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96-1494 �"" � � � � �' e �i. � Council File # � � � �, � � r 1 �.. r 'd .a � : �� Ordinance # Green Sheet # ��7S RESOLUTION CITY OF SAINT PAUL, MINNESOTA 33 Presented By Referred To Committee: Date RBSOLVED, that the currency exchange license application by Curt Potts, d.b.a. International Currency Exchange for the premises located at 942 Payne Avenue 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 N�ys �� Requested by Department of: Bost:�om Office of License, Ins�ections and � � Environmental Protection Thun� � Guerin � �t o 3 � _ ,4/� Adopted by Council: Date �� B�'' Adoption Certified by Council Secretary gorm Approved by City Attorney BY By: � Approved by Mayor: Date .�- � "L � � `� Q ,,, Approved by Mayor for Submission to B C f��-�� Council Y� By: OFFICE OF LIEP DNovember �8, 1996 GREEN SHEET N° 3 517 8 �'�-I�9y BCA�6r 4� 1996 1 EPARTI�NT DIRECTOR 3 ITY COUNCIL ITY ATTORNEY ITY CLERK st be 011 C�UI1C11 Agenda by: UDGET DIRECTOR IN. & MGT. SVC. DIR. � YOR (OR ASSISTANT) OTAL � OF SIGNATQR}3 PAGBS 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTLD: Approval of currency exchange license renewal of International Currency Bxchange located at 942 Payne Avenue, Saint Paul. COd�NDATIONS: APPROVE (A) OR REJECT (R) OIW. 8=RVICi C�liTF11CT8 1QST 111fS1�R T� !'OLLCRIIN(3: PLANNING C�I3SION CIVIL 3ERVICE COhII�IISSION 1. Has the pefson/firm ever worked under a contract for this department? CIH C�ITTEE _ BUSINESS REVIEW COUNCII, YES NO STAFE _ . Has this person/firm ever been a City emplayee? DI3TRICT COURT _ YES NO . Does this person/firm pos'ess a skill not normally possessed by any UPPORTS WHICH COUNCIL OBJECTIVE7 Current City employee? YES � NO all Yss aasvrrs oa s srparat.� �hwt aad attaah. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Wh�r) : VANTAGES IF APPROVED: International Currency exchange will continue to operate. ISADVANTAGES IF APPROVED: one. ISADVANTAGBS IF NOT APPROVED: OTAL AMOUNT OF TRANSACTION S COST/REVFNUE BUDGETED YES NO FUNDING SOURCE ACTIVITY NUN�ER FINANCIAL INFORMATION: (EXPLAIN) � AASdBndt �i�1' NOV 2 � 1996 " � �-- � �� i 60-21 1 1-1 0797-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY COUNCIL OF THE CITY OF ST. PAUL In Re the Currency Exchange License Application of International Currency FINDINGS OF FACT, Exchange, 942 Payne Avenue, CONCLUSIONS AND St. Paul, Minnesota 55101 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. Curt Potts, applicant, appeared on behalf of International Currency Exchange. This Report is a recommendation, not 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-1 ►, 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. � � F 1 �� Based upon all of the proceedings herein, the Administrative Law Judge makes the following: 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. Curt Potts, 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 applicant, 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 . � � � � � � � � 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 International Currency Exchange. ,`/��.., Dated this� day of November, 1996, , / ,,�� G�! :L�� =" John W. Harrigan Administrative Law Ju ge G�� 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 9 CTTY OF SAINT PAUL INTERDEPARTMENTAL MII��ORANDUM � �� y y�, DATB: November 20, 1996 TO: Nancy Anderson FROM: Troy Gilbertson RE: Currency Exchange License Hearings Please schedule the following currency exchange hearings before the City Council on December 4, 1996. Capital City Check Cashing 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 conclusions. Copies of the exhibits submitted by the City should already be in your file. I can be reached at 266-9101 for any questions you may have. .. STATE OF MINNESOTA �t _�yC.�� .••"��'••., OFFICE OF ADMINISTRATIVE HEARINGS \Q 100 Washington Square, Suite 1700 _ 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 International Currency Exchange; OAH Docket No. 60-2111-10801-3 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, �� '/6��0 G� Nancy M. 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 ��\ycci� 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: International Currency Exchange 942 Payne Avenue St. Paul, MN 55101 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 ww.w��.ww�r NOTARY PI�LIC•MNN�OTA Mli C�r�tla b�lat�M�.�t.t00D ` . ' - OFFICE OF LICENSE,INSPECTIONS.�ND --------� - EN VIRON\tEN"I'AL,PROTECTION — - Robert Kessler.Dlrecror � - - - -- �i�\�q� CITY OF SAINT PAUL LUII�RY PRUFESSIOt�'.-lL Telephone:61?-?66-909�i �'orr»Colciii�n.�Ulu��or B(i1L.Ul�'�'G Fncsunrle: 61'-_'bf,-9U9�; .Sr�ite 300 612-?66-y1?a 3.i0 St.Peter Street Snint Patil,�:finnesotn ?:!0?-1 SIO r�.i�r October 29, 1996 Curt Potts 4549 Wentworth Avenue Minneapolis, MN 55409 Re: Currency Exchange License Application Dear Mr. Potts: The City of Saint Paul Office of License, Inspections and Environmental Protection has received notification from the Minnesota Department of commerce of your cunency exchange license application for International Currency Exchange located at 981 Payne Avenue, St. Paul, MN 55101. 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 presented 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 fiirther 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). __. _ _ _ _ � _ �1�--\��=t� 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 LICBNSG,INSP�CTIONS.•1ND E�VIRON�fE�`TAI,PROTECTION _ . . RobertKessler.Direcmr �-/`b—`�q� CITY OF SAINT PAUL L/C'ENSEA�%D Telephone:612-266-9/OG Norm Col�man.;1/o�•or I�VSPECT/ONS Fncsnnile:612-26G-9i?-! 3.50 St.Peter Srreet Suite 300 SnintPa+d.;Ifinnesorn .S_5102 ��.. . NOTICE OF PUBLIC HEARING Currency Exchange License Application of International Currency exchange 981 Payne Avenue Saint Paul, Minnesota 55101 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 International Currency Exchange 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 Pubiic Hearing: Wednesday, November 6, 1996 Time : 8:30 a.m. Location of Public Hearing: Rams�y County Courthouse Room 41, Lower Level 15 West Ke�log Boulevard St. Paul, Minnesota 55102 If you have any questions, please call Christine Rozek, Office of License, Inspections and Environmental Protection 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 pt-ovided by Nlinnesota Statutes Chapter 53.A. (C.F. No. 94-46, � 2, 2-2-94) Sec. 381.02. Procedures; hearing; fee. (a) Procedi�r•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 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 takin�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 rec�uired by law. (b) Hear•ing. 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; co.s•ts. The applicant shall pay, within fifteen (15) days following receipt of the application by the city, a fee covering the costs of administerin� and processing the application in an amount to be established in conformity with the procedures in section 310.09(b) of the Lejislative 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 hearin�s 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 disapprov�l, etc. (a) Disapprol�al. 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 findin�s 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 where necessary to avoid a presumption of concurrence. . _-_ _ `�O- `� `� (b) Circ�lrnc�'.s for•c�isappr�oval. 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 existinD 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 aric�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 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. . .- �.lQ�� (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) A�plicant. 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 liinited 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) C'zrrr•ency exchange. 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) " - -OFFICE OF LICENSE,INSPECTIONS A;�ID ^� \�� ENV'IRO\�fE�TAL PROTECTION �-� RobertKessier,Director CITY OF SAINT PALTL LOWRY PRUFESSlONAL Telephone:61'-?66-909r :Vonn Coleman,�ldayor BUILDING Facsimile: 612-?56-9094 S:�ite 300 612-366-9;2�1 350 St.Peter Street SaintPaul..l;�nnesota 55102-ISIO �� October 29, 1996 Patricia Potts 4549 Wentworth Avenue Minneapolis, MN 55409 - � � - Re: Currency Exchange License Application Dear Ms. Potts: 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 International Cunency Exchange located at 981 Payne Avenue, St. Paul, MN 55101. 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 presented 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 cunency 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). _ ��_��1� 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, �',��-�v�- /� �. Troy Gilbertson, License Enforcement Auditor Enclosure cc: Virginia Palmer, Assistant City Attorney � of�r-ic�or ucEr�sE,t�sFr:crio��s.�:vn E\VIRO��lENTrll.PRU1'ECT(O\ �t �,`` ,�` 1 Robert Kessler,Director �0� ��1' �� CITY OF SAINT PAUL L/C:E,VSEA.\'D Telephone:612-]66-91 UU Norm Colemnn,i1/nyor liVSPECT101VS Fncs+�»iI2:612-_'S6•913� 350 St.Peter Sn•eet S�ure 300 SrnnrPm�1.:4/innesotn i5l0? .��r NOTICE OF PUBLIC HEARING Currency Exchange License Application of International Currency exchange 981 Payne Avenue Saint Paul, Minnesota 55101 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 International Currency Exchange 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 ►aw 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. ;�-. ,��; �� Chapter 381. Currency Excha►iges 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)Procedzrres. 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 governing 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; 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 hearin� before an independent hearing examiner. (C.F. No. 94-46, � 3, 2-2-94) Sec. 381.03. Grounds for disapproval, etc. (a) Di.sapproval. 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 commerce before the effective date of any such resolution where necessary to avoid a presumption of concurrence. - `��-��,� (b) Grozirrds for•discrpproval. 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 tinder 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 ef�ect 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 b}� 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) Persorts 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 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. , : �� l� (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)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 manaDers, 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) C_'zrrrer�cy exchange. The term "currency exchan�e" is defined in Minnesota Statutes Section 53A.01, subdivision 1. Currency exchange means any person, except a bank, trust company, savings bank, savin�s 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) Q�-��t� CITY OF SAINT PAUL Norm Coleman, Mayor ADMINISTRATIVE LAW HEARING IN THE MATTER OF THE LICENSE APPLICATION OF INTERNATIONAL CURRENCY EXCHANGE AT 981 PAYNE AVENUE SAINT PAUL, MINNESOTA 55101 CITY'S EXHIBITS Notices: 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. tatute: 6. Minn. Stat. ch. 53A (6pp.). _ _ __ ' � - OFFICE OF LICENSE,TNSPECTIONS.�11�� - ---_ — — ENVIRONA4ENTAL PROTECTION � - RobertKessler,Director ��—``-�,q,� - - - _ _ _ — �v CITY OF Sf�.TNT PA� LOI�?2Y PRUFESSIO�;�L Telephone:6!?-?bh-9090 Nornt Colernnn,Mayor BCi11,DING Fncsimile: 512-_'66-9099 Suite 300 612-266-91?=l 350 St.Peter Street SnintPaul,�Lfinnesota 5�102J510 �Y.r October 29, 1996 Curt Potts 4549 Wentworth Avenue Minneapolis, MN 55409 Re: Currency Exchange License Application Dear Mr. Potts: 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 International Currency Exchange located at 981 Payne Avenue, St. Paul, MN 55101. 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 presented to which you wish to respond. The 5aint 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). EXIIIBIT #1 ��o\�cclV1 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 LICL'NSG,INSPGCTIOVS.-��D � ENVIRONt�fENTAL PROTECTION _ . Robertkessler,Director �`p�`�� . CITY �F S��T PAVL LICENSEAIID Telephone:612-266-9100 Norm Cvlenran,AInJ�or INSPECTIOATS Facsinrile:612-266-912-J 3.50 St.Peter Sn�eet Suite 300 Sn�ntPa��l,,llinnesotn 55102 �..i�� , NOTICE OF PUBLIC HEARING Currency Exchange License Appiication of International Currency exchange 981 Payne Avenue Saint Paul, Minnesota 55101 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 International Currency Exchange to operate a currency exchange by license issued under Minn. Stat. §53A.02. Minn. Stat. �53A.04 requires the approval or disapprovai 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 Councii 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 Pubiic Hearing: Wednesday, November 6, 1996 Time : 8:30 a.m. Location of Public Hearing: Rams�y County Courthouse Room 41, Lower Level 15 West Kellog Boulevard St. Paul, Minnesota 55102 If you have any questions, piease call Christine Rozek, Office of License, Inspections and Environmentai Protection 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)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 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 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; 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) Drsapproval. 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 commerce before the effective date of any such resolution where necessary to avoid a presumption of concurrence. . , _ ___ - G.�-�y�� (b) Grounds for dis•approval. 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 ofthe 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 e�sting 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 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 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. _ _ _ . � �'� ` �l `� (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 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, § S, 2-2-94) ' — -OFFICE OF LICENSE,INSPECTIONS AND ENVIRON�fENTAL PROTECTION ` 1� RobertKessier,Direetor ��.{ CITY OF SAINT PAUL LOWRY PRU,�'E'SSlONAL Telephone:612-366-909G Norrn Coleman,Mayor BUILDING Facsimite: 612-?66-9099 Suite 300 612-266-9124 350 St.Peter Street SaintPaul..l-;�nnesota 55102-I510 Wr October 29, 1996 Patricia Potts 4549 Wentworth Avenue Minneapolis, MN 55409 � � - Re: Currency Exchange License Application Dear Ms. Potts: 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 International Currency Exchange located at 981 Payne Avenue, St. Paul, MN 55101. 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 presented 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 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 OI�I�ICE OF LICENSE,INSPEC"I'IO\S�uD ENVIRON\4ENTAI,PROTECTION � Robertkessler,Director ��`�� CITY �F' S��T PAVL LICEiVSE.9ND Telephone:612-?66-9100 Norm Colemnn,rllnyor INSPECTIONS Fncsintile:612-266-912d 350 SL Peter Sh�eet Surte 300 SornrPaid,:1-/innesorn 55102 �w NOTICE OF PUBLIC HEARING Currency Exchange License Application of International Currency exchange 981 Payne Avenue Saint Paul, Minnesota 55101 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 International Currency Exchange 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. ;--:. S4�; _ _ �-�,�-��.�,�k 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)Procedures. 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 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; costs. 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 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 commerce before the effective date of any such resolution where necessary to avoid a presumption of concurrence. ��p— �� `�'1 (b) Urounc�s fvr c�rsapproval. 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 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 b5� 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 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: �-�,lQ--\�-l�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, 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) Currency exchange. 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) —`�� 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: Curt Potts 4549 Wentworth Avenue Minneapolis, NIlV 55409 Patricia Potts 4549 Wentworth Avenue Minneapolis, MN 55409 (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 ,� Nyy►s Subscribed and sworn to before me ��YOISON t h i s 1 s t day o f Novemb e r, 19 9 6 . raOTARY PUBLIGYIrq�OU ,� t.'�Comm'�ssbnEz�IroaJan.91�2000 nw�p.�r�narn+.� x � Notary Public �A �P� /�y O/So� PXSo /�3i��000 EXHIBIT #2 " OFFICE OF LICENSE,INSPECTIONS AND ENVIRONMENTAL PROTECTION l c Robert Kessler,Director C`�p.�� `� CITY OF SAINT PAUL LICENSEAND Telephone:612-266-9100 Norm Coleman,Mayor INSPECTIONS Facsimile:612-266-9124 350 St.Peter Street Surte 300 Sa�ntPaul,Minnesota 55102 � NOTICE OF PUBLIC HEARING Currency Exchange License Application of International Currency exchange 981 Payne Avenue Saint Paul, Minnesota 55101 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 International Currency Exchange 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 �� STATE OF 1��NNESOTA ) ) ss. Ar'�'IDAVIT OF ,RVI .F, RY MAii, 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 follow: Arlington Hills Library ELLEN ANDERSON East Sector Police Librarian SENATOR Commander 1105 Greenbrier Street 905 LAKEVIEW 722 Payne Ave. Saint Paul,MN 55106 SAINT PAUL MN 55117 Saint Paul,MN 55101 Dist 5 Planning Council EAST SIDE AREA BUS ASSN District 5 Planning Coun Sue Vanelli-Dimond, CO ANN TINNUCI ANDERSON President 1014 Payne Avenue 707 MII�TNEHAHA AVE 612 Cook Saint Paul,MN 55101 ST PAUL MN 55106 Saint Paul,MN 55101 Payne Arcade Bsns Assn Jan Morlock, Director Phalen Villaga Business Director East Side Neighborhood Marjorie Barnard P O Box#6934 900 PAYNE AVE 1565 East Idaho Saint Paul,MN 55106 ST PALTL MN 55101 Saint Paul,MN 55106 Fditor RICH MALLOY NANCY FRICK Sunrise EAST SIDB NEIGHBORHOOD District Planner P O Box�6767 900 PAYNE AVE 1100 City Hall Annex Saint Paul MN 55106-0767 ST PAUL MN 55101 Senator Randy Kelly Minnesota Legislature State Capitol G-27 Saint Paul,MN 55155 (which is the last known addresses of said person) and depositing the same, with postage prepaid, in the United Staxes mails at Saint Paul, Minnesota,. / TROY GILBERTSON Subscribed and swom to before me this 1 st day of November, 1996. s s i � }� �) CARRIE A. DEFOE /�}.(� . NOTARI/PUBLIC-MINNE�OTA �� -� RA�ISEIf COUNTY Notary Public � . �r co�m�aio��xpn�,aa.a�,t000 r • EXHIBIT #4 _ _ _ -_ .�or�or�p�rsr:YC�a � y � (� - • ' Garresey�blt�e License AppUcation �,�p��"�,�1`�i oilaternatiousl CnnencY Eschang� �.�--�� , ` gaiat ani,T,[innesota 8S 101 'FIDAVIT OF PUBLICATION Office of Admiaiatrative 8esriaSs . oa the behalf of the GOU1�iCIL OF TAS CITY OF SAIIYT PAUL i PLEASE TAKE NOTICE that testimony will be taken.from interest�,c�persans,, in�luding those in �he community with respeet=to tHe appii�cation of�july sworn, on oath says that he is the 'TnferaaElonal Currency-Exch'ange to operate a currency exchan.ges5by ticense,Owrl as the St. Paul Lega1 Ledger and has issued under Minn. Stat. �53A�.02. � ' �Ch ai'e Stated beloW• Minn.Stat.�5SA.04 requires the approval or disapproval of the state apptication • ,by the governing body,after published notice and hearing,-with�n 60 days after'mplied with all Of the requirements receipt of the-application. T�e hearing will be conducted by an administratfve law judge from the�� newspaper, as provided by Minnesota. 1�nesota Office of Administrative Hearings, �n behalt'of the Council of the i Othei a hcable laws, as amended. ;GYty of Saint Paul. Hia or her report, and recommer►dation for action, will be PP. ,forwarded to the Council for its action. Date of Pnblia Seuia�: Wednesday November.6,�1996 ,,,, c hearing which is attached was Cut from Tima: s:3o a.m. _ `"�� :r and was printed and published once; it Locstioa of Pnblic Heariag: : y, the 30th day of October, 1996; and Ramsey county Courthouse e lower case alphabet from A to Z, both Room 41, Lower Levei �owledged as being the size and kind of 15 West Kellogg Boulevard St. Paul, Minnesoca 5�io2 nd publication of said notice: If you have any questions, please call Ghristine Rozek.`Office of License. Inspectfons'and Environmental Protection at 266-9108. hijklmnopqrstuvwxyz (October 30, 1996) Subscribed and sworn to before me this 30th day of October, 1996 � BARBARA A.ST.MARTIN ■ NOTARY PUBLIC-MfNNESOTA DAKOTA COUNTY .. My Comm.Expires Jan.31,2000� Rate Information (1)Lowest classified rate paid by commerclal 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$48.16. EXHIBIT #5 aK.� _. i-��=�.:s:�.. .,,y, � _ ,t:,��•-,.�_- - .r.:� - �, - �: -�' _ �^ 4.�' 'T'�.i'�'AY'S y �" ""1.��I ` � �,�-\v��y :�: � -; 53A.01 CURRE\C'1'E.\CHA\GES 1258 S " •y `;s;; J ±` CHAPTER 53A � ,�- �:: �;. �� ' CURREl�'CY EXCHANGES X-� .�+: f �Y•. ' j. � �: 53A.01 Definitions. 53.4.0� Filir.g of fces;unreasonable fees. _ 53.a.0? Lice�u. 33.�1.08 Bond. 53A.03 Application for 1:::�u:fces. _ 33A.OS1 .4nnual repon and invcstigations. "' :"y� -c� 53.a.04 :�ypro�al or tr,.i�l of an 53A.09 Powers;limita;ions;yrohibitior.s. °r," �,� .�'.: aPPlication. S?A.10 �'iotations. 53.4.05 Change of nar,:e,cune:ship,or 53A.1 I Books of actount;annual report. �"� locxtioa. 53A.12 Rules. �. .z=` 53A.06 Fine,suspensicn.cr re�•ocation of 53A.13 F:e notice,false advenising; ,� � 3` lice�se. pe�alty. . "� ',� �;; 53�.01 DEFI\ITIO\S. �� '° =':' Subdivision 1.Currency exchange."Currency exchanee"means any person,except -�.�-„ �:: � :;: ,, - a bank, trust com�,any, sa.�ings bank, sa�•ines and loan association, credit union, or � �'�� industrial loan a�d 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 c�;�_'— yi; person w•ho provides these services incidental to the person's primary business if the _ charge for cashine a check or draft does not exceed 51 or one percent of the �•alue of _ the check or draft, w�hichever is erea;er. - Subd. 2. Commissioner. "Commissioner" means the commissioner of commerce. � - Histon•: 1989 c?4i s 1 53A.02 LICE\SE. '' ' Subdi�•ision 1.Requirement..�person ma}•not eneaee in the business ofa currency � exchange w•ithout 5;st obtaining a license from the commissioner. Not more than one place of business ma}•be operated under the same license, but the commissioner may issue more than one license to the same licensee upon compliance by the applicant with all the pro�•isions of this ch2pter for each new license issued. Wr Subd. 2.Distance limitation.\'o license 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 w�ithin one-half mile of another licensed currency exchange. The distance '�� limitation imposed b}�chis subdi��ision is measured by a straight line f;om the closest ¢� paints of the closest structures invol��ed. Subd. 3. Prohibition.,�licensee ma}�not contract w�ith another person or business entity to manage the currency exchange business. This subdi��ision does not prohibit the licensee from enploying persons to operate a currency exchange facility. Histor}•: 1989 c?47 s 2; 1992 c 504 s 2 �� 53A.03 APPLIC:�TIO�'FUR LICE�SE; FEES. CF�6Z��G?D�� SE�. �f}'S�P�-(,c`� � (a) An app lication for a license must be in w•riting, under oath, and in the form prescribed and furnishzd 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 applicant is a pannership or association, of every member, and the � name and business address if the appiicant 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 2ny 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 officer and director of the corporation. If � EXHIBIT#6 �R� � t��µ � ��--\�,G,y . � i�s9 � CLRRE\C1'EXCHA\GES 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 ` stockholders owning in excess of ten percent of the co orate �; rp stock of the corporztion. � (b) The application shall be accompanied by a nonrefundable fee of 52�0 for the �� review of the initial application. Upon approval b}• the commissioner, an additional �. license fee of 5�0 must be paid by the applicant as an annual license fee for the remain- � der of the calendar�•ear.An annua!license fee of 550 is due for each subsequent calen- a dar year of operation upon submission of a license renew•al application on or before �. �� December I. Fees must be deposited in the state treasun• and credited to the general s fund. Upon payment of the required annual license ;ee, the commissioner shall issue r a license for the year beginning January 1. '` (c) The commissioner shall require the applicant to submit to a background inves- ` tigation conducted by the bureau of criminal apprehersion as a condition of licensure. As part of the background in��estieation,the bu;eau o;criminal apprehension shall con• duct criminal histor��checks of�linnesota records and is authorized to exchange finger- �+ +: prints w�ith the Federal Bureau of 1n�•estieation for the purpose of a criminal background check of the nationa! files. The cost of the in�•estieation must be paid by , the applic2nt. i (d) For purposes of this section, "applicznt" includes an employee w�ho exercises management or policy control o��er the comp2ny,a director,an of�,cer,a limited or gen- eral panner,a mznaser,or a shar;holder holding more than ten percent ofthe outstand- ing stock of the corporation. - Histor.•: 19�9 c?47 s.�; 199?c�04 s 3 53�.Oa :�PPRO�:�I. OR DE\L�L. OF A\AppLICATIO\. (a) «'ithin 30 da��s after the receipt of a complete application, the commissioner " shall deny the application or submit tre application to the go��erning body of the local ' unit ofgo�•ernment in w�hich the applicant is Iocated or is proposing to be located.The �' commissioner ma}�not appro��e the application w�ithout the concurrence of the go�•ern- ing body. The go��erning bod}• shall ei��e published notice of its iatention to consider ' the issue and shzll solicit tes;imor,y from interested pzrsons, inclading those in the - community in w hich the applicar.t is located or is propos;ng to be 1oca;ed.If the go�•ern- r: ing bod}• has not appro�•ed or disappro�•ed the issue w�ithin 60 da��s of receipt of tbe application,cor,currence is presumed. The commissioner must appro��e or disappro�•e �� the application w�ithin 30 da}�s from recei�•ing the decision of the go�•erning body. The i• go�•erning body shall ha��e the sole responsibilit}• for its decision. The state shall ha�•e ' no responsibility for that decision. r. - (b) If the application is denied, the commissioner shall send by mail notice of the +� denial and the reason for the denial to the applicant at the address contained in the y'. €; application. If an application is denied, the applicant mav, w•ithin 30 da}�s of recei�ing the notice ofa denial,request a contested case hearing pursuant to chapter 14;pro�•ided �. that if the denial is based upon the refusal of the governing body to concur the go�•ern- �`� ing bod}•must afiord the applicant a hearing. The applicznt shall ha�-e no rieht to the t` hezring pro�•ided for in this section if the denial is based upon the governing body's ` � refusal to concur but shal] have a hearin¢ before the go�•erning body. �� (c) This section applies to initial applications and renewal applications. �, (d) The state shall ha�•e no responsibiJity for the action of the go�•erning body. �. Histon•: 1939 c Z47 s 4; 1992 c 504 s 4 �� z 53A.0� CH.�1GE OF\.411E, 0�3'\£RSHIP, OR LOCATION. Subdi�•ision 1.\ame or location.lf a]icensee ro o e ' � tion of any or all of�ts currency exchanges, the lc nsee shall file an applicat�ionfor �� approval of the change w•ith the commissioner. The commissioner shall 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- � �,;;-�,:;.-+r �� J..:'—�. • ir. �:' ;.... �y e +� ��. — r'-`� . ��r�s\_`� �+ �• • . '°�`, _ � ��u'.,��:'-: 53A.05 CCRRE�CY EXCHA.�GES I'90 �. �`,:; ; ;i. "Y� _�-y;•.;. � ` �`�°� sioner shall issue an amended license in the licensee's new name or location.A 550 fee ' s. o-.��.:_ . t` � �� must be paid for the amended license. s � ��`. f ,.� � . � Subd. 2. Ow�nership.The licensee shall notify the commissioner 30 business days ��r,S:- ..={',� in zdvance of any crznge in ow•nership of the currency exchan�e. The commissioner "` ��'�� may re�•oke the cur;.ncy exchanee license if the new ow•nership would have resulted : '�. � =�� in a denial of the in;tizl license under the provisions of chapter 53.a. . Histon•: 1 S89 c?7 i s S; 1992 c 504 s 5 - ;-.. ,,.�'.� ;, � ;g: 53:�.06 FI\E, Si:SPE\SIO\, OR RE�'OC�TIO\ OF LICE\SE. `= �, • •= (a) The commiss:oner may suspend or re�•oke any license under section 4�.027 if �,. the commissioner fir.ds that: (i) the licensee has 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 247; � - (2) the licensee,or any 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 chapter 4�; -�; (3) the licensee, or any officer 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 ?= operate a currency exchanee; or _ (4) an}•fact or condition e�ists w�hich, if it had existed at the time of the orieinal or renewa]application for the license,w•ould ha��e w�arranted the commissioner refusing the issuance of the license. � :� (b) A license ma��not be re��oked until the]icensee has had notice of a hearing pur- , suant to the pro��is:ens of chapter 14. �' (c) A]icensee r,.a�•surrender an}•license bp deli�•ery to the commissioner.The sur- render does not afizct the licensee's ci�-il or criminal]iability 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 53:�.07 FILI\G OF FEES; L,'\�tEASO\ABLE FEES. • Subdi�•ision l.:�ppro��al of fees.Fees char¢ed at each location for check cashing ser- �•ices must be filed with and appro�•ed by the commissioner. Subd. 2. Amendment of fees. A ]icensee 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 accompany 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. Standards; 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 whether a fee is fair 2nd reasonable, the commissioner shall take into consideration: (1) rates charezd in the past tor cashing of checks by those persons and organiza- tions pro��iding check cashing services in the state of Tiinnesota; (2) the income,cost,and experience of the operations of currency exchanges exist- 'i� 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�currency exchange operates; (4) the general cost of doing business,insurance costs,security costs,banking fees, and other costs associated with the operations of the particular currency exchange; ; '- - _ - ,s-Y,�..;��=�:; , "'�'L. .s,j;� � � � �.�o%��t�.l( ' ;�*.,. ��. 1291 CL'RRE�CI'EXCH.�I.\GFS 53A.11 ' (5) a reasonable profit for a currency exrhange ope;ation; 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 � ��9 checks issued by a go�•ernment entity in an amount up to 5�00 to be cashed by a cur- ` rency exchanee. � ~�� Histon: 1939 c 197 s 7 � �^ � . 53?,.03 BO\D, k;` Before a]icense may be issued to a currency exchan�:,the applicant shall file annu- t; ^ N ally«�ith and ha�•e appro��ed by the commissioner a surety bond, issued by a bonding ; ,, company authorized to do business in this state in th� principal amount of$10,000. r The bond must run to the commissioner and is for the benefit of creditors of the cur- - rency exchan¢e for liability incurred by the currency exchange on money orders issued - or sold by the currency exchange, for liability incurred b}• the currency eYChange for sums due to a pa�•ee or endorsee of a check,draft,or money order left w�th the currency exchange fo:col]ection, and for liability incurred by the currency exchange in connec- t tion w�ith pro�•iding currency exch2nge sen•ices. The commissionzr may require a licensee to file a bond in an additional 2mount if the cornmissioner 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 ma�•require the licensee to file its ' financial records,including all bank statements,penainir.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]0,000 or more than the outstanding liabilities. Histon•: 19S9 c ?47 s 8; 1992 c:04 s 6 � 53.�.081 A\\t'.aL REPORT.�\D I\�"ESTIGATIO\S. , Subdi��ision 1. Annual report.On or bzfore�farch 1,a]icensee shall file an annual report w•ith the commis5ioner for the pre��ious calendar�ear. The report must contain information that the commissioner may reasonably require concerning, 2nd for the purpose of examinir.g,the business 2nd operations of eac;�licensed currenc}•exchanee. Subd. 2. Imestigation.The cornmissioner ma�•at 2n}•time and shall at least once in each}�ear in��estieate the currenc��exchanee business of 2n�•licensee and of e�•ery per- � son, pannership, association, and corporation eneaged in the business of operating a currency exchanee in the manner pro��ided under section 4�.0?7. = Subd. 3. Fees and expenses.The licensee shall pay�the costs of a1 examination or t� in��estieation in the manner pro��ided under section 60.�.03, subdi�ision 5. ; Histor}•: 199Z c?04 s 7 53�.09 PO«'ERS; LI�IITATIO\S; PROHIBITIO\S. ` A currenc}�exchange ma�•not accept mone}•or currenc��for deposit,or act as bailee - or agent !'or persons, firms, partnerships, associations, or corporations to hold money � 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 Z47 s 9 ��. L 53.�.10 �ZOL�TIO\S. � Any person,firm,2ssociation,partnership,or corporation that�•iolates Law�s 1989, ` chapter 247, shall be guilty of a misdemeanor. ' Histon•: 1989 c 247 s 10 53�.11 BOOI:S OF ACCOUNT; A:�\UAI.REPORT. The licensee shal] keep and use in the licensee's business the books,accounts,and records that K•ill enable the commissioner to determine w•hether the licensee is comply- ing w•ith the pro�•isions of Laws 1989, chapter 247, and wzth the rules adopted by the .��,-T'Y+a.3 Y?:``Kj,'�t��"�C�Y`"+:�i%. " _ s''- �:. 1'�-� :';3=�'�.�.'�;�`s:w ��z;a�:::r �r �{�s�`.'x s'�.'�i��-�is.�. -�� ^-;+s.,i ' ;��2'�� _�j��?'-+.aY�� _�� • y '�'`'�7 ' G�.'��l� � _�.. " . r.:_;. .��. � `�~`` 53A.11 CL'RRE\Cl'E\C}L�.\GES ��92 +�_,'S:zYi ��. "�:`� � `.�,�-;. commissioner. A licensee shall preserve the books, accounts, and records for at least .�a:<. K' ��j_i_�. -t,_;., „ ,�,,:�,:. two y�ears after naking the final entry. .��,,�.� ;�.�=�_.... � ��--�'��::::.;, History: 1989 c?47 s I1 _ �,��. �.^:�-_=:�.= •_' ".:;s.;. 53A.12 RULES. . .:� .a¢;: The commissioner may adopt ru]es under chapter 14 as may be necessary to „�,,.. • administer and e�force this chapter. �y •}� �.- � . •.= Histon•: 19�9 c 147.c 12 �r-,a-.� _. .+:�r}�" • '�=�-; '=yy'�, ;,�: �3A.13 FEE \OTICE� F.�LSE ADI�RTISI\G; PEN.�I,TY, �;,. � ° :.r;Y�� _' Subdivision 1. Fee notice. The fees charged by currency exchanges for rendering '�'-°'� Y•''-~ 2ny service authori2ed by this act must be prominently displa}•ed on the premises of �� --...;�� the cunency exchange in the fashion required by the commissioner. ."��'_ ;. u�; �.�=. ��,- . Subd. 2. False ad�•ertising. .4 licensee may not ad�•ertise, print, display, publish, =;>�r,,. ' :i- distribute, or broadcast any statement or representation that is false, misleadiag, or -�-'��,�*: �: deceptive, or that omits material information. w ::. � : _�.;- Subd. 3.Ci�il]iabilih;penalh.A person w•ho violates any subdi�•ision of this chap- '�-� . ;�: ter is liable to the person damaeed by the violation for actual damages.The court may '° ' °:�: aw•ard reasonable zttorney fees and costs. �s_ History: 1 y89 c?47 s 13 � �; 53A.14 [Repealed, 1992 c 504 s 8] , �r �-: .} '8S I I = .I III 'i I' � I I X ' •! f '� _ - -� I ------------- . . i �, Lz.%\`t Gy 169 CL'RRE\C1'EXCHA\CES 53.�.03 i ' CHAPTER 53A � CURRE�'CY EXCHA\GES '' 53A.03 A��liriion for license:fees. 53A.03 APPLICaTIO\' FOR LICE\SE; FEES. (a) .4n application for a license must be in W�ritine, under oath, and in the form prescribed and furnished by the commissioner and mest contain the following: (1) the full name and address(both of residence and r'�ce of business)of the appli- i cant, and if the applicant is a partnership or associatiea, of e�•ery member, and the name and business address if the applic2nt is a corporz;ion; (2) the county and municipality, w�ith street and n;:*aber, if any, of all currency exchange locations operated by the 2pplicant; and . (3) the applicant's occupation or profession,for the;ea��ears immediatel}•preced- ing the application; present or pre�•ious connection w�ith a:,y other currency exch2nee in this or zny other state;��hether the applicant h2s e�•er�:en con��icted of 2ny crime; and the nature of the �pplicant's occup�ncy of the prem:ses to be licensed; and if the 2pplicant is a partnership or a corporation,the informztioa specified in this paraeraph must be supplied for each partner and each officer and c:-ector of the co;poration. If the applic2nt is a partnership or a non�ublicly held corpo-a;ion,the inform2tion speci- fied in this paragraph must be required of each panner ar:d each ofr'icer, director, and stockholders ow•ning in excess of ten percent of the corpor�;e stock of the corporation. (b) The application shall be accompanied by a nonre�und2ble fee of 5250 for the re��iew of t'�e initial application. t pon 2ppro�•al by the co:nmissioner, an additional license fee of 5�0 must be paid b}�the zpplicant as an annu�l license fee tor the remain- der of the calendar�ear.An annuai license fee of S�0 is due for each subsequent calen- - dar ��ear of operation upon submission of a license rene��a] application on or before September 1. Fees must be deposited in the state treasun� �nd credited to the eeneral fund. Upon pa��ment of the required annual license fee, the commissioner shall issue a license for the �•ear beeinning Januzry 1. (c) The commissioner shall require the applicant to submit to a background in�•es- tieation conducted by the bureau of criminal apprehension�s a condition of licensure. .As part ofthe background in�•estigation,the bureau ofcrim;nal apprehension shall con- duct crimina]histon�checks of'�4innesota records and is zuthorized to exchanee fineer- 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��estigation must be paid by the applicant. (d) For purposes of this section, "applicant" includes an emplo�•ee �•ho exercises ; manaeement or policy control o�•er the company,a director;an ofncer,a)imited or gen- eral partner,a manaeer,or a shareholder holding more th�n ten percent of the outstand- ing stock of the corporation. Histor�•: 199j c 354 s I �� .�� :� _ _��=�� __ . _ _._ _ ` �' - OFF(CE OF LICENSE,I�SPECTIONS.��D --.----� - ENVIRON\4ENT�L.PROTECTION � - _Rohert Kessler,Director• _ ��.`�� ,`_:.��{ ,.��_.. '... CITY OF SAINT PAIJI.. {�� ? 1 l�k� (1L(�,G�Y PRUFESS/OR:�{1 Telephone:6!?•?6h-9il9ri :Vorm(.'olcmnn.A�layor � `� t f� �BG�I )INC; F«csu�ule: 61?•'6C•9r19v �'r. , ,Suite 300 61?-J66-9!?a r:,;,, �,i• J� � • �`:'350.Sr.Peter Srreer � �`�I,�,;.W... �rii„,,�,;� Snin[Paul,�lf�nne�otn �=10?-/S/0 �� October 29, 1996 Curt Potts 4549 Wentworth Avenue Minneapolis, MN 55409 Re: Cunency Exchange License Application Dear Mr. Potts: 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 International Currency Exchange located at 981 Payne Avenue, St. Paul, MN 55101. 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 presented 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 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 LICL'NSG,INSP�CTIO�S.-��D ENV[RO\�SE�TAL PROTEC'i'ION l C� . . RoberlKessler,Director �\Q�� `� CITY OF SAINT PAUL LICENSEAAD Telephone:612-266-91 UG ,�'or'm(.�olem�ir.,1/q�•or INSPECTlO�\`S Facsi�nrle:612-26G-913� 3.i0 St.Perer Smeet Surte 300 SnrntPaul,,llinncsora SS102 ri.r . NOTICE OF PUBLIC HEARING Currency Exchange License Application of International Currency exchange 981 Payne Avenue Saint Paul, Minnesota 55101 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 International Currency Exchange 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: Rams�y 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. ;--. ��,�.; �,�,- \`�lct� Chapter 381. Currency Exchinges Sec. 381.01. St�te 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)Procedur•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 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 ree�uireinents 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; cvsts. 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 estab(ished in conformity with the procedures in section 310.09(b) of the Lejislative Code. The applicant shall also reimburse the city, within fifteen (15) days followina 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 disapprov�l, etc. (a)Disapprovccl. The council may by resolution disapprove an application and, if so, shall state therein its reasons for so doin�. It may adopt in whole or in part the findinas 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 where necessary to avoid a presumption of concurrence. _ �1,�—'��{�'1� - (b) Gr�crrir�a',s for drsappr•ovcrl. 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 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 ajree 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 existina 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 ar�d 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 five (5) percent of the outstandin� or issued stock of the corporation, or (ii) ofticer or director of the corporation, or (iii) employee of the enterprise having policy or management control over the enterprise. . - �.��Gy (C.F. No. 94-46, � 4, 2-2-94) Sec. 381.04. Definitions. , The following words and/or phrases shall have the following meanin� when used in this chapter and in Chapter 310 of the Legislative Code. (a) Appliccrnt. The term "applicant" includes persons, partnerships, firms and corporatioi�s 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, of�icers and directors. (b)Application. The term "application" includes applications for both new and renewal licenses. (c)Licens•e. The term "license" refers to the state currency exchange license provided for in Minnesota Statutes Section 53A.02. (d) C'urr�ency exchcrrtge. 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 cashin� 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) ' — -OFFICE OF LICENSE,INSPECTIONS A;�lD ENV'IRO\\IE�`TAL PROTECTIOh' ��_`��,u` Roberr Kess;er,Director \ CITY OF SAINT PAtTL LOWRY PROFESSlONAL Telephone:61'-?66-90SG Nor»t Coleman,�L/ayor BUILDING Facsrmile: 612-?56-9U4i: S:erte 300 612-266-9:2-1 350 St.Peter Street SainrPaul._t;rnnesora 55102-1510 �.�r October 29, 1996 Patricia Potts 4549 Wentworth Avenue Minneapolis, MN 55409 � � � - Re: Currency Exchange License Application Dear Ms. Potts: The City of Saint Paul Office of License, Inspections and Environmental Protection has received notif'ication from the Minnesota Department of commerce of your currency exchange license application for International Cunency Exchange located at 981 Payne Avenue, St. Paul, MN 55101. 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 presented 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). ��-�yqy 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, �.��.�t-,,�,f-- �� . Troy Gilbertson, License Enforcement Auditor Enclosure cc: Virginia Palmer, Assistant City Attorney o��rtc�,or L�cehse,i��sPtc�rlo�s:L�n E\V[RO\\-IENTALPRUI'GCT[ON ��y Robert kessler,Director CITY OF SAINT PAUL LIC:E,VSE.�:VD Telephone:61?-?66-91UU Norm(.'o/c:m�ri,,1-layor IiJSPECTIONS Fncsrmil2:6/2-<56-91?� 350 St.Pet��r Sn�eer Srtit�300 SarnrPnul,:l.linnesotn 55/0? �� NOTICE OF PUBLIC HEARING Currency Exchange License Appiication of International Currency exchange 981 Payne Avenue Saint Paul, Minnesota 55101 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 International Currency Exchange 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 Ti me : 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. ;... ��; G�-�uay Ch�pter 381. Currency Exch�n�es Sec. 381.01. Stnte license required; definition. No person shall enaage 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)Procedarres. 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 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 reyuired 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)Hearirig. The hearing shal] 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 hearinas, 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 hearin� before an independent hearing examiner. (C.F. No. 94-46, � 3, 2-2-94) Sec. 381.03. Grounds for disapproval, etc. (a) Di.sapproval.. 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 commerce before the effective date of any such resolution where necessary to avoid a presumption of concurrence. _ q�-��y (b) Gr•oz�r�ds fvr 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 5;A. (2) Any one (1) or more of the reasons, conditions, or standards for adverse action tinder 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 e�sting 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 b}� 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, buildin�, fire and health codes. (c)Persorts 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 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. . � � W \� •� (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 blisiness 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 outstandin� 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) Czrrrency exchange. The term "currency exchan�e" is defined in Minnesota Statutes Section 53A.01, subdivision 1. Currency exchange means any person, except a bank, trust company, savings bank, savin�s 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) �