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96-1495 Council File # " �� ' ` � � � �� !.� Ordinance # Green Sheet # S �� RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Presented By Referred To Committee: Date RESOLVED, that the currency exchange license application by Gordon Peterson III, d.b.a. Ramsey Financial for the premises located at 577 University 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 Snvironmental Protection to the Minnesota Commissioner of Commerce. Yeas NaYs Abse13� Requested by Department of: � Bost�om Office of License. Ins�ections and —�'— Environmental Protection Guerin �— f � ^ 1 Adopted by Council: Date h�. y ��1�, By' � Adoption Certified by Council Secretary gorm Approved by City Attorney By= . �.�/ � Approved by Mayor: Date � �� Approved by Mayor for Submission to ��G �� cou�C�i BY= By: OFFICE OF LIEP DNovember �8, 1996 GREEN SHEET N° 35179 � � ��' @G�@�81' 4� 1996 1 EPARTMENT DIRECTOR 3 ITY COUNCIL 2 ITY ATTORNEY ITY CLERK st be �Il Council Agenda by: UDGET DIRECTOR FIN. � MGT. SVC. DIR. AP YOR (OR ASSISTANT) OTAL # OF SIGNATQRL PAGgS 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: Approval of currency exchange license renewal of Ramsey Financial located at 577 University Avenue, Saint Paul. CONF7ENDATIONS: APPROVE (A) OR REJECT (R) ONAL S=AP1C6 COLiTRAC?S IOSS �ifBNER 'P� lOLi.07P!l�9: PLANNING CO�II�7ISSION CIVIL SERVICE COPR�IISSION 1. Has the person/firm ever worked under a contract for this department? CIB COI�4�7ITTEE _ BUSINESS REVIEW COUNCIL YES NO STAFF _ . Has this person/firm ever been a City �nployee7 DISTRICT COURT _ YES NO 3. Does this per9on/firm posseas a skill not normally posaessed by any UPPORT3 WHICH COUNCIL OBJECTIVE? Current City employee? YES NO aia all Y38 aanrors oa a s�parab shest aad attaah. INITIATING PROBLEM, ISSUF, OPPORTUNITY (Who, What, When, Where, Why) : VANTAGES IF APPROVED: amsey Financial will continue to operate. ISADVANTAGES IF APPROVED: one. ISADVANTAGES IF NOT APPROVED: TAL AMOUNT OF TRANSACTION S COST/RSVENUR BUDGET}3D YES NO FUNDING SOUR.CB ACTIVITY NiJMBER FINANCIAL INFORMATION: (EXPLAIN) � �� i'� NO�I 2 � 19�� `� � � � - � `i �s 60-21 1 1-10799-3 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 Ramsey Financial FINDINGS OF FACT, 577 University Avenue CONCLUSIONS AND Saint Paul, Minnesota 55104 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. The applicant did not appear. This Report is a recommendation, n�t 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. Based upon all of the proceedings herein, the Administrative Law Judge makes the following: � �-- I � �S 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. The applicant, by Mr. 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 and Mr. Byrne concurred that there was no need to take testimony or to otherwise proceed with a formal hearing. Mr. Byrne submitted the City's exhibits. It was indicated that no interested persons had contacted the City after the issuance of the Notice of Public Hearing and that the application was in order. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1 . The Council of the City of St. Paul and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and the St. Paul Legislative Code, Minn. Stat. § 381 .02, 310.05 and 310.06. 2. The City of St. Paul has fulfilled all relevant substantive and procedural requirements of the law and rule. 3. The City of St. Paul has given proper notice of the hearing in this matter including proper notice in accordance with the requirements set forth in Minn. Stat. Chapter 53A and Chapter 381 of the Legislative Code of the City of St. Paul. 4. The Applicant has fully complied with the application requirements specified by law. 2 ' � �� -�- I � �S 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 Ramsey Financial. Dated this r� day of November, 1996, /�.} ; , / / �G� �� ,.' John W. Harrigan � �`� Administrative La Judge C N TI E 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 ID CTTY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM DAT$: November 20, 1996 � c��l `��5 TO: Nancy Anderson FROM: Troy Gilberteon 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. ��.:�.��ti�"`� STATE OF MINNESOTA .��••1i00�'•, OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 _ 100 Washington Avenue South .+1 .`. 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 Ramsey Financial; OAH Docket No. 60-2111-10799-3 Dear Mr. Owusu: On November 8, 1996, Administrative Law Judge Harrigan served the Findings of Fact, Conclusions and Recommendation in the above-entitled matter. Enclosed please find the official record in this case. The application was unopposed and not tape recording was taken of the proceedings. Our file in this matter is closed. Very truly yours, .�G%�LGL' �`� • �� 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 � l�\��i�"j 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: Ramsey Financial 577 University Avenue St. Paul, MN 55104 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. � , — �f.c.`�-� Subscribed and sworn to before me this 8th day of November, 1996. Notary Pu i `� WILLIAM J.HIWLEY � lIOTMY PU�-�� p�n F�Y�t,W.31.3000 r � _ _ _ __ __ _ . OFFICE UF LICENSE,I�ISPECTIONS:1:\'D _ � \�� _ _ - � __--_ .._ _--•--- .___.__...R_ __._..._. _.__._....____� ..�.:. _ �. .: _-.;_ _ El�iVIRONMEI�FTALPROTEGTIO� _- ---=------- --`_`� _ __. - Robert Kessler,Director CITY OF SAINT PAUL LUN?2Y PROFESS/ONAL Telephone:61?-J66-90vr, ! Nonn('olemarr,Mayor BUlL.DING Facsimile: 6l'-?66-909'r Suite 300 5;?-266-91?4 3S0 St.Perer Streer Sa�ntPaul,Minnesota 55103-1.5l0 �� October 29, 1996 Gordon Peterson III 5100 Oakview Lane Plymouth, MN 55442 Re: Currency Exchange License Application Dear Mr. Peterson III: 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 Ramsey Financial located at 577 University Avenue, St. Paul, MN 55103. Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the local governing body after published notice and hearing. The hearing will be conducted by an administrative law judge on behalf of the Council of the City of Saint Paul. The hearing will be held Wednesday, November 6, 1996 at 8:30 a.m. in the Ramsey County Courthouse, room 41, 15 West Kellog Boulevard, Saint Paul, Minnesota. Your attendance at this hearing is extremely unportant, especially if any adverse testunony 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. T'he 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). ; - - _ : _�_-..... . _ .��____._�.•_:__.�..—.��_..�:. .w _.� _ ._.__.____.___._ _._ ._ __.-_. _ ..._.___ _ __.._._: �. -----�--�--_ . . ____ �� 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, i. � �� ,�� _ �-- Troy Gilbertson, License Enforcement Auditor Enclosure - cc: Virginia Palmer, Assistant City Attorney ' ' — -- -- -- —- OFFICE OF LICENSE,INSPECTIO\'S AND __ . _.. _ _ _ . .._ _-- ----.-_ . _--.__ _____ . ._ . ,,:. • ENVIROI�Fb4ENTALPROTECTION --_._.__-.. . �. _.._ _.-- . ' - Rohertkessler,Direcror _ ��\Lj Ct� _ _ ` CITY OF SAINT PALTL LICENSE.4��D Telephone 612-266-9100 Norm Coleman.�1/ayor INSPECT/ONS Facsrmile:612-?66-912=i 350 St.Peter Street Suite 300 SaintPuul.A�(innesota SSl01 �� NOTICE OF PUBLIC HEARING Currency Exchange License Application of Ramsey Financial 577 University Avenue Saint Paul, Minnesota 55103 Office of Administrative Hearings on the behalf of the COUNCIL OF THE CITY OF SAINT PAUL PLEASE TAKE NOTICE that testimony will be taken from interested persons, including those in the community with respect to the application of Ramsey Financial 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. . � .. _ . _ ` `' _-- ��`�`�� Chapter 381. Currency Exchanges 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)Pr•ocec�ures. 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 rec�uired 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 adininistrative 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)Dis�7pproval. 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. ' _ � - .. _� �i�--�-_�y°�� (b) Grourrds for•disappro>>al. Disapproval of an application may be based on one (1) or more of the following grounds, in addition to any other ground a(lowed by law: (1) Violation of any provision of the state currency exchange law contained in Chapter 53 A. (2) Any one (1) or more of the reasons, conditions, or standards for adverse action under section 310.06 of the Legislative Code. (3) Failure of the applicant to pay the city fee and costs prescribed above. (4) (i) The location of a new currency exchange as proposed would cause- significant adverse consequences or impacts upon the neighborhoods within three hundred (300) feet of the exchange. Such anticipated effect must be shown by clear and convincing evidence. (ii) The existing currency exchan�e has caused significant adverse consequences or impacts upon the nei�hborhoods 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 ihe real party in interest in the application. (9) The location of the business for which a new eurrency 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 arrd corpvrations. 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. _ , . -- - _ _ _ . ___ - _ - cl.�-��`�`�� (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 lised in this chapter and in Chapter 310 of tlle Legislative Code. (a)Appliccrr�t. The term "applicant" includes persons, partnerships, firms and corporations and all other forms of business ventures. It also includes employees who exercise management or policy control over the enterprise, �eneral and limited partners, shareholders of more than five (5) percent of the outstandinj or issued shares of a corporation, and corporate managers, officers and directors. (b)Applicatiari. 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'rrrrency exchange. The term "currency exchange" is defined in Minnesota Statutes Section 53A.01, subdivision l. Currency exchange means any person, except a bank, trust company, savings bank, savings and loan association, credit union, or industrial loan and thrift company, engaged in the business of cashina checks, drafts, money orders or travelers' checks for a fee. Currency exchanae does not include a person who provides these services incidental to the person's primary business if the charje 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 �reater. (C.F. No. 94-46, � 5, 2-2-94) � � � �-\�� CITY OF SAINT PAUL Norm Coleman, Mayor ADMINISTRATIVE LAW HEARING IN THE MATTER OF THE LICENSE APPLICATION OF RAMSEY FINANCIAL AT 577 UNIVERSITY AVENUE SAINT PAUL, MINNESOTA 55104 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,INSPECTIOI`'5:��`ID- - . ._.�_,._ .__ ..--�--_.._ _ _._��. _____ _ .___-_ _._�:k: ..-. . ,_ .: ..__ ENVIRONMEhFTALPROTBG�'I(��I . - °--- __._..,.. ._ ._.. __.._:_,_�......�__ - Robert Kessler,Director �� \ �� _ _ _ , _ _ _ _ - _.T � CITY OF SAINT PALJI.. LOWRY PROFESS/ONAL Telephone:61?-?66-909fi Norm Colemari,Mayor BUIL.DING Facsrmrle: 613-?66-909y Suite 300 513-266-9124 350 St.Peter Street SaintPaul,Minnesota 55102-1�10 �� October 29, 1996 Gordon Peterson III 5100 Oakview Lane Plymouth, MN 55442 Re: Currency Exchange License Application Dear Mr. Peterson III: 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 Ramsey Financial located at 577 University Avenue, St. Paul, MN 55103. Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the local governing body after published notice and hearing. The hearing will be conducted by an administrative law judge on behalf of the Council of the City of Saint Paul. The hearing will be held Wednesday, November 6, 1996 at 8:30 a.m. in the Ramsey County Courthause, 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 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 reunburse the City for its costs in conducting the hearing(s) prescribed by State Law. You may be billed for those costs after the hearing(s). EXHIBIT #1 .. _._._ - . __---___ --- --�_�_ -_ -� --_ r ._ _._� _ . _ _. _ �__.�._ __ .._� _�_ _. _ . ____--_____ _: _ - - - - ��:� `�� _ 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 �ilbertson, License Enforcement Auditor Enclosure -- cc: Virginia Palmer, Assistant City Attorney _ , , -___ ,—_ _ _ . _:- OFF[CE OF LICENSE,INSPECTIONS AND - ENVIROI�MENTAL PROT�G'CION __ . . : __,_. _ � _„- __ ..____ �. . -- r.�.._ . � .. ._._ . ... . J _ ' " RoheriKess[er,Director _ � �i��—l� __ CTTY OF SAINr PAUL LICENSEAND Telephone 612-266-9lUO Norm Coleman.A�ayor INSPECTIONS Facsimile:h12-266-9124 350 St.Peter Sireet Suite 300 SaintPaul,Minnesota 55J02 �� NOTICE OF PUBLIC HEARING - Currency Exchange License Application of Ramsey Financial 577 University Avenue Saint Paul, Minnesota 55103 Office of Administrative Hearings on the behalf of the COUNCIL OF THE CITY OF SAINT PAUL PLEASE TAKE NOTICE that testimony will be taken from interested persons, including those in the community with respect to the application of Ramsey Financial 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. . � _ _ _ __ 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 of the application by the city, a fee covering the costs of administering and processing the application in an amount to be established in conformity with the procedures in section 310.09(b) of the Legislative Code. The applicant shall also reimburse the city, within fifteen(15) days following action by the city council on the application, for its costs in conducting the hearing or hearings prescribed by state law, including publication costs and the cost of the administrative proceedings and hearing before an independent hearing examiner. (C.F. No. 94-46, § 3, 2-2-94) Sec. 381.03. Grounds for disapproval, etc. (a)Disapproval. The council may by resolution disapprove an application and, if so, shall state therein its reasons for so doing. It may adopt in whole or in part the findings of fact and conclusions of law of the independent hearing examiner and may amend the same to conform to its decision on the record and the testimony. Notice of the disapproval may be communicated to the commissioner of commerce before the effective date of any such resolution where necessary to avoid a presumption of concurrence. __ _ _ _ , - G 1��,�� (b) Grounc�s for disapproval. Disapproval of an application may be based on one (1) or more of the following grounds, in addition to any other ground allowed by law: (1) Violation of any provision of the state currency exchange law contained in Chapter 53 A. (2) Any one (1) or more of the reasons, conditions, or standards for adverse action under section 310.06 of the Legislative Code. (3) Failure of the applicant to pay the city fee and costs prescribed above. (4) (i) The location of a new currency exchange as proposed would cause significant adverse consequences or impacts upon the neighborhoods within three hundred (300) feet of the exchange. Such anticipated effect must be shown by clear and convincing evidence. (ii) The existing currency 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 �he real party in interest in the application. (9) The location of the business for which a new currency exchange license is sought is within one-half mile of an 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 corparations. 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. . _ _ _ q,� `�� (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)Applrcant. The term "applicant" includes persons, partnerships, firms and corporations and all other forms of business ventures. It also includes employees who exercise management or policy control over the enterprise, general and limited partners, shareholders of more than five (5) percent of the outstanding or issued shares of a corporation, and corporate managers, officers and directors. (b)Application. The term "application" includes applications for both new and renewal licenses. (c)License. The term "license" refers to the state currency exchange license provided for in Minnesota Statutes Section 53A.02. (d) Currency exchange. The term "currency exchange" is defined in Minnesota Statutes Section 53A.01, subdivision l. Currency exchange means any person, except a bank, trust company, savings bank, savings and loan association, credit union, or industrial loan and thrift company, engaged in the business of cashing checks, drafts, money orders or travelers' checks for a fee. Currency exchange does not include a person who provides these services incidental to the person's primary business if the charge for cashing a check or draft does not exceed one dollar ($1.00) or one (1) percent of the value of the check or draft, whichever is greater. (C.F. No. 94-46, § 5, 2-2-94) l ��\'�,� —" STATE OF MINNESOTA ) ) ss. �FFIDAVIT OF SERVIC}3 BY biAIL 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: Gordon Peterson III 5100 Oakview Lane Plymouth, MN 55442 (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 x�n�n^ a KAREN KAYOLSON Subscribed and sworn to before me yQ�� this lst day of November, 1996 . t�Jyy Cortmibsbn E�sJan.31�Z000 Y � V Notary Publ ic �a �,�� j, Q/So�-, PX� i/3��ono EXHIBIT #2 � OFFICE OF LICENSE,INSPECTIONS AND ENVIRONMENTAL PROTECTION RobertKessler,Director � I^_��j \5.�� CTTY OF SAINT PAUL LICENSEAND Telephone:61�-266-9100 Norm Coleman,Mayor INSPECTIONS Facsimile:612-266-9124 350 St.Peter Street Suite 300 SaintPaul,Minnesota 55102 ii NOTICE OF PUBLIC HEARING Currency Exchange License Application of Ramsey Financial 577 University Avenue Saint Paul, MN 55103 Office of Administrative Hearings on the behalf of the COUNCIL OF THE CITY OF SAINT PAUL PLEASE TAKE NOTICE that testimony will be taken from interested persons, including those in the community with respect to the application of Ramsey Financial 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 11�IINNESOTA ) ) ss. AFFIDAVIT OF SERVICE BY 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: Rep Andrew J Dawkins Dist 7 Planning Council THOMAS DALE BLOCK Minnesota Legislature Executive Director CL� 371 State Office Bldg 369 University Ave Saint Paul,MN 55155 Saint Paul,MN 55103 Johnny Howard, Exe Dir 689 N DALE NEAR Senator Sandra Pappas ST PAUL MN 55103 Executive Director Minnesota Legislature 1061 Rice Street State Capitol G-2f1 HOPE MELTON Saint Paul,MN 55117 Saint Paul,MN 55155 SAFE CITY COORD Capitol Area Ping Brd Rice/Marion Res Assoc 5$5 CEDAR Room 204 Admin Bldg K D Stewazd, President SAINT PAUL, MN 55102 50 Sherburne Ave 195 Edmund Office sainc Paul,lvtN ss�ss Saint Paul, MN 55103 District 7 Planning Coun Midway Chamber of Comm PTesident Executive Director ELLEN ANDERSON 653 Galtier Stxeet 1600 University Ave W#4 SENATOR Sau1t Paul, MN 55103 Saint Paul,MN 55104 9�5 LAKEVIEw Executive Diractor SAINT PAUL MN 55117 Northwest Sector Police uxrv�tsrr�UNrr�D Commander 1600 iTNIVERSTTY AVE W#4 615 W University Ave ST PAUL MN 55104 Saint Paul, MN 55103 (which is the last known addresses of said person) and depositing the same, with postage prepaid, in the United States mails at Saint Paul, Minnesota. � TROY GILBERTSON Subscribed and swom to before me this 1 st day of November, 1996. o R CARRIE A. DEFOE ■ a� �, �/1 ` NOTARYPUBUGMINNE80TA lTUli(� RAMSEY COUNTY Notary Public � � ..:�:;' !�y Commisalon Explref Jm.51,2000 t M EXHIBIT #4 _ v RL'1"#'�t7E OF PUSLI6�"`°� .� - .�iarraa�"Efichaage Liaenia ll�►�tlo� Ot�-:� 1�,�(� `'' of the Uabaa�c Cos�sa3� ' ' 1QS8 Univenity A�emie' ��p—��5 AFFIDAVIT OF PUBLICATION Saiat Pant.Minnesota 55104 Office of Admiaistniive Hesrin�s � ps the'behalf of the COUNCIL OF THE CITY OF S11IN�'-'PAUL PLEASE TAKE NOTICE that testimony-will be taken�from iriterested persons, dul SWOrn, On oath sa s that he is the :including tha:e in the community -with respedt ito the ��i�l�cation of�g Y Y C�e LI#b�ii�<Compa�y'to�operate a currency exch�u��;by licens��i�aued under kllown aS the St. Paul Legal Ledger and has ��:scac. ��s3p.o2:_ - � , t:. , . �hich are stated below: �Minn,.Stat��5,3A.04 requires the approyal or disappro�val of the st��?pplication :b��;_�i�goveining bod3�,�after published notiee and hea;ing,withia60 days after receipt of the application. Complied with all of the requirements �'�he hearing will be>conducted by an administrative iaw judge from thelegal newspaper, as provided by Minnesota �nnee,ot�-e�t'ftce'oF�Ad�c►iniatrative Hearings, on-ts+�tatt'•o€tt�e�o�mri� o€the�d other applicable laws, as amended. ��ity of Saint Paul. His�or her report, and recommen�ation'for�Ction, wtll be farwarded to the Couricil for its action. � Dste of Pnblic $eariag: Wednesday,�November 6; isss blic hearing which is attached was cut from Timee s:3o a.m. ,per and was printed and published once; it Locatioa of Pnblic Heariag:� '" 3ay, the 30th day of October, 1996; and Ramsey eounty eourchouse the lower case alphabet from A to Z, both Room 41. Lower Level i 5 west xenogg soulevara �cknowledged as being the size and kind of St. Paul, Minnesota 55io2 �and publication of said notice: If you have any questions, please call Christine Razek, Office of License, Inspections�nd Environmental Protection'at 266-9108. efghijklmnopqrstuvwxyz (October 30,� 1996j- . Subscribed and sworn to before me this 30th day of October, 1996 � � BARBARA A.ST.MA�TIN • �= NOTARY PUBUC-MiNNESOTA ,x DAKOTA COUNTY My Comm.Expires Jan.31,2000 Rate Information (1)Lowest classified rate paid by commercial users for comparable space is$N/A. (2) Maximum rate allowed by law for the above publication is$56.07. (3)Rate actually charged for the above publication is$48.76. EXHIBIT #5 .3>y�'D�' -� gi,-�=�.:�::,r� _ -�:�� - <j^v.. ..��z. - r iy_ �^'� ' ' +--'b ¢22% �"-��'.;'=�:�•+ r. � � = �'� � � ��.� � '�.Y� \� \ �./ � 'e;� . n `:;; s3�.oi cLr��c��F.scx.�.�cES izsa �:.: �_� CHAPTER 53A i� �,.. I�� •_�,: ��°' �;; CURREI�'CY EXCHANGES - �:: �=: i' S3A.01 Definitions. ' S3A.0? License. 53.a.07 Filing of fees;unreasonable fees. 53.4.08 Bond. ' S3A.03 Application for I:;:�se;fees. 53A.031 Annual repon and im•estigations. '�':"� <<; 53A.04 Appro�al or 1er.:��of an 53A.09 Powers;limitations;prohibitior.s. r'. �"`'z '�-; aDPlication. S?A.10 �'iolations. �; 53.4.05 Change of nane,c��e,-ship,pr 53.4.1 I Books of actount;a�nual repon. ,,, �' locatioa. 53AJ2 Rules. �- 53A.06 Fine,suspeasic�,cr re�ortion of 53.�.13 F:e noticr,false ad��enisin¢; - .� lia�se. ptnalty. . �;; �•_;��;"`' �;' �3A.01 DEFI\ITIO\S. _ ��:: • �— �: Subdivision 1.Currency exchange."Currenc}•exchanee"means any person,except �:;�" � a bank, trust corn�,aay, savings bank, savines and loan association, credit union, or �'��' .{;�-,.,_ industrial loan and thrift company, eneaged in the business of cashing checks, drafts, � • .�_ ': money orders, or t;a�•elers' checks for a fee. "Currenc}• exchange" does not include a r: '�.-�.� ''t_" . '��' person w•ho proviCes these services incidental to the person's primary business if the +, ��t� charge for cashine a check or draft does r,ot exceed 51 or one percent of the �•alue of the check or draft, �hiche�•er is ¢rea;er. Subd. 2. Commissioner. "Commissioner" means the commissioner of commerce. - Histon•: 1989 c?�7 s 1 53.�.02 LICE\SE. ' ' Subdivision 1.Requirement..4 person ma}•not eneaee in the business of a currency ; exchange w•ithout 5;st obtaining a]icense from the commissioner.\Tot more than one place of business ma��be operated under the same license, but the commissionermay issue more than one license to the same licer.see upon compliance by the applicant with ` a11 the provisions of this chapter for each new license issued. `t 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 ]ocated or proposed to :;: be located w•ithin onz-half mile of another licensed currency exchange. The distance � "; limitation imposed b�•this subdi��ision is measured by a straight line from the closest ¢` paints of the closest structures involved. ; Subd. 3.Prohibidon.A 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 er.;plo}�ing persons to operate a currency exchange facility. Histon•: 1989 c?47 s Z; 1992 c 504 s 2 `` 53�.03 APPLIC:�TIO\' FUR LICE\SE; FEES. l �4'�'1�L1�� S� �{}St'Pf�-(,�� (a) An application for a license must be in Writing, under oath, and in the form _ prescribed and furnished by the commissioner and must contain the follow•ing: (1) the full name and address(both of residence and place of business)of the appli- . cant, and if the applicant is a partnership or association, of every member, and the name and business address if the applicant is a corporation; (2) the county and municipality, with street and number, if any, of all currency - exchange locations operated by the applicant; and (3) the applicant's occupation or profession,for the ten years immediately preced- ing the application; present or previous connection with any other currency exchange `�. in this or any other state;whether the applicant has e�•er 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 partnership or a corporation,the information specified in this paragraph must be supplied for each pariner and each officer and director of the corporation. If EX�IIBIT #6 �: =�;, . � � ct�\ `-��t� "� { .. � ►3s9 �GRRE�C1'EXCHA.\CES 53A.05 � � Ithe 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 ora �! (b) The application shall be accompanied by a nonrefundable f etof 52 O�forl he � re��iew of the initial application. U on a � � P pproval b�• the commissioner, an additional � license fee of 5�0 must be paid by the applicant as an znnual license fee for the remain- � der of the calendar}•ear.An annua! license fee of S50 is due for each subsequent calen- s� dar year of operation upon submission of a license renew•al application on or before F, December 1. Fees must be deposited in the state treasury and credited to the general � fund. Upon pa}�ment of the required annuzl license fee, the commissioner shall issue `� a license for the �•e2r beeinning January I, '� (c) The commissioner shall require the applicant to submit to a backeround inves- ' tigation conducted by the bureau of criminal appreher,sion as a condition of]icensure. - .4s part of the background in�•estieation,the bu:eau of criminal apprehension shall con- duct criminal history�checks of�4innesota records and is authorized to exchange 5nger- .+ +: prints w•ith the Federal Bureau of 1n�•estieation 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 employee w�ho exercises manaeement or policy control o�•er the company,a director,an of�cer,a limited or gen- eral partner,a mana�er,or a shareholder holdine more than ten percent ofthe outstand- ing stock of the corporation. - - Histon�: 1989 c?47 s 3; )99�c�04 s 3 53a.0a APPRO�'AI. OR DE\L�I. OF�\APpLIC.�TIO\. (a) «'ithin 30 da}�s after the receipt of a complete application, the commissioner � shall deny the application or submit t}:e application to the 2o��erning bod��of the local ' unit of go��ernment in w�hich the applic2nt is located or is proposing to be located.The �= commissioner ma�•not appro��e the application w•ithout the concurrence of the go�•em- ing body. The go��erning bod}• shall ei��e published notice of its intention to consider ' - the issue 2nd shall solicit testimony from inte,-ested persons, incl�ding those in the community in w hich the applicar.t is located or is propos;ng to be located.If the go�•ern- r ing body has not 2ppro�•ed or disappro��ed the issue w�ithin 60 da}�s of receipt of tbe s :- application,cor,currence is presumed. The commissioner must appro��e or disappro��e i the application w•ithin 30 da}•s from recei�•ing the decision of the go��erning body. The go��erning body shall ha�•e the sole responsibility for its decision. The state shall ha�•e ` no responsibility for that decision. T` (b) If the application is denied, the commissioner shall send by mail notice of the t"° denial and the reason for the denial to the applicant at the address contained in the application. If an application is denied,the applicant ma�•, w•ithin 30 da��s of recei��ng the notice ofa denial,request a contested case hearing pursuant to chapter 14;provided '� that if the denial is based upon the refusal of the eo�•ernin2 body to concur the go�•ern- r_ ing body must afTord the applicant a hearine. The applicant shall ha�•e no ri¢ht to the hearing provided for in this section if the denial is based upon the governing body's `. ' refusal to concur but shall have a hearing before the go�•erning body. E� �_ (c) This section applies to initial applications and renewal applications. k (d) The state shall ha��e no responsibiJity for the action of the go��erning body. �� Histor}�: 1989 c 247 s 4; 1992 c 504 s 4 � ,: 53A.0� CHAIGE OF\.��1E, ORi'�ERSHIP, OR LOCATIO:\'. � Subdi�•ision 1.I�ame or locadon.If a licensee proposes to change the name or loca- � tion of any or all of its currency exchanges, the licensee shall file an application for approval of the change w•ith the commissioner, The commissioner shall not a � 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- ��. �:: _��' - i.; ;�; •g� _ ' " _ �'_ � �j�\� `� .�,.. ��: .�� .. •��:1 I290 :.,;,;f'�c:;: 53A.05 CL'RRE\CY EXCH.a.\GES �-� ' �i•,-. !1�. r t�' -y::�. . ~ �°�' sioner shall issue an a:nended license in the licensee's new name or location.A 550 fee ' t- � ��.:,=: . � must be paid for the amended license. } ;��:��#�.'w;. a �.�: ,r.� Subd. 2. Ow�ership.The licensee shall notify the commissioner 30 business days ��r�°s`��;' in advance of any chznge in ownership of the currency exchange. The commissioner �` .� may revoke the curency exchanee license if the new ow•nersh�p would ha�•e resulted � .�K,� =c�: in a denial of the in;tial license under the pro�•isions of chapter 53.a. � _Y� Histor�: 1989 c 24i s S; 1992 c S0�s 5 � �`' .�f- 53�.06 FI\E, SL'SPE\SIO`, OR RE�'OCATIO\T OF LICE\SE. �� - �= (a) The cemmiss:oner may suspend or re�•oke any license under section 4�.027 if — „!. . the commissioner fi::ds that: (1) 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 commissionzr ;� _ under Law�s 1989, c�apter 247; (2) the licensee,or any officer or director of a corporate licensee,has violated any �� pro•-ision of Law•s 15�9, chapter 247, or any rule or order of the commissioner under +3 * � this chapter or chapter 4�; � (3) the licensee,or any oRcer or director of a corporate licensee,has�'iolated any other law w�hich w�o��ld indicate that the person is untrustw�onhy or not qualified to �= operate a currency exchange; or (4) any fact or condition etists w'hich, if it had existed at the time of the orieinal or renewal applicatien for the license,w�ould have w�arranted the commiss:oner refusing the issuance of the license. � :� (b) �license r.-,z��not be re��oked until the licensee has had notice of a hearing pur- ' , suant to the pro��isiens of chap►er 14. i (c) A licensee ra}•surrender any license by deli.•ery to the commissioner.The sur- � render does not affect the licensee's ci�•il or criminal liability for acts committed before the surrender, or a=ect the liability on the bond required by this act, or entitle the licensee to a retun of any part of any license fee. (d) Before susp:nsion or re�•ocation of the ]icense, the commissioner ma}• fine a - licensee for�•iolatio;,s of Law�s 1939, chapter 247, as authorized under chapter 4�. � Histor�•: 1989 c ?47 s 6 53�.07 FILI\G OF FEES; L;��RE:�SO\ABLE FEES. • Subdi�•ision 1.�ppro��al of fees.Fees chareed at each location for check cashing ser- �•ices must be filed with and appro��ed by the commissioner. Subd. 2. ?,mendment of fees.A licensee may amend its fees at any time by filing the proposed amendments w�ith the commissioner. The application for amendment shall be in w�ritine,under oath,and in the form prescribed by the commissioner.A fee of 5�0 shall 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 charged in the past for cashing of checks by those persons and organiza- tions providing check cashing services in the state of Tiinnesota; (2) the income,cost,and experience of the operations of currency exchanges exist- ing prior to this enactment or in other states under simil2r conditions or regulations; �'' (3) the amount of risk involved in the type of check to be cashed and the location where th4 eurrency exchange operates; (4) the general cost of doing business,insurance costs,security costs,banking fees, and other costs associated with the operations of the particular currency exchange; ; -- � �y•:'�-�, ` :3��•_._ � . � �:�\ � `� - � ��''. ��'4 1391 Cl'RRE�C1'EXCHA.\CES 53AJ1 �" � .�� (5) a reasonable profit for a currency exchange orzration; 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 �z� � � checks issued by a go�•ernment entity in an amount up to 5�00 to be cashed by a cur- �. � rency exchanee. ° ``� Histor�•: 1939 c 247 s 7 � � � 53A.03 BO\D, k; Before a license may be issued to a currency exchange,the applicant shall file annu- t: =. ally«•ith and have appro�•ed by the commissioner a surety bond, issued by a bonding � w company authorized to do business in this state in the principal amount of$10,000. � The bond must run to the commissioner and is for the benefit of creditors of the cur- rency exchange for liability incurred by the currency exc`ange on money orders issued or sold by the currency exchange, for liability incurred by the currency exchange for sums due to a pa}�ee or endorsee of a check,draft,or mone}•order]eft with the currency exchange fo:collection, and for liability incurred by thz currency exchange in connec- _ tion w�ith pro��iding currency exchanee sen•ices. The commissioner may require a licensee to file a bond in an additional 2mount if the cor,�.missioner considers it neces- sary to meet the requirements of this section. In determir,ing 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,pertainir.g to the sale of money orders for the preceding 12-month period. In no case may the bond be less than the initial - S 10,000 or more than the outstanding liabilities. Histon•: 19S9 c 247 s 3; 1991 c:04 s 6 - 53.�.081 A\\t'.�L REPORT�\D I\�"ESTIGaTIO�S. , Subdi��ision 1.Annual report.Oa or before�farch ], a licensee shall file an annual - report w�ith the commiss'ioner for the pre��ious calendar�e2r. The report must contain information that t�e commissioner may reasonably reqLire concerning, and for the - purpose of ex2minir.g,the business Znd operations of e2ch licensed currenc}•exchanee. Subd. 2. Im�estigadon.The conmissioner ma�•at aa}�time and shal] at least once in each}ear in�•estieate the currenc}•exchanee business of an}•licensee and of e�•ery•per- � son, partnership, association, and corporation eneaged in the business of operating a currency exchanee in the manner pro�•ided under section 4�.027. Subd. 3. Fees and expenses.The licensee shall pay the costs of an examination or 4' in��estieation in the manner pro��ided under section 60.�.03, subdi�ision 5. ; History: I99?c?04 s 7 53.�.09 PO«'ERS; LI�IITATIO\S; PROHIBITIO\S. i A currenc}•exchange ma}•not accept mone�•or currenc.•for deposit,or act as bailee == or agent for persons, firms, partnerships, associations, or corporations to hold money 4 or currency in escrow•for others for any purpose. How•e��er, a currency eYChange may � act as agent for the issuer of money orders or tra�•elers' checks. f Histon•: 1989 c?47 s 9 � L 53.�.10 �ZOL4TI0\S. F Any person,firm,association,pannership,or corporation that�•iolates Law�s 1989, ` chapter 247, shall be guilty of a misdemeanor. � Y Histon•: 1989 c Z47 s 1 D �. 53�,.11 BOOKS OF ACCOUNT; Ati\UAI,REPORT. The licensee shall keep and use in the licensee's business the books,accounts,and records that w�ill enable the commissioner to determine w�hether the licensee is comply- ing w•ith the pro�•isions of Laws 1939, chapter 247, and with the rules adopted by the :�:�a �' •��-b-:-':. ; :s�-'�"�-�.�-� �:b=�� .'� �,��3�:=^�.k�--��?��'?�'��^t ��C` �-�.;`,c:�::.�i;�:z:�;.��r� �., '' r.�= .fj.,�>;,.�:�:��'�• ,,,_�fe;<�ts-�CS�_ ' r.� �� C�Y �� `�� r ..- r: t � . .`+�� .--�k��s � � 53a.11CL'RRE�C1'EXC}iA�GES ��92 •-,:__< = ., .��.z::_: Y.�?-� _�.�:��,: commissioner. A licensee shall presen•e the books, accounts, and records for at least �- r``- two years after naking the final entry. ;. �: ..�;, , ��' History: 19�9 c 147 s 11 _ .4�i�;`=: � �: 53A.12 RLZES. 'r' The commissioner may adopt rules under chapter 14 as may be necessary to y`_ �: ��:=: administer and enforce this chapier. . . .�,- ,r . _: -s.�y• �- History: 19�9 c 147 c 11 • ��„�- .. , .��„�'�--�,,. � ��;: -: �-.��.,. .' - •-�: 53A.13 FEE\OTICE; FALSE�.DS�RTISI\G• PE\.�I,TY, ;� -�- + ::��.,�� :=. ° ;.r;r.�� :: Subdivision 1. Fee notice. The fees charged by currency exchanges for rendering =�`"'� � •��=- 2ny service authorized by this act must be prominently displa�•ed on the premises of �-. � ��`�;� the currency excranee in the fashion required by the commissioner. `�~` � "'�� Subd. 2. False adr�ertisin 4 licensee ma not ad�•ertise �, ,'�'. ; '-5 S• • Y , Print, display, publish, _�=��,. - distribute, or broadcast any statement or representation that is false, misleading, or "�'`-�'�'�'Y •_= decepti�•e, or th2t omits material information. �� - .�i= Subd. 3.Ci�7l liabilih;penalh•.A person w•ho violates any subdi�•ision of this chap- �-�K �� '� ter is liable to the person damaged by the violation for actual damages.The court may =° �- :��; aw•ard reasonable attorney fees and costs. _.�- Y.'. , History: 1989 c?97 s 1 j =� 53a.14 [Repealed, 1992 c 504 s 8j . ',�, r�-` t "�:' .� � I�I _ I .t � � �• q 1 F 1 I ------------- ._ . - ! �La \ �°"�� I69 CL'RRE�CI'EXCHA\GES 53.4.03 ; CHAPTER 53A i, CURRE�'CY EXCHA\GES 53A.03 .4p�lirtion for lice�se;fe:s. 53A.03 �PPLICATIO\' FOR LICE\SE; FEES. (a) .4n application for a license must be in ��riting, under oath, and in the form prescribed and furnished by the commissioner and mest contain the following: ��C. (1) the full name and address(both of residence and rl�ce of business)of the appli- cant, and if the applicant is a pznnership or associatio�, of e�•ery member, and the name and business address if the applicant is a co orztion• a jP , (2) the county and municipality, w•ith street and n;:mber, if any, of all currency exchange locztions operated by the applicant; and . (3) the applicant's occupation or profession,for the;zn��ears immediate]}•preced- ing the application; present or pre��ious connection v.�ith a;,y other currenc}�exchanee in this or 2ny other state;�+�hether the�pplicant has e��er�:en con�•icted of 2ny crime; and the nature of the applicant's occupancp of ihe prem:ses to be licensed; and if the applicant is a pannership or a corporation,the informatiol specified in this p2ragraph must be supplied for each panner and each o�icer and c:rector of the co;poration. If the applicznt is a partnership or a noapublicly held corpo-�;ion,the informztion speci- fied in this paragraph must be required of each p2nner a;:d each officer, director, and stockholders o��ning in exczss of ten percent of the corpo;�;e stock of the corporation. (b) The appJication shall be accomp2nied by a nonre�und2ble fee of 5250 for the re��iew of t!�e initial application. L'pon appro�•al by the co:nmissioner, an additional license fee of S�0 must be pzid b}�the applicant as an annual license fee for the remain- der of the calendar��ear..4n annual license fee of 5�0 is due for each subsequent calen- dar year of operation upon submission of a license rene•a�a] application on or before September 1. Fees must be deposited in the state treasur�� and credited to the¢eneral fund. Upon pa��ment of the required znnual ]icense fee, the commissioner shall issue a license for the ��ear beeinning Januar�� 1. (c) The commissioner shall require the 2pplicant to submit to a background in�•es- tigation conducted by ihe bureau of criminal apprehension zs a condition of licensure. .4s pzn of the background in�•estieation,the bureau ofcri;n;nal app;ehension shall con- duct criminal histor��checks of'�4innesota records and is au;horized to exchange finger- prints w�ith the Federal Bureau of 1n�•estieation for the purpose of a criminal background check of the national files. The cost of the in��estigation must be paid by the applic2nt. (d) For purposes of ihis section, "applicant" includes an emplo��ee �•ho exercises ; manaeement or policy control o�•er the company,a director,an ofricer,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. Histon•: I993 c 354 s I �y. � �.. �_�� '�. .��'-� -- . ��`'�� ' '_ ' _ ___ __ ._ OFFICE OF LICENSE,INSPECTIONS:�.\iD _ , - _ ,� - �---= -- --=---_.... ____ ._.._..__. _ .. _._.----- -_..� . ,..-. .. �. _ -_- . ENVIRON,l1E1�ITAL PROTECTIOti - --- .. __..__... -�.._.__ _ ----- _ _ - Robert Kessler,Director _ ��:\�q� ,-..- t - >._ �.. �_.. � . ._ _. CITY OF SAINT PAUL �^ �+ � )�+R}'PROFESS/ONAL Telephone:61?-J66-909/� Norm('olernari,tilnyor ��`J ��+� � � �� J1��I)/NG Fncsrrnile: 61'-_'66-909y a_, � � . , Siute 300 bl2-'66-9/?-1 ��; �.�.�� ;t„ j;; ;�.?S�1Sc PererStreer j�-+ ''! '`, ' Saint Paul.�Llinnesota 55102-1�10 i'iV'rii`,ii`E�J�J �� October 29, 1996 Gordon Peterson III 5100 Oakview Lane Plymouth, MN 55442 Re: Cunency Exchange License Application Dear Mr. Peterson III: 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 Ramsey Financial located at 577 University Avenue, St. Paul, MN 55103. Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the local governing body after published notice and hearing. The hearing will be conducted by an administrative law judge on behalf of the Council of the City of Saint Paul. The hearing will be held Wednesday, November 6, 1996 at 8:30 a.m. in the Ramsey County Courthause, 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). � _ �_ , .__ _ _ __ _ - _-,— , ._ _ _ _ _ _ �. . � �l�\`-��'j For your convenience, a copy of the notice of hearing as well as the City Ordinance Section 381 has been enciosed. If you have any questions, please contact Christine Rozek at 266-9108. Sincerely, i. � �� -�� Troy Gilbertson, License Enforcement Auditor Enclosure - cc: Virginia Palmer, Assistant City Attorney � � — _,.__,__ __ -_ --- OFFICE OF LICENSE,[NSPECTIONS AND _ .__.. . . . ENVIROI�IMENTAL PROTEC'I'IO\ - -..':_. _.. . .--- -.- __- - - Robert Kessler,Director _ ��-\�� . CITY OF SAINT PAUL LICENSE.4i�D Telephone 612-266-9l00 Norm(.'oleninn,i4layor INSPECT/ONS Facsimile:612-?66-9l2-! 350 St.Peter Street Suite.i00 Suint Pui�l.A�finnesota 55I03 �� NOTICE OF PUBLIC HEARING Currency Exchange License Apptication of Ramsey Financial 577 University Avenue Saint Paul, Minnesota 55103 Office of Administrative Hearings on the behalf of the COUNCIL OF THE CITY OF SAINT PAUL PLEASE TAKE NOTICE that testimony will be taken from interested persons, including those in the community with respect to the application of Ramsey Financial 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. . �} _ _ ___ . - . _ �".�,1cz—��1�='j Ch�pter 381. Currency Exchanges Sec. 381.01. St1te 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; he�ring; 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 ad�ninistrative hearin;s, 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 dis�pproval, etc. (a) Disapproval. The council may by resolution disapprove an application and, if so, shall state therein its reasons for so doina. 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. - _ _ -- c�%�l,-\`-'�� (b) Grounu'r for disappr•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 exchange law contained in Chapter 53 A. (2) Any one (1) or more of the reasons, conditions, or standards for adverse action under section 310.06 of the Legislative Code. (3) Failure of the applicant to pay the city fee and costs prescribed above. (4) (i) The location of a new currency exchange as proposed would cause- significant adverse consequences or impacts upon the neighborhoods within three hundred (300) feet of the exchange. Such anticipated effect must be shown by clear and convincing evidence. (ii) The existing currency exchan�e 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, of�=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 ihe 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 crnd corporcrtions. 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 denia] 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 followina words and/or phrases shall have the following meaning when used in this chapter and in Chapter 310 of tl�e Legislative Code. (a)Applicar�t. 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 outstandinj or issued shares of a corporation, and corporate manajers, 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'7�rrency 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 charae 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 jreater. (C.F. No. 94-46, � 5, 2-2-94) �