawkins Dist 7 Planning Council THOMAS DALE BLOCK
Minnesota Legislature Executive Director CL�
371 State Office Bldg 369 University Ave
Sainc Paul,MN 55155 Saint Paul,MN 55103 Johnny Howard, Exe Dir
689 N DALE
NEAR Senator Sandra Pappas ST PAUI.MN 55103
Executive Director Minnesota Legislature
1061 Rice Street State Capitol G-24 HOPE MEI.TON
Saint Paul,MN 55117 Saint Paul,MN 55155
SAFE CITY COORD
Capitol Area Ping Brd Rice/Marion Res Assoc 555 C�AR
Room 204 Admin Bldg K D Steward, President SAINT PAUL, MN 55102
50 Sherburne Ave 195 Edmund Office
sair►c pau1,�v11v 55155 Saint Paul, MN 55103 District 7 Planning Coun
Midway Chamber of Comm President
Executive Director FT"T"EN ANDERSON 653 Galtier Street
1600 University Ave W#4 SENATOR Stint Paul, 1VIN 55103
Saint Paul,MN 55104 90S LAKEVIEW
Executiva Director SAINT PAUL MN 55117 Northwest Sector Police
LrNIVERSTTY UNTI'ED Commander
160o uNNERSrrY AvE w#4 615 W University Ave
ST PAUL MN 55104 5aint Paul, MN 55103
(which is the last known addresses of said person) and depositing the same, with postage prepaid,
in the United States mails at 5aint Paul, Minnesota.
� � —
TROY GILBERTSON
Subscribed and sworn to before me
this 1 st day of November, 1996.
� � a R CARRIE A. DEFOE s
���i ,Q� Cr/'� NOTARY PUBUC-MINNE80TA
Notary Public -. RI►MSEV COUNTY
� �: ` W Commistlo�Expira Ju�.91.2000
EX�IIBIT #4 r �
�rorres o��v�e� - - - -
' , Cnrreac�Szchs�e Licaase Agpltcatiun � l �
of�apitd ChocY Cuhi� �`p—��q
477 Rice Street ' �FIDAVIT OF PUBLICATION
Saint Panl,Mianesota 6d10S
-Otfice of'AdmiaistraUve Heiisiags.
on the behaif of the
t�OUI[C�I.ql�T�CITY OF 8AY1rT PAUL '
F�,�,�E1�F,T�►K�NQTTCTs tt�t,teet#�ony Will be takett f�om iatereafvd�ersons,.dul sworn, on oath sa s that he is the
�:��e��},qg���q¢e �tn,=vit��� �,ou�u,��ty with reepecc t�"the`�tp�ii��tion of Y Y
!_��pital��ol��ehi��te�pca'a€e��e�trrency exchaage by liceii�e issicced�underkown as tY1e St. Paul Legal Ledger and has
�[���tat���e�i.���•��, ,, ,, . . . : �ich are stated below•
'i���rySf�f�5�i�'��e��juirt��he 8gp�iival or�isap�i'oval�f tl�tC s���a�rpItcation .
�'�*°t��,gay,ei�(i���bbd� afLtr putslis2�ed notice and h�aring,within 80 days after'.
��e�gt,q��We.a�pli.ca�on._ " bmplied with all of the requirements
�The�.2►earirig wiIl. lae conducted by an administrative law judge from the�al newspaper, as provided by Minnesota
l�i#taesota Offtee of Adminisirative Iiearings, on t�et�f of tt�e coun,c�1 of tx►ed other applicable laws, as amended.
'�fCy�f Saint Paul. His or her report, and recommendation.for action,-will be
�far�varded to the Council for its action.
Date of Pablic 8earia�: Wednesday, Novembei 6, 1996 [c hearing which is atta.ched was cut from
�ime: 8:so a.m. °r and was printed and published once; it
� Loestion of Pnbiia Hearia�: � .y, the 30th day of October, 1996; and
xamaey county Courthouse .e lower case alphabet from A to Z, both
Room 41, Lower Level _ �
�5 west tcellogg souievard knowledged as being the size and kind of
st. Paul, Minnesota 55102 tnd publiCation of said notice:
�If you have any,questions, please cal� Chriatiae Rozek. Offiee of License,!
,Inspections and Enviropmentai Frotection at 268-9108. ;hijklmnopqrstuvwxyz
' (October 30, 1996)
Subscribed and sworn to before me this 30th day of October, 1996
� BARBARA A.ST.MARTIN •
NOTARY PIfBLIC-MINNE50TA
DAKOTA COUNTY
+. My Comm.Expires Jan.31,2000
■ •
Rate Information
(1)Lowest classified rate paid by commercial users for comparable space is$N/A.
(2) Maximum rate allowed by law for the above publication is$56.07.
(3)Rate actually charged for the above publication is$48.76.
EXHIBIT #5
�.A ��'��-.�=�.:-=o:- -�"`r=_ - -':r7;r__
.J"'�:�v:�,
_ a-
��v.��:y^'� r- :�r,
�Zi% 'AA' i`�i:1�=�,2c,C_ r.
•�:
�:: ��-����3
=;;; s3a.oi cc:�.�c�'E\CHA.\CES �ZSB
� �:,
J '�� CHAPTER 53A
�.
�r�::
. � �� . �� �'; CURREI�'CY EXCHANGES
_ _�::
��:
i' S3A.01 Definitions. 53.4.07 Fi;ing of fees;unreasonable fees.
�'' S3.�.0? Liccnx. 33.4.08 Bond.
' S3A.03 Application for 1:::�se:fees. 53.a.OS1 .4nnual repo,^t and investigations.
. •,: °
. �. -r 53.�.04 :�ppro�•al or te-:�]of an 53A.09 Powers;linita:ions;prohibitior.s.
,. -a �. aPPlication. 5?A.10 \'iolations.
53A.05 Change of nar.:e,c��e:ship,or 53.4.11 Books of account;aanual repon.
' locatioa. 53A.12 Rules.
�' S3A.06 Fine,suspensica,cr revocation of 53A.13 Fee noticr,false ad��ertising;
;' licease. ptnalty. •
.:.
� ''�` 53:�.01 DEFI\ITIO\S.
,�� "�'�
�,�.,�:•,:�;�: `: Subdi��ision 1.Currencp exchange."Currency exchan¢e"means any person,except
:«''��'.;— �' a bank, trust compzny, sa�•ings bank, savines and loan association, credit union, or
+ ��_ industrial loan and thrift company, eneaged in the business of cashing checks, drafts,
�_ ,. .:� _ money orders, or tra�•elers' checks for a fee. "Currency exchange" does not include a
::R; � ti; person w•ho provices these ser��ices incidental to the person's primary business if the
- _ charge for cashin¢ a check or draft does r.ot exceed 51 or one percent of the ��alue of
the check or dra`t, whiche�•er is ¢rea;er.
- Subd. 2. Commissioner. "Commissioner" means the commissioner of commerce.
- Histon•: 1989 c?9i s 1
= 53.�.02 LICE\SE.
'� ' Subdi�•ision I.Requirement.A person ma}•not eneaee in the business ofa currency
� exchange w•ithout 5;st obtaining a license from the commissioner. \'ot more than one
place of business mav be operated under the same license,but the commissioner m2y
issue more than ore license to the same licensee upon compliance by the applicant with
' all the provisions of this chapter for each new license issued.
,i Subd. 2.Distance limitation.\'o]icense ma}•be issued or renew•ed under this chap-
ter if the place of bLSiness to be operated under the license is located or proposed to
_ be located �•ithin one-half mile of another ]icensed currency exchange. The distance
"? limitation imposed b�•this subdi��ision is measured by a straight line f;om the closest
�` points of the closest structures invol�•ed.
Subd. 3. Prohibirion.A licensee ma�•not contract w•ith another person or business
entity to manage the currenc}• exchange business. This subdi�•ision does not prohibit
_ the licensee from er;ploying persons to operate a currency exchange facility.
Histon�: 1989 c?�7 s 2; 1992 c 504 s 2
`` 53:�.03 APPLIC:�TIO\' FUR LICE\SE; FEES. �A6ti�L�G1���� S� ��f'P}�-(,�� �
(a) An application for a license must be in w•riting, under oath, and in the form
prescribed and furnished by the commissioner and must contain the follow•ing:
(1) the full name and address(both of residence and place of business)of the appli- ,
cant, and if the app]icant is a partnership or association, of every member, and the
- name and business address if the applicant is a corporation;
(2) the county and municipality, with street and number, if any, of all currency
exchange locations operated by the applicant; and
(3) the applicant's occupation or profession,for the ten years immediately preced-
ing the application;present or previous connection with any other currency exchange
'��. in this or any other state;whether the applicant has ever been convicted of any crime;
and the nature of the applicant's occupancy of the premises to be licensed;and if the
applicant is a pannership or a corporation,the information specified in this paragraph
must be supplied for each partner and each ofi'icer and director of the corporation. If
�:
EXEIIBIT#6
�
-��
� ,�
� �-cb.---��c� 3 �-� ;�.:
� ��s9
+ CGRRE\CY EXCHA\CES 53A.05 �
� the applicant is a partnership or a nonpublicly held corporation,the information speci-
fied in this paragraph must be required of each panner and each officer, director,and
i stockholders owning in excess of ten percent of the corporate stock �,
of the corporation. K
( (b) The application shall be accompanied by a nonrefundable fee of S2�0 for the �� �
review of the initial application. Upon approval b;� the commissioner, an 2dditional
1" license fee of 5�0 must be paid by the applicant as an annuzl license fee for the remain- �
der of the calendar�•ear.An annua!license fee of S�0 is due for each subsequent calen- �
j dar year of operation upon submission of a ]icense renew•al application on or before `'
December 1. Fees must be drposited in the state tre2sury and credited to the general �
fund. Upoa pa}�ment of the required annual license ;ee, the commissioner shall issue r
a license for the �•ear beeinning January 1. ��
(c) The commissioner shall require the applicant to submit to a background inves- '
tigation conducted by the bureau of criminal appreher,sion as a condition of licensure.
As part of the background in��estieation,the bu;eau of criminal apprehension shall con-
duct criminal histor}�checks of�4innesota records and is authorized to exchange 5nger• j
t:
pr�nts w�ith the Federal Bureau of In�•estieation for the purpose of a criminal '�
background check of the nationai files. The cost of the in�•estigation must be paid by
the applicant. �
(d) For purposes of this section, "applicant" inc]udes an emplo}•ee w�ho exercises
man2eement or policy control o��er the comp2ny,a director,an offi,cer,a limited orgen-
eral panner,a manager,or a shar:holder holdins more than ten percent of the outstand-
ing stock of the corporation. ` _
- Histon�: 1989 c?47 s 3; J99?c�0�f s 3 �
53--�•Ua :�PPRO�:�I, OR DE\L�L OF,�,\AppLICATIO\.
(a) «'ithin 30 da��s after the receipt of a complete application. the commissioner '
shall deny the application or submit t};e application to the go�•erning body of the local
1
unit of go�•ernment in w�hich the applicant is located or is proposing to be located.The �
co:nmissioner ma�•not appro��e t?�e application w•ithout the concurrence of the go�•em- ��
ing body. The go��erning body� sha?1 ei�•e published notice of its intention to consider '
the issue and shall solicit testimor,y from inte;ested persons, including those in the
community in which the applicar.t is located or is proposing to be 1ocz;ed.If the go�•ern- r"
ing body has not appro��ed or disappro�•ed the issue a�ithin 60 da��s of receipt of tbe '
aFPlication,concurrence is presumed. The commissioner must appro��e or disapprove S.
the app]ication w�ithin 30 da��s from recei��ing the decision of the go�•erning body.The �•
go��erning body shall ha�•e the sole responsibilit�� for its decision. The state shall ha.•e
no responsibility for that decision. �
+::
(b) Itthe application is denied, the commissioner shall send b}�mail notice of the f�
denial and the reason for the denial to the applicznt at the address contained in the �'.
application. If an 2pptication is denied,the applicant ma}•, w•ithin 30 da}�s of recei�ing �
the notice ofa denial,request a contested case hearing pursuant to chapter 14;provided �;
that if the denial is based upon the refuszl of the go�•erning body to concur the go��ern-
ing body must afFord the applicant a hearin¢. The applicant shall ha�•e no right to the t'
hearing pro�•ided for in this section if the denial is based upon the governing body's '
refusal to concur but shall ha�•e a hearing before the go��erning body. ��
(c) 7'his section applies to initial applications and renewal applications. t�
k
(d) The state shall ha�•e no responsibility for the action of the go�•erning body.
�.
History: 1989 c 297 s 4; 1992 c 504 s 4 ��
ti
53A.05 CHa:\GE OF\A�1E, O��'N£RSHIP, OR LOCATION. �
Subdi�•ision 1.1ame or location.If a licensee proposes to change the name or loca- ��
tion of any or all of its currency exchanges, the licensee shall file an application for ��
approval of the change �•ith the commissioner. The commissioner sha]] not approve
a change of location if the requirements of sections 53A.02,subdivision 2,and 53A.04
ha�•e not been satisfied. If the change is approved by the commissioner, the commis-
.���;�,,..
�.sr.�?;�.; -
��"=':'�
.--�'�.'.—'' -r����f 1� -
�� �- ��� �.�.-��a3
=� -�_::
�� '�',�'.; 53.�.05 CtRRE�CY EXCHA.�GES �'90
:. �' ��:_ ;
�� .r .� M:.�
` � �=� sioner shall issue an arnended license in the licensee's new name or location.A 550 fee ;
s- ` � -;.�; must be paid for the amended license.
V �'' Subd. 2. Ow�nership.The licensee shall notify the commissioner 30 business days y
: �.� . x
~ -��-�:..,ti��;,: in advance of any cl:znge in ownership of the currency exchange. The commissioner
.�`��=>.: may revoke the cur,ency exchanee license if the new ow�nership would ha�•e resulted
'` � ��;: in a denial of the initial license under the provisions of chapter 53:�. _
-:�«
�jr~--�' Histon�: 1 S89 c?Y7 s 5; 1992 c 504 s 5
,- . �;.
;�: 53A.06 FI\E, SL'SPE\SIO\, OR RE�'OCaTIO\ OF LICE\SE.
�' �� • •� (a) The cemmiss:oner may suspend or re�•oke any license under section 4�.027 if
z:
the commissioner f,-:ds that:
(1) the licensee}:as failed to pay the annual license fee or to maintain in effect the
required bond or to comply w�ith any order, decision, or finding of the commissioner
"" � under Law•s 1989, c'r.apter 2�7;
o.i (2) the licensee,or 2ny officer or director of a corporate licensee,has violated any
�=� pro��ision of Law•s 1 S"s9, chapter 247, or any rule or order of the commissioner under
� this chapter or chap�er 4�;
, .
��; (3) the licensee,or any oRcer or director of a corporate licensee,has�•iolated any
other law w�hich w�o�.:ld indicate that the person is untrustw•orthy or not qualified to
t �= operate a currency exchanee; or
(4) an}•fact or condition exists w�hich, if it had e�isted at the time of the orieinal
or renewa]applicatiea for the license,w�ould ha��e w�arranted the commissioner refusing
the issuance of the license. ,
�� (b) �license r,-,a}�not be re��oked until the licensee has had notice of a hearing pur-
- , suant to the pro��isiens of chapter 14.
� (c) A licensee r:a��surrender an}•]icense b}•deli�•ery to the commissioner.The sur-
render does not affect the licensee's ci�•il or criminal liabilit}•for acts committed before
the surrender, or a=ect the liability on the bond required by this act, or entitle the
licensee to a return of any part of any license fee.
(d) Be;ore susp:nsion or re��ocation of the license, the commissioner ma�• fine a
licensee for ��iolations of Law�s 1939, chapter 247, as authorized under chapter 4�.
Histor��: 1939 c?47 s 6
53A.07 FILI\G OF FEES; L;\RE?,SO\:�BLE FEES.
• Subdi��ision 1.Appro��al of fees.Fees chareed at each location for check cashing ser-
�•ices must be filed ��ith and approved by the commissioner.
Subd. 2. �mendment of fees. A licensee may amend its fees at any time by filing
the proposed amendments w�ith the commissioner. The application for amendment
_ shall be in w�ritine,under oath,and in the form prescribed by the commissioner.A fee
of 5�0 shall accorr,pany the application. The commissioner shall approve or deny the
application 60 da}�s after the filing of a complete application to amend its fees.
Subd. 3. Standuds; unreasonable fees prohibited. The commissioner may disap-
pro�•e the fees filed b}�a currency exchange if they are not fair and reasonable.In deter-
mining w�hether a fee is fair and reasonable, the commissioner shall take into
consideration:
(1) rates chareed in the past for cashing of checks by those persons and organiza-
tions pro�'iding check cashing services in the state of T�innesota;
(2) the income,cost,and experience of the operations of currency erchanges exist-
ing prior to this enactment or in other states under similar conditions or regulations;
(3) the amount of risk involved in the type of check to be cashed and the location
where the,eurrency exchange operates;
(4) the general cost of doing business,insurance costs,security costs,banking fees,
and other costs associated with the operations of the panicular currency exchange;
;:
.— _ �:��>
, -� *���
1?91 Cl'RRE\CY E\CH:L\GES 5������ , -
1
(5j a reasonable profit for a currency exrhange operation; and •�-'"�,
(6) any other matter the commissioner deems appropriate. .�
� �
The commissioner shall set a separate rate, consister.t w•ith the abo�•e standards, for _
checks issued by a government entity in an amount up to 5�00 to be cashed by a cur- ` `•
rency exchange. � ``''° �`
History�: 1939 c 247 s 7 �
� .
53:�.03 BO\D. E t
Before a license may be issued to a currency exchanE:,the applicant shall file annu- �:
ally«•ith and ha��e appro�•ed by the commissioner a surety bond, issued by a bonding r � ~
company authorized to do business in this state in th: principal amount of S 10,000. �
The bond must run to the commissioner and is for the benefit of creditors of the cur-
rency exchanee for liability incur;ed by the currency exchange on money orders issued -
or sold by the currency exchange, for liability ir,curred by the currency eYChange for
sums due to a pa�•ee or endorsee of a check,draft,or money order left wzth the currency
exchange fo:collection,and for liability incurred b}•the currency exchange in connec- �
tion w•ith pro��iding currency exchange ser�•ices. The commissioner may require a
licensee to file a bond in an additional 2mount if the commissioner considers it neces-
sary to meet the requirements of this section. In determining the additional amount of
the bond w•hich may be required, the commissioner m2�•require the licensee to file its
financial records, including all bank statements,pertainir.g to the sale of money orders
for the preceding 12-month period. In no case may the bond be less than the initial
S 10,000 or more than the outstanding liabilities.
Histon•: 1959 c 247 s 8; 1992 c:04 s 6 �
53.�.081 A\\UAL REPORT�\D I\«STIGATIO\S. ,
Subdi��ision 1..4nnual report.Oa or before Afarch 1, a licensee shall file an annual -
report w•ith thz commisSioner for the pre��ious calendar�ear.The report must contain
information that the commissioner may reasonably require concerning, and for the
purpose of ex2minir.e,the business and operations of e2ch licensed currenc}•exchanee.
Subd. 2. Im�estigation.The conmissioner may at an}�time and shall at least once
in each}�ear in�•estieate the currenc}�exchange business of an��licensee and of e�•ery per- z=
son, partnership, association, and corporation eneaged in the business of operating a
curenc}• exchanee in the manner pro�•ided under section 45.027.
Subd. 3. Fees and expenses.The licensee shall pay the costs of an examination or 4°
in��estieation in the manner pro��ided under section 60A.03, subdi��ision 5. ;
History: 199?c�04 s 7
53�.09 PO«'ERS; LI�IITATIO\S; PRO�iIBITIO\S. �
A currenc��exchange may not accept mone�•or currency for deposit,or act as bailee `-�
or agent for persons, firms, pannerships, associations, or corporations to hold money 4
or currency in escrow�for others for any purpose. How�e��er, a currency exchange may `
act as agent for the issuer of money orders or tra�•elers' checks. �
Histon•: 1989 c?-�7 s 9 �.
L
53.�.10 �ZOL�TIO\S. �
�ny person,firm,association,partnership,or corporation that�•iolates Law•s 1989,
chapter 247, shall be guilty of a misdemeanor. � �
Histon�: 1989 c 247 s 1 D �.
53a.11 BOOI:S OF ACCOUNT; Ati\U.�,L I2EPORT.
The licensee shall keep and use in the licensee's business the books,accounts,and
records that w•ill enable the commissioner to determine w�hether the licensee is comply-
ing with the pro�•isions of Law�s 1939, chapter 247, and w�th the rules adopted by the
� °`,� 'a�:; .:r«;�:�.,,_ :
'J3��J� ,�''r�.
��� �;'` _ �ar����:?'
-�. -.:-',;�..:.�cn�"..'-��
�^_�p, �eiC't^�'�6.3:.;�
�. Va'•+����`Q=�y
`��`� -f: ��--��c��
�1
� �,..,.;
�� �Y`'f • 53A.11 Ci.'RRE\Cl'EXCHA�GES
. �t�=' 1292
, .�..;;
� `'� "�-. commissioner. A licensee shall preserve the books, accounts, and records for at least
�
'�`� two years after naking the final entry.
.._��w:�,
�,�'� ,:��:��=
:,.�• '�-- History: 1989 c 147 s 11
:4`'�t`.
-'y..:�'s^
..;�. 53A.12 RUI.ES.
� =�;
�-:' 1'he commissioner may adopt rules under chapier 14 as may be necessary to
��` administer and enforce this chapter.
.� . . `.
� • `'='- Histon•: 19&9 c 297 c 12
�'.�,,. -,
--�: r� -. �.�;:
- �;'`�':: � 53A.13 FEE \OTICE; F.�LSE AD��RTISI\G; PE1.�.LT�',
��
'_�YR:'� Subdivision 1. Fee notice. The fees charged by currency exchanges for rendering
: ` - •'';�, any service authorized by this act must be prominently displa}•ed on the premises of
�"y� � ..;�' the currency exchznge in the fashion required by the commissioner.
�: _
��' � �`'�= Subd. 2. False ad��ertisin 4 licensee ma not ad�•ertise p , publish,
;�`� . , S• • y , print, dis lay
--`�L,,, - distribute, or broadcast any statement or representation that is false, misleading, or
�:�; . ��.
"£�h�*: . :; deceptive, or that omits material information.
�� � ��_ Subd. 3.Ci�illiabilit�;penalh.A person��ho violates any subdi�•ision of this chap-
� . �- ter is liable to the person damaeed b}•the violation for actuzl damages.The court may
`�" �- =s; aw�ard reasonable attorney fees and costs.
�.-
History: 1989 c?97 s 13 �
i; 53A.14 [Repealed, 1992 c 504 s 8j ,
�
,
'}
-�;
.-,
�
-
�
'�.
� .
f
.
i �
. .
i
' a-.
I _.��.'�"�_'_�_�_ . .... .. .
1
169 Cl'RRE\CY EXCHANCES 53.4.03
i
i
' CHAPTER �3�
� ����
CURREi�CY EXCHA\GES � � �
53.4.G3 A��lication for license;fees.
53A.03 �PPLICaTIO\' FOR LICE\SE; FEES.
(a) .4n application for a ]icense must be in a�ritine, under oath, and in the form
prescribed and furnished by the commissioner and mest contain the following:
(I) the full name and address(both of residence and Y±�ce of business)of the appli-
cant, and if the applicant is a pannership or associatio�, of e�•ery member, and the � ,°,
name and business address if the applicant is a corpor�;ien; .�
(2) the county and municipality, w•ith street znd n;::7ber, if anv of all cur -
exchanee locations o erated b th �
., rency
e �
P Y ppl�cant; and .
(3) the applicant's occupation or profession,for the;cn�•ears immediately preced-
ing the application; present or pre��ious connection w•ith �:,}�other currency exchanee
in this or zn}�other state;��hether the 2pplicant h2s e�•er�;en con�-icted of any crime;
and the nature of the applicant's occupancy of the prem:ses to be licensed; and if'the
applicant is a pannership or a corporation,the informat:oa specified in this paragraph
must be supplied for each panner and ezch officer and e:rector of the co;poration. If
the applicant is a partnership or a nonpublicly held corpo-�;ion,the information speci-
fied in this para£raph must be required of each panner z-:d e2ch ofricer, director, and
stockholders o��ning in excess of ten percent of the corpor�te stock of the corporation.
(b) The application shall be accompanied by a non,-e;'undable fee of 5250 for the
re��iew• of the initial application. L'pon 2ppro��a] by the co:nmissioner, an additional
license fee of S�0 must be paid b��the applicant as an annual license fee tor the remain-
der of the calendar�ear..4n annual license fee of 5�0 is due for each subsequent calen- �
dar��ear of operation upon submission of a license renew�al application on or before
September 1. Fees must be deposited in the state tre2sun��nd credited to the ¢eneral
fund. Upon pa�•ment of the required annual license fee, the commissioner shall issue
a license tor the ��ear beginning Januan• I.
(c) The commissioner shall require the applicant to submit to a background in�•es-
tieation conducted by ihe bureau of crimina]apprehension as a condition of licensure.
.As part ofthe background in.•estigation,the bureau ofcrim;nal app;ehension shall con-
duct criminal histon�checks of'�4innesota records and is au;horized to exchange finger-
prints w•ith the Federal Bureau of Jn��estigation for the purpose of a criminal
background check of the national files. The cost of the in��estieation must be paid by
the applicant.
(d) For purposes of this section, "applicant" includes an emplo��ee �•ho exercises
management or policy control o��er the company,a director;an ofricer,a limited or gen-
eral partner,a manaeer,or a shzreholder holding more than ten percent of the outstand-
ing stock of the corporation.
Histon•: 199j c 354 s 1
,y
,,,�
an.. .: � ,r.;•
' r:t�,�m+�iC
.� �8. .r. . __�''Sct'��
S
CITY OF SAINT PAUL
INTERDEPARTMENTAL ME�IORANDUM � � I ���
I
DAT}s: November 20, 1996
TO: Nancy Anderson
FROM: Troy Gilbertson
RE: Currency $xchange License Hearings
Please schedule the following currency exchange hearings before the City Council
on December 4, 1996.
Capital City Check Caehing
477 Rice Street
International Currency Exchange
942 Payne Avenue
Ramsey Financial
577 University Avenue E
Unbank Company
1098 University Avenue
Unbank Company
467-469 St. Peter Street
I have attached copies of the resolution and the ALJ's finding of fact and
conclusione. Capies of the exhibite submitted by the City should already be in
your file. 2 can be reached at 266-9101 for any questions you may have.
�w.r __ _,_ __ _
OFFICE OF LICENSE,INSPECTIONS AND
ENVIRON�tENTAL PROTECTION
Robertkessle.�,Direcror �� `���
� . . CITY OF SAINT PALJL LU1f�RY PROFESSIONAL Te(ephone:612-166-9090
# A'or�n Colemnn,iLluyor BUILDING Facsimile: 612-�66-909v'
S�dte 300 612-266-912a
350 St.Peter Srreet
Sa�nr Paul,�L(innesota SSI02-ISIO
��
October 29, 1996
Terrence Magill
5072 Isle Avenue North
Lake Elmo, MN 55128
Re: Cunency Exchange License Application
Dear Mr. Magill:
The City of Saint Paul Office of License, Inspections and Environmental Protection has
received notification from the Minnesota Department of commerce of your currency
exchange license application for Capital City Checking Cashing located at 477 Rice
Street, St. Paul, MN 55103.
Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the
local governing body after published notice and hearing.
The hearing will be conducted by an administrative law judge on behalf of the Council
of the City of Saint Paul. The hearing will be held Wednesday, November 6, 1996 at
8:30 a.m. in the Ramsey County Courthouse, room 41, 15 West Kellog Boulevard,
Saint Paul, Minnesota. Your attendance at this hearing is extremely unportant,
especially if any adverse testimony is presenfed to which you wish to respond.
The Saint Paul Legislative Code Section 381.02(c) directs the license applicant to pay a
fee to the City covering the costs of administering and processing the currency exchange
application. The fee for this application is $317.00 and must be paid within (15) days
of the receipt of this letter. The Code further requires the applicant to reimburse the
City for its costs in conducting the hearing(s) prescribed by State Law. You may be
billed for those costs after the hearing(s).
� . -
For your convenie \����3 '
Section 381 nce, a copy o f the
has been enclosed. r f notice of hea '
Rozek at 266-9108. you have an nng as Well as the Cit
Y questions, pleaSe �o y �rd�ance
Sincerely, n�act C�St�e
�'` ��'��--_
Tro G•
Y �ibertson,
License Enforcernent Auditor
Enclosure
cc: Virg�a pa�er, Assistant Cit
Y Attorney
• ' OFFICE OF LICENSE,INSPECTIONS AND
ENVIRO\\fENTAL PROTECTION
Robert Kessler,Director ������
CITY OF SAINr PAUL L/CE,vsE_���n Telephone:6/2-?66-9///��
N'orm Coleman.1/nyor !.�'SI'ECT:�i\;S hacsimiJe:6/3-?�/-9!'�
3 i 0,St.Per_�Su�et
Srure 3�i0
ScuntPau�..'.;rnncc.sota �.ilU'
���
NOTICE OF PUBLIC HEARING
Currency Exchange License Application
of Capital Check Cashing
477 Rice Street
Saint Paul, Minnesota 55103
Office of Administrative Hearings
on the behalf of the
COUNCIL OF THE CITY OF SAINT PAUL
PLEASE TAKE NOTICE that testimony will be taken from interested persons, including
those in the community with respect to the application of Capital Check Cashing to
operate a currency exchange by license issued under Minn. Stat. §53A.02.
Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the
governing body, after published notice and hearing, within 60 days after receipt of the
application.
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. His or her
report, and recommendation for action, will be forwarded to the Council for its action.
Date of Public Hearing: Wednesday, November 6, 1996
Time : 8:30 a.m.
Location of Public Hearing:
Ramsey County Courthouse
Room 41, Lower Level
15 West Kellog Boulevard
St. Paul, Minnesota 55102
If you have any questions, please call Christine Rozek, Office of License, Inspections
and Environmental Protection �t 266-9108.
' ,-:
k�
. - ,
��.-�`��3
Clilpter 381. Currency Exchanges
Sec. 381.01. State license required; definition.
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) Pr�ocedacr•es. 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
hearin; as required by state law within the period allowed for the response of the governing body.
The hearinD 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 Legislative Code. The said office shall publish
and give notice as required by law.
(b)Hearing. 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 administrative hearings, to the extent such rules are not in conflict with
sections 310.05 and 310.06.
(c)Fee; cost.s. The applicant shall pay, within fifteen (15) days following receipt of the
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 proceedings
and hearing before an independent hearing examiner.
(C.F. No. 94-46, � 3, 2-2-94)
Sec. 381.03, Grounds for dis�pproval, etc.
(a)Disappr•ovcrl. 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 the 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 cammerce before the effective date of any such resolution where necessary
to avoid a presumption of concurrence.
. ,
������
(b) Grv�incfs for di.sapproval. Disapproval of an application may be based on one (1) or
mor-e of the following grounds, in addition to any other ground allowed by law:
(1) Violation of any provision of the state currency exchan;e law contained in Chapter
53 A.
(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 effect
must be shown by clear and convincing evidence.
(ii) The existing currency exchanDe has caused significant adverse
consequences or impacts upon the neighborhoods within three hundred
(300) feet of the exchan�e.
(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 conditions could include, but are not limited to, hours of operation,
off-street parking rec�uirements, 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 character and repute and/or is unfit to operate
such a business. .
(7) The applicant is not at least eighteen (18) years of age.
(8) The applicant is not the real party 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
application may be denied if there is a basis for denial as to any (i) shareholder holding more than
tive (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 po(icy or manajement control over the
enterprise.
' r.
��\�°�-�
(C.F. No. 94-46, � 4, 2-2-94)
Sec. 381.04. Definitions.
The following words and/or phrases shall have the followinD meaning when used in this
chapter and in Chapter 310 of the Legislative Code.
(a)Applicartt. The term "applicant" 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, �eneral and limited partners, shareholders of more than five (5)
percent of the outstanding or issued shares of a corporation, and corporate managers, of�'icers 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) C'urrency exchanRe. The term "currency exchange" is defined in Minnesota Statutes
Section 53A.01, subdivision 1. 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)
••;;�o•.
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS �.y t _,_\���
100 Washington Square, Suite 1700 ��o
100 Washington Avenue South
..�. .`.
Minneapolis, Minnesota 55401-2138
November 14, 1996
Fred Owusu
City Clerk
170 City Hall
15 W. Kellogg Blvd.
St. Paul, MN 55102
Re: In the Matter of the Currency Exchange License Application of
Capital City Check Cashing; OAH Docket No. 60-2111-10798-3
Dear Mr. Owusu:
On November 8, 1996, Administrative Law Judge Harrigan served the Findings
of Fact, Conclusions and Recommendation in the above-entitled matter. Enclosed
please find the official record in this case. The application was unopposed and not tape
recording was taken of the proceedings. Our file in this matter is closed.
Very truly yours,
G��r-� LG� •
ancy . Thomas
Docket Clerk
Telephone: 612/341-7615
NT
Enc.
Providing Impartial Hearings for Government and Citizens
An Equal Opportunity Employer
Administrative Law Section&Administrative Services(612)341-7600 •TDD No. (612)341-7346 � Fax No. (612)349-2665
`�-`� \�
STATE OF MINNESOTA )
) SS. AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF HENNEPIN )
Luann Skrivseth, of the City of Minneapolis, County of Hennepin, in the State
of Minnesota, being duly sworn, says that on the 8th day of November, 1996, she
served the annexed FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION
on:
Capital City Check Cashing
,�`77 Rice Street
St. Paul, MN 55103
Philip B. Byrne
Assistant City Attorney
400 City Hall and Courthouse
15 West Kellogg Boulevard
St. Paul, MN 55102
by mailing to said person a copy thereof, enclosed in an envelope, postage prepaid,
and by depositing same in the post office at Minneapolis, Minnesota, directed to
them at the last known address of said person.
��
� _
Subscribed and sworn to before me
this 8th day of November, 1996.
Notary Publi
y WIWAM J.HANLEY
NOTARY PUBLIC•MNN�80TA
1Yly Ca�ror�IOn b�Ires An,11.Z000
� .' . . __' .. . _ . .. .
` OFFICE OF LICENSE,INSPECTIONS,A��ID
EN�TRON1fENTAL PROTECTION
Robert kessler,Director ��`����
— r:�f'.' •-• (' i 1./�_,' "
k i �'
CITY OF SAINT PA �'' �.a (�. 1 b LOH�RY PROFESS/ONAL Teiephone:612-?66-9090
� A'orm Colemnn,�L/ayor � �L� � � ��k� " 4�' BUILDING Facsimile: 612-166-909v
!
,� , r � S�dre 300 612-266-912a
N.)i �:i t�� I t ' i i C 350 Sr.Peter Street
!%`P,'_'�!>-;r-`,�
I+l.r1(l i s�v J Samt Puul,Alinnesota 55102-I SIO
�.
October 29, 1996
Terrence Magill
5072 Isle Avenue North
Lake Elmo, MN 55128
Re: Cunency Exchange License Application
Dear Mr. Magill:
The City of Saint Paul Office of License, Inspections and Environmental Protection has
received notification from the Minnesota Department of commerce of your currency
exchange license application for Capital City Checking Cashing located at 477 Rice
Street, St. Paul, MN 55103.
Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the
local governing body after published notice and hearing.
The hearing will be conducted by an administra.tive law judge on behalf of the Council
of the City of Saint Paul. The hearing will be held Wednesday, November 6, 1996 at
8:30 a.m. in the Ramsey County Courthouse, room 41, 15 West Kellog Boulevard,
Saint Paul, Minnesota. Your attendance at this hearing is extremely important,
especially if any adverse testimony is presenfed to which you wish to respond.
The Saint Paul Legislative Code Section 381.02(c) directs the license applicant to pay a
fee to the City covering the costs of administering and processing the currency exchange
application. The fee for this application is $317.00 and must be paid within (15) days
of the receipt of this letter. The Code further requires the applicant to reimburse the
City for its costs in conducting the hearing(s) prescribed by State Law. You may be
billed for those costs after the hearing(s).
����q3
For your convenience, a copy of the notice of hearing as well as the City Ordinance
Section 381 has been enclosed. If you have any questions, please contact Christine
Rozek at 266-9108.
Sincerely,
�������
� �
Troy Gilbertson,
License Enforcement Auditor
Enclosure
cc: Virginia Palmer, Assistant City Attorney
• � ' OFFICE OF LICENSE,INSPECTIONS AND
ENVIRO\'\fENTAL PROTECTION
Robert Kessfer,Drrector �l�„_`�� C
�W J
CTI'Y OF SAINT PAUL Ln-E,vsE���c� Telephone:6/?-J66-9//�/i
.Norm['ofeman.;1/nJ�or I.�v'SPE(.'T,'(i�:S F«c.�imile:6/?-?b/,_9/]a
3 i 0 St.!'etz�SU eet
Srute 300
Sainr P��neL^.;innc:sotu �?l U?
�i�
NOTICE OF PUBLIC HEARING
Currency Exchange License Appiication
of Capitai Check Cashing
477 Rice Street
Saint Paul, Minnesota 55103
Office of Administrative Hearings
on the behalf of the
COUNCIL OF THE CITY OF SAINT PAUL
PLEASE TAKE NOTICE that testimony will be taken from interested persons, including
those in the community with respect to the application of Capital Check Cashing to
operate a currency exchange by license issued under Minn. Stat. §53A.02.
Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the
governing body, after published notice and hearing, within 60 days after receipt of the
application.
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. His or her
report, and recommendation for action, will be forwarded to the Council for its action.
Date of Public Hearing: Wednesday, November 6, 1996
Time : 8:30 a.m.
Location of Public Hearing:
Ramsey County Courthouse
Room 41, Lower Level
15 West Kellog Boulevard
St. Paul, Minnesota 55102
If you have any questions, please call Christine Rozek, Office of License, Inspections
and Environmental Protection at 266-9108.
. �
r
Chapter 381. Currency Exchanges
��-���
Sec. 381.01. State license required; definition.
No person shall engaje 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)Pr•ocedarr•es. 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
hearin� as required by state law within the period allowed for the response of the governinD body.
The hearina 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 Legislative Code. The said office shall publish
and give notice as required by law.
(b) Hearing. 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 administrative hearings, to the extent such rules are not in conflict with
sections 310.05 and 310.06.
(c) Fee; cost.s. The applicant shall 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 proceedings
and hearing before an independent hearing examiner.
(C.F. No. 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 reas.ons for so doing. It may adopt in whole or in part the 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 cammerce before the effective date of any such resolution where necessary
to avoid a presumption of concurrence.
�e���
(b) G��ozcru�r for disappf•ovczl. Disapproval of an application may be based on one (1) or
moi-e of the following grounds, in addition to any other ground allowed by law:
(1) Violation of any provision of the state currency exchan�e 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 Le�islative 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 effect
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
(300) feet of the exchan�e.
(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 conditions could include, but are 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 app(icant is not of good moral character and repute and/or is unfit to operate
such a business. .
(7) The applicant is not at least eighteen (18) years of age.
(8) The applicant is not�he real party 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 existin� 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
application may be denied if there is a basis for denial as to any (i) shareholder holdin�more than
tive (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 havin� po(icy or manajement control over the
enterprise.
-``[j�� `�
(C.F. No. 94-46, � 4, 2-2-94)
Sec. 381.04. Definitions.
The followin� words and/or phrases shall have the following meaning when used in this
chapter and in Chapter 310 of the Legislative Code.
(a)Applicarrt. The term "applicant" 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, jeneral and limited partners, shareholders 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 exchanRe. The term "currency exchange" is defined in Minnesota Statutes
Section 53A.01, subdivision 1. Currency exchanae 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) �