96-1496 Council File # — ) �D
E� f�' � (�_ f f,_ T !', �
� t � Ordinance #
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Green Sheet # `� -� � ��
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA �S
Presented By
Referred To Committee: Date
RESOLVED, that the currency exchange license application by Gaxy Dachis, Stuart
Tapper and Alan LePage d.b.a. Unbank Company for the premises located at 1098 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 reaolution 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 thie resolution, as adopted, shall be sent by first class mail to the
Administrative Law Judge and to the license holder. In addition, a copy of this
resolution as adopted shall be delivered by the Office of License, Inspections and
Environmental Protection to the Minnesota Commissioner of Commerce.
Yeas Nays � Requested by Department of:
Bost�om Office of License. Ins�ections and
Megar � � Environmental Protection
Guerin �
° �,�- �► ��.,�--
Adopted by Council: Date _Q� y} �9°�(o B�''
Adoption Certified by Council Secretary
Form Approved by City Attorney
By: � � BY, ��/
Approved by Mayor: Date G
� � a�� ,,� Approved by Mayor for Submission to
By: � Council
By:
OFFICE OF LIEP DNovember �8, 1996 GREEN SHEET
N° 3 518 0 G��"��
ec�ober 4, 1996 1 EPARTMENT DIRECTOR 3 ITY COUNCIL
ITY ATTORNEY ITY CI,ERK
st be OI1 C�LlYl�.'ll Agenda by: UDGET DIRECTOR EIN. & MGT. SVC. DIR.
AP YOR (OR AS3I3TANT)
OTAL # OF SIGNATQRE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURB)
CTION RFsQUESTED: Approval of currency exchange license renewal of Unbank
ompany located at 1098 University Avenue, Saint Paul.
COT�ENDATIONS: APPROVE (A) OR REJECT (R) ONAL SERVICE C�TlRaLTB la3T ]INSImt S� 1�OLLO�PINf3:
PLANNING C0�lIS3ION CIVIL SERVICE COhIl�lISSION 1. Has the person/firm ever worked under a contract for this department?
CIB C�ITTEE _ BUSINESS REVIEW COUNCIL YES NO
STAFF _ . Has this person/firm ever been a City employee?
DI3TRICT CWRT _ YES NO
3. Does this person/firm possess a skill not norraally po�see9ed by any
UPPORTS WHICH COUNCIL OBJECTIVE? Current City employee?
YES NO
aia all Yss aanrors on s srpar:t� �i�t aad attaah.
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, W'hat, When, Where, Why) :
VANTAGES IF APPROVBD:
nbank Company will continue to operate.
ISADVANTAGSS IF APPROVED:
one.
ISADVANTAGBS IF NOT APPROVED:
OTAL AMOUNT OF TR.ANSACTION ,� COST/R�NUE BUDGETFD YES NO
FUNDING SOURC$ ACTIVITY NUN�ER
FINANCIAL INFORMATION: (EXPLAIN)
C� F�sa�t! C;�rt81°
NOiJ 2 � 19�6
a �
• �'��—\��i �
60-21 1 1-1 0800-3
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE CITY COUNCIL OF THE CITY OF ST. PAUL
In Re the Currency Exchange License
Appiication of Unbank Company, FINDINGS OF FACT,
1098 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, no 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 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:
� � '
� �'-��:-\`��t,l�,
FINDINGS OF FACT
1 . The Notice of Public Hearing in this matter was served by the City of
St. Paul on the applicant on October 30, 1996, by mail.
2. In accordance with Minn. Stat. § 53A.04 and Chapter 381 of the St.
Paul Legislative Code, Troy Gilbertson, License Enforcement Auditor, notified
interested persons of the public hearing, scheduled for November 6, 1996, by
publication and by letter on October 30, 1996.
3. The applicant, by 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 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.
5. No members of the public have opposed the application for licensure.
2
, , - ������
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 Unbank Company.
�
Dated this � day of November, 1996, ^
,
/
'%� 'L� lG , �f -Z�1.�;G�?'�i..,
r' John W. Harrigan
��.' Administrative Law Judge
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
� i
CTTY OF SAINT PAUL `�_\���
INTERDEPARTMENTAL r�IEMORANDUM
DATE: 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 �� `��1
;��•ltd0•��'.� �P
`'•.�i�, OFFICE OF ADMINISTRATIVE HEARINGS
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
Unbank Company; OAH Docket No. 60-2111-10800-3
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,
r��l • ���'O
ancy . Thomas
Docket Clerk
Telephone: 612/341-7615
NT
Enc.
Providing Impartial Hearings for Government and Citizens
An Equal Opportunity Employer
Administrative Law Section&Administrative Services(612)341-7600 �TDD No. (612)341-7346 � Fax No. (612)349-2665
���`���
STATE OF MINNESOTA )
) SS. AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF HENNEPIN )
Luann Skrivseth, of the City of Minneapolis, County of Hennepin, in the State
of Minnesota, being duly sworn, says that on the 8th day of November, 1996, she
served the annexed FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION
on:
Unbank Company
1098 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.
Subscribed and sworn to before me
this 8th day of November, 1996.
Notary Pu c
- wiwnM�.wwi.�r
� NOTARY PUBIIC-�MIESO�TA
Mvco��.�..a�.moo
_._. __----- •°-----._-._- .. ._ � -�— OFF[CE OF LK:ENSE.iNSPECT10�5.-\:\D -������
� _ _
---��_ Roherrk"e.esfer.Uirecror
C1TY OF SAINT PAUL r.����xr r'R�)FES,SI�),�:-1L Tc���•�,��-:.,,, f„,-.•�-,,�,,,:
� VormC'oleman.A-/ayor ff(/ILU/.tiCi !•iic.urr,uc, 6/'-'�i._�in„
Suife 3pQ r„�_,(�f,-y;-'=
1 350 St Pete.��Street
, SaintPaul,��linnesota SS/02-1�10
�..��.�
October 29, 1996
Gary Dachis
12111 Golden Aere Dr.
Minnetonka, MN 55305 -
Re: Currency Exchange License Application
Dear Mr. Dachis:
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 the Unbank Company located at 467-469 St. Peter
Street, St. Paul, MN 55102.
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,
especial�y 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).
_ . _ _ -- - __ C _
.
-. _ - --- --- _,. __ _ --- Q - - ,
- _ _ _ _ _. _- _ °\.�---��. C�p
.
For your convenience, a copy of the notice of hearing as well as the City Ordinance
Section 381 has been enclosed. If you have any questions, please contact Christine
Rozek at 266-9108.
Sincerely,
� ��
Troy`Gilbertson,
License Enforcement Auditor
Enclosure
cc: Virginia Palmer, Assistant City Attorney
_ _
-- -- - - - - --- � ' OFFICE OF LICENSE.[�ISPECTIO�S�..�D �l �
' - F�vrunl�iF.�\T�1..�BLITECT�O\.:..�..... `� \� �
------------ — ------- ------- __. . __.._ _._ _.
---_ _ . . .__ . .. ---- � --�----_ -
Robert R e,s.sler,U�recror
CITY OF SAINT PAUL r.,��r.:�.��F�.��r� ,<;�-r�f�,,.t�- �,,,.,,,,,.,�,,,,
,ti'onn(.�oleman.;llnyor /.\'.C/'F_C'T/U.\.0 !,:.cinulr �,'?.'(���.�i,':�
3j(J ST.!'ercr Su eet
Srute 300
SaintPaul,Minnesota .i�JO?
���
NOTICE OF PUBLIC HEARING
Currency Exchange License Application
of the Unbank Company
467-469 St. Peter Street
Saint Paul, Minnesota 55102
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 the Unbank Company 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; defi�iition.
No person shall en�aje 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, ti 2, 2-2-94)
Sec. 381.02. Procedures; he�ring; fee.
(a)Pr•oced��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 tlle office of license, inspections and environmentai protection for initiation of a
hearing as rec�uired by state law within the period allowed for the response of the governin� body
The hearing shall be for the purpose of takin� testimony from interested persons, includin� those
in the community in which the applicant is located or is proposin� 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)Hearirrg. 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 conductin� the hearing or hearings
prescribed by state law, including publication costs and the cost of the administrative proceedin�s
and hearin� before an independent hearing examiner.
(C.F. No. 94-46, fi 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 doin;. It may adopt in whole or in part the findings of fact and
conclusions of la�v 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 a�y such resolution where necessary
to avoid a presumption of concurrence.
m:� _ _ . . .__ _ -: --
_ _ _
, —
, . __ : .. �.__.. -- ..__
(b) Grvrrnds for ca'isapproval. 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
�3A.
(2) Any one (1) or more of the reasons, conditions, or standards for adverse action
under section � 10.06 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, bondin� in an amount greater than that rec�uired 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 eijhteen (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 souaht 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) Per•s•an.s and corporc�tior7.s. 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 mana�ement control over the
enterprise.
_ _ - _ _ _ __ - _ _
_ _ -_ - ._:. . -
. . _ ._. _. .. _ _ ��-��
(C.F. No. 94-46, fi 4, 2-2-94)
Sec. 381.04. Definitions.
The following words and/or phrases shall have the fotlowina meaning when used in this
chapter and in Chapter 310 of the Leaislative Code.
(a)Applicar�t. The term "applicant" includes persons, partnerships, finns 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)Applicatior�. The term "application" includes applications for both new and renewal
licenses.
(c) Licertse. The term "license" refers to the state currency exchange license provided for
in Minnesota Statutes Section 53A.02.
(d) C.'7�rrer�cy exchar�ge. The term "currency exchange" is defined in Minnesota Statutes
Section S;A.O1, subdivision 1. Currency exchan�e means any person, except a bank, trust
company, savings bank, savings and loan association, credit union, or industrial loan and thrift
company, engajed 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)
. _ .,-_ _. , _ _.
_ _ _. : _ . .__ _- -- --. _
_ , __._ . __ _. _. OFFICEOFUCGNSE.INSPECTIU\'�;�,�,I�_._ - ��'��
_ " __._�.^_�_.�_"'°'..""�v"G'fR�CCl'�1':�t'PRC�TE � -.... -----
• .._ RobertKessler,Direcra�
CITY OF SAINT PA[JI., L06VRY PROFESSION.4/_ Telephone:612-Z66-909U
Nor�n Colemnn,Mayor BUILDING Focsunile: 612-?66-9099
Suite 300 612-266-913-1
350 St.Peter Street
SarntPaul,rLfinnesota 55102-ISIO
rr�
October 29, 1996
Stuart Tapper
9905 St. Johns Road
Minnetot�ka, MN 55305
Re: Currency Exchange License Application
Dear Mr. Tapper:
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 the Unbank Company located at 467-469 St. Peter
Street, St. Paul, MN 55102.
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 $317.00 and must be paid within (15) days
of the receipt of this letter. The Code further requires the applicant to reimburse the
City for its costs in conducting the hearing(s) prescribed by State Law. You may be
billed for those costs after the hearing(s).
- --. . . _ _ - -- _ - _ . - ___- _ :��_��°�.�
For your eonvenience, a copy of the notice of hearing as well as the City Ordinance
Section 381 has been enclosed. If you have any questions, please contact Christine
Rozek at 266-9108.
Sincerely,
� � �[l.ri,���.--�
Tro �ilbertson,
Y
License Enforcement Auditor
Enclosure
cc: Virginia Palmer, Assistant City Attorney
_ __ _
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. _ . _ -- -_.
_ _ __ Robert�es.cler.Uirecror
CITY OF SAINT PAUL �.i���.��.��f�.:i:��n ��•r�-��f,��.,�. �.��.�i�,.��,,,,.
;Vorm(.�Oler,�n.;l/u�•o� /.'�.C!'F_(�77U.\'$ l�rc:�muhr I�/'_'Gb.V;�=
�j!1 St.Peter$tn<et
Siulz 30lJ
So�nt Puul,Minnesotn 5�10?
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NOTICE OF PUBLIC HEARING
Currency Exchange License Application
of the Unbank Company
467-469 St. Peter Street
Saint Paul, Minnesota 55102
Office of Administrative Hearings
on the behaif 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 the Unbank Company 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 Wes; 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.
. ��
_ ' _. _ _ � �'���,� .
Ch�pter 381. Cw-rency Exch�nges
Sec. 381.01. State license required; detinition. '
No person shall engage in the business of a cun-ency exchanae in Saint Paul without a
license as provided by Minnesota Statutes Chapter S;A.
(C.F. No. 94-46, § 2, 2-2-94)
Sec. 381.02. Procedures; he�ring; fee.
(a)Pr•ocec�rrr•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
hearina 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 3 l 0.05 and 310.06 of the Legislative Code. The said office shall publish
and give notice as required by law.
(b) Hecn�ing. The hearing shall be held before an independent hearin� examiner in
conformity with the provisions of sections �]0.05 and 310.06 of the Le�islative 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 hearin� examiner.
(C.F. No. 94-46, � 3, 2-2-94)
Sec. 381.03. Grounds for disappi•oval, etc.
(a) I)i.sappr•ovczl. The council may by resolution disapprove an application and, if so, shall
state therein its reasons for so doin�. lt may adopt in whole or in part tl�e findings of fact and
conclusions of law of the independent hearing examiner and may amend the same to conform to
its decision on the record and the testiinony. Notice of the disappro��al ma�� be communicated te�
the commissioner of commerce before the et�-ective date of any such resolution where necessary
to avoid a presumption of concurrence.
_.._._.._..��_. ,_.__.._. _,... _ .____..... .__ _ _ _,�.._ __
:-_ - -- _ G.�\`-1.�i�
(b) CTroz.rnds 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 cui-rency exchan�e 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 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 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
zoninJ, building, fire and health codes.
(c)Per•svns and corporatioris. 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. De�initions.
The followin� words and/or phrases shall have the following meanin� when used in this
chapter and in Chapter 310 of the Le�islative Code
(a) A�plrcczrtt. The term "applicant" includes persons, partnerships, tiri�s and corporations
and all other forms of business ventures. It also includes employees who exercise management ot-
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 mana;ers, officers and
� directors.
(b)Appliccztion. 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'ur•rency 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, en�ajed 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 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)
_ = - —OFFICE OF LICENSE,INSPECTIUNS A:VD - - "
---- ' �— - .._._...:.._._._......_.�._____.._.�._.._--°°E�tiTRO��[Elv'TX�P
__ RobertKessler,Director ��—����p
CITY OF SAINT PAUL LOWR}'PROFESSIONAL Tefephone:6/?-266-909��
Norm('olemun.A-lnyor BU/LDIN(.; Facsimile: 613-?66-9fi99
$i�ite 300 613-?b6-91?-!
;i0 Sr.Perer Srrect
$mrrrPnul.llir�n�so�u i�10?-!510
��
Uctober 29, 1996
Michelle Yeske
319 Earl Street
St. Paiil, MN 55106
Re: Cunency Exchange License Application
Dear Ms. Yeske:
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 the Unbank Company located at 467-469 St. Peter
Street, St. Paul, MN 55102,
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 Councii
of the City of Saint Pal�l. The hearing will be held Wednesday, November 6, 1996 at
8:30 a.m. in the Ramsey County Courthouse, room 41, 15 West Kellog Boulevard,
Saint Paul, Minnesota. Your attendance at this hearing is extremely important,
especially if any adverse testimony is presenfed to which you wish to respond.
The Saint Paul Legislative Code Section 381.02(c) directs the license applicant to pay a
fee to the City covering the costs of administering and processing the currency exchange
application. The fee for this application is $317.00 and must be paid within (15) days
of the receipt of this letter. The Code further requires the applicant to reimburse the
City for its costs in conducting the hearing(s) prescribed by State Law. You may be
billed for those costs after the hearing(s).
�,lo--����
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 Cl�risti►�e
Rozek at 266-9108.
Sincerely,
/p ���
• ,.�.,�/�.'Lv
/ �
Troy Gilbertson,
License Enforcement Auditor
Enclosure
cc: Virginia Palmer, Assistant City Attorney
� � ' � -- (�FFICE OF LICENSE,I�I.SPECTIONS A.�D -- —=_ —
�...... .._._._._.,�___'_._____..�._,_._.___.._..� :.. ._ ____..:.J: >.__ _..._ �..__.___._.�Ei�fVIRO?IMEtvTAI:PR�"£1E�� _ — . .-._-:-_ _.____�----�_.
Roherti'essfer,Uirector �� ��^ �
C..i
CTTY OF SAINT PAUL r.����.:�.��e.a.�n i�-r,-,�;,,,,,�. ,,�,.,,,..-;,,,,,
,Norvn(�olemnn.Alo)'or l.\:C/'F!'77�1.\'.0 /�u♦,rmilc. i��'._i�n.��;�1
�jO.Sr.f'ercer.Street
Suue�01/
Sarn�Paul.Afinnesota S�lO?
.�.�ir
NOTICE OF PUBLIC HEARING
Currency Exchange License Application
of the Unbank Company
467-469 St. Peter Street
Saint Paul, Minnesota 55102
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 the Unbank Company 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.
� �-
��`��Y�
Chapter 381. Currency Exchanges
Sec. 381.01. St�te license required; definition.
No person shall engage in the business of a currency exchan�e in Saint Paul v��ithout a
license as provided by Minnesota Statutes Chapter 53A. .
(C.F. Nc�. 94-46, � 2, 2-2-94)
Sec. 381.02. Procedures; hearing; fee.
(a)f'rocec�'zir•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 hearin� 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
rec�uirements of sections 310.05 and 310.06 of the Legislative Code. The said office shall publish
and give notice as required by law.
(b)Hecrring. 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; casts. The applicant shall pay, within fifteen (1 S) days following receipt of the
application by the city, a fee coverin� the costs of administering and processing the application in
an amount to be established in conformity with the procedures in section 3 I 0.09(b) of tl�e
Legislative Code. The applicant shall also reimburse the city, within fifteen (1�) days followin�
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 dislpproval, etc.
(a)I)isapproval. 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.
- -- __ _ Cl,�-\��,�
(b) Grcrr�nds for•di,sappro��al. Disapproval of an application may be based on one ( I) or
more of the following grounds, in addition to any other �round allowed by la�v
(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
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 sijnificant 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 tl�e operation of the
business in accordance with the proced�ires in section 310.0� and the �,rounds 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 aDe.
(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
zonin�, buildin�, fire and health codes.
(c) Pc,>>�.s•nr�.r ar�d cnr��oralir�ri.s. If an applicant is a partnership, the application may be
denied if there is a basis for denial as to any partner. lf the applicant is a corporation, the
application may be denied if there is a basis for denial as to any (i) shareholder holdin; more than
five (5) percent of the outstandina or issued stock of the corporation, or (ii) officer or director of
the corporation, or (iii) employee of the enterprise having policy or mana�ement control over the
enterprise.
. _ . _._.._:_s _. . .. . .-- �_---_-._._. ._ . � - -
_ _--_ _ °��1`��,�a
(C.F. No. 94-46, � 4, 2-2-94)
Sec. 381.04. Definitions.
The fo(lowing words and/or phrases shall have the following meanin�when used in this
chapter and in Chapter 310 of the Legislative Code.
(a)Applicartt. The term "applicant" includes persons, partnerships, firms and corporations
and all other forms of business ventures. It also includes employees who exercise management or
policy control over the enterprise, general and limited partners, shareholders of more than five (�)
percent of the outstanding or issued shares of a corporation, and corporate mana�ers., officers and
directors.
(b)Appliccrtion. 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,'7.�rrerrcy exchartge. 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.?NSPECTIONS AND
EN VIRONMENTAL PROTECTION
RobertKessler,Director ��\���
CITY OF SAINT PAUL LOWRY PROFESS/ONAL Telephone:61Z-266-9090
\'onn Coleman,Mayor BUILDINC Facsimile: 61?-266-9099
Suite 300 612-266-9124
350 St.Peter Street
Saint Paul,Minnesota 551 02-1 51 0
��
October 29, 1996
Alan I.ePage
10723 Fillmore Stne
Blaine. MN 55434
Re: Currency Exchange License Application
Dear Mr. LePage:
The City of Saint Paul Off'ice of License, Inspections and Environmental Protection has
received notification from the Minnesota Department of commerce of your currency
exchange license application for Unbank Company located at 1098 University Avenue,
Saint Paul, MN 55104
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).
�i���c�tb .
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 �-���--= .
/ -�
Tro �lbertson
Y ,
License Enforcement Auditor
Enclosure
, cc: Virginia Palmer, Assistant City Attorney
I �\
� � �� \�- ��1,�lP
CITY OF SAINT PAUL
Norm Coleman, Mayor
ADMINISTRATIVE LAW HEARING —
IN THE MATTER OF THE LICENSE
APPLICATION OF UNBANK COMPANY
AT 1098 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.
Statute:
6. Minn. Stat. ch. 53A (6pp.).
, ' , ' OFFICE OF L[CENSE.INSPECTIONS AND
E\VIRONMENT.aI,PROTECTION
RvhertKessler.Director ������
CITY OF SAINT PALTL ��:i+Rr� �ROi•E.s.eir�;��..�t, r�,��-,�t,��,,,- r,�_-��.,,.�,��-,,
\-orntC'olemnn,:l.Iay�or 5(:1LDIN(.i � l�ac�nn�i�� il_'.'!��,-�.U'�;
S��rte.±00 n�'_ 'i,b-�i;_.,
:`O.St.Perer.Srr�e+
Sc�na�Pm�l.;1/�nr�asoti� ��l/I?-l�r U
�r
October 29, 1996
Gary Dachis
1211 Golden Aere Drive
Minnetonka, MN 55305
Re: Currency Exchange License Application
Dear Mr. Dachis:
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 Unbank Company located at 1098 University Avenue,
Saint Paul, MN 55104
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 admuustrative 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 La.w. You may be
billed for those costs after the hearing(s).
EXIIIBIT #1
-------��,_�_ _..._ r �
�� �� l�
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
, � OPFICC OF LICE NSE,l\SPCC"CI(J�S �.\D
, , ._ _ _:: _:-. -
.___ _--_:W..:_:_ .. _... ;_ _ _ _ --.. ::_. ,.. _. .
-•- _ - -..:.. . - --.. .___ E\\�iKC)\\tE'.\'T.aL:P2�Tl:C"i'1O�' -..,_ _ _"'
Koherr f.'e.+s,''er ,')irector \\ 4 �j �
c�� r.� �
CITY OF SAINT PAUL ;����:`sE.��.:; �«��-,�;,�;,;�- ,,�_ _,, ,;,,,,
VornrCol�mnri.;lln}�or l:A�.S%'ECTIO.`.:S 1�7�c.c�or,ke:Gl_'-=6�-'il?�
350 St.1'erer�rreer
Suite 300
Sa�ntPaul.,bfinnesota 55102
�..iir �
NOTICE OF PUBLIC HEARING
Currency Exchange License Application
of the Unbank Company
1098 University Avenue
Saint Paul, Minnesota 55104
Office of Administrative Hearings
on the behalf of the
COUNCIL OF THE CITY OF SAINT PAUL
PLEASE TAKE NOTICE that testimony ��Nill be taken Tr�m interested_persons, including
those in.the community with respect to the application of the Unbank Company to
operate a currency exchange by license issued under Minn. Stat. §53A.02.
- Minn: Stat.��53A:04 requires the approval or disapproval of the s#ate application by the
governing body, after published notice and hearing; within 6� 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 Frotection at 266-9108.
�� `���
Chapter 38�. Currency Exchanges
Sec. 381.01. State license required; definition.
No person shall engage in the business of a currency exchange in Saint Paul without a
license as provided by Minnesota Statutes Chapter 53A.
(C.F. No. 94-46, � 2, 2-2-94)
Sec. 381.02. Procedures; hearing; fee.
(a) Procedz�res. Upon receipt of a completed application from the commissioner of
coinmerce 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 a(lowed 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; 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 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)Disapp�•oval. 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 testiinony. 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) (>>•ounc�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
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 existing cunency 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) officei- or director of
the corporation, or (iii) employee of the enterprise having policy or management control over the
enterprise.
� G�-���� -
(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 aiid 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)Applicatiorr. The term "application" includes applications for both new and renewal
licenses.
(c)License. The term "license" refers to the state currency exchanje license provided for
in Minnesota Statutes Section 53A.02.
(d) C'i�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 charge for cashing a check or draft does not exceed one dollar
($1.00) or one (1) percent ofthe value ofthe check or draft, whichever is greater.
(C.F. No. 94-46, § 5, 2-2-94)
� . � OFFICE OF LICENS�,INSPECTIONS AND
ENVIRONMENTAL PROTECTION �� \� L��
Robert Kessler,Director ��
CITY OF SAINT PALTL 1nu�Rr �ROFCSS���.N�:a� r�:�«��h��„�- hr�-_�r,-��o�;�,
`:orm C'oleninn.A-/apor Bl.'/LI7/.'��(.; � ;���cs�m�le: 61_'-_'6G-v�iv�i
.S,�,rc�o�i �,i'-'r,r,_.,�_��
ijO.Cr.Pere��Sn�eer �
StuntP��rd..l9innesota �5/0?-l�10
� �
October 29, 1996
Stuart Tapper
9905 St. Johns Road
Minnetonka, MN 55305
Re: Cunency Exchange License Application
Dear Mr. Tapper:
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 Unbank Company located at 1098 University Avenue,
Saint Paul, MN 55104
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 Sta.te 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
' , - . OPFICG OF LICE\SL.INSPGC'll0\S.-�\D
_ , _ _- _ . .. _ r .s. _ :<_ _ : �_ _::._ , :. E�iVTRO�'\iF\T:�CPROTFCTICj\' ,. ,.. ,::.r_ _. .�
Roberi��es.rle� �hreeror ��—\���
CITY OF SAINT PAUL ._;���_;`.sf�-.a�.;; :�-;,:��;,�„,� ,,,� -,,_,;,,,,
Vorm(':-.;n�nri.Mnyor !.\`,S/'C('77U.\:� F��c,iniirc<:6/_.?•r-'il'�
3.i0 St.f'erer Street
Ji�ite 300
� SaintPaul,Jllinnesota .i5102
���
NOTICE OF PUBLIC HEARING
: Currency Exchange License Application
of the Unbank Company
1098 University Avenue
Saint Paul, Minnesota 55104
Office of Administrative Hearings
on the behaif of the
COUNCIL OF THE CITY OF SAINT PAUL
PLEASE TAKE NOTICE ±hat tesiimony �n�ill be taken from interested persons, including
those in the community with respect to the application of the Unbank Company 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
appiication.
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 Rrotection at 266-9108.
\�l� `�
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; he�►ring; fee.
(a)Prncedures•. 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, includinQ 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 publisl�
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)Disapprvi�crl. 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 cominissioner of commerce before the effective date of any such resolution where necessary
to avoid a presumption of concurrence.
�t�-��k�.b
(b) G�•ounc�s�,fo�•dzsapprvval. 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 currencv exchange law contained in Chapter
>;A.
(2) Any one (1) or more of the reasons, conditions, or standards for adverse action
under section 310.06 of the LeQislative Code.
(3) Failure of the applicant to pay the city fee and costs prescribed above.
(4) (i) The location of a new currency exchange as proposed would cause
significant adverse consequences or impacts upon the neighborhoods
within three hundred (300) feet of the exchange. Such anticipated effect
must be shown by clear and convincing evidence.
(ii) The existing currency exchange has caused significant adverse
consequences or impacts upon the neighborhoods within three hundred
(300) feet of the exchan�e.
(5) Failure of the applicant to agree to reasonable conditions upon the operation of the
business in accordance with the procedures in section 310.05 and the grounds of
310.06. Such conditions could include, but are not limited to, hours of operation,
off-street parking requirements, bonding in an amount greater than that required by
state law, and annual audits at the licensee's expense.
(6) The 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 c�nd corporcrtiorrs. 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.
� �-�`�`��
(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
cllapter and in Chapter 310 of tl�e Legislative Code. .
(a)Applicant. The term "applicant" includes persons, partnerships, firms and coiporations
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)Applicativn. 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) Crirr•eracy 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
($1.001 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:
Gary Dachis
1211 Golden Aere Dr.
Minnetonka, NIN 55305
Stuart Tapper
9905 St. Johns Road
Minnetonka, NIN 55305
Alan LePage
10723 Fillmore St
Blaine, MN 55434
(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. �
��
T Y GILBERTSON
x •
KAREN KAYOLSON
Subscribed and sworn to before me ��OTARYPUBLIGW�
thi s 1 s t day o f Novembe r, 19 9 6 . (�"y Commbslon Ezpi�Jeo.81�2A00
r x
Notary Public ��d �,, ,�a�, cTiso� �X�-, �� s��,�000
EXHIBIT #2
' OFFICE OF LICENSE,INSPECTIONS AND
ENVIRONMENTAL PROTECTION ��\\ �, �I i�
Rohert Kessler,�)irector ��' ���
CITY OF SAINT PAUL LicENSE.�vn r�i��h��n�- ei�-���_������
Norm Colernan,Mayor INSPECT/ONS /�acsim�le:613-?66-9/?a
350 St.Peter Street
Suite 300
Saint Paul,Minnesota 55102
�
NOTICE OF PUBLIC HEARING
Currency Exchange License Application
of the Unbank Company
1098 University Avenue
Saint Paul, Minnesota 55104
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 the Unbank Company 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
�,l��'� ���p
STATE OF MINNESOTA )
) ss. �AVIT OF SERVICE BY MAII.
COUNTY OF RAMSEY )
Troy Gilbertson, being first duly sworn, deposes and says that on October 30, 1996 he served
the atta.ched Notice of Hearing on the following named person by placing a true and correct copy
thereof in an envelope addressed as follow:
Summit Univ Ping Cncl St Paul Urban League Summit-Uniersity Counc
Peggy Byrne,Ex Dir Willie Mae Wilson Steve Wilson,Chair
627 Selby Avenue 401 Selby Avenue 838 Thomas Avenue
Saint Paul,MN 55104 Saint Paul,MN 55102 Saint Paul,MN 55104
SiJNIlVIIT AV RES PRESERV Rep Andrew J Dawkins Summit Residential Pres
LARRY D STARNS,PRES Minnesota Legislature Catherine Ballman,Pres
1950 SUMMIT AVE 371 State Office Bldg 506 Summit Avenue
SAINT PAUL MN 55105 Saint Paul,MN 55155 Saint Paul,MN 55102
Aurora St Anth Blk Club Midway Chamber of Comm Cathedral Hill Merch
Ron Pauline Executive Director Carl Nelson
770 University Ave W 1600 University Ave W#4 400 Selby AvBox Ofc Vid
Saint Paul,MN 55104 Saint Paul MN 55104 Saint Paul,MN 55102
Ramsey Hill Association Senator Sandra Pappas LEXINGTON BRANCH
Maryanne Lanick, Chair Minnesota Legislature LIBRARY
442 Summit Ave State Capitol G-24 1080 UNNERSITY AVENLTE
Saint Paul,MN 55102 Saint Paul,MN 55155 SAINT PAUL MN 55104
Summit Univ Ping Cncl Executive Director District Planner
RONALD J ZWEBER, CHAIR UNIVERSITY UNTTED LARRY SODERHOLM
468 HOLLY AVENiTE 1600 University Ave W#4 1100 City Hall Annex
Saint Paul,MN 55102 Saint Paul,MN 55104
Northwest Sector Police
Selby Area Com Dev Corp Editor Commander
Bob Porter,Exec Dir Grand Gazette 615 W University Ave
741 Selby Avenue 757 S Snelling Ave Saint Paul,MN 55103
Saint Paul,MN 55104 Saint Paul MN 55116-2250
(which is the last l�own addresses of said person) and depositing the same, with postage prepaid,
in the United States mails at Saint Paul, Minnesota.
. ,/ ,,�G�
TROY GILBERTSON
Subscribed and sworn to before me
this 1 st day of November, 1996,
�(�`, � * CARRIE A. DEFOE •
tJJ1�'V � �- ~ •: NOTARYPUBLIC•YINNESOTA
Notary Public - RANISEYCOUNTN
� : Ary Cwumialon Expnt J�n.a1.l000
. �
EXHIBIT #4
-- - - _-- - --- ----
--- FOTICE OF PUBLIC S�AB�3i�G�
� ' Carregcy Ezchaage Liceau Appl�at� , ����C�I _
oi Ramsey Flaancisl: lP
S77 Uaivenity Aveane �,�—t��(_ "FIDAVIT OF PUBLICATION
Saint Panl.�[iaaesota 6!f lOS _ jo
Oifice oi Admiaistrative Sesriags
on the behalf of the '
COUNCII.OF TSL CITY OF SAI1�T PAUL
PLEASE TAKE NOTICE that testimoay wiil be taleen from interested persons,
3nctuding .those in the community �ith resgect to the a¢plieafion of duly Swoin, On Oath Says that he is the
Ramsey.Financial to operate a currency exchange by-license tssued�•.underlOwII a.S thC St. Paul Legal Ledger and has
Minn. srat. �5sn.a2. , �` Y ' ` [ch are stated below:
Minn.Stat.�53A.04 regufres the approval or disapproval of the state application'
h�the,gov$ mg bod .,affer Rt�blished notice a�id heairi�fg',within 60 days after
�,ec���,of th�PPlic�tis�a. :-" . , ; , _ , � .. ,�mplied with all of the requirements
�e siteaa�civ�:���axrd�t�ed°t�c �an �;d�}a�,strat�v� 1aw Jud�e.from the�al newspaper, as provided by Minnesota
�a[�tea�t�� o��x�strt�x��8�aria�s.:�o��aLt,o��cr��-�ou�iaci�;.Q�.the:i other applicable laws, as amended.
.�����,�trf�`i?f�s`�8�tt��e���Tt�`�anchrecommendatior� for actioa, will be'
,�� �c�esi tq��tty,Cbu��il"foi�'ts a�ion.
pste of�Pn�ri�c �earing: Wednesdayr November6, Ysss c hearing which is attached was cut from
Time: 8:3o a.�n. - :r and was printed and published once; it
Locatioa of Pnblic Heariag: • y, the 30th day of October, 1996; and
Ramsey eounty courthouse e lower case alphabet from A to Z, both
Room 41, i,ower Levet cnowledged as being the size and kind of
15 West Kellogg Boulevard
st. Paut, Minnesota 55102 ind publication Of Said notiCe:
If you have any questions, please call ChrisEfne Rozek, Offi�e of License.
inspections and Environmental Protection at 266-9108. ;hijklmnopqrstuvwxyz
(October 30, 1996)
Subscribed and swom to before me this 30th day of October, 1996
� BARBARA A.ST.MAfiTIN �
NOTARY PUBLIC-MIWN'cSDTA
DAKOTA COUNTY
�� My Comm.Expiros Jan.31,2000
■ •
Rate Information
(1)Lowest classif'ied 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
�.��.�'r.-��. F'
c: i��
"<��-�� l�C.L \��� .
'T:;; 53A.01 CliRRE\C1'EXCHA\CES 1288
�:��
"� CHAPTER 53A
��
,��_- :
�,
r�:
��, ' � �' �;; CURRENCY EXCHANGES
�..
�
y` 53A.01 Definitions. 53A.07 Filing of fecs;unreasonabte fces.
--•:
�`; 53A.03 License. 53A.08 Bond.
_ 53A.03 Application for l;:;ase;fees 53A.031 Annual report and investigations.
53A.04 Approval or dr,.iJ of an 53A.09 PoNers;limitations;prohibitions.
�' application. 53.4.10 Violations.
^- 53A.05 Change of nane,cy:�ership,or 53A.11 Books of account;annual report.
' location. 53AJ 2 Rules.
.�-` 53A.06 Fine,suspensie�.or re�ocation of 33.�1.13 Fee noticr,faise ad�•enisin¢;
�
" license.
penalty. •
-
�1.
�°'` 53A.01 DEFI\TTIO\S.
.�=.
`'` Subdivision 1.Currenc�•exchange."Currency exchanee"means any person,except
r �,:
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 tra�•elers' 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 51 or one percent of the �•alue of
_ the check or draft, whichever is ereater.
`= Subd. 2. Commissioner. "Commissioner" means the commissioner of commerce.
- Histon�: 1989 c?47 s 1
`=' S3:�.02 LICE\SE.
,;:
- ' Subdi�•ision 1.Requirement..�person ma��not eneaee in the business ofa currency
exchange without 5;st obtaining a license from the commissioner. Not more than one
place of business may be operated under the same license, but the commissioner may
issue more than or,e license to the same licensee upon compliance by the applicant with
°. all the provisions of this chapter for each new license issued.
�t Subd. 2.Distance limitation.No license ma}•be issued or renew•ed under this chap-
x ter if the place of bLSiness to be operated under the license is located or proposed to
:' be located within one-half mile of another ]icensed currency exchange. The distance
�i "' limitation imposed by this subdi��ision is measured by a straight line from the dosest
�II #' paints of the c]osest structures invol��ed.
Subd. 3.Prohibition.,4licensee may not contract with another person or business
entity to manage the currency exchange business. This subdi�•ision does not prohibit
the licensee from employing persons to operate a currency exchange facility.
- History: 1989 c Z47 s 2; 1992 c 504 s 2
- 53A.03 APPLIC:�TION FUR LICE\SE; FEES. l RV��EG1I���� S� �f�P�d-G��
(a) An application for a license must be in writing, under oath, and in the form
prescribed and furnished by the commissionerand must contain the follow�ing:
(1) the full name and address(both ofresidence and place of business)ofthe appli- .
cant, and if the applicant is a pannership or association, of every member, and the
name and business address if the applicant is a corporation;
(2) the county and municipality, with street and number, if any, of all currency
- exchange locations operated by the applicant; and
(3) the applicant's occupation or profession,for the ten years immediately preced-
ing the application; present or previous connection with any other currency exchange
`;. in this or any other state;whether the applicant has ever been convicted of any crime;
and the nature of the app}icant'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 panner and each officer and director of the corporation. If
�,,
�:
EXHIBIT #6
! .'�
� ��� ��� �
izs9
C�RRE�CY E\CHA.\CES 53A.05 � �
the applicant is a partnership or a nonpublicly held corporation,the information speci-
fied in this paragraph must be required of each panner and each officer, director,and
stockholders owning in excess of ten percent of the corporate stock of the corporation.
� (b) The application shall be accompanied by a nonrefundable fee of 52�0 for the l
review of the initial application. U on a
license fee of�50 must be aid b p pproval b}• the commissioner, an additional �.`
i P y the applicant as an annual license fee for the remain- �
der of the calendar year.An annua!license fee of$�0 is due for each subsequent calen- �
dar year of operation upon submission of a license renew•al application on or before
j1 December ]. Fees must be deposited in the state treasury and credited to the genera! �
fund. Upon payment of the required annual license fee, the commissioner shall issue �
�:
i 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 a }
As part of the background investigation,the bup au of criminal acondition of]icensure. ;:
duct criminal history checks of Minnesota records and is authori ed to exch nge fingen- �
prints w�ith the Federal Bureau of lnvestigation for the purpose of a criminal i.
�.
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 who exercises
man2gement or policy control o��er the company,a director,an of�er,a limited or gen-
era]partner,a manager,or a shareholder holding more than ten percent of the outstand-
ing stock of the corporation. _
�
- Histon�: 1989 c 247 s 3; 199?c�04 s 3 -
53.�.Oa :�PPRO�:�.I, OR DE\L�L OF,�\.�ppLIC.�TIO\.
(a) «'ithin 30 da��s after the receipt of a complete app]ication, the commissioner `�
shall deny the application or submit the application to the go.•erning body of the]ocal
i
unit ofgo�•ernment in w�hich the applicant is located or is proposing to be located.The ��
commissioner ma}•not appro��e zhe application w�ithout the concurrence of the govem-
ing body. The go��erning body shall gi�•e published notice of its intention to consider '
the issue and shal] solicit testimony from interested persons, including those in the
community in w�hich the applicar.t is located or is proposing to be located.If the go��ern- �
ing body has not appro�•ed or disappro��ed the issue w�ithin 60 da}�s of receipt of the
application,concurrence is presumed. The commissioner must a �=
the application a�ithin 30 da��s from receiving the decision of the go�ernin body IThe �
go��erning body shall ha�•e the sole responsibilit}• for its decision. The state sha11 ha.•e `
no responsibility for that decision. r;
(b) If the application is denied, the commissioner shall send by mail notice of the r
denial and the reason for the denial to the applicant at the address contained in the `�.
application. If an application is denied,the applicant may,w•ithin 30 da}�s of recei�ing `
the notice of a denial,request a contested case hearin t;
that if the denia] is based upon the refusal of the governUng body to c ntcur he gov erna �
�.
ing body must afford the applicant a hearing. The applicani shall ha�-� no right to the �=
hearing pro�•ided 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. �:
(c) This section applies to initial applications and renewa! applications. �:
(d) The state shall ha�•e no responsibility for the action of the go��erning body.
�..
Histor�•: 1989 c 247 s 4; 1992 c SO4 s 4 �
x.
53A.05 CH.�.tiGE OF N.411E, ONN£ItSHIP, OR LOCATION.
Subdivision 1.Name or location.If a licensee ro oses t �
tion of any or all of its currency exchanges, the lic nsee shall file an appl cat�ionfor
approval of the change w•ith the commissioner. The commissioner shal] not approve
a change of location if the requirements of sections 53A.02,subdivision 2,and 53A.04
have not been satisfied. If the change is approved by the commissioner, the commis-
.- �.
'�*-.— _ �.
:.�` Y',��,,;A � '
� � ���
��:;:
�� LP
..��,:.
-..;�w�;xj; 53A.05 CCRRE�CY EXCHA.�GES I?90 '
��,:._
��_
_ -� �`'.
sioner shall issue an a=nended license in the licensee's new name or location.A 550 fee �
� z� must be paid for the amended license. s
�.�..�:
�. Subd. 2.Ow•nership.The licensee shall notify the commissioner 30 business days
_+,'
in advance of any cl;ange in ow•nership of the currency exchange. The commissioner
may revoke the currency exchange license if the new ownership would have resulted _
� =�;' in a denial of the initial license under the provisions of chapter 53A.
Histon•: 1989 c?y7 s S; 1992 c 504 s 5
.�,; 53a.06 FI\E, SL'SPE\SIO`, OR RE�'OC:�TIOV OF LICE\SE.
�- (a) The commissioner may suspend or revoke any license under section 4�.027 if
the commissioner finds that:
(1) the licensee has failed to pay the annual license fee or to maintain in effect the
required bond or to comply with 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
� provision of Laws 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 violated any
other ]aw w•hich w•ould indicate that the person is untrustw•onhy or not qualified to
�= operate a currency exchanee; or
_ (4) any fact or condition exists w�hich, if it had ezisted at the time of the orieinal
or renewal applicatien for the license,w�ould have w�arranted the commissioner refusing
the issuance of the license. ,
'� (b) �license ma��not be re��oked until the licensee has had notice ofa hearing pur-
, suant to the pro��isions of chapcer 14.
(c) A licensee m.a�•surrender any license by delivery 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 return of any part of any license fee.
(d) Before suspension or re��ocation of the license, the commissioner ma�• fine a
licensee for �•iolations of Law�s 1939, chapter 247, as authorized under chapter 45.
Histon�: 1989 c ?a7 s 6
53A.07 FILI\G OF FEES; L\�2EASO�iABLE FEES.
� Subdi��ision 1.Appro��al of fees.Fees chareed at each location for check cashing ser-
vices must be filed with and approved by the commissioner.
Subd. 2. :�mendment 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�riting,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 and 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 Dfinnesota;
(2) the income,cost,and experience of the operations of currency eYChanges exist-
ing prior to this enactment or in other states under similar conditions or regulations;
� (3) the amount of risk involved in the type of check to be cashed and the location
where th�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_�
. • � ` ' � ��
��.� \ �.�� '' � �,�:�
.�= �
��9� CCRRE\C1'E\CHA.VCES 53A.11 -
(5) a reasonable profit for a currency exchange operation; and
(6) any other matter the commissioner deems appropriate. '
The commissioner shall set a separate rate, consistent w�ith the abo�•e standards, for '�
checks issued by a government entity in an amount up to 5�00 to be cashed by a cur- "
rency exchange.
History: /939 c 297 s 7
53�.08 BO\D. ��
Before a]icense may be issued to a currency exchange,the applicant shall file annu- �-
ally with and have appro�•ed by the commissioner a surety bond, issued by a bonding 5;
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 exchanee for liability incu�ed by the currency e�change on money orders issued
or sold by the currency exchange, for liability incurred by the currency exchange for
sums due to a pay�ee or endorsee of a check,draft,or money order left w�th the currency
exchange for collection, and for]iability incurred by the currency exchange in connec-
tion w�ith pro��iding currency exchange services. The commissioner may require a
licensee to file a bond in an additional amount if the commissioner considers it neces-
sary to meet the requirements of this section. In determining the additional amount of '•
the bond w•hich may be required, the commissioner 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 ]ess than the initial
510,000 or more than the outstanding liabilities.
Historv: 19s9 c 247 s 8; 1992 c�04 s 6 -
53.�.081 A\\UAL REPORT:�\D I\�`ESTIGATIO�S. ,
Subdi��ision 1.Annual report.On or before�farch 1, a licensee shall file an annual
repon w�ith the commisSioner for the pre�•ious calendar�ear. The repon must contain
information that t�e commissioner may reasonably require concerning, and for the
purpose of examinine,the business and operations of each 1•.censed currency exchanee.
Subd. 2. In��estigation.The commissioner ma}•at aa}�time and shall at least once �
in each}ear in�•estieate the currencp exchange business of an}•licensee and of e��ery per- i-
son, partnership, association, and corporation engaged in the business of operating a
currency exchanee in the manner pro��ided under section 45.027.
Subd. 3. Fees and expenses.The]icensee shall pay tne costs of an examination or �°.
in��estieation in the manner pro��ided under section 60.�.03, subdi�ision 5. x:
Hisiory: 199Z c.iO4 s 7 �
53.�.09 PO«'ERS; LI�IITATIO\S; PROHIBITIO\S. L
A currenc}�exchange may not accept mone��or currenc}�for deposit,or act as bailee r;-
or agent for persons, firms, pannerships, 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 travelers' checks. �
Histon•: 1989 c Z�7 s 9 �.
L
s3:�.io �'IOL�TIO\S. �
Any person,firm,association,partnership,or corporation that violates Laws 1989,
chapter 247, sha11 be guilty of a misdemeanor.
Histor�•: 1989 c 247 s 10
53A.11 BOOKS OF ACCOUl`TT; 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 with the pro��isions of Laws 1989, chapter 247, and wzth the rules adopted by the
~;,,�.�..-�;;���y"^"�r_
.F-�-��.-�- �_
� �����r 4�-a�.�r
�a:.::4. ''Z`'�'...�"~.'.'�r.��.`�r-'�
'�7�:�..�xli.n:",,..;.�,s�"+� .
��r el4:s'�.`5.4`��"._�„-^'.�d..�.
`Q"���
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_,�t;`'�- ��1J� \�� \1C
� �•�='==`-. 53A.11 CliRRE\C'1'EXCI-L�.\GES �Z92
� f ��,.-.�z _�.
� ����r: commissioner. A licensee shall preserve the books, accounts, and records for at least
= �,:
_, y .w t�;,. two years after making the final entry.
,� -
���' �--�- _ History: 19�9 c 247 s I1
� ii' . �"���_' S3A.12 RULES.
.��..��
g-s' The commissioner may adopt rules under chapter 14 as may be necessary to
- administer and enforce this chapter. .
- History: 1989 c 247 c 12
_ ..�;� ,�.�=:
�. :-�- ��' S3A.13 FEE\OTICE; F.�I,SE AD��RTISING; PEN.�I,TY,
�' Subdivision 1. Fee notice. The fees charged by currency exchanges for rendering
- �•'�== any service authorized by this act must be prominently displayed on the premises of
4-LL^ the currency exchanee in the fashion required by the commissioner.
,�
'��°= Subd. 2. False adr�ertising. .4 licensee may not advertise, print, dis ]ay
_ _ p , publish,
- distribute, or broadcast any statement or representation that is false, misleading, or
� '� -- deceptive, or that omits material information.
- }- Subd. 3.Ci��l liabilih;penalh�.A person w•ho violates any subdi�•ision of this chap-
� ter is liable to the person damaged b}•the violation for actual damages.The court may
- ��: award reasonable attorney fees and costs.
History: 1989 c 297 s 13 �
�� 53A.14 [Repealed, 1992 c 504 s 8) ,
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169 CL'RRE\Cl'E\CHA�GES 53.4.03
!
i
' CHAPTER 53A
; I'
CURREi�'CY EXCHA�GES
53A.03 Appliriion for license;fees.
53A.03 APPLICaTION FOR LICE\SE; FEES.
(a) .4n application for a license must be in w�riting, under oath, and in the ;orm
prescribed and furnished by the commissioner and must contain the following:
(1) the full name and address(both of residence and plzce of business)of the appli-
cant, and if the applicant is a pannership or association, of e��ery member, and the
name and business address if the applicant is a corporation;
(2) the county and municipality, w�ith street and n��ber, if any, of all currency
exchanee ]ocations operated by the applicant; and .
(3) the applicant's occupation or profession,for the ten�•ears immediatel}�preced-
ing the application; present or pre�•ious connection ��ith 2ny other cu�ency exchanee
in this or any other state;w�hether the app]icant has e��er been con��icted of any crime;
and the nature of the applicant's occupancy of the prem;ses to be licensed; and if the
applicant is a pannership or a corporation,the information specified in this p2ragraph
must be supplied for each panner and each of�icer and di;ector of the corporation. If
, the applicant is a partnership or a nonpublicly held corporz;ion,the information speci-
fied in this paragraph must be required of each partner aad each officer, director, and
stockholders ow�ning in excess of ten percent of the corpo;ate stock of the corporation.
(b) The application shall be accompanied by a non;e,''undable fee of 5250 for the
review of the initial application. L pon appro�•al by the co:nmissioner, an additional
license fee of 550 must be paid by the applicant as an annual]icense fee for the remain-
der of the calendar��ear..4n annua]license fee of��0 is due for each subsequent calen-
dar year of operation upon submission of a license rene��al application on or before
September 1. Fees must be deposited in the state treasur��and credited to the general
fund. Upon pa��ment of the required annual license fee, the commissioner shal] issue
a license for the ��ear beginning January 1.
(c) The commissioner shall require the applicant to submit to a background in�•es-
tigation conducted by ihe bureau of criminal apprehension as a condition of licensure.
As part of the background in�•estigation,the bureau ofcrim;nal apprehension shall con-
duct criminal history checks of'�linnesota records and is authorized to exchange finger-
prints with 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 v��ho exercises
management or policy control o�•er the company,a director,an officer,a]imited or gen-
eral partner,a manaeer,or a shareholder holding more than ten percent of the outstand-
ing stock of the corporation.
Histor�•: 1993 c 3S4 s 1
�
- �+�'�
�
-- -
F_ -. . - .'.� . . .._ ..:.._..___"' .. ., ... .
�.,._.._. _ _ _ _----.-----.---- .. - .- OFFICE OF LK'ENSE.[NSPECTIO�S.-�.�I) -
. _ _ . ._ ' 1 �'�'tol����srw.. �_n ���czv'r���
.'���.u'
Rnherr{,'e� a� D�rector ��\` l ��
_ ___ . _... - . _ _ _. .._ ---.— - --- �.�
---- t`y�-�-y r-- t�r•.. {� --
# : C1TY OF SAINT PAUL (�r �y� .� Ra n�� �Rr�FES,s�m,��.-�r. r����•�,�� ,�- r, -�,,.�,,,,;
Vorm C'olemnn.:19a)�o�. J''.° Li's� v � �S:l �J/�}�(; '
� (?�C.�nr,��_ 61 Fi�_'ilr�„
.Stute3pp f,l'_ ff �:'-'=
�^ J ` � � -:! �, i i�'��St.Peter Street
IJ 'h ;"" � SaintPnul.�L(lnneso[n .i5l02-1�10
�IL�r51��,i:-. �J •
Y��
October 29, 1996
Gary Dachis
12111 Golden Aere Dr.
Minnetonka, MN 55305 - - -
Re: Cunency Exchange License Application
Dear Mr. Dachis:
The City of Saint Paul Office of License, Inspections and Environmental Protection has
received notification from the Minnesota Departrnent of commerce of your currency
exchange license application for the Unbanl: Company located at 467-469 St. Peter
Street, St. Paul, MN 55102.
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 A�iditor
Enclosure
cc: Virginia Palmer, Assistant City Attorney
� , . _ _ __ _ _ -,.. __ _
_ _ _. . . __ . .. �__ - _.._. ___ .
.__ _ ._. .. __ _ OFFICE OF UCGNSE.INSPEGTIO\,S a;�U- .- .-.. . .-.. _ -.. _
._ " _ A_....._....___..._._...""`""'EV'G�C1��,C'C _1'E�'I':�.t'PRO'T'E , .._.__ .___..,_-
--- RobertKessler.Directa- ^ �_\���
C�
CITY OF SAINT PAUL LOGVRY PROFESS/O:V.4L Telephone:612-?66-909U
Nor�n(.'nleninn,,A�Iayor BU/LDING Facsunile: 612-266-9099
Sidte 300 612-266-9I24
350 St.Peter Street
SaintPaul,iLfrnnesota 55102-I510
��
October 29, 1996
Stuart Tapper
9905 St. Johns Road
Minnetoiil:a, MN 55305
Re: Currency Exchange License Application
Dear Mr. Tapper:
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 the Unbank Company located at 467-469 St. Peter
Street, St. Paul, MN 55102.
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 L,egislative Code Section 381.02(c) directs the license applicat�t 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).
_ _ _ __ _ �b,--�,'�.�c�� .
For your eonvenience, 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.
Si�icerely,
� � �'�.����
Tro �ilbertson
Y �
License Enforcement Auditor
Enclosure
cc: Virginia Palmer, Assistant City Attorney
� - -- - - �' - - OFFICE OF UCENSE.[�ISPECTIUNS:�.\D _
' _ _ : ...._ __ - __ __ _-- -
___....... --.-,^--=_._ ..._.Eli VLRC�N�tENT.AI.-PROT.ECTIQ� . _
. . - . -- _ ._ Robert�esslu.U�rector
���`�.�.�
CITY OF SAINI' PAUL i.i��,_�.�.��F�.:i:�n 7.•�.•����,,,�� �,,,.,�.,,.�,,,,,.
,�orm C�olen;an.;1lcryor /.\.C('(?('77[l.\;S _ __
I���rt:.ini�lu�G/: '/,I�.�);
>>0 St.f'eter SU uet
Slute 300
Sa�ntPaul,Minnesota SSlO?
���
NOTICE OF PUBLIC HEARING
Currency Exchange License Application
of the Unbank Company
467-469 St. Peter Street
Saint Paul, Minnesota 55102
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 the Unbank Company 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.
. �.
��� �.��
Ch�pter 381. Currency Exch�n�es
Sec. 381.01. State license required; detinition.
No person shall engage in the business of a currency exchanae in Saint Paul �-vithout a
license as provided by Minnesota Statutes Chapter S;A. y
(C.F. No. 94-46, fi 2, 2-2-94)
Sec. 381.02. Procedures; helring; fee.
(a) Procecfra•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
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)Hea�"1i1�,>. The hearin� 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 hearin�s, to the extent such n�les 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 hearin; examiner.
(C.F. No. 94-46, § 3, 2-2-94)
Sec. 381.03. Grounds for disapproval, etc.
(a) I)i.s•appro>>al. The council may by resolution disapprove an application and, if so, shall
state therein its reasons for so doin�. lt may adopt in whole or in part tl�e findin�s of fact and
conclusions of law of the independent hearin� examiner and may ai��end the same to conform t�
its decision on the record and the testiinon_y. Notice of the disapproval may be communicated tc�
the commissioner of commerce before the et�ective date ot�any such resolution where necessary
to avoid a presumption of concurrence.
_ _ _ . ��-����
(b) Grounds for ci'isapproval. 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 cuTrency exchan;e 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 rec�uirements, bonding in an amount greater than that required by
state law, and annual audits at the licensee's expense.
(6) The applicant is not of good moral character and repute and/or is unfit to operate
such a business.
(7) The applicant is not at least eighteen (t 8) years of a�e.
(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 exchan�e licensed by the state.
(10)) The applicant or its proposed business location does not comply with applicable
zoning, buildina, 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 manaaement control over the
enterprise.
_ - _ _ � - � . -- ��\`-��.1�.
(C.F. No. 94-46, § 4, 2-2-94)
Sec. 381.04. Definitions.
The following words and/or phrases shall have the following meanin� ���hen used in this
chapter and in Chapter 310 of the Le�islative Code
(a)Applrccrnt. The term "applicant" includes persons, partnerships, tirms and corporations
and all other forms of business ventures. It also includes employees who exercise manajement 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 manajers, officers and
� directors.
(b)Application. The term "application" includes applications for both new and renewal
licenses.
(c)Lzcense. The term "license" refers to the state currency exchange license provided for
in Minnesota Statutes Section 53A.02.
(d) Cur•rency 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,[NSPECTIONS A\9 -' "
.�_. _._._.....�....._......-- ------.__�._.:._._._�'VIR�hti[Eti'Tf�P �
Robert Kessler,Director
�� \���
CITY OF SAINT PAUL LOWR}'PROFESSIONAL Telephone:6/2-266-90>�/
:'Vorm C'oleman.A9��yor BUILDlNG �acsrmUe: 6!?-?66-9�i99
Suite 300 6l?-366-9/?-I
3 i 0 St.Pe ter.Cu eer
Smn�Pnnl.l l+rirrc.cofu ??1(/_'-!51(I
�ir
Uctober 29, 1996
Michelle Yeske
319 Earl Street
St. Paul, MN 55106
Re: Currency Exchange License Application
Dear Ms. Yeske:
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 the Unbank Company located at 467-469 St. Peter
Street, St. Paul, MN 55102.
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 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).
��U-: 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,
�p ���
,.��,����
/ �
Troy Gilbertson,
License Enforcement Auditor
Enclosure
cc: Virginia Palmer, Assistant City Attorney