01-231Council File # Q 1��,3 �
Green Sheet # J /Q!5 p �
Presented By
Referted To
RESOLUTION
CITY OP' SAINT PAUL, MINNESOTA
Committee: Date
1 VVHEREAS, Unbank Company, LLP, has applied to the Minnesota Deparhnent of
2 Commerce for a currency exchange license at 1614 White Bear Avenue; and
3
4 WHEREAS, pursuant to Minn. Stat.§53A the application was submitted to Saint Paul for
5 approval or disapproval; and
7 WHEREAS, the Office of License, Inspections and Environmental Protection has
8 recommended denial of the application because the location in question does not meet the
9 separation requirements of Saint Paul Legisiative Code §60.542, in that the building in which the
10 business intends to locate is within 100 feet of a residential lot at 1818 Idaho Avenue East; and
11
12 WHEREAS, the applicant challenged this determinarion by the zoning specialist and
13 requested a hearing before an Administrative Law 7udge, and the matter was heard on February
14 26, 2001 and the ALJ issued Findings of Fact, Conclusions and a Recommendation dated March
15 2, 2001, recommending denial of the license; and
16
17 WHEREAS, Saint Paul Legislarive Code §381.03(b)(10), provides that a currency
18 exchange license may be disapproved if the applicant or its proposed business location does not
9 comply with applicable zoning, building, fire and health codes; now, therefare, be it
0
�,�'�
01. � 31
RESOLVED, that the City of Saint Paul recommends disapproval of the currency
exchange license appiication by Unbank, LLP for the premises at 1614 White Bear Avenue in
Saint Paul to the Minnesota Department of Commerce.
FLJRTHER RESOLVED, that the Pindings of Fact, Conclusions and Recommendation of
the AL7 shall be adopted as the findings of the City Council in this matter.
Requested by Department of:
Adoption Certified by Council Secretary
By:
Appz
By:
BY � � � ' �'!X�✓
Form Approved by City Attor
BY: ��/o.�;� ��
Approved by Mayor for Submission to Council
Adopted by Council: Date ��\� ' 1 p�.� Q,
-- �—� --.-`�'�---•1
March 7, 2001
Councilmember
7, 2001 (Suspension Ztem) NUMBEItFOR
nounxc
orsoFx
TOTAL # OF SIGNATURE PAGES
QI—�3�
110302
GREEN SHEET
No
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(CLIP ALL LOCATIONS FOR SIGNATURE)
Disapproval of the curxency exchange license application by Unbank, LLP, for the premises
aC 1614 White Bear Avenue and adopting the Findings of Fac, Conclusions of Law, and
Recommendation of the Administrative Law 3udge.
PLANNING CQMMISSION
CIB CPMMITTEE
GVI4 SERYICE CpMMISSION
Where,
AMPt1NT @P T�NSA�lPN f _ _ _ _ .
gqyRgE
Has this aereaMum ever vrorked wWer a wNract Por thia tlepaRm&nlP
YES NO
Has thie persoNfrm ever been a oRy flmpbyee'I
YES NO
ooes this ce�oNfirm coescres a skill not normallypossesaed by eny cuneM city employee7
VES NO
Is thiy petsaNfum a Wrgeted ventlpR
VES NO
S:9Si1REV€NBE aUP2�e9lFIR&6� Qllkl Y_� MB
ACTNIfl'NUMBER
�NF4&u9fi�M totew�
OFFICE OF THE CITY ATTORNEY �/� � 3 I
Clayton M Robinson, Jc, Ciry Aaorney
CITY OF SAINT PAUL
Nam+ Co[eman, Mayor
��
February 15, 2001
civitDivision
400 Ciry Holl
I S West Kellogg Blvd.
Saint Paul, Minnesota 55102
NOTICE OF RE-SCHEDULED HEARING
A.ND
NOTICE OF COUNCIL HEARING
�
U
Mr. Dan Rosen
Rosen & Rosen
150 South 5'h Street, Suite 3250
Minneapolis, Minnesota 55402
S �'�` —
Telephone: 651 26587/0
Faaimile: 651198-Sb/9
Cpunci! Research C2r�fer
FE6 2 � 2001
RE: Currency Exchange License Application submitted by Unbank Company, LLP d/b/a
Unbank Company, LLP for the premises located at 1614 White Beaz Avenue in St. Paul
Dear Mr, Rosen:
As we discussed, we have now re-scheduled the administrative hearing to Monday, February 26,
2001. The hearing will begin at 10:00 a.m., in the Ramsey County Commissioners O�ce, Room
220 City Hall, Conference Room C. The State of Minnesota Office of Administrative Hearings as
re-assigned this matter to Judge Richard C. Luis (612-349-2542).
Additionally, given the time constraints for a response to the Minnesota Department of Commerce
on your client's application for a currency exchange license, and in anticipation of timely receipt of
the Administrative Law Judge's report, we have also scheduled this matter for public hearing in front
of the Saint Paul City Council, City Council Chambers, Third Floor, Saint Paul City Hall, on
Wednesday, Mazch 7, 2001. Public hearings begin at 530 p.m..
If you have any questions, I can be reached at 651-266-8710.
Sincerely,
- ���°'.�-�.c'��' '� c�Jl�--.�,
Virginia D. Palmer
Assistant City Attomey
cc: LaVon Regan, Office of Administrative Hearings, 100 Washington Square, Suite 1700,
Mpls, MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall �
Roger Curtis, Director, LIEP
Christine Rozek, LIEP
Chuck Repke, Community Organizer, District 2 Communiry Councii, I461 Sherwood Ave.
E., St. Paul, MN 55119
�
�
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7-6020-14112-3
STA'I'� Or 1�II�fi'�SOTA
OrFICE OT ADMIlVISTRATIV� T��A.RL�'GS
FOR TII� SAINT PAiiL CITY COL?ICIL
In Re the Currency Exchange License FINDNGS OF FACT.
Appifcation of Unbank Company, LLP, for CONCLUSIONS AND
the Pcemises at 1614 White Bear Avenue RECO�tiTi4IENnATTON
The above-entitied matter came on for hearing before Administrative Law Judge "
(ALJ) Richard C. Luis, serving as hearing officer for the Saint Paul City Council on
Febtuasy 26, 20D1, at 10�,00 a.m. in Room 220 of the Saint Paul City Ha41-Ramsey
County Courthouse. The record was held open for submiss(on of proposed Findings of
Fact, Conclusions and Recommendation until February 28, 2001.
On January 30, 2001 the City issued a Notice of Hearing on the application which
set a hearing date for February 12, 2001.� The hearing was re-scheduled to February
16, 2001 8t the request of the Applicant? and ihen rescheduled again for February 26,
2001 3 The City's Notice of Re-Scheduled Hearing is dated February 15, 2001, and it
also sets this matter for a pu6lic hearing in front of the City Council on March 7, 2001 in
order to meet the sixty-day time requirement (See Minn. Stat. § 53A.o4(a).) for the {oca!
governing 6ody to communicate its approval or disapproval of issuance of the license to
the Department of Commeroe.
Virginia D. Palmer, Assistant City Attorney, 400 City Hail, 15 West Kellogg
Boulevard, Saint Paui, MN 55102, appeared on behaif of the St. Paul City Office of
License, Inspections and Environmental Protection (City, LIEP). Daniel N. Rosen,
Rosen and Rosen, 150 South Fifth Street, Suite 3250, Minneapolis, MN 55402,
appeared on behalf of the Applicant, Un6ank Company, LLP.
NOTICE
This Report is a recommendation, ��ot a final decision. The Saint Paul City
Councii will make the final decision after a review of the record and may adopt, reject or
modify these Findings of Fact, Conciusions and Recommendation. Pursuant to Saint
Paul Legislative Code § 310.05(c-1), the City Council will provide the Applicant an
apportunity to present oral or written argument to the City Councii before it takes final
action during or after its hearing on March 7, 2001. Pa�ties should contact the Saint
' City�s Exhibit 2.
2 City's Exhibit A.
3 City's Exhsbit 5.
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Paul City Council Offices (651/26fi-8500) to determine the procedure for presenting
argument.
STAT�MF�iV'T OT ISSTIE
Has the Applicant shown by a preponderance of the evidence that it meets the
requirements of fhe 5aint Paul zoning code for a currency exchange license at its
proposed husiness location?
Based on all the proceedings herein, the Administrative Law Judge makes the
following:
TTNDINGS OF T�'ACT
1. On January 11, 2001 the Department of Commerce fonuarded an
application for a currency exchange license to the City of Saint Paui. The applicafion
was submitted in the name of Unbank Company, LLP, for premises located at 1614
White Beaf Avenue in Saint Paul. The zoning classification of 1614 White Bear
Avenue is 6-2.
2. Unbank is a Limited Liability Partnership, incorporated in Minnesota. Gary
A. Dachis and Stuart D. Tapper, President and Vice-President respectively, are each
listed as 50% owners. At the hearing, Stuart Tapper festified that Jean Williams would
also have some ownership inierest in the business of the proposed location.
3. Upon receiving the application from the State of Minnesota, the Offce of
License, Inspections and Environmental Protection for fhe City of Sainf Paul sent notice
of the license to neighhorhood groups and notice was also published of the receipt of
the application in accordance with Saint Paul Legislative Code § 381.02(a) 6
4. The currency exchange
located at Hillcrest Shapping Center
located inside the building, which is c
Avenue fo the west, Gary Street to the
This piece of property is all identified a
number.
is proposed to be located inside a sfrip mall
m White Bear Avenue. The business will be
n a parcel of proper(y bounded by White Bear
east, Idaho to the north and lowa to the south.'
� one parcel, with a single property identification
5. The peputy Director of LIEP referred the application to Jeff Hawkins, a
zoning specialist in the LIEP office, to determine whether the proposed location met the
requirements of Saint Paul Legislative Code § 60.542.
4 City's Exhibit 1.
5�
e City's Exhihif 6.
� Clty's Exhibit 7.
a This was thc section of the Soint Psul Legislative Code at tha Eime the matter was Ieferred to N�*.
Hawkins Since that time, the section has 6een renurr,bered, and is now Saint Paul Legislative Code §
60.542, but the wording has not heen changed.
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6. Section 60.542 sets out the principal uses permitted in a B-Z Community
6usiness pistrict. Subdivision (4) addresses currency exchanges, which are permitted
when the "business (is) located at least one hundred (100) feet from any residentiai lot
in a residential disfrict or at least one hundred (100) feef from any residential lot
occupied with a one-, fwo-, three-, four-, fownhouse, or multiple-family dweiling,
measured from fhe c4osest paint of the building in which fhe business is Iocated fo fhe
closest residential property Iine,"
7. Mr. Hawkins went to the property to measure the distance from the
bui{ding to a house located across Gary Street, which was the nearest residential lot.
The address of that property is 1818 Idaho Avenue East.
B. Mr. Hawkins consulted with Wendy Lane, the zoning manager for LIEP, to
determine the appropriate way to measure. She advised him that the method of
measurement in the code requires measurement from the outside wall of the 6uilding
closest to the residential lot.
9, The distance from the easternmost end of the building to the fence line ot
the lot measured 56 feet. 6ased on that measurement, Mr. Hawkins denied zoning
approval for the license application as it did not meet the requirements of the zoning
code. The point at which the measurement was taken is the back wall of the space
occupied hy Snyder's Drug Store, which has an address of 1620 White Bear Avenue.
The building juts out approximately 65' farther to the east at that point than it does at the
wall behind where the currency exchange business intends to locate.
10. The back outer wail of Snyder's is part of an addition that was built on at a
later date than the original construction. The space in the addition is occupied by
Snyder's and is partly used as commercial space and partiy as storage. It is not a
separate building.
11. Saint Paul t�egislative Code §64,203 sets forth the procedure for applying
for a variance from a zoning provision. Currently there is a one-year moratorium in
existence for the White Bear Avenue Area, and the Applicant would be unabie to app{y
for a varianca from the distance fequirements of the zoning code at this time. The
moratorium is in effect at feast to December 22, 2001.
12. Charles Repke, a representative of District 2 Community Council, the
neighborhood organization for the area in which the business wishes to locate,
appeared at the hearing in support of LIEP staff's interpretation of the zoning code. He
testified that the community has an interest in consistent interpretation of the pro�isions
of the code so that they can be aware of what iypes of businesses might be able to
locate in any given building or area. He voiced concern that a business which would
otherwise he prohibited at a location might be able to circumvent the provisions of the
code by reconfiguring interior walls.
B City's Exhibit 3.
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Based upon the foregoing Findings of Fact, the Adminisirative Law .ludge makes
the following:
C_ONCLUSIONS
1. The St. Paul Cify Council and the Administrative Law Sudge have
jurisdiction in this matter pursuant to Minn. Stat. §§ 14.55 and 53A.02 and Saint Paul
Legislative Code §§ 310,05, 310.06 and 381.02.
2. The City of Saint Pau1 has fulfilled al{ refevant substantive and procedural
requirements of law and rule.
3. The City of Saint Paui has given proper notice of the hearing in this
matter, incfuding proper notics in accordance with the requirements set forth in Minn.
Stat. Chapter 53A and Saint Paul Legislative Code Chapter 381.
4. Saint Paul Legislative Code § 381.03(b)(10) provides that a currency
exchange license may be disapproved if:
The applicant or its proposed business location does not comply
with applicabie zoning, 6uilding, fire and health codes.
5. Saint Paul Legislative Code § 60.5q2(4) permits currency exchange
businesses in a B-2 Zone Community Business pistrict "when located at least
one hundred (100) feet from any residantial lat in a residential district or at least
one hundred (100) feet from any residential lot occupied with a one-, two-, three-,
four-, townhouse, or multiple family dweiling, measured from the closest point of
the building in which the business is located to the closest residsntial property
line."
6. The City's zoning staff has consistently interpreted this ordinance to
require measurement from the outside wall of the building in which the business
is to be located closest to the residential property, and that i�terpretatio� is a
reasonable one.
7. The addition to the Snyder's store is not a separate buiiding for fhe
purposes of ineasuring the distance from the nearest residentiat lot, and Mr.
Hawkins properly used a point on the eastern end of the addition as the point on
the building from which to measure.
6. The proposed location of the currency exchange business does not
meet the requirements of the Saint Paul Zoning Code.
Based upon the foregoing Conciusions, the Administrative Law Judge makes the
following:
0
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at-�s�
It�COMMENDATTaN
IT IS RECOMMENDED that the Saint Paul City Council deny approval of the
currency exchange license application of Unbank Company, LLP, for fhe premises
Iocafed at 1614 White Bear Avenue in Saint Paul.
Dated this 2"� day of March, 2001.
�,�/� �
RICHARD� " LU�S
Administrative Law Judge
Reported: Taped, No Transcript Prepared.
NOTICE
Pursuant to Minn. Stat. § 53A.04, fhe Saint Paul City Council is required to
forward its approval or disapproval of the license application to the Commissioner of
Commerce of the State of Minnesota for the Commissio�er's approval or disapprovai. If
the application is denied, the Cnmmissioner shali maii notice of the denial and the
reason therefor to the Rpplicant.
MEMORANDIJM
Unbank maintains that because the premises of the proposed business itself are
more than 1 �0 feet from the nearest residential property, its application does not conflict
with the City's zoning code. It argues that the building in question is a series of different
addresses, and the relevant measurement should be from a point on the "originai" wall
of the building directly behind where the premises of the business wouid be located.
This would result in the business heing located more than 100 feet away from the
property at 1818 Idaho Avenue East.
Wendy Lane, the zoning manager for LIEP, testified that the section of the
Zoning Code applieable to currency exchanges was relatively recent, and was enacted
to it�sure that there were separation requirements between businesses of this type and
residential areas. The City's zoning staff has consistently interpreted this section of the
ordinance to require that the measurement be from the portion of the outer wall closest
to the residential area. in this instance, the eastern extension of the building on the
Snyder's end of the strip ma0 is the closest portion of the building to the property at
1818 Idaho Avenue East.
Ms. Lana noted that a previous applicant, Pawn America, had been denied a
currency exchange license at 1546 White Bear Avenue under the same provision of the
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zoning code appiicable here. !n that instance, Pawn America intended to operate space
in the middle of the building but the measurement was taken from the side of the
building, which was the wall ciosest to nearby residences. Pawn America withdrew its
license application for a cu�rency exchange.
The City's zoning sfaff has also denied an application for a billiard hall where the
tenant space was in fhe middle of the building but the buiiding's outer wal! was onfy 17'
away from the residential property line across an alley. 7he zoning code's separation
requirements and measurement methods in the ordinance applicabie to such
estahlishments are the same as the requirements applicable to currency exchanges. In
the billiard haN matter, the applicant applied for a variance to the Board of Zoning
Appeals.
The ApplicanYs major factual argument, lhat the addition to 5nyder's which
brings the building within 100 feet of 1818 Idaho is, in fact, a separate building, has not
been proven by a preponderance of the evidence, The only witness on that issue, Mr.
Tapper, established that an addition was puilt but failed to provide any indication that
the addition has an outside west wali standing free and apart from the outside east wall
of the 6uilding that existed pr(or to the construction of the addition. Rather, fhe record
implies strongly that the "original" (west portion) Snyder's and the addition (added to the
east end of the "original" Snyder's) are, since the construction, all one kuiiding. It
appears that the "originai" hack wall of the building, since the addition was finished, has
simply become an interior wall.
The ApplicanYs other argument is that because the "footprint" of the premises
pr�posed for the actuai currency exchange business lies more than � 00 feet from any
part of the residential lot, there is no zoning code violation. The Administrative Law
Judge cannot agree. A piain feading of the applicable ordinance provides for
determination of the disfance by measuring from the end of the "building". not from the
busirtess premises, to the edge of the nearesf residential {ot. As noted above, the
relevant point from which to measure on the building in this instance is the pack (east)
wall of the addition to Snyder's. This methodology, while resulting here in a harsh
impact on the Applicant, is not unreasonable because it provides certainty and a neutral
consistency to ihe determination process. The harsh result(s) in individual cases are
tempered by the opportunity to apply for a variance. In this instance, unfortunately for
the Applicant, no variance seems possible now due to the moratorium on building
permits along White Bear Avenue. This appears to leave the Council with no alternative
to a literal application of the language of the ordinance.
The Applicant urges that it is unreasollabie to deny its appfication because of its
location within the walls of a larger buiiding that reaches, at some distance away from
its proposed location, to the proximity of a residential zone, in light of the fact that no
distance issue would exist if tts "footprint" was that of a free-stand�ng building. The AL.!
discounts this argument because it is immaterial. The facts of this case involve the
boundaries of the "building" the Applieant hopes to occupy, which ex*.ends beyond the
proposed business premises. The iseue reised by the Applicant, whether the ordinance
is unreasonahle as applied to applicants proposing to locate in strip malis or other large
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buildings, is beyond the jurisdiction of the Administrative Law .ludge in fhis proceeding.
Relief would be possible in mosf instances because of the opportunity to appiy for a
variance, but the moratorium seems to bar that for now at the location in question.
R.C.L.
7
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March 2, 2001
STATE OF MLIVNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
100 Washington Square, Suite 7700
100 Washington Avenue South
Minneapotis, Minnesota 55401-2138
Fred Owusu, City Clerk
City of St. Paul
170 City Hall
15 West Kellogg Bfvd.
St. Paul, MN 55102
RE: In Re the Currency Exchange License Application of
Unbank Company, LLP, for the Premises at 1614 White
Bear Avenue; OAH Docket No. 7-6020-14112-3
Dear Mr. Owusu:
o /�- a� 1
Enclosed herewith and served upon you by mail is the Administrative Law
Judge's Findings of Fact, Conclusions and Recommendation in the above-
entitled matter. Also enclosed is the officiai record, with the exception of the
hearing tapes (which will be sent to you under separate cover). Our file in this
matter is now being closed.
Very truly yours,
RI H� � ��
. LUIS
Administrative �aw Judge
Telephone:612/349-2542
Enclosures.
cc: Virginia D. Palmer
Daniel N. Rosen
�gc�r���
� 5 2001
� j v �LER�(
Providing Impartial Hearings for Government and Citizens
An Equaf Oppodunity Employer
Administrative Law Section & Administrative Services (612) 341-7600 �TTY No. (612) 341-7346 � Fax No. (612) 349-2665
7-6020-14112-3
STATE OF MIl\NESOTA �ECEf�I��
OFFTCE OF ADNIINISTRATIVE HEARINGS � � 20
ROR THE SAINT PAUL CITY COUNCIL i;tTy �����.
In Re the Currency Exchange License FINDINGS OF FACT
Application of Unbank Company, LLP, for CONCLUSIONS AND
the Premises at 1614 White BearAvenue RECOMMENDATION
The above-entitled matter came on for hearing before Administrative Law Judge
(ALJ) Richard C. Luis, serving as hearing officer for the Saint Paul City Council on
February 26, 2001, at 10:00 a.m. in Room 220 of the Saint Paul City Hall-Ramsey
Gounty Courthouse. The record was held open for submission of proposed Findings of
Fact, Conclusions and Recommendation until February 28, 2001.
On January 30, 2001 the City issued a Notice of Hearing on the application which
set a hearing date for February 12, 2001.� The hearing was re-scheduled to February
16, 2001 at the request of the Applicant, and then rescheduled again for February 26,
2001. The City's Notice of Re-Scheduled Hearing is dated February 15, 2001, and it
also sets this matter for a public hearing in front of the City Council on March 7, 2001 in
order to meet the sixty-day time requirert�ent �See Minr!. S±at. § 53A,04'(a).) f�r t�e �ocai
governing body to communicate its approval or disapproval of issuance of the license to
the Department of Commerce.
Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Keilogg
Boulevard, Saint Paul, MN 55102, appeared on behalf of the St. Paul City Office of
License, Inspections and Environmental Protectio� (City, LIEP). Daniel N. Rosen,
Rosen and Rosen, 150 South Fifth Street, Suite 3250, Minneapolis, MN 55402,
appeared on behalf of the Applicant, Unbank Company, LLP.
NOTICE
This Report is a recommendation, not a final decision. The Saint Paul City
Council will make the final decision after a review of the record and may adopt, reject or
modify these Findings of Fact, Conclusions and Recommendation. Pursuant to Saint
Paul Legis{ative Code § 310.05(c-1), the City Council will psovide the App{icant an
opportunity to present oral or written argument to the City Council before it takes final
action during or after its hearing on March 7, 2001. Parties should contact the Saint
' City's Exhibit 2.
Z City's Exhibit 4.
3 City's E�ibit 5.
Pau{ City Council Offices (651(266-8500) to determine the procedure far presenting
argument.
STATEMENT OF ISSUE
Has the Applicant shown by a preponderance of the evidence that it meets the
requirements of the Saint Paul zoning code for a currency exchange license at its
proposed business location?
Based on all the proceedings herein, the Adminisirative Law Judge makes the
foliowing:
FINDINGS OF FACT
1. On January 11, 2001 the Department of Commerce forwarded an
application for a currency exchange license to the City of Saint Paul. The application
was submitted in the name of Unbank Company, LLP, for premises located at 1614
White Bear Avenue in Saint Paul. The zoning classification of 1614 White Bear
Avenue is B-2.
2. Unbank is a Limited Lia6ility Partnership, incorporated in Minnesota. Gary
A. Dachis and Stuart D. Tapper, President and Vice-President respectively, are each
listed as 50% owners. At the hearing, Stuart Tapper testified that Jean Williams would
also have some ownership interest in the business of the proposed location.
3. Upon receiving the application from the State of Minnesota, the Office of
License, Inspections and Environmentaf Protection for the City of Saint Paul sent notice
of the license to neighborhood groups and notice was also published of the receipt of
the application in accordance with Saint Paul Legislative Code § 381.02(a).
4. The currency exchange is proposed to be located inside a strip mall
located at Hilicrest Shopping Center on White Bear Avenue. The business will be
located inside the building, which is on a parcel of property bounded by White Bear
Avenue to the west, Gary Street to the east, idaho to the north and lowa to the south.'
This piece of property is all identified as one parcel, with a single property identification
number.
5. The Deputy Director of LIEP referred the application to Jeff Hawkins, a
zoning specialist in the LIEP office, to determine whether the proposed location met the
requirements of Saint Paul Legislative Code § 60.542.
° City's Exhibit 1.
5 Ibid.
6 City's Exhibit 6.
� City's Exhibit 7.
8 This was the section of the Saint Pau1 Legislative Code at the time the matter was referred to Mr.
Hawkins. Since that time, the section has been renumbered, and is now Saint Paul Legislative Code §
60.542, but the wording has not been changed.
2
6. Section 60.542 sets out the principal uses permitted in a B-2 Community
Business District. Subdivision (4) addresses currency exchanges, which are permitted
when the "business (is) located at least one hundred (100) feet firom any residential lot
in a residentiaf district or af least one fiundred (100) feet from any residentiaf fot
occupied with a one-, two-, three-, four-, townhouse, or multiple-family dwelling,
measured from the closest point of the building in which the business is located to the
closest residential property line."
7. Mr. Hawkins went to the property to measure the distance from the
building to a house located across Gary Street, which was the nearest residential lot.
The address of that property is 1818 Idaho Avenue East.
8. Mr. Hawkins consulted with Wendy Lane, the zoning manager for LIEP, to
determine the appropriate way to measure. She advised him that the method of
measurement in the code requires measurement from the outside wafl of the buiiding
closest to the residential lot.
9. The distance from the easternmost end of the building to the fence line of
the lot measured 56 feet. Based on that measurement, Mr. Hawkins denied zoning
approval for the license app{ication as it did not meet the requirements of the zoning
code. The point at which the measurement was taken is the back wall of the space
occupied by Snyder's Drug Store, which has an address of 1620 White Bear Avenue.
The building juts out approximately 65' farther to the east at that point than it does at the
wall behind where the currency exchange business intends to locate.
10. ?he back outer wall of Snyder's is part of an addition that was built on at a
later date than the original construction. The space in the addition is occupied by
Snyder's and is partly used as commercial space and partly as storage. It is not a
separate building.
11. Saint Paul Legislative Code §64.203 sets forth the procedure for applying
for a variance from a zoning provision. Currently there is a one-year moratorium in
existence for the White Bear Avenue Area, and the Applicant would be unable to appiy
for a variance from the distance requirements of the zoning code at this time. The
moratorium is in effect at least to December 22, 2001.
12. Charles Repke, a representative of District 2 Community Council, the
neighborhood organization for the area in which the business wishes to locate,
appeared at the hearing in support of LIEP staff's interpretation of the zoning code. He
testified that the community has an interest in consistent interpretation of the provisions
of the code so that they can be aware of what types of businesses might be able to
locate in any given building or area. He voiced concern that a business which would
otherwise he prohibited at a location might be able to circumvent the provisions of the
code by reconfiguring interior walls.
9 City's Exhibit 3.
3
Based upon the foregoing Findings of Fact, the Administrative Law Judge makes
the following:
CONCLUSIONS
1. The St. Paul City Council and the Administrative Law Judge have
jurisdiction in this matter pursuant to Minn. Stat. §§ 14.55 and 53A.02 and Saint Paul
Legislative Code §§ 310.05, 310.06 and 381.02.
2. The City of Saint Paul has fulfilled all relevant substantive and procedural
requirements of law and rule.
3. The City of Saint 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 Saint Paul Legislative Code Chapter 381.
4. Saint Paul Legislative Code § 381.03(b)(10) provides that a currency
exchange license may be disapproved if:
The applicant or its proposed business location does not comply
with applicable zoning, building, fire and health codes.
5. Saint Paul Legislative Code § 60.542(4) permits currency exchange
businesses in a B-2 Zone Community Business District "when located at least
one hundred (100) feet from any residential lot in a residential district or at least
one hundred (100) feet from any residential lot occupied with a one-, two-, three-,
four-, townhouse, or multiple family dwelling, measured from the closest point of
the building in which the business is located to the closest residential property
line."
6. The City's zoning stafE has consistently interpreted this ordinance to
require measurement from the outside wall of the building in which the business
is to be located closest to the residential property, and that interpretation is a
reasonable one.
7. The addition to the Snyder's store is not a separate building for the
purposes of ineasuring the distance from the nearest residential 1ot, and Mr.
Hawkins properly used a point on the eastern end of the addition as the point on
the building from which to measure.
8. The proposed location of the currency exchange business does not
meet the requirements of the Saint Paul Zoning Code.
Based upon the foregoing Conclusions, the Administrative Law Judge makes the
following:
0
RECOMNIENDATION
IT IS RECOMMENDED that the Saint Paul City Council deny approval of the
currency exchange license application of Unbank Company, LLP, for the premises
located at 1614 White Bear Avenue in Saint Paul.
Dated this 2" day of March, 200'I.
�� � ��
RICHARD C. LUIS
Administrative Law Judge
Reported: Taped, No Transcript Prepared.
NOTICE
Pursuant to Minn. Stat. § 53A.04, the Saint Paul City Council 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 approvai or disapproval. if
the application is denied, the Commissioner shall mail notice of the denial and the
reason therefor to the Applicant.
MEMORANDUM
Unbank maintains that because the premises of the proposed business itseif are
more than 100 feet ftom the nearest residential property, its application does not conflict
with the City's zoning code. It argues that the building in question is a series of different
addresses, and the relevant measurement should be from a point on the "original" wall
of the building directly behind where the premises of the business would be located.
This would result in the business being located more than 100 feet away from the
property at 1818 Idaho Avenue East.
Wendy Lane, the zoning manager for LIEP, testified that the section of the
Zoning Code applicable to currency exchanges was relatively recent, and was enacted
to insure that there were separation requirements between businesses of this type and
residential areas. The City's zoning staff has consistently interpreted this section of the
ordinance to require that the measurement be from the portion of the outer wall closest
to the residential area. In this instance, the eastern e�ension of the building on the
Snyder's end of the strip mall is the closest portion of the building to the property at
1818 Idaho Avenue East.
Ms. Lane noted that a previous applicant, Pawn America, had been denied a
currency exchange license at 1546 White Bear Avenue under the same provision of the
5
zoning code applicable here. In that instance, Pawn America intended to operate space
in the middle of the building but ihe measurement was taken from the side of the
building, which was the wal{ closest to nearby residences. Paw� America withdrew its
license application for a currency exchange.
The City's zoning staff has also denied an application for a biliiard hall where the
tenant space was in the middle ofi the building but the building's outer walf was only 17'
away from the residential property line across an a{fey, The zoning code's separation
requirements and measurement methods in the ordinance app(icable to such
establishments are the same as the requirements applicable to currency exchanges. In
the billiard hall matter, the applicant applied for a variance to the Board of Zoning
Appeals.
The ApplicanYs major factual argument, that the addition to Snyder's which
brings the building within 100 feet of 1818 Idaho is, in fact, a separate building, has not
been proven by a preponderance of the evidence. The only witness on that issue, Mr,
Tapper, established that an addition was buili but failed to provide any indication that
the addition has an outside west wall standing free and apart from the outside east wall
of the building that existed prior to the construction of the addition. Rather, the record
implies strongly that the "original" (west portion) Snyder's and the addition (added to the
east end of the "original" Snyder's) are, since the construction, all one building. It
appears that the "original" back wall of the building, since the addition was finished, has
simply become an interior wall.
The ApplicanYs other argument is that because the "footprinY' of the premises
proposed for the actual currency exchange business lies more than 100 feet from any
part of the residential Iot, there is no zoning code violation. The Administrative Law
Judge cannot agree. A plain reading of the applicable ordinance provides for
determination of the distance by measuring from the end of the "building", not from the
business premises, to the edge of the nearest residential lot. As noted above, the
relevant point from which to measure on the building in this instance is the back (east)
wall of the addition to Snyder's. This methodology, while resulting here in a harsh
impact on the Applicant, is not unreasonable because it provides certainty and a neutral
consistency to the determination process. The harsh result(s) in +ndividual cases are
tempered by the opportunity to apply for a variance. In this instance, unfortunately for
the Applicant, no variance seems possible now due to the moratorium on building
permits along White Bear Avenue. This appears to leave the Council with no alternative
to a literal application of the language of the ordinance.
The Applicant urges that it is unreasonable to deny its application because of its
location within the walls of a larger building that reaches, at some distance away from
its proposed location, to the proximity of a residential zone, in light of the fact that no
distance issue would exist if its "footprinY' was that of a free-standing buifding. The ALJ
discounts this argument because it is immaterial. The facts of this case involve the
boundaries of the "building" the Applicant hopes to occupy, which extends beyond the
proposed business premises. The issue raised by the Applicant, whether the ordinance
is unreasonable as applied to applicants proposing to locate in strip malls or other large
0
buildings, is beyond the jurisdiction of the Administrative Law Judge in this proceeding.
Relief would be possible in most instances because of the opportunity to apply for a
variance, but the moratorium seems to bar that for now at the location in question.
R.C.L.
STATE OF MINNESOTA)
) �
COUNTY OF HENNEPIN)
AFFIDAVIT OF SERVICE BY U.S. MA1L
Debra S. Aws, being first duly sworn, hereby deposes and says that on
the 2 day of March, 2001, at the City of Minneapolis, county and state
aforementioned, she served the attached Findings of Fact, Conclusions and
Recommendation; Docket No. 7-6020-14112-3 by depositing in the United States
mail at said City of Minneapolis, a true and correct copy thereof, properly
enveloped, with first class postage prepaid and addressed to the individuals
named herein.
Fred Owusu, City Clerk
City of St. Paul
170 City Hall
15 West Kellogg Blvd.
St. Paul, MN 55102
Virginia D. Palmer
Assistant City Attorney
400 City HaU
15 West Kellogg Boulevard
Saint Paul, MN 55102
Daniel N. Rosen
Rosen and Rosen
150 South Fifth Street, Suite 3250
Minneapolis, MN 55402
C�" V� .,� ��
Debra S. Aws
Subscribed and sworn to before me
this n�� day of March,
.. °•,"`�� MICHAEL W. LEIMS
rwr�qr vtreuc - �en�r�
v , � ; MYC�MMISSIONEXPIflES
�r`��'�`` JANUARY31.2005
OFFICE OF THE CITY ATTOIL�IEY
C[nytors M. Robinsors, Ja, City Artorney
CITY OF SAINT PAUL
Norm Cofeman, Mnyar
��C�`���
Civil Dis•ision
February 15, 2001
01 FEB 2� �?� 9 ` R �
�^, .'" -^ t j j _
U�'u::�J � i t^
HEARI�vS Y
400 Cip� Hnll Te[ephone: 65f 266-8710
IiWestKellogg8lyd Facsimile:6.51298-56l9
Saint Pn�d. Hfinnesotn 5510?
NOTICE OF RE-SCHEDULED HEARING
AND
NOTICE OF COUNCIL HEARING
Mr. Dan Rosen
Rosen & Rosen
150 South 5"' Street, Suite 3250
Minneapolis, Minnesota 55402
RE: Currency Exchange License Application submitted by Unbank Company, LLP d(U/a
Unbank Company, LLP for the premises located at 1614 White Bear Avenue in St. Paul
Dear Mr. Rosen:
As we discussed, we have now re-scheduled the administrative heazing to Monday, February 26,
2001. The heazing will begin at 10:00 am., in the Ramsey County Commissioners Office, Room
220 City Hall, Conference Room C. The State of Minnesota Office of Administrative Hearings as
re-assigned this matter to Judge Richard C. Luis (612-349-2542).
Additionally, given the time constraints for a response to the Minnesota Departrnent of Commerce
on your client's application for a currency exchange license, and in anticipation of timely receipt of
the Administrative Law Judge's report, we have also scheduled this matter for public heazing in front
of the Saint Paul City Council, City Council Chambers, Third Fioor, Saint Paut City Hall, on
Wednesday, March 7, 2001. Public hearings begin at 530 p.m..
If you have any questions, I can be reached at 651-266-8710.
Sincerely,
�o ,. u.t,� '� � aJ�-.�c�
Virginia D. Palmer .
Assistant City Attomey
cc: LaVon Regan, Office of Administrative Hearin�s, 100 Washington Square, Suite 1700,
Mpls, MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Roger Curtis, Director, LIEP
Christine Rozek, LIEP
Chuck Repke, Community Organizer, District 2 Community Council, 1961 Sherwood Ave.
E., St. Paul, M�I 55119
D9.�'IEL � ROSES
J. CHRISTOPHER JOkL\STO�
�C�ILCLaM 5. ROSE� (1930.1999)
LAW OFFICES
ROSEN 8z ROSEN
LLC
Ij0 SOLTH FIFCH SIREET
StiII"E 3?�0
�II\:�E�POLIS. M�:� j�0?
February 28, 2001
VIA FACSINIILE # (6121349-2665 & U.S. MAIL
The Honorable Richard C. Luis
Administrative Law Judge
Oifice of Administrative Hearings
100 Washington Squaze, Suite 1700
Minneapolis, MN 55441
1'ELEPHOA"E 1612) 69�-2�
R � C � � �� � �'ELECOPIER (612) 692-2Ti4
�l �k�R -� �?� g� 4�
� �,,:., L
HJ��I�i��.� 1 i�t� `� ��t
�i�r
Re: Currency Exchange License Application submitted by Unbank Company, LLP for
1614 White Bear Avenue, St. Paul
Ow- File No. 9531
Dear Judge Luis:
Enclosed herewith and submitted to you in the above-referenced matter, please fmd
Proposed Findings of Fact, Conclusions of Law and Recommendation of Administrative
Law Judge.
R ectfully submi ed,
Daniel N. Rosen
DNR/jmt
Enclosure
cc: Virginia Palmer
Unbank Company, LLP
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE COUNCII, OF
THE CITY OF SAINT PAUL
In Re the License Applicarion of Unbank FINDINGS OF FACT,
Company, LLP d/b/a Unbank Company, LLP CONCLi3SIONS OF LAW
AND RECONIl�4ENDATION
OF ADNIINISTRATIVE LAW
JUDGE
The above-captioned matter came on for hearing before the undersigned
admnustrative law judge on Monday, February 26, at the St. Paul City Hall, upon the
request of the City of St. Paul for a recommendation by an administrative law judge
regarding the application of Applicant Unbank Company, LLP. The sole issue in dispute
is whether the location of a currency exchange at 1614 White Bear Avenue, St. Paul, is
permitted pursuant to St. Paul Zoning Ordinance section 60.542 (4). Based upon the
evidence presented at said hearing, the arguments of counsel, and all files, records and
proceedings herein, the undersigned administrative law judge hereby makes the following
�ndings of Fact:
1. The premises in which applicant proposes to locate a currency exchange is at
1614 White Bear Avenue, 5t. Paul.
2. The zoning classification of 1614 White Bear Avenue is B-2.
Saint Paul Zoning Code § 60.542 permits currency exchanges in a B-2 district
when "the business 3s located at least one hundred (100) feet from any residential
lot in a residential district or at least one hundred (100) feet from any residential
lot occupied with a one-, two-, thre�, four-, townhouse, or multiple-fanuly
dwelling, measured from the closest point of the building in which the business is
located to the closest residential properry line."
4. All of the premises at 1614 White Beas Avenue within which applicant proposes
to locate a currency exchange are more the 100 feet from the neazest residenfial
lot.
Conclusions of Law:
The location of a currency exchange at 1614 White Beaz Avenue, St. Paul,
complies with the requirement of St. Paul Zoning Ordinance section 60.542 (4).
RECOMMENDATION OF ADIVTINISTRATIVE LAW JUDGE
The undersigned administrative law judge hereby recommends that the application of
Unbank Company, LLP be granted.
Dated: Mazch,, 2001
Richard C. Luis
Administrative Law Judge
OFFICE OF THE CITY ATTORNEY
Clayton M. Robtnson, Jn, Ciry Attorney
CITY OF SAINT PAUL R E C E I V E�l D���s=on
Nonrs Coleman, Mayor 400 Ciry Nall Telephone: 65/ 266-8710
f1t ;LL't�{ As`� ��KelloggBlvd. Facsimtle:651298-56l9
u 1�H� � ain`t' aul, Minnesot¢ 55102
Hll'C'',iiii5'i p��+. l i7 �
F iUN�(��/U�
February 28, 2001
The Honorable Richazd C. Luis
Administrative Law Judge
Office of Administrative Hearings
100 Washington Square, Suite 1'^vC
Minneapolis, MN 55401
RE: In Re the License Application of Unbank Company, LLP, d/b/a Unbank Company, LLP
for the premises at 1614 White Bear Avenue in Saint Paul
OAH File #7-6020-14112-3
Dear Judge Luis:
Enclosed please find the Office of LIEP's proposed Findings of Fact, Conclusions and
Recommendarion in the above-entitled matter. A copy has been served upon counsel for the
Applicant, Daniel Rosen, by United States mail, and by fas as well.
Sincerely,
�� � �-('��
���
Virginia D. Palmer
Assistant City Attomey
cc: Daniel Rosen
OAH FILE NUMBER 7-6020-14112-3
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARIlVGS
FOR THE CITY COUNCIL OF THE CITY OF SAINT PAUL
In Re the License Application of Unbank
Company, LLP, d/b/a Unbank Company,
LLP for the premises at 1614 White Bear
Avenue in Saint Paul
FINDINGS OF FACT
CONCLUSIONS AND
RECONIMENDATION
The above-enritled matter came on for hearing before Administrative Law Judge Richard
C. Luis, serving as a hearing offfcer for the Saint Paul City Council on February 26, 2001 at
10:00 am. in Room 220 of the Saint Paul City Hall-Ramsey County Courthouse. The record
was held open for submission of proposed Findings of Fact, Conclusions and Recommendation
until 430 on February 28, 2001.
Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Kellogg Boulevard,
Saint Paul, MN 55102, appeared on behalf of the Office of License, Inspections and
Environmental Protection (LIEP). Daniel N. Rosen, Rosen and Rosen, 150 South Fifth Street,
Suite 3250, Minneapolis, MN 55402, appeared on behalf of the Applicant, Unbank Company,
LLP.
NOTICE
This Report is a recommendation, not a final decision. The Saint Paul City Council will
make the final decision after a review of the record and may adopt, reject or modify these
Findings of Fact, Conclusions and Recommendation. Pursuant to Saint Paul Legislative Code
§310.05(c-1) the City Council will provide the applicant an opporhxnity to present oral or written
argument to the City Council before it takes final action. Parties should contact the Saint Paul
City Council to determine the procedure far presenting arguxnent.
STATEMENT OF ISSUE
Has the applicant met its burden of showing that at meets the requirements of the Saint
Paul zoxung code for a currency exchange license at the location where it intends to locate?
Based upon all of the proceedings herein, the Administrative Law Judge makes the
following:
FINDINGS OF FACT
1. On 7anuary 11, 2001 the Department of Commerce forwarded an application for a
currency exchange license to the City of Saint Paul. The application was submitted in the name
of Unbank Company, LLP, for premises located at 1614 White Beaz Avenue in Saint Paul. 1
2. Unbank is a Limited Liability Partnership, incorporated in Miimesota. Gary A. Dachis
and Stuart D. Tapper, President and Vice-President respectively, are each listed as 50% owners. Z
At the hearing, Stuart Tapper testified that Jean Williams would also have some ownership
interest in the business.
3. Upon receiving the applicarion from the State of Minnesota, the Office of License,
Inspections and Environmental Protection for the City of 5aint Paul sent notice of the license to
neighborhood groups and notice was also published of the receipt of the application in
accordance with Saint Paul Legislative Code §381.02(a). 3
4. The currency exchange is proposed to be located inside a strip mall located at Hillcrest
Shopping Center on White Beaz Avenue. The business will be located inside the building which
is on a pazcel of property bounded by White Bear Avenue to the west, Gary Street to the east,
Idaho to the north and Iowa to the south. ° This piece of property is all identified by a single
property identification number as one parcel.
5. The Deputy Director of LIEP referred the application to Jeff Hawkins, a zoning specialist in
the LIEP office, to determine whether the proposed location met the requirements of Saint Paul
Legislative Code §60.542. 5
6. Section 60.542 sets out the principal uses permitted in a B-2 Community Business District.
Subdivision (4) addresses currency exchanges, wluch are permitted "when located at least one
hundred (100) feet from any residential lot in a residential district or at least one hundred (100)
feet from any residential lot occupied with a one-, two-, three-, four-, townhouse, ar multiple
family dwelling, measured from the closest point of the bualding in which the business is located
to the closest residenrial property line."
' City's Exhibit 1.
� City's E�ibit 1
3 City's E�ibit 6
' City's Eachibit 7
5 This was the secrion of the Saint Paul Legislative Code at the rime the matter was
referred to Mr. Hawldns. Since that time, the section has been renumbered, and is now Saint
Paul Legislative Code §60.542, but the wording has not been changed.
6. Mr. Hawkins went to the property to measure the distance from the building to a house
located across Gary Street, which was the neazest residential iot. The address of that properry is
1818 Idaho Avenue East.
7. Mr. Hawkins consulted with Wendy Lane, the zoning manager for LIEP, to determine the
appropriate way to measure. She advised him that the method of ineasurement in the code
requires measurement from the outside wall of the building closest to the residential lot.
8. From the northeast corner of the building to the fence line of the lot measured as 56 feet.
Therefore, Mr. Hawkins denied zoning approval for the license application as it did not meet the
requirements of the zoning code 6
9. On January 30, 2001 the City issued a Notice of Hearing on ?he application which set a
hearing date for February 12, 2001.'
10. The hearing was re-scheduled to February 16, 2001 at the request of the Applicant, and then
rescheduled again for February 26, 2001. 9 The City's Notice of Re-Scheduled Hearing is dated
February 15, 2001, and it also sets this matter for a public hearing in front of City Council on
March 7, 2001 in order to meet the sixty-day time requirement of Minn. Stat. §53A.04 (a), for the
local governing body to communicate its approval or disapproval of issuance of the license to the
Department of Commerce.
11. Unbank argued at the hearing that the premises of the business itself are more than 100 feet
from the nearest residential property and that the zoning division misinterprets the code. Unbank
fiu�ther argued that the building in question is a series of different addresses, and that the
measurement should be from the wall of the building directly behind where the premises of the
business would be located. This would result in the business being located more than 100 feet
away from the property at 1818 Idaho Avenue East.
12. The point at which the measurement was taken is the back wall of the space occupied by
Snyder's Drug Store. The building juts out approximately 65' farther at that point than it does at
the wall behind where the business intends to locate.
13. The back outer wall of Snyder's is part of an addition that was built on at a later date than
the original construction. The space in the addition is occupied by Snyder's and is partiy used as
commercial space and partly as storage. It is fully attached to the original structure and not a
6 City's E�chibit 3
' City's E�ibit 2
$ City's E�chibit 4
9 City's E�ibit 5
separate outbuilding.
14. Wendy Lane, the zoning manager for LIEP, tesrified that this section of the code was
relatively recent, and had been enacted to insure that there were separation requirements between
businesses of this type and residential areas. She further tesrified that the zoning staff has
consistently interpreted this section of the ordinance to requare that the measurement be from the
portion of the outer wall closest to the residential azea. In this instance, the extension of the
building on the Snyder's end of the strip mall is the closest point of the building to the property
at 1818 Idaho Avenue East.
15. Ms. Lane tesrified that a previous applicant, PawnAiiierica, had been denied a currency
exchange license at 1546 White Bear Avenue under this same provision of the code. In that
instance, Pawn America intended to operate space in the middle of the building but the '
measurement was taken from the side of the building, which was the wall closest to neazby
residences. PawnAinerica withdrew their license applicarion for a currency exchange.
16. Ms. Lane stated that the sepazation requirements for billiard halls, located in §60.534(3), aze
measured the same way, and that zoning staff had denied an application for a billiard hall where
the tenant space was in the middle of the building where the outer wall was only 17' away from
the residential property line across an alley. In that instance, the applicant applied for a variance
to the Boazd of Zoning Appeals.
17. Saint Paul Legislative Code § 64.203 sets forth the procedure for applying for a variance
from a zoning provisions. Currently there is a moratorium in existence for the White Bear
Avenue Area, and Applicant would be unable to apply far a variance from the distance
requirements of the zoning code.
18. Charles Repke, a representative of Dishict 2 Community Council, the neighborhood
organization for the area in which the business wishes to locate, appeazed at the hearing to testify
in support of LIEP staffs' interpretation of the zoning code. He testified that the community has
an interest in consistent interpretation of the provisions of the code so that they can be aware of
what types of businesses might be able to locate in any given building or area. He voiced
concern that a business which would otherwise be prohibited at a location might be able to
circumvent the provisions of the code by reconfiguring interior walls.
Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the
following:
CONCLUSIONS
1. The City Council of the City of Saint Paul and the Administrative Law Judge have
jurisdiction in this matter pursuant to Minn. Stat. §§ 14.55 and 53AA2 and Saint Paul Legislarive
Code §§ 310.05, 310.06 and 381.02.
2. The City of Saint Paul has fulfilled ali relevant substantive and procedural requirements
of law and rule.
3. The City of Saint Paui has given proper notice of the hearing in this matter, including
proper notice in accordance with the requirements set forth in Minu. Stat. Chapter 53A and Saint
Paul Legislative Code Chapter 381.
4. Saint Paul Legislative Code §381.03(b)(10) provides that a currency exchange license may be
disapproved if:
The applicant or its proposed business location does not comply
with applicable zoning, building, fire and health codes.
5. Saint Paul Legislative Code §60.542(4) permits currency exchange businesses in a B-2
Community Business District "when located at least one hundred (100) feet from any residential
lot in a residential district or at least one hundred (100) feet from any residential lot occupied
with a one-, two-, three-, four-, townhouse, or multiple family dwelling, measured from the
closest point of the building in which the business is located to the closest resadential property
line."
6. Zoning staff has consistently interpreted this ordinance to require measurement from the
outside wall of the building in which the business is to be located closest to the residential
properiy, and that interpretation is a reasonable one.
7. The addition to the Snyder's store is not a separate building for the purposes of ineasuring the
distance from the nearest residential lot, and Mr. Hawkins properly used the northeast corner of
the building as the point on the building from which to measure.
8. The proposed location of the currency exchange does not meet the requirements of the Saint
Paul zoning code.
Based upon the foregoing Conclusions, the Administrative Law Judge makes the
following:
RECOMMENDATION
IT IS HEREBY RESPECTFULLY RECOMMENDED: That the Saint Paul City Council
deny approval of the currency exchange license application of Unbank Company, LLP, for the
premises located at 1614 White Bear Avenue in Saint Paul.
Dated this day of March, 2001.
RICHARD C. LLTIS
Administrative Law Judge
Reported: Taped, No Transcript Prepazed.
NOTICE
Pursuant to Minn. Stat. §53A.04, the Saint Paul City Council is required to forwazd its
approval or disapproval of the license application to the Comxnissioner of Commerce of the State
of Minnesota for the Commissioner's approval or disapproval. If the application is denied, the
Commissioner shall mail norice of the denial and the reason therefor to the applicant. The
applicant, upon denial, may request a further hearing as provided for in Minn. Stat. §53A.04(b).
F�9-28-22e? 14�59 �T PAU�� CITY A?TORtiEY
CITY OF SAINT PAU�,
horm Cofeman, Mayor
February 28, 2Q01
The Honorable Richzrd C. Luis
Administrative Law .Tudge
Office of Administt'atzve Hearings
100 Washington Square, Suite 1700
Minneapolis, MN 55401
55: 298 ���9 P.�1i0%
OFFTCE OF THL� CTTY ATTORNbY
Cfnyton M. Robertsoq, Jr., C/fy d(rornr�
ct�aarv,s,o�
400 Clfy Na11
7J West Ke[lo� BlVd.
SniatPnut, Mannesotn 55102
Telephwre� 65! 266-8il0
facsimi �e: 651 198-56l9
RE: In Re the License Application of Unbank Company, LLP, d/b/a Unbank Company, LLP
for the premises at 16141Vhite Beaz Avenue in Saint Paul
OAFi File #7-6�20-14112-3
Dear 7udge Luis:
Enclosed please find ihe O�ce of T,IEP's proposed Findings of Fact, Conqlusions and
Recommendatipn in the above-entitled matter. A copy has been served upon counsel for the
Applicant, Paniel Rosen, by Unzted States mail, and by fax as well.
Sincerely,
-�/ ��
��`�'
Virginia D. Palmer
Assistant City Attomey
cc: baniel Rosen
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rE5-2B-2a�i i4�S� ST PPUL CITY RT?CRtiCY
65: 29° SE19 P.02i07
OAH FTLE NCJMBET2 7-6Q20-14112-3
STATE OF MI\'NESOTA
OFFICE OF ADMTNISTRATIVE HEARI�GS
FOR THE CITY COUTTCIL OF THE CITY OF SAP.vT PAUL
In Re the License Application of Unbank
Company, LLP, d/b/a Unbank Company,
�.LP for the premises at 1614 White Bear
Avenue in Saint Paul
FINDING F FACT
C(.aNCLUSIONS AND
TZECOMMENI7ATION
The above-entiCied matter came on For hearing before Administrative LaW Judge Richai�d
C. Luis, serving as a hearing officer for the Saint Paul City Cotulcil on February 26, 2001 at
10:00 a.m. in Room 22� of the Sai�1t Paul City Hall-Ramsey County Courthouse. The record
was held open for sul�miSSion of proposed Findings of Fact, Conclusions and Recommendation
until 4:30 on February 28, 2001.
Virginia D. palmer, Assistant City Attorney, 400 City Hall, I S West Keilogg Boulevard,
Saint Paul, MN 55102, appeared on behalf of the Office of License, Inspections and
Environmental Protection (LIEP). Daniel N. Rosen, Rosen and Rosen, 150 South Fi$h Street,
Snite 3250, Minneapplis, MN 55402, appeared on behalf of the Applicant, Unbank Company,
LLP.
NOTI E
'T"his Report is a recpmmendation, not a final decisiop. The Saint Paul City Council will
make the final decision after a review of the recoTd and may adopT, reject or modiFy these
Pindings ofFact, Conclusions and Recommendation. Pursuant to Saint Paul Legislative Code
§32�.05{c-1) the City Council will provide the applicant an opportunity to present oral or written
argument to the City Councii before it takes final actiorl. Parties should Contact the Saint Paul
City Council tp determine the procedure for presenting argtunent.
STATEMENT OF ISSTJE
Has the applicant met its burden of showing that it meets the requirements af the Saint
Faul zoning code for a currency exchange license at the locacion where it intende to ]ocate?
Based upon all of the proceedings herein, the Administrative Law Judge makes the
foIlowing:
FEB-28-2ee1 i4�59 �T PRL'L CITY RTTORNEY 651 298 5519 P.e3i27
FI�IDI]�;GS OF FACT
1. On January 11, 20Q1 the Depariment of Commerce forwatded an appIication for a
currency exchange license to the City of 5aint Paui. The application was submitted in the name
of Unbatlk Company, LLP, for premises located at 1614 White $ear Avenue in Saint Paul. '
2. tinbank is a Limited Liability Partnership, incorporated in Minnesota. Crary A. Dachis
and 3tuart p. Tapper, Presldent and Vice-Pzesident respaciively, are each lisied as 50% owners.
At the hearing, Stuart Tapper testified that 7ean Williams wauld also have some ownership
intecest in the business.
3. Upon receiving the appliCation from the State of Min�esota, the Office of License,
Inspeetions and Environmental p"rotection for the City of Saint Paul sent notice of the license to
neighborhood grougs and notice was also published of the reeeipt of the applicaEion in
accordazlce with Saint Paul Legislative Code §381.02(a). 3
4. The currency exchange is proposed ta be located inside a strip mall located at Hilicrest
Shopping Center on White Bear Avenue, The business wi]I be located ineide the buildirig which
is on a parccl of property bounded by White �ear Avenue to the west, Gary $ireet to the east,
Tdaho to the north and Iowa to the south. ^ This piece of property is all identified by a single
property identification number as one parcel.
5. The Deputy Director of I,IEP refened the application to Jeff Aawkins, a zoz�ing specialjst in
the LIEP office, to determine whether the proppsed location met the requirements pf Saint Paul
Legislative Code §60.542. 5
6. Section 60.542 sets nut the principal uses permitted in a$-2 Co�munity $usines& District.
5ubdivision (4) address�s currency exchanges, which aze permitted "when lqcated at ieast one
hundrEd (100) feet from az3y residentia] �pt in a residential district px at least ane hundred (I0�)
feet from any residential lot occupied with a one-, two-, three-, four-, townhouse, pi multiple
family dwelling, measured from the closest point of the building in whiCh the business is located
to the clpsest residential proparty line."
' City's Exhibit 1.
Z City's Exhibit
3 City's Exhibit 6
° City's Exhibit 7
' This was the section of the $aint Paul Legislative Code at the time the matter was
referred to Mr. �Tawkins. Since that time, the section has been renumbered, and is now Saint
Paul Legislative Code §60.542, but the vyording has not been changed.
�EH-28-20e: ':5��� S? PRUL CITY RTTORNEY 651 Z°8 5619 P.04i07
6. Mr. Hawkins went to the property 4o measure the distance £rom the building to a house
located across Gary Street, which was the nearest residential lot. The address of that property is
i S 18 Idaho Avenue East_
7. Mr. Hawkins consujted with Wendy Lane, the zoning manager for LIEP, to deteanine the
appropriate way to measure. She advised him that the method of ineasurement in the code
requires measurement &om Yhe outside wa]] of the building closest to ihe residential lot.
8, From the nottheast corner of the building to the fenee line of the lot measured as 56 feet.
Therefoce, iVlr. Hawkins denied zoning approval for the license applic�tipn as it did not meet the
requirements of the zoning code.
9. On January 30, 2001 the City issued a Notice of Hearing on the application which set a
hearing date for February 12, 2001?
10. The hearing was re-scheduled to February 16, 2001 at the request of the Applicant, and then
rescheduled again for FebTUary 26, 2001. 9 The City's Notice of Re-Scheduled Heazing is dated
Febntary 15, 2001, and it also Sets this matter for a public hearing in front of City CounCil on
March 7, 200I in ordez' to meet the sixty-day time requirement of Minn. Stat. §53A.04 (a), for the
local governjng body to Gommunicate its approval or disappTOVaI of issuance of the license tq the
Department of Commexce.
1 l. Unbank argued at the he�ing that the premises of the business itself at�e more ihan 100 feet
from the nearest residenfiat property and that the zoning division misinterprets the code. Unbank
further azgued that the bnilding in question is a series of different addresses, and that the
measurement should be from the wall of the building directly behind where tha premises of the
business would be located. This would result in the business being located more than 100 feet
away from the property at 1818 Idaho Avenue East.
I2. The point at which the measurement was talcerl is the back wall of tha space occupied by
Snyder's Drug Store. The building juts out �pproximately 65' farther at that point than it does at
the wall beh�nd where the business intends to locate.
13. The back outer wall of Snyder's is part of an addition that was buiit on at a later date than
the original Construction, The space in the addition is occupied by Snyder's and is partly used as
commercial space and pat�tly as storage. It is fully actaChed to the original structure and not a
6 City's Exhibit 3
' City's Exhibit 2
e Gity's E�ibit 4
' City's E�ibit 5
=EB-28-2e0? 15�2a �T PFUL CITY RTTORNEY 651 298 5619 P.aSi07
sepazate outbuilding.
14. Wendy Lane, the zoning manager for LI�P, testified that this section of the code was
relativety recent, and had been enacted to insure that there were separation requiremenis between
businesses of this type and residential ateas. She furthar testified that the zoning staff has
consistently lnterpreted this section of the ordiriance to requiie that the measurement be from the
portion of the outer waIl closest to the residential area. Tn this instance, the extension of the
building on the Snyder's end of the strip mall is the closest point of the building to the property
at 1818 Idaho Avenue East.
15. Ms. Lane testified that a previous applicant, PawnA,merica, had been denied a currency
exchange license at 1546 White Bear Avenue under this same provision of the co@e. In that
instance, Pawn America intended to operate space in the middle q�'tkle building but the
measurement was taken from the side of the building, Which was the wall Closest to neaTby
residences. PawnAinerica withdrew their license application for a currenCy exchange.
16. Ms. T.ane stated that the sepaiation requirements for billiard halls, located in §60,534{3), arc
measured the same way, and that 2oning staff had denied an applicatiori for a billiard ha]I where
the tenant space was in the middle of the building where the outer wall was only 17' away from
the residential propeMy line across �n alley. In that instance, the applicant applied for a variance
to the Board of Zoning Appeals.
17. Saint Faul Legislative Code § 64.203 sets forth the proCedure for applying for a vaiiance
from a zoning provisions. Currently therc is a znoratorium in existenca for the White Bear
Avenue Area, and AppliCant would be unable to apply for a variatice from the distance
requirements of the zoning code.
18. Charles Repke, a representative of Dis�ict 2 Community CounCii, the neighborhood
organization for the area in which the business wishes to IocaCe, appeared at the hearing to testify
in support of LIEP sta£fs' ipterpretation of Yhe zoning code. He testified that the community has
an interest in consistent interpretation of the provisions of the Code so thai th�y Can be aware of
what types of businegses might be able to locate in any given butlding or area, He voicad
concem that a business whieh would otherwise be pTOhibit�d at a Iocation might be able to
circumvent the provisions of the coda by reeonfiguring anterior walls.
Based upon the foregoing Findings ofFact, the Administrative Law Judge makes the
following:
�ONCLCJSIONS
1. The City Council of the City of Saint Paul and the Administcative T.aw ,Tudge have
jurisdiction an this inatter pursuant to Minn. Stat. §§ 14.55 and 53A,02 and Saint Paul Legi&lative
Code §§ 310.05, 310.Q6 and 381.02,
FEB-28-20a1 15�00 �T PAUL CITY RTTGRNEY 651 2°B 56:9 F.05ie7 `
2. The City of Saint Paul has fulfilled all reIevant substantive and procedural requirements
of law and rule.
3. The City of 3aint 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 S3A and Saint
Paul Legislative Code Chapter 381.
4. Saint Paul Lagislative Code §381.03(b)(10) provides that a currency exchxnge license may ba
disappxovedi£
The applicant or its proposed business lacation does not compiy
with applicable zoning, buitding, fire and health codes.
5, Saint Paul Legislative Code §6Q.54Z(4) permits cucrency exchange businesses in a B-2
Community Business Distcict "when iocated at least one hundred (100) feet from any residential
lot in a residential dishict or at ieast one hundred (104) faet from any residential lot occupied
with a one-, two-, three-, four-, townl�ouse, or multiple faznily dwelling, measured from the
cIosest point of the building in which the business is located to the Closest rasideritial property
line-"
6. Zoning staff has consistently interpreted this ordinance to require measurement from the
autside wall of the building in which the bosiness is to be looated closest to the residential
property, 2nd that inteipretation is a reasonable one.
7. The addition to the Snyder's store is not a separate building for the putposes of ineasuring the
distance from the nearest residential Iot, and Mr. Hawkins properly used zha northeast comer of
the buiiding as the point on the building �com which to measure.
8. The proposed location of the culrency exchange does not meet the requirements of the Saint'
Paul zoning Code.
aased upon the foregoing Conclusions, the Administrative Law Judge makes the
following:
RECOMMENbATION
IT IS HEREBy RESFECTFIJLT.Y RECOMMENAED: T'hat the Sain4 Paul City Councii
deny approval of the Cturency exChange license applicarion of Unbank Company, LLP, for tha
premises located at 1514 Whitc Bear Avenue in Saint Paul.
Dated this day of March, 2001.
rEH-28-2�01 lS�e1 S� PRUL C?TY ATTORNEY
651 298 5619 P.07i07
RfCHARTa C. LU'TS
Administrative Law 7udge
Reported: Taped, No Transcript Prepazed.
NO_, TICE
Pursuant to Minn. 5tat. §53A,04, the Saint PauI City Courzcil is required to forward its
approval or disapproval of the license app�iCation to the Commissio�er of CommerCe of the State
of Minnesota for the Commissioner's approval or disapprovaL If the applica$ion is denied, the
Commissioner shall mail notica of the denial arld the reason therefor to the applicant. The
appliC�t, upon denial, may request a fiuther hearing as provided for in Minn. Stat, §53A.OA(b).
i cT��_ � . ��
Se^t By: FOSEN & RCS�N LLC;
612 692 2774; Feb-28-G1 4:44FM; Pege 1
LAW OFFIC$$
1205EN & ROSEN
LLC
150 SOUTH FIFTH STREET
SUITE 3250
MINNEAPOLIS, MINN$SOTA 5>402
(612) 592-2777
FAX: (612) 692-2774
FACSIMILETRANSMITTALSAEET
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FAX NUMBER: TOTAL NO. �F PAf,rE3 CNCL'JD[NG COVER:
PHONE NUMBER�
NOTESiCOMMENTS�
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February 28,2001
VIA FACSIMILE # 6l2 349-2665 & U.S. MA1L
The Honorable Richard C. Luis
Administrativc Law Judgc
Office of Adminislratzve Hearings
100 Washington Square, Suite 1700
Minneapolis, MN 55401
Re: Currency Exchangc License AppIication submitted by Unbank Cnmpany, LLP for
1614 Wizite Beaz Avenue, St. Paul
Our File No, 9531
Dear 7udge Luis:
Encloscel herewath azid submitted 1v you in the above-referenced matter, please find
k'roposed Findings of Fact, Conclttsions of I�aw and Recommendation of Administrative
T,aw Judge.
R�.sneCtfully submi ted,
�
Daniel N. 1�osen
DNRIamt
E»closure
cc; Virginia Palmer
Unbank Compuiy, LL'P
Se^,i By: ROSEN & ROSEN LLC;
�
1
612 692 2774; Feb-^e8-01 4:44PM; P2ge 4/4
lot occupied with a one-, two-, three-, fo��z-, townhousc, or multipte-fazuily
dwciling, measured from the closest poin: of tne bu;ld',ng in which the business is
located to the e(osest residential property lir.e."
All of the p*emises at 1614 White Bear Avenue within which a? plicant proposes
to locate a currency exchactge are more the l00 feet from the nearest reszdential
lot.
Conclusions of Law:
The loeation of a currency exchange at 1614 White Beaz Avenue, St. Paul,
complies with the requirement of St. Paul Zoning Ordinance sectiqn 6Q.542 (4).
RECOMMENDATION OF ADMINISTRATIVE LAW JUDGE
"1'he undersigned administrative law judge hereby recommends that the application of
iJnbnnk Company, LLP be gr.anted.
Dated: Mazch `, 2�01
Richazd G. Luis
Administrative Law 7udge
�
FEB -28'O1(WED) 16:27
OFFICE OF ADMIN.HEARING
TEL 6123492665
P. 001
TR.4NSACTION REPORT
Reception
Transaction(s) completed
:'O. TX DATE/TIME DESTINATIO�
657 FEB.28 16:25 612 692 2774
DURATION PGS. RESULT MODE
O° 00' S9" 004 OK N ECM
Se�t 3y: ROSEN & ROS"cN ��C;
.
612 692 2774; Fec-28-^ui 4:44PM; Page 3/4
OFFICE OF ADMtNISTRATIVE HFARItiGS
FOR THE COTP.VCIL QF
THE CITY OF SAINT PAUL
In Rc the License Applicatiou ofUnbunk
C`ompany, T.LP d(bfa L7nbank C;ompany, LLP
FINDTNCS QF FACl',
COIVCLUS�ONS OF I,AW
AND RECOMMENUATION
OP' ADMIIVISTRATIVE I.,AW
J[TDGE
The above-captioned matter came on for hearing hefnre the undersigned
�uiministraAve law judge on lyiond.ay, Febr�tary 26, at the St. Paul City Hali, upon the
request of the City of St. Aaul for a recommendation by an adzninistrative law judge
regarding the appiication of Applicarit iJnbank Company, LLP. The sole isstac m dispuQe
is whether the location of a currency exchanbe at 1614 White Bear Avenue, 5t. Paul, is
permitted pursuant to St. Yaul Zoning Qrdinance section 60.542 (4). Based upon the
evidenee presented at said hearing, the azgumcnts of counsel, and all files, records and
}?roceedings herein, the undersigned ac9ministrative law judgc hereby makes the following
Findings vf Fact:
1
2.
The premises in which applicanl proposes to locatc a currency exchange is at
1 G 14 Wlute Beaz Avenue, Sl. Paul.
The zoning classification of 1614 White Bear Avenue is B-2.
3- Saint Paul Zonin�; Code § 60.50.2 pezznits currency cxchanges in a�-2 district
when "the business is located af least one hundred (100) feet from any residerttial
iol in a residcntial district or at least one hundred (100) feet from any residential
arin �o.r�wrc�
CouncilFile# 9�— �plt3
�OR1GlNAL
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
�:
Committee Date :
2 An interim ordinance adopted pursuant to Minnesota Statute §
3 462.355, Subd. 4, preserving the stahzs quo with respect to ttte nse
4 of property in the area presentiy under study for the White Bear
5
6
7
Avenue Area Study pending completion of the study and any
possible amendments to the City of Saint PauPs Comprehensive
Plan or Zoning Ordinance necessary to give effect to the study
9 The Council of the City of Saint Paul does ordain:
• 10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
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29
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� 32
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36
Section 1
Statement of legislative intent: The City of Saint PauPs 1999 comprehensive municipal
plan continues Saint Paul's legacy of strong neighborhood azea planning. State law now requires
city zoning regulations to be consistent with the city's comprehensive plan. The 1999 land use
component of the comprehensive Plan calls for refrning neighborhood area planning studies to
insure thaY any amendments to the zonin� code resuIting from nei�hborhood area studies
conform with the comprehensive Plan.
In keepin� wiTh the ciTy's tradition of neighborhood area planning, a study of the White Bear
Avenue Area has been undertaken and is nearing completion. The said study will require
planning commission review and recommendation and Councit approval before it is adopted as
part of the comprehensive plan.
Pending the department of planning and economic development's completion of the said study,
a plannin� commission recommendation to amend The City's comprehensive plan and zonin�
code and ihe Council's adoption of suck recommendations and for the overall purpose of
protecting the City's planning process, a moratorium of timited duration must be enacted for the
purpose of prohibiting developments which may be inconsistent with comprehensive plan
development obj ectives for the White Bear Avenue azea.
Pil3�'�'r�cD
Section 2
,�11�
Moratorium imposed; tands affected: Pending completion of fhe said study and any
other necessary studies or study recommendations, and the adoption of any amendments to the
comprehensive plan and zoning code based upon the study or studies as provided under Minn.
Ordinance #
Green Sheet # 1Q(�_��. $'
1
2
3
�
6
7
8
9
10
11
12
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14
IS
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Stat. § 462.355, Subd. (4), the issuance of plat approvals and lot splits or building and zoning
permits for any pazcel of land or part thereof within the areas of the White Bear Avenue Study � O- by �
Area shall be prohibited for a period of time not to exceed rivelve (12) months from the effective
date of this ordinance.
Section 3
Moratorium, exemnfions: The following are exempted from the moratorium
provisions imposed under Section 2:
1. Building, plumbin„ mechanicai and electrical permits for repairs or minor alterations
to conforming or non-conforming structures, or for work on dangerous or vacant
buildings administered under Leg. Code Chapter 43, or for work on single or multi-
family residential structures or uses.
2. Demolition permits for nuisance buildings pursuant to Leg. Code Chapter 45.
Section 4
The restrictions enacted herein may be extended by the Council of the City of Saint Paul
for additional periods not to exceed an additional eighteen (18) months in the event the studies
and recommendations of the Planning Commission and the deliberations of the Saint Paul City
Council require such extensions.
Section 5
This ordinance shall take effect and be in force 30 days &om and after its passa�e,
approval and publication.
OR(G1�lAL
Requested by Department of:
By:
Adoption Certified by Council Secretary
Form Approved by City Attorney
By: �� !N �H.vr.t� ! /— / � o Q
Approved by Mayor for Submission to Council
�: �� ��--.�- -�---�
Aooroved by Mayor: Date
Sy. _� __ � !�.� ��
I� ' ��S'.f�\�' � '
� �
PllBLISHED
�� 1 i t?f!
Adopted by Council: Date "�,.�.i a,��.d�
§ 64.t02
Sec. 64.IO2. Site plan.
LEG7SLATLVE CODE
All applications for building permits for all new
buildings or building espansions shall be accom-
panied by a site plan, drawn to scale and specifi-
cations, showing the follocving.
(1) The actual shape, location and dimen-
sions ofthe zoning lot.
(2) The shape, size and location of all build-
ings or other structures to be erected,
altered, or moved and of any building or
other structures already on the zoning lot.
(3) The existing and intended use of the zon-
ing lot and of all such structures upon it,
including, in residential azeas, the num-
ber of dwelling units the building is in-
tended to accommodate.
(4) Such other information concerning the
zoning lot or adjoining lots as may be
determined by the zoning administrator
as essential for determining whether the
provisions of this code aze being observed.
(Code 1956, § 64.102)
Sec. 64.163. Building permits.
No building permit shall be issued for the
erection, alteration, moving or use of any building
or structure or part thereof, or for the use of any
land, which erection, alteration, moving or use is
not in accordance with all provisions of this code.
l�TO renewal of an expired building permit shall be
issued for a use or structure made nonconforming
by amendments to this code.
(Code 1956, § 64.103; C.F. No. 93-Z718, § 82,
12-14-93)
Sec. 64.104. Certificates.
Certificates of occupancy as required by the
Saint Paul Legislative Code shall aLso constitute
certification of zoning compliance as required by
this zoning code.
(Code 1956, § 64.1047
Sec. 64.105. Final inspection.
The holder of every building permit for the
construction, erection, alteration, repair or mov-
ing of any building, structure or part thereof shall
notify the zoning administraWr immediately upon
the completion of the work authorized by such
permit, {or a final inspection.
(Code 1956, § 64105)
ARTICLE II. ADMIIII.STRAT'ION
Division 1. 64200. Boazd of Zoning Appeals
Sec. 64.201. Creation and membership.
(a) There is hereby established a boazd of
zoning appeals, which shall perform its duties
and esercise its powers as provided by law in such
a way that the objectives of this zoning code shall
be observed, public safety secured, and substan-
tial justice done. The boazd shall consist of seven
(7) regulaz members and two (2) alternate mem-
bers appointed by the mayor with the consent of
the council. Of the regulaz members, one member
so appointed shall be a member of the planning
commission with appointment coinciding with
planning commission term. The appointments of
the remaining six (6) of the members shall be for
the following period: two (2) members for one
yeaz, two (2) members for two (2) years, two (2)
members for three (3) years. Following the origi-
nal appointments, each member shali be ap-
pointed to hold office for the full three-yeaz term.
The regulaz members of the board of zoning
appeals shall annually elect its own chairman,
vice-chaixwan and secretary. Altemate members
shall serve a term of three (3) years and may vote
on matters before the board only in the absence of
a regular member(s). The compensation of the
appointed members of the board of zoning appeals
shall be fiaed by the council by resolution.
(b) All members of the board of zoning appeals
shall be qualified electors of the City of Saint Paul
and no member shall be an oi'�ncial or employee of
the City of Saint Paul.
(Code 1956, § 64201; Ord. No.17927, § 1, 5-28-92)
Sec. 64.202. Meetings.
All meetings of the board of zoning appeals
shall be held at the call of the chauperson and at
such times as such board may determine. All
meetings conducted by the board shall be subject
Supp. I�o. 41 616.122
ZONING CODE
to all applicable open meeting laws and ordi-
nances. The secreYary, or his representatives,
shall keep minutes of its proceedings ehowing the
vote of each member upon each question, or if
absent or failing to vote, indicating such fact, and
shall also keep records of its hearings and other
official action. Four (4) members of the board
shall consritute a quorum for the conduct of its
business; provided, that no action may be taken
unless at least four (4) members vote in favor of
such action. The board shal] have the power to
administer oaths and, upon order of the district
court, to issue subpoenas, require the attendance
of witnesses, compel testunony and the produc-
tion of books, papezs, files and other evidence
pertinent to the matters before it.
(Code 1956, § 64202; C.F. No. 95-557, § 7, 6-14-
95)
Sec. 64203. Variances.
(a) An application for variance may be filed by
any person having an ownership or leasehold
interest in land and/or building (contingent in-
cluded), of the affected property at any tiane. Such
application shall be filed with a site plan meeting
requirements of section 64.102.
(b) The 6oazd of zoning appeals shall have the
power to grant variances from the strici enforce-
ment of the provisions of this code upon a finding
that:
(1) T`he property in question cannot be put to
a reasonable use under the strict provi-
sions of the code;
(2) 'I't3e plight of the landowner is due to
circumstances unique to his pmperty, and
these circumstances were not created by
the landowner;
Supp.tio.41
616.12.3
§ 64203
ZONIIvG CODE ¢ 64.205
1 -
�
(3) The proposed variance is in keeping with
the spirit and intent of the code, and is
consistent with the health, safety, com-
fort, morals and welfare of the inhabit-
ants of the City of Saint Pau2;
(4) The proposed variance vrill not impair an
adequate supply of light and air to adja-
cent property, nor will it alter the essen-
tial chazacEer of the surrounding area or
unreasonably diminish established pro�
erty values within the surrounding area;
(5) The variance, if granted, would not per
mit any use that is not permitted under
the prorisions of the code for the property
i� the district where the affected land is
located, not would it alter or change the
zoning district classification of the prop
erty; and
(6) T'he request for variance is not based
primarily on a desire to increase the value
or income potential of the parcel of land.
(c) Hardship as described in the finding set out
in subsection (b)(1) above shall include the need
for access to direct sunlight for solaz energy
systems.
(d) In granting a variance, the boazd may
attach thereto such conditions as it deems reason-
able to protect adjacent properties, to ensure a
compliance or to fnrthet the purposes of �?-=_.code.
In granting a variance, the board shall state the
grounds upon which it ju'stifies the granting of a
variance.
(e) A fee to be established by resolution of the
city counci] shail be paid to the zoning adminis-
trator by the applicant when the zequest foz
variance is filed with the boazd of zoning appeals.
Such resolution may provide for waiver or refund
of such a fee under specific circumstances.
(Ord. No. 17038, 7-5-83; C.F. No. 93-1718, §§ 83,
84, 12-14-93)
Editoz'a note--Sections 64203--64206, derived from §§
64203, 64203.s, 64204 of the dty'e 1556 Code. a� ameaded,
�were ameaded by the eame and aubstituting new aections as
follows, pursuaat to Ord. No. 17038, adopted July S, 1983.
Sec. 64204. Administrative appeals.
(a) The board of zoning appeals shall have the
power to heaz and decide appeals where it is
Supp. 2Qo. 36
alleged by the appellant that there is an error in
any order, requirement, -permit, decision or re-
fusal made by the zoning administrator in carry-
ing out or enforcing anq provision of the code.
(b} The board of zoning appeals shall have the
power to heaz and decide appeals of ordezs, &eri-
sions or determinations made by the building
official relative to the application and interpreta-
tion of the state building code.
(c) An appeal may be taken by any person,
firm or corporation, or by any officer, degartment,
board or bureau affected by a decision of the
zoning administrator or building official within
thirty (30) days after the decision appealed from
shall have been served either in person or by mail
upon the owner of the property which is the
subject mattez of the decision rendered by the
zoning administrator or building official. Appeals
shall be frled with the zoning administrator spec-
ifying the grounds thereof. The zoning adminis-
trator shall forthcvith �ansmit to the board a;l of
the papers constituting the record upon which the
action appealed from was taken. An admuustra-
tive appeal shall stay all proceedings, including
criminal proceedings, in furtherance of the action
appealed from unless the zoning administrator or
building official certifies to the board, after notice
of appeal has been filed, that by reason of facts
stated in the certificate a stay would cause immi-,
nent peril to life or property, in which case the
proceedings shall aot be stayed otherc�-ise than by
a restraining order granted by a couzt of compe-
tent jurisdiction.
(d) A fee to be established by resolution of the
council shall be paid by the appellant at the time
the notice of appeal is filed. The resolution may
provide for waiver or refund af such fee under
specific circumstances.
(Ord. No. 17038, § 7-5-83; C.F. No. 95-557, § 8,
s-ia-ss>
Notc�See the editora note following § 64203.
Sec. 64.205 Decision by the board of zoning
appeals.
(a) The board of zoning appeals shaII conduct a
hearing on the appeal or variance applicarion
�cithin thirty (30) days after the appeal or appli-
cation has been filed with the zoning administra-
616.13
¢ 64205
LEGISLATIVE CODE
tor, and shall give duenoticethereoftotheparties
as defined in section 64208, and shall render a
decision on the appeal or application without
unreasonabie delay. Decisions of the board of
zoning appeals shall be final subject to later
appeal to the city counal.
(b) Any person may appeaz and testify at tfie
hearing, either in person or by duly authorized
agent or attorney.
(c) All of the papers constitvting the record
upon which the application or the decision ap-
pealed from was taken, including, but not limited
to, the action of the board of zoning appeals and
the findings of fact, shall be retained in the
permanent files of the office of license, inspection
and environmentat�protection.
(d) After reaching a deci�ion in accordance
with this section, the boazd of zoning appeals
shall prepare a written report, including, but not
limited to, findings of fact and the action of the
boazd, which report will be filed with the office of
license, inspection and environmental protection
without undue delay.
(e) A copy of administrafive appeals coacezn-
ing the F2iver Corridor Districts shall be submit-
ted to the commissioner of natural resources
sufficiently in advance so that the commissioner
srill receive at least ten (10) days' notice of the
board's hearing. A copy of all decisions granting
administrative appeals shall be forwarded to the
commissioner of natural resources within ten (10)
days of such action.
(fl Building permits shall not be issued after
an administrative review has been filed. If per-
mits have been issued before an administrative
review has been filed, then the permits are sus-
pended and construction shall cease until the
board of zoning appeals has made a determina-
tion of the administrative appeal.
(Ord. No. 17038, 7-5-83; C.F. No. 91-531, § 33,
5-6-93; C.F. No. 93-1718, § 85, 12-1493; C.F. No.
96-77, § 7, 2-14-96)
Note—.See the editois aote followiag § 64203.
Sec. 64206. Appeals to city counci2.
(a) The city council shail have the power to
heaz and decide appeals where it is alieged by the
appellant that there is an error in any fact,
procedure or finding made by the boazd of zoning
appeals or the planning commission. An appeal
may be taken to the city council by any person,
firm or corporation or by any officer, department,
boazd or bureau affected by a decision of the boazd
or planning commission. Such appeal shall be
taken within fifteen (15) days after the decision
appealed from sha21 have been duly adopted by
the boazd or commission and shall have been
served either in person or by mail upon the o�rner
of the property which is the subject matter of the
decision. Appeals of decisions by the board shall
be filed with the office of license, inspection, and
environmental protection; and appeals of deci-
sions by the planning commission shall be filed
with the zoning section of the planning division.
Appeals shall specify the grounds thereof and be
accompanied by payment of the required fee.
(b) Building permits shall not be issued after
an appeal has been filed. If permits have been
issued before an appeal has been filed, then the
permits are suspended and construction shall
cease untII the city council has made a final
determination of the appeal.
(c) The city council shall conduct a hearing on
the appeal within thirty (30) days after the ze-
ceipt by the city covncil of the appeal from the
action of the planning commission or the boazd of
zoning appeals. As required under section 64.208,
the city council shall give due notice of the hear-
ing to all interested parties and shall render a
decision on the appeal without unreasonable de-
lay. Any person may appear and testify at the
hearing either in person or by duly authorized
agent or attomey.
(d) A fee to be established by resolution of the
city council shall be paid to the zoning section of
the planning division or the office of license,
inspection and environmental grotection by the
appellant at the time the notice of appeal is filed.
Such resolution may provide for waiver or refund ,
of such fee under specific circumstances.
(Ord. No. 17038, 7-5-83; Ord. No. 17b07, §§ 1, 2,
10-27-88; G.F. No. 96-77, § 7, 2-14-96)
Note�e the editor's note followiag § 64203.
Supp. No. 36 616.14
i
Sec. 54207. Orders.
ZONIIZG CODE
Sec. 64209. Permit, etc., time limit.
§ 64.300
In exercising the above powers, the city council
or the boazd of zoning appeals may reverse or
afnrm, wholly or partly, or may modify the orders,
requirements, decision or determination appealed
from and may make such order, requirement,
decision or determination as ought to be made. Zb
that end, the boazd of zoning appeals shall have
all the powers of the zoning administrator and the
building official, and the city council shall have all
the powers of either the board of zoning appea2s
or the planning commission. All final decisions,
orders, requirements or determinations by the
bcard of zoning appea!s an3/or cit� couaci? sr:11
be in the form of a c�ritten resolution. The city
council shall serve a copy of the resolution upon
the appellant andlor the owner of the affected
property, zoning administrator, planning commis-
sion and boazd of zoning appeals by mail or
personal service. The board of zoning appeals
shall serve a copy of the resolurion upon the
appellant and/or owner of the affected property,
the zoning administrator and the planning com-
mission. Decisions of the city council on all mat-
ters within its jurisdiction shall be final subject
only to judicial review by a court of competent
jurisdiction.
(Gode 1956, § 64.206; Ord. No. 17038, ?-5-83; C.F.
No. 9"ab57, § 9, 6-14-95)
Sec. 64.208. Notice.
The board of zoning apgeals shall make no
decisions, nor shall the city council upon appeal
make any decision, except in a specific case and
after a public hearing conducted by the board and
city council. They shali, by general rule or in a
specific case, detezmine the interested parties
who, in the opinion of each, may he affected by
any matter brought before it, which shaIl in all
minor variance cases include all owners of record
of property within one hundred (100) feet of the
premises in question, and which shall in all major
variance and appeals cases inciude all ocvners of
record of property within ttu'ee hundred fifty
(350) feet of the premises in question. Such no-
tices shall be delivered personally or by mail
addressed to the respective owners at the address
given in the most current Ramsey County prop-
erty ta�cation records.
(Code 1956, § 64.207; Ord. No. 17030, 6-?-83)
Supp.No.36
No order of the board of zoning appeals or the
city council permitting the erection or alteratioa
of a buiiding or off-street pazking facility shall be
valid for a period longer than one yeaz, unless a
building permit for such e-ection or alteration is
obtained within such period and such erection or
alteration is groceeding with the terms of such
permit, uuless the board of zoning appeals or the
city council grants an eztension not to egceed one
yeaz. In granting such eatension, the board of
zoning appeals may decide to hold a public bear-
ing.
(Code 1956, § 64.205; Ord. No. 16907, 4-20-82)
Di�zsion 2. Planning Commission and Plannuig
Administrator
Sec. 64.300. Planning commission and plan-
aing or zoniag administrator ap-
proval.
(a) Application to planning commission. Any
person having an ownership or leasehold interest
in land and/or building (contingent included) is
eligible to file an applicafion with the pianning
commission for:
(1) Site plan approvai;
(2) A permit for a special condition use, d�-
termination of sunilar use, nonconform-
ing use, sign variance, river corridor mod-
ification; or
(3) Other matters provided for in this zoniag
code.
All applications shall be filed on appropriate
forms and with requisite fees.
(b) Planning commission mvieiu; delegafion to
administrator. The planning commission shall
review and approve or deny site plans, permits or
other matters. The planning commission shall
have the authority to impose reasonabie condi-
tions and limitations on site plans and permits; to
grant variances from zoning regulations related
to site plans and permits; and to modify or revoke
permits. The planning commission may, by rule,
delegate to the planning oz zoning admixustrator
its power to reviek• and approve or deny site
616.25
DUPLICATE AFFIDAVIT OF PUBLICATION
State of i�I'innesota, County of Ramsey
Patrick Boulay, being duly swom, on oath says that heJshe is the publisher
or the publisiier's designated agent of the newspaper lmown as the St. Paul
u � E � ���:� Legal Ledger and has full 1�omIedge of the facts which aze stated below:
i;�� xumt� zooi0000zss
purpose; B7ew appllcation £or a State of
nt;nnrsoa G�z�'�ry �1�auBe �
� At 1614 White Hrar Aveaue North
°iPPllrane Unbank Campany 7.i.0 .
a.�n.�. D�Le:
geb:mry 9. 2001 - 4:30 P!l phldsyl
if you Lave any obJections �m the renewel of tFi<
licm.se. ➢w mus[ xesPond in writlng b9 Febxvaxy
s, zooi m:
ca�nn<n. �x �
LiEP DePutY D�mtor . ,
Office of License.lnsPec'tions and
Envhnnmmtal rracecuon
350 St Peter 94eek Suiffi #300
Saint Paul, Minnesota 55102
Or fae To Chrlatlne A Rouk at
(651) 2fi6-9124
If }rou luve an3' 4'iestl°ns Tegardi°B the Hcense
applicatton. Please contac[ Coiinne A Asunctoa.
LIEp prqe�,t gaciiitsYOr, at (651) 266-9106 or
� ChiisUne A Rouk, L1EP UePu$' Dlcector, at
(651j 266-9108.
Notice Maited: Januaxy 26. 2001
. (F<bmuy 1)
S'G YAIIL LF.CAL 7.SOGFdt
020177'S4
(A) The newspaper has complied with all the requirements constituting
qualification as a qualified legal newspaper, as provided by Minnesota Statutes
331A.02, 331A.07, and other applicable laws, as amended.
(B) The printed Notice which is attached was cut from the columns of said
newspaper and was printed and published once; it was published on February 1,
2001.
and printed below is a copy of the lower case alphabet from A to Z, both inclusive,
which is hereby aclmowledged as being the size and l�nd of type used in the
composition and publication of said notice:
abcdefghijklmnopqrstuv�y2
Rd' tE ]LfOTID2L30II
����BARSAr'i& A. STMARTIN
°� ":OT�,ftY �UBLlE - M(N�'tESOTA
h1y Ca,r.�. cra+rtes Jan. u1.?005
i
%'a4.ce"NAVY':hnT.v.-.!� .. . Pi�IJYVYY�M�
(S) Lowest classified xate paid Iry commerclal usexs far compatahle space is $ N/A
(2� Maamum mte allowed by law for the ahove publicatioa is $ 52.fi0
(3) Rate actually chazged for the above publication is $ 47.82
�an� k Company, LLP a Unb� �
— Company, LLP City's Exh. # 6 —
Subscribed and sworn to before me this lst day of February, 2001
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OFFICE OF ADNIINISTRATIVE HEARINGS
FOit THE COUNCIL OF
THE CITY OF SAIN'T PAUL
In Re the License Application of Unbank Company, LLP
d/b/a Unbank Company, LLP
CITY'S PROPOSED
EXHIBITS
February 26, 2001
TO: Judge Richard C. Luis, Administrative Law Judge, Office of Administrative Hearings, 100
Washington Square, Suite 1700, Minneapolis, Minnesota 55401
The following constitutes a list ofthe City's proposed eachibits for the Administrative Hearing
on February 26, 2001.
Exhibit No.
Exh. No. 1
E�. No. 2
Exh. No. 3
Ezch. No. 4
E�. No. 5
E�. No 6
Description
License Application, dated December 18, 2000 with cover letter from the
Minnesota Depart of Commerce, dated January i l, 2001 (14 pp.);
Norice of Hearing, dated January 30, 2001, with Affidavit of Service (4 pp.);
Memo from Jeff Hawkins to Corinne Asuncion and Christine Rozek, dated
Januasy 24, 2001 (1 p.);
Notice of Re-Scheduled Hearing, dated February 9, 2001, with Affidavit of
Service (2 pp.);
NoticeofRe-ScheduledHearingAndNoticeofCouncilHearing, dated February
15, 2001, with Affidavit of Service (3 pp.);
Affidavit of Publication in Legal Ledger, Published February 1, 2001 (1 p.).
�/
Also attached please find courtesy copies of applicable St_ Paul City ordinances:
St. Paul Legislative Code § 310.05
St. Paul Legislative Code § 310.06
St. Paul Zoning Code § 60.542
St. Paul Legislative Code Chapter 381 Currency Exchanges
Mimiesota Statute Chapter 53A Currency Exchanges
Respectfully submitted this 26�' day of February, 2001.
�
��,
Virgi D. Palmer
Assistant City Attorney
Office of The City Attorney
400 City Hall
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
(612)266-8710
� �
[NNESOTA
?ARiMENT OF
)MMERCE
Christine A. Rozek
City of St. Paul
350 St. Peter Street, Suite 300
St. Paul, MN 55102
85 7th Place East, Suite 500
St. Paul, Minnesota 55101-2198
651.296.4026 FAX 651.247.1454 TTY 651.2973067
January 11, 2001
RE: Currency Exchange License Application
Unbank Company LLP
Dear Ms. Kozek:
Enclosed is a copy of an application submitted by Stuart Tapper to operate a currency exchange
business at 1614 White Bear Avenue, St. Paul, Minnesota. The name of the currency exchange
company is Unbank Company LLP.
Minnesota Statute 53A.04 (a) states:
"Within 30 days after the receipt of a complete application, the commissioner shall deny the
application or submit the application to the governing body of the local unit of government in
which the applicant is located or is proposing to be located. The commissioner may not approve
the application without the concurrence of the governing body. The governing body shall give
published notice of its intention to consider the issue and shall solicit testimony from interested
persons, including those in the community in which the applicant is located or is proposin� to be
located. If the governing body has not approved or disapproved the issue within 60 days of
receipt of the application, concurrence is presumed. The commissioner must approve or
disapprove the application within 30 days from receiving the decision of the governing body,
The governing body shall have the sole responsibility for its decision. The state shall have no
responsibility for that decision."
Please respond in writing within 60 days of the receipt of this notice as to the decision of the
governing body regardina the application for the currency exchange operation. If I do noi hear
from you within 60 days, approval will be presumed and the license will be issued. If you have
any questions, please feel free to contact me.
V=�G' yours�
�G�6� �zcti���
Rabin H. Bro�vn
Financial Examinations Division
(651)282-9855
Enclosure
cc: Stuart Tapper, Unbank Company
Enforcement:l.8��.65736�2 Licensi ��■
Energy Information: 1.800.6573710 Unctairt Unbank Company, LLP d/b/a Unbank _�
www.commercestate.mn.us An Equ< Corrtpany, LLP City s Exh. # 1
. - .'y :c:�°Si' -_
�EPARTMENT OF COMMERCE
DNISION OF FINANCIAL EXAMINATIONS
133 EAST 7TH STREET
ST. PAUL, MINNESOTA 55101
(651} 282-9855
.:r ',3,:.
:��,� . :a_
., _ ' -:
'� ,.� �� -
`sC i
Il� s�
:::::..�,
Deputy
A55�.
Chief
Review
Data Entry
CURRENCY DCCHANGE
License Number
Surety Bond Number
, p�a � • " r°a
��
DEC 2 0 2p00
Re¢'d $ �
�
Processing Date
I CURRENCY DCCHANGE ---- Insurance Company -� -- NAIC Number -- I
� LICENSE APPLtCA7lON
The data, which you fumish on this form, wiil be used by the Department of Commerce to assess your
qualifications for a ticense. Disclosure of your socia! securiiy number is vo luntary. Y�ou are no t lega l iy
reGuired to provide th�s data; however, i� yau do not pravide your sociaf securi:y numb2r, the DepaRment
of Commerce may be unable to grant a license. The Department may use social security numbers for
revenue recapture as authorized by Minnesota Statutes, Chapter 270A and for identification purposes.
After issuance of a license, all infoRnation contained in this application, except your sociai security
number, is public pursuant to Minnesota Statutes, Chapter 13.
A. TYPE OF LICENSE
B.
NEW O RENEWAL
INFORMA710N
C
OF
�_��.
OF
(No
\ ,,
�i�
���, �,1���1�
O AMENDED IICENSE
L.�
(:v�1n�
fP CODE
.�?"��o�
cl��a> g�� a�ia�-� �c�,�-� �a2- ���
Check oae: O SOLE PROPRIETORSHIP
O PARTNERSHIP
O CORPORATION OR ASSOCIATION
• .
of
rev
or
Place
i-n Y �.J 'Q
TAX 1D NU 8E
� l `� `l � �i O
� LIMITED LIABILITY PARTNERSHIP
O UMITED LIABILITY COMPANY
.
1 - ,
C. Additional licensed currency exchange locations operated by the applicant (use separate sheet 'rf
additiona! space is needed). l � �
Street Address {P.O. Boxes are not acceptable)
City State
Street Address (P.O. Boxes are not acceptable)
City State
Street Address (P.O. Boxes are not acceptable)
City State
Street Address (P.O. Boxes are not acceptable)
City State
Zip Code
Zip Code
Zip Code
Zip Code
County
County
County
County
I D. Piease provide the names and compiete business addresses of owners, partners, officers, stockhoiders
, (owning 10% or more of the corporate stock), and employees with authority to exercise management or
policy controi over the company.
Full Name O�cial Percent Residence Social Security
Title Ownership Address Number Birth Date
r' r Pt • 4 i, cl � � S Ct, �`F�
v; z :�.- \
1�w[i �'�.Tr.t�pc- �ru<��.a._ �D � �'1`�
ev
2
E. ALL applicants must answer the following questions. If any questions are answerea - Yts,° you
MUST attach a detailed written expianat�on and any legaf documerrtation, if app{icable.
Have you, any aE the owners, partners, oificets, managers, directors, or sharehotders owning more than
10% of the corporate stock
YES NO
O,O 1. Held a currency exchange license in any ofher state other than Minnesotal
If YES, the new license application must include a verification of license certified by the
state(s); all other applicants musi verify that the certification(s) previously submitted is accurate.
O,�1 2. Been tfie subject of any inquiry or investigation by any division of the Minnesota Commesce
Department?
O�. Had any occupational license censured, suspended, revoked, cancelled, temiinated or bPen
the subject of any type of administrative action in any state including Minnesota?
O� Have you ever been charged with, or convicted of, or been indicted for, or entered a plea to,
any criminal offense (felony, gross misdemeanor or misdemeanor), other than traffic
violations, in any State or Federai Court?
O�. Been a defendant in any lawsuit invoiving claims of fraud, misrepresentation, conversion,
mismanagement o4 funds or breach of contract?
O�. Been notified by the Commissioner of Revenue, pursuant to Minnesota Statutes, Section-
270A.72, that you currently owe the State of Minnesota taxes?
O�7. Have any unciaimed property (unclaimed funds or property over 3 years old) to report under
Minnesota Statutes, Section 345.37?
O-0' 8. Filed for bankruptcy or protection from creditors or currently have outstanding unsatisfied
judgment(s)?
O. m' 9. Been a�liated with any other cuRency exchange?
O 1 Q. Will the applicant sell lottery tickets at the licensed location?
I HEREBY CERTIFY THAT ALL INFORMATION CONTAINED IN THIS APPLICATION AND ANY
ACCOMPANYING DOCUMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOVVLEDGE.
i CERTIFY THAT THIS DOCUMENT HAS NOT BEEN ALTERED OR CHANGED IN ANY MANNER FROM
THE FORM ADOPTED BY THE DEPARTMENT OF COMMERCE.
�.
12�1$
Signature of Owner, Partner or Corporate O�cer
Pnnt Name of Owner, Partner, or
Date
Officer
-ev
a
2917 Bryant Ave. S. Suite 5
Minneapolis, MN 55408
LICENSED CURRENCY EXCHANGE
LOCATIONS OPERATED BY UNBANK
COMPANY:
913 West Broadway
Minneapolis, MN 55411
1098 University Avenue
St. Paul, MN 55104
Hennepin
Ramsey
(612) 822-2924 I
(612) 822-6340 Fax 267-269 St. Peter
St. Paul, MN 55102 Ramsey
1009 East Franklin Avenue
Minneapolis, MN 55404
205 East Main Street
Anoka, MN 55303
1508 West Broadway
Minneapolis, NN 55411
17 North 7�' Street
Minneapolis, MN 55403
812 East Lake Street
Minneapolis, MN 55407
147 Division Street
Waite Pazk, NN 56387
Hennepin
Anoka
Hennepin
Hennepin
Hennepin
Stearns
2917 BryantAve. S. Suite 5
Minneapofis, M(V 55408
(612) 822-2924
(612)822-6340 Fax
December 6, 2000
Department of Commerce
State of Minnesota
133 East Seventh Street
St. Paul, Minnesota 55101
RE: Currency Exchange at 1614 White Beaz Avenue, St. Paul,
MN 55106
To Whom It May Concem:
To the best of my knowledge there is not a currency exchange
within'/z mile of this location.
Sincerely,
; � ?-��
St art Tapper
Vice President
Subscribed and sworn before me on the O_[ f� day of
�w F �.r._�,z� , 2000.
SHARGN R. BOHNHOFF
Notary Public
, Minnesota
My Commission Expires Jan. 31, 2005
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$ o.oi - som � i2oo io.so s izoo io.so
50.01 - 100.00 12a0 10.80 I4.00 12.60
100.01 - 2A0.00 17.00 1530 20.00 18.00
Z00.01 - 300.Ob 24.00 f 21.6Q 25.00 ?2S0
300.01 - 400.00 29.00 � 26.10 33.00 29.70
400.OI -' S00.0p 38.00 3421? 38.00 34.20
500.01 - 625.00 45.00 4050 48.00 43.2A
r�oi - �so.00 s2ao I a6.so - s2.00 � a6.so
750A1 - 875.00 60.00 54.10 60.W 54.00
875A1 -1000.00 70.00 63.00 65.00 j 58.50
1,OOOA1 - 1,25Q.00 80.0p 72.00 75.00 6750
1.ZSO.U1 - 1.500•00 90.00 � 81.00 82.00 � 73.80
I�00.01 - 1.750.00 100.(70 � 90.00 88.00 � 79.20
1,750A1 - 2,000.00 ] 10.00 i 99.pp 98.00 � 8820
!
?,000.01 - 2,5i10.00 120.W ; 108.00 110.00 i 99.pp
2,500.01 - 3,000.00 130.00 � 1I7.00 120.00 � 108.00
3,000.02 - 3.500.00 I55.00 � 13'J.50 140.00 ! 1?b.00
3�OOA1 - 4,000.00 175.00 � 15750 160.00 i 144.00
4,000.01 .4,500.00 195.00 77550 ]80.00 i � 162.00
4 - 5,000.00 21.5.0p � 193.50 200.00 I 180.00
5,000.02 - 5,500.00 235.00 + 211.50 220.00 � 198.00
5�00.01 - 6,000,00 255.W 229.50 240.00 � 216.00
6,OOOA1 - 6 275.00 � 247.50 260.00 � 234.pp
6 - 7,000.00 295.W Zfi550 280.00 � 252.0p
7,000.01 - 7¢00.00 315.00 j 28350 3W.00 � 270.00
7,500.01 - B 335.W 301.50 37A.00 I 288.00
S
8,000.01 - 8 355.00 31950 340.00 � 3�,pp
8 - 9,000.00 375.00 � 33750 360.00 32R.00
9,000.01 - 9,500.00 395.00 355.50 38400 342.Op
9,500.01 -10,000.00 .i15.00 373.50 4p0.pp 36p,pp
(i) Oanestichesapphtotnns`ersinitiatcdmNeVnitedSGtes,RxrtoRkqGuatRAmerican5amwandtheUSYrginldaridsandsenttofheUndedStates,Gnada,PUUtaRia4
Gwm,Mnerion Sartaa and the US. Y(gin Islands
(2) 1n Mtigva/earMda. ArqmGna. Aruba, Bahama; BaiGdos, 8alivi� Bona�rq Bnzil, Cayman Islands, Chile, Cnlombb, Costa Riq Cuanq Dominin, Dominiru� RepuW'K
Eanda, EI Salradar, Grenad�, Gurterrula, Gyaw, W�i,Nadur�s.lartulm, Niangua, Panama,P�reguay, petu�5[ Eus4tius, St Kitts & Nevi� Stlucy St AWRln,StYnanC
SurinamqTnnidad & iobago, Uruguay and vmuuela paymetR is usiuily avaii�ble for Pid-up in w minutez a kss, depending upon hars of operation of the p�ying offict In
&Gze paymeM is andable m�q�q8 hours.
'free phone cafl (up to three minuFesJ, and ten-word mesmge with arrysend hansaction from
US. to Oomestic, Latin America and Cari66ean.
fW hvnKKbam p>d �n rv..rrcy orne. Men SUS dalla4 �n oMrtm ta trr vanyhr/ee1 app�KOEIr to o emmoRroM1 a turrtiuy tuMlyrMe iet by MoneyGom ai rts agmh bvll b applrtd.
.
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$ 0.01 - 100.00 $ 10.00 .; 9.00 I5.00 ; t3S0 I5.00 ; 1350
� , . ,
1U0A1 - 2UO.OQ lO.OQ � 9.a0 20.�0 1 18.0� IS.00 � 1620
200A1 - 300.00 I0.00 ; 9.00 2D.00 ; 18.00 I8.00 � 16.20
300.01 - 400.U0 10.00 ; 9.00 33.00 ; 27.90 2A.fl0 ; 18.00
400.02 - 500.00 2A.00 � 18.00 33.00 � 29.70 30.00 � 27.00
� � �
500A1 - GOU.00 20.00 ; 18.00 41.00 ; 36,90 35.00 ; 3150
600.01 - 700.00 20.00 � 18.00 47.00 ; 47..30 3T.00 ; 3330
� � �
700.01 - 800.00 7A.00 ; 18.00 47.00 � 42.30 39.00 � 35.10
� � �
800.01 • 900.00 30.00 � 27.00 47.00 ; 4230 40.00 ; 36.00
� �
900.01 - 1,000.00 30.00 � 27.00 47.00 � 4230 50.00 � 45.00
1,DOOA1 - 1¢OU.00 40.00 ; 36.00 54.00 � 48.60 65.00 � 5850
, � �
I�El0A1 • 2,000.00 50.00 � 45.00 64.00 ; 57.60 90.00 ; 81.00
� � �
2,000.01 - Z,500.00 60.00 ; 54.00 79.00 � 71.10 I15.00 � 10350
?,500A1 - 3,000.00 '70.00 � 63.00 89.00 ' 80.10 I30.00 ; it7.00
, � �
3,000.01 - 3 80.00 � 72.00 109.00 � 98.10 145.00 � 13050
3,500A1 - 4,000.00 90.00 � 81.00 129.OQ ; 116.10 I60.00 � 144.00
, � �
4,000.01 - 4,500.00 IOQ.00 � 4p.0� 149.� ; 134.10 175.0� ; 15750
; . �
4,500A1 - S,OOQ.00 I(0.00 ; 99.00 I49.00 � 134.10 190.00 � 171.00
S,OOOA1 - 5,500.00 120.00 � 108.00 176.00 ; 158.40 2DS.00 ; 18450
; � �
5�0�.01 • 6,000.00 130.40 ; 117.0� 197.00 � 1T/30 220.00 � 198.00
6,OOOA1 - 6,500.00 1A0.00 � 126.00 209.00 � 188.10 235.00 l 21150
6,500.01 - 7,000.00 150.00 ; I35.00 214.00 ; 192.60 250.00 ; 225.00
7,OOOA1 - 7�00.00 I60.00 ; 144.00 229.00 � ?A6.10 265.00 � 23850
��OOA1 • 8,000.00 ] 70.00 � 153.00 ?39.00 ; 215.10 280.00 ;?5200
8,000.01 - 8,500.00 l80.00 ; l62.00 259.00 � Z33.I0 295.00 � 26550
8,500.01 - 9,000.00 190.00 % 171.00 279.00 ; Z51.10 310.00 : 279.00
; � �
9,000.01 - 9,SOQ00 200.00 ; 180.00 299.00 ; 269.10 315.00 ; 79250
� ,
95�01 -iq000.00 z1o.00 ; 189.00 299.00 � 269.10 340.00 � 306.00
� ,
�
�+J Tnmfrrs xnt to Mauro (Nat Ory Service� are anila6le fa pickup ihe next rtaming kk�m notiflotian tu the ReceiNer may be purthaud fa �n �dditiaul Szoa
T�nsfm sentviaTdegnfas (Remate taatlm) a2 uw�lly miWhte q8�nhwrt{adudingxeeFendsmd hdyiys�.
(x� TnnsferssenttoMeximw'Servicioallnstuite �rcmil�bkinstyRyrt�IlBan�malaabons
� TnnsfersurrttoMexi�ndatheC3mMoPlussernceuemil�hkforpck-uprt:Gigurtestaes(7drys�week-toAAtmBPM�andAmmwiExpras'Trm10(fices�ntekdry
oRice haun�.
'Free phone ca{f (up to three minvtes), onA teo-word messcge with am+tend tmnsact3on from
Ui fo Oomesii� latinAmerica and Codbbean.
In aGJ2ian ro Ihe fmnsJrrJeei appiFmy� pa fniuectur� a �umriry r�Nangt�vM�rf 6yMmejGivm ar�tr e�nh �rll0e appl�ad.
FROnn: URfITED STATES(�)
TRANSfER 7�: TO: TO: 70: TO:
AMOUNT EUROPE A51A AUSTRALIA AFRICA MIODLE
EAST
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(i) Regular prices for transfers initiated in the U.S., Puerto Rico, Guam, American Samoa and U.S. Vrgin lslands.
.
Nof ovailo6le everywhere outside the U.S., PueRo Rico, Guam, U.S. Vrgin Islands artd Canada. Cherk with
Exp�essPayment"'GientServicesat�_800•sssq� foton�rmovarlabil�.
Novus Services has both Standard ke and No Fee contumer tronsacfions.
The canect fee is Eeteimined by tBe q•digit Receive Code.
. •
No credit carCpayments are accepted.
.
� �
$ 0.01 - 10,000.00 $ 895*
'A select few clients will have a$6.gs fee. Tl�e fee will automotically cdlculate by the custamers q-digit Receive Code.
c�xo o-w�R e.v co��w ��< au ��n.,�x�..�e .uo�.ycrvm �.. ngua�,�,�,ue �.un rnme�5a.er. [.o�nsv.rym. aw me giaee w�m a�w�. �rt,�..�<m,rv� otM�eyG.,m v� •
twlemUK .«tnnu: omema.o�.rrenrymnntvn5U1d:0�n rrvklRimrotneu.r�.r..w...mv.wr,. .. . • �
Gary A. Dachis — President
�19600 Cedarhurst St., Wayzata MN 55391
Unbank Company, 1979-present
2917 Bryant Ave. S. Suite 5
Minneapolis, MN 55408
(612) 822-2924
�s12> s22-ssao F�
Stuar[ D. Tapper — Vice President
9905 St. John's Road, Minnetonka MN 55305
Unbank Company, 1996-present
Welsh Companies, 1989-1996
Michael Gold — Vice President of Operations
2643 Irving Avenue S, Minneapolis MN 55408
Unbank Company, 1996-present
Stewart Scott Associates, 1992-1996
Jacobence Construction, 1989-1992
Barbaza Lanier — Manager
911 22" Avenue S, Minneapolis MN 55404
Unbank Company, 1994-present
Kill & Mills Corporation, 1988-1994
Alan LePage — Mana�er
10723 Fillmore Street NE, Blaine MN 55434
Unbank Company, 1987-present
Michelle Yeske — Manager
319 Eazl Street, St. Paul MN 55106
Unbank Company, 1988-present
Jean M. Williams, Conuoller
3048 Lee Avenue North, Golden Valley MN 55422
Unbank Company, 1988-present
STATE OF MINNESOTA
BOND NUMBER: 55 177445
GURRENCY DCCHANGE SURE'CY BOND
KNOW ALL PERSOiVS BY THESE PRESENTS: That 7,LP VI I I
(Naine of Curtency ExcRanga)
a Check Cashi ' 'tv ZR' }
(Desaiption or fortn of business organaation. indudin3 s�te of ir��TP°+�°n3
wimbusiness�at 1614 t7hite Bear Ave., S±. Paul, MN 551.06
. (SVeet Address. CitY. State. =ip)
asPRINC1PALand Uni+�ed Fire & Casualty Co.
(Nama ot Surery)
a corpotattan duly organized underthe Iaws af the State af MinResOtd whfctt Is author¢aC to engage in ihe business
af i�suranca ic� the State of ��esota. as SURETY. are hereby held and ficmty bound fo ttie DepartmaM of Commerce ot the State
c{ itiiinnasota in the sum af TeN i FIOUSANt� DOCIARS• (310.000). Frincip2l �+d Seuety he2bY b� �8�+se��• �et
repregBrttgtiygg, gueCeSSOls aPd sssigns. jointly and severally by these presentS.
The partias furtSier agree that:
1. The Oum�e ��� ���9�'on, which is reguired Ey Minnesota Stetutes. Section 53A.a8, is to secure the compliance by
Principal with the terms of Minnasota Stafutas, Section 53A.62 to 53A.13, and any other legai abligatians arising out ot the
PrfndpaCS conduG as a curten�y e�cchange.
2. This bo�d Is for tha benafit of the State af Minnesota and alt petsons suNering damages by reason of the PfincEpai's faiWre to
�pmply with Minnesota StawSes, Sectfon 53AA2 W 53A.08, or other legai cbGgaScns arising out of Prindpal's wnduct as a
aurrenry axchangs. ,
3. If Ihe Princ'rya! Shall viotate Minnesota Statutes, Section 53A.02 to 53A.o8, or other le9al obtigations arising out of fts condnct
az a curtency exchange, fha Carmissioner of Commerce, as wetl as any pe+sen dama9ed es a�s� ot Sueh vioiation sha7t
have, in addtion to all other lega! remedies. a right of action on this bond in the name of tha injured party for lobs sustained by
the injured parry•
4. Ttiis 6ond shall be eHec6ve from Novemhe r 2 R, 2 � � � �UI Dacember 31, X9C?. 0 07.
Signed and Seated this �� ovember . X99X? 0 � �
Uniteci Fire & Casual+y Co.
(Name of Surety)
B' l J// LI•�i � ��/ 1i'7.Lr �t
Y (Si natwe af Att mey in Fact)
Nancv C. htoore
Unhank C LI�P �7SII
(Name of Currency Exchange)
By. � �(t � L'"
(Signature of President, Partner, or Sole Propnetoq
as to fartn and eXCCUtion by tpC Direcfor ef Lieensing.
SIGNATURE ' �i�
REV. 6195 (OVER)
� UNITED FIRE & CASUALTY COMPANY
^ HOME OFFiCE - CEDAR RAPIDS, fOWA <,
CERTIE(ED COPY OF-POWER OF ATTORNEY ,.
- . ��� (Ori9inal on file at Home Otfice �of� Company — See Certification)
-� �KNOW ALL MEN BY _THESE PRESENTS, That���the UNLTED� FIRE & CkSUALTY COMPANY,� a corRoration duly or9anized anC ezisting
"'under _the laws of the SUte of -1owa, and havm9 its PrinciRai office in, Cedar Rapids,'-State of lowa, does make cor1stitvte and
appoint ROSS B. tIESHITE .OR ROBERT •E. HUTTER� : OR..NANCY C. MOORE� OR --
3QAN.R.�V6LKERT,'ALL INDFViIIBALLY. -. '
of 9531 W 78TH ST �`25E3 EDEN PRAIRIE MN �5344 '% ' ' `
�- its artd lawful "qlta.rneY�s)-in—Fact;with�Fower;and aufhority �here6y conferred to si9n, and execute in �ts befiaif ai[ -�
_ :F lawfut bonds, undertakin9s and.other o6Ggatory fnstroments �of 'simi4ar nature as .� _$250 r QQ < �
���� and to 6ind UNITED FIRE & CA5UALTY CQMPANY therebY as fuifY and to the same extent as if such instruments�were'signed by
the duly,authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said AttorneY,_ Pursuant to the authority
. �' herebY given are hefebY rahfied �a�d confirmed. �JUNE� 15th .�. ' . 2001 �unless"sooner revoked. �- .
' The AuthoritY hereby granted shall exPire
� �� - This power of Qttomey,is�"made and executed pursuan[ ta,and bY auNoritY.of the following BY—Law dulY adoPted by [he -
-�� Board oF Osrectors of the CompanY �,on April 18, 7373. . � -
. " ' � . � -- . . "Artiele V — Surety Bonds and Undertakings." � �
Section 2. Appointment of Atro��eyio-FacL "�e Pres�tlen[ or any Vice 7�esident, or any ather oificer ot the Company, may, M1om time Fo time, appoint
by written certi6cates attorneys'�^'�act to act in be�alf af l�e Company in lhe exe<ut�on ot polieies at msurance, bonds, undertak�n9s a�E other
obligamry instruments oi Lke nature. TTe signalure o5 any oHi<er authorized �erehy, anQ t�e Carpora[e seal, may be affined by lacsimile �o any
powerot attorney or special power ol atlomey or certAication ot either authorizeE hereby, such 5ig�aWre and seal, when so used, being adoptetl by t�e
Company as Ne o�iginal signaNre ot such o�ficer and the origmal seal of Ihe Company. ro be valid anE bmtling upan t�e Campany with the same force
- and eifect as Ihoug� manually affixed. SucM1 atlorneys�imtact, subject ro the limitatwns set forth in Iheir respective certificates of autherity shall have
full power ro hintl tfie Company by tAev signamre antl exe<ution of any such instruments and to attach the sea� ot the Company therero. The President
� or any Yce President, th¢ Board of Direcrors or any other oihcer of tha Company may at any time sevoke all power aotl authority previously given to
any atromey-imfa<t.
IN WITIV�SS WHEREOf, the UNITED FIRE & CASUAL7Y COMPANY has caused these presents �
� ���, to he signed bY its assistant vice president and its corporate seal to be hereto affixed this
� .A.D. 1999
-- y '�.����i�"'+ I5th day of JUNE
'` LCttOt4TE � . -
� '�' � UNITED FIRE & CASUA TY COMPANY � '
� t!►L �� -
`o e ,•, � .
r eM4 „� _
4umn�` gy
ssistant Vice esident
State ot lowa, County oE Llnn, ss
On this 15th daY of JUNE 1999, before me Personally came JEFFREY A. CHAPZN
to me known, who being bY me dury swom. d�d depose and say: that he resides in Cedar Rapids, State of lowa: that he is an
Assisiant Vice President ot the UNITED FIRE & CASUALTY COMPANY, the co�poration described in and which executed the
aFiove instrument; that he knows the seal of said eorporation; that the seal affixed to the said instrument is such corporated
seal; that it was so affixed pursuant to authority grven by the Board of Directors of said corPoration and ihat he signed his
name thereto pursuant to like authority, and acknowiedges same ta be the act and deed of said co� ration. � N^ C �
v�p�t,,C ���- � rl
NotarY Pu�17c
SHERYLA. MCVAY 2000
_,�; MYCQMMISSIONE%PIRES My CofTImi55iOn eXp��85 �RCH 4 ,.�
M -'�" ° ' 20°° CERTIFICATION
- I, the undersi9ned `officer bf the FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregain9
coPY of the Power of AttorneY and affidavit, and the copY of the Section of the BY—Laws of said CompanY as set forth in said
Power of AttorneY, witfi the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are cnr�ect
- transcripts thereof, and of the whate af tE+e said originals, and that the said Power of AttorneY has not been revoked and is
now in full torce and effect -
` , rcnrn�� Vn SestimonY wheceof I have hereunto subscribed mY name d�f ixed the corpor e sea � f the said
� �� ����� ComPanY this � ��daY otylYllJ95�'U/ �� � � -
55 � COtt01lTE� � � �
E• �.
;� lllL F: -- .Secretary .
�
M�qt�\
�'v', �,• ~ �.
�T��r� ._
,:>y�..
� .,
r''�- �
'" :: T�11`'�
:�_
STATE OF MINNFSOTA
LIMTI�D LIABILIZYPARTNERSHIP
REGISTRATION
CHAPTER 323 R ���
pLEASE 7YPE OR PRINT IN BCACK INK
� ��-
Please read the instrucfions on the reverse side before compieting. Fee: $135.
1.Name of limited liablity partnership (hereafter refierted to as "pattnetship'� :
UnBaak Company, L.L.P.
2. Address of the partnership's principal place of business : -
_._�.�C}.b�.�ya�s--t��ae�aut�-s-Sui-te -5, Minnea-Fo1is MPI �•54-08---- -._...._ ___. �
CompleleStreetAddressnrRuralBa.uteandRuralRoute9nxNumber...:._ __Ciry__.__�� ......-.- - - .--- State ..____ZIPCode .
(P.O. Box is unaccepfable)
3. ff the address in item 2 is not in Mfnnesota, list the name and street address of a person or entity in Minnesota
authorized fo act as the partnership's agent for secvice of process:
Name of Registered Agent
' ' NiN
Camplete SVeet Address or Rural Route and Rural Route Box Number City State ZJP Code
_ (P.O. Box is unaccepfable) - .
4. List your SIC Code. _.�Q._. Select one of the 2iSigit SiC Codes listed on the reverse side of this form that most
accurate(y describes the nature of the 6usiness operated by this parFnership.
5. Does this partnership own, fease or have anv interesf in aaricultucailand-osJaad-sapabte-�€beirrcrfacrr�'u ���-
- �" —.- FTo -� .
- - ._ .... _ .... - -- - - --
6. The pactnership is app{ying to initially obtain or renew limited liabitity-partnership status.
7. The partnership acknowledges that I'united liability partnership status wiii explre one year from the date of filing uniess
the partnecship files a proper renewa! registraGon.
8. I certify that i am a parfrter authorized to sign ifiis document on behalf of this partnership and i further cer6fy that by
signing this document i am subject to the penal8es of pe�jury as set forth in Minnesota Sfatufes, section 609.48 as'rf i had
signed this document under oath. _
/
.•
1 �
Stilflit
of a
612-
05440544 9194
Print name and telephone number
iY� MWNESOTA
DEPA[iTMEhti OF STATE
, �.c FtLED
— dUN Ol 1999
���
S�a+t�'y at SMat. �
..,, � :' � OFFICE �E CITY ATTORNEY
Claylon M. son, Jc, CityAtlorney
CITY OF SAINT PAUL
Norm Co[emnn. Mnyor
January 3Q 2001
Mr. Gary A. Dachis
President
CtvilDivision
400 Ciry Xall
I S West Kellogg Btvd.
Saint Pau{ Minneso[¢ 5510?
NOTICE OF HEARING
Unbank Company, LLP
2917 Bryant Avenue South, Suite 5
Minneapolis, Minnesota 55408
Telephone: 651266-8710
Facsimi7e: biI298-56I9
RE: Currency Exchange License Application submitted by Unbank Company, LLP dlbla
Unbank Company, LLP for the premises located at 1614 White Bear Avenue in St. Paul
Dear Mr. Dachis:
Please take notice that a hearing will be held at the following time, date and place concerning the
currency exchange license application for the premises identified above:
Date: Monday, February 12, 2001
Time: 9:30 a.m.
Place: Room 41
St. Paul City Hall
15 W. Kellogg Blvd.
St. Paul, MN. 55102
The hearing will be presided over by an Administrative Law Judge from the State of Minnesota
Office of Administrative Hearings:
Name:
Telephone:
Richard C. Luis
Office of Administrative Hearings
100 Washington Square, Suite 1700
Minneapolis, MN. 55401
612-349-2542
�
Unbank Company, LLP dJbla Unbank
— Company, LLP City's Exh. # 2 —
~ . The Council of the City of �t Paul has the authority to provide for�rings concerning licensed
premises and for adverse action against such licenses, under Chapter 310, including sections 310.05
and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-
intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse
action may include revocation, suspension, fines and other penalties or conditions.
Evidence will be presented to the judge which may lead to adverse action against all the licenses you
hold at the above premises as follows:
Saint Paul Zoning Code §60.542 permits currency exchanges in
a B-2 district when the business is located at least one hundred
(100) feet from any residential lot in a residential district or at
least one hundred (100) feet from any residential lot occupied
with a one-,two-, three-, four-, townhouse, or multiple-family
dwelling, measured from the closest point of the building in
which the business is located to the closest residential property
line. The application for 1614 White Bear Avenue is for retail
space located in a strip mall across Gary Street from single family
homes. The proposed location is zoned B-2. The measurement
from the closest point of the building in which the business is
located to the closest residential property line was ouly 56 feet.
Accordingly, this business is not permitted at this location.
You have the right to be represented by an attorney before and during the hearing or you can
represent yourself. You may also have a person of your choice represent you, to the extent not
prohibited as unauthorized practice of law.
The hearing will be conducted in accordance with the requirements ofMinnesota Statutes sections
14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative
Code as may be applicable.
At the hearing, the Administrative Law Judge will have all parties identify themselves for the record.
The City will then present its witnesses and evidence, each of whom the licensee or attorney may
cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to
present, each of whom the City's attomey may cross-examine. The Administrative Law Judge may
in addition hear relevant and material testimony from persons not presented as witnesses by either
party who have a substantial interest in the outcome of the proceeding; for example, the owners or
occupants of property located in close proximity to the licensed premises may have substantial
interest in the outcome of the proceeding. Concluding arguments may be made by the parties.
Following the hearing, the Judge will prepaze Findings of Fact, Conclusions of Law, and a specific
recommendation for action to be taken by the City Council.
Notice of Hearing - Page 2
� +. You should bring to the he�g all documents, records and witnes� you will or may need to
support your position. Subpoenas may be available to compel the attendance of witnesses or the
production of documents in conformity with Minnesota Rules, part 1400.7000.
If you think that this matter can be resoived or settled wathout a formal hearing, please contact or
have your attomey contact the undersi�ned. If a stipulation or a�eement can be reached as to the
facts, that stipulation wili be presented to the Administrative Law Judge for incorporation into his
or her recommendation for Council action.
If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the
allegations against you which have been stated earlier in this notice may be taken as true. If non-
public data is received into evidence at the hearing, it may become public unless objection is made
and relief requested under Minnesota Statutes, Section 14.60, subdivision 2.
If you have any questions, you can call me at 266-8710.
Very truly yours,
� ���
�
Virginia D. Palmer
Assistant City Attomey
cc: Gary A. Dachis, President, Unbank Company, 19600 Cedarhurst St., Wayzata, MN
55391
Stuart Tapper, Vice President, Unbank Company, 2917 Bryant Ave. S., Suite 5,
Minneapolis, MN 55408
LaVonRegan, OfficeofAdministrativeHearings,100 Washington Square, Suite 1700, Mpls,
MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Roger Curtis, Director, LIEP
Christine Rozek, LIEP
Chuck Repke, Community Organizer, District 2 Community Counci1,1961 Shenvood Ave.
E., St. Paul, MN 55119
Notice of Hearing - Page 3
S � �
•
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
�
AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on January 31, 2001, she served the attached NOTICE OF HEARING
on the following named persons by placing a true and correct copy
thereof in an envelope addressed as follows:
Mr. Gary Dachis
President
Unbank Company, LLP
2917 Bryant Avenue South
Suite 5
Minneapolis, MN. 55408
Gary A. Dachis
President
Unbank Company
19600 Cedarhurst Street
Wayzata, MN. 55391
Stuart Tapper
Vice President
Unbank Company
2917 Bryant Avenue South
Suite 5
Minneapolis, MN. 55408
(which is the last known addresses of said persons) and depositing
the same, with postage prepaid, i�
Paul, Minnesota.
Subscribed and sworn to before me
this 31st S�a� of�nuar.�-„ 2001.
Notary Publi� ''
�
�
PETER P. PAidG90RN
�,pTpARY pUgt1C - MINNESOTA
MY CAMRAlSStQN
EXPlREH JAS�.39, 2�
____. _ ..____ : _ .. ____�_.. ___ . _ . ._ _ � � _-- � . _ .._ _ _ _ ____. __ _ __ _._ _, . _.,. . _ _, _� .� , . _.
Peter Pangbom - Gurrency Exchange License Application- 1614 White Bear Avenue Page 1°
From: Jeff Hawkins
To: Asuncion, Corinne; Rozek, Christine
Date: 1/24/01 3:30PM
Subject: Currency Exchange License Application- 1614 White Bear Avenue
Dear Christine:
I have researched and physically inspected the property at 1614 White Bear Avenue. The retail space in
question is located in a strip mall retail center. This retail center is located across Gary Street from single
family homes. Earlier today I took measurements from the retail center to the closest dwelling unit. The
separation was only 56 feet from the comer of the building to the fenceline of the residential property.
There is a required setback of 100 feet from the closest residential property per Zoning Code Section
60.532.
(4) Currency exchange business when located at least one hundred (100) feet from any residentiaV lot in a
residential district or at least one hundred (100) feet from any residential lot occupied with a one-, iwo-,
three-, four-, townhouse, or multiple-family dwelling, measured from the closest point of the building in
which the business is located to the closest residentiat property line.
Therefore I must deny zoning approval for the license application from Unbank Company LLP. Please
notify your office and any other interested agencies that this is not a permitted use for this location.
Thank you.
Jeff Hawkins
Zoning Specialist
��I� �
Unbank Company, LLP d/b/a Unbank
— Company, LLP City's Exh. # 3 —
.�. A - OFFIC THECITYATTORNEY
• Clay�orz �birzsort, Jc, Ciry' Anorney
CITY OF SAINT PAUL
Norm Caleman, Mayor
February 9, 2001
Civil Division
400 City Hal1
/i West Kellogg Bh�d.
Snint Pnul, hfinnesotn 55102
NOTICE OF RE-SCHEDULED HEARING
Mr. Dan Rosen
Rosen & Rosen
150 South 5` Street, Suite 3250
Minneapolis, Minnesota 55402
Telephone: 651266-8710
Facsimile: 6�! ?98-i6/9
RE: Cunency Exchange License Application submitted by Unbank Company, LLP d/b/a
Unbank Company, LLP for the premises located at 1614 White Bear Avenue in St. Paul
Dear Mr. Rosen:
As you requested, the administrative heazing previously scheduled for Monday, February 12, 2001,
has been re-scheduled to Friday, February 16, 2001. The hearing will begin at 9:30 a.m., in room
41 of the St. Paul City Hall. The State of Minnesota Office of Administrative Hearings as re-
assigned this matter to Judge Beveriy Jones Heydinger (612-341-7606).
If you have any questions, I can be reached at 651-266-8776.
Sincerel�
/ `�
Peter P.
Legal Assistant
LaVonRegan, Office ofAdministrative Hearings,100 Washington Square, Suite 1700, Mpls,
MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Roger Curtis, Director, LIEP
Christine Rozek, LIEP
Chuck Repke, Community Organizer, District 2 Community Council, 1961 Sherwood Ave.
E., St. Paul, MN 55119
�
Unbank Company, LLP d/bJa iJnbank
— Company, LLP City's Exh. # 4
STATE OF
COUNTY OF RAMSEY
�
)
) ss.
)
�
AFFIDAVIT OF SfiRVICE BY MAIL
30P.NNE G. CLEMEI3fiS, being first duly sworn, deposes and says
that on February 9, 2001, she served the attached NOTICE OF
RESCHEDULED HEARING on the following named person by placing a true
and correct copy thereof in an envelope addressed as follows:
Mr. Dan Rosen
Rosen & Rosen
150 South S Street, Suite 3250
Minneapolis, MN. 55402
(which is the last known address of said person) and depositing the
same, with postage prepaid, in the
Minnesota.
Subscribed and sworn to before me
this 9th da f F ua 2001.
� � �
ary
PETER P_ PANGBORN
I!IOTA PUBLIC - BAiNNESOTA
—FY COBAMlSSION
EXP9RES dAPl.39, 2005
- ,1„+�; . � '��_ OFFIC THE CITY ATTORNEY
• C[nyeors �inson, Jc, Ci[y� Alrorney
CITY OF SAINT PAUL
Norm Coleman, Mnyor
February 15, 2001
Mr. Dan Rosen
CivilDivision
400 Ciry Hall
!i Wut Kellogg Blvd.
SaintP¢ul, Minnesota 55/01
NOTICE OF RE-SCHEDULED HEARING
AND
NOTICE OF COUNCIL HEARING
Rosen & Rosen
150 South 5`� Street, Suite 3250
Minneapolis, Minnesota 55402
Telephone: 651 266-8710
Facsimile: 65! 298-�619
RE: Currency Exchange License Application submitted by Unbank Company, LLP d(bla
Unbank Company, LLP for the premises located at 1614 White Bear Avenue in St. Paul
Dear Mr. Rosen:
As we discussed, we have now re-scheduled the administrative hearing to Monday, February 26,
2001. The heazing will begin at 10:00 am., in the Ramsey County Commissioners Office, Room
220 City Hall, Conference Room C. The State of Minnesota Office of Administrative Hearings as
re-assigned this matter to Judge Richazd C. Luis (612-349-2542).
Additionally, given the time constraints for a response to the Minnesota Department of Commerce
on your clienYs application for a currency exchange license, and in anticipation oftimely receipt of
the Administrative Law Judge's report, we have also scheduled this matter for public hearing in front
of the Saint Paul City Council, City Council Chambers, Third Floor, Saint Paul City Hall, on
Wednesday, Mazch 7, 2001. Public hearings begin at 5:30 p.m..
If you have any questions, I can be reached at 651-266-8710.
Sincerely,
/ i�
`� U- � �w�.C�J '� Ck / - �c�
Virginia D. Palmer
Assistant City Attomey
�urre cy c �n � ��
Unbank Company, LL�nbank �
— Company, LLP City's Exh. # 5 —
r • •
a �
cc: LaVon Regan, Office of Administrative Hearings, 100 Washin� on Square, Suite 1700,
Mpls, MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Roger Curtis, Director, LIEP
Christine Rozek, LIEP
Chuck Repke, Community Organizer, District 2 Community Council,1961 Sherwood Ave.
E., St. Paul, MN 55119
r � � `
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CI�EMENTS, being first duly sworn, deposes and says
that on February 20, 2001, she served the attached NOTICE OF
RESCHEDULED HEARING AND NOTICE OF COUNCIL HEARING on the following
named person by placing a true and correct copy thereof in an
envelope addressed as follows:
Mr. Dan Rosen
Rosen & Rosen
150 South 5 Street, Suite 3250
Minneapolis, MN. 55402
(which is the last known address of sa
same, with postage prepaid, in the iy�ii
Minnesota. �
rson) and depositing the
tates mails at St.,,Pau�,
CLEMENTS
Subscribed and sworn to before me
this 20th �ap�of �e�,rua�, 2001.
v �s.
PETER P PAP1;80RN
� /'- �_ }� . n � , NOTARY PUBUC - R�!�d�dESOTA
Notary Public . .. �nviceo�r��ssiori
'�w.:... ' EXPiRE3 JAP�.37, 2W5
§ 310.04
LEGISLATIVE CODE
forth in section 310.05. If the director is
recommending issuance of the license, but
the affected neighborhood organization(s}
or other interested persons give notice
within thirty (30) days of receipt of notice
of the e�ustence of the application (or
within forty-five (45) days if the applica-
tion involves a liquor license) of objection
to issuance of the license, the matter shall
be referred for a hearing before the Iegis-
lative hearing officer, who shall give no-
tice of the time, place and date of the
hearing to the affected neighborhood or-
ganization(s) and the applicant. The leg-
islative hearing officer shall take testi-
mony from all interested persons and shall
make a recommendation to the council as
to whether the matter should be referred
for a hearing before an independent hear-
ing examiner in accordance cvith the pro-
cedures set forth in section 310.05. `Vhere
the application for the grant, issuance or
renewal of a Class N license meets all the
requirements of law, and where there
e�sts no ground for adverse action, the
director shall issue such license in accor-
dance with law.
(2) Renew¢l. The director shall in writing
notify the council, and the affected neigh-
borhood organization(s) established for cit-
izen participation purposes, at least sixty
(60) days before the expiration date of all
Class N licenses. A public hearing on the
renewal of any such license shall not be
held except on the request of a
councilmember, which request shall be
incorporated in the form of a council res-
olution. Upon the passage of such resolu-
tion, the director shall give ccritten notice
of such hearing to the affected neighbor-
hood organizations. Such public hearing
does not replace or amend any of the
procedures set forth in section 310.05 of
the Legislative Code. If no request for a
public hearing is made before the expira-
Cion of any such license, and �vhere there
e:cists no ground for adverse action, the
director shall issue the license in accor-
dance with lacc.
(e) Appeal; Ctass R or CI¢ss T ticenses. An
appeal to the city council may be taken by any
person aggrieved by the grant, issuance or re-
newal of a Class R or Class T license; provided,
however, that the appeal shall hace been filed
with the city clerk �vithin thirty (30) days after
the action by the director. The only grounds for
appeal shall be that there has been an error of law
in the grant, issuance or renewal of the license.
The appeal shall be in writing and shall set forth
in particulaz the alleged errors of law. The council
shall conduct a hearing on the appeal within
thirty (30) days of the date of filing and shall
notify the licensee and the appellant at least ten
(10) days prior to the hearing date. The proce-
dures set forth in section 310.05, insofaz as is
practicable, shall apply to this hearing. Following
the hearing, the council may affirm or remand the
matter to the inspector or director, or may reverse
or place conditions upon the license based on the
council's determination that the decision was based
on an error of law. The filing of an appeal shall not
stay the issuance of the license.
(fl No w¢iuer by renew¢I. The renewal of any
license, whether Class R, T or 1�, shall not be
deemed to be a waiver of any past ciolations or of
any grounds for imposition of adverse action
against such license.
(Code 1956, § 510.04; Ord. No.17455, § 1, 5-21-87;
Ord. No. 17551, § 1, 4-19-88; C.F. 1\0. 94-500, § 1,
7-6-94; C.F. No. 95-473, § 3, 5-31-95; C.E No.
95-1517, 1-31-96; C.F. No. 97-1446, § 1, 12-30-97;
C.F. No. 99-50Q § 2, 7-7-99)
Sec. 310.05. Hearing procedures.
(a) Adverse ¢ction; notice arzd hem•ing require-
ments. In any case �vhere the council may or
intends to consider any adcerse action, including
the revocation or suspension of a license, the
imposition of conditions upon a license, or the
denial of an application for the grant, issuance or
renewal of a license, or the disapproval of a
license issued by the State of 3linnesota, the
applicant or licensee shall be given notice and an
opportunity to be heard as providzd herein. The
council may consider such adverse actions when
recommended by the inspector, by tne director, by
Supp �o. 41 2034
LICEVSES
the director of any executive department estab-
lished pursuant to Chapter 9 of the Charter, by
the city attomey or on its own initiative.
(b) Notice. In each such case �vhere adverse
action is or will be considered by the council, the
applicant or licensee shall have been notified in
writing that adverse action may be taken against
the license or application, and that he or she is
entitled to a hearing before action is taken by the
counciI. The notice shall be served or mailed a
reasonable time before the hearing date, and
shall state the place, date and time of the hearing.
The notice shall state the issues involved or
grounds upon which the adverse action may be
sought or based. The council may request that
such written notice be prepared and served or
mailed by the inspector or by the city attorney.
(c) Hearing. �Vhere there is no dispute as to
the facts underlying the violation or as to the facts
establiskung mitigating or aggravating circum-
stances, the hearing shall be held before the
council. Otherwise the hearing shall be conducted
before a hearing examiner appointed by the coun-
cil or retained by contract with the city for that
purpose. The applicant or the licensee shall be
provided an opportunity to present evidence and
azgument as well as meet adverse testimony or
evidence by reasonable cross-examination and
rebuttal evidence. The hearing examiner may in
its discretion permit other interested persons the
opportunity to present testimony or evidence or
otherwise participate in such hearing.
(o-l) Procedure; hearing ex¢miner. The hear-
ing examiner sha11 hear all evidence as may be
presented on behalf of the city and the applicant
or licensee, and shall present to the council writ-
ten findings of fact and conclusions of law, to-
gether �vith a recommendation for adverse action.
The council shall consider the evidence con-
tained in the record, the hearing examiner's rec-
ommended findings of fact and conclusions, and
shall not consider any factual testimony not pre-
viously submitted to and considered by the hear-
ing examiner. After receipt of the hearing
examiner's findings, conclusions, and recommen-
dations, the council shall provide the applicant or
licensee an opportunitp to present oral or cr•ritten
arguments alleging error on the part of the exam-
§ 310.05
iner in the application of the law or interpretation
of the facts, and to present azgument related to
the recommended adverse action. Upon conclu-
sion of that hearing, and after considerina the
record, the esaminer's findinas and recommenda-
tions, together with such additional arguments
presented at the hearing, the council shall deter-
mine what, if any, adverse action shall be taken,
tivhich action shall be by resolution. The council
may accept, reject or modify the findings, conclu-
sions and recommendations of the hearing exam-
iner.
(c-2) Ex-parte contacts. If a license matter has
been scheduled for an adverse hearing, council
mem6ers shall not discuss the license matter with
each other or with any of the parties or interested
persons involved in the matter unless such dis-
cussion occurs on the record during the hearings
of the matter or during the council's final deliber-
ations of the matter. No interested person shall,
with knowledge that a license matter has been
scheduled for adverse hearing, convey or attempt
to convey, orally or in writing, any information,
azgument or opinion about the matter, or any
issue in the matter, to a council member or his or
her staff until the council has taken final action
on the matter; provided, however, that nothing
herein shall prevent an inquiry or communica-
tions regarding status, scheduling or procedures
concerning a license matter. An interested person,
for the purpose of this paragraph, shall mean and
include a person who is an officer or employee o£
the licensee which is the subject of the scheduled
adverse hearing, or a person who has a financial
interest in such licensee.
(d) Lzcensee or ¢pplicant m¢y be represented.
The licensee or applicant may represent himself
or choose to be represented by another.
(e) Record; e�idence. The hearing esaminer
shall receice and keep a record of such proceed-
ings, including testimony and exhibits, and shall
receive and gice weiaht to evidence, includino
heazsay evidence, which possesses probative value
commonly accepted by reasonable and pruder,t
persons in the conduct of their affairs.
(fj Council action, resolr�tion to contain ftrzd-
ings. Where the council takes adcerse acticn �rith
respect to a license, Iicensee or applicant for a
Supp. Vo. 41 2035
§ 310.05
LEGISLATIVE CODE
license, the resolution by which such action is
taken shall contain its findings and determina-
tion, including the imposition of conditions, if any.
The council may adopt all or part of the findings,
conclusions and recommendations of the hearing
esaminer, and incorporate the same in its resolu-
tion taking the adverse action.
(a) �dditzonal procedures eohere required. �Vhere
the procisions of any statute or ordinance require
additional notice or hearing procedures, such pro-
cision; shall be complied with and shall super-
sede inconsistent provisions of these chapters.
Thi; shall include, �vithout limitation by reason of
this specific reference, VIinnesota Statutes, Chap-
ter 36� and Minnesota Statutes, Section 340A.415.
(h) Discretion to hear notwithstanding witit-
draeual or surrender of ¢pplication or Zicense. The
council may, at its discretion, conduct a hearing or
direct that a hearing be held regarding revocation
or denial of a license, notwithstanding that the
applicant or licensee has attempted or purported
to withdraw or surrender said license or applica-
tion, if the attempted withdrawal or surrender
took place after the applicant or licensee had been
notified of the hearing and potential adverse
action.
(i) Continuances. Where a hearing for the pur-
pose of considering revocation or suspension of a
license or other disciplinary action involving a
license has been scheduled before the council, a
continuation of the hearing may be granted by the
council president or by the council at the request
of the licensee, license applicant, an interested
per;on or an attorney : epresenting the foregoing,
upon a showing of good cause by the party making
the request.
�j) If the council imposes an adverse action as
defined in section 310.01 above, a generic notice of
such action shall be prepared by the license
inspector and posted by the licensee so as to be
vi;ible to the public during the effective period of
the ad�-erse action. The licensee shall be respon-
sible for taking reasonable steps to make sure the
notice remainc posted on the front door of the
licen;ed premises, and failure to take such rea-
sonable precautions may be grounds for further
adcer;e action.
(k) Imposition of costs. The council may im-
pose upon any licensee or license applicant some
or all of the costs of a contested hearing before an
independent hearing esaminer. The costs of a
contested hearing include, but are not limited to,
the cost of the administratice la�v judge or inde-
pendent hearing examiner, stenographic and re-
cording costs, copying costs, city staff and attor-
ney time for which adequate records hace been
kepE, rental of rooms and equipment necessary for
the hearing, and the cost of expert ccitnesses. The
council may impose all or part of such costs in any
given case if (i) the position, claim or defense of
the licensee or applicant was frivolous, arbitrary
or capricious, made in bad faith, or made for the
purpose of delay or harassment; (ii) the nature of
the violation was serious, or involved ��iolence or
the threat of violence by the licensee or employees
thereof, or invoh�ed the sale of drugs by the
licensee or employees thereof, and/or the circum-
stances under which the violation occuned were
aggravated and serious; (iii) the violation created
a serious danger to the public health, safety or
welfare; (iv) the violation incolved unreasonable
risk of harm to vulnerable persons, or to persons
for whose safety the licensee or applicant is or
was responsible; (v) the applicant or licensee was
suBiciently in control of the situation and there-
fore could have reasonably avoided the violation,
such as but not limited to, the nonpayment of a
required fee or the failure to renew required
insurance policies; (ci) the ��olation is covered by
the matrix in section 40926 of the Legislative
Code; or (vii) the violation involved the sale of
cigarettes to a minor.
(1) Imposition of fines. The council may impose
a fine upon any licen;ee or license applicant as an
adverse license action. A fine may be in such
amount as the council deems reasonable and
appropriate, ha�Zng in mind the regulatory and
enforcement purposes embodied in the particular
licensing ordinance. A fine may be in addition to
or in lieu of other adver�= action in the sole
discretion of the council. To the extent anc other
provision of the Legislative Code pro��des for the
imposition o£ a fine, both prc�zsions sha11 be read
Supp. \o. 41 2036
LICENSES
together to the egtent possible; provided, how-
ever, that in the case of any conflict or inconsis-
tency, the other provision shall he controlling.
(Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88;
Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No. 17659,
§ 1, 6-13-59; Ord. No. 17911, § 1, 3-10-92; C.F. No.
94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-94;
C.F. No. 94-1340, § 2, 10-19-94; C.F. No. 95-473, §
4, 5-31-95)
Sec. 310.06. Revocation;suspension;adverse
actions; imposition of condi-
tions.
(a) Council may t¢ke adverse action. The coun-
cil is authorized to take adverse action, as defined
in section 310.01 above, against any or all licenses
or permits, licensee or applicant for a license, as
provided in and by these chapters. Adverse ac-
tions against entertainment licenses issued under
Chapter 411 of the Legislative Code may be
initiated for the reasons set forth in subsection (b)
below, or upon any lawfui grounds which are
communicated to the license holder in writing
prior to the hearing before the council. Such
actions shall be initiated and carried out in accor-
dance with the procedures outlined in section
310.05; provided, however, that the formal notice
of hearing shall be used to initiate the adverse
action without the use of prior procedural steps.
(b) Basis for action. Such adverse action may
be based on one (1) or more of the following
reasons, which aze in addition to any other reason
specifically provided by law or in these chapters:
(1) The license or permit was procured by
misrepresentation of material facts, fraud,
deceit or 6ad faith.
(2) The applicant or one acting in his or her
behalf made oral or written misstate-
ments or misrepresentations of material
facts in or accompanying the application.
(3) The license �vas issued in violation of any
of the provisions of the Zoning Code, or
the premises which are licensed or which
are to be licensed do not comply with
applicable health, housing, fire, zoning
and building codes and regulations.
§ 310.06
(4) The license or permit was issued in viola-
tion of la�v, without authority, or under a
material mistake of fact.
(a) The licensee or applicant has failed to
comply �-ith any condition set forth in the
license, or set forth in the resolution b ant-
ing or rene�vina the license.
(63 a. The licensee or applicant (or any
person whose conduct may by la�v be
imputed to the licensee or applicant)
has ciolated, or performed any act
which is a violation of, any of the
pro�zsions of these chapters or of any
statute, ordinance or regulation rea-
sonably related to the licensed activ-
ity, regardless of whether criminal
charges have or have not been
brought in connection therewith;
b. The licensee or applicant has heen
concicted of a crime that may dis-
qualify said applicant from holdina
the license in questian under the
standards and procedures in biinne-
sota Statutes Chapter 364; or
c. The licensee or applicant (or any
person whose conduct may by law be
imputed to the licensee or applicant)
has engaged in or permitted a pat-
tern or practice of conduct of failure
to comply with laws reasoaably re-
lated to the licensed activity or from
which an inference of lack of fitness
or good character may be drawn.
(7) The activities of the ticensee in the li-
censed acrivity created or have created a
serious danger to the public health, safety
or welfare, or the licensee performs or has
performcd his or her work or actio in
an unsafe manner.
(8) The licensed business, or the wayin which
such business is operated, maintains or
permits conditions that unreasonably an-
noy, injure or endanger the safety; health,
morals, comfort or repose of any consider-
able number of inembers of the public.
(91 Failure m keep side� or pede�trian
�vays rea;onably free of sno�v and ice as
required under Chapter 114 ofthe Saint
Paul Le�slatice Code.
Supp. No. 41 2037
§ 310.06
LEGISLATIVE CODE
(10) The licensee or applicant has shown by
past misconduct or unfair acts or deal-
ings: physical abuse, assaults or violent
actions done to others, including, but not
limited to, actions meeting the definition
of criminal sexual conduct pursuant to
�Iinnesota Statutes Sections 609.342
through 609.3451; seacual abuse, physical
abuse or maltreatment of a child as de-
fined in Minnesota Statutes Section
626.556, subdivisions 2 and 10e, includ-
ing, but not limited to, acts which consti-
tute a violation of �nnesota Statutes
Sections 609.02, subdivision 10; 609.321
through 609.3451; or 617246; neglect or
endangerment of a child as defined in
ti4innesota Statutes Section 626.557,sub-
division 2; the manufacture, distribution,
sale, gift, delivery, transportation, ex-
change or barter of a controlled substance
as defined in Minnesota Statutes Chapter
152; the possession of a controlled sub-
stance as defined in Minnesota Statutes
Chapter 152 in such quantities or under
circumstances giving rise to a reasonable
inference that the possession was for the
purpose of sale or distribution to others;
or by the abuse of alcohol or other drugs,
that such licensee or applicant is not a
person of the good moral character or
fitness required to engage in a licensed
activity, business or profession.
Ql) The licensee or applicant has materially
changed or permitted a material change
in the design, construction or configura-
tion of the licensed premises without the
prior approval of the city council in the
case of Class N licenses, the director in
the case of Class T licenses, and the
inspector in the case of Class R licenses,
or without first having obtained the proper
building permits from the city.
(12) The licensee or applicant has ciolated
section 294.01 of the Legislative Code, or
has made or attempted to make a prohib-
ited ex parte contact �vith a council mem-
ber as provided in section 310.05(o-2) of
the Legislatice Code.
The terms "licensee" or "applicant" for the pur-
pose of this section shall mean and include any
person who has any interest, whether as a holder
of more than five (5) percent of the stock of a
corporation, as a partner, or othenvise, in the
premises or in the business or actiti-ity which are
licensed or proposed to be licensed.
With respect to any license for acti�zties entitled
to the protection of the Firstrlmendment, notwith-
standing the foregoing procisions, neither the
lack of good moral character or fitness of the
licensee or applicant nor the content of the pro-
tected speech or matter shall be the basis for
adverse action against the license or application.
(c) Imposition of reasonable conditions and /or
restrictions. 4Vhen a reasona6le basis is found to
impose reasona6le conditions and/or restrictions
upon a license issued or held under these chap-
ters, any one (1) or more such reasonable condi-
tions andlor restrictions may be imposed upon
such license for the purpose of promating public
health, sa£ety and welfare, of advancina the pub-
lic peace and the elimination of conditions or
actions that constitute a nuiaance or a detriment
to the peaceful enjoyment of urban life, or promot-
ing security and safety in neazby neighborhoods.
Such reasonable conditions and/or restrictions
may include or pertain to, but aze not limited to:
(1) A limitation on the hours of operation of
the licensed business or establishmeut, or
on particular types of activities conducted
in or on said business or establishment;
(2) A limitation or restriction as to the loca-
tion within the licensed business or estab-
lishment where particular type of activi-
ties may be conducted;
(3) A limitation as to the means of ingress or
egress from the licensed establishment or
its parking lot or immediately adjacent
area;
(4) A requirement to p:ovide off-street park-
ing in excess of other requirements of law;
(,5) A limitation on the r.�anner and means of
advertising the operation or merchandise
of the licensed establishment;
(6) tlny other reasonable condicion or restric-
tion limitina the operation of the licensed
business or establishment to en;ure that
Supp. 'Vo. 41 2038
LICEFSES
the business or establishment will harmo-
nize with the chazacter of the azea in
which it is located, or to prevent the
development or continuation of a nui-
sance.
'I'he inspector may impose such conditions on
Class R licenses with the consent of the license
holder, or may recommend the imposition of such
conditions as an adverse action against the li-
cense or licenses; the inspector has the same
power with respect to Class T licenses. The coun-
cil may impose such conditions on Class N li-
censes with the consent of the license holder, or
upon any class of license as an adverse action
against the license or licenses following notice
and hearing as may be required. Such conditions
may be imposed on a license or licenses upon
issuance or renewal thereof, or upon and as part
of any adverse action against a license or licenses,
including suspension. Conditions imposed on a
license or licenses shall remain on such licenses
when renewed and shall continue thereafter until
removed by the council in the case of conditions
on Class N licenses or conditions imposed by
adverse action, and by the inspector in the case of
Class R and T licenses.
(d) St¢ndards for multiple license determirz¢-
tion. In any case in which the council is autho-
rized to take adverse action against less than all
of the licenses held by a licensee, or applied for by
an applicant, the following standards may be
used:
(1) The nature and gravity of the grounds
found by the council to exist upon which
the adverse action would be based;
(2) 'I'he policy andlor regulatory goals for the
particulaz licenses involced, either as em-
bodied in the Legislative Code or as found
and determined by the council;
(3) The interrelationship of the licenses and
their relative importance to the overall
business enterprise of the licensee or ap-
plicant;
(4) The management practices o£the licensee
or applicant with respect to each of such
licenses;
§ 310.07
(5) The extent to which adverse action against
less than all of the licenses or applications
woulc3 result in difficulty in enforcing and
monitoring the ad�erse action taken;
(6) The hardship to the licensee or applicant
that Fvould be caused by applying adverse
action to all licenses or applications; and
(7) The hardship and/or danaer to the public,
or to the public health and welfare, that
�vould result from adverse action against
less than all of the licenses or applica-
tions.
(Code 1956, § 510.06; Ord. i�o. 17584, § 1, 8-25-88;
Ord. No. 17657, § 15, 6-5-89; Ord. No. 17659, § 2,
6-13-89; Ord. �o. 17901, §§ 2, 3, 1-14-92; Ord. No.
17917, §§ 2, 3, 3-31-92; Ord. No. 17922, § 1,
4-28-92; C.F. i�o. 94-500, § 3, 7-6-94; C.F. No.
94-1340, § 3, 10-19-94; C.F. I�'o. 95-473, § 5;
5-31-95; C.F. l�o. 99-500, § 3, 7-7-99)
Sec. 310.07. Termination of licenses; surety
bonds; insurance contracts.
(a) Autom¢tic termination, reinst¢tement; re-
sporzsibility of Iicensee. All licenses or permits
which must, by the provisions of these chapters or
other ordinances or laws, be accompanied by the
filing and maintenance of insurance policies, de-
posits, guarantees, bonds or certifications shall
automatically terminate on cancellation or with-
drawal of said policies, deposits, bonds or certifi-
cations. No licensee may continue to operate or
perform the licensed activity after such termina-
tion. The licensee is liable and responsible for the
filing and maintenance of such policies, deposits,
guazantees, bonds or certifications as are re-
quired in these chapters, and shall not be entitled
to assert the acts or omissions of agents, brokers,
employees, attorneys or any other persons as a
defense or justincation for failure to comply with
such filing and �aintenance requirements. In the
event the licensze reinstates and files such poli-
cies, deposits, boads or certifications �i�ithin thirty
(30) days, the license is automatically reinstated
on the same terms and conditions, and for the
same period as oria nally issued. rlfcer thirty (307
day;, the applicant must reaoply for a renewal of
his license as though it were an oria nal applica-
tion.
Supp.No.41 2038.1
t
zo�L�G coDE § sosa2
taining to the proposed use, cvhich or structures, and the alteration, enlargement
specific plan has been approced bp and moving of existing buildings or structures
the city. &om other locations or districts shall conform to
b. Commercial uses shall be limited to the folloz��ing cpecified uses unless othenvi,e pro-
those otherwise permitted in the dis- �ded in this code:
trict which do not require a sepaza- (1) All principal uses as permitted and as
tion distance from residentially zoned regulated in a B-1 District.
or occupied property.
(2) Electric transformer stations and substa-
tions; gas regulator stations with service
yards, but without storage yards.
(3) Cellular telephone antennas located on a
freestanding pole, as regulated in the OS-1
district, section 60.514(6)a. through g.
(4) Accessory buildings, structures and uses
customarily incident to the above permit-
ted uses.
(Code 1956, § 60.484; Ord. No. 16956, 9-9-82; Ord.
No. 17039, 7-7-83; Ord. No. 17845, § 23, 6-27-91;
Ord. No. 17894, § 2, 12-3-91; C.F. No. 93-1718,
§§ 36, 37, 12-14-93; C.F. No. 93-1815, § 7, 12-28-
93; C.E No. 97-565, § 9, 6-11-97; C.E No. 99-750,
§ 3, 9-1-99; C.F. No. 00-972, 11-8-00)
Sec. 60.535. Area, bulk and setback require-
ments.
See Chapter 61, Schedule of Regulations, lim-
iting the height and bulk of buildings, the mini-
mum size of lot by permitted land use, and
providing minimum yard setback requirements.
(Code 1956, § 60.485; C.F. No. 00-972, 11-5-00)
Subdiuision 4. 60.540. B-2 Community
Business District
Sec. 60.541. Intent.
The B-2 Community Business District is in-
tended to serve the needs of a consumer popula-
tion larger than that served by the "Local Busi-
ness District;' and is generally characterized by a
cluster of establishments generating large vol-
umes of vehicular and pedestrian traffic.
(Code 1956, § 60.491; C.F: No. 00-972, 11-8-00)
Sec. 60.542. Principal uses permitted.
In a B-2 Community Business District the use
of land, the location and erection of new buildings
Supp. No. 46
553
(2) A11 retail business, service establish-
ments or processina uses as follows:
a. Any retail business �vhose principal
activity is the sale of inerchandise in
an enclosed buildina.
b. Any sercice establishment housina
an office, showroom or workshop of a
contractor (including, but not lim-
ited to, plumbing, heating, air condi-
tioning, electrical, mechanical), dec-
orator, dressmaker, baker, painter,
upholsterer, a radio, television or
home appliance repair business, or
similar service establishments.
c. Private clubs, fraternal organiza-
tions, liquor licensed establishments
and lodge halls.
d. Restaurants and fast-food restau-
rants when incorporated cvithin a
multi-use retail center and which do
not provide drive-through windotiv
service.
e. Theaters, assembly halls, auction
halls, bingo halls, concert halls, re-
ception halls or similar places of
assembly when conducted completely
within enclosed buildings.
£ Veterinary clinics without boarding
(eacept for medical procedures); tat-
too parlors.
g. Dlail order hou;es.
h. Healthlsport clubs, concersation/rap
pazlors, massage parlors and steam
room/bathhou=_e facilities which are
not adult uses.
i. Food catering establishments.
j. Brzw on premises stores as regu-
lated by Minnesota state la�as.
§ 60.542 LEGISLATIVE CODE
k. Coffee kiosks.
1. Fully enclosed auto sales when in-
corporated within a multi-use retail
center. �
(3) Recyclina drop-off station; provided, that
the facility:
a. Shall not occupy an area more than
two hundred (200) square feet and
shall not interfere �vith parking and
maneuvering requirements of the
principal use;
b. Shall be screened pursuant to sec-
tion 62.107 if it abuts a residential
use or district;
c. Shall be set back at least ten (10)
feet from any property line and shall
not obstruct pedestrian or vehicular
circulation; and
d. Shall be maintained free of litter
and other undesirable materials.
(4) Currency exchange business when lo-
cated at least one hundred (100) feet from
any residential lot in a residential district
or at least one hundred (100) feet from
any residential lot occupied with a one-,
twa, three-, four-, townhouse, or multiple-
family dwelling, measured from the clos-
est point of the building in which the
business is located to the closest residen-
tial property line.
(5) Other uses similar to the above uses.
(6) Accessory building, structures and uses
as defined in section 60201.
(Code 1956, § 60.492; Ord. No. 16956, 9-9-82; Ord.
No. 17204, 1-15-85; Ord. No. 17524, § 12, 1-6-88;
Ord. No. 17564, § 7, 5-19-88; Ord. No. 17611, §§ 1,
2, 11-3-88; Ord. No. 17646, § 6, 4-6-89; Ord. No.
17689, § 4, 10-26-89; Ord. No. 17777, 10-11-90;
C.F. No. 93-1718, § 38, 12-14-93; C.F. No. 94-1863,
§ 2, 1-18-90; C.F. No. 96-77, § 2, 2-14-96; C.F. No.
96-1342, § 2, 11-13-96; C.F. No. 97-1089, §§ 2, 3,
10-1-97; C.F. No. 00-972, 11-8-00)
Sec. 6�.543. Required conditions.
The following conditions shall be required of all
uses in the B-2 Community Business District:
(1) All business establishments shall be re-
tail or service establishments dealing di-
rectly with consumers. All goods provided
on the premises shall be sold at retail on
the premises �chere produced.
All business, storage, servicing or process-
ing shall be conducted �vithin completely
enclosed buildings. Provided, howecer, that
the following uses may be conducted out-
doors if specifically allowed as a permit-
ted use or specialcondition use: Off-street
parking,off-streetloading oroutdoorbusi-
nesses and outdoor businesses with out-
door storage.
(Code 1956, § 60.493; C.E No. 92-1479, § 5,
12-15-92; C.F. No. 00-972, 11-8-00)
Sec. 60.544. Principal uses permitted sub-
ject to special conditions.
The following additional uses shall be permit-
ted, subject to the standazds specified for all
special condition uses as set forth in section
64.300(d). All principal uses permitted subject to
special conditions shall be reciewed and approved
by the planning commission.
(1) All uses as permitted and regulated in the
B-1 Local Business District under princi-
pal uses permitted subject to special con-
ditions.
(2) Open air uses which are accessory to a
principal use permitted in the district and
located on a zoning lot at least twenty
thousand (20,000) square feet in azea as
follows:
a. Retail sales of plants not grown on
the site, lawn furniture, playground
equipment, and garden supplies; pro-
vided, further, that such use shall be
located at the end or reaz of the
building.
(3) Bowling alley, billiazd hall, indoor az-
chery range, indoor tennis courts, racquet
ball and hand ball courts, dance hall,
electronic game room, indoor skating rink,
or similar forms of indoor commercial
recreation when located at least one hun-
dred (100) feet from any front, reaz or side
yard of any residential lot in an adjacent
residential district measured from the clos-
Supp.No.46 554
LICENSES
skin injury and allergic reactions. Re-
peated exposure may cause premature
aging of the skin and skin cancer.
"4Vear protective eyewear.
"FAILURE TO USE PROTECTIVE
EYEWEAR MAY TZESULT IN SEVERE
BURNS OR LONG-TERM INJURy TO
THE EYES.
"Medications or cosmetics may increase
your sensitivity to the ultraviolet radia-
tion. Consult a physician before using
sunlamp or tanning equipment if you are
using medications or have a history oF
skin problems or believe yourself to be
especially sensitive to sunlight."
(C.F. No. 93-1733, § 6, 12-9-93)
Sec. 380.07. RuIes and regulations.
Ru1es and regulations. The director of environ-
mental protection may upon notice and hearing
promulgate such rules as he or she deems neces-
sary to carry out the provisions and purposes of
this chapter, to protect the public health, to pro-
vide for safe and sanitary operation of tanning
facilities, to provide for the safety of tanning
equipment, and for the proper training of persons
employed in the operation of tanning facilities.
Notice of the promulgation of such rules and the
hearing date shall be given to all licensees, and
notice of the hearing date published once in the
legal newspaper. The notice shall advise that at
the hearing written or oral comments on proposed
rules will 6e received, and how a copy of the
proposed rules can be obtained.
(C.F. No. 93-1733, § 7, 12-9-93)
Chapter 381. Currency Exchanges
Sec. 381.01. State license required; defini-
tion.
No person shall engane in the business of a
currency exchange in Saint Paul without a license
as provided by Nlinnesota Statutes Chapter 53A.
(C.F. No. 94-46, § 2, 2-2-94)
§ 381.02
Sec. 381.02. Procedures; hearing; fee.
(a) Procedures. Upon receipt of a completed
application from the coinmissioner of commerce
for a new license, the matter shall be referred to
the Office of License, Inspections and Environ-
mental Protection for investigation of the appli-
cation. Published notice shall be given of the
receipt of the application, and notice shall also be
given to the affected neighborhood groups, giving
them fifteen (15) days to respond with any objec-
tions to issuance of the license. If no objections are
received to the issuance of the license, LIEP shall
recommend issuance of the license to the commis-
sioner of commerce. In the event objections are
raised to the issuance of the license, the applicant
is entitled to a hearing as set forth below.
(b) Hearing. The hearing shall be held hefore
an independent hearing examiner in conformity
with the provisions of section; 310.05 and 310.06
of the Legislatice Code, and the rules of the office
of administrative hearings, to the extent such
rules are not 3n conflict with sections 310.05 and
310.06.
(c) Renewal applications. The director of LIEP
shall in �vritine notify the council, and the af-
fected neighborhood organization(s) established
for citizen participation purposes, �vithin five (5)
days of receipt of a renewal application, and shall
publish notice oFintention to consider the possible
renewal applicarion. If an application for renewal
of a currency exchange license is received and no
grounds for objection have been raised within
fifteen (15) days ofsuch notice, LIEP shall recom-
mend issuance of the license to the commissioner
of commerce. If objections hace been raised to the
issuance of a renewal license, the matter shall be
scheduled for a hearing before an administratice
law judge, and the hearing requirements of Saint
Paul Legislatice Code section 310.0� shail apply
(d) Fee; costs. The applicant shall pay, «-ithin
fifteen (15) dacs following receipt of the applica-
tion by the cit}', a fee coverin� the costs of admin-
istering and processing the application in an
amount to be established in conformity with the
procedures in �ection 310.09�b) of the I.ea slatice
Code. The applicant shall also reimburse the city,
w�ithin fifteen (15) days following action by the
city council on the application, for its costs in
Supp.No.41 2155
§ 381.02
LEGISLATIVE CODE
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; C.F. No. 99-232, § 1,
4-14-99)
Sec. 381.03. Grounds for disapproval, etc.
(a) Disapproual. 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 conclu-
sions of lacv of the independent hearing examiner
and may amend the sazne to conform to its deci-
sion on the record and the testimony. Notice of the
disapproval may be communicated to the commis-
sioner of commerce before the effective date of any
such resolution where necessary to avoid a pre-
sumption of concurrence.
(b) Grounds for dis¢pprov¢l. 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 Chap-
ter 53A.
(2) Any one (1) or more of the reasons, condi-
tions, or standards for adverse action un-
der 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 ex-
change as proposed would cause sig-
ni£cant adverse consequences or im-
pacts upon the neighborhoods within
three hundred (300) feet of the ex-
change. Such anticipated effect must
be shown by clear and convincing evi-
dence.
(ii) The existing cusency exchange has
caused significant adverse conse-
quences or impacts upon the neigh-
borhoods �vithin three hundred (300)
feet of the exchange.
l37 Failure of the applicant to agree to rea-
sonable conditions upon the operation of
the business in accordance with the pro-
cedures in section 310.05 and the grounds
af 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 la�c, and annual audits at the
licensee's expense.
(6) The applicant is not of good moral chaz-
acter 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
interestin 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 ¢nd corpor¢tions. 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 thete is a basis for denial as to any (i)
shazehalder 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 man-
agement 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 follo�ving meaning when used in this chapter
and in Chapter 310 of the Legislati� Code.
(a) Applicant. The term "applicant" includes
persons, partnerships, firms and corporations and
all other forms of business centures. It also in-
cludes employees who exerci,e management or
policy control over the enterprise, general and
limited partners, shareholders of more than five
Supp,\o.41 2156
LSCEVSES
(5) percent of the outstanding or issued shazes of
a corporation, and corporate managers, officers
and directors.
(b) Application. The term "application" in-
cludes applications for both new and renewal
licenses.
(c) License. The term "license" refers to the
state currency exchange license provided for in
Minnesota Statutes Section 53A.02.
(d) Currency exch¢nge. The term "currency ex-
change" 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
eschange 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, which-
ever is greater.
(C.E No. 94-46, § 5, 2-2-94)
Chapter 382. Pet Grooming Facilities
Sec. 382.01. License required.
No person shall engage in the business of
operating a dog and cat grooming facility without
a license. Each such facility shall be separately
licensed.
(C.E No. 94-202, § 1, 3-23-94; C.E No. 99-521, § 1,
7-7-99)
Sec. 382.02. Definitions.
(a) C¢t means and includes any male or female
domesticated feline animal.
(b) Dog means and includes any male or fe-
male animal of the dog kind.
(c) Pet grooming means the act of grooming a
pet. For purposes of this chapter, grooming shall
include, but not be limited to, the bathing, fur
clipping or manicuring of any dog or cat.
§ 382.05
(d) Pet grooming facility means any facility
engaged in the practice of pet grooming that is not
a"pet shop," as defined in section 347.02 of the
Legislative Code.
(C.E No. 94-202, § 2, 3-23-94; C.E No. 99-521, § 2,
7-7-99)
Sec. 382.03. Fee.
The fee required for a license shall be estah-
lished by ordinance as specified in section 310.09(b)
of the Legislative Code. The licensee shall display
the license in a prominent place on the premises
at all times. The license shall 6e renewed annu-
ally on the annicersary date of such approval.
(QE No. 94-202, § 3, 3-23-94)
Sec. 382.04. Application.
Applic¢tion. Every applicant for a dog and cat
grooming license shall file an application with the
Office of License, Inspections and Environmental
Protection (LIEP). The application shall be on a
form prescribed by LIEP containing such informa-
tion as the director of such o�ce may require
including, but not limited to, the applicant's name,
address and telephone number, the name, ad-
dress and telephone number of the dog grooming
and cat grooming facility.
(C.F. No. 94-202, § 4, 3-23-94)
Sec. 382.05. Rules.
The director of environmental protection may
upon notice and hearing promulgate such rules as
he or she deems necessary to carry out the provi-
sions and purposes of this chapter, to protect the
public health and to provide for the proper care of
animals and to provide for cleanliness and proper
sanitation of such facilities. Notice of the promul-
gation of such rules and the hearing date shall be
given to ali licensees, and notice of the hearing
date shall be published once in the legal ne�vspa-
per. The notice shall advise that at the hearing
written or oral comments on the proposed rules
will be receiced, and ho�i a copy of the proposed
rules can be obtained. Such rules shall be effec-
tive after such heazing �vhen filed in the office of
Supp. I`o. 41 2157
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§ 53.09 L'�'DUS272L�I. LO.SN A.\'A TfIRIFT CO�A.i'IEg
1, and section 46.0.5, subdiro-ision 1, to facilitate the qualifications of the company to partieipyta
in the United States Small Business Administration loan guarantee or similar programs,
Each licensee shall pay to the commissioner the amount required under section 46.13I, and
the commissioner may maintain an aetion for the reco�•ery of the costs in a eourt of competent
jurisdietion.
Subd. 3. Penalties. The penalties for violation of this chapter, or for any a�rongdoing in
eonnection there«if.h, shall be f.he same as those applied to state banks under the laws of thi;
state. In addition to being subject f.o the penaIties in section 48.28, a eompany in violation of
seetion 53.05, clause (2), may cure this ��olation in the manner provided in section 4823.
Subd. 4. Interpretire opinions. The commissioner may honor requests from interested
parties for interpretive opinions in eonneetion with the administration of this chapter. n�o
provision of this chapter or of any other chapter to which this chapter refers whieh imposes
any penalty shall appIy to any act done or not done in confornrity with any �,Titten
interpretive opinion of the commissioner, notuzthstanding that such a�ritten interprefice
opinion may, after such act or omission, be amended or rescinded or be deternuned by judieial
or other authority to be invalid for any reason.
Amended by Laws I989, c. 166, § 24; LaaS 1992, e. 557, art- I, § 21; Laws 1993, c. 257, § 35, eff. May
Z0, 1993; Laws 5995, e. 202, art. I, §§ i& to I8, efE May 20, 1995; Laas 1996, c. 414, aR. 1, § 25, efi.
Apri13, 1996; Laws 1997, e. 151, § 46, efL May 17, 1997.
Historical and Statuforv Notes
1989 Legislation
The 1989 amendment pro�ided that in adffiGon
to being subjeet to penalties in § 4828, a company
��olating § 53.05, cl (2) may cure the violation as
provided in § 4828.
1992 Legislafion
The 1992 amendmenF in subd. 2, cl. (1), deleted
a requirement that the report be published once,
at the espense of the industrial loan and thrift
company, in a neu4paper of the county of its
loeation, aith proof 61ed csith the eortunissioner of
eommerce.
1993 Legislation
The 1993 amendment added subd. 4, relating to
interpretire opinions.
1995 Legislation
The 199a amendment, in subd. 1, provided that
the examinations u•ere to be eonducted foY the
ptirposes set forth in § 46.04, subd. 1, and Speeified
that this subdi�ision applied to industrial loan and
thrift crompanies `�ith the right to issue thrifr
certificates for incestment"; in subd. 2, cl. (U,
ehanged ihe reporting date from "before the fust
day of Febraary�' to "before the first day oi
Much"; and added subd. 2a, allok�ing the cor.imi-
sioner to investigate whether the licensee is cor.i-
p7ying uith this chapter,
1996 Legislation
The 1996 amendment, in subd. 2, cl. (2), deleted
a proi�sion requiring eaeh industrial loan and thrift
company to make the publication required of stace
banks pursuant to § 45.48.
1997 Legislation
Laws 1997, c. 167, § 46, in subd. �a, authorizeo
the wmmissioner, uyon w'ritten agreement «it1
the company, to conduct eaaminations applying tce
procedures for purposes of subd. 1, and § 46.0-1,
subd. 1, to faeilitate the qualiSeations of the com-
pany to participate in the U.5. Small $usines�
Administration loan guarantee or similaz p:o-
grams.
Chapter 53.�
CURRENCY EXCfL�\GES
Secfion Section
53A01. Definitions. a?AO&. Bond. �
53A02. License. S3AOS1. Annual repor[ and im
a3A63. Appliea5on for Gcense; fees. 53A69. Pov: ers; limitafions, pro}ubitions.
53A.61. dpprocal or denial of an applieafion, a3d.10. �olafions.
53A.05. Change of name, ownership, or location. 53A31. Booics of account; annuai report.
53A06. Fine, suspension, or recoeation of G- "a39.12. Hules.
cense. 53A13. Fee notice; false adcertising; penai[p.
"a3A07. Filing of fees; unreasonable fees. 53A14. Repealed.
330
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CUKRENCY EXCFL4:�GES
SV�ESTI..9w Elecfronic Research
See tiVESTLA4V E2ectronic Researeh Guide fol-
lowing the Preface.
534.01. D�nitions
§ 53A.03
Subdirision 2. Cunency eschange. "Currency eaehange" means any person, except a
bank, trust company, savings bank, savings association, cred'at union, or industrial loan and
thrift company, engaged in the business of cashing eheeks, drafts, money orders, or traveiers'
checks for a fee. "Currency e.echange" does not inelude a person who provides these services
incidental to the person's primary business if the charge for cashing a check or draft does not
esceed $I or one percent of the value of the check or draft, whichever is greater.
Su6d. 2. Commissioner. "Commissioner" means the commissioner of commerce.
Laws 1989, c. 247, § 1. Amended by Laws 199n, c. 202, art 1, § 25, efP. May 25, 1995.
Historical and Statatory Notes
1989 Legisiation
Laws 1989, c. 247, § 16, provides that this sec-
tion u e@'ective August 1, I9S9. Existing currency
exchanges must submit applications in rompliance
rvizh this chapter by Oetober 1, 1959. No currency
exehange sha(1 operate without a license after De-
cember 31, 1959.
1995 Legislation
Laws 1995, c. 202, art. 1, § 2�, instructed the
revisor of statutes to ehange '�uilding and loan
association" or "sa�ings, building and toan assoeia-
tion' or "savings and toan assoeiation" or similar
term to °savings assoeiation" or similar term in
MinnesoW Statutes and Minnesota Rules.
53A.02. Licen,e
Sabdivision i. Requirement. A person may not engage in the business of a currency
exchange without first obtaining a license from the crommissioner. Nat more than one place
of business may be operafed under the same license, but the commissioner may issue more
than one license to the same licensee upon cromptiance by the applieant with all the provisions
of this chapter for each new license issued.
Subd.'L. Distance limitation. No license may be issued or renewed under this chapter if
the place of business to be operated under the license is located or proposed to be located
�vithin one-half mIle of another licensed currency exchange. Tke distance limitation impased
by this subdivision is measured by a straight line from the ciosest points of the closest
structures involved.
Subd 3. Prohibition. A licensee may not contraet with another person or basiness
entity to manage the currency e�cchange business. TMs subdivision does not prohibit the
licensee from employing persons to operate a currency exchange facility.
Laws 1989, e. 247, § 2, Amended by Laws 1992, c. 504, § 2.
Historical and Statufory Notes
2958 Legislafion
Laws 19&9, c. 217, § 16, provides that ttds sec-
tion is effective August 1, 1989. Esisting currency
exchanges mast submit applieations in compliance
ntith this chapter by October 1, 1989. No currency
eschange shall operate xithout a license afrzr De-
cember ^ol, 1959.
1992 Legislation
The 1992 amendment rewrote this section, which
had read:
"A person may not engage in the business of a
currency exehange without first obtaining a license
from the eommissioner. A person may operate
currency exchanges at more than one location with
one license.°
Laws 1992, c. 504, § 9, pro�ides in part that § 2
is effective Aprii 21, 1992, thaE § 2, subds. 2 and 3,
apply to licenses issued for nem plares of business
that begin operating on or afrzr the effeetive date,
and that § 2, subd. 1, applies to Hcenses issued or
renewed on or after that date.
53A.03. Applicateon for license; fees
(a) An applicaGon for a license must be in writing, under oath, and in the form prescribed
and fizrnished by the commissioner and must contain the foIIowing:
331
a.h'
�,� - _
§ 53A.03 CURRE\CY EYCEL4NGES
�.'� � (1) the full name and address (both of residence and place of business) of the applicant, and
if the applicznt is a partnership or assoeiation, of e� member, and the name and business
address if the applicant is a corporation;
' (2) the county and municipality, alth street and number, if any, of all currencq exehange
�. loeations operated by the applieant; and
{3) the applicant's occupation or profession, for the ten years immediately preceding the
'�-- application; present or pre��ious eonnecflon �ith any other currency e�change in this or any
other state; �rhether the applicant has ever been eom of any crime; and the nature of
��.' the applicant's oecupancy of the premises to be licensed; and if the applieant is a partnership
or a corporation, the informaflon specifie@ in this pazagraph must be supplied for each
- partner and each officer and director of the eorporation. If the applicant is a partnership or a
°�� � nonpubliciy held corporation, the information spee�ed in this paragraph must be required of
�.°?" each partner and each o�cer, director, and stockholders on in excess of ten percent of
the eorporate stoek of fhe corporation.
-� (b) The application shall be aeeompanied by a nonrefundable fee of $1,004 for the re��e�v of
the initial application. Upon approval by the commissioner, an additional lieense fee of $000
must be paid by the applicant as an annual &cense fee for the remainder of the calendar year.
� An annual license fee of $500 is due for each subsequenf. catendar year of operation upon
- submission of a license renewal application on or before September 1. Fees must be
deposited in the state treasury and credited to the general fund. Upon payment of the
. required annual license fee, fhe commissioner shall issue a license for the year beginning
Jan¢ary 1.
(c) The commissioner shall require the applieant to submit to a baekground invesYigation
conducted by the bureau of criminal apprehension as a condition of licensure. As part of the
background investigation, the bureau of criminai apprehension shali conduet cruninat histaiy
checks of Minnesotz reeords and is authorized to e�change fingerprints «�th the Federal
Bureau of Investigation for the purpose of a criminal baekground check of the national files,
The cost of the invesfagation must be paid by the applicant.
(d) Far purposes of this seetion, "applicant" ineludes an empIoyee who exercises manage-
ment or polley control over the company, a director, an offcer, a timited or general partner, a
manager, or a shareholder holding more than ten percent of the ovtstanding stock of the
wrporation.
Larvs 2939, e 247, § 3. Amended by La�i 1�J92, c. 604, § 3; Laws 1993, e. 3"s1, § 1; La�s 1999, c. 223,
art. 2, § 2.
: �.
Historical and Stafutory Notes
1989 Legislation
Lax•s 1989, e. 24?, § 16, pro�ides that this sec-
tion is effeeuce August 1, l939. Eaisting currency
eschanges r.mst submit app[icafions in compliance
nith t}us chapter by October 1, 1959. No curreney
e�ehange shai] operate �tithout a license after De-
cember 31,19S9.
1992 Legislation
The 1992 amendment added pars. (c) and (d),
requiring a bacl�s,mound incestigation of applicants
and defining "applicanti', res[�ecfiaely.
� 53.�
i C
�
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� ch�
th�
ch�
th�
Lans 1992, e 543, § 9, prolides in part that ¢ 3
is effecti��e April 24, 1992, and app7ies to licenses ' =
issued or reneti�'ed on or after that date, ad
re—
1893 Legislation th�
The 1993 amendment ehanged the date from '
Dec. 1 to Sept. 1 m the thud sentence of pu. (b). : L
539.04. 3pprocal or deniai of an application
(a) R%ithin 30 days after the receipt of a complete application, the eommissioner shall deny
the applica5on or submit the applieation to the gocerning body of f,he local unit of go�•ernment
in vrhich the applieant is loeated or is piroposing to be located. The commissioner may not
approce the application wzthout the concurrence of the go}�erning body. The go4erning body
shall give published notiee of its infenfion to consider Che issue and sha21 solicit testirnony
from interested pei�sons, ineluding those in the eommunity in ���hich the applicant is located or
is proposing to be located. If the gocerning body has not xpproved or disapproced the issue
332
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�S _ i
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YGES
nt, and
zsiness
change
ing the
or any
�ture of
aersYrip
n each
hip or a
iired of
rcent af
:view oF
of $a00
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m upon
uust be
t of the
�e nning
;tigation
rt of the
t history
Federal
na1 files.
manage-
aitner, a
k of the
99, c. 223,
t that § 3
co licenses
date from
of par. @)-
CUAItENCY EXCI��IGES § 53A.05
within 60 days of receipt of the appiicaflon, concurrence is presumyd. The conunissioner
must approve or disapprove the application within 30 days from receitiing the decision of the
governing body. 1`he gocerning bodv shall hace the soIe resnonsibility for its decision. The
state shall have no responsibility for that decision.
(b) If the app&cation is denied, the commSssioner shal! send by mail nodce of f.he denzal and
the reason for the deniai to the applicant at the a@dress contained in the application. If an
application is denied, the appticant may, within 30 days of recei�ing the notice of a denial,
request a contested case hearing pursuant to chapter 14; pro�9ded that if thy deniai is based
upon the refusal of the governing body ta concur the gocerning body must afford the
applieant a hearing, The applicant shaR have no right to the hearing provided for in this
section if the deniat is based upon the governing body's refusal to concur but shall have a
hearing before the governing body.
(c) This section applies to initial applications and renewal applications.
(d) The state shalI have no responsibility for the action of the gocerning body.
Iarvs 2989, c. 247, § 4. elmended by Laws 1992, c. 5W, § 4.
$is!orical and Sfatutory Notes
1939 Legistafion
Lans 1959, c. 2d7, § 16, prmtides that this sec-
tion is effective Augvst 1, 1938. Existing cumency
exchanges must submit applications in complianee
nith this ehapter by October 1, 1939. No eurrency
eschange shall operate aithout a license after De-
cember 31, 1989.
1992 Legislafion
The 199E a�nendment reazote thic section, wfiich
hact read:
"The commis,ioner shall approve or deny an
zpplication �vithin 30 days from the completed
filing of it. If khe applieation is denied, the com-
missioner shall send by� mail noflce of the denia!
and the rea�on for the deniai to the applicant at
che address contained in the application. If an
apptication is denfed, the appticant may-, within 30
days of recei�ing the nutice of a denial, request a
conEested ense hearing pursuant to chapter 14:'
La�es 199?, c. i94. §�J, Provide; in part that $ 4
is effective Apiil 2{, 19�J2, a�d applies to ]icenses
issued or rene}red on or after that dxte.
539.05. Change of name, ownership, or location
; Subdivision 1. Name or tocation. If a licensee pi•oposes to change the name or location
', of any or all of its cun•eney exchanges, the Gcensee shall fde an application for approcal of the
i change with the commissioner. The commissioner shall not approce a ehange of location if
� ' the reqirirements of sections a3A.02, subdivision 2, and 53A04 have not been satisfied. If the
change is approved by the commissioner, the commissioner shall issue an amended license in
� the licensee's new name or location. A$100 fee must be paid for the amended license.
� Subd. 2. Ownership. The licensee sha11 notify the commissioner 30 business days in
: adcanee of any change in ownership of the cmmency exchange. The commissioner may
! revoke the currency exchange license if the new ownership wouid have resulted in a deniai of
the iniEial license under the provisions of chapter 53A.
Laws 1g89, c. 247, § 5, Amended by� Larus 1992, e. 54f, § 5; Laws 1999, c. 223, azG 2, § 3.
Historical and Statutory Notes
7939 Legislafion
Laws 1939, c. 217, § 16, provides that this sea
6on is effective Avgust 1, 1989. Existing currency
>h2Il deny e�changes must submit app&ca5oas in comp$ance
>verttment n��' this chapter by Oetober 1, 1989. No curreney
exchange sha71 operate «ithout a Geense afrer De-
r may not cember 31, 1989.
-ning body
testimon}' �99? Legislation
located or The 1992 amendment rewrote this section, u
1 the issue Ead read:
"If a Gcense proposes to change che name or
localion of any or all of its currer.rs eschanges, or
zdds a neu currency esehange locacion, the Gcen-
see shall £ile an application for approc of the
change with the commi;sioner. ti the change i�
approved by the commissianer, fr,e com:nusioner
shait issue an amended license in the licensee's
new name or location. A$"a6 fee must be paid for
the amended license."
Laus 1992, c. 5W, § 5, pmcides in part that § 6
is effeetice April ?z, 1992 and applies to licenses
iscued or renen�ed on or after that date.
333
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§ 53A.06 CURRENCY EXCIiANGES
- 53P..06. Fine, suspension, or recocation of license
(a) The croimnissioner may suspend or reroke any license under seetiun 4a.027 if the
commissioner finds that:
(1) the Ifeensee has failed f,o pay the annuai license fee or to maintain in effect the req�d2ed
bond or to comply with any order, decuion, or finding of the commissioner under Laas 1989,
chapter 247;
(2) the licensee, or any officer or director of a corporate licensee, has �'iolated any provision
of Laws 1989, chapter ?A7, or any nile or order of the eommissioner under this chapter or
chapter 45;
(3) the &censee, or any offieer or director of a corporate licensee, has violated any otLer ]aw
which would indieate that the person is untrustworthy or not qualified to operafe a ciurency
�ehange; or
(4) any fact or condition e�sts which, if it had ebsted at the time of the original or renewal
application for the license, wovld have �van•anted the commissioner refusing the issuance of
the ticense.
(6) A license may not be revoked vntil the lieensee has had notice of a hearing pursuant to
the provisions of chapter 14.
(c} A licensee may surrender any license by delivery to the commissioner. The surrender
does not affect the licensee's civil or crirninal liability for acts committed before the surrender,
or a�'ect the liability on the band required by sections 53A01 to 53A23, or entiUe f.he licensee
to a return of any part of any ficense fee.
(d) Before suspension or revocation ot the license, tiie commissioner may fine a licensee for
violafions of Laws 1989, chapter 247, as authorized under ehapter 45.
Laws 1989, c. 247, § 8.
CURR
The cc
issued
Lan's 1,'
1959 Le
Laus
Lion is e-
e�chang
533.03—
Befo
nith a�
author—
to the
1I1Ci17T'�
for lia
check,
1t1C1ll1
The �
comm
the a�
licens
mone
inttia�
Laas
$isturical and Sfatutory Nof.es
1989I.egislation a•ith this chapter by OcWber 1, 1989. No currency � Igeg �
Laws 1989, e. 247, § 16, pm�2des that this ser exchange shall opente without a license after Dr i La�
tion is e@'ective August 1, 1989. E�sting ewrency cember 31, 1989. � tion i—
exchanges must submit applieations in comptiance ! exch�
uith
53A.07. Filing of fees; unreasonable fees s ezcn�
� cen�
Subdicision 1. Appmval of fees. Fees charged at each location for eheck cashing ; 1g9 .,
services must be filed mith and approved by the commissioner. . .
Subd. 2. Amendment of fees. A licensee may amend its fees at any time by filing the , had —
proposed amendments with the eommissioner. The application for amendment shall be in ;
writing, under aath, and in the form preseribed by the rnmmissioner. A fee of $50 shall ; �gq
accompany the application. The crommissioner shall approve or deny the applicataon 60 days ; S
after the filing of a comglete application to amend its fees.
Subd. 3. Standazds; unreasonable fees prohibited The eommissioner may disapprove � j��
the fees filed by a curreney exchange if they are not fair and reasonable. In determinin%' esa
whether a fee is fair and reasonable, the comnissioner shall kake into consideration: ,
(1) rates charged in the past for cashing of checks by those persons and organizations' �
providing check cashing services in the state af htinnesota; ea�
(2) the income, cost, and eaperience of the operaGOns of curreney exchanges existing pnor P
to this enactment or in other states under similar conditions or regulataons; - e � �
(3) the amount of risk involved in the type of check to be cashed and the loeation where the
evrrency exchange operates; 1Ilt
(4) the generai cost of doing business, insurance costs, seeuriLy crosts, banldng fees, and
other eosts associated �yith the operations of the particular curreney exchange; k
(5) a reasonable profit for a evrrency eschange operation; and in
(6) any other matter the eommissioner deems appropriate. L
334
=:� :
ES
fhe
red
9&9, i
$IOR
r or �
•law
I
ency I
i
ewal
ee of �
nt to
;nder
�nder,
:nsee
�e for
�rrency
ter Dr
i
ashing '
ing the i
d be in :
"�0 shall '
i0 days
ipprove
-cnining
eration:
izations
ng prior
here the
ees, ap�
CURREhCY EXCHANGES §53A.081
The crommissioner shall set a separate rate, consisf.ent a the above standards, for checks
issued by a gocernment entity in an amoant up to $500 to be cashed by a eurrency e.schange.
Laws 1989, e 21i, § 7.
Historical and Statutory Notes
1939 Legis2ation with this chapf.er by October I,1989. \io etu7ency
Lams 7939, c, 2�7, § 16, pro�5des tt�at this sec- exehange shail aperate without a ficense after D�
tion is effective August 1, 1989. Existing currency cember 31, 1939,
ecchanges must submit appIIcations in compliance
53A08. Bond
Before a]icense may be issued to a currency exchange , the applicant shall file annually
with and have approved by the commissioner a surety bond, issued by a bonding company
authori2ed to do business in this state in the prineipa] arnount of $10,000. The bond must run
to the commissioner and is for the benefit of creditors of the currency exchange for liability
incurred by the currency exchange on money orders issued or sold by the curreney ecchange,
for liability incurred by the curreney exehange for sums due to a payee or endorsee of a
check, draft, or money order left with the currency exehange for collection, and for liability
incurred by the currency exchange in connection with providing currency exchange services.
The commissioner may require a licensee to file a bond in an additional amount if the
commissioner considers it necessary to meet the requirements of this section. In deternuning
the additional amount of the bond which may be required, fhe eommissioner may require the
liceasee to file its financial recrords, including all bank statements, pertaining to the saie of
money orders for the preceding 12-month period. In no case may the bond be tess than the
initial $10,000 or more than the outstanding liabflities.
Laws 1989, c. 247, § 8. Amended by Laare 1992, a 5�4, § 6.
Historical and Statutory Notes
1989 Legislation
Laws 1939, c. 247, § 16, pro�5des that this sec-
tion is effective August i, 1939. Existing curreney
exchanges must submit applications in compliance
with this chapter by October 1, 1989. No currency
eschange shal] operate without a limrtse after De-
eember 31, 1939.
1992 Legislation
The 1992 amendment renrote this section, which
had read:
"My curreney e�change that engages in the sale
of money orders or travelers' checks shall eomply
with bonding requirements pwsuant to seetion
48.1a1." �
Laws 1982, c. 504, § 9, proY-ides in part that § 6
is effecGce April 24, 1992, and applies W licenses
issued or renewed on or after that date.
53A.082. Mnuai report and incestigations
Subdicision l. .lnnual report. On or before April 30, a licensee shall file an annual
report nith the cromttussioner far the previous calendar year. The report must contain
information that the commissioner may reasonably require concerning, and for the purpose of
examining, the business and operations of each lieensed currency exchange.
Subd. 2. Imestigation. The commissioner may at any time and shall at least once in
each yeaz investigate the currency exchange business of any licensee and of ecer} persan,
parEnership, assoeiation, and corporation engaged in the business of operating a currency
exchange in the manner pro�ided under section 45.02i.
Subd 3. Fees and expenses. The licensee shall pay the rosts of an examination or
investigation in the manner provided under section 6DA03, subdivision 5.
Subd. 4. Classification of data. Financial information on indi�iduals and busine,ses'that
is submitted to the commissioner in the annual report under subdivision I are pricafe data on
individuals or nonpublic data.
Lau�s 199?, c 504, § i. Amended by Lan�s 1996, c 439, art. 1, § 6; Laws 1597, lst Sp., c. 3, § I9.
335
;
�
i
. a`-,:T�,�
§ 53A.081
CURREA'CY EYCHAtiGES ! �-y
Historical and Statutoty Notes
1992 Legislatian
Lans 1992, c. 50.f, § 9, protiides in part that §'r
v effecti� Ap:il 21, 7992, and applies to licenses
i;;ued or rene�red on or afi.er that date.
1996 Legislation
The 1996 aznendment, in subd. 1, required the
report to 6e fited on or before "April 30" nther
than "Mazch i".
1997 Legislation
La«s 1997, lst Sp, c. 3, § 19, added subd. 4,
retating to finalcial information on indi�iduaIs and
businesses su6mitted in the annual report.
�33.09. Poa�ers; limitations; prohibitions
Subdi�ision 1. Deposits; escrow accounts. A cun•eney exchange may not accept money
or curreney for deposit, or aet as bailee or agent for persons, fu�ms, partnerships, associations,
or corporations to hold money or currency in escrow for others for any purpose. Ho�t�ever, a
currency eachange may act as agent for the issuer of money orders ar travelers' cheeks.
Subd. 2. Gambling estabiishments. A currency exchange located on the premises of a
gambling establishment as defined in seetion 256.9831, subdivision 1, may not cash a warrant
that bears a restrictice endorsement under section 256.9831, subdivision 3.
Laws 1989, e. 297, § 9. Amended by Laus I996, c. 465, art. 3, $ 1.
Historicat and Statutory Nofes
19fi9 Legislation 1996 Legistation
Laws 1989, e 247, § 16, pro�ides that this sec- The 199& amendmenf designated easting text as
tion is effectice August 1, 1988. Eaisting curreney subd. 1; and added subd_ 2, relating to gambling
esehanges must submit applicatians in compliance establishments.
aith SMs chapter by October 1, 1958. No currency
exchange shall operate trithout a license atter De-
cember 31, 1959.
53A.I0. Violations
Any person, firm, association, partnership, or corporaUon that violates Laws 1989, chapter
247, shall be guilty of a misdemeanor.
Laws 1939, c. PA7, 4 10.
Historical and Statutory Notes
1959 Legislation
Laws 1989, c. 247, § 16, prmzdes that this sec-
rion is effec6ce August I, 1989. E.dsting cw
exchanges must submit applicauons in compliance
53A11. Books of account; annual report
wzth this chapter hy October 1, 1939. No curcency
ezchange shall operate tsithout a license after De
cember 31, 19E9.
�34,1?
The
and e�
Laics �
1999 �
Lai
tion i-
excf�-�
C�
267�
33�
C
se�
pr
i
7
i
I
i
i
�
I
j
ut
C�'
li
x
1�
The lieensee shall keep and use in the licensee's business the books, accounts, and records
that will enable the eommissioner to determine }cheYher the licensee is complying �tith the
provisions of Laws 1939, chapter 247, and «ith the rules adopted by the commissioner. A
licensee shall preseike the baoks, accounts, and recotds for at least t�ro years after makin
the final entn�.
La�s's I989, c. Zdi, § 11.
Historieal and Statutory notes
1959 Legislation uith tkus ehapter by OcWber 1,1989. No curri
Laws 1959, c 247, § 16, pro�ides that this see- eschange shail operate �ithout a license aftzr
tion is effectice August i, 1989. Existing currency cember 31,1559.
exchanges must submit applicaUons in compliance
336
�CH.A�`IGES
�dded subd. 4,
ndi�iduals and
epor� ,
accept money '
, associations,
. However, a
elers' checks.
premises of a �
ish a wan•ant
e�isting text as
ng to gambiing
; 1959, chapter
;�J, No currency
iicense afrzr De-
ts, and rewTds ,
ilying �vith tt�e �
nmissioner: A i
s after maldng
�"VEST:liE1VT A�l'D LOAN CO�IPANIES
a`39.22. Rales
The commissioner may adopt zules unger chaptyz. 14 as may be necessary to administ�.
and enforce this ehapter,
Laws 1989, c. 247, § 12.
$istorical and Sta{u;ory Yotes
1959 LegislaGan with this chapter by Oefober 1, 19fi9. No currency
Laws 1989, c. 2di, § 16, pro��des Ghat this see- ea:change shall operate althout a license after De-
tion is effeetive August 1, 1989, Eristing eurreno9 cember 31, 1989.
ezchanges must submit applications in complianre
Administrative Code Referencea
Curreney erchange rates, see Mina Rules
2872.0100,
53A.13. Fee notice; false advertising, penalty
Subdivision 1. Fee nofice. The fees charged by currency eschanges for rendering yny
service authorized by sections 53A.01 to 53A13 must be prominent(y clisplayed on the
premises of the currency exchange in tha fashion required by the commissioner.
ute, or an �tatzment or repre entation is false p�isl��g� or deceptiveor
that omits materiai information.
Subd. 3. Civil liability; penalty, A person who violates any subdivision of this chapter is
liable to the person damaged by the violation for actual damyggs. T(�e court may awat�d
reasonabte attorney fees and costs.
Laws 1989, c. 217, $ 23.
� $istorical and Statutory Itotes
1939 Legislation with this chapter by OcWber i, 7989. No curreney
Laws 1989, a 247, § 1&, provides that this sec- exchange shal7 operyte ayithout a license after De-
tion is efFeeflve AugusE I, 1988. Existing curreney cember 31, 1959.
erchanges must submit applications in compliance
Law lteview and Journal Commentaries
Statutory fee•shifting; New opportunities to en-
hance client results. Arlo H. Vande Vegte, 75
Mim�.74�ia1 Law. 3 (Fall 1990).
53A.I i. Repealed by Laws 1992, c, 504, § 8.
$istorical and Statutory Notes
The repealed secHon, which preempted loeal law Laws 1992, c. 504, § 9, pro�ides in part thyt § 8
requirements to the extent they were ineonsistent 3s egeeti,re Ap� y� 1992, and applies to licenses
with the requirements in c. 53A, was derived from
Laus 1989, e. 217, § 14. �ssued or renecced on or after that date.
Chapter 54
INVESTMENT AND Lp�SN COAIPANIES
i59. No currene! �
ficense after De- � 5eciion
' S429i.
IYVESTMENT CObiPeiD7IES
Annual e�vnination; informatianai re-
ports; cost af examinztion.
337
i
�
Council File # Q 1��,3 �
Green Sheet # J /Q!5 p �
Presented By
Referted To
RESOLUTION
CITY OP' SAINT PAUL, MINNESOTA
Committee: Date
1 VVHEREAS, Unbank Company, LLP, has applied to the Minnesota Deparhnent of
2 Commerce for a currency exchange license at 1614 White Bear Avenue; and
3
4 WHEREAS, pursuant to Minn. Stat.§53A the application was submitted to Saint Paul for
5 approval or disapproval; and
7 WHEREAS, the Office of License, Inspections and Environmental Protection has
8 recommended denial of the application because the location in question does not meet the
9 separation requirements of Saint Paul Legisiative Code §60.542, in that the building in which the
10 business intends to locate is within 100 feet of a residential lot at 1818 Idaho Avenue East; and
11
12 WHEREAS, the applicant challenged this determinarion by the zoning specialist and
13 requested a hearing before an Administrative Law 7udge, and the matter was heard on February
14 26, 2001 and the ALJ issued Findings of Fact, Conclusions and a Recommendation dated March
15 2, 2001, recommending denial of the license; and
16
17 WHEREAS, Saint Paul Legislarive Code §381.03(b)(10), provides that a currency
18 exchange license may be disapproved if the applicant or its proposed business location does not
9 comply with applicable zoning, building, fire and health codes; now, therefare, be it
0
�,�'�
01. � 31
RESOLVED, that the City of Saint Paul recommends disapproval of the currency
exchange license appiication by Unbank, LLP for the premises at 1614 White Bear Avenue in
Saint Paul to the Minnesota Department of Commerce.
FLJRTHER RESOLVED, that the Pindings of Fact, Conclusions and Recommendation of
the AL7 shall be adopted as the findings of the City Council in this matter.
Requested by Department of:
Adoption Certified by Council Secretary
By:
Appz
By:
BY � � � ' �'!X�✓
Form Approved by City Attor
BY: ��/o.�;� ��
Approved by Mayor for Submission to Council
Adopted by Council: Date ��\� ' 1 p�.� Q,
-- �—� --.-`�'�---•1
March 7, 2001
Councilmember
7, 2001 (Suspension Ztem) NUMBEItFOR
nounxc
orsoFx
TOTAL # OF SIGNATURE PAGES
QI—�3�
110302
GREEN SHEET
No
r•:,v�s�__,.,ie.r �e�
❑ c�n�rrou+Er ❑ anacvK _
❑ rwwcu��omeraew. ❑ nuxw�mna�uro
❑waroatoa�snsr.rrn ❑
(CLIP ALL LOCATIONS FOR SIGNATURE)
Disapproval of the curxency exchange license application by Unbank, LLP, for the premises
aC 1614 White Bear Avenue and adopting the Findings of Fac, Conclusions of Law, and
Recommendation of the Administrative Law 3udge.
PLANNING CQMMISSION
CIB CPMMITTEE
GVI4 SERYICE CpMMISSION
Where,
AMPt1NT @P T�NSA�lPN f _ _ _ _ .
gqyRgE
Has this aereaMum ever vrorked wWer a wNract Por thia tlepaRm&nlP
YES NO
Has thie persoNfrm ever been a oRy flmpbyee'I
YES NO
ooes this ce�oNfirm coescres a skill not normallypossesaed by eny cuneM city employee7
VES NO
Is thiy petsaNfum a Wrgeted ventlpR
VES NO
S:9Si1REV€NBE aUP2�e9lFIR&6� Qllkl Y_� MB
ACTNIfl'NUMBER
�NF4&u9fi�M totew�
OFFICE OF THE CITY ATTORNEY �/� � 3 I
Clayton M Robinson, Jc, Ciry Aaorney
CITY OF SAINT PAUL
Nam+ Co[eman, Mayor
��
February 15, 2001
civitDivision
400 Ciry Holl
I S West Kellogg Blvd.
Saint Paul, Minnesota 55102
NOTICE OF RE-SCHEDULED HEARING
A.ND
NOTICE OF COUNCIL HEARING
�
U
Mr. Dan Rosen
Rosen & Rosen
150 South 5'h Street, Suite 3250
Minneapolis, Minnesota 55402
S �'�` —
Telephone: 651 26587/0
Faaimile: 651198-Sb/9
Cpunci! Research C2r�fer
FE6 2 � 2001
RE: Currency Exchange License Application submitted by Unbank Company, LLP d/b/a
Unbank Company, LLP for the premises located at 1614 White Beaz Avenue in St. Paul
Dear Mr, Rosen:
As we discussed, we have now re-scheduled the administrative hearing to Monday, February 26,
2001. The hearing will begin at 10:00 a.m., in the Ramsey County Commissioners O�ce, Room
220 City Hall, Conference Room C. The State of Minnesota Office of Administrative Hearings as
re-assigned this matter to Judge Richard C. Luis (612-349-2542).
Additionally, given the time constraints for a response to the Minnesota Department of Commerce
on your client's application for a currency exchange license, and in anticipation of timely receipt of
the Administrative Law Judge's report, we have also scheduled this matter for public hearing in front
of the Saint Paul City Council, City Council Chambers, Third Floor, Saint Paul City Hall, on
Wednesday, Mazch 7, 2001. Public hearings begin at 530 p.m..
If you have any questions, I can be reached at 651-266-8710.
Sincerely,
- ���°'.�-�.c'��' '� c�Jl�--.�,
Virginia D. Palmer
Assistant City Attomey
cc: LaVon Regan, Office of Administrative Hearings, 100 Washington Square, Suite 1700,
Mpls, MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall �
Roger Curtis, Director, LIEP
Christine Rozek, LIEP
Chuck Repke, Community Organizer, District 2 Communiry Councii, I461 Sherwood Ave.
E., St. Paul, MN 55119
�
�
1�IAR. -0?' 01(FRII 13:56 OFFICE OF ADbIiN. HE,4RING TEL�61?349?665 P. 00?
o i- ��1
7-6020-14112-3
STA'I'� Or 1�II�fi'�SOTA
OrFICE OT ADMIlVISTRATIV� T��A.RL�'GS
FOR TII� SAINT PAiiL CITY COL?ICIL
In Re the Currency Exchange License FINDNGS OF FACT.
Appifcation of Unbank Company, LLP, for CONCLUSIONS AND
the Pcemises at 1614 White Bear Avenue RECO�tiTi4IENnATTON
The above-entitied matter came on for hearing before Administrative Law Judge "
(ALJ) Richard C. Luis, serving as hearing officer for the Saint Paul City Council on
Febtuasy 26, 20D1, at 10�,00 a.m. in Room 220 of the Saint Paul City Ha41-Ramsey
County Courthouse. The record was held open for submiss(on of proposed Findings of
Fact, Conclusions and Recommendation until February 28, 2001.
On January 30, 2001 the City issued a Notice of Hearing on the application which
set a hearing date for February 12, 2001.� The hearing was re-scheduled to February
16, 2001 8t the request of the Applicant? and ihen rescheduled again for February 26,
2001 3 The City's Notice of Re-Scheduled Hearing is dated February 15, 2001, and it
also sets this matter for a pu6lic hearing in front of the City Council on March 7, 2001 in
order to meet the sixty-day time requirement (See Minn. Stat. § 53A.o4(a).) for the {oca!
governing 6ody to communicate its approval or disapproval of issuance of the license to
the Department of Commeroe.
Virginia D. Palmer, Assistant City Attorney, 400 City Hail, 15 West Kellogg
Boulevard, Saint Paui, MN 55102, appeared on behaif of the St. Paul City Office of
License, Inspections and Environmental Protection (City, LIEP). Daniel N. Rosen,
Rosen and Rosen, 150 South Fifth Street, Suite 3250, Minneapolis, MN 55402,
appeared on behalf of the Applicant, Un6ank Company, LLP.
NOTICE
This Report is a recommendation, ��ot a final decision. The Saint Paul City
Councii will make the final decision after a review of the record and may adopt, reject or
modify these Findings of Fact, Conciusions and Recommendation. Pursuant to Saint
Paul Legislative Code § 310.05(c-1), the City Council will provide the Applicant an
apportunity to present oral or written argument to the City Councii before it takes final
action during or after its hearing on March 7, 2001. Pa�ties should contact the Saint
' City�s Exhibit 2.
2 City's Exhibit A.
3 City's Exhsbit 5.
MRR—L2-2001 14�24 6123492665 95i P.02
YI.�R. -0?' �I IFRI) 13:56 OFf [CE OF A�MiN. HEARING TfiL:6l?349266� P. 003
01-�31
Paul City Council Offices (651/26fi-8500) to determine the procedure for presenting
argument.
STAT�MF�iV'T OT ISSTIE
Has the Applicant shown by a preponderance of the evidence that it meets the
requirements of fhe 5aint Paul zoning code for a currency exchange license at its
proposed husiness location?
Based on all the proceedings herein, the Administrative Law Judge makes the
following:
TTNDINGS OF T�'ACT
1. On January 11, 2001 the Department of Commerce fonuarded an
application for a currency exchange license to the City of Saint Paui. The applicafion
was submitted in the name of Unbank Company, LLP, for premises located at 1614
White Beaf Avenue in Saint Paul. The zoning classification of 1614 White Bear
Avenue is 6-2.
2. Unbank is a Limited Liability Partnership, incorporated in Minnesota. Gary
A. Dachis and Stuart D. Tapper, President and Vice-President respectively, are each
listed as 50% owners. At the hearing, Stuart Tapper festified that Jean Williams would
also have some ownership inierest in the business of the proposed location.
3. Upon receiving the application from the State of Minnesota, the Offce of
License, Inspections and Environmental Protection for fhe City of Sainf Paul sent notice
of the license to neighhorhood groups and notice was also published of the receipt of
the application in accordance with Saint Paul Legislative Code § 381.02(a) 6
4. The currency exchange
located at Hillcrest Shapping Center
located inside the building, which is c
Avenue fo the west, Gary Street to the
This piece of property is all identified a
number.
is proposed to be located inside a sfrip mall
m White Bear Avenue. The business will be
n a parcel of proper(y bounded by White Bear
east, Idaho to the north and lowa to the south.'
� one parcel, with a single property identification
5. The peputy Director of LIEP referred the application to Jeff Hawkins, a
zoning specialist in the LIEP office, to determine whether the proposed location met the
requirements of Saint Paul Legislative Code § 60.542.
4 City's Exhibit 1.
5�
e City's Exhihif 6.
� Clty's Exhibit 7.
a This was thc section of the Soint Psul Legislative Code at tha Eime the matter was Ieferred to N�*.
Hawkins Since that time, the section has 6een renurr,bered, and is now Saint Paul Legislative Code §
60.542, but the wording has not heen changed.
MAR-02-2081 14�27 6123492065 94'/. P.03
11�1R. -0?' 01 (FRI) 13:57 OFfICE OF A�NI�'. HE�RIh`G TEL:61?3492665 P. 004
o �- as �
6. Section 60.542 sets out the principal uses permitted in a B-Z Community
6usiness pistrict. Subdivision (4) addresses currency exchanges, which are permitted
when the "business (is) located at least one hundred (100) feet from any residentiai lot
in a residential disfrict or at least one hundred (100) feef from any residential lot
occupied with a one-, fwo-, three-, four-, fownhouse, or multiple-family dweiling,
measured from fhe c4osest paint of the building in which fhe business is Iocated fo fhe
closest residential property Iine,"
7. Mr. Hawkins went to the property to measure the distance from the
bui{ding to a house located across Gary Street, which was the nearest residential lot.
The address of that property is 1818 Idaho Avenue East.
B. Mr. Hawkins consulted with Wendy Lane, the zoning manager for LIEP, to
determine the appropriate way to measure. She advised him that the method of
measurement in the code requires measurement from the outside wall of the 6uilding
closest to the residential lot.
9, The distance from the easternmost end of the building to the fence line ot
the lot measured 56 feet. 6ased on that measurement, Mr. Hawkins denied zoning
approval for the license application as it did not meet the requirements of the zoning
code. The point at which the measurement was taken is the back wall of the space
occupied hy Snyder's Drug Store, which has an address of 1620 White Bear Avenue.
The building juts out approximately 65' farther to the east at that point than it does at the
wall behind where the currency exchange business intends to locate.
10. The back outer wail of Snyder's is part of an addition that was built on at a
later date than the original construction. The space in the addition is occupied by
Snyder's and is partly used as commercial space and partiy as storage. It is not a
separate building.
11. Saint Paul t�egislative Code §64,203 sets forth the procedure for applying
for a variance from a zoning provision. Currently there is a one-year moratorium in
existence for the White Bear Avenue Area, and the Applicant would be unabie to app{y
for a varianca from the distance fequirements of the zoning code at this time. The
moratorium is in effect at feast to December 22, 2001.
12. Charles Repke, a representative of District 2 Community Council, the
neighborhood organization for the area in which the business wishes to locate,
appeared at the hearing in support of LIEP staff's interpretation of the zoning code. He
testified that the community has an interest in consistent interpretation of the pro�isions
of the code so that they can be aware of what iypes of businesses might be able to
locate in any given building or area. He voiced concern that a business which would
otherwise he prohibited at a location might be able to circumvent the provisions of the
code by reconfiguring interior walls.
B City's Exhibit 3.
MRR-22-2001 14�26 6123492665 94i P.04
MAR. -0?' 01 (FRI) 13:57 QFFICE OF ADNIN. HEARING TEL:61?349?665 P. OGS
oi-a3J
Based upon the foregoing Findings of Fact, the Adminisirative Law .ludge makes
the following:
C_ONCLUSIONS
1. The St. Paul Cify Council and the Administrative Law Sudge have
jurisdiction in this matter pursuant to Minn. Stat. §§ 14.55 and 53A.02 and Saint Paul
Legislative Code §§ 310,05, 310.06 and 381.02.
2. The City of Saint Pau1 has fulfilled al{ refevant substantive and procedural
requirements of law and rule.
3. The City of Saint Paui has given proper notice of the hearing in this
matter, incfuding proper notics in accordance with the requirements set forth in Minn.
Stat. Chapter 53A and Saint Paul Legislative Code Chapter 381.
4. Saint Paul Legislative Code § 381.03(b)(10) provides that a currency
exchange license may be disapproved if:
The applicant or its proposed business location does not comply
with applicabie zoning, 6uilding, fire and health codes.
5. Saint Paul Legislative Code § 60.5q2(4) permits currency exchange
businesses in a B-2 Zone Community Business pistrict "when located at least
one hundred (100) feet from any residantial lat in a residential district or at least
one hundred (100) feet from any residential lot occupied with a one-, two-, three-,
four-, townhouse, or multiple family dweiling, measured from the closest point of
the building in which the business is located to the closest residsntial property
line."
6. The City's zoning staff has consistently interpreted this ordinance to
require measurement from the outside wall of the building in which the business
is to be located closest to the residential property, and that i�terpretatio� is a
reasonable one.
7. The addition to the Snyder's store is not a separate buiiding for fhe
purposes of ineasuring the distance from the nearest residentiat lot, and Mr.
Hawkins properly used a point on the eastern end of the addition as the point on
the building from which to measure.
6. The proposed location of the currency exchange business does not
meet the requirements of the Saint Paul Zoning Code.
Based upon the foregoing Conciusions, the Administrative Law Judge makes the
following:
0
MRR-02-2001 14�26 6123492665 95i P.BS
M�R. -0?' 01(FR[1 13 58 OFFICE OF ADN(N. NE,�RING TEL:61?3492665 P. 006
at-�s�
It�COMMENDATTaN
IT IS RECOMMENDED that the Saint Paul City Council deny approval of the
currency exchange license application of Unbank Company, LLP, for fhe premises
Iocafed at 1614 White Bear Avenue in Saint Paul.
Dated this 2"� day of March, 2001.
�,�/� �
RICHARD� " LU�S
Administrative Law Judge
Reported: Taped, No Transcript Prepared.
NOTICE
Pursuant to Minn. Stat. § 53A.04, fhe Saint Paul City Council is required to
forward its approval or disapproval of the license application to the Commissioner of
Commerce of the State of Minnesota for the Commissio�er's approval or disapprovai. If
the application is denied, the Cnmmissioner shali maii notice of the denial and the
reason therefor to the Rpplicant.
MEMORANDIJM
Unbank maintains that because the premises of the proposed business itself are
more than 1 �0 feet from the nearest residential property, its application does not conflict
with the City's zoning code. It argues that the building in question is a series of different
addresses, and the relevant measurement should be from a point on the "originai" wall
of the building directly behind where the premises of the business wouid be located.
This would result in the business heing located more than 100 feet away from the
property at 1818 Idaho Avenue East.
Wendy Lane, the zoning manager for LIEP, testified that the section of the
Zoning Code applieable to currency exchanges was relatively recent, and was enacted
to it�sure that there were separation requirements between businesses of this type and
residential areas. The City's zoning staff has consistently interpreted this section of the
ordinance to require that the measurement be from the portion of the outer wall closest
to the residential area. in this instance, the eastern extension of the building on the
Snyder's end of the strip ma0 is the closest portion of the building to the property at
1818 Idaho Avenue East.
Ms. Lana noted that a previous applicant, Pawn America, had been denied a
currency exchange license at 1546 White Bear Avenue under the same provision of the
MRR-02-2001 14�27 6123492665 95i P.06
MAR.-02'01(FRI) 13:58 OFFICE OF ADMIN.H6ARfNG TEL�61?349?666 P.001
ai-�31
zoning code appiicable here. !n that instance, Pawn America intended to operate space
in the middle of the building but the measurement was taken from the side of the
building, which was the wall ciosest to nearby residences. Pawn America withdrew its
license application for a cu�rency exchange.
The City's zoning sfaff has also denied an application for a billiard hall where the
tenant space was in fhe middle of the building but the buiiding's outer wal! was onfy 17'
away from the residential property line across an alley. 7he zoning code's separation
requirements and measurement methods in the ordinance applicabie to such
estahlishments are the same as the requirements applicable to currency exchanges. In
the billiard haN matter, the applicant applied for a variance to the Board of Zoning
Appeals.
The ApplicanYs major factual argument, lhat the addition to 5nyder's which
brings the building within 100 feet of 1818 Idaho is, in fact, a separate building, has not
been proven by a preponderance of the evidence, The only witness on that issue, Mr.
Tapper, established that an addition was puilt but failed to provide any indication that
the addition has an outside west wali standing free and apart from the outside east wall
of the 6uilding that existed pr(or to the construction of the addition. Rather, fhe record
implies strongly that the "original" (west portion) Snyder's and the addition (added to the
east end of the "original" Snyder's) are, since the construction, all one kuiiding. It
appears that the "originai" hack wall of the building, since the addition was finished, has
simply become an interior wall.
The ApplicanYs other argument is that because the "footprint" of the premises
pr�posed for the actuai currency exchange business lies more than � 00 feet from any
part of the residential lot, there is no zoning code violation. The Administrative Law
Judge cannot agree. A piain feading of the applicable ordinance provides for
determination of the disfance by measuring from the end of the "building". not from the
busirtess premises, to the edge of the nearesf residential {ot. As noted above, the
relevant point from which to measure on the building in this instance is the pack (east)
wall of the addition to Snyder's. This methodology, while resulting here in a harsh
impact on the Applicant, is not unreasonable because it provides certainty and a neutral
consistency to ihe determination process. The harsh result(s) in individual cases are
tempered by the opportunity to apply for a variance. In this instance, unfortunately for
the Applicant, no variance seems possible now due to the moratorium on building
permits along White Bear Avenue. This appears to leave the Council with no alternative
to a literal application of the language of the ordinance.
The Applicant urges that it is unreasollabie to deny its appfication because of its
location within the walls of a larger buiiding that reaches, at some distance away from
its proposed location, to the proximity of a residential zone, in light of the fact that no
distance issue would exist if tts "footprint" was that of a free-stand�ng building. The AL.!
discounts this argument because it is immaterial. The facts of this case involve the
boundaries of the "building" the Applieant hopes to occupy, which ex*.ends beyond the
proposed business premises. The iseue reised by the Applicant, whether the ordinance
is unreasonahle as applied to applicants proposing to locate in strip malis or other large
MRR-02-2001 14:27 5123492665 95i P•07
MAR. -02' 01(FRfI 13�59 OFFIGE OF ADhIIN. HE�RING TEL:6123492665 P. 008
o!-asl
buildings, is beyond the jurisdiction of the Administrative Law .ludge in fhis proceeding.
Relief would be possible in mosf instances because of the opportunity to appiy for a
variance, but the moratorium seems to bar that for now at the location in question.
R.C.L.
7
MRR-02-20a1 14�27 6123492665 95� P.aB
March 2, 2001
STATE OF MLIVNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
100 Washington Square, Suite 7700
100 Washington Avenue South
Minneapotis, Minnesota 55401-2138
Fred Owusu, City Clerk
City of St. Paul
170 City Hall
15 West Kellogg Bfvd.
St. Paul, MN 55102
RE: In Re the Currency Exchange License Application of
Unbank Company, LLP, for the Premises at 1614 White
Bear Avenue; OAH Docket No. 7-6020-14112-3
Dear Mr. Owusu:
o /�- a� 1
Enclosed herewith and served upon you by mail is the Administrative Law
Judge's Findings of Fact, Conclusions and Recommendation in the above-
entitled matter. Also enclosed is the officiai record, with the exception of the
hearing tapes (which will be sent to you under separate cover). Our file in this
matter is now being closed.
Very truly yours,
RI H� � ��
. LUIS
Administrative �aw Judge
Telephone:612/349-2542
Enclosures.
cc: Virginia D. Palmer
Daniel N. Rosen
�gc�r���
� 5 2001
� j v �LER�(
Providing Impartial Hearings for Government and Citizens
An Equaf Oppodunity Employer
Administrative Law Section & Administrative Services (612) 341-7600 �TTY No. (612) 341-7346 � Fax No. (612) 349-2665
7-6020-14112-3
STATE OF MIl\NESOTA �ECEf�I��
OFFTCE OF ADNIINISTRATIVE HEARINGS � � 20
ROR THE SAINT PAUL CITY COUNCIL i;tTy �����.
In Re the Currency Exchange License FINDINGS OF FACT
Application of Unbank Company, LLP, for CONCLUSIONS AND
the Premises at 1614 White BearAvenue RECOMMENDATION
The above-entitled matter came on for hearing before Administrative Law Judge
(ALJ) Richard C. Luis, serving as hearing officer for the Saint Paul City Council on
February 26, 2001, at 10:00 a.m. in Room 220 of the Saint Paul City Hall-Ramsey
Gounty Courthouse. The record was held open for submission of proposed Findings of
Fact, Conclusions and Recommendation until February 28, 2001.
On January 30, 2001 the City issued a Notice of Hearing on the application which
set a hearing date for February 12, 2001.� The hearing was re-scheduled to February
16, 2001 at the request of the Applicant, and then rescheduled again for February 26,
2001. The City's Notice of Re-Scheduled Hearing is dated February 15, 2001, and it
also sets this matter for a public hearing in front of the City Council on March 7, 2001 in
order to meet the sixty-day time requirert�ent �See Minr!. S±at. § 53A,04'(a).) f�r t�e �ocai
governing body to communicate its approval or disapproval of issuance of the license to
the Department of Commerce.
Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Keilogg
Boulevard, Saint Paul, MN 55102, appeared on behalf of the St. Paul City Office of
License, Inspections and Environmental Protectio� (City, LIEP). Daniel N. Rosen,
Rosen and Rosen, 150 South Fifth Street, Suite 3250, Minneapolis, MN 55402,
appeared on behalf of the Applicant, Unbank Company, LLP.
NOTICE
This Report is a recommendation, not a final decision. The Saint Paul City
Council will make the final decision after a review of the record and may adopt, reject or
modify these Findings of Fact, Conclusions and Recommendation. Pursuant to Saint
Paul Legis{ative Code § 310.05(c-1), the City Council will psovide the App{icant an
opportunity to present oral or written argument to the City Council before it takes final
action during or after its hearing on March 7, 2001. Parties should contact the Saint
' City's Exhibit 2.
Z City's Exhibit 4.
3 City's E�ibit 5.
Pau{ City Council Offices (651(266-8500) to determine the procedure far presenting
argument.
STATEMENT OF ISSUE
Has the Applicant shown by a preponderance of the evidence that it meets the
requirements of the Saint Paul zoning code for a currency exchange license at its
proposed business location?
Based on all the proceedings herein, the Adminisirative Law Judge makes the
foliowing:
FINDINGS OF FACT
1. On January 11, 2001 the Department of Commerce forwarded an
application for a currency exchange license to the City of Saint Paul. The application
was submitted in the name of Unbank Company, LLP, for premises located at 1614
White Bear Avenue in Saint Paul. The zoning classification of 1614 White Bear
Avenue is B-2.
2. Unbank is a Limited Lia6ility Partnership, incorporated in Minnesota. Gary
A. Dachis and Stuart D. Tapper, President and Vice-President respectively, are each
listed as 50% owners. At the hearing, Stuart Tapper testified that Jean Williams would
also have some ownership interest in the business of the proposed location.
3. Upon receiving the application from the State of Minnesota, the Office of
License, Inspections and Environmentaf Protection for the City of Saint Paul sent notice
of the license to neighborhood groups and notice was also published of the receipt of
the application in accordance with Saint Paul Legislative Code § 381.02(a).
4. The currency exchange is proposed to be located inside a strip mall
located at Hilicrest Shopping Center on White Bear Avenue. The business will be
located inside the building, which is on a parcel of property bounded by White Bear
Avenue to the west, Gary Street to the east, idaho to the north and lowa to the south.'
This piece of property is all identified as one parcel, with a single property identification
number.
5. The Deputy Director of LIEP referred the application to Jeff Hawkins, a
zoning specialist in the LIEP office, to determine whether the proposed location met the
requirements of Saint Paul Legislative Code § 60.542.
° City's Exhibit 1.
5 Ibid.
6 City's Exhibit 6.
� City's Exhibit 7.
8 This was the section of the Saint Pau1 Legislative Code at the time the matter was referred to Mr.
Hawkins. Since that time, the section has been renumbered, and is now Saint Paul Legislative Code §
60.542, but the wording has not been changed.
2
6. Section 60.542 sets out the principal uses permitted in a B-2 Community
Business District. Subdivision (4) addresses currency exchanges, which are permitted
when the "business (is) located at least one hundred (100) feet firom any residential lot
in a residentiaf district or af least one fiundred (100) feet from any residentiaf fot
occupied with a one-, two-, three-, four-, townhouse, or multiple-family dwelling,
measured from the closest point of the building in which the business is located to the
closest residential property line."
7. Mr. Hawkins went to the property to measure the distance from the
building to a house located across Gary Street, which was the nearest residential lot.
The address of that property is 1818 Idaho Avenue East.
8. Mr. Hawkins consulted with Wendy Lane, the zoning manager for LIEP, to
determine the appropriate way to measure. She advised him that the method of
measurement in the code requires measurement from the outside wafl of the buiiding
closest to the residential lot.
9. The distance from the easternmost end of the building to the fence line of
the lot measured 56 feet. Based on that measurement, Mr. Hawkins denied zoning
approval for the license app{ication as it did not meet the requirements of the zoning
code. The point at which the measurement was taken is the back wall of the space
occupied by Snyder's Drug Store, which has an address of 1620 White Bear Avenue.
The building juts out approximately 65' farther to the east at that point than it does at the
wall behind where the currency exchange business intends to locate.
10. ?he back outer wall of Snyder's is part of an addition that was built on at a
later date than the original construction. The space in the addition is occupied by
Snyder's and is partly used as commercial space and partly as storage. It is not a
separate building.
11. Saint Paul Legislative Code §64.203 sets forth the procedure for applying
for a variance from a zoning provision. Currently there is a one-year moratorium in
existence for the White Bear Avenue Area, and the Applicant would be unable to appiy
for a variance from the distance requirements of the zoning code at this time. The
moratorium is in effect at least to December 22, 2001.
12. Charles Repke, a representative of District 2 Community Council, the
neighborhood organization for the area in which the business wishes to locate,
appeared at the hearing in support of LIEP staff's interpretation of the zoning code. He
testified that the community has an interest in consistent interpretation of the provisions
of the code so that they can be aware of what types of businesses might be able to
locate in any given building or area. He voiced concern that a business which would
otherwise he prohibited at a location might be able to circumvent the provisions of the
code by reconfiguring interior walls.
9 City's Exhibit 3.
3
Based upon the foregoing Findings of Fact, the Administrative Law Judge makes
the following:
CONCLUSIONS
1. The St. Paul City Council and the Administrative Law Judge have
jurisdiction in this matter pursuant to Minn. Stat. §§ 14.55 and 53A.02 and Saint Paul
Legislative Code §§ 310.05, 310.06 and 381.02.
2. The City of Saint Paul has fulfilled all relevant substantive and procedural
requirements of law and rule.
3. The City of Saint 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 Saint Paul Legislative Code Chapter 381.
4. Saint Paul Legislative Code § 381.03(b)(10) provides that a currency
exchange license may be disapproved if:
The applicant or its proposed business location does not comply
with applicable zoning, building, fire and health codes.
5. Saint Paul Legislative Code § 60.542(4) permits currency exchange
businesses in a B-2 Zone Community Business District "when located at least
one hundred (100) feet from any residential lot in a residential district or at least
one hundred (100) feet from any residential lot occupied with a one-, two-, three-,
four-, townhouse, or multiple family dwelling, measured from the closest point of
the building in which the business is located to the closest residential property
line."
6. The City's zoning stafE has consistently interpreted this ordinance to
require measurement from the outside wall of the building in which the business
is to be located closest to the residential property, and that interpretation is a
reasonable one.
7. The addition to the Snyder's store is not a separate building for the
purposes of ineasuring the distance from the nearest residential 1ot, and Mr.
Hawkins properly used a point on the eastern end of the addition as the point on
the building from which to measure.
8. The proposed location of the currency exchange business does not
meet the requirements of the Saint Paul Zoning Code.
Based upon the foregoing Conclusions, the Administrative Law Judge makes the
following:
0
RECOMNIENDATION
IT IS RECOMMENDED that the Saint Paul City Council deny approval of the
currency exchange license application of Unbank Company, LLP, for the premises
located at 1614 White Bear Avenue in Saint Paul.
Dated this 2" day of March, 200'I.
�� � ��
RICHARD C. LUIS
Administrative Law Judge
Reported: Taped, No Transcript Prepared.
NOTICE
Pursuant to Minn. Stat. § 53A.04, the Saint Paul City Council 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 approvai or disapproval. if
the application is denied, the Commissioner shall mail notice of the denial and the
reason therefor to the Applicant.
MEMORANDUM
Unbank maintains that because the premises of the proposed business itseif are
more than 100 feet ftom the nearest residential property, its application does not conflict
with the City's zoning code. It argues that the building in question is a series of different
addresses, and the relevant measurement should be from a point on the "original" wall
of the building directly behind where the premises of the business would be located.
This would result in the business being located more than 100 feet away from the
property at 1818 Idaho Avenue East.
Wendy Lane, the zoning manager for LIEP, testified that the section of the
Zoning Code applicable to currency exchanges was relatively recent, and was enacted
to insure that there were separation requirements between businesses of this type and
residential areas. The City's zoning staff has consistently interpreted this section of the
ordinance to require that the measurement be from the portion of the outer wall closest
to the residential area. In this instance, the eastern e�ension of the building on the
Snyder's end of the strip mall is the closest portion of the building to the property at
1818 Idaho Avenue East.
Ms. Lane noted that a previous applicant, Pawn America, had been denied a
currency exchange license at 1546 White Bear Avenue under the same provision of the
5
zoning code applicable here. In that instance, Pawn America intended to operate space
in the middle of the building but ihe measurement was taken from the side of the
building, which was the wal{ closest to nearby residences. Paw� America withdrew its
license application for a currency exchange.
The City's zoning staff has also denied an application for a biliiard hall where the
tenant space was in the middle ofi the building but the building's outer walf was only 17'
away from the residential property line across an a{fey, The zoning code's separation
requirements and measurement methods in the ordinance app(icable to such
establishments are the same as the requirements applicable to currency exchanges. In
the billiard hall matter, the applicant applied for a variance to the Board of Zoning
Appeals.
The ApplicanYs major factual argument, that the addition to Snyder's which
brings the building within 100 feet of 1818 Idaho is, in fact, a separate building, has not
been proven by a preponderance of the evidence. The only witness on that issue, Mr,
Tapper, established that an addition was buili but failed to provide any indication that
the addition has an outside west wall standing free and apart from the outside east wall
of the building that existed prior to the construction of the addition. Rather, the record
implies strongly that the "original" (west portion) Snyder's and the addition (added to the
east end of the "original" Snyder's) are, since the construction, all one building. It
appears that the "original" back wall of the building, since the addition was finished, has
simply become an interior wall.
The ApplicanYs other argument is that because the "footprinY' of the premises
proposed for the actual currency exchange business lies more than 100 feet from any
part of the residential Iot, there is no zoning code violation. The Administrative Law
Judge cannot agree. A plain reading of the applicable ordinance provides for
determination of the distance by measuring from the end of the "building", not from the
business premises, to the edge of the nearest residential lot. As noted above, the
relevant point from which to measure on the building in this instance is the back (east)
wall of the addition to Snyder's. This methodology, while resulting here in a harsh
impact on the Applicant, is not unreasonable because it provides certainty and a neutral
consistency to the determination process. The harsh result(s) in +ndividual cases are
tempered by the opportunity to apply for a variance. In this instance, unfortunately for
the Applicant, no variance seems possible now due to the moratorium on building
permits along White Bear Avenue. This appears to leave the Council with no alternative
to a literal application of the language of the ordinance.
The Applicant urges that it is unreasonable to deny its application because of its
location within the walls of a larger building that reaches, at some distance away from
its proposed location, to the proximity of a residential zone, in light of the fact that no
distance issue would exist if its "footprinY' was that of a free-standing buifding. The ALJ
discounts this argument because it is immaterial. The facts of this case involve the
boundaries of the "building" the Applicant hopes to occupy, which extends beyond the
proposed business premises. The issue raised by the Applicant, whether the ordinance
is unreasonable as applied to applicants proposing to locate in strip malls or other large
0
buildings, is beyond the jurisdiction of the Administrative Law Judge in this proceeding.
Relief would be possible in most instances because of the opportunity to apply for a
variance, but the moratorium seems to bar that for now at the location in question.
R.C.L.
STATE OF MINNESOTA)
) �
COUNTY OF HENNEPIN)
AFFIDAVIT OF SERVICE BY U.S. MA1L
Debra S. Aws, being first duly sworn, hereby deposes and says that on
the 2 day of March, 2001, at the City of Minneapolis, county and state
aforementioned, she served the attached Findings of Fact, Conclusions and
Recommendation; Docket No. 7-6020-14112-3 by depositing in the United States
mail at said City of Minneapolis, a true and correct copy thereof, properly
enveloped, with first class postage prepaid and addressed to the individuals
named herein.
Fred Owusu, City Clerk
City of St. Paul
170 City Hall
15 West Kellogg Blvd.
St. Paul, MN 55102
Virginia D. Palmer
Assistant City Attorney
400 City HaU
15 West Kellogg Boulevard
Saint Paul, MN 55102
Daniel N. Rosen
Rosen and Rosen
150 South Fifth Street, Suite 3250
Minneapolis, MN 55402
C�" V� .,� ��
Debra S. Aws
Subscribed and sworn to before me
this n�� day of March,
.. °•,"`�� MICHAEL W. LEIMS
rwr�qr vtreuc - �en�r�
v , � ; MYC�MMISSIONEXPIflES
�r`��'�`` JANUARY31.2005
OFFICE OF THE CITY ATTOIL�IEY
C[nytors M. Robinsors, Ja, City Artorney
CITY OF SAINT PAUL
Norm Cofeman, Mnyar
��C�`���
Civil Dis•ision
February 15, 2001
01 FEB 2� �?� 9 ` R �
�^, .'" -^ t j j _
U�'u::�J � i t^
HEARI�vS Y
400 Cip� Hnll Te[ephone: 65f 266-8710
IiWestKellogg8lyd Facsimile:6.51298-56l9
Saint Pn�d. Hfinnesotn 5510?
NOTICE OF RE-SCHEDULED HEARING
AND
NOTICE OF COUNCIL HEARING
Mr. Dan Rosen
Rosen & Rosen
150 South 5"' Street, Suite 3250
Minneapolis, Minnesota 55402
RE: Currency Exchange License Application submitted by Unbank Company, LLP d(U/a
Unbank Company, LLP for the premises located at 1614 White Bear Avenue in St. Paul
Dear Mr. Rosen:
As we discussed, we have now re-scheduled the administrative heazing to Monday, February 26,
2001. The heazing will begin at 10:00 am., in the Ramsey County Commissioners Office, Room
220 City Hall, Conference Room C. The State of Minnesota Office of Administrative Hearings as
re-assigned this matter to Judge Richard C. Luis (612-349-2542).
Additionally, given the time constraints for a response to the Minnesota Departrnent of Commerce
on your client's application for a currency exchange license, and in anticipation of timely receipt of
the Administrative Law Judge's report, we have also scheduled this matter for public heazing in front
of the Saint Paul City Council, City Council Chambers, Third Fioor, Saint Paut City Hall, on
Wednesday, March 7, 2001. Public hearings begin at 530 p.m..
If you have any questions, I can be reached at 651-266-8710.
Sincerely,
�o ,. u.t,� '� � aJ�-.�c�
Virginia D. Palmer .
Assistant City Attomey
cc: LaVon Regan, Office of Administrative Hearin�s, 100 Washington Square, Suite 1700,
Mpls, MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Roger Curtis, Director, LIEP
Christine Rozek, LIEP
Chuck Repke, Community Organizer, District 2 Community Council, 1961 Sherwood Ave.
E., St. Paul, M�I 55119
D9.�'IEL � ROSES
J. CHRISTOPHER JOkL\STO�
�C�ILCLaM 5. ROSE� (1930.1999)
LAW OFFICES
ROSEN 8z ROSEN
LLC
Ij0 SOLTH FIFCH SIREET
StiII"E 3?�0
�II\:�E�POLIS. M�:� j�0?
February 28, 2001
VIA FACSINIILE # (6121349-2665 & U.S. MAIL
The Honorable Richard C. Luis
Administrative Law Judge
Oifice of Administrative Hearings
100 Washington Squaze, Suite 1700
Minneapolis, MN 55441
1'ELEPHOA"E 1612) 69�-2�
R � C � � �� � �'ELECOPIER (612) 692-2Ti4
�l �k�R -� �?� g� 4�
� �,,:., L
HJ��I�i��.� 1 i�t� `� ��t
�i�r
Re: Currency Exchange License Application submitted by Unbank Company, LLP for
1614 White Bear Avenue, St. Paul
Ow- File No. 9531
Dear Judge Luis:
Enclosed herewith and submitted to you in the above-referenced matter, please fmd
Proposed Findings of Fact, Conclusions of Law and Recommendation of Administrative
Law Judge.
R ectfully submi ed,
Daniel N. Rosen
DNR/jmt
Enclosure
cc: Virginia Palmer
Unbank Company, LLP
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE COUNCII, OF
THE CITY OF SAINT PAUL
In Re the License Applicarion of Unbank FINDINGS OF FACT,
Company, LLP d/b/a Unbank Company, LLP CONCLi3SIONS OF LAW
AND RECONIl�4ENDATION
OF ADNIINISTRATIVE LAW
JUDGE
The above-captioned matter came on for hearing before the undersigned
admnustrative law judge on Monday, February 26, at the St. Paul City Hall, upon the
request of the City of St. Paul for a recommendation by an administrative law judge
regarding the application of Applicant Unbank Company, LLP. The sole issue in dispute
is whether the location of a currency exchange at 1614 White Bear Avenue, St. Paul, is
permitted pursuant to St. Paul Zoning Ordinance section 60.542 (4). Based upon the
evidence presented at said hearing, the arguments of counsel, and all files, records and
proceedings herein, the undersigned administrative law judge hereby makes the following
�ndings of Fact:
1. The premises in which applicant proposes to locate a currency exchange is at
1614 White Bear Avenue, 5t. Paul.
2. The zoning classification of 1614 White Bear Avenue is B-2.
Saint Paul Zoning Code § 60.542 permits currency exchanges in a B-2 district
when "the business 3s located at least one hundred (100) feet from any residential
lot in a residential district or at least one hundred (100) feet from any residential
lot occupied with a one-, two-, thre�, four-, townhouse, or multiple-fanuly
dwelling, measured from the closest point of the building in which the business is
located to the closest residential properry line."
4. All of the premises at 1614 White Beas Avenue within which applicant proposes
to locate a currency exchange are more the 100 feet from the neazest residenfial
lot.
Conclusions of Law:
The location of a currency exchange at 1614 White Beaz Avenue, St. Paul,
complies with the requirement of St. Paul Zoning Ordinance section 60.542 (4).
RECOMMENDATION OF ADIVTINISTRATIVE LAW JUDGE
The undersigned administrative law judge hereby recommends that the application of
Unbank Company, LLP be granted.
Dated: Mazch,, 2001
Richard C. Luis
Administrative Law Judge
OFFICE OF THE CITY ATTORNEY
Clayton M. Robtnson, Jn, Ciry Attorney
CITY OF SAINT PAUL R E C E I V E�l D���s=on
Nonrs Coleman, Mayor 400 Ciry Nall Telephone: 65/ 266-8710
f1t ;LL't�{ As`� ��KelloggBlvd. Facsimtle:651298-56l9
u 1�H� � ain`t' aul, Minnesot¢ 55102
Hll'C'',iiii5'i p��+. l i7 �
F iUN�(��/U�
February 28, 2001
The Honorable Richazd C. Luis
Administrative Law Judge
Office of Administrative Hearings
100 Washington Square, Suite 1'^vC
Minneapolis, MN 55401
RE: In Re the License Application of Unbank Company, LLP, d/b/a Unbank Company, LLP
for the premises at 1614 White Bear Avenue in Saint Paul
OAH File #7-6020-14112-3
Dear Judge Luis:
Enclosed please find the Office of LIEP's proposed Findings of Fact, Conclusions and
Recommendarion in the above-entitled matter. A copy has been served upon counsel for the
Applicant, Daniel Rosen, by United States mail, and by fas as well.
Sincerely,
�� � �-('��
���
Virginia D. Palmer
Assistant City Attomey
cc: Daniel Rosen
OAH FILE NUMBER 7-6020-14112-3
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARIlVGS
FOR THE CITY COUNCIL OF THE CITY OF SAINT PAUL
In Re the License Application of Unbank
Company, LLP, d/b/a Unbank Company,
LLP for the premises at 1614 White Bear
Avenue in Saint Paul
FINDINGS OF FACT
CONCLUSIONS AND
RECONIMENDATION
The above-enritled matter came on for hearing before Administrative Law Judge Richard
C. Luis, serving as a hearing offfcer for the Saint Paul City Council on February 26, 2001 at
10:00 am. in Room 220 of the Saint Paul City Hall-Ramsey County Courthouse. The record
was held open for submission of proposed Findings of Fact, Conclusions and Recommendation
until 430 on February 28, 2001.
Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Kellogg Boulevard,
Saint Paul, MN 55102, appeared on behalf of the Office of License, Inspections and
Environmental Protection (LIEP). Daniel N. Rosen, Rosen and Rosen, 150 South Fifth Street,
Suite 3250, Minneapolis, MN 55402, appeared on behalf of the Applicant, Unbank Company,
LLP.
NOTICE
This Report is a recommendation, not a final decision. The Saint Paul City Council will
make the final decision after a review of the record and may adopt, reject or modify these
Findings of Fact, Conclusions and Recommendation. Pursuant to Saint Paul Legislative Code
§310.05(c-1) the City Council will provide the applicant an opporhxnity to present oral or written
argument to the City Council before it takes final action. Parties should contact the Saint Paul
City Council to determine the procedure far presenting arguxnent.
STATEMENT OF ISSUE
Has the applicant met its burden of showing that at meets the requirements of the Saint
Paul zoxung code for a currency exchange license at the location where it intends to locate?
Based upon all of the proceedings herein, the Administrative Law Judge makes the
following:
FINDINGS OF FACT
1. On 7anuary 11, 2001 the Department of Commerce forwarded an application for a
currency exchange license to the City of Saint Paul. The application was submitted in the name
of Unbank Company, LLP, for premises located at 1614 White Beaz Avenue in Saint Paul. 1
2. Unbank is a Limited Liability Partnership, incorporated in Miimesota. Gary A. Dachis
and Stuart D. Tapper, President and Vice-President respectively, are each listed as 50% owners. Z
At the hearing, Stuart Tapper testified that Jean Williams would also have some ownership
interest in the business.
3. Upon receiving the applicarion from the State of Minnesota, the Office of License,
Inspections and Environmental Protection for the City of 5aint Paul sent notice of the license to
neighborhood groups and notice was also published of the receipt of the application in
accordance with Saint Paul Legislative Code §381.02(a). 3
4. The currency exchange is proposed to be located inside a strip mall located at Hillcrest
Shopping Center on White Beaz Avenue. The business will be located inside the building which
is on a pazcel of property bounded by White Bear Avenue to the west, Gary Street to the east,
Idaho to the north and Iowa to the south. ° This piece of property is all identified by a single
property identification number as one parcel.
5. The Deputy Director of LIEP referred the application to Jeff Hawkins, a zoning specialist in
the LIEP office, to determine whether the proposed location met the requirements of Saint Paul
Legislative Code §60.542. 5
6. Section 60.542 sets out the principal uses permitted in a B-2 Community Business District.
Subdivision (4) addresses currency exchanges, wluch are permitted "when located at least one
hundred (100) feet from any residential lot in a residential district or at least one hundred (100)
feet from any residential lot occupied with a one-, two-, three-, four-, townhouse, ar multiple
family dwelling, measured from the closest point of the bualding in which the business is located
to the closest residenrial property line."
' City's Exhibit 1.
� City's E�ibit 1
3 City's E�ibit 6
' City's Eachibit 7
5 This was the secrion of the Saint Paul Legislative Code at the rime the matter was
referred to Mr. Hawldns. Since that time, the section has been renumbered, and is now Saint
Paul Legislative Code §60.542, but the wording has not been changed.
6. Mr. Hawkins went to the property to measure the distance from the building to a house
located across Gary Street, which was the neazest residential iot. The address of that properry is
1818 Idaho Avenue East.
7. Mr. Hawkins consulted with Wendy Lane, the zoning manager for LIEP, to determine the
appropriate way to measure. She advised him that the method of ineasurement in the code
requires measurement from the outside wall of the building closest to the residential lot.
8. From the northeast corner of the building to the fence line of the lot measured as 56 feet.
Therefore, Mr. Hawkins denied zoning approval for the license application as it did not meet the
requirements of the zoning code 6
9. On January 30, 2001 the City issued a Notice of Hearing on ?he application which set a
hearing date for February 12, 2001.'
10. The hearing was re-scheduled to February 16, 2001 at the request of the Applicant, and then
rescheduled again for February 26, 2001. 9 The City's Notice of Re-Scheduled Hearing is dated
February 15, 2001, and it also sets this matter for a public hearing in front of City Council on
March 7, 2001 in order to meet the sixty-day time requirement of Minn. Stat. §53A.04 (a), for the
local governing body to communicate its approval or disapproval of issuance of the license to the
Department of Commerce.
11. Unbank argued at the hearing that the premises of the business itself are more than 100 feet
from the nearest residential property and that the zoning division misinterprets the code. Unbank
fiu�ther argued that the building in question is a series of different addresses, and that the
measurement should be from the wall of the building directly behind where the premises of the
business would be located. This would result in the business being located more than 100 feet
away from the property at 1818 Idaho Avenue East.
12. The point at which the measurement was taken is the back wall of the space occupied by
Snyder's Drug Store. The building juts out approximately 65' farther at that point than it does at
the wall behind where the business intends to locate.
13. The back outer wall of Snyder's is part of an addition that was built on at a later date than
the original construction. The space in the addition is occupied by Snyder's and is partiy used as
commercial space and partly as storage. It is fully attached to the original structure and not a
6 City's E�chibit 3
' City's E�ibit 2
$ City's E�chibit 4
9 City's E�ibit 5
separate outbuilding.
14. Wendy Lane, the zoning manager for LIEP, tesrified that this section of the code was
relatively recent, and had been enacted to insure that there were separation requirements between
businesses of this type and residential areas. She further tesrified that the zoning staff has
consistently interpreted this section of the ordinance to requare that the measurement be from the
portion of the outer wall closest to the residential azea. In this instance, the extension of the
building on the Snyder's end of the strip mall is the closest point of the building to the property
at 1818 Idaho Avenue East.
15. Ms. Lane tesrified that a previous applicant, PawnAiiierica, had been denied a currency
exchange license at 1546 White Bear Avenue under this same provision of the code. In that
instance, Pawn America intended to operate space in the middle of the building but the '
measurement was taken from the side of the building, which was the wall closest to neazby
residences. PawnAinerica withdrew their license applicarion for a currency exchange.
16. Ms. Lane stated that the sepazation requirements for billiard halls, located in §60.534(3), aze
measured the same way, and that zoning staff had denied an application for a billiard hall where
the tenant space was in the middle of the building where the outer wall was only 17' away from
the residential property line across an alley. In that instance, the applicant applied for a variance
to the Boazd of Zoning Appeals.
17. Saint Paul Legislative Code § 64.203 sets forth the procedure for applying for a variance
from a zoning provisions. Currently there is a moratorium in existence for the White Bear
Avenue Area, and Applicant would be unable to apply far a variance from the distance
requirements of the zoning code.
18. Charles Repke, a representative of Dishict 2 Community Council, the neighborhood
organization for the area in which the business wishes to locate, appeazed at the hearing to testify
in support of LIEP staffs' interpretation of the zoning code. He testified that the community has
an interest in consistent interpretation of the provisions of the code so that they can be aware of
what types of businesses might be able to locate in any given building or area. He voiced
concern that a business which would otherwise be prohibited at a location might be able to
circumvent the provisions of the code by reconfiguring interior walls.
Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the
following:
CONCLUSIONS
1. The City Council of the City of Saint Paul and the Administrative Law Judge have
jurisdiction in this matter pursuant to Minn. Stat. §§ 14.55 and 53AA2 and Saint Paul Legislarive
Code §§ 310.05, 310.06 and 381.02.
2. The City of Saint Paul has fulfilled ali relevant substantive and procedural requirements
of law and rule.
3. The City of Saint Paui has given proper notice of the hearing in this matter, including
proper notice in accordance with the requirements set forth in Minu. Stat. Chapter 53A and Saint
Paul Legislative Code Chapter 381.
4. Saint Paul Legislative Code §381.03(b)(10) provides that a currency exchange license may be
disapproved if:
The applicant or its proposed business location does not comply
with applicable zoning, building, fire and health codes.
5. Saint Paul Legislative Code §60.542(4) permits currency exchange businesses in a B-2
Community Business District "when located at least one hundred (100) feet from any residential
lot in a residential district or at least one hundred (100) feet from any residential lot occupied
with a one-, two-, three-, four-, townhouse, or multiple family dwelling, measured from the
closest point of the building in which the business is located to the closest resadential property
line."
6. Zoning staff has consistently interpreted this ordinance to require measurement from the
outside wall of the building in which the business is to be located closest to the residential
properiy, and that interpretation is a reasonable one.
7. The addition to the Snyder's store is not a separate building for the purposes of ineasuring the
distance from the nearest residential lot, and Mr. Hawkins properly used the northeast corner of
the building as the point on the building from which to measure.
8. The proposed location of the currency exchange does not meet the requirements of the Saint
Paul zoning code.
Based upon the foregoing Conclusions, the Administrative Law Judge makes the
following:
RECOMMENDATION
IT IS HEREBY RESPECTFULLY RECOMMENDED: That the Saint Paul City Council
deny approval of the currency exchange license application of Unbank Company, LLP, for the
premises located at 1614 White Bear Avenue in Saint Paul.
Dated this day of March, 2001.
RICHARD C. LLTIS
Administrative Law Judge
Reported: Taped, No Transcript Prepazed.
NOTICE
Pursuant to Minn. Stat. §53A.04, the Saint Paul City Council is required to forwazd its
approval or disapproval of the license application to the Comxnissioner of Commerce of the State
of Minnesota for the Commissioner's approval or disapproval. If the application is denied, the
Commissioner shall mail norice of the denial and the reason therefor to the applicant. The
applicant, upon denial, may request a further hearing as provided for in Minn. Stat. §53A.04(b).
F�9-28-22e? 14�59 �T PAU�� CITY A?TORtiEY
CITY OF SAINT PAU�,
horm Cofeman, Mayor
February 28, 2Q01
The Honorable Richzrd C. Luis
Administrative Law .Tudge
Office of Administt'atzve Hearings
100 Washington Square, Suite 1700
Minneapolis, MN 55401
55: 298 ���9 P.�1i0%
OFFTCE OF THL� CTTY ATTORNbY
Cfnyton M. Robertsoq, Jr., C/fy d(rornr�
ct�aarv,s,o�
400 Clfy Na11
7J West Ke[lo� BlVd.
SniatPnut, Mannesotn 55102
Telephwre� 65! 266-8il0
facsimi �e: 651 198-56l9
RE: In Re the License Application of Unbank Company, LLP, d/b/a Unbank Company, LLP
for the premises at 16141Vhite Beaz Avenue in Saint Paul
OAFi File #7-6�20-14112-3
Dear 7udge Luis:
Enclosed please find ihe O�ce of T,IEP's proposed Findings of Fact, Conqlusions and
Recommendatipn in the above-entitled matter. A copy has been served upon counsel for the
Applicant, Paniel Rosen, by Unzted States mail, and by fax as well.
Sincerely,
-�/ ��
��`�'
Virginia D. Palmer
Assistant City Attomey
cc: baniel Rosen
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OAH FTLE NCJMBET2 7-6Q20-14112-3
STATE OF MI\'NESOTA
OFFICE OF ADMTNISTRATIVE HEARI�GS
FOR THE CITY COUTTCIL OF THE CITY OF SAP.vT PAUL
In Re the License Application of Unbank
Company, LLP, d/b/a Unbank Company,
�.LP for the premises at 1614 White Bear
Avenue in Saint Paul
FINDING F FACT
C(.aNCLUSIONS AND
TZECOMMENI7ATION
The above-entiCied matter came on For hearing before Administrative LaW Judge Richai�d
C. Luis, serving as a hearing officer for the Saint Paul City Cotulcil on February 26, 2001 at
10:00 a.m. in Room 22� of the Sai�1t Paul City Hall-Ramsey County Courthouse. The record
was held open for sul�miSSion of proposed Findings of Fact, Conclusions and Recommendation
until 4:30 on February 28, 2001.
Virginia D. palmer, Assistant City Attorney, 400 City Hall, I S West Keilogg Boulevard,
Saint Paul, MN 55102, appeared on behalf of the Office of License, Inspections and
Environmental Protection (LIEP). Daniel N. Rosen, Rosen and Rosen, 150 South Fi$h Street,
Snite 3250, Minneapplis, MN 55402, appeared on behalf of the Applicant, Unbank Company,
LLP.
NOTI E
'T"his Report is a recpmmendation, not a final decisiop. The Saint Paul City Council will
make the final decision after a review of the recoTd and may adopT, reject or modiFy these
Pindings ofFact, Conclusions and Recommendation. Pursuant to Saint Paul Legislative Code
§32�.05{c-1) the City Council will provide the applicant an opportunity to present oral or written
argument to the City Councii before it takes final actiorl. Parties should Contact the Saint Paul
City Council tp determine the procedure for presenting argtunent.
STATEMENT OF ISSTJE
Has the applicant met its burden of showing that it meets the requirements af the Saint
Faul zoning code for a currency exchange license at the locacion where it intende to ]ocate?
Based upon all of the proceedings herein, the Administrative Law Judge makes the
foIlowing:
FEB-28-2ee1 i4�59 �T PRL'L CITY RTTORNEY 651 298 5519 P.e3i27
FI�IDI]�;GS OF FACT
1. On January 11, 20Q1 the Depariment of Commerce forwatded an appIication for a
currency exchange license to the City of 5aint Paui. The application was submitted in the name
of Unbatlk Company, LLP, for premises located at 1614 White $ear Avenue in Saint Paul. '
2. tinbank is a Limited Liability Partnership, incorporated in Minnesota. Crary A. Dachis
and 3tuart p. Tapper, Presldent and Vice-Pzesident respaciively, are each lisied as 50% owners.
At the hearing, Stuart Tapper testified that 7ean Williams wauld also have some ownership
intecest in the business.
3. Upon receiving the appliCation from the State of Min�esota, the Office of License,
Inspeetions and Environmental p"rotection for the City of Saint Paul sent notice of the license to
neighborhood grougs and notice was also published of the reeeipt of the applicaEion in
accordazlce with Saint Paul Legislative Code §381.02(a). 3
4. The currency exchange is proposed ta be located inside a strip mall located at Hilicrest
Shopping Center on White Bear Avenue, The business wi]I be located ineide the buildirig which
is on a parccl of property bounded by White �ear Avenue to the west, Gary $ireet to the east,
Tdaho to the north and Iowa to the south. ^ This piece of property is all identified by a single
property identification number as one parcel.
5. The Deputy Director of I,IEP refened the application to Jeff Aawkins, a zoz�ing specialjst in
the LIEP office, to determine whether the proppsed location met the requirements pf Saint Paul
Legislative Code §60.542. 5
6. Section 60.542 sets nut the principal uses permitted in a$-2 Co�munity $usines& District.
5ubdivision (4) address�s currency exchanges, which aze permitted "when lqcated at ieast one
hundrEd (100) feet from az3y residentia] �pt in a residential district px at least ane hundred (I0�)
feet from any residential lot occupied with a one-, two-, three-, four-, townhouse, pi multiple
family dwelling, measured from the closest point of the building in whiCh the business is located
to the clpsest residential proparty line."
' City's Exhibit 1.
Z City's Exhibit
3 City's Exhibit 6
° City's Exhibit 7
' This was the section of the $aint Paul Legislative Code at the time the matter was
referred to Mr. �Tawkins. Since that time, the section has been renumbered, and is now Saint
Paul Legislative Code §60.542, but the vyording has not been changed.
�EH-28-20e: ':5��� S? PRUL CITY RTTORNEY 651 Z°8 5619 P.04i07
6. Mr. Hawkins went to the property 4o measure the distance £rom the building to a house
located across Gary Street, which was the nearest residential lot. The address of that property is
i S 18 Idaho Avenue East_
7. Mr. Hawkins consujted with Wendy Lane, the zoning manager for LIEP, to deteanine the
appropriate way to measure. She advised him that the method of ineasurement in the code
requires measurement &om Yhe outside wa]] of the building closest to ihe residential lot.
8, From the nottheast corner of the building to the fenee line of the lot measured as 56 feet.
Therefoce, iVlr. Hawkins denied zoning approval for the license applic�tipn as it did not meet the
requirements of the zoning code.
9. On January 30, 2001 the City issued a Notice of Hearing on the application which set a
hearing date for February 12, 2001?
10. The hearing was re-scheduled to February 16, 2001 at the request of the Applicant, and then
rescheduled again for FebTUary 26, 2001. 9 The City's Notice of Re-Scheduled Heazing is dated
Febntary 15, 2001, and it also Sets this matter for a public hearing in front of City CounCil on
March 7, 200I in ordez' to meet the sixty-day time requirement of Minn. Stat. §53A.04 (a), for the
local governjng body to Gommunicate its approval or disappTOVaI of issuance of the license tq the
Department of Commexce.
1 l. Unbank argued at the he�ing that the premises of the business itself at�e more ihan 100 feet
from the nearest residenfiat property and that the zoning division misinterprets the code. Unbank
further azgued that the bnilding in question is a series of different addresses, and that the
measurement should be from the wall of the building directly behind where tha premises of the
business would be located. This would result in the business being located more than 100 feet
away from the property at 1818 Idaho Avenue East.
I2. The point at which the measurement was talcerl is the back wall of tha space occupied by
Snyder's Drug Store. The building juts out �pproximately 65' farther at that point than it does at
the wall beh�nd where the business intends to locate.
13. The back outer wall of Snyder's is part of an addition that was buiit on at a later date than
the original Construction, The space in the addition is occupied by Snyder's and is partly used as
commercial space and pat�tly as storage. It is fully actaChed to the original structure and not a
6 City's Exhibit 3
' City's Exhibit 2
e Gity's E�ibit 4
' City's E�ibit 5
=EB-28-2e0? 15�2a �T PFUL CITY RTTORNEY 651 298 5619 P.aSi07
sepazate outbuilding.
14. Wendy Lane, the zoning manager for LI�P, testified that this section of the code was
relativety recent, and had been enacted to insure that there were separation requiremenis between
businesses of this type and residential ateas. She furthar testified that the zoning staff has
consistently lnterpreted this section of the ordiriance to requiie that the measurement be from the
portion of the outer waIl closest to the residential area. Tn this instance, the extension of the
building on the Snyder's end of the strip mall is the closest point of the building to the property
at 1818 Idaho Avenue East.
15. Ms. Lane testified that a previous applicant, PawnA,merica, had been denied a currency
exchange license at 1546 White Bear Avenue under this same provision of the co@e. In that
instance, Pawn America intended to operate space in the middle q�'tkle building but the
measurement was taken from the side of the building, Which was the wall Closest to neaTby
residences. PawnAinerica withdrew their license application for a currenCy exchange.
16. Ms. T.ane stated that the sepaiation requirements for billiard halls, located in §60,534{3), arc
measured the same way, and that 2oning staff had denied an applicatiori for a billiard ha]I where
the tenant space was in the middle of the building where the outer wall was only 17' away from
the residential propeMy line across �n alley. In that instance, the applicant applied for a variance
to the Board of Zoning Appeals.
17. Saint Faul Legislative Code § 64.203 sets forth the proCedure for applying for a vaiiance
from a zoning provisions. Currently therc is a znoratorium in existenca for the White Bear
Avenue Area, and AppliCant would be unable to apply for a variatice from the distance
requirements of the zoning code.
18. Charles Repke, a representative of Dis�ict 2 Community CounCii, the neighborhood
organization for the area in which the business wishes to IocaCe, appeared at the hearing to testify
in support of LIEP sta£fs' ipterpretation of Yhe zoning code. He testified that the community has
an interest in consistent interpretation of the provisions of the Code so thai th�y Can be aware of
what types of businegses might be able to locate in any given butlding or area, He voicad
concem that a business whieh would otherwise be pTOhibit�d at a Iocation might be able to
circumvent the provisions of the coda by reeonfiguring anterior walls.
Based upon the foregoing Findings ofFact, the Administrative Law Judge makes the
following:
�ONCLCJSIONS
1. The City Council of the City of Saint Paul and the Administcative T.aw ,Tudge have
jurisdiction an this inatter pursuant to Minn. Stat. §§ 14.55 and 53A,02 and Saint Paul Legi&lative
Code §§ 310.05, 310.Q6 and 381.02,
FEB-28-20a1 15�00 �T PAUL CITY RTTGRNEY 651 2°B 56:9 F.05ie7 `
2. The City of Saint Paul has fulfilled all reIevant substantive and procedural requirements
of law and rule.
3. The City of 3aint 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 S3A and Saint
Paul Legislative Code Chapter 381.
4. Saint Paul Lagislative Code §381.03(b)(10) provides that a currency exchxnge license may ba
disappxovedi£
The applicant or its proposed business lacation does not compiy
with applicable zoning, buitding, fire and health codes.
5, Saint Paul Legislative Code §6Q.54Z(4) permits cucrency exchange businesses in a B-2
Community Business Distcict "when iocated at least one hundred (100) feet from any residential
lot in a residential dishict or at ieast one hundred (104) faet from any residential lot occupied
with a one-, two-, three-, four-, townl�ouse, or multiple faznily dwelling, measured from the
cIosest point of the building in which the business is located to the Closest rasideritial property
line-"
6. Zoning staff has consistently interpreted this ordinance to require measurement from the
autside wall of the building in which the bosiness is to be looated closest to the residential
property, 2nd that inteipretation is a reasonable one.
7. The addition to the Snyder's store is not a separate building for the putposes of ineasuring the
distance from the nearest residential Iot, and Mr. Hawkins properly used zha northeast comer of
the buiiding as the point on the building �com which to measure.
8. The proposed location of the culrency exchange does not meet the requirements of the Saint'
Paul zoning Code.
aased upon the foregoing Conclusions, the Administrative Law Judge makes the
following:
RECOMMENbATION
IT IS HEREBy RESFECTFIJLT.Y RECOMMENAED: T'hat the Sain4 Paul City Councii
deny approval of the Cturency exChange license applicarion of Unbank Company, LLP, for tha
premises located at 1514 Whitc Bear Avenue in Saint Paul.
Dated this day of March, 2001.
rEH-28-2�01 lS�e1 S� PRUL C?TY ATTORNEY
651 298 5619 P.07i07
RfCHARTa C. LU'TS
Administrative Law 7udge
Reported: Taped, No Transcript Prepazed.
NO_, TICE
Pursuant to Minn. 5tat. §53A,04, the Saint PauI City Courzcil is required to forward its
approval or disapproval of the license app�iCation to the Commissio�er of CommerCe of the State
of Minnesota for the Commissioner's approval or disapprovaL If the applica$ion is denied, the
Commissioner shall mail notica of the denial arld the reason therefor to the applicant. The
appliC�t, upon denial, may request a fiuther hearing as provided for in Minn. Stat, §53A.OA(b).
i cT��_ � . ��
Se^t By: FOSEN & RCS�N LLC;
612 692 2774; Feb-28-G1 4:44FM; Pege 1
LAW OFFIC$$
1205EN & ROSEN
LLC
150 SOUTH FIFTH STREET
SUITE 3250
MINNEAPOLIS, MINN$SOTA 5>402
(612) 592-2777
FAX: (612) 692-2774
FACSIMILETRANSMITTALSAEET
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COMYANY: DAIE:
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FAX NUMBER: TOTAL NO. �F PAf,rE3 CNCL'JD[NG COVER:
PHONE NUMBER�
NOTESiCOMMENTS�
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February 28,2001
VIA FACSIMILE # 6l2 349-2665 & U.S. MA1L
The Honorable Richard C. Luis
Administrativc Law Judgc
Office of Adminislratzve Hearings
100 Washington Square, Suite 1700
Minneapolis, MN 55401
Re: Currency Exchangc License AppIication submitted by Unbank Cnmpany, LLP for
1614 Wizite Beaz Avenue, St. Paul
Our File No, 9531
Dear 7udge Luis:
Encloscel herewath azid submitted 1v you in the above-referenced matter, please find
k'roposed Findings of Fact, Conclttsions of I�aw and Recommendation of Administrative
T,aw Judge.
R�.sneCtfully submi ted,
�
Daniel N. 1�osen
DNRIamt
E»closure
cc; Virginia Palmer
Unbank Compuiy, LL'P
Se^,i By: ROSEN & ROSEN LLC;
�
1
612 692 2774; Feb-^e8-01 4:44PM; P2ge 4/4
lot occupied with a one-, two-, three-, fo��z-, townhousc, or multipte-fazuily
dwciling, measured from the closest poin: of tne bu;ld',ng in which the business is
located to the e(osest residential property lir.e."
All of the p*emises at 1614 White Bear Avenue within which a? plicant proposes
to locate a currency exchactge are more the l00 feet from the nearest reszdential
lot.
Conclusions of Law:
The loeation of a currency exchange at 1614 White Beaz Avenue, St. Paul,
complies with the requirement of St. Paul Zoning Ordinance sectiqn 6Q.542 (4).
RECOMMENDATION OF ADMINISTRATIVE LAW JUDGE
"1'he undersigned administrative law judge hereby recommends that the application of
iJnbnnk Company, LLP be gr.anted.
Dated: Mazch `, 2�01
Richazd G. Luis
Administrative Law 7udge
�
FEB -28'O1(WED) 16:27
OFFICE OF ADMIN.HEARING
TEL 6123492665
P. 001
TR.4NSACTION REPORT
Reception
Transaction(s) completed
:'O. TX DATE/TIME DESTINATIO�
657 FEB.28 16:25 612 692 2774
DURATION PGS. RESULT MODE
O° 00' S9" 004 OK N ECM
Se�t 3y: ROSEN & ROS"cN ��C;
.
612 692 2774; Fec-28-^ui 4:44PM; Page 3/4
OFFICE OF ADMtNISTRATIVE HFARItiGS
FOR THE COTP.VCIL QF
THE CITY OF SAINT PAUL
In Rc the License Applicatiou ofUnbunk
C`ompany, T.LP d(bfa L7nbank C;ompany, LLP
FINDTNCS QF FACl',
COIVCLUS�ONS OF I,AW
AND RECOMMENUATION
OP' ADMIIVISTRATIVE I.,AW
J[TDGE
The above-captioned matter came on for hearing hefnre the undersigned
�uiministraAve law judge on lyiond.ay, Febr�tary 26, at the St. Paul City Hali, upon the
request of the City of St. Aaul for a recommendation by an adzninistrative law judge
regarding the appiication of Applicarit iJnbank Company, LLP. The sole isstac m dispuQe
is whether the location of a currency exchanbe at 1614 White Bear Avenue, 5t. Paul, is
permitted pursuant to St. Yaul Zoning Qrdinance section 60.542 (4). Based upon the
evidenee presented at said hearing, the azgumcnts of counsel, and all files, records and
}?roceedings herein, the undersigned ac9ministrative law judgc hereby makes the following
Findings vf Fact:
1
2.
The premises in which applicanl proposes to locatc a currency exchange is at
1 G 14 Wlute Beaz Avenue, Sl. Paul.
The zoning classification of 1614 White Bear Avenue is B-2.
3- Saint Paul Zonin�; Code § 60.50.2 pezznits currency cxchanges in a�-2 district
when "the business is located af least one hundred (100) feet from any residerttial
iol in a residcntial district or at least one hundred (100) feet from any residential
arin �o.r�wrc�
CouncilFile# 9�— �plt3
�OR1GlNAL
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
�:
Committee Date :
2 An interim ordinance adopted pursuant to Minnesota Statute §
3 462.355, Subd. 4, preserving the stahzs quo with respect to ttte nse
4 of property in the area presentiy under study for the White Bear
5
6
7
Avenue Area Study pending completion of the study and any
possible amendments to the City of Saint PauPs Comprehensive
Plan or Zoning Ordinance necessary to give effect to the study
9 The Council of the City of Saint Paul does ordain:
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Section 1
Statement of legislative intent: The City of Saint PauPs 1999 comprehensive municipal
plan continues Saint Paul's legacy of strong neighborhood azea planning. State law now requires
city zoning regulations to be consistent with the city's comprehensive plan. The 1999 land use
component of the comprehensive Plan calls for refrning neighborhood area planning studies to
insure thaY any amendments to the zonin� code resuIting from nei�hborhood area studies
conform with the comprehensive Plan.
In keepin� wiTh the ciTy's tradition of neighborhood area planning, a study of the White Bear
Avenue Area has been undertaken and is nearing completion. The said study will require
planning commission review and recommendation and Councit approval before it is adopted as
part of the comprehensive plan.
Pending the department of planning and economic development's completion of the said study,
a plannin� commission recommendation to amend The City's comprehensive plan and zonin�
code and ihe Council's adoption of suck recommendations and for the overall purpose of
protecting the City's planning process, a moratorium of timited duration must be enacted for the
purpose of prohibiting developments which may be inconsistent with comprehensive plan
development obj ectives for the White Bear Avenue azea.
Pil3�'�'r�cD
Section 2
,�11�
Moratorium imposed; tands affected: Pending completion of fhe said study and any
other necessary studies or study recommendations, and the adoption of any amendments to the
comprehensive plan and zoning code based upon the study or studies as provided under Minn.
Ordinance #
Green Sheet # 1Q(�_��. $'
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IS
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Stat. § 462.355, Subd. (4), the issuance of plat approvals and lot splits or building and zoning
permits for any pazcel of land or part thereof within the areas of the White Bear Avenue Study � O- by �
Area shall be prohibited for a period of time not to exceed rivelve (12) months from the effective
date of this ordinance.
Section 3
Moratorium, exemnfions: The following are exempted from the moratorium
provisions imposed under Section 2:
1. Building, plumbin„ mechanicai and electrical permits for repairs or minor alterations
to conforming or non-conforming structures, or for work on dangerous or vacant
buildings administered under Leg. Code Chapter 43, or for work on single or multi-
family residential structures or uses.
2. Demolition permits for nuisance buildings pursuant to Leg. Code Chapter 45.
Section 4
The restrictions enacted herein may be extended by the Council of the City of Saint Paul
for additional periods not to exceed an additional eighteen (18) months in the event the studies
and recommendations of the Planning Commission and the deliberations of the Saint Paul City
Council require such extensions.
Section 5
This ordinance shall take effect and be in force 30 days &om and after its passa�e,
approval and publication.
OR(G1�lAL
Requested by Department of:
By:
Adoption Certified by Council Secretary
Form Approved by City Attorney
By: �� !N �H.vr.t� ! /— / � o Q
Approved by Mayor for Submission to Council
�: �� ��--.�- -�---�
Aooroved by Mayor: Date
Sy. _� __ � !�.� ��
I� ' ��S'.f�\�' � '
� �
PllBLISHED
�� 1 i t?f!
Adopted by Council: Date "�,.�.i a,��.d�
§ 64.t02
Sec. 64.IO2. Site plan.
LEG7SLATLVE CODE
All applications for building permits for all new
buildings or building espansions shall be accom-
panied by a site plan, drawn to scale and specifi-
cations, showing the follocving.
(1) The actual shape, location and dimen-
sions ofthe zoning lot.
(2) The shape, size and location of all build-
ings or other structures to be erected,
altered, or moved and of any building or
other structures already on the zoning lot.
(3) The existing and intended use of the zon-
ing lot and of all such structures upon it,
including, in residential azeas, the num-
ber of dwelling units the building is in-
tended to accommodate.
(4) Such other information concerning the
zoning lot or adjoining lots as may be
determined by the zoning administrator
as essential for determining whether the
provisions of this code aze being observed.
(Code 1956, § 64.102)
Sec. 64.163. Building permits.
No building permit shall be issued for the
erection, alteration, moving or use of any building
or structure or part thereof, or for the use of any
land, which erection, alteration, moving or use is
not in accordance with all provisions of this code.
l�TO renewal of an expired building permit shall be
issued for a use or structure made nonconforming
by amendments to this code.
(Code 1956, § 64.103; C.F. No. 93-Z718, § 82,
12-14-93)
Sec. 64.104. Certificates.
Certificates of occupancy as required by the
Saint Paul Legislative Code shall aLso constitute
certification of zoning compliance as required by
this zoning code.
(Code 1956, § 64.1047
Sec. 64.105. Final inspection.
The holder of every building permit for the
construction, erection, alteration, repair or mov-
ing of any building, structure or part thereof shall
notify the zoning administraWr immediately upon
the completion of the work authorized by such
permit, {or a final inspection.
(Code 1956, § 64105)
ARTICLE II. ADMIIII.STRAT'ION
Division 1. 64200. Boazd of Zoning Appeals
Sec. 64.201. Creation and membership.
(a) There is hereby established a boazd of
zoning appeals, which shall perform its duties
and esercise its powers as provided by law in such
a way that the objectives of this zoning code shall
be observed, public safety secured, and substan-
tial justice done. The boazd shall consist of seven
(7) regulaz members and two (2) alternate mem-
bers appointed by the mayor with the consent of
the council. Of the regulaz members, one member
so appointed shall be a member of the planning
commission with appointment coinciding with
planning commission term. The appointments of
the remaining six (6) of the members shall be for
the following period: two (2) members for one
yeaz, two (2) members for two (2) years, two (2)
members for three (3) years. Following the origi-
nal appointments, each member shali be ap-
pointed to hold office for the full three-yeaz term.
The regulaz members of the board of zoning
appeals shall annually elect its own chairman,
vice-chaixwan and secretary. Altemate members
shall serve a term of three (3) years and may vote
on matters before the board only in the absence of
a regular member(s). The compensation of the
appointed members of the board of zoning appeals
shall be fiaed by the council by resolution.
(b) All members of the board of zoning appeals
shall be qualified electors of the City of Saint Paul
and no member shall be an oi'�ncial or employee of
the City of Saint Paul.
(Code 1956, § 64201; Ord. No.17927, § 1, 5-28-92)
Sec. 64.202. Meetings.
All meetings of the board of zoning appeals
shall be held at the call of the chauperson and at
such times as such board may determine. All
meetings conducted by the board shall be subject
Supp. I�o. 41 616.122
ZONING CODE
to all applicable open meeting laws and ordi-
nances. The secreYary, or his representatives,
shall keep minutes of its proceedings ehowing the
vote of each member upon each question, or if
absent or failing to vote, indicating such fact, and
shall also keep records of its hearings and other
official action. Four (4) members of the board
shall consritute a quorum for the conduct of its
business; provided, that no action may be taken
unless at least four (4) members vote in favor of
such action. The board shal] have the power to
administer oaths and, upon order of the district
court, to issue subpoenas, require the attendance
of witnesses, compel testunony and the produc-
tion of books, papezs, files and other evidence
pertinent to the matters before it.
(Code 1956, § 64202; C.F. No. 95-557, § 7, 6-14-
95)
Sec. 64203. Variances.
(a) An application for variance may be filed by
any person having an ownership or leasehold
interest in land and/or building (contingent in-
cluded), of the affected property at any tiane. Such
application shall be filed with a site plan meeting
requirements of section 64.102.
(b) The 6oazd of zoning appeals shall have the
power to grant variances from the strici enforce-
ment of the provisions of this code upon a finding
that:
(1) T`he property in question cannot be put to
a reasonable use under the strict provi-
sions of the code;
(2) 'I't3e plight of the landowner is due to
circumstances unique to his pmperty, and
these circumstances were not created by
the landowner;
Supp.tio.41
616.12.3
§ 64203
ZONIIvG CODE ¢ 64.205
1 -
�
(3) The proposed variance is in keeping with
the spirit and intent of the code, and is
consistent with the health, safety, com-
fort, morals and welfare of the inhabit-
ants of the City of Saint Pau2;
(4) The proposed variance vrill not impair an
adequate supply of light and air to adja-
cent property, nor will it alter the essen-
tial chazacEer of the surrounding area or
unreasonably diminish established pro�
erty values within the surrounding area;
(5) The variance, if granted, would not per
mit any use that is not permitted under
the prorisions of the code for the property
i� the district where the affected land is
located, not would it alter or change the
zoning district classification of the prop
erty; and
(6) T'he request for variance is not based
primarily on a desire to increase the value
or income potential of the parcel of land.
(c) Hardship as described in the finding set out
in subsection (b)(1) above shall include the need
for access to direct sunlight for solaz energy
systems.
(d) In granting a variance, the boazd may
attach thereto such conditions as it deems reason-
able to protect adjacent properties, to ensure a
compliance or to fnrthet the purposes of �?-=_.code.
In granting a variance, the board shall state the
grounds upon which it ju'stifies the granting of a
variance.
(e) A fee to be established by resolution of the
city counci] shail be paid to the zoning adminis-
trator by the applicant when the zequest foz
variance is filed with the boazd of zoning appeals.
Such resolution may provide for waiver or refund
of such a fee under specific circumstances.
(Ord. No. 17038, 7-5-83; C.F. No. 93-1718, §§ 83,
84, 12-14-93)
Editoz'a note--Sections 64203--64206, derived from §§
64203, 64203.s, 64204 of the dty'e 1556 Code. a� ameaded,
�were ameaded by the eame and aubstituting new aections as
follows, pursuaat to Ord. No. 17038, adopted July S, 1983.
Sec. 64204. Administrative appeals.
(a) The board of zoning appeals shall have the
power to heaz and decide appeals where it is
Supp. 2Qo. 36
alleged by the appellant that there is an error in
any order, requirement, -permit, decision or re-
fusal made by the zoning administrator in carry-
ing out or enforcing anq provision of the code.
(b} The board of zoning appeals shall have the
power to heaz and decide appeals of ordezs, &eri-
sions or determinations made by the building
official relative to the application and interpreta-
tion of the state building code.
(c) An appeal may be taken by any person,
firm or corporation, or by any officer, degartment,
board or bureau affected by a decision of the
zoning administrator or building official within
thirty (30) days after the decision appealed from
shall have been served either in person or by mail
upon the owner of the property which is the
subject mattez of the decision rendered by the
zoning administrator or building official. Appeals
shall be frled with the zoning administrator spec-
ifying the grounds thereof. The zoning adminis-
trator shall forthcvith �ansmit to the board a;l of
the papers constituting the record upon which the
action appealed from was taken. An admuustra-
tive appeal shall stay all proceedings, including
criminal proceedings, in furtherance of the action
appealed from unless the zoning administrator or
building official certifies to the board, after notice
of appeal has been filed, that by reason of facts
stated in the certificate a stay would cause immi-,
nent peril to life or property, in which case the
proceedings shall aot be stayed otherc�-ise than by
a restraining order granted by a couzt of compe-
tent jurisdiction.
(d) A fee to be established by resolution of the
council shall be paid by the appellant at the time
the notice of appeal is filed. The resolution may
provide for waiver or refund af such fee under
specific circumstances.
(Ord. No. 17038, § 7-5-83; C.F. No. 95-557, § 8,
s-ia-ss>
Notc�See the editora note following § 64203.
Sec. 64.205 Decision by the board of zoning
appeals.
(a) The board of zoning appeals shaII conduct a
hearing on the appeal or variance applicarion
�cithin thirty (30) days after the appeal or appli-
cation has been filed with the zoning administra-
616.13
¢ 64205
LEGISLATIVE CODE
tor, and shall give duenoticethereoftotheparties
as defined in section 64208, and shall render a
decision on the appeal or application without
unreasonabie delay. Decisions of the board of
zoning appeals shall be final subject to later
appeal to the city counal.
(b) Any person may appeaz and testify at tfie
hearing, either in person or by duly authorized
agent or attorney.
(c) All of the papers constitvting the record
upon which the application or the decision ap-
pealed from was taken, including, but not limited
to, the action of the board of zoning appeals and
the findings of fact, shall be retained in the
permanent files of the office of license, inspection
and environmentat�protection.
(d) After reaching a deci�ion in accordance
with this section, the boazd of zoning appeals
shall prepare a written report, including, but not
limited to, findings of fact and the action of the
boazd, which report will be filed with the office of
license, inspection and environmental protection
without undue delay.
(e) A copy of administrafive appeals coacezn-
ing the F2iver Corridor Districts shall be submit-
ted to the commissioner of natural resources
sufficiently in advance so that the commissioner
srill receive at least ten (10) days' notice of the
board's hearing. A copy of all decisions granting
administrative appeals shall be forwarded to the
commissioner of natural resources within ten (10)
days of such action.
(fl Building permits shall not be issued after
an administrative review has been filed. If per-
mits have been issued before an administrative
review has been filed, then the permits are sus-
pended and construction shall cease until the
board of zoning appeals has made a determina-
tion of the administrative appeal.
(Ord. No. 17038, 7-5-83; C.F. No. 91-531, § 33,
5-6-93; C.F. No. 93-1718, § 85, 12-1493; C.F. No.
96-77, § 7, 2-14-96)
Note—.See the editois aote followiag § 64203.
Sec. 64206. Appeals to city counci2.
(a) The city council shail have the power to
heaz and decide appeals where it is alieged by the
appellant that there is an error in any fact,
procedure or finding made by the boazd of zoning
appeals or the planning commission. An appeal
may be taken to the city council by any person,
firm or corporation or by any officer, department,
boazd or bureau affected by a decision of the boazd
or planning commission. Such appeal shall be
taken within fifteen (15) days after the decision
appealed from sha21 have been duly adopted by
the boazd or commission and shall have been
served either in person or by mail upon the o�rner
of the property which is the subject matter of the
decision. Appeals of decisions by the board shall
be filed with the office of license, inspection, and
environmental protection; and appeals of deci-
sions by the planning commission shall be filed
with the zoning section of the planning division.
Appeals shall specify the grounds thereof and be
accompanied by payment of the required fee.
(b) Building permits shall not be issued after
an appeal has been filed. If permits have been
issued before an appeal has been filed, then the
permits are suspended and construction shall
cease untII the city council has made a final
determination of the appeal.
(c) The city council shall conduct a hearing on
the appeal within thirty (30) days after the ze-
ceipt by the city covncil of the appeal from the
action of the planning commission or the boazd of
zoning appeals. As required under section 64.208,
the city council shall give due notice of the hear-
ing to all interested parties and shall render a
decision on the appeal without unreasonable de-
lay. Any person may appear and testify at the
hearing either in person or by duly authorized
agent or attomey.
(d) A fee to be established by resolution of the
city council shall be paid to the zoning section of
the planning division or the office of license,
inspection and environmental grotection by the
appellant at the time the notice of appeal is filed.
Such resolution may provide for waiver or refund ,
of such fee under specific circumstances.
(Ord. No. 17038, 7-5-83; Ord. No. 17b07, §§ 1, 2,
10-27-88; G.F. No. 96-77, § 7, 2-14-96)
Note�e the editor's note followiag § 64203.
Supp. No. 36 616.14
i
Sec. 54207. Orders.
ZONIIZG CODE
Sec. 64209. Permit, etc., time limit.
§ 64.300
In exercising the above powers, the city council
or the boazd of zoning appeals may reverse or
afnrm, wholly or partly, or may modify the orders,
requirements, decision or determination appealed
from and may make such order, requirement,
decision or determination as ought to be made. Zb
that end, the boazd of zoning appeals shall have
all the powers of the zoning administrator and the
building official, and the city council shall have all
the powers of either the board of zoning appea2s
or the planning commission. All final decisions,
orders, requirements or determinations by the
bcard of zoning appea!s an3/or cit� couaci? sr:11
be in the form of a c�ritten resolution. The city
council shall serve a copy of the resolution upon
the appellant andlor the owner of the affected
property, zoning administrator, planning commis-
sion and boazd of zoning appeals by mail or
personal service. The board of zoning appeals
shall serve a copy of the resolurion upon the
appellant and/or owner of the affected property,
the zoning administrator and the planning com-
mission. Decisions of the city council on all mat-
ters within its jurisdiction shall be final subject
only to judicial review by a court of competent
jurisdiction.
(Gode 1956, § 64.206; Ord. No. 17038, ?-5-83; C.F.
No. 9"ab57, § 9, 6-14-95)
Sec. 64.208. Notice.
The board of zoning apgeals shall make no
decisions, nor shall the city council upon appeal
make any decision, except in a specific case and
after a public hearing conducted by the board and
city council. They shali, by general rule or in a
specific case, detezmine the interested parties
who, in the opinion of each, may he affected by
any matter brought before it, which shaIl in all
minor variance cases include all owners of record
of property within one hundred (100) feet of the
premises in question, and which shall in all major
variance and appeals cases inciude all ocvners of
record of property within ttu'ee hundred fifty
(350) feet of the premises in question. Such no-
tices shall be delivered personally or by mail
addressed to the respective owners at the address
given in the most current Ramsey County prop-
erty ta�cation records.
(Code 1956, § 64.207; Ord. No. 17030, 6-?-83)
Supp.No.36
No order of the board of zoning appeals or the
city council permitting the erection or alteratioa
of a buiiding or off-street pazking facility shall be
valid for a period longer than one yeaz, unless a
building permit for such e-ection or alteration is
obtained within such period and such erection or
alteration is groceeding with the terms of such
permit, uuless the board of zoning appeals or the
city council grants an eztension not to egceed one
yeaz. In granting such eatension, the board of
zoning appeals may decide to hold a public bear-
ing.
(Code 1956, § 64.205; Ord. No. 16907, 4-20-82)
Di�zsion 2. Planning Commission and Plannuig
Administrator
Sec. 64.300. Planning commission and plan-
aing or zoniag administrator ap-
proval.
(a) Application to planning commission. Any
person having an ownership or leasehold interest
in land and/or building (contingent included) is
eligible to file an applicafion with the pianning
commission for:
(1) Site plan approvai;
(2) A permit for a special condition use, d�-
termination of sunilar use, nonconform-
ing use, sign variance, river corridor mod-
ification; or
(3) Other matters provided for in this zoniag
code.
All applications shall be filed on appropriate
forms and with requisite fees.
(b) Planning commission mvieiu; delegafion to
administrator. The planning commission shall
review and approve or deny site plans, permits or
other matters. The planning commission shall
have the authority to impose reasonabie condi-
tions and limitations on site plans and permits; to
grant variances from zoning regulations related
to site plans and permits; and to modify or revoke
permits. The planning commission may, by rule,
delegate to the planning oz zoning admixustrator
its power to reviek• and approve or deny site
616.25
DUPLICATE AFFIDAVIT OF PUBLICATION
State of i�I'innesota, County of Ramsey
Patrick Boulay, being duly swom, on oath says that heJshe is the publisher
or the publisiier's designated agent of the newspaper lmown as the St. Paul
u � E � ���:� Legal Ledger and has full 1�omIedge of the facts which aze stated below:
i;�� xumt� zooi0000zss
purpose; B7ew appllcation £or a State of
nt;nnrsoa G�z�'�ry �1�auBe �
� At 1614 White Hrar Aveaue North
°iPPllrane Unbank Campany 7.i.0 .
a.�n.�. D�Le:
geb:mry 9. 2001 - 4:30 P!l phldsyl
if you Lave any obJections �m the renewel of tFi<
licm.se. ➢w mus[ xesPond in writlng b9 Febxvaxy
s, zooi m:
ca�nn<n. �x �
LiEP DePutY D�mtor . ,
Office of License.lnsPec'tions and
Envhnnmmtal rracecuon
350 St Peter 94eek Suiffi #300
Saint Paul, Minnesota 55102
Or fae To Chrlatlne A Rouk at
(651) 2fi6-9124
If }rou luve an3' 4'iestl°ns Tegardi°B the Hcense
applicatton. Please contac[ Coiinne A Asunctoa.
LIEp prqe�,t gaciiitsYOr, at (651) 266-9106 or
� ChiisUne A Rouk, L1EP UePu$' Dlcector, at
(651j 266-9108.
Notice Maited: Januaxy 26. 2001
. (F<bmuy 1)
S'G YAIIL LF.CAL 7.SOGFdt
020177'S4
(A) The newspaper has complied with all the requirements constituting
qualification as a qualified legal newspaper, as provided by Minnesota Statutes
331A.02, 331A.07, and other applicable laws, as amended.
(B) The printed Notice which is attached was cut from the columns of said
newspaper and was printed and published once; it was published on February 1,
2001.
and printed below is a copy of the lower case alphabet from A to Z, both inclusive,
which is hereby aclmowledged as being the size and l�nd of type used in the
composition and publication of said notice:
abcdefghijklmnopqrstuv�y2
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����BARSAr'i& A. STMARTIN
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(S) Lowest classified xate paid Iry commerclal usexs far compatahle space is $ N/A
(2� Maamum mte allowed by law for the ahove publicatioa is $ 52.fi0
(3) Rate actually chazged for the above publication is $ 47.82
�an� k Company, LLP a Unb� �
— Company, LLP City's Exh. # 6 —
Subscribed and sworn to before me this lst day of February, 2001
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OFFICE OF ADNIINISTRATIVE HEARINGS
FOit THE COUNCIL OF
THE CITY OF SAIN'T PAUL
In Re the License Application of Unbank Company, LLP
d/b/a Unbank Company, LLP
CITY'S PROPOSED
EXHIBITS
February 26, 2001
TO: Judge Richard C. Luis, Administrative Law Judge, Office of Administrative Hearings, 100
Washington Square, Suite 1700, Minneapolis, Minnesota 55401
The following constitutes a list ofthe City's proposed eachibits for the Administrative Hearing
on February 26, 2001.
Exhibit No.
Exh. No. 1
E�. No. 2
Exh. No. 3
Ezch. No. 4
E�. No. 5
E�. No 6
Description
License Application, dated December 18, 2000 with cover letter from the
Minnesota Depart of Commerce, dated January i l, 2001 (14 pp.);
Norice of Hearing, dated January 30, 2001, with Affidavit of Service (4 pp.);
Memo from Jeff Hawkins to Corinne Asuncion and Christine Rozek, dated
Januasy 24, 2001 (1 p.);
Notice of Re-Scheduled Hearing, dated February 9, 2001, with Affidavit of
Service (2 pp.);
NoticeofRe-ScheduledHearingAndNoticeofCouncilHearing, dated February
15, 2001, with Affidavit of Service (3 pp.);
Affidavit of Publication in Legal Ledger, Published February 1, 2001 (1 p.).
�/
Also attached please find courtesy copies of applicable St_ Paul City ordinances:
St. Paul Legislative Code § 310.05
St. Paul Legislative Code § 310.06
St. Paul Zoning Code § 60.542
St. Paul Legislative Code Chapter 381 Currency Exchanges
Mimiesota Statute Chapter 53A Currency Exchanges
Respectfully submitted this 26�' day of February, 2001.
�
��,
Virgi D. Palmer
Assistant City Attorney
Office of The City Attorney
400 City Hall
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
(612)266-8710
� �
[NNESOTA
?ARiMENT OF
)MMERCE
Christine A. Rozek
City of St. Paul
350 St. Peter Street, Suite 300
St. Paul, MN 55102
85 7th Place East, Suite 500
St. Paul, Minnesota 55101-2198
651.296.4026 FAX 651.247.1454 TTY 651.2973067
January 11, 2001
RE: Currency Exchange License Application
Unbank Company LLP
Dear Ms. Kozek:
Enclosed is a copy of an application submitted by Stuart Tapper to operate a currency exchange
business at 1614 White Bear Avenue, St. Paul, Minnesota. The name of the currency exchange
company is Unbank Company LLP.
Minnesota Statute 53A.04 (a) states:
"Within 30 days after the receipt of a complete application, the commissioner shall deny the
application or submit the application to the governing body of the local unit of government in
which the applicant is located or is proposing to be located. The commissioner may not approve
the application without the concurrence of the governing body. The governing body shall give
published notice of its intention to consider the issue and shall solicit testimony from interested
persons, including those in the community in which the applicant is located or is proposin� to be
located. If the governing body has not approved or disapproved the issue within 60 days of
receipt of the application, concurrence is presumed. The commissioner must approve or
disapprove the application within 30 days from receiving the decision of the governing body,
The governing body shall have the sole responsibility for its decision. The state shall have no
responsibility for that decision."
Please respond in writing within 60 days of the receipt of this notice as to the decision of the
governing body regardina the application for the currency exchange operation. If I do noi hear
from you within 60 days, approval will be presumed and the license will be issued. If you have
any questions, please feel free to contact me.
V=�G' yours�
�G�6� �zcti���
Rabin H. Bro�vn
Financial Examinations Division
(651)282-9855
Enclosure
cc: Stuart Tapper, Unbank Company
Enforcement:l.8��.65736�2 Licensi ��■
Energy Information: 1.800.6573710 Unctairt Unbank Company, LLP d/b/a Unbank _�
www.commercestate.mn.us An Equ< Corrtpany, LLP City s Exh. # 1
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�EPARTMENT OF COMMERCE
DNISION OF FINANCIAL EXAMINATIONS
133 EAST 7TH STREET
ST. PAUL, MINNESOTA 55101
(651} 282-9855
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Deputy
A55�.
Chief
Review
Data Entry
CURRENCY DCCHANGE
License Number
Surety Bond Number
, p�a � • " r°a
��
DEC 2 0 2p00
Re¢'d $ �
�
Processing Date
I CURRENCY DCCHANGE ---- Insurance Company -� -- NAIC Number -- I
� LICENSE APPLtCA7lON
The data, which you fumish on this form, wiil be used by the Department of Commerce to assess your
qualifications for a ticense. Disclosure of your socia! securiiy number is vo luntary. Y�ou are no t lega l iy
reGuired to provide th�s data; however, i� yau do not pravide your sociaf securi:y numb2r, the DepaRment
of Commerce may be unable to grant a license. The Department may use social security numbers for
revenue recapture as authorized by Minnesota Statutes, Chapter 270A and for identification purposes.
After issuance of a license, all infoRnation contained in this application, except your sociai security
number, is public pursuant to Minnesota Statutes, Chapter 13.
A. TYPE OF LICENSE
B.
NEW O RENEWAL
INFORMA710N
C
OF
�_��.
OF
(No
\ ,,
�i�
���, �,1���1�
O AMENDED IICENSE
L.�
(:v�1n�
fP CODE
.�?"��o�
cl��a> g�� a�ia�-� �c�,�-� �a2- ���
Check oae: O SOLE PROPRIETORSHIP
O PARTNERSHIP
O CORPORATION OR ASSOCIATION
• .
of
rev
or
Place
i-n Y �.J 'Q
TAX 1D NU 8E
� l `� `l � �i O
� LIMITED LIABILITY PARTNERSHIP
O UMITED LIABILITY COMPANY
.
1 - ,
C. Additional licensed currency exchange locations operated by the applicant (use separate sheet 'rf
additiona! space is needed). l � �
Street Address {P.O. Boxes are not acceptable)
City State
Street Address (P.O. Boxes are not acceptable)
City State
Street Address (P.O. Boxes are not acceptable)
City State
Street Address (P.O. Boxes are not acceptable)
City State
Zip Code
Zip Code
Zip Code
Zip Code
County
County
County
County
I D. Piease provide the names and compiete business addresses of owners, partners, officers, stockhoiders
, (owning 10% or more of the corporate stock), and employees with authority to exercise management or
policy controi over the company.
Full Name O�cial Percent Residence Social Security
Title Ownership Address Number Birth Date
r' r Pt • 4 i, cl � � S Ct, �`F�
v; z :�.- \
1�w[i �'�.Tr.t�pc- �ru<��.a._ �D � �'1`�
ev
2
E. ALL applicants must answer the following questions. If any questions are answerea - Yts,° you
MUST attach a detailed written expianat�on and any legaf documerrtation, if app{icable.
Have you, any aE the owners, partners, oificets, managers, directors, or sharehotders owning more than
10% of the corporate stock
YES NO
O,O 1. Held a currency exchange license in any ofher state other than Minnesotal
If YES, the new license application must include a verification of license certified by the
state(s); all other applicants musi verify that the certification(s) previously submitted is accurate.
O,�1 2. Been tfie subject of any inquiry or investigation by any division of the Minnesota Commesce
Department?
O�. Had any occupational license censured, suspended, revoked, cancelled, temiinated or bPen
the subject of any type of administrative action in any state including Minnesota?
O� Have you ever been charged with, or convicted of, or been indicted for, or entered a plea to,
any criminal offense (felony, gross misdemeanor or misdemeanor), other than traffic
violations, in any State or Federai Court?
O�. Been a defendant in any lawsuit invoiving claims of fraud, misrepresentation, conversion,
mismanagement o4 funds or breach of contract?
O�. Been notified by the Commissioner of Revenue, pursuant to Minnesota Statutes, Section-
270A.72, that you currently owe the State of Minnesota taxes?
O�7. Have any unciaimed property (unclaimed funds or property over 3 years old) to report under
Minnesota Statutes, Section 345.37?
O-0' 8. Filed for bankruptcy or protection from creditors or currently have outstanding unsatisfied
judgment(s)?
O. m' 9. Been a�liated with any other cuRency exchange?
O 1 Q. Will the applicant sell lottery tickets at the licensed location?
I HEREBY CERTIFY THAT ALL INFORMATION CONTAINED IN THIS APPLICATION AND ANY
ACCOMPANYING DOCUMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOVVLEDGE.
i CERTIFY THAT THIS DOCUMENT HAS NOT BEEN ALTERED OR CHANGED IN ANY MANNER FROM
THE FORM ADOPTED BY THE DEPARTMENT OF COMMERCE.
�.
12�1$
Signature of Owner, Partner or Corporate O�cer
Pnnt Name of Owner, Partner, or
Date
Officer
-ev
a
2917 Bryant Ave. S. Suite 5
Minneapolis, MN 55408
LICENSED CURRENCY EXCHANGE
LOCATIONS OPERATED BY UNBANK
COMPANY:
913 West Broadway
Minneapolis, MN 55411
1098 University Avenue
St. Paul, MN 55104
Hennepin
Ramsey
(612) 822-2924 I
(612) 822-6340 Fax 267-269 St. Peter
St. Paul, MN 55102 Ramsey
1009 East Franklin Avenue
Minneapolis, MN 55404
205 East Main Street
Anoka, MN 55303
1508 West Broadway
Minneapolis, NN 55411
17 North 7�' Street
Minneapolis, MN 55403
812 East Lake Street
Minneapolis, MN 55407
147 Division Street
Waite Pazk, NN 56387
Hennepin
Anoka
Hennepin
Hennepin
Hennepin
Stearns
2917 BryantAve. S. Suite 5
Minneapofis, M(V 55408
(612) 822-2924
(612)822-6340 Fax
December 6, 2000
Department of Commerce
State of Minnesota
133 East Seventh Street
St. Paul, Minnesota 55101
RE: Currency Exchange at 1614 White Beaz Avenue, St. Paul,
MN 55106
To Whom It May Concem:
To the best of my knowledge there is not a currency exchange
within'/z mile of this location.
Sincerely,
; � ?-��
St art Tapper
Vice President
Subscribed and sworn before me on the O_[ f� day of
�w F �.r._�,z� , 2000.
SHARGN R. BOHNHOFF
Notary Public
, Minnesota
My Commission Expires Jan. 31, 2005
° o ° o ° o ° o ° o
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4,000.01 - 4,500.00 IOQ.00 � 4p.0� 149.� ; 134.10 175.0� ; 15750
; . �
4,500A1 - S,OOQ.00 I(0.00 ; 99.00 I49.00 � 134.10 190.00 � 171.00
S,OOOA1 - 5,500.00 120.00 � 108.00 176.00 ; 158.40 2DS.00 ; 18450
; � �
5�0�.01 • 6,000.00 130.40 ; 117.0� 197.00 � 1T/30 220.00 � 198.00
6,OOOA1 - 6,500.00 1A0.00 � 126.00 209.00 � 188.10 235.00 l 21150
6,500.01 - 7,000.00 150.00 ; I35.00 214.00 ; 192.60 250.00 ; 225.00
7,OOOA1 - 7�00.00 I60.00 ; 144.00 229.00 � ?A6.10 265.00 � 23850
��OOA1 • 8,000.00 ] 70.00 � 153.00 ?39.00 ; 215.10 280.00 ;?5200
8,000.01 - 8,500.00 l80.00 ; l62.00 259.00 � Z33.I0 295.00 � 26550
8,500.01 - 9,000.00 190.00 % 171.00 279.00 ; Z51.10 310.00 : 279.00
; � �
9,000.01 - 9,SOQ00 200.00 ; 180.00 299.00 ; 269.10 315.00 ; 79250
� ,
95�01 -iq000.00 z1o.00 ; 189.00 299.00 � 269.10 340.00 � 306.00
� ,
�
�+J Tnmfrrs xnt to Mauro (Nat Ory Service� are anila6le fa pickup ihe next rtaming kk�m notiflotian tu the ReceiNer may be purthaud fa �n �dditiaul Szoa
T�nsfm sentviaTdegnfas (Remate taatlm) a2 uw�lly miWhte q8�nhwrt{adudingxeeFendsmd hdyiys�.
(x� TnnsferssenttoMeximw'Servicioallnstuite �rcmil�bkinstyRyrt�IlBan�malaabons
� TnnsfersurrttoMexi�ndatheC3mMoPlussernceuemil�hkforpck-uprt:Gigurtestaes(7drys�week-toAAtmBPM�andAmmwiExpras'Trm10(fices�ntekdry
oRice haun�.
'Free phone ca{f (up to three minvtes), onA teo-word messcge with am+tend tmnsact3on from
Ui fo Oomesii� latinAmerica and Codbbean.
In aGJ2ian ro Ihe fmnsJrrJeei appiFmy� pa fniuectur� a �umriry r�Nangt�vM�rf 6yMmejGivm ar�tr e�nh �rll0e appl�ad.
FROnn: URfITED STATES(�)
TRANSfER 7�: TO: TO: 70: TO:
AMOUNT EUROPE A51A AUSTRALIA AFRICA MIODLE
EAST
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(i) Regular prices for transfers initiated in the U.S., Puerto Rico, Guam, American Samoa and U.S. Vrgin lslands.
.
Nof ovailo6le everywhere outside the U.S., PueRo Rico, Guam, U.S. Vrgin Islands artd Canada. Cherk with
Exp�essPayment"'GientServicesat�_800•sssq� foton�rmovarlabil�.
Novus Services has both Standard ke and No Fee contumer tronsacfions.
The canect fee is Eeteimined by tBe q•digit Receive Code.
. •
No credit carCpayments are accepted.
.
� �
$ 0.01 - 10,000.00 $ 895*
'A select few clients will have a$6.gs fee. Tl�e fee will automotically cdlculate by the custamers q-digit Receive Code.
c�xo o-w�R e.v co��w ��< au ��n.,�x�..�e .uo�.ycrvm �.. ngua�,�,�,ue �.un rnme�5a.er. [.o�nsv.rym. aw me giaee w�m a�w�. �rt,�..�<m,rv� otM�eyG.,m v� •
twlemUK .«tnnu: omema.o�.rrenrymnntvn5U1d:0�n rrvklRimrotneu.r�.r..w...mv.wr,. .. . • �
Gary A. Dachis — President
�19600 Cedarhurst St., Wayzata MN 55391
Unbank Company, 1979-present
2917 Bryant Ave. S. Suite 5
Minneapolis, MN 55408
(612) 822-2924
�s12> s22-ssao F�
Stuar[ D. Tapper — Vice President
9905 St. John's Road, Minnetonka MN 55305
Unbank Company, 1996-present
Welsh Companies, 1989-1996
Michael Gold — Vice President of Operations
2643 Irving Avenue S, Minneapolis MN 55408
Unbank Company, 1996-present
Stewart Scott Associates, 1992-1996
Jacobence Construction, 1989-1992
Barbaza Lanier — Manager
911 22" Avenue S, Minneapolis MN 55404
Unbank Company, 1994-present
Kill & Mills Corporation, 1988-1994
Alan LePage — Mana�er
10723 Fillmore Street NE, Blaine MN 55434
Unbank Company, 1987-present
Michelle Yeske — Manager
319 Eazl Street, St. Paul MN 55106
Unbank Company, 1988-present
Jean M. Williams, Conuoller
3048 Lee Avenue North, Golden Valley MN 55422
Unbank Company, 1988-present
STATE OF MINNESOTA
BOND NUMBER: 55 177445
GURRENCY DCCHANGE SURE'CY BOND
KNOW ALL PERSOiVS BY THESE PRESENTS: That 7,LP VI I I
(Naine of Curtency ExcRanga)
a Check Cashi ' 'tv ZR' }
(Desaiption or fortn of business organaation. indudin3 s�te of ir��TP°+�°n3
wimbusiness�at 1614 t7hite Bear Ave., S±. Paul, MN 551.06
. (SVeet Address. CitY. State. =ip)
asPRINC1PALand Uni+�ed Fire & Casualty Co.
(Nama ot Surery)
a corpotattan duly organized underthe Iaws af the State af MinResOtd whfctt Is author¢aC to engage in ihe business
af i�suranca ic� the State of ��esota. as SURETY. are hereby held and ficmty bound fo ttie DepartmaM of Commerce ot the State
c{ itiiinnasota in the sum af TeN i FIOUSANt� DOCIARS• (310.000). Frincip2l �+d Seuety he2bY b� �8�+se��• �et
repregBrttgtiygg, gueCeSSOls aPd sssigns. jointly and severally by these presentS.
The partias furtSier agree that:
1. The Oum�e ��� ���9�'on, which is reguired Ey Minnesota Stetutes. Section 53A.a8, is to secure the compliance by
Principal with the terms of Minnasota Stafutas, Section 53A.62 to 53A.13, and any other legai abligatians arising out ot the
PrfndpaCS conduG as a curten�y e�cchange.
2. This bo�d Is for tha benafit of the State af Minnesota and alt petsons suNering damages by reason of the PfincEpai's faiWre to
�pmply with Minnesota StawSes, Sectfon 53AA2 W 53A.08, or other legai cbGgaScns arising out of Prindpal's wnduct as a
aurrenry axchangs. ,
3. If Ihe Princ'rya! Shall viotate Minnesota Statutes, Section 53A.02 to 53A.o8, or other le9al obtigations arising out of fts condnct
az a curtency exchange, fha Carmissioner of Commerce, as wetl as any pe+sen dama9ed es a�s� ot Sueh vioiation sha7t
have, in addtion to all other lega! remedies. a right of action on this bond in the name of tha injured party for lobs sustained by
the injured parry•
4. Ttiis 6ond shall be eHec6ve from Novemhe r 2 R, 2 � � � �UI Dacember 31, X9C?. 0 07.
Signed and Seated this �� ovember . X99X? 0 � �
Uniteci Fire & Casual+y Co.
(Name of Surety)
B' l J// LI•�i � ��/ 1i'7.Lr �t
Y (Si natwe af Att mey in Fact)
Nancv C. htoore
Unhank C LI�P �7SII
(Name of Currency Exchange)
By. � �(t � L'"
(Signature of President, Partner, or Sole Propnetoq
as to fartn and eXCCUtion by tpC Direcfor ef Lieensing.
SIGNATURE ' �i�
REV. 6195 (OVER)
� UNITED FIRE & CASUALTY COMPANY
^ HOME OFFiCE - CEDAR RAPIDS, fOWA <,
CERTIE(ED COPY OF-POWER OF ATTORNEY ,.
- . ��� (Ori9inal on file at Home Otfice �of� Company — See Certification)
-� �KNOW ALL MEN BY _THESE PRESENTS, That���the UNLTED� FIRE & CkSUALTY COMPANY,� a corRoration duly or9anized anC ezisting
"'under _the laws of the SUte of -1owa, and havm9 its PrinciRai office in, Cedar Rapids,'-State of lowa, does make cor1stitvte and
appoint ROSS B. tIESHITE .OR ROBERT •E. HUTTER� : OR..NANCY C. MOORE� OR --
3QAN.R.�V6LKERT,'ALL INDFViIIBALLY. -. '
of 9531 W 78TH ST �`25E3 EDEN PRAIRIE MN �5344 '% ' ' `
�- its artd lawful "qlta.rneY�s)-in—Fact;with�Fower;and aufhority �here6y conferred to si9n, and execute in �ts befiaif ai[ -�
_ :F lawfut bonds, undertakin9s and.other o6Ggatory fnstroments �of 'simi4ar nature as .� _$250 r QQ < �
���� and to 6ind UNITED FIRE & CA5UALTY CQMPANY therebY as fuifY and to the same extent as if such instruments�were'signed by
the duly,authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said AttorneY,_ Pursuant to the authority
. �' herebY given are hefebY rahfied �a�d confirmed. �JUNE� 15th .�. ' . 2001 �unless"sooner revoked. �- .
' The AuthoritY hereby granted shall exPire
� �� - This power of Qttomey,is�"made and executed pursuan[ ta,and bY auNoritY.of the following BY—Law dulY adoPted by [he -
-�� Board oF Osrectors of the CompanY �,on April 18, 7373. . � -
. " ' � . � -- . . "Artiele V — Surety Bonds and Undertakings." � �
Section 2. Appointment of Atro��eyio-FacL "�e Pres�tlen[ or any Vice 7�esident, or any ather oificer ot the Company, may, M1om time Fo time, appoint
by written certi6cates attorneys'�^'�act to act in be�alf af l�e Company in lhe exe<ut�on ot polieies at msurance, bonds, undertak�n9s a�E other
obligamry instruments oi Lke nature. TTe signalure o5 any oHi<er authorized �erehy, anQ t�e Carpora[e seal, may be affined by lacsimile �o any
powerot attorney or special power ol atlomey or certAication ot either authorizeE hereby, such 5ig�aWre and seal, when so used, being adoptetl by t�e
Company as Ne o�iginal signaNre ot such o�ficer and the origmal seal of Ihe Company. ro be valid anE bmtling upan t�e Campany with the same force
- and eifect as Ihoug� manually affixed. SucM1 atlorneys�imtact, subject ro the limitatwns set forth in Iheir respective certificates of autherity shall have
full power ro hintl tfie Company by tAev signamre antl exe<ution of any such instruments and to attach the sea� ot the Company therero. The President
� or any Yce President, th¢ Board of Direcrors or any other oihcer of tha Company may at any time sevoke all power aotl authority previously given to
any atromey-imfa<t.
IN WITIV�SS WHEREOf, the UNITED FIRE & CASUAL7Y COMPANY has caused these presents �
� ���, to he signed bY its assistant vice president and its corporate seal to be hereto affixed this
� .A.D. 1999
-- y '�.����i�"'+ I5th day of JUNE
'` LCttOt4TE � . -
� '�' � UNITED FIRE & CASUA TY COMPANY � '
� t!►L �� -
`o e ,•, � .
r eM4 „� _
4umn�` gy
ssistant Vice esident
State ot lowa, County oE Llnn, ss
On this 15th daY of JUNE 1999, before me Personally came JEFFREY A. CHAPZN
to me known, who being bY me dury swom. d�d depose and say: that he resides in Cedar Rapids, State of lowa: that he is an
Assisiant Vice President ot the UNITED FIRE & CASUALTY COMPANY, the co�poration described in and which executed the
aFiove instrument; that he knows the seal of said eorporation; that the seal affixed to the said instrument is such corporated
seal; that it was so affixed pursuant to authority grven by the Board of Directors of said corPoration and ihat he signed his
name thereto pursuant to like authority, and acknowiedges same ta be the act and deed of said co� ration. � N^ C �
v�p�t,,C ���- � rl
NotarY Pu�17c
SHERYLA. MCVAY 2000
_,�; MYCQMMISSIONE%PIRES My CofTImi55iOn eXp��85 �RCH 4 ,.�
M -'�" ° ' 20°° CERTIFICATION
- I, the undersi9ned `officer bf the FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregain9
coPY of the Power of AttorneY and affidavit, and the copY of the Section of the BY—Laws of said CompanY as set forth in said
Power of AttorneY, witfi the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are cnr�ect
- transcripts thereof, and of the whate af tE+e said originals, and that the said Power of AttorneY has not been revoked and is
now in full torce and effect -
` , rcnrn�� Vn SestimonY wheceof I have hereunto subscribed mY name d�f ixed the corpor e sea � f the said
� �� ����� ComPanY this � ��daY otylYllJ95�'U/ �� � � -
55 � COtt01lTE� � � �
E• �.
;� lllL F: -- .Secretary .
�
M�qt�\
�'v', �,• ~ �.
�T��r� ._
,:>y�..
� .,
r''�- �
'" :: T�11`'�
:�_
STATE OF MINNFSOTA
LIMTI�D LIABILIZYPARTNERSHIP
REGISTRATION
CHAPTER 323 R ���
pLEASE 7YPE OR PRINT IN BCACK INK
� ��-
Please read the instrucfions on the reverse side before compieting. Fee: $135.
1.Name of limited liablity partnership (hereafter refierted to as "pattnetship'� :
UnBaak Company, L.L.P.
2. Address of the partnership's principal place of business : -
_._�.�C}.b�.�ya�s--t��ae�aut�-s-Sui-te -5, Minnea-Fo1is MPI �•54-08---- -._...._ ___. �
CompleleStreetAddressnrRuralBa.uteandRuralRoute9nxNumber...:._ __Ciry__.__�� ......-.- - - .--- State ..____ZIPCode .
(P.O. Box is unaccepfable)
3. ff the address in item 2 is not in Mfnnesota, list the name and street address of a person or entity in Minnesota
authorized fo act as the partnership's agent for secvice of process:
Name of Registered Agent
' ' NiN
Camplete SVeet Address or Rural Route and Rural Route Box Number City State ZJP Code
_ (P.O. Box is unaccepfable) - .
4. List your SIC Code. _.�Q._. Select one of the 2iSigit SiC Codes listed on the reverse side of this form that most
accurate(y describes the nature of the 6usiness operated by this parFnership.
5. Does this partnership own, fease or have anv interesf in aaricultucailand-osJaad-sapabte-�€beirrcrfacrr�'u ���-
- �" —.- FTo -� .
- - ._ .... _ .... - -- - - --
6. The pactnership is app{ying to initially obtain or renew limited liabitity-partnership status.
7. The partnership acknowledges that I'united liability partnership status wiii explre one year from the date of filing uniess
the partnecship files a proper renewa! registraGon.
8. I certify that i am a parfrter authorized to sign ifiis document on behalf of this partnership and i further cer6fy that by
signing this document i am subject to the penal8es of pe�jury as set forth in Minnesota Sfatufes, section 609.48 as'rf i had
signed this document under oath. _
/
.•
1 �
Stilflit
of a
612-
05440544 9194
Print name and telephone number
iY� MWNESOTA
DEPA[iTMEhti OF STATE
, �.c FtLED
— dUN Ol 1999
���
S�a+t�'y at SMat. �
..,, � :' � OFFICE �E CITY ATTORNEY
Claylon M. son, Jc, CityAtlorney
CITY OF SAINT PAUL
Norm Co[emnn. Mnyor
January 3Q 2001
Mr. Gary A. Dachis
President
CtvilDivision
400 Ciry Xall
I S West Kellogg Btvd.
Saint Pau{ Minneso[¢ 5510?
NOTICE OF HEARING
Unbank Company, LLP
2917 Bryant Avenue South, Suite 5
Minneapolis, Minnesota 55408
Telephone: 651266-8710
Facsimi7e: biI298-56I9
RE: Currency Exchange License Application submitted by Unbank Company, LLP dlbla
Unbank Company, LLP for the premises located at 1614 White Bear Avenue in St. Paul
Dear Mr. Dachis:
Please take notice that a hearing will be held at the following time, date and place concerning the
currency exchange license application for the premises identified above:
Date: Monday, February 12, 2001
Time: 9:30 a.m.
Place: Room 41
St. Paul City Hall
15 W. Kellogg Blvd.
St. Paul, MN. 55102
The hearing will be presided over by an Administrative Law Judge from the State of Minnesota
Office of Administrative Hearings:
Name:
Telephone:
Richard C. Luis
Office of Administrative Hearings
100 Washington Square, Suite 1700
Minneapolis, MN. 55401
612-349-2542
�
Unbank Company, LLP dJbla Unbank
— Company, LLP City's Exh. # 2 —
~ . The Council of the City of �t Paul has the authority to provide for�rings concerning licensed
premises and for adverse action against such licenses, under Chapter 310, including sections 310.05
and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-
intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse
action may include revocation, suspension, fines and other penalties or conditions.
Evidence will be presented to the judge which may lead to adverse action against all the licenses you
hold at the above premises as follows:
Saint Paul Zoning Code §60.542 permits currency exchanges in
a B-2 district when the business is located at least one hundred
(100) feet from any residential lot in a residential district or at
least one hundred (100) feet from any residential lot occupied
with a one-,two-, three-, four-, townhouse, or multiple-family
dwelling, measured from the closest point of the building in
which the business is located to the closest residential property
line. The application for 1614 White Bear Avenue is for retail
space located in a strip mall across Gary Street from single family
homes. The proposed location is zoned B-2. The measurement
from the closest point of the building in which the business is
located to the closest residential property line was ouly 56 feet.
Accordingly, this business is not permitted at this location.
You have the right to be represented by an attorney before and during the hearing or you can
represent yourself. You may also have a person of your choice represent you, to the extent not
prohibited as unauthorized practice of law.
The hearing will be conducted in accordance with the requirements ofMinnesota Statutes sections
14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative
Code as may be applicable.
At the hearing, the Administrative Law Judge will have all parties identify themselves for the record.
The City will then present its witnesses and evidence, each of whom the licensee or attorney may
cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to
present, each of whom the City's attomey may cross-examine. The Administrative Law Judge may
in addition hear relevant and material testimony from persons not presented as witnesses by either
party who have a substantial interest in the outcome of the proceeding; for example, the owners or
occupants of property located in close proximity to the licensed premises may have substantial
interest in the outcome of the proceeding. Concluding arguments may be made by the parties.
Following the hearing, the Judge will prepaze Findings of Fact, Conclusions of Law, and a specific
recommendation for action to be taken by the City Council.
Notice of Hearing - Page 2
� +. You should bring to the he�g all documents, records and witnes� you will or may need to
support your position. Subpoenas may be available to compel the attendance of witnesses or the
production of documents in conformity with Minnesota Rules, part 1400.7000.
If you think that this matter can be resoived or settled wathout a formal hearing, please contact or
have your attomey contact the undersi�ned. If a stipulation or a�eement can be reached as to the
facts, that stipulation wili be presented to the Administrative Law Judge for incorporation into his
or her recommendation for Council action.
If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the
allegations against you which have been stated earlier in this notice may be taken as true. If non-
public data is received into evidence at the hearing, it may become public unless objection is made
and relief requested under Minnesota Statutes, Section 14.60, subdivision 2.
If you have any questions, you can call me at 266-8710.
Very truly yours,
� ���
�
Virginia D. Palmer
Assistant City Attomey
cc: Gary A. Dachis, President, Unbank Company, 19600 Cedarhurst St., Wayzata, MN
55391
Stuart Tapper, Vice President, Unbank Company, 2917 Bryant Ave. S., Suite 5,
Minneapolis, MN 55408
LaVonRegan, OfficeofAdministrativeHearings,100 Washington Square, Suite 1700, Mpls,
MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Roger Curtis, Director, LIEP
Christine Rozek, LIEP
Chuck Repke, Community Organizer, District 2 Community Counci1,1961 Shenvood Ave.
E., St. Paul, MN 55119
Notice of Hearing - Page 3
S � �
•
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
�
AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on January 31, 2001, she served the attached NOTICE OF HEARING
on the following named persons by placing a true and correct copy
thereof in an envelope addressed as follows:
Mr. Gary Dachis
President
Unbank Company, LLP
2917 Bryant Avenue South
Suite 5
Minneapolis, MN. 55408
Gary A. Dachis
President
Unbank Company
19600 Cedarhurst Street
Wayzata, MN. 55391
Stuart Tapper
Vice President
Unbank Company
2917 Bryant Avenue South
Suite 5
Minneapolis, MN. 55408
(which is the last known addresses of said persons) and depositing
the same, with postage prepaid, i�
Paul, Minnesota.
Subscribed and sworn to before me
this 31st S�a� of�nuar.�-„ 2001.
Notary Publi� ''
�
�
PETER P. PAidG90RN
�,pTpARY pUgt1C - MINNESOTA
MY CAMRAlSStQN
EXPlREH JAS�.39, 2�
____. _ ..____ : _ .. ____�_.. ___ . _ . ._ _ � � _-- � . _ .._ _ _ _ ____. __ _ __ _._ _, . _.,. . _ _, _� .� , . _.
Peter Pangbom - Gurrency Exchange License Application- 1614 White Bear Avenue Page 1°
From: Jeff Hawkins
To: Asuncion, Corinne; Rozek, Christine
Date: 1/24/01 3:30PM
Subject: Currency Exchange License Application- 1614 White Bear Avenue
Dear Christine:
I have researched and physically inspected the property at 1614 White Bear Avenue. The retail space in
question is located in a strip mall retail center. This retail center is located across Gary Street from single
family homes. Earlier today I took measurements from the retail center to the closest dwelling unit. The
separation was only 56 feet from the comer of the building to the fenceline of the residential property.
There is a required setback of 100 feet from the closest residential property per Zoning Code Section
60.532.
(4) Currency exchange business when located at least one hundred (100) feet from any residentiaV lot in a
residential district or at least one hundred (100) feet from any residential lot occupied with a one-, iwo-,
three-, four-, townhouse, or multiple-family dwelling, measured from the closest point of the building in
which the business is located to the closest residentiat property line.
Therefore I must deny zoning approval for the license application from Unbank Company LLP. Please
notify your office and any other interested agencies that this is not a permitted use for this location.
Thank you.
Jeff Hawkins
Zoning Specialist
��I� �
Unbank Company, LLP d/b/a Unbank
— Company, LLP City's Exh. # 3 —
.�. A - OFFIC THECITYATTORNEY
• Clay�orz �birzsort, Jc, Ciry' Anorney
CITY OF SAINT PAUL
Norm Caleman, Mayor
February 9, 2001
Civil Division
400 City Hal1
/i West Kellogg Bh�d.
Snint Pnul, hfinnesotn 55102
NOTICE OF RE-SCHEDULED HEARING
Mr. Dan Rosen
Rosen & Rosen
150 South 5` Street, Suite 3250
Minneapolis, Minnesota 55402
Telephone: 651266-8710
Facsimile: 6�! ?98-i6/9
RE: Cunency Exchange License Application submitted by Unbank Company, LLP d/b/a
Unbank Company, LLP for the premises located at 1614 White Bear Avenue in St. Paul
Dear Mr. Rosen:
As you requested, the administrative heazing previously scheduled for Monday, February 12, 2001,
has been re-scheduled to Friday, February 16, 2001. The hearing will begin at 9:30 a.m., in room
41 of the St. Paul City Hall. The State of Minnesota Office of Administrative Hearings as re-
assigned this matter to Judge Beveriy Jones Heydinger (612-341-7606).
If you have any questions, I can be reached at 651-266-8776.
Sincerel�
/ `�
Peter P.
Legal Assistant
LaVonRegan, Office ofAdministrative Hearings,100 Washington Square, Suite 1700, Mpls,
MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Roger Curtis, Director, LIEP
Christine Rozek, LIEP
Chuck Repke, Community Organizer, District 2 Community Council, 1961 Sherwood Ave.
E., St. Paul, MN 55119
�
Unbank Company, LLP d/bJa iJnbank
— Company, LLP City's Exh. # 4
STATE OF
COUNTY OF RAMSEY
�
)
) ss.
)
�
AFFIDAVIT OF SfiRVICE BY MAIL
30P.NNE G. CLEMEI3fiS, being first duly sworn, deposes and says
that on February 9, 2001, she served the attached NOTICE OF
RESCHEDULED HEARING on the following named person by placing a true
and correct copy thereof in an envelope addressed as follows:
Mr. Dan Rosen
Rosen & Rosen
150 South S Street, Suite 3250
Minneapolis, MN. 55402
(which is the last known address of said person) and depositing the
same, with postage prepaid, in the
Minnesota.
Subscribed and sworn to before me
this 9th da f F ua 2001.
� � �
ary
PETER P_ PANGBORN
I!IOTA PUBLIC - BAiNNESOTA
—FY COBAMlSSION
EXP9RES dAPl.39, 2005
- ,1„+�; . � '��_ OFFIC THE CITY ATTORNEY
• C[nyeors �inson, Jc, Ci[y� Alrorney
CITY OF SAINT PAUL
Norm Coleman, Mnyor
February 15, 2001
Mr. Dan Rosen
CivilDivision
400 Ciry Hall
!i Wut Kellogg Blvd.
SaintP¢ul, Minnesota 55/01
NOTICE OF RE-SCHEDULED HEARING
AND
NOTICE OF COUNCIL HEARING
Rosen & Rosen
150 South 5`� Street, Suite 3250
Minneapolis, Minnesota 55402
Telephone: 651 266-8710
Facsimile: 65! 298-�619
RE: Currency Exchange License Application submitted by Unbank Company, LLP d(bla
Unbank Company, LLP for the premises located at 1614 White Bear Avenue in St. Paul
Dear Mr. Rosen:
As we discussed, we have now re-scheduled the administrative hearing to Monday, February 26,
2001. The heazing will begin at 10:00 am., in the Ramsey County Commissioners Office, Room
220 City Hall, Conference Room C. The State of Minnesota Office of Administrative Hearings as
re-assigned this matter to Judge Richazd C. Luis (612-349-2542).
Additionally, given the time constraints for a response to the Minnesota Department of Commerce
on your clienYs application for a currency exchange license, and in anticipation oftimely receipt of
the Administrative Law Judge's report, we have also scheduled this matter for public hearing in front
of the Saint Paul City Council, City Council Chambers, Third Floor, Saint Paul City Hall, on
Wednesday, Mazch 7, 2001. Public hearings begin at 5:30 p.m..
If you have any questions, I can be reached at 651-266-8710.
Sincerely,
/ i�
`� U- � �w�.C�J '� Ck / - �c�
Virginia D. Palmer
Assistant City Attomey
�urre cy c �n � ��
Unbank Company, LL�nbank �
— Company, LLP City's Exh. # 5 —
r • •
a �
cc: LaVon Regan, Office of Administrative Hearings, 100 Washin� on Square, Suite 1700,
Mpls, MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Roger Curtis, Director, LIEP
Christine Rozek, LIEP
Chuck Repke, Community Organizer, District 2 Community Council,1961 Sherwood Ave.
E., St. Paul, MN 55119
r � � `
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CI�EMENTS, being first duly sworn, deposes and says
that on February 20, 2001, she served the attached NOTICE OF
RESCHEDULED HEARING AND NOTICE OF COUNCIL HEARING on the following
named person by placing a true and correct copy thereof in an
envelope addressed as follows:
Mr. Dan Rosen
Rosen & Rosen
150 South 5 Street, Suite 3250
Minneapolis, MN. 55402
(which is the last known address of sa
same, with postage prepaid, in the iy�ii
Minnesota. �
rson) and depositing the
tates mails at St.,,Pau�,
CLEMENTS
Subscribed and sworn to before me
this 20th �ap�of �e�,rua�, 2001.
v �s.
PETER P PAP1;80RN
� /'- �_ }� . n � , NOTARY PUBUC - R�!�d�dESOTA
Notary Public . .. �nviceo�r��ssiori
'�w.:... ' EXPiRE3 JAP�.37, 2W5
§ 310.04
LEGISLATIVE CODE
forth in section 310.05. If the director is
recommending issuance of the license, but
the affected neighborhood organization(s}
or other interested persons give notice
within thirty (30) days of receipt of notice
of the e�ustence of the application (or
within forty-five (45) days if the applica-
tion involves a liquor license) of objection
to issuance of the license, the matter shall
be referred for a hearing before the Iegis-
lative hearing officer, who shall give no-
tice of the time, place and date of the
hearing to the affected neighborhood or-
ganization(s) and the applicant. The leg-
islative hearing officer shall take testi-
mony from all interested persons and shall
make a recommendation to the council as
to whether the matter should be referred
for a hearing before an independent hear-
ing examiner in accordance cvith the pro-
cedures set forth in section 310.05. `Vhere
the application for the grant, issuance or
renewal of a Class N license meets all the
requirements of law, and where there
e�sts no ground for adverse action, the
director shall issue such license in accor-
dance with law.
(2) Renew¢l. The director shall in writing
notify the council, and the affected neigh-
borhood organization(s) established for cit-
izen participation purposes, at least sixty
(60) days before the expiration date of all
Class N licenses. A public hearing on the
renewal of any such license shall not be
held except on the request of a
councilmember, which request shall be
incorporated in the form of a council res-
olution. Upon the passage of such resolu-
tion, the director shall give ccritten notice
of such hearing to the affected neighbor-
hood organizations. Such public hearing
does not replace or amend any of the
procedures set forth in section 310.05 of
the Legislative Code. If no request for a
public hearing is made before the expira-
Cion of any such license, and �vhere there
e:cists no ground for adverse action, the
director shall issue the license in accor-
dance with lacc.
(e) Appeal; Ctass R or CI¢ss T ticenses. An
appeal to the city council may be taken by any
person aggrieved by the grant, issuance or re-
newal of a Class R or Class T license; provided,
however, that the appeal shall hace been filed
with the city clerk �vithin thirty (30) days after
the action by the director. The only grounds for
appeal shall be that there has been an error of law
in the grant, issuance or renewal of the license.
The appeal shall be in writing and shall set forth
in particulaz the alleged errors of law. The council
shall conduct a hearing on the appeal within
thirty (30) days of the date of filing and shall
notify the licensee and the appellant at least ten
(10) days prior to the hearing date. The proce-
dures set forth in section 310.05, insofaz as is
practicable, shall apply to this hearing. Following
the hearing, the council may affirm or remand the
matter to the inspector or director, or may reverse
or place conditions upon the license based on the
council's determination that the decision was based
on an error of law. The filing of an appeal shall not
stay the issuance of the license.
(fl No w¢iuer by renew¢I. The renewal of any
license, whether Class R, T or 1�, shall not be
deemed to be a waiver of any past ciolations or of
any grounds for imposition of adverse action
against such license.
(Code 1956, § 510.04; Ord. No.17455, § 1, 5-21-87;
Ord. No. 17551, § 1, 4-19-88; C.F. 1\0. 94-500, § 1,
7-6-94; C.F. No. 95-473, § 3, 5-31-95; C.E No.
95-1517, 1-31-96; C.F. No. 97-1446, § 1, 12-30-97;
C.F. No. 99-50Q § 2, 7-7-99)
Sec. 310.05. Hearing procedures.
(a) Adverse ¢ction; notice arzd hem•ing require-
ments. In any case �vhere the council may or
intends to consider any adcerse action, including
the revocation or suspension of a license, the
imposition of conditions upon a license, or the
denial of an application for the grant, issuance or
renewal of a license, or the disapproval of a
license issued by the State of 3linnesota, the
applicant or licensee shall be given notice and an
opportunity to be heard as providzd herein. The
council may consider such adverse actions when
recommended by the inspector, by tne director, by
Supp �o. 41 2034
LICEVSES
the director of any executive department estab-
lished pursuant to Chapter 9 of the Charter, by
the city attomey or on its own initiative.
(b) Notice. In each such case �vhere adverse
action is or will be considered by the council, the
applicant or licensee shall have been notified in
writing that adverse action may be taken against
the license or application, and that he or she is
entitled to a hearing before action is taken by the
counciI. The notice shall be served or mailed a
reasonable time before the hearing date, and
shall state the place, date and time of the hearing.
The notice shall state the issues involved or
grounds upon which the adverse action may be
sought or based. The council may request that
such written notice be prepared and served or
mailed by the inspector or by the city attorney.
(c) Hearing. �Vhere there is no dispute as to
the facts underlying the violation or as to the facts
establiskung mitigating or aggravating circum-
stances, the hearing shall be held before the
council. Otherwise the hearing shall be conducted
before a hearing examiner appointed by the coun-
cil or retained by contract with the city for that
purpose. The applicant or the licensee shall be
provided an opportunity to present evidence and
azgument as well as meet adverse testimony or
evidence by reasonable cross-examination and
rebuttal evidence. The hearing examiner may in
its discretion permit other interested persons the
opportunity to present testimony or evidence or
otherwise participate in such hearing.
(o-l) Procedure; hearing ex¢miner. The hear-
ing examiner sha11 hear all evidence as may be
presented on behalf of the city and the applicant
or licensee, and shall present to the council writ-
ten findings of fact and conclusions of law, to-
gether �vith a recommendation for adverse action.
The council shall consider the evidence con-
tained in the record, the hearing examiner's rec-
ommended findings of fact and conclusions, and
shall not consider any factual testimony not pre-
viously submitted to and considered by the hear-
ing examiner. After receipt of the hearing
examiner's findings, conclusions, and recommen-
dations, the council shall provide the applicant or
licensee an opportunitp to present oral or cr•ritten
arguments alleging error on the part of the exam-
§ 310.05
iner in the application of the law or interpretation
of the facts, and to present azgument related to
the recommended adverse action. Upon conclu-
sion of that hearing, and after considerina the
record, the esaminer's findinas and recommenda-
tions, together with such additional arguments
presented at the hearing, the council shall deter-
mine what, if any, adverse action shall be taken,
tivhich action shall be by resolution. The council
may accept, reject or modify the findings, conclu-
sions and recommendations of the hearing exam-
iner.
(c-2) Ex-parte contacts. If a license matter has
been scheduled for an adverse hearing, council
mem6ers shall not discuss the license matter with
each other or with any of the parties or interested
persons involved in the matter unless such dis-
cussion occurs on the record during the hearings
of the matter or during the council's final deliber-
ations of the matter. No interested person shall,
with knowledge that a license matter has been
scheduled for adverse hearing, convey or attempt
to convey, orally or in writing, any information,
azgument or opinion about the matter, or any
issue in the matter, to a council member or his or
her staff until the council has taken final action
on the matter; provided, however, that nothing
herein shall prevent an inquiry or communica-
tions regarding status, scheduling or procedures
concerning a license matter. An interested person,
for the purpose of this paragraph, shall mean and
include a person who is an officer or employee o£
the licensee which is the subject of the scheduled
adverse hearing, or a person who has a financial
interest in such licensee.
(d) Lzcensee or ¢pplicant m¢y be represented.
The licensee or applicant may represent himself
or choose to be represented by another.
(e) Record; e�idence. The hearing esaminer
shall receice and keep a record of such proceed-
ings, including testimony and exhibits, and shall
receive and gice weiaht to evidence, includino
heazsay evidence, which possesses probative value
commonly accepted by reasonable and pruder,t
persons in the conduct of their affairs.
(fj Council action, resolr�tion to contain ftrzd-
ings. Where the council takes adcerse acticn �rith
respect to a license, Iicensee or applicant for a
Supp. Vo. 41 2035
§ 310.05
LEGISLATIVE CODE
license, the resolution by which such action is
taken shall contain its findings and determina-
tion, including the imposition of conditions, if any.
The council may adopt all or part of the findings,
conclusions and recommendations of the hearing
esaminer, and incorporate the same in its resolu-
tion taking the adverse action.
(a) �dditzonal procedures eohere required. �Vhere
the procisions of any statute or ordinance require
additional notice or hearing procedures, such pro-
cision; shall be complied with and shall super-
sede inconsistent provisions of these chapters.
Thi; shall include, �vithout limitation by reason of
this specific reference, VIinnesota Statutes, Chap-
ter 36� and Minnesota Statutes, Section 340A.415.
(h) Discretion to hear notwithstanding witit-
draeual or surrender of ¢pplication or Zicense. The
council may, at its discretion, conduct a hearing or
direct that a hearing be held regarding revocation
or denial of a license, notwithstanding that the
applicant or licensee has attempted or purported
to withdraw or surrender said license or applica-
tion, if the attempted withdrawal or surrender
took place after the applicant or licensee had been
notified of the hearing and potential adverse
action.
(i) Continuances. Where a hearing for the pur-
pose of considering revocation or suspension of a
license or other disciplinary action involving a
license has been scheduled before the council, a
continuation of the hearing may be granted by the
council president or by the council at the request
of the licensee, license applicant, an interested
per;on or an attorney : epresenting the foregoing,
upon a showing of good cause by the party making
the request.
�j) If the council imposes an adverse action as
defined in section 310.01 above, a generic notice of
such action shall be prepared by the license
inspector and posted by the licensee so as to be
vi;ible to the public during the effective period of
the ad�-erse action. The licensee shall be respon-
sible for taking reasonable steps to make sure the
notice remainc posted on the front door of the
licen;ed premises, and failure to take such rea-
sonable precautions may be grounds for further
adcer;e action.
(k) Imposition of costs. The council may im-
pose upon any licensee or license applicant some
or all of the costs of a contested hearing before an
independent hearing esaminer. The costs of a
contested hearing include, but are not limited to,
the cost of the administratice la�v judge or inde-
pendent hearing examiner, stenographic and re-
cording costs, copying costs, city staff and attor-
ney time for which adequate records hace been
kepE, rental of rooms and equipment necessary for
the hearing, and the cost of expert ccitnesses. The
council may impose all or part of such costs in any
given case if (i) the position, claim or defense of
the licensee or applicant was frivolous, arbitrary
or capricious, made in bad faith, or made for the
purpose of delay or harassment; (ii) the nature of
the violation was serious, or involved ��iolence or
the threat of violence by the licensee or employees
thereof, or invoh�ed the sale of drugs by the
licensee or employees thereof, and/or the circum-
stances under which the violation occuned were
aggravated and serious; (iii) the violation created
a serious danger to the public health, safety or
welfare; (iv) the violation incolved unreasonable
risk of harm to vulnerable persons, or to persons
for whose safety the licensee or applicant is or
was responsible; (v) the applicant or licensee was
suBiciently in control of the situation and there-
fore could have reasonably avoided the violation,
such as but not limited to, the nonpayment of a
required fee or the failure to renew required
insurance policies; (ci) the ��olation is covered by
the matrix in section 40926 of the Legislative
Code; or (vii) the violation involved the sale of
cigarettes to a minor.
(1) Imposition of fines. The council may impose
a fine upon any licen;ee or license applicant as an
adverse license action. A fine may be in such
amount as the council deems reasonable and
appropriate, ha�Zng in mind the regulatory and
enforcement purposes embodied in the particular
licensing ordinance. A fine may be in addition to
or in lieu of other adver�= action in the sole
discretion of the council. To the extent anc other
provision of the Legislative Code pro��des for the
imposition o£ a fine, both prc�zsions sha11 be read
Supp. \o. 41 2036
LICENSES
together to the egtent possible; provided, how-
ever, that in the case of any conflict or inconsis-
tency, the other provision shall he controlling.
(Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88;
Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No. 17659,
§ 1, 6-13-59; Ord. No. 17911, § 1, 3-10-92; C.F. No.
94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-94;
C.F. No. 94-1340, § 2, 10-19-94; C.F. No. 95-473, §
4, 5-31-95)
Sec. 310.06. Revocation;suspension;adverse
actions; imposition of condi-
tions.
(a) Council may t¢ke adverse action. The coun-
cil is authorized to take adverse action, as defined
in section 310.01 above, against any or all licenses
or permits, licensee or applicant for a license, as
provided in and by these chapters. Adverse ac-
tions against entertainment licenses issued under
Chapter 411 of the Legislative Code may be
initiated for the reasons set forth in subsection (b)
below, or upon any lawfui grounds which are
communicated to the license holder in writing
prior to the hearing before the council. Such
actions shall be initiated and carried out in accor-
dance with the procedures outlined in section
310.05; provided, however, that the formal notice
of hearing shall be used to initiate the adverse
action without the use of prior procedural steps.
(b) Basis for action. Such adverse action may
be based on one (1) or more of the following
reasons, which aze in addition to any other reason
specifically provided by law or in these chapters:
(1) The license or permit was procured by
misrepresentation of material facts, fraud,
deceit or 6ad faith.
(2) The applicant or one acting in his or her
behalf made oral or written misstate-
ments or misrepresentations of material
facts in or accompanying the application.
(3) The license �vas issued in violation of any
of the provisions of the Zoning Code, or
the premises which are licensed or which
are to be licensed do not comply with
applicable health, housing, fire, zoning
and building codes and regulations.
§ 310.06
(4) The license or permit was issued in viola-
tion of la�v, without authority, or under a
material mistake of fact.
(a) The licensee or applicant has failed to
comply �-ith any condition set forth in the
license, or set forth in the resolution b ant-
ing or rene�vina the license.
(63 a. The licensee or applicant (or any
person whose conduct may by la�v be
imputed to the licensee or applicant)
has ciolated, or performed any act
which is a violation of, any of the
pro�zsions of these chapters or of any
statute, ordinance or regulation rea-
sonably related to the licensed activ-
ity, regardless of whether criminal
charges have or have not been
brought in connection therewith;
b. The licensee or applicant has heen
concicted of a crime that may dis-
qualify said applicant from holdina
the license in questian under the
standards and procedures in biinne-
sota Statutes Chapter 364; or
c. The licensee or applicant (or any
person whose conduct may by law be
imputed to the licensee or applicant)
has engaged in or permitted a pat-
tern or practice of conduct of failure
to comply with laws reasoaably re-
lated to the licensed activity or from
which an inference of lack of fitness
or good character may be drawn.
(7) The activities of the ticensee in the li-
censed acrivity created or have created a
serious danger to the public health, safety
or welfare, or the licensee performs or has
performcd his or her work or actio in
an unsafe manner.
(8) The licensed business, or the wayin which
such business is operated, maintains or
permits conditions that unreasonably an-
noy, injure or endanger the safety; health,
morals, comfort or repose of any consider-
able number of inembers of the public.
(91 Failure m keep side� or pede�trian
�vays rea;onably free of sno�v and ice as
required under Chapter 114 ofthe Saint
Paul Le�slatice Code.
Supp. No. 41 2037
§ 310.06
LEGISLATIVE CODE
(10) The licensee or applicant has shown by
past misconduct or unfair acts or deal-
ings: physical abuse, assaults or violent
actions done to others, including, but not
limited to, actions meeting the definition
of criminal sexual conduct pursuant to
�Iinnesota Statutes Sections 609.342
through 609.3451; seacual abuse, physical
abuse or maltreatment of a child as de-
fined in Minnesota Statutes Section
626.556, subdivisions 2 and 10e, includ-
ing, but not limited to, acts which consti-
tute a violation of �nnesota Statutes
Sections 609.02, subdivision 10; 609.321
through 609.3451; or 617246; neglect or
endangerment of a child as defined in
ti4innesota Statutes Section 626.557,sub-
division 2; the manufacture, distribution,
sale, gift, delivery, transportation, ex-
change or barter of a controlled substance
as defined in Minnesota Statutes Chapter
152; the possession of a controlled sub-
stance as defined in Minnesota Statutes
Chapter 152 in such quantities or under
circumstances giving rise to a reasonable
inference that the possession was for the
purpose of sale or distribution to others;
or by the abuse of alcohol or other drugs,
that such licensee or applicant is not a
person of the good moral character or
fitness required to engage in a licensed
activity, business or profession.
Ql) The licensee or applicant has materially
changed or permitted a material change
in the design, construction or configura-
tion of the licensed premises without the
prior approval of the city council in the
case of Class N licenses, the director in
the case of Class T licenses, and the
inspector in the case of Class R licenses,
or without first having obtained the proper
building permits from the city.
(12) The licensee or applicant has ciolated
section 294.01 of the Legislative Code, or
has made or attempted to make a prohib-
ited ex parte contact �vith a council mem-
ber as provided in section 310.05(o-2) of
the Legislatice Code.
The terms "licensee" or "applicant" for the pur-
pose of this section shall mean and include any
person who has any interest, whether as a holder
of more than five (5) percent of the stock of a
corporation, as a partner, or othenvise, in the
premises or in the business or actiti-ity which are
licensed or proposed to be licensed.
With respect to any license for acti�zties entitled
to the protection of the Firstrlmendment, notwith-
standing the foregoing procisions, neither the
lack of good moral character or fitness of the
licensee or applicant nor the content of the pro-
tected speech or matter shall be the basis for
adverse action against the license or application.
(c) Imposition of reasonable conditions and /or
restrictions. 4Vhen a reasona6le basis is found to
impose reasona6le conditions and/or restrictions
upon a license issued or held under these chap-
ters, any one (1) or more such reasonable condi-
tions andlor restrictions may be imposed upon
such license for the purpose of promating public
health, sa£ety and welfare, of advancina the pub-
lic peace and the elimination of conditions or
actions that constitute a nuiaance or a detriment
to the peaceful enjoyment of urban life, or promot-
ing security and safety in neazby neighborhoods.
Such reasonable conditions and/or restrictions
may include or pertain to, but aze not limited to:
(1) A limitation on the hours of operation of
the licensed business or establishmeut, or
on particular types of activities conducted
in or on said business or establishment;
(2) A limitation or restriction as to the loca-
tion within the licensed business or estab-
lishment where particular type of activi-
ties may be conducted;
(3) A limitation as to the means of ingress or
egress from the licensed establishment or
its parking lot or immediately adjacent
area;
(4) A requirement to p:ovide off-street park-
ing in excess of other requirements of law;
(,5) A limitation on the r.�anner and means of
advertising the operation or merchandise
of the licensed establishment;
(6) tlny other reasonable condicion or restric-
tion limitina the operation of the licensed
business or establishment to en;ure that
Supp. 'Vo. 41 2038
LICEFSES
the business or establishment will harmo-
nize with the chazacter of the azea in
which it is located, or to prevent the
development or continuation of a nui-
sance.
'I'he inspector may impose such conditions on
Class R licenses with the consent of the license
holder, or may recommend the imposition of such
conditions as an adverse action against the li-
cense or licenses; the inspector has the same
power with respect to Class T licenses. The coun-
cil may impose such conditions on Class N li-
censes with the consent of the license holder, or
upon any class of license as an adverse action
against the license or licenses following notice
and hearing as may be required. Such conditions
may be imposed on a license or licenses upon
issuance or renewal thereof, or upon and as part
of any adverse action against a license or licenses,
including suspension. Conditions imposed on a
license or licenses shall remain on such licenses
when renewed and shall continue thereafter until
removed by the council in the case of conditions
on Class N licenses or conditions imposed by
adverse action, and by the inspector in the case of
Class R and T licenses.
(d) St¢ndards for multiple license determirz¢-
tion. In any case in which the council is autho-
rized to take adverse action against less than all
of the licenses held by a licensee, or applied for by
an applicant, the following standards may be
used:
(1) The nature and gravity of the grounds
found by the council to exist upon which
the adverse action would be based;
(2) 'I'he policy andlor regulatory goals for the
particulaz licenses involced, either as em-
bodied in the Legislative Code or as found
and determined by the council;
(3) The interrelationship of the licenses and
their relative importance to the overall
business enterprise of the licensee or ap-
plicant;
(4) The management practices o£the licensee
or applicant with respect to each of such
licenses;
§ 310.07
(5) The extent to which adverse action against
less than all of the licenses or applications
woulc3 result in difficulty in enforcing and
monitoring the ad�erse action taken;
(6) The hardship to the licensee or applicant
that Fvould be caused by applying adverse
action to all licenses or applications; and
(7) The hardship and/or danaer to the public,
or to the public health and welfare, that
�vould result from adverse action against
less than all of the licenses or applica-
tions.
(Code 1956, § 510.06; Ord. i�o. 17584, § 1, 8-25-88;
Ord. No. 17657, § 15, 6-5-89; Ord. No. 17659, § 2,
6-13-89; Ord. �o. 17901, §§ 2, 3, 1-14-92; Ord. No.
17917, §§ 2, 3, 3-31-92; Ord. No. 17922, § 1,
4-28-92; C.F. i�o. 94-500, § 3, 7-6-94; C.F. No.
94-1340, § 3, 10-19-94; C.F. I�'o. 95-473, § 5;
5-31-95; C.F. l�o. 99-500, § 3, 7-7-99)
Sec. 310.07. Termination of licenses; surety
bonds; insurance contracts.
(a) Autom¢tic termination, reinst¢tement; re-
sporzsibility of Iicensee. All licenses or permits
which must, by the provisions of these chapters or
other ordinances or laws, be accompanied by the
filing and maintenance of insurance policies, de-
posits, guarantees, bonds or certifications shall
automatically terminate on cancellation or with-
drawal of said policies, deposits, bonds or certifi-
cations. No licensee may continue to operate or
perform the licensed activity after such termina-
tion. The licensee is liable and responsible for the
filing and maintenance of such policies, deposits,
guazantees, bonds or certifications as are re-
quired in these chapters, and shall not be entitled
to assert the acts or omissions of agents, brokers,
employees, attorneys or any other persons as a
defense or justincation for failure to comply with
such filing and �aintenance requirements. In the
event the licensze reinstates and files such poli-
cies, deposits, boads or certifications �i�ithin thirty
(30) days, the license is automatically reinstated
on the same terms and conditions, and for the
same period as oria nally issued. rlfcer thirty (307
day;, the applicant must reaoply for a renewal of
his license as though it were an oria nal applica-
tion.
Supp.No.41 2038.1
t
zo�L�G coDE § sosa2
taining to the proposed use, cvhich or structures, and the alteration, enlargement
specific plan has been approced bp and moving of existing buildings or structures
the city. &om other locations or districts shall conform to
b. Commercial uses shall be limited to the folloz��ing cpecified uses unless othenvi,e pro-
those otherwise permitted in the dis- �ded in this code:
trict which do not require a sepaza- (1) All principal uses as permitted and as
tion distance from residentially zoned regulated in a B-1 District.
or occupied property.
(2) Electric transformer stations and substa-
tions; gas regulator stations with service
yards, but without storage yards.
(3) Cellular telephone antennas located on a
freestanding pole, as regulated in the OS-1
district, section 60.514(6)a. through g.
(4) Accessory buildings, structures and uses
customarily incident to the above permit-
ted uses.
(Code 1956, § 60.484; Ord. No. 16956, 9-9-82; Ord.
No. 17039, 7-7-83; Ord. No. 17845, § 23, 6-27-91;
Ord. No. 17894, § 2, 12-3-91; C.F. No. 93-1718,
§§ 36, 37, 12-14-93; C.F. No. 93-1815, § 7, 12-28-
93; C.E No. 97-565, § 9, 6-11-97; C.E No. 99-750,
§ 3, 9-1-99; C.F. No. 00-972, 11-8-00)
Sec. 60.535. Area, bulk and setback require-
ments.
See Chapter 61, Schedule of Regulations, lim-
iting the height and bulk of buildings, the mini-
mum size of lot by permitted land use, and
providing minimum yard setback requirements.
(Code 1956, § 60.485; C.F. No. 00-972, 11-5-00)
Subdiuision 4. 60.540. B-2 Community
Business District
Sec. 60.541. Intent.
The B-2 Community Business District is in-
tended to serve the needs of a consumer popula-
tion larger than that served by the "Local Busi-
ness District;' and is generally characterized by a
cluster of establishments generating large vol-
umes of vehicular and pedestrian traffic.
(Code 1956, § 60.491; C.F: No. 00-972, 11-8-00)
Sec. 60.542. Principal uses permitted.
In a B-2 Community Business District the use
of land, the location and erection of new buildings
Supp. No. 46
553
(2) A11 retail business, service establish-
ments or processina uses as follows:
a. Any retail business �vhose principal
activity is the sale of inerchandise in
an enclosed buildina.
b. Any sercice establishment housina
an office, showroom or workshop of a
contractor (including, but not lim-
ited to, plumbing, heating, air condi-
tioning, electrical, mechanical), dec-
orator, dressmaker, baker, painter,
upholsterer, a radio, television or
home appliance repair business, or
similar service establishments.
c. Private clubs, fraternal organiza-
tions, liquor licensed establishments
and lodge halls.
d. Restaurants and fast-food restau-
rants when incorporated cvithin a
multi-use retail center and which do
not provide drive-through windotiv
service.
e. Theaters, assembly halls, auction
halls, bingo halls, concert halls, re-
ception halls or similar places of
assembly when conducted completely
within enclosed buildings.
£ Veterinary clinics without boarding
(eacept for medical procedures); tat-
too parlors.
g. Dlail order hou;es.
h. Healthlsport clubs, concersation/rap
pazlors, massage parlors and steam
room/bathhou=_e facilities which are
not adult uses.
i. Food catering establishments.
j. Brzw on premises stores as regu-
lated by Minnesota state la�as.
§ 60.542 LEGISLATIVE CODE
k. Coffee kiosks.
1. Fully enclosed auto sales when in-
corporated within a multi-use retail
center. �
(3) Recyclina drop-off station; provided, that
the facility:
a. Shall not occupy an area more than
two hundred (200) square feet and
shall not interfere �vith parking and
maneuvering requirements of the
principal use;
b. Shall be screened pursuant to sec-
tion 62.107 if it abuts a residential
use or district;
c. Shall be set back at least ten (10)
feet from any property line and shall
not obstruct pedestrian or vehicular
circulation; and
d. Shall be maintained free of litter
and other undesirable materials.
(4) Currency exchange business when lo-
cated at least one hundred (100) feet from
any residential lot in a residential district
or at least one hundred (100) feet from
any residential lot occupied with a one-,
twa, three-, four-, townhouse, or multiple-
family dwelling, measured from the clos-
est point of the building in which the
business is located to the closest residen-
tial property line.
(5) Other uses similar to the above uses.
(6) Accessory building, structures and uses
as defined in section 60201.
(Code 1956, § 60.492; Ord. No. 16956, 9-9-82; Ord.
No. 17204, 1-15-85; Ord. No. 17524, § 12, 1-6-88;
Ord. No. 17564, § 7, 5-19-88; Ord. No. 17611, §§ 1,
2, 11-3-88; Ord. No. 17646, § 6, 4-6-89; Ord. No.
17689, § 4, 10-26-89; Ord. No. 17777, 10-11-90;
C.F. No. 93-1718, § 38, 12-14-93; C.F. No. 94-1863,
§ 2, 1-18-90; C.F. No. 96-77, § 2, 2-14-96; C.F. No.
96-1342, § 2, 11-13-96; C.F. No. 97-1089, §§ 2, 3,
10-1-97; C.F. No. 00-972, 11-8-00)
Sec. 6�.543. Required conditions.
The following conditions shall be required of all
uses in the B-2 Community Business District:
(1) All business establishments shall be re-
tail or service establishments dealing di-
rectly with consumers. All goods provided
on the premises shall be sold at retail on
the premises �chere produced.
All business, storage, servicing or process-
ing shall be conducted �vithin completely
enclosed buildings. Provided, howecer, that
the following uses may be conducted out-
doors if specifically allowed as a permit-
ted use or specialcondition use: Off-street
parking,off-streetloading oroutdoorbusi-
nesses and outdoor businesses with out-
door storage.
(Code 1956, § 60.493; C.E No. 92-1479, § 5,
12-15-92; C.F. No. 00-972, 11-8-00)
Sec. 60.544. Principal uses permitted sub-
ject to special conditions.
The following additional uses shall be permit-
ted, subject to the standazds specified for all
special condition uses as set forth in section
64.300(d). All principal uses permitted subject to
special conditions shall be reciewed and approved
by the planning commission.
(1) All uses as permitted and regulated in the
B-1 Local Business District under princi-
pal uses permitted subject to special con-
ditions.
(2) Open air uses which are accessory to a
principal use permitted in the district and
located on a zoning lot at least twenty
thousand (20,000) square feet in azea as
follows:
a. Retail sales of plants not grown on
the site, lawn furniture, playground
equipment, and garden supplies; pro-
vided, further, that such use shall be
located at the end or reaz of the
building.
(3) Bowling alley, billiazd hall, indoor az-
chery range, indoor tennis courts, racquet
ball and hand ball courts, dance hall,
electronic game room, indoor skating rink,
or similar forms of indoor commercial
recreation when located at least one hun-
dred (100) feet from any front, reaz or side
yard of any residential lot in an adjacent
residential district measured from the clos-
Supp.No.46 554
LICENSES
skin injury and allergic reactions. Re-
peated exposure may cause premature
aging of the skin and skin cancer.
"4Vear protective eyewear.
"FAILURE TO USE PROTECTIVE
EYEWEAR MAY TZESULT IN SEVERE
BURNS OR LONG-TERM INJURy TO
THE EYES.
"Medications or cosmetics may increase
your sensitivity to the ultraviolet radia-
tion. Consult a physician before using
sunlamp or tanning equipment if you are
using medications or have a history oF
skin problems or believe yourself to be
especially sensitive to sunlight."
(C.F. No. 93-1733, § 6, 12-9-93)
Sec. 380.07. RuIes and regulations.
Ru1es and regulations. The director of environ-
mental protection may upon notice and hearing
promulgate such rules as he or she deems neces-
sary to carry out the provisions and purposes of
this chapter, to protect the public health, to pro-
vide for safe and sanitary operation of tanning
facilities, to provide for the safety of tanning
equipment, and for the proper training of persons
employed in the operation of tanning facilities.
Notice of the promulgation of such rules and the
hearing date shall be given to all licensees, and
notice of the hearing date published once in the
legal newspaper. The notice shall advise that at
the hearing written or oral comments on proposed
rules will 6e received, and how a copy of the
proposed rules can be obtained.
(C.F. No. 93-1733, § 7, 12-9-93)
Chapter 381. Currency Exchanges
Sec. 381.01. State license required; defini-
tion.
No person shall engane in the business of a
currency exchange in Saint Paul without a license
as provided by Nlinnesota Statutes Chapter 53A.
(C.F. No. 94-46, § 2, 2-2-94)
§ 381.02
Sec. 381.02. Procedures; hearing; fee.
(a) Procedures. Upon receipt of a completed
application from the coinmissioner of commerce
for a new license, the matter shall be referred to
the Office of License, Inspections and Environ-
mental Protection for investigation of the appli-
cation. Published notice shall be given of the
receipt of the application, and notice shall also be
given to the affected neighborhood groups, giving
them fifteen (15) days to respond with any objec-
tions to issuance of the license. If no objections are
received to the issuance of the license, LIEP shall
recommend issuance of the license to the commis-
sioner of commerce. In the event objections are
raised to the issuance of the license, the applicant
is entitled to a hearing as set forth below.
(b) Hearing. The hearing shall be held hefore
an independent hearing examiner in conformity
with the provisions of section; 310.05 and 310.06
of the Legislatice Code, and the rules of the office
of administrative hearings, to the extent such
rules are not 3n conflict with sections 310.05 and
310.06.
(c) Renewal applications. The director of LIEP
shall in �vritine notify the council, and the af-
fected neighborhood organization(s) established
for citizen participation purposes, �vithin five (5)
days of receipt of a renewal application, and shall
publish notice oFintention to consider the possible
renewal applicarion. If an application for renewal
of a currency exchange license is received and no
grounds for objection have been raised within
fifteen (15) days ofsuch notice, LIEP shall recom-
mend issuance of the license to the commissioner
of commerce. If objections hace been raised to the
issuance of a renewal license, the matter shall be
scheduled for a hearing before an administratice
law judge, and the hearing requirements of Saint
Paul Legislatice Code section 310.0� shail apply
(d) Fee; costs. The applicant shall pay, «-ithin
fifteen (15) dacs following receipt of the applica-
tion by the cit}', a fee coverin� the costs of admin-
istering and processing the application in an
amount to be established in conformity with the
procedures in �ection 310.09�b) of the I.ea slatice
Code. The applicant shall also reimburse the city,
w�ithin fifteen (15) days following action by the
city council on the application, for its costs in
Supp.No.41 2155
§ 381.02
LEGISLATIVE CODE
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; C.F. No. 99-232, § 1,
4-14-99)
Sec. 381.03. Grounds for disapproval, etc.
(a) Disapproual. 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 conclu-
sions of lacv of the independent hearing examiner
and may amend the sazne to conform to its deci-
sion on the record and the testimony. Notice of the
disapproval may be communicated to the commis-
sioner of commerce before the effective date of any
such resolution where necessary to avoid a pre-
sumption of concurrence.
(b) Grounds for dis¢pprov¢l. 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 Chap-
ter 53A.
(2) Any one (1) or more of the reasons, condi-
tions, or standards for adverse action un-
der 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 ex-
change as proposed would cause sig-
ni£cant adverse consequences or im-
pacts upon the neighborhoods within
three hundred (300) feet of the ex-
change. Such anticipated effect must
be shown by clear and convincing evi-
dence.
(ii) The existing cusency exchange has
caused significant adverse conse-
quences or impacts upon the neigh-
borhoods �vithin three hundred (300)
feet of the exchange.
l37 Failure of the applicant to agree to rea-
sonable conditions upon the operation of
the business in accordance with the pro-
cedures in section 310.05 and the grounds
af 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 la�c, and annual audits at the
licensee's expense.
(6) The applicant is not of good moral chaz-
acter 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
interestin 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 ¢nd corpor¢tions. 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 thete is a basis for denial as to any (i)
shazehalder 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 man-
agement 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 follo�ving meaning when used in this chapter
and in Chapter 310 of the Legislati� Code.
(a) Applicant. The term "applicant" includes
persons, partnerships, firms and corporations and
all other forms of business centures. It also in-
cludes employees who exerci,e management or
policy control over the enterprise, general and
limited partners, shareholders of more than five
Supp,\o.41 2156
LSCEVSES
(5) percent of the outstanding or issued shazes of
a corporation, and corporate managers, officers
and directors.
(b) Application. The term "application" in-
cludes applications for both new and renewal
licenses.
(c) License. The term "license" refers to the
state currency exchange license provided for in
Minnesota Statutes Section 53A.02.
(d) Currency exch¢nge. The term "currency ex-
change" 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
eschange 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, which-
ever is greater.
(C.E No. 94-46, § 5, 2-2-94)
Chapter 382. Pet Grooming Facilities
Sec. 382.01. License required.
No person shall engage in the business of
operating a dog and cat grooming facility without
a license. Each such facility shall be separately
licensed.
(C.E No. 94-202, § 1, 3-23-94; C.E No. 99-521, § 1,
7-7-99)
Sec. 382.02. Definitions.
(a) C¢t means and includes any male or female
domesticated feline animal.
(b) Dog means and includes any male or fe-
male animal of the dog kind.
(c) Pet grooming means the act of grooming a
pet. For purposes of this chapter, grooming shall
include, but not be limited to, the bathing, fur
clipping or manicuring of any dog or cat.
§ 382.05
(d) Pet grooming facility means any facility
engaged in the practice of pet grooming that is not
a"pet shop," as defined in section 347.02 of the
Legislative Code.
(C.E No. 94-202, § 2, 3-23-94; C.E No. 99-521, § 2,
7-7-99)
Sec. 382.03. Fee.
The fee required for a license shall be estah-
lished by ordinance as specified in section 310.09(b)
of the Legislative Code. The licensee shall display
the license in a prominent place on the premises
at all times. The license shall 6e renewed annu-
ally on the annicersary date of such approval.
(QE No. 94-202, § 3, 3-23-94)
Sec. 382.04. Application.
Applic¢tion. Every applicant for a dog and cat
grooming license shall file an application with the
Office of License, Inspections and Environmental
Protection (LIEP). The application shall be on a
form prescribed by LIEP containing such informa-
tion as the director of such o�ce may require
including, but not limited to, the applicant's name,
address and telephone number, the name, ad-
dress and telephone number of the dog grooming
and cat grooming facility.
(C.F. No. 94-202, § 4, 3-23-94)
Sec. 382.05. Rules.
The director of environmental protection may
upon notice and hearing promulgate such rules as
he or she deems necessary to carry out the provi-
sions and purposes of this chapter, to protect the
public health and to provide for the proper care of
animals and to provide for cleanliness and proper
sanitation of such facilities. Notice of the promul-
gation of such rules and the hearing date shall be
given to ali licensees, and notice of the hearing
date shall be published once in the legal ne�vspa-
per. The notice shall advise that at the hearing
written or oral comments on the proposed rules
will be receiced, and ho�i a copy of the proposed
rules can be obtained. Such rules shall be effec-
tive after such heazing �vhen filed in the office of
Supp. I`o. 41 2157
� - �+i? R : �i
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§ 53.09 L'�'DUS272L�I. LO.SN A.\'A TfIRIFT CO�A.i'IEg
1, and section 46.0.5, subdiro-ision 1, to facilitate the qualifications of the company to partieipyta
in the United States Small Business Administration loan guarantee or similar programs,
Each licensee shall pay to the commissioner the amount required under section 46.13I, and
the commissioner may maintain an aetion for the reco�•ery of the costs in a eourt of competent
jurisdietion.
Subd. 3. Penalties. The penalties for violation of this chapter, or for any a�rongdoing in
eonnection there«if.h, shall be f.he same as those applied to state banks under the laws of thi;
state. In addition to being subject f.o the penaIties in section 48.28, a eompany in violation of
seetion 53.05, clause (2), may cure this ��olation in the manner provided in section 4823.
Subd. 4. Interpretire opinions. The commissioner may honor requests from interested
parties for interpretive opinions in eonneetion with the administration of this chapter. n�o
provision of this chapter or of any other chapter to which this chapter refers whieh imposes
any penalty shall appIy to any act done or not done in confornrity with any �,Titten
interpretive opinion of the commissioner, notuzthstanding that such a�ritten interprefice
opinion may, after such act or omission, be amended or rescinded or be deternuned by judieial
or other authority to be invalid for any reason.
Amended by Laws I989, c. 166, § 24; LaaS 1992, e. 557, art- I, § 21; Laws 1993, c. 257, § 35, eff. May
Z0, 1993; Laws 5995, e. 202, art. I, §§ i& to I8, efE May 20, 1995; Laas 1996, c. 414, aR. 1, § 25, efi.
Apri13, 1996; Laws 1997, e. 151, § 46, efL May 17, 1997.
Historical and Statuforv Notes
1989 Legislation
The 1989 amendment pro�ided that in adffiGon
to being subjeet to penalties in § 4828, a company
��olating § 53.05, cl (2) may cure the violation as
provided in § 4828.
1992 Legislafion
The 1992 amendmenF in subd. 2, cl. (1), deleted
a requirement that the report be published once,
at the espense of the industrial loan and thrift
company, in a neu4paper of the county of its
loeation, aith proof 61ed csith the eortunissioner of
eommerce.
1993 Legislation
The 1993 amendment added subd. 4, relating to
interpretire opinions.
1995 Legislation
The 199a amendment, in subd. 1, provided that
the examinations u•ere to be eonducted foY the
ptirposes set forth in § 46.04, subd. 1, and Speeified
that this subdi�ision applied to industrial loan and
thrift crompanies `�ith the right to issue thrifr
certificates for incestment"; in subd. 2, cl. (U,
ehanged ihe reporting date from "before the fust
day of Febraary�' to "before the first day oi
Much"; and added subd. 2a, allok�ing the cor.imi-
sioner to investigate whether the licensee is cor.i-
p7ying uith this chapter,
1996 Legislation
The 1996 amendment, in subd. 2, cl. (2), deleted
a proi�sion requiring eaeh industrial loan and thrift
company to make the publication required of stace
banks pursuant to § 45.48.
1997 Legislation
Laws 1997, c. 167, § 46, in subd. �a, authorizeo
the wmmissioner, uyon w'ritten agreement «it1
the company, to conduct eaaminations applying tce
procedures for purposes of subd. 1, and § 46.0-1,
subd. 1, to faeilitate the qualiSeations of the com-
pany to participate in the U.5. Small $usines�
Administration loan guarantee or similaz p:o-
grams.
Chapter 53.�
CURRENCY EXCfL�\GES
Secfion Section
53A01. Definitions. a?AO&. Bond. �
53A02. License. S3AOS1. Annual repor[ and im
a3A63. Appliea5on for Gcense; fees. 53A69. Pov: ers; limitafions, pro}ubitions.
53A.61. dpprocal or denial of an applieafion, a3d.10. �olafions.
53A.05. Change of name, ownership, or location. 53A31. Booics of account; annuai report.
53A06. Fine, suspension, or recoeation of G- "a39.12. Hules.
cense. 53A13. Fee notice; false adcertising; penai[p.
"a3A07. Filing of fees; unreasonable fees. 53A14. Repealed.
330
; s� y,i,��;. „ _� ..�-='-;,.:
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�'+�_�?� . • � .
�`-�--���`"``t--cz�'?✓.'i?.� _,__ � """_'""_'"' "_" _
CUKRENCY EXCFL4:�GES
SV�ESTI..9w Elecfronic Research
See tiVESTLA4V E2ectronic Researeh Guide fol-
lowing the Preface.
534.01. D�nitions
§ 53A.03
Subdirision 2. Cunency eschange. "Currency eaehange" means any person, except a
bank, trust company, savings bank, savings association, cred'at union, or industrial loan and
thrift company, engaged in the business of cashing eheeks, drafts, money orders, or traveiers'
checks for a fee. "Currency e.echange" does not inelude a person who provides these services
incidental to the person's primary business if the charge for cashing a check or draft does not
esceed $I or one percent of the value of the check or draft, whichever is greater.
Su6d. 2. Commissioner. "Commissioner" means the commissioner of commerce.
Laws 1989, c. 247, § 1. Amended by Laws 199n, c. 202, art 1, § 25, efP. May 25, 1995.
Historical and Statatory Notes
1989 Legisiation
Laws 1989, c. 247, § 16, provides that this sec-
tion u e@'ective August 1, I9S9. Existing currency
exchanges must submit applications in rompliance
rvizh this chapter by Oetober 1, 1959. No currency
exehange sha(1 operate without a license after De-
cember 31, 1959.
1995 Legislation
Laws 1995, c. 202, art. 1, § 2�, instructed the
revisor of statutes to ehange '�uilding and loan
association" or "sa�ings, building and toan assoeia-
tion' or "savings and toan assoeiation" or similar
term to °savings assoeiation" or similar term in
MinnesoW Statutes and Minnesota Rules.
53A.02. Licen,e
Sabdivision i. Requirement. A person may not engage in the business of a currency
exchange without first obtaining a license from the crommissioner. Nat more than one place
of business may be operafed under the same license, but the commissioner may issue more
than one license to the same licensee upon cromptiance by the applieant with all the provisions
of this chapter for each new license issued.
Subd.'L. Distance limitation. No license may be issued or renewed under this chapter if
the place of business to be operated under the license is located or proposed to be located
�vithin one-half mIle of another licensed currency exchange. Tke distance limitation impased
by this subdivision is measured by a straight line from the ciosest points of the closest
structures involved.
Subd 3. Prohibition. A licensee may not contraet with another person or basiness
entity to manage the currency e�cchange business. TMs subdivision does not prohibit the
licensee from employing persons to operate a currency exchange facility.
Laws 1989, e. 247, § 2, Amended by Laws 1992, c. 504, § 2.
Historical and Statufory Notes
2958 Legislafion
Laws 19&9, c. 217, § 16, provides that ttds sec-
tion is effective August 1, 1989. Esisting currency
exchanges mast submit applieations in compliance
ntith this chapter by October 1, 1989. No currency
eschange shall operate xithout a license afrzr De-
cember ^ol, 1959.
1992 Legislation
The 1992 amendment rewrote this section, which
had read:
"A person may not engage in the business of a
currency exehange without first obtaining a license
from the eommissioner. A person may operate
currency exchanges at more than one location with
one license.°
Laws 1992, c. 504, § 9, pro�ides in part that § 2
is effective Aprii 21, 1992, thaE § 2, subds. 2 and 3,
apply to licenses issued for nem plares of business
that begin operating on or afrzr the effeetive date,
and that § 2, subd. 1, applies to Hcenses issued or
renewed on or after that date.
53A.03. Applicateon for license; fees
(a) An applicaGon for a license must be in writing, under oath, and in the form prescribed
and fizrnished by the commissioner and must contain the foIIowing:
331
a.h'
�,� - _
§ 53A.03 CURRE\CY EYCEL4NGES
�.'� � (1) the full name and address (both of residence and place of business) of the applicant, and
if the applicznt is a partnership or assoeiation, of e� member, and the name and business
address if the applicant is a corporation;
' (2) the county and municipality, alth street and number, if any, of all currencq exehange
�. loeations operated by the applieant; and
{3) the applicant's occupation or profession, for the ten years immediately preceding the
'�-- application; present or pre��ious eonnecflon �ith any other currency e�change in this or any
other state; �rhether the applicant has ever been eom of any crime; and the nature of
��.' the applicant's oecupancy of the premises to be licensed; and if the applieant is a partnership
or a corporation, the informaflon specifie@ in this pazagraph must be supplied for each
- partner and each officer and director of the eorporation. If the applicant is a partnership or a
°�� � nonpubliciy held corporation, the information spee�ed in this paragraph must be required of
�.°?" each partner and each o�cer, director, and stockholders on in excess of ten percent of
the eorporate stoek of fhe corporation.
-� (b) The application shall be aeeompanied by a nonrefundable fee of $1,004 for the re��e�v of
the initial application. Upon approval by the commissioner, an additional lieense fee of $000
must be paid by the applicant as an annual &cense fee for the remainder of the calendar year.
� An annual license fee of $500 is due for each subsequenf. catendar year of operation upon
- submission of a license renewal application on or before September 1. Fees must be
deposited in the state treasury and credited to the general fund. Upon payment of the
. required annual license fee, fhe commissioner shall issue a license for the year beginning
Jan¢ary 1.
(c) The commissioner shall require the applieant to submit to a baekground invesYigation
conducted by the bureau of criminal apprehension as a condition of licensure. As part of the
background investigation, the bureau of criminai apprehension shali conduet cruninat histaiy
checks of Minnesotz reeords and is authorized to e�change fingerprints «�th the Federal
Bureau of Investigation for the purpose of a criminal baekground check of the national files,
The cost of the invesfagation must be paid by the applicant.
(d) Far purposes of this seetion, "applicant" ineludes an empIoyee who exercises manage-
ment or polley control over the company, a director, an offcer, a timited or general partner, a
manager, or a shareholder holding more than ten percent of the ovtstanding stock of the
wrporation.
Larvs 2939, e 247, § 3. Amended by La�i 1�J92, c. 604, § 3; Laws 1993, e. 3"s1, § 1; La�s 1999, c. 223,
art. 2, § 2.
: �.
Historical and Stafutory Notes
1989 Legislation
Lax•s 1989, e. 24?, § 16, pro�ides that this sec-
tion is effeeuce August 1, l939. Eaisting currency
eschanges r.mst submit app[icafions in compliance
nith t}us chapter by October 1, 1959. No curreney
e�ehange shai] operate �tithout a license after De-
cember 31,19S9.
1992 Legislation
The 1992 amendment added pars. (c) and (d),
requiring a bacl�s,mound incestigation of applicants
and defining "applicanti', res[�ecfiaely.
� 53.�
i C
�
; o£c
� ch�
th�
ch�
th�
Lans 1992, e 543, § 9, prolides in part that ¢ 3
is effecti��e April 24, 1992, and app7ies to licenses ' =
issued or reneti�'ed on or after that date, ad
re—
1893 Legislation th�
The 1993 amendment ehanged the date from '
Dec. 1 to Sept. 1 m the thud sentence of pu. (b). : L
539.04. 3pprocal or deniai of an application
(a) R%ithin 30 days after the receipt of a complete application, the eommissioner shall deny
the applica5on or submit the applieation to the gocerning body of f,he local unit of go�•ernment
in vrhich the applieant is loeated or is piroposing to be located. The commissioner may not
approce the application wzthout the concurrence of the go}�erning body. The go4erning body
shall give published notiee of its infenfion to consider Che issue and sha21 solicit testirnony
from interested pei�sons, ineluding those in the eommunity in ���hich the applicant is located or
is proposing to be located. If the gocerning body has not xpproved or disapproced the issue
332
19
ti
e
«
e.
c
1
r
i �x �;� � _ �-
�_r �
. c 1 _ Lt`�+- �� J (`£'' �i } . _ „ �'y ° . . .
�S _ i
.-. , _ t5`,. - . . .
YGES
nt, and
zsiness
change
ing the
or any
�ture of
aersYrip
n each
hip or a
iired of
rcent af
:view oF
of $a00
u• year.
m upon
uust be
t of the
�e nning
;tigation
rt of the
t history
Federal
na1 files.
manage-
aitner, a
k of the
99, c. 223,
t that § 3
co licenses
date from
of par. @)-
CUAItENCY EXCI��IGES § 53A.05
within 60 days of receipt of the appiicaflon, concurrence is presumyd. The conunissioner
must approve or disapprove the application within 30 days from receitiing the decision of the
governing body. 1`he gocerning bodv shall hace the soIe resnonsibility for its decision. The
state shall have no responsibility for that decision.
(b) If the app&cation is denied, the commSssioner shal! send by mail nodce of f.he denzal and
the reason for the deniai to the applicant at the a@dress contained in the application. If an
application is denied, the appticant may, within 30 days of recei�ing the notice of a denial,
request a contested case hearing pursuant to chapter 14; pro�9ded that if thy deniai is based
upon the refusal of the governing body ta concur the gocerning body must afford the
applieant a hearing, The applicant shaR have no right to the hearing provided for in this
section if the deniat is based upon the governing body's refusal to concur but shall have a
hearing before the governing body.
(c) This section applies to initial applications and renewal applications.
(d) The state shalI have no responsibility for the action of the gocerning body.
Iarvs 2989, c. 247, § 4. elmended by Laws 1992, c. 5W, § 4.
$is!orical and Sfatutory Notes
1939 Legistafion
Lans 1959, c. 2d7, § 16, prmtides that this sec-
tion is effective Augvst 1, 1938. Existing cumency
exchanges must submit applications in complianee
nith this ehapter by October 1, 1939. No eurrency
eschange shall operate aithout a license after De-
cember 31, 1989.
1992 Legislafion
The 199E a�nendment reazote thic section, wfiich
hact read:
"The commis,ioner shall approve or deny an
zpplication �vithin 30 days from the completed
filing of it. If khe applieation is denied, the com-
missioner shall send by� mail noflce of the denia!
and the rea�on for the deniai to the applicant at
che address contained in the application. If an
apptication is denfed, the appticant may-, within 30
days of recei�ing the nutice of a denial, request a
conEested ense hearing pursuant to chapter 14:'
La�es 199?, c. i94. §�J, Provide; in part that $ 4
is effective Apiil 2{, 19�J2, a�d applies to ]icenses
issued or rene}red on or after that dxte.
539.05. Change of name, ownership, or location
; Subdivision 1. Name or tocation. If a licensee pi•oposes to change the name or location
', of any or all of its cun•eney exchanges, the Gcensee shall fde an application for approcal of the
i change with the commissioner. The commissioner shall not approce a ehange of location if
� ' the reqirirements of sections a3A.02, subdivision 2, and 53A04 have not been satisfied. If the
change is approved by the commissioner, the commissioner shall issue an amended license in
� the licensee's new name or location. A$100 fee must be paid for the amended license.
� Subd. 2. Ownership. The licensee sha11 notify the commissioner 30 business days in
: adcanee of any change in ownership of the cmmency exchange. The commissioner may
! revoke the currency exchange license if the new ownership wouid have resulted in a deniai of
the iniEial license under the provisions of chapter 53A.
Laws 1g89, c. 247, § 5, Amended by� Larus 1992, e. 54f, § 5; Laws 1999, c. 223, azG 2, § 3.
Historical and Statutory Notes
7939 Legislafion
Laws 1939, c. 217, § 16, provides that this sea
6on is effective Avgust 1, 1989. Existing currency
>h2Il deny e�changes must submit app&ca5oas in comp$ance
>verttment n��' this chapter by Oetober 1, 1989. No curreney
exchange sha71 operate «ithout a Geense afrer De-
r may not cember 31, 1989.
-ning body
testimon}' �99? Legislation
located or The 1992 amendment rewrote this section, u
1 the issue Ead read:
"If a Gcense proposes to change che name or
localion of any or all of its currer.rs eschanges, or
zdds a neu currency esehange locacion, the Gcen-
see shall £ile an application for approc of the
change with the commi;sioner. ti the change i�
approved by the commissianer, fr,e com:nusioner
shait issue an amended license in the licensee's
new name or location. A$"a6 fee must be paid for
the amended license."
Laus 1992, c. 5W, § 5, pmcides in part that § 6
is effeetice April ?z, 1992 and applies to licenses
iscued or renen�ed on or after that date.
333
i
r
�
_ _ �
'A
�_.S .
.. -- - - : -''`_
u`.
; �n=
;ty:���, - . _, . • . .
§ 53A.06 CURRENCY EXCIiANGES
- 53P..06. Fine, suspension, or recocation of license
(a) The croimnissioner may suspend or reroke any license under seetiun 4a.027 if the
commissioner finds that:
(1) the Ifeensee has failed f,o pay the annuai license fee or to maintain in effect the req�d2ed
bond or to comply with any order, decuion, or finding of the commissioner under Laas 1989,
chapter 247;
(2) the licensee, or any officer or director of a corporate licensee, has �'iolated any provision
of Laws 1989, chapter ?A7, or any nile or order of the eommissioner under this chapter or
chapter 45;
(3) the &censee, or any offieer or director of a corporate licensee, has violated any otLer ]aw
which would indieate that the person is untrustworthy or not qualified to operafe a ciurency
�ehange; or
(4) any fact or condition e�sts which, if it had ebsted at the time of the original or renewal
application for the license, wovld have �van•anted the commissioner refusing the issuance of
the ticense.
(6) A license may not be revoked vntil the lieensee has had notice of a hearing pursuant to
the provisions of chapter 14.
(c} A licensee may surrender any license by delivery to the commissioner. The surrender
does not affect the licensee's civil or crirninal liability for acts committed before the surrender,
or a�'ect the liability on the band required by sections 53A01 to 53A23, or entiUe f.he licensee
to a return of any part of any ficense fee.
(d) Before suspension or revocation ot the license, tiie commissioner may fine a licensee for
violafions of Laws 1989, chapter 247, as authorized under ehapter 45.
Laws 1989, c. 247, § 8.
CURR
The cc
issued
Lan's 1,'
1959 Le
Laus
Lion is e-
e�chang
533.03—
Befo
nith a�
author—
to the
1I1Ci17T'�
for lia
check,
1t1C1ll1
The �
comm
the a�
licens
mone
inttia�
Laas
$isturical and Sfatutory Nof.es
1989I.egislation a•ith this chapter by OcWber 1, 1989. No currency � Igeg �
Laws 1989, e. 247, § 16, pm�2des that this ser exchange shall opente without a license after Dr i La�
tion is e@'ective August 1, 1989. E�sting ewrency cember 31, 1989. � tion i—
exchanges must submit applieations in comptiance ! exch�
uith
53A.07. Filing of fees; unreasonable fees s ezcn�
� cen�
Subdicision 1. Appmval of fees. Fees charged at each location for eheck cashing ; 1g9 .,
services must be filed mith and approved by the commissioner. . .
Subd. 2. Amendment of fees. A licensee may amend its fees at any time by filing the , had —
proposed amendments with the eommissioner. The application for amendment shall be in ;
writing, under aath, and in the form preseribed by the rnmmissioner. A fee of $50 shall ; �gq
accompany the application. The crommissioner shall approve or deny the applicataon 60 days ; S
after the filing of a comglete application to amend its fees.
Subd. 3. Standazds; unreasonable fees prohibited The eommissioner may disapprove � j��
the fees filed by a curreney exchange if they are not fair and reasonable. In determinin%' esa
whether a fee is fair and reasonable, the comnissioner shall kake into consideration: ,
(1) rates charged in the past for cashing of checks by those persons and organizations' �
providing check cashing services in the state af htinnesota; ea�
(2) the income, cost, and eaperience of the operaGOns of curreney exchanges existing pnor P
to this enactment or in other states under similar conditions or regulataons; - e � �
(3) the amount of risk involved in the type of check to be cashed and the loeation where the
evrrency exchange operates; 1Ilt
(4) the generai cost of doing business, insurance costs, seeuriLy crosts, banldng fees, and
other eosts associated �yith the operations of the particular curreney exchange; k
(5) a reasonable profit for a evrrency eschange operation; and in
(6) any other matter the eommissioner deems appropriate. L
334
=:� :
ES
fhe
red
9&9, i
$IOR
r or �
•law
I
ency I
i
ewal
ee of �
nt to
;nder
�nder,
:nsee
�e for
�rrency
ter Dr
i
ashing '
ing the i
d be in :
"�0 shall '
i0 days
ipprove
-cnining
eration:
izations
ng prior
here the
ees, ap�
CURREhCY EXCHANGES §53A.081
The crommissioner shall set a separate rate, consisf.ent a the above standards, for checks
issued by a gocernment entity in an amoant up to $500 to be cashed by a eurrency e.schange.
Laws 1989, e 21i, § 7.
Historical and Statutory Notes
1939 Legis2ation with this chapf.er by October I,1989. \io etu7ency
Lams 7939, c, 2�7, § 16, pro�5des tt�at this sec- exehange shail aperate without a ficense after D�
tion is effective August 1, 1989. Existing currency cember 31, 1939,
ecchanges must submit appIIcations in compliance
53A08. Bond
Before a]icense may be issued to a currency exchange , the applicant shall file annually
with and have approved by the commissioner a surety bond, issued by a bonding company
authori2ed to do business in this state in the prineipa] arnount of $10,000. The bond must run
to the commissioner and is for the benefit of creditors of the currency exchange for liability
incurred by the currency exchange on money orders issued or sold by the curreney ecchange,
for liability incurred by the curreney exehange for sums due to a payee or endorsee of a
check, draft, or money order left with the currency exehange for collection, and for liability
incurred by the currency exchange in connection with providing currency exchange services.
The commissioner may require a licensee to file a bond in an additional amount if the
commissioner considers it necessary to meet the requirements of this section. In deternuning
the additional amount of the bond which may be required, fhe eommissioner may require the
liceasee to file its financial recrords, including all bank statements, pertaining to the saie of
money orders for the preceding 12-month period. In no case may the bond be tess than the
initial $10,000 or more than the outstanding liabflities.
Laws 1989, c. 247, § 8. Amended by Laare 1992, a 5�4, § 6.
Historical and Statutory Notes
1989 Legislation
Laws 1939, c. 247, § 16, pro�5des that this sec-
tion is effective August i, 1939. Existing curreney
exchanges must submit applications in compliance
with this chapter by October 1, 1989. No currency
eschange shal] operate without a limrtse after De-
eember 31, 1939.
1992 Legislation
The 1992 amendment renrote this section, which
had read:
"My curreney e�change that engages in the sale
of money orders or travelers' checks shall eomply
with bonding requirements pwsuant to seetion
48.1a1." �
Laws 1982, c. 504, § 9, proY-ides in part that § 6
is effecGce April 24, 1992, and applies W licenses
issued or renewed on or after that date.
53A.082. Mnuai report and incestigations
Subdicision l. .lnnual report. On or before April 30, a licensee shall file an annual
report nith the cromttussioner far the previous calendar year. The report must contain
information that the commissioner may reasonably require concerning, and for the purpose of
examining, the business and operations of each lieensed currency exchange.
Subd. 2. Imestigation. The commissioner may at any time and shall at least once in
each yeaz investigate the currency exchange business of any licensee and of ecer} persan,
parEnership, assoeiation, and corporation engaged in the business of operating a currency
exchange in the manner pro�ided under section 45.02i.
Subd 3. Fees and expenses. The licensee shall pay the rosts of an examination or
investigation in the manner provided under section 6DA03, subdivision 5.
Subd. 4. Classification of data. Financial information on indi�iduals and busine,ses'that
is submitted to the commissioner in the annual report under subdivision I are pricafe data on
individuals or nonpublic data.
Lau�s 199?, c 504, § i. Amended by Lan�s 1996, c 439, art. 1, § 6; Laws 1597, lst Sp., c. 3, § I9.
335
;
�
i
. a`-,:T�,�
§ 53A.081
CURREA'CY EYCHAtiGES ! �-y
Historical and Statutoty Notes
1992 Legislatian
Lans 1992, c. 50.f, § 9, protiides in part that §'r
v effecti� Ap:il 21, 7992, and applies to licenses
i;;ued or rene�red on or afi.er that date.
1996 Legislation
The 1996 aznendment, in subd. 1, required the
report to 6e fited on or before "April 30" nther
than "Mazch i".
1997 Legislation
La«s 1997, lst Sp, c. 3, § 19, added subd. 4,
retating to finalcial information on indi�iduaIs and
businesses su6mitted in the annual report.
�33.09. Poa�ers; limitations; prohibitions
Subdi�ision 1. Deposits; escrow accounts. A cun•eney exchange may not accept money
or curreney for deposit, or aet as bailee or agent for persons, fu�ms, partnerships, associations,
or corporations to hold money or currency in escrow for others for any purpose. Ho�t�ever, a
currency eachange may act as agent for the issuer of money orders ar travelers' cheeks.
Subd. 2. Gambling estabiishments. A currency exchange located on the premises of a
gambling establishment as defined in seetion 256.9831, subdivision 1, may not cash a warrant
that bears a restrictice endorsement under section 256.9831, subdivision 3.
Laws 1989, e. 297, § 9. Amended by Laus I996, c. 465, art. 3, $ 1.
Historicat and Statutory Nofes
19fi9 Legislation 1996 Legistation
Laws 1989, e 247, § 16, pro�ides that this sec- The 199& amendmenf designated easting text as
tion is effectice August 1, 1988. Eaisting curreney subd. 1; and added subd_ 2, relating to gambling
esehanges must submit applicatians in compliance establishments.
aith SMs chapter by October 1, 1958. No currency
exchange shall operate trithout a license atter De-
cember 31, 1959.
53A.I0. Violations
Any person, firm, association, partnership, or corporaUon that violates Laws 1989, chapter
247, shall be guilty of a misdemeanor.
Laws 1939, c. PA7, 4 10.
Historical and Statutory Notes
1959 Legislation
Laws 1989, c. 247, § 16, prmzdes that this sec-
rion is effec6ce August I, 1989. E.dsting cw
exchanges must submit applicauons in compliance
53A11. Books of account; annual report
wzth this chapter hy October 1, 1939. No curcency
ezchange shall operate tsithout a license after De
cember 31, 19E9.
�34,1?
The
and e�
Laics �
1999 �
Lai
tion i-
excf�-�
C�
267�
33�
C
se�
pr
i
7
i
I
i
i
�
I
j
ut
C�'
li
x
1�
The lieensee shall keep and use in the licensee's business the books, accounts, and records
that will enable the eommissioner to determine }cheYher the licensee is complying �tith the
provisions of Laws 1939, chapter 247, and «ith the rules adopted by the commissioner. A
licensee shall preseike the baoks, accounts, and recotds for at least t�ro years after makin
the final entn�.
La�s's I989, c. Zdi, § 11.
Historieal and Statutory notes
1959 Legislation uith tkus ehapter by OcWber 1,1989. No curri
Laws 1959, c 247, § 16, pro�ides that this see- eschange shail operate �ithout a license aftzr
tion is effectice August i, 1989. Existing currency cember 31,1559.
exchanges must submit applicaUons in compliance
336
�CH.A�`IGES
�dded subd. 4,
ndi�iduals and
epor� ,
accept money '
, associations,
. However, a
elers' checks.
premises of a �
ish a wan•ant
e�isting text as
ng to gambiing
; 1959, chapter
;�J, No currency
iicense afrzr De-
ts, and rewTds ,
ilying �vith tt�e �
nmissioner: A i
s after maldng
�"VEST:liE1VT A�l'D LOAN CO�IPANIES
a`39.22. Rales
The commissioner may adopt zules unger chaptyz. 14 as may be necessary to administ�.
and enforce this ehapter,
Laws 1989, c. 247, § 12.
$istorical and Sta{u;ory Yotes
1959 LegislaGan with this chapter by Oefober 1, 19fi9. No currency
Laws 1989, c. 2di, § 16, pro��des Ghat this see- ea:change shall operate althout a license after De-
tion is effeetive August 1, 1989, Eristing eurreno9 cember 31, 1989.
ezchanges must submit applications in complianre
Administrative Code Referencea
Curreney erchange rates, see Mina Rules
2872.0100,
53A.13. Fee notice; false advertising, penalty
Subdivision 1. Fee nofice. The fees charged by currency eschanges for rendering yny
service authorized by sections 53A.01 to 53A13 must be prominent(y clisplayed on the
premises of the currency exchange in tha fashion required by the commissioner.
ute, or an �tatzment or repre entation is false p�isl��g� or deceptiveor
that omits materiai information.
Subd. 3. Civil liability; penalty, A person who violates any subdivision of this chapter is
liable to the person damaged by the violation for actual damyggs. T(�e court may awat�d
reasonabte attorney fees and costs.
Laws 1989, c. 217, $ 23.
� $istorical and Statutory Itotes
1939 Legislation with this chapter by OcWber i, 7989. No curreney
Laws 1989, a 247, § 1&, provides that this sec- exchange shal7 operyte ayithout a license after De-
tion is efFeeflve AugusE I, 1988. Existing curreney cember 31, 1959.
erchanges must submit applications in compliance
Law lteview and Journal Commentaries
Statutory fee•shifting; New opportunities to en-
hance client results. Arlo H. Vande Vegte, 75
Mim�.74�ia1 Law. 3 (Fall 1990).
53A.I i. Repealed by Laws 1992, c, 504, § 8.
$istorical and Statutory Notes
The repealed secHon, which preempted loeal law Laws 1992, c. 504, § 9, pro�ides in part thyt § 8
requirements to the extent they were ineonsistent 3s egeeti,re Ap� y� 1992, and applies to licenses
with the requirements in c. 53A, was derived from
Laus 1989, e. 217, § 14. �ssued or renecced on or after that date.
Chapter 54
INVESTMENT AND Lp�SN COAIPANIES
i59. No currene! �
ficense after De- � 5eciion
' S429i.
IYVESTMENT CObiPeiD7IES
Annual e�vnination; informatianai re-
ports; cost af examinztion.
337
i
�
Council File # Q 1��,3 �
Green Sheet # J /Q!5 p �
Presented By
Referted To
RESOLUTION
CITY OP' SAINT PAUL, MINNESOTA
Committee: Date
1 VVHEREAS, Unbank Company, LLP, has applied to the Minnesota Deparhnent of
2 Commerce for a currency exchange license at 1614 White Bear Avenue; and
3
4 WHEREAS, pursuant to Minn. Stat.§53A the application was submitted to Saint Paul for
5 approval or disapproval; and
7 WHEREAS, the Office of License, Inspections and Environmental Protection has
8 recommended denial of the application because the location in question does not meet the
9 separation requirements of Saint Paul Legisiative Code §60.542, in that the building in which the
10 business intends to locate is within 100 feet of a residential lot at 1818 Idaho Avenue East; and
11
12 WHEREAS, the applicant challenged this determinarion by the zoning specialist and
13 requested a hearing before an Administrative Law 7udge, and the matter was heard on February
14 26, 2001 and the ALJ issued Findings of Fact, Conclusions and a Recommendation dated March
15 2, 2001, recommending denial of the license; and
16
17 WHEREAS, Saint Paul Legislarive Code §381.03(b)(10), provides that a currency
18 exchange license may be disapproved if the applicant or its proposed business location does not
9 comply with applicable zoning, building, fire and health codes; now, therefare, be it
0
�,�'�
01. � 31
RESOLVED, that the City of Saint Paul recommends disapproval of the currency
exchange license appiication by Unbank, LLP for the premises at 1614 White Bear Avenue in
Saint Paul to the Minnesota Department of Commerce.
FLJRTHER RESOLVED, that the Pindings of Fact, Conclusions and Recommendation of
the AL7 shall be adopted as the findings of the City Council in this matter.
Requested by Department of:
Adoption Certified by Council Secretary
By:
Appz
By:
BY � � � ' �'!X�✓
Form Approved by City Attor
BY: ��/o.�;� ��
Approved by Mayor for Submission to Council
Adopted by Council: Date ��\� ' 1 p�.� Q,
-- �—� --.-`�'�---•1
March 7, 2001
Councilmember
7, 2001 (Suspension Ztem) NUMBEItFOR
nounxc
orsoFx
TOTAL # OF SIGNATURE PAGES
QI—�3�
110302
GREEN SHEET
No
r•:,v�s�__,.,ie.r �e�
❑ c�n�rrou+Er ❑ anacvK _
❑ rwwcu��omeraew. ❑ nuxw�mna�uro
❑waroatoa�snsr.rrn ❑
(CLIP ALL LOCATIONS FOR SIGNATURE)
Disapproval of the curxency exchange license application by Unbank, LLP, for the premises
aC 1614 White Bear Avenue and adopting the Findings of Fac, Conclusions of Law, and
Recommendation of the Administrative Law 3udge.
PLANNING CQMMISSION
CIB CPMMITTEE
GVI4 SERYICE CpMMISSION
Where,
AMPt1NT @P T�NSA�lPN f _ _ _ _ .
gqyRgE
Has this aereaMum ever vrorked wWer a wNract Por thia tlepaRm&nlP
YES NO
Has thie persoNfrm ever been a oRy flmpbyee'I
YES NO
ooes this ce�oNfirm coescres a skill not normallypossesaed by eny cuneM city employee7
VES NO
Is thiy petsaNfum a Wrgeted ventlpR
VES NO
S:9Si1REV€NBE aUP2�e9lFIR&6� Qllkl Y_� MB
ACTNIfl'NUMBER
�NF4&u9fi�M totew�
OFFICE OF THE CITY ATTORNEY �/� � 3 I
Clayton M Robinson, Jc, Ciry Aaorney
CITY OF SAINT PAUL
Nam+ Co[eman, Mayor
��
February 15, 2001
civitDivision
400 Ciry Holl
I S West Kellogg Blvd.
Saint Paul, Minnesota 55102
NOTICE OF RE-SCHEDULED HEARING
A.ND
NOTICE OF COUNCIL HEARING
�
U
Mr. Dan Rosen
Rosen & Rosen
150 South 5'h Street, Suite 3250
Minneapolis, Minnesota 55402
S �'�` —
Telephone: 651 26587/0
Faaimile: 651198-Sb/9
Cpunci! Research C2r�fer
FE6 2 � 2001
RE: Currency Exchange License Application submitted by Unbank Company, LLP d/b/a
Unbank Company, LLP for the premises located at 1614 White Beaz Avenue in St. Paul
Dear Mr, Rosen:
As we discussed, we have now re-scheduled the administrative hearing to Monday, February 26,
2001. The hearing will begin at 10:00 a.m., in the Ramsey County Commissioners O�ce, Room
220 City Hall, Conference Room C. The State of Minnesota Office of Administrative Hearings as
re-assigned this matter to Judge Richard C. Luis (612-349-2542).
Additionally, given the time constraints for a response to the Minnesota Department of Commerce
on your client's application for a currency exchange license, and in anticipation of timely receipt of
the Administrative Law Judge's report, we have also scheduled this matter for public hearing in front
of the Saint Paul City Council, City Council Chambers, Third Floor, Saint Paul City Hall, on
Wednesday, Mazch 7, 2001. Public hearings begin at 530 p.m..
If you have any questions, I can be reached at 651-266-8710.
Sincerely,
- ���°'.�-�.c'��' '� c�Jl�--.�,
Virginia D. Palmer
Assistant City Attomey
cc: LaVon Regan, Office of Administrative Hearings, 100 Washington Square, Suite 1700,
Mpls, MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall �
Roger Curtis, Director, LIEP
Christine Rozek, LIEP
Chuck Repke, Community Organizer, District 2 Communiry Councii, I461 Sherwood Ave.
E., St. Paul, MN 55119
�
�
1�IAR. -0?' 01(FRII 13:56 OFFICE OF ADbIiN. HE,4RING TEL�61?349?665 P. 00?
o i- ��1
7-6020-14112-3
STA'I'� Or 1�II�fi'�SOTA
OrFICE OT ADMIlVISTRATIV� T��A.RL�'GS
FOR TII� SAINT PAiiL CITY COL?ICIL
In Re the Currency Exchange License FINDNGS OF FACT.
Appifcation of Unbank Company, LLP, for CONCLUSIONS AND
the Pcemises at 1614 White Bear Avenue RECO�tiTi4IENnATTON
The above-entitied matter came on for hearing before Administrative Law Judge "
(ALJ) Richard C. Luis, serving as hearing officer for the Saint Paul City Council on
Febtuasy 26, 20D1, at 10�,00 a.m. in Room 220 of the Saint Paul City Ha41-Ramsey
County Courthouse. The record was held open for submiss(on of proposed Findings of
Fact, Conclusions and Recommendation until February 28, 2001.
On January 30, 2001 the City issued a Notice of Hearing on the application which
set a hearing date for February 12, 2001.� The hearing was re-scheduled to February
16, 2001 8t the request of the Applicant? and ihen rescheduled again for February 26,
2001 3 The City's Notice of Re-Scheduled Hearing is dated February 15, 2001, and it
also sets this matter for a pu6lic hearing in front of the City Council on March 7, 2001 in
order to meet the sixty-day time requirement (See Minn. Stat. § 53A.o4(a).) for the {oca!
governing 6ody to communicate its approval or disapproval of issuance of the license to
the Department of Commeroe.
Virginia D. Palmer, Assistant City Attorney, 400 City Hail, 15 West Kellogg
Boulevard, Saint Paui, MN 55102, appeared on behaif of the St. Paul City Office of
License, Inspections and Environmental Protection (City, LIEP). Daniel N. Rosen,
Rosen and Rosen, 150 South Fifth Street, Suite 3250, Minneapolis, MN 55402,
appeared on behalf of the Applicant, Un6ank Company, LLP.
NOTICE
This Report is a recommendation, ��ot a final decision. The Saint Paul City
Councii will make the final decision after a review of the record and may adopt, reject or
modify these Findings of Fact, Conciusions and Recommendation. Pursuant to Saint
Paul Legislative Code § 310.05(c-1), the City Council will provide the Applicant an
apportunity to present oral or written argument to the City Councii before it takes final
action during or after its hearing on March 7, 2001. Pa�ties should contact the Saint
' City�s Exhibit 2.
2 City's Exhibit A.
3 City's Exhsbit 5.
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01-�31
Paul City Council Offices (651/26fi-8500) to determine the procedure for presenting
argument.
STAT�MF�iV'T OT ISSTIE
Has the Applicant shown by a preponderance of the evidence that it meets the
requirements of fhe 5aint Paul zoning code for a currency exchange license at its
proposed husiness location?
Based on all the proceedings herein, the Administrative Law Judge makes the
following:
TTNDINGS OF T�'ACT
1. On January 11, 2001 the Department of Commerce fonuarded an
application for a currency exchange license to the City of Saint Paui. The applicafion
was submitted in the name of Unbank Company, LLP, for premises located at 1614
White Beaf Avenue in Saint Paul. The zoning classification of 1614 White Bear
Avenue is 6-2.
2. Unbank is a Limited Liability Partnership, incorporated in Minnesota. Gary
A. Dachis and Stuart D. Tapper, President and Vice-President respectively, are each
listed as 50% owners. At the hearing, Stuart Tapper festified that Jean Williams would
also have some ownership inierest in the business of the proposed location.
3. Upon receiving the application from the State of Minnesota, the Offce of
License, Inspections and Environmental Protection for fhe City of Sainf Paul sent notice
of the license to neighhorhood groups and notice was also published of the receipt of
the application in accordance with Saint Paul Legislative Code § 381.02(a) 6
4. The currency exchange
located at Hillcrest Shapping Center
located inside the building, which is c
Avenue fo the west, Gary Street to the
This piece of property is all identified a
number.
is proposed to be located inside a sfrip mall
m White Bear Avenue. The business will be
n a parcel of proper(y bounded by White Bear
east, Idaho to the north and lowa to the south.'
� one parcel, with a single property identification
5. The peputy Director of LIEP referred the application to Jeff Hawkins, a
zoning specialist in the LIEP office, to determine whether the proposed location met the
requirements of Saint Paul Legislative Code § 60.542.
4 City's Exhibit 1.
5�
e City's Exhihif 6.
� Clty's Exhibit 7.
a This was thc section of the Soint Psul Legislative Code at tha Eime the matter was Ieferred to N�*.
Hawkins Since that time, the section has 6een renurr,bered, and is now Saint Paul Legislative Code §
60.542, but the wording has not heen changed.
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o �- as �
6. Section 60.542 sets out the principal uses permitted in a B-Z Community
6usiness pistrict. Subdivision (4) addresses currency exchanges, which are permitted
when the "business (is) located at least one hundred (100) feet from any residentiai lot
in a residential disfrict or at least one hundred (100) feef from any residential lot
occupied with a one-, fwo-, three-, four-, fownhouse, or multiple-family dweiling,
measured from fhe c4osest paint of the building in which fhe business is Iocated fo fhe
closest residential property Iine,"
7. Mr. Hawkins went to the property to measure the distance from the
bui{ding to a house located across Gary Street, which was the nearest residential lot.
The address of that property is 1818 Idaho Avenue East.
B. Mr. Hawkins consulted with Wendy Lane, the zoning manager for LIEP, to
determine the appropriate way to measure. She advised him that the method of
measurement in the code requires measurement from the outside wall of the 6uilding
closest to the residential lot.
9, The distance from the easternmost end of the building to the fence line ot
the lot measured 56 feet. 6ased on that measurement, Mr. Hawkins denied zoning
approval for the license application as it did not meet the requirements of the zoning
code. The point at which the measurement was taken is the back wall of the space
occupied hy Snyder's Drug Store, which has an address of 1620 White Bear Avenue.
The building juts out approximately 65' farther to the east at that point than it does at the
wall behind where the currency exchange business intends to locate.
10. The back outer wail of Snyder's is part of an addition that was built on at a
later date than the original construction. The space in the addition is occupied by
Snyder's and is partly used as commercial space and partiy as storage. It is not a
separate building.
11. Saint Paul t�egislative Code §64,203 sets forth the procedure for applying
for a variance from a zoning provision. Currently there is a one-year moratorium in
existence for the White Bear Avenue Area, and the Applicant would be unabie to app{y
for a varianca from the distance fequirements of the zoning code at this time. The
moratorium is in effect at feast to December 22, 2001.
12. Charles Repke, a representative of District 2 Community Council, the
neighborhood organization for the area in which the business wishes to locate,
appeared at the hearing in support of LIEP staff's interpretation of the zoning code. He
testified that the community has an interest in consistent interpretation of the pro�isions
of the code so that they can be aware of what iypes of businesses might be able to
locate in any given building or area. He voiced concern that a business which would
otherwise he prohibited at a location might be able to circumvent the provisions of the
code by reconfiguring interior walls.
B City's Exhibit 3.
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oi-a3J
Based upon the foregoing Findings of Fact, the Adminisirative Law .ludge makes
the following:
C_ONCLUSIONS
1. The St. Paul Cify Council and the Administrative Law Sudge have
jurisdiction in this matter pursuant to Minn. Stat. §§ 14.55 and 53A.02 and Saint Paul
Legislative Code §§ 310,05, 310.06 and 381.02.
2. The City of Saint Pau1 has fulfilled al{ refevant substantive and procedural
requirements of law and rule.
3. The City of Saint Paui has given proper notice of the hearing in this
matter, incfuding proper notics in accordance with the requirements set forth in Minn.
Stat. Chapter 53A and Saint Paul Legislative Code Chapter 381.
4. Saint Paul Legislative Code § 381.03(b)(10) provides that a currency
exchange license may be disapproved if:
The applicant or its proposed business location does not comply
with applicabie zoning, 6uilding, fire and health codes.
5. Saint Paul Legislative Code § 60.5q2(4) permits currency exchange
businesses in a B-2 Zone Community Business pistrict "when located at least
one hundred (100) feet from any residantial lat in a residential district or at least
one hundred (100) feet from any residential lot occupied with a one-, two-, three-,
four-, townhouse, or multiple family dweiling, measured from the closest point of
the building in which the business is located to the closest residsntial property
line."
6. The City's zoning staff has consistently interpreted this ordinance to
require measurement from the outside wall of the building in which the business
is to be located closest to the residential property, and that i�terpretatio� is a
reasonable one.
7. The addition to the Snyder's store is not a separate buiiding for fhe
purposes of ineasuring the distance from the nearest residentiat lot, and Mr.
Hawkins properly used a point on the eastern end of the addition as the point on
the building from which to measure.
6. The proposed location of the currency exchange business does not
meet the requirements of the Saint Paul Zoning Code.
Based upon the foregoing Conciusions, the Administrative Law Judge makes the
following:
0
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at-�s�
It�COMMENDATTaN
IT IS RECOMMENDED that the Saint Paul City Council deny approval of the
currency exchange license application of Unbank Company, LLP, for fhe premises
Iocafed at 1614 White Bear Avenue in Saint Paul.
Dated this 2"� day of March, 2001.
�,�/� �
RICHARD� " LU�S
Administrative Law Judge
Reported: Taped, No Transcript Prepared.
NOTICE
Pursuant to Minn. Stat. § 53A.04, fhe Saint Paul City Council is required to
forward its approval or disapproval of the license application to the Commissioner of
Commerce of the State of Minnesota for the Commissio�er's approval or disapprovai. If
the application is denied, the Cnmmissioner shali maii notice of the denial and the
reason therefor to the Rpplicant.
MEMORANDIJM
Unbank maintains that because the premises of the proposed business itself are
more than 1 �0 feet from the nearest residential property, its application does not conflict
with the City's zoning code. It argues that the building in question is a series of different
addresses, and the relevant measurement should be from a point on the "originai" wall
of the building directly behind where the premises of the business wouid be located.
This would result in the business heing located more than 100 feet away from the
property at 1818 Idaho Avenue East.
Wendy Lane, the zoning manager for LIEP, testified that the section of the
Zoning Code applieable to currency exchanges was relatively recent, and was enacted
to it�sure that there were separation requirements between businesses of this type and
residential areas. The City's zoning staff has consistently interpreted this section of the
ordinance to require that the measurement be from the portion of the outer wall closest
to the residential area. in this instance, the eastern extension of the building on the
Snyder's end of the strip ma0 is the closest portion of the building to the property at
1818 Idaho Avenue East.
Ms. Lana noted that a previous applicant, Pawn America, had been denied a
currency exchange license at 1546 White Bear Avenue under the same provision of the
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ai-�31
zoning code appiicable here. !n that instance, Pawn America intended to operate space
in the middle of the building but the measurement was taken from the side of the
building, which was the wall ciosest to nearby residences. Pawn America withdrew its
license application for a cu�rency exchange.
The City's zoning sfaff has also denied an application for a billiard hall where the
tenant space was in fhe middle of the building but the buiiding's outer wal! was onfy 17'
away from the residential property line across an alley. 7he zoning code's separation
requirements and measurement methods in the ordinance applicabie to such
estahlishments are the same as the requirements applicable to currency exchanges. In
the billiard haN matter, the applicant applied for a variance to the Board of Zoning
Appeals.
The ApplicanYs major factual argument, lhat the addition to 5nyder's which
brings the building within 100 feet of 1818 Idaho is, in fact, a separate building, has not
been proven by a preponderance of the evidence, The only witness on that issue, Mr.
Tapper, established that an addition was puilt but failed to provide any indication that
the addition has an outside west wali standing free and apart from the outside east wall
of the 6uilding that existed pr(or to the construction of the addition. Rather, fhe record
implies strongly that the "original" (west portion) Snyder's and the addition (added to the
east end of the "original" Snyder's) are, since the construction, all one kuiiding. It
appears that the "originai" hack wall of the building, since the addition was finished, has
simply become an interior wall.
The ApplicanYs other argument is that because the "footprint" of the premises
pr�posed for the actuai currency exchange business lies more than � 00 feet from any
part of the residential lot, there is no zoning code violation. The Administrative Law
Judge cannot agree. A piain feading of the applicable ordinance provides for
determination of the disfance by measuring from the end of the "building". not from the
busirtess premises, to the edge of the nearesf residential {ot. As noted above, the
relevant point from which to measure on the building in this instance is the pack (east)
wall of the addition to Snyder's. This methodology, while resulting here in a harsh
impact on the Applicant, is not unreasonable because it provides certainty and a neutral
consistency to ihe determination process. The harsh result(s) in individual cases are
tempered by the opportunity to apply for a variance. In this instance, unfortunately for
the Applicant, no variance seems possible now due to the moratorium on building
permits along White Bear Avenue. This appears to leave the Council with no alternative
to a literal application of the language of the ordinance.
The Applicant urges that it is unreasollabie to deny its appfication because of its
location within the walls of a larger buiiding that reaches, at some distance away from
its proposed location, to the proximity of a residential zone, in light of the fact that no
distance issue would exist if tts "footprint" was that of a free-stand�ng building. The AL.!
discounts this argument because it is immaterial. The facts of this case involve the
boundaries of the "building" the Applieant hopes to occupy, which ex*.ends beyond the
proposed business premises. The iseue reised by the Applicant, whether the ordinance
is unreasonahle as applied to applicants proposing to locate in strip malis or other large
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o!-asl
buildings, is beyond the jurisdiction of the Administrative Law .ludge in fhis proceeding.
Relief would be possible in mosf instances because of the opportunity to appiy for a
variance, but the moratorium seems to bar that for now at the location in question.
R.C.L.
7
MRR-02-20a1 14�27 6123492665 95� P.aB
March 2, 2001
STATE OF MLIVNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
100 Washington Square, Suite 7700
100 Washington Avenue South
Minneapotis, Minnesota 55401-2138
Fred Owusu, City Clerk
City of St. Paul
170 City Hall
15 West Kellogg Bfvd.
St. Paul, MN 55102
RE: In Re the Currency Exchange License Application of
Unbank Company, LLP, for the Premises at 1614 White
Bear Avenue; OAH Docket No. 7-6020-14112-3
Dear Mr. Owusu:
o /�- a� 1
Enclosed herewith and served upon you by mail is the Administrative Law
Judge's Findings of Fact, Conclusions and Recommendation in the above-
entitled matter. Also enclosed is the officiai record, with the exception of the
hearing tapes (which will be sent to you under separate cover). Our file in this
matter is now being closed.
Very truly yours,
RI H� � ��
. LUIS
Administrative �aw Judge
Telephone:612/349-2542
Enclosures.
cc: Virginia D. Palmer
Daniel N. Rosen
�gc�r���
� 5 2001
� j v �LER�(
Providing Impartial Hearings for Government and Citizens
An Equaf Oppodunity Employer
Administrative Law Section & Administrative Services (612) 341-7600 �TTY No. (612) 341-7346 � Fax No. (612) 349-2665
7-6020-14112-3
STATE OF MIl\NESOTA �ECEf�I��
OFFTCE OF ADNIINISTRATIVE HEARINGS � � 20
ROR THE SAINT PAUL CITY COUNCIL i;tTy �����.
In Re the Currency Exchange License FINDINGS OF FACT
Application of Unbank Company, LLP, for CONCLUSIONS AND
the Premises at 1614 White BearAvenue RECOMMENDATION
The above-entitled matter came on for hearing before Administrative Law Judge
(ALJ) Richard C. Luis, serving as hearing officer for the Saint Paul City Council on
February 26, 2001, at 10:00 a.m. in Room 220 of the Saint Paul City Hall-Ramsey
Gounty Courthouse. The record was held open for submission of proposed Findings of
Fact, Conclusions and Recommendation until February 28, 2001.
On January 30, 2001 the City issued a Notice of Hearing on the application which
set a hearing date for February 12, 2001.� The hearing was re-scheduled to February
16, 2001 at the request of the Applicant, and then rescheduled again for February 26,
2001. The City's Notice of Re-Scheduled Hearing is dated February 15, 2001, and it
also sets this matter for a public hearing in front of the City Council on March 7, 2001 in
order to meet the sixty-day time requirert�ent �See Minr!. S±at. § 53A,04'(a).) f�r t�e �ocai
governing body to communicate its approval or disapproval of issuance of the license to
the Department of Commerce.
Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Keilogg
Boulevard, Saint Paul, MN 55102, appeared on behalf of the St. Paul City Office of
License, Inspections and Environmental Protectio� (City, LIEP). Daniel N. Rosen,
Rosen and Rosen, 150 South Fifth Street, Suite 3250, Minneapolis, MN 55402,
appeared on behalf of the Applicant, Unbank Company, LLP.
NOTICE
This Report is a recommendation, not a final decision. The Saint Paul City
Council will make the final decision after a review of the record and may adopt, reject or
modify these Findings of Fact, Conclusions and Recommendation. Pursuant to Saint
Paul Legis{ative Code § 310.05(c-1), the City Council will psovide the App{icant an
opportunity to present oral or written argument to the City Council before it takes final
action during or after its hearing on March 7, 2001. Parties should contact the Saint
' City's Exhibit 2.
Z City's Exhibit 4.
3 City's E�ibit 5.
Pau{ City Council Offices (651(266-8500) to determine the procedure far presenting
argument.
STATEMENT OF ISSUE
Has the Applicant shown by a preponderance of the evidence that it meets the
requirements of the Saint Paul zoning code for a currency exchange license at its
proposed business location?
Based on all the proceedings herein, the Adminisirative Law Judge makes the
foliowing:
FINDINGS OF FACT
1. On January 11, 2001 the Department of Commerce forwarded an
application for a currency exchange license to the City of Saint Paul. The application
was submitted in the name of Unbank Company, LLP, for premises located at 1614
White Bear Avenue in Saint Paul. The zoning classification of 1614 White Bear
Avenue is B-2.
2. Unbank is a Limited Lia6ility Partnership, incorporated in Minnesota. Gary
A. Dachis and Stuart D. Tapper, President and Vice-President respectively, are each
listed as 50% owners. At the hearing, Stuart Tapper testified that Jean Williams would
also have some ownership interest in the business of the proposed location.
3. Upon receiving the application from the State of Minnesota, the Office of
License, Inspections and Environmentaf Protection for the City of Saint Paul sent notice
of the license to neighborhood groups and notice was also published of the receipt of
the application in accordance with Saint Paul Legislative Code § 381.02(a).
4. The currency exchange is proposed to be located inside a strip mall
located at Hilicrest Shopping Center on White Bear Avenue. The business will be
located inside the building, which is on a parcel of property bounded by White Bear
Avenue to the west, Gary Street to the east, idaho to the north and lowa to the south.'
This piece of property is all identified as one parcel, with a single property identification
number.
5. The Deputy Director of LIEP referred the application to Jeff Hawkins, a
zoning specialist in the LIEP office, to determine whether the proposed location met the
requirements of Saint Paul Legislative Code § 60.542.
° City's Exhibit 1.
5 Ibid.
6 City's Exhibit 6.
� City's Exhibit 7.
8 This was the section of the Saint Pau1 Legislative Code at the time the matter was referred to Mr.
Hawkins. Since that time, the section has been renumbered, and is now Saint Paul Legislative Code §
60.542, but the wording has not been changed.
2
6. Section 60.542 sets out the principal uses permitted in a B-2 Community
Business District. Subdivision (4) addresses currency exchanges, which are permitted
when the "business (is) located at least one hundred (100) feet firom any residential lot
in a residentiaf district or af least one fiundred (100) feet from any residentiaf fot
occupied with a one-, two-, three-, four-, townhouse, or multiple-family dwelling,
measured from the closest point of the building in which the business is located to the
closest residential property line."
7. Mr. Hawkins went to the property to measure the distance from the
building to a house located across Gary Street, which was the nearest residential lot.
The address of that property is 1818 Idaho Avenue East.
8. Mr. Hawkins consulted with Wendy Lane, the zoning manager for LIEP, to
determine the appropriate way to measure. She advised him that the method of
measurement in the code requires measurement from the outside wafl of the buiiding
closest to the residential lot.
9. The distance from the easternmost end of the building to the fence line of
the lot measured 56 feet. Based on that measurement, Mr. Hawkins denied zoning
approval for the license app{ication as it did not meet the requirements of the zoning
code. The point at which the measurement was taken is the back wall of the space
occupied by Snyder's Drug Store, which has an address of 1620 White Bear Avenue.
The building juts out approximately 65' farther to the east at that point than it does at the
wall behind where the currency exchange business intends to locate.
10. ?he back outer wall of Snyder's is part of an addition that was built on at a
later date than the original construction. The space in the addition is occupied by
Snyder's and is partly used as commercial space and partly as storage. It is not a
separate building.
11. Saint Paul Legislative Code §64.203 sets forth the procedure for applying
for a variance from a zoning provision. Currently there is a one-year moratorium in
existence for the White Bear Avenue Area, and the Applicant would be unable to appiy
for a variance from the distance requirements of the zoning code at this time. The
moratorium is in effect at least to December 22, 2001.
12. Charles Repke, a representative of District 2 Community Council, the
neighborhood organization for the area in which the business wishes to locate,
appeared at the hearing in support of LIEP staff's interpretation of the zoning code. He
testified that the community has an interest in consistent interpretation of the provisions
of the code so that they can be aware of what types of businesses might be able to
locate in any given building or area. He voiced concern that a business which would
otherwise he prohibited at a location might be able to circumvent the provisions of the
code by reconfiguring interior walls.
9 City's Exhibit 3.
3
Based upon the foregoing Findings of Fact, the Administrative Law Judge makes
the following:
CONCLUSIONS
1. The St. Paul City Council and the Administrative Law Judge have
jurisdiction in this matter pursuant to Minn. Stat. §§ 14.55 and 53A.02 and Saint Paul
Legislative Code §§ 310.05, 310.06 and 381.02.
2. The City of Saint Paul has fulfilled all relevant substantive and procedural
requirements of law and rule.
3. The City of Saint 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 Saint Paul Legislative Code Chapter 381.
4. Saint Paul Legislative Code § 381.03(b)(10) provides that a currency
exchange license may be disapproved if:
The applicant or its proposed business location does not comply
with applicable zoning, building, fire and health codes.
5. Saint Paul Legislative Code § 60.542(4) permits currency exchange
businesses in a B-2 Zone Community Business District "when located at least
one hundred (100) feet from any residential lot in a residential district or at least
one hundred (100) feet from any residential lot occupied with a one-, two-, three-,
four-, townhouse, or multiple family dwelling, measured from the closest point of
the building in which the business is located to the closest residential property
line."
6. The City's zoning stafE has consistently interpreted this ordinance to
require measurement from the outside wall of the building in which the business
is to be located closest to the residential property, and that interpretation is a
reasonable one.
7. The addition to the Snyder's store is not a separate building for the
purposes of ineasuring the distance from the nearest residential 1ot, and Mr.
Hawkins properly used a point on the eastern end of the addition as the point on
the building from which to measure.
8. The proposed location of the currency exchange business does not
meet the requirements of the Saint Paul Zoning Code.
Based upon the foregoing Conclusions, the Administrative Law Judge makes the
following:
0
RECOMNIENDATION
IT IS RECOMMENDED that the Saint Paul City Council deny approval of the
currency exchange license application of Unbank Company, LLP, for the premises
located at 1614 White Bear Avenue in Saint Paul.
Dated this 2" day of March, 200'I.
�� � ��
RICHARD C. LUIS
Administrative Law Judge
Reported: Taped, No Transcript Prepared.
NOTICE
Pursuant to Minn. Stat. § 53A.04, the Saint Paul City Council 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 approvai or disapproval. if
the application is denied, the Commissioner shall mail notice of the denial and the
reason therefor to the Applicant.
MEMORANDUM
Unbank maintains that because the premises of the proposed business itseif are
more than 100 feet ftom the nearest residential property, its application does not conflict
with the City's zoning code. It argues that the building in question is a series of different
addresses, and the relevant measurement should be from a point on the "original" wall
of the building directly behind where the premises of the business would be located.
This would result in the business being located more than 100 feet away from the
property at 1818 Idaho Avenue East.
Wendy Lane, the zoning manager for LIEP, testified that the section of the
Zoning Code applicable to currency exchanges was relatively recent, and was enacted
to insure that there were separation requirements between businesses of this type and
residential areas. The City's zoning staff has consistently interpreted this section of the
ordinance to require that the measurement be from the portion of the outer wall closest
to the residential area. In this instance, the eastern e�ension of the building on the
Snyder's end of the strip mall is the closest portion of the building to the property at
1818 Idaho Avenue East.
Ms. Lane noted that a previous applicant, Pawn America, had been denied a
currency exchange license at 1546 White Bear Avenue under the same provision of the
5
zoning code applicable here. In that instance, Pawn America intended to operate space
in the middle of the building but ihe measurement was taken from the side of the
building, which was the wal{ closest to nearby residences. Paw� America withdrew its
license application for a currency exchange.
The City's zoning staff has also denied an application for a biliiard hall where the
tenant space was in the middle ofi the building but the building's outer walf was only 17'
away from the residential property line across an a{fey, The zoning code's separation
requirements and measurement methods in the ordinance app(icable to such
establishments are the same as the requirements applicable to currency exchanges. In
the billiard hall matter, the applicant applied for a variance to the Board of Zoning
Appeals.
The ApplicanYs major factual argument, that the addition to Snyder's which
brings the building within 100 feet of 1818 Idaho is, in fact, a separate building, has not
been proven by a preponderance of the evidence. The only witness on that issue, Mr,
Tapper, established that an addition was buili but failed to provide any indication that
the addition has an outside west wall standing free and apart from the outside east wall
of the building that existed prior to the construction of the addition. Rather, the record
implies strongly that the "original" (west portion) Snyder's and the addition (added to the
east end of the "original" Snyder's) are, since the construction, all one building. It
appears that the "original" back wall of the building, since the addition was finished, has
simply become an interior wall.
The ApplicanYs other argument is that because the "footprinY' of the premises
proposed for the actual currency exchange business lies more than 100 feet from any
part of the residential Iot, there is no zoning code violation. The Administrative Law
Judge cannot agree. A plain reading of the applicable ordinance provides for
determination of the distance by measuring from the end of the "building", not from the
business premises, to the edge of the nearest residential lot. As noted above, the
relevant point from which to measure on the building in this instance is the back (east)
wall of the addition to Snyder's. This methodology, while resulting here in a harsh
impact on the Applicant, is not unreasonable because it provides certainty and a neutral
consistency to the determination process. The harsh result(s) in +ndividual cases are
tempered by the opportunity to apply for a variance. In this instance, unfortunately for
the Applicant, no variance seems possible now due to the moratorium on building
permits along White Bear Avenue. This appears to leave the Council with no alternative
to a literal application of the language of the ordinance.
The Applicant urges that it is unreasonable to deny its application because of its
location within the walls of a larger building that reaches, at some distance away from
its proposed location, to the proximity of a residential zone, in light of the fact that no
distance issue would exist if its "footprinY' was that of a free-standing buifding. The ALJ
discounts this argument because it is immaterial. The facts of this case involve the
boundaries of the "building" the Applicant hopes to occupy, which extends beyond the
proposed business premises. The issue raised by the Applicant, whether the ordinance
is unreasonable as applied to applicants proposing to locate in strip malls or other large
0
buildings, is beyond the jurisdiction of the Administrative Law Judge in this proceeding.
Relief would be possible in most instances because of the opportunity to apply for a
variance, but the moratorium seems to bar that for now at the location in question.
R.C.L.
STATE OF MINNESOTA)
) �
COUNTY OF HENNEPIN)
AFFIDAVIT OF SERVICE BY U.S. MA1L
Debra S. Aws, being first duly sworn, hereby deposes and says that on
the 2 day of March, 2001, at the City of Minneapolis, county and state
aforementioned, she served the attached Findings of Fact, Conclusions and
Recommendation; Docket No. 7-6020-14112-3 by depositing in the United States
mail at said City of Minneapolis, a true and correct copy thereof, properly
enveloped, with first class postage prepaid and addressed to the individuals
named herein.
Fred Owusu, City Clerk
City of St. Paul
170 City Hall
15 West Kellogg Blvd.
St. Paul, MN 55102
Virginia D. Palmer
Assistant City Attorney
400 City HaU
15 West Kellogg Boulevard
Saint Paul, MN 55102
Daniel N. Rosen
Rosen and Rosen
150 South Fifth Street, Suite 3250
Minneapolis, MN 55402
C�" V� .,� ��
Debra S. Aws
Subscribed and sworn to before me
this n�� day of March,
.. °•,"`�� MICHAEL W. LEIMS
rwr�qr vtreuc - �en�r�
v , � ; MYC�MMISSIONEXPIflES
�r`��'�`` JANUARY31.2005
OFFICE OF THE CITY ATTOIL�IEY
C[nytors M. Robinsors, Ja, City Artorney
CITY OF SAINT PAUL
Norm Cofeman, Mnyar
��C�`���
Civil Dis•ision
February 15, 2001
01 FEB 2� �?� 9 ` R �
�^, .'" -^ t j j _
U�'u::�J � i t^
HEARI�vS Y
400 Cip� Hnll Te[ephone: 65f 266-8710
IiWestKellogg8lyd Facsimile:6.51298-56l9
Saint Pn�d. Hfinnesotn 5510?
NOTICE OF RE-SCHEDULED HEARING
AND
NOTICE OF COUNCIL HEARING
Mr. Dan Rosen
Rosen & Rosen
150 South 5"' Street, Suite 3250
Minneapolis, Minnesota 55402
RE: Currency Exchange License Application submitted by Unbank Company, LLP d(U/a
Unbank Company, LLP for the premises located at 1614 White Bear Avenue in St. Paul
Dear Mr. Rosen:
As we discussed, we have now re-scheduled the administrative heazing to Monday, February 26,
2001. The heazing will begin at 10:00 am., in the Ramsey County Commissioners Office, Room
220 City Hall, Conference Room C. The State of Minnesota Office of Administrative Hearings as
re-assigned this matter to Judge Richard C. Luis (612-349-2542).
Additionally, given the time constraints for a response to the Minnesota Departrnent of Commerce
on your client's application for a currency exchange license, and in anticipation of timely receipt of
the Administrative Law Judge's report, we have also scheduled this matter for public heazing in front
of the Saint Paul City Council, City Council Chambers, Third Fioor, Saint Paut City Hall, on
Wednesday, March 7, 2001. Public hearings begin at 530 p.m..
If you have any questions, I can be reached at 651-266-8710.
Sincerely,
�o ,. u.t,� '� � aJ�-.�c�
Virginia D. Palmer .
Assistant City Attomey
cc: LaVon Regan, Office of Administrative Hearin�s, 100 Washington Square, Suite 1700,
Mpls, MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Roger Curtis, Director, LIEP
Christine Rozek, LIEP
Chuck Repke, Community Organizer, District 2 Community Council, 1961 Sherwood Ave.
E., St. Paul, M�I 55119
D9.�'IEL � ROSES
J. CHRISTOPHER JOkL\STO�
�C�ILCLaM 5. ROSE� (1930.1999)
LAW OFFICES
ROSEN 8z ROSEN
LLC
Ij0 SOLTH FIFCH SIREET
StiII"E 3?�0
�II\:�E�POLIS. M�:� j�0?
February 28, 2001
VIA FACSINIILE # (6121349-2665 & U.S. MAIL
The Honorable Richard C. Luis
Administrative Law Judge
Oifice of Administrative Hearings
100 Washington Squaze, Suite 1700
Minneapolis, MN 55441
1'ELEPHOA"E 1612) 69�-2�
R � C � � �� � �'ELECOPIER (612) 692-2Ti4
�l �k�R -� �?� g� 4�
� �,,:., L
HJ��I�i��.� 1 i�t� `� ��t
�i�r
Re: Currency Exchange License Application submitted by Unbank Company, LLP for
1614 White Bear Avenue, St. Paul
Ow- File No. 9531
Dear Judge Luis:
Enclosed herewith and submitted to you in the above-referenced matter, please fmd
Proposed Findings of Fact, Conclusions of Law and Recommendation of Administrative
Law Judge.
R ectfully submi ed,
Daniel N. Rosen
DNR/jmt
Enclosure
cc: Virginia Palmer
Unbank Company, LLP
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE COUNCII, OF
THE CITY OF SAINT PAUL
In Re the License Applicarion of Unbank FINDINGS OF FACT,
Company, LLP d/b/a Unbank Company, LLP CONCLi3SIONS OF LAW
AND RECONIl�4ENDATION
OF ADNIINISTRATIVE LAW
JUDGE
The above-captioned matter came on for hearing before the undersigned
admnustrative law judge on Monday, February 26, at the St. Paul City Hall, upon the
request of the City of St. Paul for a recommendation by an administrative law judge
regarding the application of Applicant Unbank Company, LLP. The sole issue in dispute
is whether the location of a currency exchange at 1614 White Bear Avenue, St. Paul, is
permitted pursuant to St. Paul Zoning Ordinance section 60.542 (4). Based upon the
evidence presented at said hearing, the arguments of counsel, and all files, records and
proceedings herein, the undersigned administrative law judge hereby makes the following
�ndings of Fact:
1. The premises in which applicant proposes to locate a currency exchange is at
1614 White Bear Avenue, 5t. Paul.
2. The zoning classification of 1614 White Bear Avenue is B-2.
Saint Paul Zoning Code § 60.542 permits currency exchanges in a B-2 district
when "the business 3s located at least one hundred (100) feet from any residential
lot in a residential district or at least one hundred (100) feet from any residential
lot occupied with a one-, two-, thre�, four-, townhouse, or multiple-fanuly
dwelling, measured from the closest point of the building in which the business is
located to the closest residential properry line."
4. All of the premises at 1614 White Beas Avenue within which applicant proposes
to locate a currency exchange are more the 100 feet from the neazest residenfial
lot.
Conclusions of Law:
The location of a currency exchange at 1614 White Beaz Avenue, St. Paul,
complies with the requirement of St. Paul Zoning Ordinance section 60.542 (4).
RECOMMENDATION OF ADIVTINISTRATIVE LAW JUDGE
The undersigned administrative law judge hereby recommends that the application of
Unbank Company, LLP be granted.
Dated: Mazch,, 2001
Richard C. Luis
Administrative Law Judge
OFFICE OF THE CITY ATTORNEY
Clayton M. Robtnson, Jn, Ciry Attorney
CITY OF SAINT PAUL R E C E I V E�l D���s=on
Nonrs Coleman, Mayor 400 Ciry Nall Telephone: 65/ 266-8710
f1t ;LL't�{ As`� ��KelloggBlvd. Facsimtle:651298-56l9
u 1�H� � ain`t' aul, Minnesot¢ 55102
Hll'C'',iiii5'i p��+. l i7 �
F iUN�(��/U�
February 28, 2001
The Honorable Richazd C. Luis
Administrative Law Judge
Office of Administrative Hearings
100 Washington Square, Suite 1'^vC
Minneapolis, MN 55401
RE: In Re the License Application of Unbank Company, LLP, d/b/a Unbank Company, LLP
for the premises at 1614 White Bear Avenue in Saint Paul
OAH File #7-6020-14112-3
Dear Judge Luis:
Enclosed please find the Office of LIEP's proposed Findings of Fact, Conclusions and
Recommendarion in the above-entitled matter. A copy has been served upon counsel for the
Applicant, Daniel Rosen, by United States mail, and by fas as well.
Sincerely,
�� � �-('��
���
Virginia D. Palmer
Assistant City Attomey
cc: Daniel Rosen
OAH FILE NUMBER 7-6020-14112-3
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARIlVGS
FOR THE CITY COUNCIL OF THE CITY OF SAINT PAUL
In Re the License Application of Unbank
Company, LLP, d/b/a Unbank Company,
LLP for the premises at 1614 White Bear
Avenue in Saint Paul
FINDINGS OF FACT
CONCLUSIONS AND
RECONIMENDATION
The above-enritled matter came on for hearing before Administrative Law Judge Richard
C. Luis, serving as a hearing offfcer for the Saint Paul City Council on February 26, 2001 at
10:00 am. in Room 220 of the Saint Paul City Hall-Ramsey County Courthouse. The record
was held open for submission of proposed Findings of Fact, Conclusions and Recommendation
until 430 on February 28, 2001.
Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Kellogg Boulevard,
Saint Paul, MN 55102, appeared on behalf of the Office of License, Inspections and
Environmental Protection (LIEP). Daniel N. Rosen, Rosen and Rosen, 150 South Fifth Street,
Suite 3250, Minneapolis, MN 55402, appeared on behalf of the Applicant, Unbank Company,
LLP.
NOTICE
This Report is a recommendation, not a final decision. The Saint Paul City Council will
make the final decision after a review of the record and may adopt, reject or modify these
Findings of Fact, Conclusions and Recommendation. Pursuant to Saint Paul Legislative Code
§310.05(c-1) the City Council will provide the applicant an opporhxnity to present oral or written
argument to the City Council before it takes final action. Parties should contact the Saint Paul
City Council to determine the procedure far presenting arguxnent.
STATEMENT OF ISSUE
Has the applicant met its burden of showing that at meets the requirements of the Saint
Paul zoxung code for a currency exchange license at the location where it intends to locate?
Based upon all of the proceedings herein, the Administrative Law Judge makes the
following:
FINDINGS OF FACT
1. On 7anuary 11, 2001 the Department of Commerce forwarded an application for a
currency exchange license to the City of Saint Paul. The application was submitted in the name
of Unbank Company, LLP, for premises located at 1614 White Beaz Avenue in Saint Paul. 1
2. Unbank is a Limited Liability Partnership, incorporated in Miimesota. Gary A. Dachis
and Stuart D. Tapper, President and Vice-President respectively, are each listed as 50% owners. Z
At the hearing, Stuart Tapper testified that Jean Williams would also have some ownership
interest in the business.
3. Upon receiving the applicarion from the State of Minnesota, the Office of License,
Inspections and Environmental Protection for the City of 5aint Paul sent notice of the license to
neighborhood groups and notice was also published of the receipt of the application in
accordance with Saint Paul Legislative Code §381.02(a). 3
4. The currency exchange is proposed to be located inside a strip mall located at Hillcrest
Shopping Center on White Beaz Avenue. The business will be located inside the building which
is on a pazcel of property bounded by White Bear Avenue to the west, Gary Street to the east,
Idaho to the north and Iowa to the south. ° This piece of property is all identified by a single
property identification number as one parcel.
5. The Deputy Director of LIEP referred the application to Jeff Hawkins, a zoning specialist in
the LIEP office, to determine whether the proposed location met the requirements of Saint Paul
Legislative Code §60.542. 5
6. Section 60.542 sets out the principal uses permitted in a B-2 Community Business District.
Subdivision (4) addresses currency exchanges, wluch are permitted "when located at least one
hundred (100) feet from any residential lot in a residential district or at least one hundred (100)
feet from any residential lot occupied with a one-, two-, three-, four-, townhouse, ar multiple
family dwelling, measured from the closest point of the bualding in which the business is located
to the closest residenrial property line."
' City's Exhibit 1.
� City's E�ibit 1
3 City's E�ibit 6
' City's Eachibit 7
5 This was the secrion of the Saint Paul Legislative Code at the rime the matter was
referred to Mr. Hawldns. Since that time, the section has been renumbered, and is now Saint
Paul Legislative Code §60.542, but the wording has not been changed.
6. Mr. Hawkins went to the property to measure the distance from the building to a house
located across Gary Street, which was the neazest residential iot. The address of that properry is
1818 Idaho Avenue East.
7. Mr. Hawkins consulted with Wendy Lane, the zoning manager for LIEP, to determine the
appropriate way to measure. She advised him that the method of ineasurement in the code
requires measurement from the outside wall of the building closest to the residential lot.
8. From the northeast corner of the building to the fence line of the lot measured as 56 feet.
Therefore, Mr. Hawkins denied zoning approval for the license application as it did not meet the
requirements of the zoning code 6
9. On January 30, 2001 the City issued a Notice of Hearing on ?he application which set a
hearing date for February 12, 2001.'
10. The hearing was re-scheduled to February 16, 2001 at the request of the Applicant, and then
rescheduled again for February 26, 2001. 9 The City's Notice of Re-Scheduled Hearing is dated
February 15, 2001, and it also sets this matter for a public hearing in front of City Council on
March 7, 2001 in order to meet the sixty-day time requirement of Minn. Stat. §53A.04 (a), for the
local governing body to communicate its approval or disapproval of issuance of the license to the
Department of Commerce.
11. Unbank argued at the hearing that the premises of the business itself are more than 100 feet
from the nearest residential property and that the zoning division misinterprets the code. Unbank
fiu�ther argued that the building in question is a series of different addresses, and that the
measurement should be from the wall of the building directly behind where the premises of the
business would be located. This would result in the business being located more than 100 feet
away from the property at 1818 Idaho Avenue East.
12. The point at which the measurement was taken is the back wall of the space occupied by
Snyder's Drug Store. The building juts out approximately 65' farther at that point than it does at
the wall behind where the business intends to locate.
13. The back outer wall of Snyder's is part of an addition that was built on at a later date than
the original construction. The space in the addition is occupied by Snyder's and is partiy used as
commercial space and partly as storage. It is fully attached to the original structure and not a
6 City's E�chibit 3
' City's E�ibit 2
$ City's E�chibit 4
9 City's E�ibit 5
separate outbuilding.
14. Wendy Lane, the zoning manager for LIEP, tesrified that this section of the code was
relatively recent, and had been enacted to insure that there were separation requirements between
businesses of this type and residential areas. She further tesrified that the zoning staff has
consistently interpreted this section of the ordinance to requare that the measurement be from the
portion of the outer wall closest to the residential azea. In this instance, the extension of the
building on the Snyder's end of the strip mall is the closest point of the building to the property
at 1818 Idaho Avenue East.
15. Ms. Lane tesrified that a previous applicant, PawnAiiierica, had been denied a currency
exchange license at 1546 White Bear Avenue under this same provision of the code. In that
instance, Pawn America intended to operate space in the middle of the building but the '
measurement was taken from the side of the building, which was the wall closest to neazby
residences. PawnAinerica withdrew their license applicarion for a currency exchange.
16. Ms. Lane stated that the sepazation requirements for billiard halls, located in §60.534(3), aze
measured the same way, and that zoning staff had denied an application for a billiard hall where
the tenant space was in the middle of the building where the outer wall was only 17' away from
the residential property line across an alley. In that instance, the applicant applied for a variance
to the Boazd of Zoning Appeals.
17. Saint Paul Legislative Code § 64.203 sets forth the procedure for applying for a variance
from a zoning provisions. Currently there is a moratorium in existence for the White Bear
Avenue Area, and Applicant would be unable to apply far a variance from the distance
requirements of the zoning code.
18. Charles Repke, a representative of Dishict 2 Community Council, the neighborhood
organization for the area in which the business wishes to locate, appeazed at the hearing to testify
in support of LIEP staffs' interpretation of the zoning code. He testified that the community has
an interest in consistent interpretation of the provisions of the code so that they can be aware of
what types of businesses might be able to locate in any given building or area. He voiced
concern that a business which would otherwise be prohibited at a location might be able to
circumvent the provisions of the code by reconfiguring interior walls.
Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the
following:
CONCLUSIONS
1. The City Council of the City of Saint Paul and the Administrative Law Judge have
jurisdiction in this matter pursuant to Minn. Stat. §§ 14.55 and 53AA2 and Saint Paul Legislarive
Code §§ 310.05, 310.06 and 381.02.
2. The City of Saint Paul has fulfilled ali relevant substantive and procedural requirements
of law and rule.
3. The City of Saint Paui has given proper notice of the hearing in this matter, including
proper notice in accordance with the requirements set forth in Minu. Stat. Chapter 53A and Saint
Paul Legislative Code Chapter 381.
4. Saint Paul Legislative Code §381.03(b)(10) provides that a currency exchange license may be
disapproved if:
The applicant or its proposed business location does not comply
with applicable zoning, building, fire and health codes.
5. Saint Paul Legislative Code §60.542(4) permits currency exchange businesses in a B-2
Community Business District "when located at least one hundred (100) feet from any residential
lot in a residential district or at least one hundred (100) feet from any residential lot occupied
with a one-, two-, three-, four-, townhouse, or multiple family dwelling, measured from the
closest point of the building in which the business is located to the closest resadential property
line."
6. Zoning staff has consistently interpreted this ordinance to require measurement from the
outside wall of the building in which the business is to be located closest to the residential
properiy, and that interpretation is a reasonable one.
7. The addition to the Snyder's store is not a separate building for the purposes of ineasuring the
distance from the nearest residential lot, and Mr. Hawkins properly used the northeast corner of
the building as the point on the building from which to measure.
8. The proposed location of the currency exchange does not meet the requirements of the Saint
Paul zoning code.
Based upon the foregoing Conclusions, the Administrative Law Judge makes the
following:
RECOMMENDATION
IT IS HEREBY RESPECTFULLY RECOMMENDED: That the Saint Paul City Council
deny approval of the currency exchange license application of Unbank Company, LLP, for the
premises located at 1614 White Bear Avenue in Saint Paul.
Dated this day of March, 2001.
RICHARD C. LLTIS
Administrative Law Judge
Reported: Taped, No Transcript Prepazed.
NOTICE
Pursuant to Minn. Stat. §53A.04, the Saint Paul City Council is required to forwazd its
approval or disapproval of the license application to the Comxnissioner of Commerce of the State
of Minnesota for the Commissioner's approval or disapproval. If the application is denied, the
Commissioner shall mail norice of the denial and the reason therefor to the applicant. The
applicant, upon denial, may request a further hearing as provided for in Minn. Stat. §53A.04(b).
F�9-28-22e? 14�59 �T PAU�� CITY A?TORtiEY
CITY OF SAINT PAU�,
horm Cofeman, Mayor
February 28, 2Q01
The Honorable Richzrd C. Luis
Administrative Law .Tudge
Office of Administt'atzve Hearings
100 Washington Square, Suite 1700
Minneapolis, MN 55401
55: 298 ���9 P.�1i0%
OFFTCE OF THL� CTTY ATTORNbY
Cfnyton M. Robertsoq, Jr., C/fy d(rornr�
ct�aarv,s,o�
400 Clfy Na11
7J West Ke[lo� BlVd.
SniatPnut, Mannesotn 55102
Telephwre� 65! 266-8il0
facsimi �e: 651 198-56l9
RE: In Re the License Application of Unbank Company, LLP, d/b/a Unbank Company, LLP
for the premises at 16141Vhite Beaz Avenue in Saint Paul
OAFi File #7-6�20-14112-3
Dear 7udge Luis:
Enclosed please find ihe O�ce of T,IEP's proposed Findings of Fact, Conqlusions and
Recommendatipn in the above-entitled matter. A copy has been served upon counsel for the
Applicant, Paniel Rosen, by Unzted States mail, and by fax as well.
Sincerely,
-�/ ��
��`�'
Virginia D. Palmer
Assistant City Attomey
cc: baniel Rosen
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rE5-2B-2a�i i4�S� ST PPUL CITY RT?CRtiCY
65: 29° SE19 P.02i07
OAH FTLE NCJMBET2 7-6Q20-14112-3
STATE OF MI\'NESOTA
OFFICE OF ADMTNISTRATIVE HEARI�GS
FOR THE CITY COUTTCIL OF THE CITY OF SAP.vT PAUL
In Re the License Application of Unbank
Company, LLP, d/b/a Unbank Company,
�.LP for the premises at 1614 White Bear
Avenue in Saint Paul
FINDING F FACT
C(.aNCLUSIONS AND
TZECOMMENI7ATION
The above-entiCied matter came on For hearing before Administrative LaW Judge Richai�d
C. Luis, serving as a hearing officer for the Saint Paul City Cotulcil on February 26, 2001 at
10:00 a.m. in Room 22� of the Sai�1t Paul City Hall-Ramsey County Courthouse. The record
was held open for sul�miSSion of proposed Findings of Fact, Conclusions and Recommendation
until 4:30 on February 28, 2001.
Virginia D. palmer, Assistant City Attorney, 400 City Hall, I S West Keilogg Boulevard,
Saint Paul, MN 55102, appeared on behalf of the Office of License, Inspections and
Environmental Protection (LIEP). Daniel N. Rosen, Rosen and Rosen, 150 South Fi$h Street,
Snite 3250, Minneapplis, MN 55402, appeared on behalf of the Applicant, Unbank Company,
LLP.
NOTI E
'T"his Report is a recpmmendation, not a final decisiop. The Saint Paul City Council will
make the final decision after a review of the recoTd and may adopT, reject or modiFy these
Pindings ofFact, Conclusions and Recommendation. Pursuant to Saint Paul Legislative Code
§32�.05{c-1) the City Council will provide the applicant an opportunity to present oral or written
argument to the City Councii before it takes final actiorl. Parties should Contact the Saint Paul
City Council tp determine the procedure for presenting argtunent.
STATEMENT OF ISSTJE
Has the applicant met its burden of showing that it meets the requirements af the Saint
Faul zoning code for a currency exchange license at the locacion where it intende to ]ocate?
Based upon all of the proceedings herein, the Administrative Law Judge makes the
foIlowing:
FEB-28-2ee1 i4�59 �T PRL'L CITY RTTORNEY 651 298 5519 P.e3i27
FI�IDI]�;GS OF FACT
1. On January 11, 20Q1 the Depariment of Commerce forwatded an appIication for a
currency exchange license to the City of 5aint Paui. The application was submitted in the name
of Unbatlk Company, LLP, for premises located at 1614 White $ear Avenue in Saint Paul. '
2. tinbank is a Limited Liability Partnership, incorporated in Minnesota. Crary A. Dachis
and 3tuart p. Tapper, Presldent and Vice-Pzesident respaciively, are each lisied as 50% owners.
At the hearing, Stuart Tapper testified that 7ean Williams wauld also have some ownership
intecest in the business.
3. Upon receiving the appliCation from the State of Min�esota, the Office of License,
Inspeetions and Environmental p"rotection for the City of Saint Paul sent notice of the license to
neighborhood grougs and notice was also published of the reeeipt of the applicaEion in
accordazlce with Saint Paul Legislative Code §381.02(a). 3
4. The currency exchange is proposed ta be located inside a strip mall located at Hilicrest
Shopping Center on White Bear Avenue, The business wi]I be located ineide the buildirig which
is on a parccl of property bounded by White �ear Avenue to the west, Gary $ireet to the east,
Tdaho to the north and Iowa to the south. ^ This piece of property is all identified by a single
property identification number as one parcel.
5. The Deputy Director of I,IEP refened the application to Jeff Aawkins, a zoz�ing specialjst in
the LIEP office, to determine whether the proppsed location met the requirements pf Saint Paul
Legislative Code §60.542. 5
6. Section 60.542 sets nut the principal uses permitted in a$-2 Co�munity $usines& District.
5ubdivision (4) address�s currency exchanges, which aze permitted "when lqcated at ieast one
hundrEd (100) feet from az3y residentia] �pt in a residential district px at least ane hundred (I0�)
feet from any residential lot occupied with a one-, two-, three-, four-, townhouse, pi multiple
family dwelling, measured from the closest point of the building in whiCh the business is located
to the clpsest residential proparty line."
' City's Exhibit 1.
Z City's Exhibit
3 City's Exhibit 6
° City's Exhibit 7
' This was the section of the $aint Paul Legislative Code at the time the matter was
referred to Mr. �Tawkins. Since that time, the section has been renumbered, and is now Saint
Paul Legislative Code §60.542, but the vyording has not been changed.
�EH-28-20e: ':5��� S? PRUL CITY RTTORNEY 651 Z°8 5619 P.04i07
6. Mr. Hawkins went to the property 4o measure the distance £rom the building to a house
located across Gary Street, which was the nearest residential lot. The address of that property is
i S 18 Idaho Avenue East_
7. Mr. Hawkins consujted with Wendy Lane, the zoning manager for LIEP, to deteanine the
appropriate way to measure. She advised him that the method of ineasurement in the code
requires measurement &om Yhe outside wa]] of the building closest to ihe residential lot.
8, From the nottheast corner of the building to the fenee line of the lot measured as 56 feet.
Therefoce, iVlr. Hawkins denied zoning approval for the license applic�tipn as it did not meet the
requirements of the zoning code.
9. On January 30, 2001 the City issued a Notice of Hearing on the application which set a
hearing date for February 12, 2001?
10. The hearing was re-scheduled to February 16, 2001 at the request of the Applicant, and then
rescheduled again for FebTUary 26, 2001. 9 The City's Notice of Re-Scheduled Heazing is dated
Febntary 15, 2001, and it also Sets this matter for a public hearing in front of City CounCil on
March 7, 200I in ordez' to meet the sixty-day time requirement of Minn. Stat. §53A.04 (a), for the
local governjng body to Gommunicate its approval or disappTOVaI of issuance of the license tq the
Department of Commexce.
1 l. Unbank argued at the he�ing that the premises of the business itself at�e more ihan 100 feet
from the nearest residenfiat property and that the zoning division misinterprets the code. Unbank
further azgued that the bnilding in question is a series of different addresses, and that the
measurement should be from the wall of the building directly behind where tha premises of the
business would be located. This would result in the business being located more than 100 feet
away from the property at 1818 Idaho Avenue East.
I2. The point at which the measurement was talcerl is the back wall of tha space occupied by
Snyder's Drug Store. The building juts out �pproximately 65' farther at that point than it does at
the wall beh�nd where the business intends to locate.
13. The back outer wall of Snyder's is part of an addition that was buiit on at a later date than
the original Construction, The space in the addition is occupied by Snyder's and is partly used as
commercial space and pat�tly as storage. It is fully actaChed to the original structure and not a
6 City's Exhibit 3
' City's Exhibit 2
e Gity's E�ibit 4
' City's E�ibit 5
=EB-28-2e0? 15�2a �T PFUL CITY RTTORNEY 651 298 5619 P.aSi07
sepazate outbuilding.
14. Wendy Lane, the zoning manager for LI�P, testified that this section of the code was
relativety recent, and had been enacted to insure that there were separation requiremenis between
businesses of this type and residential ateas. She furthar testified that the zoning staff has
consistently lnterpreted this section of the ordiriance to requiie that the measurement be from the
portion of the outer waIl closest to the residential area. Tn this instance, the extension of the
building on the Snyder's end of the strip mall is the closest point of the building to the property
at 1818 Idaho Avenue East.
15. Ms. Lane testified that a previous applicant, PawnA,merica, had been denied a currency
exchange license at 1546 White Bear Avenue under this same provision of the co@e. In that
instance, Pawn America intended to operate space in the middle q�'tkle building but the
measurement was taken from the side of the building, Which was the wall Closest to neaTby
residences. PawnAinerica withdrew their license application for a currenCy exchange.
16. Ms. T.ane stated that the sepaiation requirements for billiard halls, located in §60,534{3), arc
measured the same way, and that 2oning staff had denied an applicatiori for a billiard ha]I where
the tenant space was in the middle of the building where the outer wall was only 17' away from
the residential propeMy line across �n alley. In that instance, the applicant applied for a variance
to the Board of Zoning Appeals.
17. Saint Faul Legislative Code § 64.203 sets forth the proCedure for applying for a vaiiance
from a zoning provisions. Currently therc is a znoratorium in existenca for the White Bear
Avenue Area, and AppliCant would be unable to apply for a variatice from the distance
requirements of the zoning code.
18. Charles Repke, a representative of Dis�ict 2 Community CounCii, the neighborhood
organization for the area in which the business wishes to IocaCe, appeared at the hearing to testify
in support of LIEP sta£fs' ipterpretation of Yhe zoning code. He testified that the community has
an interest in consistent interpretation of the provisions of the Code so thai th�y Can be aware of
what types of businegses might be able to locate in any given butlding or area, He voicad
concem that a business whieh would otherwise be pTOhibit�d at a Iocation might be able to
circumvent the provisions of the coda by reeonfiguring anterior walls.
Based upon the foregoing Findings ofFact, the Administrative Law Judge makes the
following:
�ONCLCJSIONS
1. The City Council of the City of Saint Paul and the Administcative T.aw ,Tudge have
jurisdiction an this inatter pursuant to Minn. Stat. §§ 14.55 and 53A,02 and Saint Paul Legi&lative
Code §§ 310.05, 310.Q6 and 381.02,
FEB-28-20a1 15�00 �T PAUL CITY RTTGRNEY 651 2°B 56:9 F.05ie7 `
2. The City of Saint Paul has fulfilled all reIevant substantive and procedural requirements
of law and rule.
3. The City of 3aint 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 S3A and Saint
Paul Legislative Code Chapter 381.
4. Saint Paul Lagislative Code §381.03(b)(10) provides that a currency exchxnge license may ba
disappxovedi£
The applicant or its proposed business lacation does not compiy
with applicable zoning, buitding, fire and health codes.
5, Saint Paul Legislative Code §6Q.54Z(4) permits cucrency exchange businesses in a B-2
Community Business Distcict "when iocated at least one hundred (100) feet from any residential
lot in a residential dishict or at ieast one hundred (104) faet from any residential lot occupied
with a one-, two-, three-, four-, townl�ouse, or multiple faznily dwelling, measured from the
cIosest point of the building in which the business is located to the Closest rasideritial property
line-"
6. Zoning staff has consistently interpreted this ordinance to require measurement from the
autside wall of the building in which the bosiness is to be looated closest to the residential
property, 2nd that inteipretation is a reasonable one.
7. The addition to the Snyder's store is not a separate building for the putposes of ineasuring the
distance from the nearest residential Iot, and Mr. Hawkins properly used zha northeast comer of
the buiiding as the point on the building �com which to measure.
8. The proposed location of the culrency exchange does not meet the requirements of the Saint'
Paul zoning Code.
aased upon the foregoing Conclusions, the Administrative Law Judge makes the
following:
RECOMMENbATION
IT IS HEREBy RESFECTFIJLT.Y RECOMMENAED: T'hat the Sain4 Paul City Councii
deny approval of the Cturency exChange license applicarion of Unbank Company, LLP, for tha
premises located at 1514 Whitc Bear Avenue in Saint Paul.
Dated this day of March, 2001.
rEH-28-2�01 lS�e1 S� PRUL C?TY ATTORNEY
651 298 5619 P.07i07
RfCHARTa C. LU'TS
Administrative Law 7udge
Reported: Taped, No Transcript Prepazed.
NO_, TICE
Pursuant to Minn. 5tat. §53A,04, the Saint PauI City Courzcil is required to forward its
approval or disapproval of the license app�iCation to the Commissio�er of CommerCe of the State
of Minnesota for the Commissioner's approval or disapprovaL If the applica$ion is denied, the
Commissioner shall mail notica of the denial arld the reason therefor to the applicant. The
appliC�t, upon denial, may request a fiuther hearing as provided for in Minn. Stat, §53A.OA(b).
i cT��_ � . ��
Se^t By: FOSEN & RCS�N LLC;
612 692 2774; Feb-28-G1 4:44FM; Pege 1
LAW OFFIC$$
1205EN & ROSEN
LLC
150 SOUTH FIFTH STREET
SUITE 3250
MINNEAPOLIS, MINN$SOTA 5>402
(612) 592-2777
FAX: (612) 692-2774
FACSIMILETRANSMITTALSAEET
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FAX NUMBER: TOTAL NO. �F PAf,rE3 CNCL'JD[NG COVER:
PHONE NUMBER�
NOTESiCOMMENTS�
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February 28,2001
VIA FACSIMILE # 6l2 349-2665 & U.S. MA1L
The Honorable Richard C. Luis
Administrativc Law Judgc
Office of Adminislratzve Hearings
100 Washington Square, Suite 1700
Minneapolis, MN 55401
Re: Currency Exchangc License AppIication submitted by Unbank Cnmpany, LLP for
1614 Wizite Beaz Avenue, St. Paul
Our File No, 9531
Dear 7udge Luis:
Encloscel herewath azid submitted 1v you in the above-referenced matter, please find
k'roposed Findings of Fact, Conclttsions of I�aw and Recommendation of Administrative
T,aw Judge.
R�.sneCtfully submi ted,
�
Daniel N. 1�osen
DNRIamt
E»closure
cc; Virginia Palmer
Unbank Compuiy, LL'P
Se^,i By: ROSEN & ROSEN LLC;
�
1
612 692 2774; Feb-^e8-01 4:44PM; P2ge 4/4
lot occupied with a one-, two-, three-, fo��z-, townhousc, or multipte-fazuily
dwciling, measured from the closest poin: of tne bu;ld',ng in which the business is
located to the e(osest residential property lir.e."
All of the p*emises at 1614 White Bear Avenue within which a? plicant proposes
to locate a currency exchactge are more the l00 feet from the nearest reszdential
lot.
Conclusions of Law:
The loeation of a currency exchange at 1614 White Beaz Avenue, St. Paul,
complies with the requirement of St. Paul Zoning Ordinance sectiqn 6Q.542 (4).
RECOMMENDATION OF ADMINISTRATIVE LAW JUDGE
"1'he undersigned administrative law judge hereby recommends that the application of
iJnbnnk Company, LLP be gr.anted.
Dated: Mazch `, 2�01
Richazd G. Luis
Administrative Law 7udge
�
FEB -28'O1(WED) 16:27
OFFICE OF ADMIN.HEARING
TEL 6123492665
P. 001
TR.4NSACTION REPORT
Reception
Transaction(s) completed
:'O. TX DATE/TIME DESTINATIO�
657 FEB.28 16:25 612 692 2774
DURATION PGS. RESULT MODE
O° 00' S9" 004 OK N ECM
Se�t 3y: ROSEN & ROS"cN ��C;
.
612 692 2774; Fec-28-^ui 4:44PM; Page 3/4
OFFICE OF ADMtNISTRATIVE HFARItiGS
FOR THE COTP.VCIL QF
THE CITY OF SAINT PAUL
In Rc the License Applicatiou ofUnbunk
C`ompany, T.LP d(bfa L7nbank C;ompany, LLP
FINDTNCS QF FACl',
COIVCLUS�ONS OF I,AW
AND RECOMMENUATION
OP' ADMIIVISTRATIVE I.,AW
J[TDGE
The above-captioned matter came on for hearing hefnre the undersigned
�uiministraAve law judge on lyiond.ay, Febr�tary 26, at the St. Paul City Hali, upon the
request of the City of St. Aaul for a recommendation by an adzninistrative law judge
regarding the appiication of Applicarit iJnbank Company, LLP. The sole isstac m dispuQe
is whether the location of a currency exchanbe at 1614 White Bear Avenue, 5t. Paul, is
permitted pursuant to St. Yaul Zoning Qrdinance section 60.542 (4). Based upon the
evidenee presented at said hearing, the azgumcnts of counsel, and all files, records and
}?roceedings herein, the undersigned ac9ministrative law judgc hereby makes the following
Findings vf Fact:
1
2.
The premises in which applicanl proposes to locatc a currency exchange is at
1 G 14 Wlute Beaz Avenue, Sl. Paul.
The zoning classification of 1614 White Bear Avenue is B-2.
3- Saint Paul Zonin�; Code § 60.50.2 pezznits currency cxchanges in a�-2 district
when "the business is located af least one hundred (100) feet from any residerttial
iol in a residcntial district or at least one hundred (100) feet from any residential
arin �o.r�wrc�
CouncilFile# 9�— �plt3
�OR1GlNAL
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
�:
Committee Date :
2 An interim ordinance adopted pursuant to Minnesota Statute §
3 462.355, Subd. 4, preserving the stahzs quo with respect to ttte nse
4 of property in the area presentiy under study for the White Bear
5
6
7
Avenue Area Study pending completion of the study and any
possible amendments to the City of Saint PauPs Comprehensive
Plan or Zoning Ordinance necessary to give effect to the study
9 The Council of the City of Saint Paul does ordain:
• 10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
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29
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� 32
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36
Section 1
Statement of legislative intent: The City of Saint PauPs 1999 comprehensive municipal
plan continues Saint Paul's legacy of strong neighborhood azea planning. State law now requires
city zoning regulations to be consistent with the city's comprehensive plan. The 1999 land use
component of the comprehensive Plan calls for refrning neighborhood area planning studies to
insure thaY any amendments to the zonin� code resuIting from nei�hborhood area studies
conform with the comprehensive Plan.
In keepin� wiTh the ciTy's tradition of neighborhood area planning, a study of the White Bear
Avenue Area has been undertaken and is nearing completion. The said study will require
planning commission review and recommendation and Councit approval before it is adopted as
part of the comprehensive plan.
Pending the department of planning and economic development's completion of the said study,
a plannin� commission recommendation to amend The City's comprehensive plan and zonin�
code and ihe Council's adoption of suck recommendations and for the overall purpose of
protecting the City's planning process, a moratorium of timited duration must be enacted for the
purpose of prohibiting developments which may be inconsistent with comprehensive plan
development obj ectives for the White Bear Avenue azea.
Pil3�'�'r�cD
Section 2
,�11�
Moratorium imposed; tands affected: Pending completion of fhe said study and any
other necessary studies or study recommendations, and the adoption of any amendments to the
comprehensive plan and zoning code based upon the study or studies as provided under Minn.
Ordinance #
Green Sheet # 1Q(�_��. $'
1
2
3
�
6
7
8
9
10
11
12
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14
IS
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Stat. § 462.355, Subd. (4), the issuance of plat approvals and lot splits or building and zoning
permits for any pazcel of land or part thereof within the areas of the White Bear Avenue Study � O- by �
Area shall be prohibited for a period of time not to exceed rivelve (12) months from the effective
date of this ordinance.
Section 3
Moratorium, exemnfions: The following are exempted from the moratorium
provisions imposed under Section 2:
1. Building, plumbin„ mechanicai and electrical permits for repairs or minor alterations
to conforming or non-conforming structures, or for work on dangerous or vacant
buildings administered under Leg. Code Chapter 43, or for work on single or multi-
family residential structures or uses.
2. Demolition permits for nuisance buildings pursuant to Leg. Code Chapter 45.
Section 4
The restrictions enacted herein may be extended by the Council of the City of Saint Paul
for additional periods not to exceed an additional eighteen (18) months in the event the studies
and recommendations of the Planning Commission and the deliberations of the Saint Paul City
Council require such extensions.
Section 5
This ordinance shall take effect and be in force 30 days &om and after its passa�e,
approval and publication.
OR(G1�lAL
Requested by Department of:
By:
Adoption Certified by Council Secretary
Form Approved by City Attorney
By: �� !N �H.vr.t� ! /— / � o Q
Approved by Mayor for Submission to Council
�: �� ��--.�- -�---�
Aooroved by Mayor: Date
Sy. _� __ � !�.� ��
I� ' ��S'.f�\�' � '
� �
PllBLISHED
�� 1 i t?f!
Adopted by Council: Date "�,.�.i a,��.d�
§ 64.t02
Sec. 64.IO2. Site plan.
LEG7SLATLVE CODE
All applications for building permits for all new
buildings or building espansions shall be accom-
panied by a site plan, drawn to scale and specifi-
cations, showing the follocving.
(1) The actual shape, location and dimen-
sions ofthe zoning lot.
(2) The shape, size and location of all build-
ings or other structures to be erected,
altered, or moved and of any building or
other structures already on the zoning lot.
(3) The existing and intended use of the zon-
ing lot and of all such structures upon it,
including, in residential azeas, the num-
ber of dwelling units the building is in-
tended to accommodate.
(4) Such other information concerning the
zoning lot or adjoining lots as may be
determined by the zoning administrator
as essential for determining whether the
provisions of this code aze being observed.
(Code 1956, § 64.102)
Sec. 64.163. Building permits.
No building permit shall be issued for the
erection, alteration, moving or use of any building
or structure or part thereof, or for the use of any
land, which erection, alteration, moving or use is
not in accordance with all provisions of this code.
l�TO renewal of an expired building permit shall be
issued for a use or structure made nonconforming
by amendments to this code.
(Code 1956, § 64.103; C.F. No. 93-Z718, § 82,
12-14-93)
Sec. 64.104. Certificates.
Certificates of occupancy as required by the
Saint Paul Legislative Code shall aLso constitute
certification of zoning compliance as required by
this zoning code.
(Code 1956, § 64.1047
Sec. 64.105. Final inspection.
The holder of every building permit for the
construction, erection, alteration, repair or mov-
ing of any building, structure or part thereof shall
notify the zoning administraWr immediately upon
the completion of the work authorized by such
permit, {or a final inspection.
(Code 1956, § 64105)
ARTICLE II. ADMIIII.STRAT'ION
Division 1. 64200. Boazd of Zoning Appeals
Sec. 64.201. Creation and membership.
(a) There is hereby established a boazd of
zoning appeals, which shall perform its duties
and esercise its powers as provided by law in such
a way that the objectives of this zoning code shall
be observed, public safety secured, and substan-
tial justice done. The boazd shall consist of seven
(7) regulaz members and two (2) alternate mem-
bers appointed by the mayor with the consent of
the council. Of the regulaz members, one member
so appointed shall be a member of the planning
commission with appointment coinciding with
planning commission term. The appointments of
the remaining six (6) of the members shall be for
the following period: two (2) members for one
yeaz, two (2) members for two (2) years, two (2)
members for three (3) years. Following the origi-
nal appointments, each member shali be ap-
pointed to hold office for the full three-yeaz term.
The regulaz members of the board of zoning
appeals shall annually elect its own chairman,
vice-chaixwan and secretary. Altemate members
shall serve a term of three (3) years and may vote
on matters before the board only in the absence of
a regular member(s). The compensation of the
appointed members of the board of zoning appeals
shall be fiaed by the council by resolution.
(b) All members of the board of zoning appeals
shall be qualified electors of the City of Saint Paul
and no member shall be an oi'�ncial or employee of
the City of Saint Paul.
(Code 1956, § 64201; Ord. No.17927, § 1, 5-28-92)
Sec. 64.202. Meetings.
All meetings of the board of zoning appeals
shall be held at the call of the chauperson and at
such times as such board may determine. All
meetings conducted by the board shall be subject
Supp. I�o. 41 616.122
ZONING CODE
to all applicable open meeting laws and ordi-
nances. The secreYary, or his representatives,
shall keep minutes of its proceedings ehowing the
vote of each member upon each question, or if
absent or failing to vote, indicating such fact, and
shall also keep records of its hearings and other
official action. Four (4) members of the board
shall consritute a quorum for the conduct of its
business; provided, that no action may be taken
unless at least four (4) members vote in favor of
such action. The board shal] have the power to
administer oaths and, upon order of the district
court, to issue subpoenas, require the attendance
of witnesses, compel testunony and the produc-
tion of books, papezs, files and other evidence
pertinent to the matters before it.
(Code 1956, § 64202; C.F. No. 95-557, § 7, 6-14-
95)
Sec. 64203. Variances.
(a) An application for variance may be filed by
any person having an ownership or leasehold
interest in land and/or building (contingent in-
cluded), of the affected property at any tiane. Such
application shall be filed with a site plan meeting
requirements of section 64.102.
(b) The 6oazd of zoning appeals shall have the
power to grant variances from the strici enforce-
ment of the provisions of this code upon a finding
that:
(1) T`he property in question cannot be put to
a reasonable use under the strict provi-
sions of the code;
(2) 'I't3e plight of the landowner is due to
circumstances unique to his pmperty, and
these circumstances were not created by
the landowner;
Supp.tio.41
616.12.3
§ 64203
ZONIIvG CODE ¢ 64.205
1 -
�
(3) The proposed variance is in keeping with
the spirit and intent of the code, and is
consistent with the health, safety, com-
fort, morals and welfare of the inhabit-
ants of the City of Saint Pau2;
(4) The proposed variance vrill not impair an
adequate supply of light and air to adja-
cent property, nor will it alter the essen-
tial chazacEer of the surrounding area or
unreasonably diminish established pro�
erty values within the surrounding area;
(5) The variance, if granted, would not per
mit any use that is not permitted under
the prorisions of the code for the property
i� the district where the affected land is
located, not would it alter or change the
zoning district classification of the prop
erty; and
(6) T'he request for variance is not based
primarily on a desire to increase the value
or income potential of the parcel of land.
(c) Hardship as described in the finding set out
in subsection (b)(1) above shall include the need
for access to direct sunlight for solaz energy
systems.
(d) In granting a variance, the boazd may
attach thereto such conditions as it deems reason-
able to protect adjacent properties, to ensure a
compliance or to fnrthet the purposes of �?-=_.code.
In granting a variance, the board shall state the
grounds upon which it ju'stifies the granting of a
variance.
(e) A fee to be established by resolution of the
city counci] shail be paid to the zoning adminis-
trator by the applicant when the zequest foz
variance is filed with the boazd of zoning appeals.
Such resolution may provide for waiver or refund
of such a fee under specific circumstances.
(Ord. No. 17038, 7-5-83; C.F. No. 93-1718, §§ 83,
84, 12-14-93)
Editoz'a note--Sections 64203--64206, derived from §§
64203, 64203.s, 64204 of the dty'e 1556 Code. a� ameaded,
�were ameaded by the eame and aubstituting new aections as
follows, pursuaat to Ord. No. 17038, adopted July S, 1983.
Sec. 64204. Administrative appeals.
(a) The board of zoning appeals shall have the
power to heaz and decide appeals where it is
Supp. 2Qo. 36
alleged by the appellant that there is an error in
any order, requirement, -permit, decision or re-
fusal made by the zoning administrator in carry-
ing out or enforcing anq provision of the code.
(b} The board of zoning appeals shall have the
power to heaz and decide appeals of ordezs, &eri-
sions or determinations made by the building
official relative to the application and interpreta-
tion of the state building code.
(c) An appeal may be taken by any person,
firm or corporation, or by any officer, degartment,
board or bureau affected by a decision of the
zoning administrator or building official within
thirty (30) days after the decision appealed from
shall have been served either in person or by mail
upon the owner of the property which is the
subject mattez of the decision rendered by the
zoning administrator or building official. Appeals
shall be frled with the zoning administrator spec-
ifying the grounds thereof. The zoning adminis-
trator shall forthcvith �ansmit to the board a;l of
the papers constituting the record upon which the
action appealed from was taken. An admuustra-
tive appeal shall stay all proceedings, including
criminal proceedings, in furtherance of the action
appealed from unless the zoning administrator or
building official certifies to the board, after notice
of appeal has been filed, that by reason of facts
stated in the certificate a stay would cause immi-,
nent peril to life or property, in which case the
proceedings shall aot be stayed otherc�-ise than by
a restraining order granted by a couzt of compe-
tent jurisdiction.
(d) A fee to be established by resolution of the
council shall be paid by the appellant at the time
the notice of appeal is filed. The resolution may
provide for waiver or refund af such fee under
specific circumstances.
(Ord. No. 17038, § 7-5-83; C.F. No. 95-557, § 8,
s-ia-ss>
Notc�See the editora note following § 64203.
Sec. 64.205 Decision by the board of zoning
appeals.
(a) The board of zoning appeals shaII conduct a
hearing on the appeal or variance applicarion
�cithin thirty (30) days after the appeal or appli-
cation has been filed with the zoning administra-
616.13
¢ 64205
LEGISLATIVE CODE
tor, and shall give duenoticethereoftotheparties
as defined in section 64208, and shall render a
decision on the appeal or application without
unreasonabie delay. Decisions of the board of
zoning appeals shall be final subject to later
appeal to the city counal.
(b) Any person may appeaz and testify at tfie
hearing, either in person or by duly authorized
agent or attorney.
(c) All of the papers constitvting the record
upon which the application or the decision ap-
pealed from was taken, including, but not limited
to, the action of the board of zoning appeals and
the findings of fact, shall be retained in the
permanent files of the office of license, inspection
and environmentat�protection.
(d) After reaching a deci�ion in accordance
with this section, the boazd of zoning appeals
shall prepare a written report, including, but not
limited to, findings of fact and the action of the
boazd, which report will be filed with the office of
license, inspection and environmental protection
without undue delay.
(e) A copy of administrafive appeals coacezn-
ing the F2iver Corridor Districts shall be submit-
ted to the commissioner of natural resources
sufficiently in advance so that the commissioner
srill receive at least ten (10) days' notice of the
board's hearing. A copy of all decisions granting
administrative appeals shall be forwarded to the
commissioner of natural resources within ten (10)
days of such action.
(fl Building permits shall not be issued after
an administrative review has been filed. If per-
mits have been issued before an administrative
review has been filed, then the permits are sus-
pended and construction shall cease until the
board of zoning appeals has made a determina-
tion of the administrative appeal.
(Ord. No. 17038, 7-5-83; C.F. No. 91-531, § 33,
5-6-93; C.F. No. 93-1718, § 85, 12-1493; C.F. No.
96-77, § 7, 2-14-96)
Note—.See the editois aote followiag § 64203.
Sec. 64206. Appeals to city counci2.
(a) The city council shail have the power to
heaz and decide appeals where it is alieged by the
appellant that there is an error in any fact,
procedure or finding made by the boazd of zoning
appeals or the planning commission. An appeal
may be taken to the city council by any person,
firm or corporation or by any officer, department,
boazd or bureau affected by a decision of the boazd
or planning commission. Such appeal shall be
taken within fifteen (15) days after the decision
appealed from sha21 have been duly adopted by
the boazd or commission and shall have been
served either in person or by mail upon the o�rner
of the property which is the subject matter of the
decision. Appeals of decisions by the board shall
be filed with the office of license, inspection, and
environmental protection; and appeals of deci-
sions by the planning commission shall be filed
with the zoning section of the planning division.
Appeals shall specify the grounds thereof and be
accompanied by payment of the required fee.
(b) Building permits shall not be issued after
an appeal has been filed. If permits have been
issued before an appeal has been filed, then the
permits are suspended and construction shall
cease untII the city council has made a final
determination of the appeal.
(c) The city council shall conduct a hearing on
the appeal within thirty (30) days after the ze-
ceipt by the city covncil of the appeal from the
action of the planning commission or the boazd of
zoning appeals. As required under section 64.208,
the city council shall give due notice of the hear-
ing to all interested parties and shall render a
decision on the appeal without unreasonable de-
lay. Any person may appear and testify at the
hearing either in person or by duly authorized
agent or attomey.
(d) A fee to be established by resolution of the
city council shall be paid to the zoning section of
the planning division or the office of license,
inspection and environmental grotection by the
appellant at the time the notice of appeal is filed.
Such resolution may provide for waiver or refund ,
of such fee under specific circumstances.
(Ord. No. 17038, 7-5-83; Ord. No. 17b07, §§ 1, 2,
10-27-88; G.F. No. 96-77, § 7, 2-14-96)
Note�e the editor's note followiag § 64203.
Supp. No. 36 616.14
i
Sec. 54207. Orders.
ZONIIZG CODE
Sec. 64209. Permit, etc., time limit.
§ 64.300
In exercising the above powers, the city council
or the boazd of zoning appeals may reverse or
afnrm, wholly or partly, or may modify the orders,
requirements, decision or determination appealed
from and may make such order, requirement,
decision or determination as ought to be made. Zb
that end, the boazd of zoning appeals shall have
all the powers of the zoning administrator and the
building official, and the city council shall have all
the powers of either the board of zoning appea2s
or the planning commission. All final decisions,
orders, requirements or determinations by the
bcard of zoning appea!s an3/or cit� couaci? sr:11
be in the form of a c�ritten resolution. The city
council shall serve a copy of the resolution upon
the appellant andlor the owner of the affected
property, zoning administrator, planning commis-
sion and boazd of zoning appeals by mail or
personal service. The board of zoning appeals
shall serve a copy of the resolurion upon the
appellant and/or owner of the affected property,
the zoning administrator and the planning com-
mission. Decisions of the city council on all mat-
ters within its jurisdiction shall be final subject
only to judicial review by a court of competent
jurisdiction.
(Gode 1956, § 64.206; Ord. No. 17038, ?-5-83; C.F.
No. 9"ab57, § 9, 6-14-95)
Sec. 64.208. Notice.
The board of zoning apgeals shall make no
decisions, nor shall the city council upon appeal
make any decision, except in a specific case and
after a public hearing conducted by the board and
city council. They shali, by general rule or in a
specific case, detezmine the interested parties
who, in the opinion of each, may he affected by
any matter brought before it, which shaIl in all
minor variance cases include all owners of record
of property within one hundred (100) feet of the
premises in question, and which shall in all major
variance and appeals cases inciude all ocvners of
record of property within ttu'ee hundred fifty
(350) feet of the premises in question. Such no-
tices shall be delivered personally or by mail
addressed to the respective owners at the address
given in the most current Ramsey County prop-
erty ta�cation records.
(Code 1956, § 64.207; Ord. No. 17030, 6-?-83)
Supp.No.36
No order of the board of zoning appeals or the
city council permitting the erection or alteratioa
of a buiiding or off-street pazking facility shall be
valid for a period longer than one yeaz, unless a
building permit for such e-ection or alteration is
obtained within such period and such erection or
alteration is groceeding with the terms of such
permit, uuless the board of zoning appeals or the
city council grants an eztension not to egceed one
yeaz. In granting such eatension, the board of
zoning appeals may decide to hold a public bear-
ing.
(Code 1956, § 64.205; Ord. No. 16907, 4-20-82)
Di�zsion 2. Planning Commission and Plannuig
Administrator
Sec. 64.300. Planning commission and plan-
aing or zoniag administrator ap-
proval.
(a) Application to planning commission. Any
person having an ownership or leasehold interest
in land and/or building (contingent included) is
eligible to file an applicafion with the pianning
commission for:
(1) Site plan approvai;
(2) A permit for a special condition use, d�-
termination of sunilar use, nonconform-
ing use, sign variance, river corridor mod-
ification; or
(3) Other matters provided for in this zoniag
code.
All applications shall be filed on appropriate
forms and with requisite fees.
(b) Planning commission mvieiu; delegafion to
administrator. The planning commission shall
review and approve or deny site plans, permits or
other matters. The planning commission shall
have the authority to impose reasonabie condi-
tions and limitations on site plans and permits; to
grant variances from zoning regulations related
to site plans and permits; and to modify or revoke
permits. The planning commission may, by rule,
delegate to the planning oz zoning admixustrator
its power to reviek• and approve or deny site
616.25
DUPLICATE AFFIDAVIT OF PUBLICATION
State of i�I'innesota, County of Ramsey
Patrick Boulay, being duly swom, on oath says that heJshe is the publisher
or the publisiier's designated agent of the newspaper lmown as the St. Paul
u � E � ���:� Legal Ledger and has full 1�omIedge of the facts which aze stated below:
i;�� xumt� zooi0000zss
purpose; B7ew appllcation £or a State of
nt;nnrsoa G�z�'�ry �1�auBe �
� At 1614 White Hrar Aveaue North
°iPPllrane Unbank Campany 7.i.0 .
a.�n.�. D�Le:
geb:mry 9. 2001 - 4:30 P!l phldsyl
if you Lave any obJections �m the renewel of tFi<
licm.se. ➢w mus[ xesPond in writlng b9 Febxvaxy
s, zooi m:
ca�nn<n. �x �
LiEP DePutY D�mtor . ,
Office of License.lnsPec'tions and
Envhnnmmtal rracecuon
350 St Peter 94eek Suiffi #300
Saint Paul, Minnesota 55102
Or fae To Chrlatlne A Rouk at
(651) 2fi6-9124
If }rou luve an3' 4'iestl°ns Tegardi°B the Hcense
applicatton. Please contac[ Coiinne A Asunctoa.
LIEp prqe�,t gaciiitsYOr, at (651) 266-9106 or
� ChiisUne A Rouk, L1EP UePu$' Dlcector, at
(651j 266-9108.
Notice Maited: Januaxy 26. 2001
. (F<bmuy 1)
S'G YAIIL LF.CAL 7.SOGFdt
020177'S4
(A) The newspaper has complied with all the requirements constituting
qualification as a qualified legal newspaper, as provided by Minnesota Statutes
331A.02, 331A.07, and other applicable laws, as amended.
(B) The printed Notice which is attached was cut from the columns of said
newspaper and was printed and published once; it was published on February 1,
2001.
and printed below is a copy of the lower case alphabet from A to Z, both inclusive,
which is hereby aclmowledged as being the size and l�nd of type used in the
composition and publication of said notice:
abcdefghijklmnopqrstuv�y2
Rd' tE ]LfOTID2L30II
����BARSAr'i& A. STMARTIN
°� ":OT�,ftY �UBLlE - M(N�'tESOTA
h1y Ca,r.�. cra+rtes Jan. u1.?005
i
%'a4.ce"NAVY':hnT.v.-.!� .. . Pi�IJYVYY�M�
(S) Lowest classified xate paid Iry commerclal usexs far compatahle space is $ N/A
(2� Maamum mte allowed by law for the ahove publicatioa is $ 52.fi0
(3) Rate actually chazged for the above publication is $ 47.82
�an� k Company, LLP a Unb� �
— Company, LLP City's Exh. # 6 —
Subscribed and sworn to before me this lst day of February, 2001
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OFFICE OF ADNIINISTRATIVE HEARINGS
FOit THE COUNCIL OF
THE CITY OF SAIN'T PAUL
In Re the License Application of Unbank Company, LLP
d/b/a Unbank Company, LLP
CITY'S PROPOSED
EXHIBITS
February 26, 2001
TO: Judge Richard C. Luis, Administrative Law Judge, Office of Administrative Hearings, 100
Washington Square, Suite 1700, Minneapolis, Minnesota 55401
The following constitutes a list ofthe City's proposed eachibits for the Administrative Hearing
on February 26, 2001.
Exhibit No.
Exh. No. 1
E�. No. 2
Exh. No. 3
Ezch. No. 4
E�. No. 5
E�. No 6
Description
License Application, dated December 18, 2000 with cover letter from the
Minnesota Depart of Commerce, dated January i l, 2001 (14 pp.);
Norice of Hearing, dated January 30, 2001, with Affidavit of Service (4 pp.);
Memo from Jeff Hawkins to Corinne Asuncion and Christine Rozek, dated
Januasy 24, 2001 (1 p.);
Notice of Re-Scheduled Hearing, dated February 9, 2001, with Affidavit of
Service (2 pp.);
NoticeofRe-ScheduledHearingAndNoticeofCouncilHearing, dated February
15, 2001, with Affidavit of Service (3 pp.);
Affidavit of Publication in Legal Ledger, Published February 1, 2001 (1 p.).
�/
Also attached please find courtesy copies of applicable St_ Paul City ordinances:
St. Paul Legislative Code § 310.05
St. Paul Legislative Code § 310.06
St. Paul Zoning Code § 60.542
St. Paul Legislative Code Chapter 381 Currency Exchanges
Mimiesota Statute Chapter 53A Currency Exchanges
Respectfully submitted this 26�' day of February, 2001.
�
��,
Virgi D. Palmer
Assistant City Attorney
Office of The City Attorney
400 City Hall
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
(612)266-8710
� �
[NNESOTA
?ARiMENT OF
)MMERCE
Christine A. Rozek
City of St. Paul
350 St. Peter Street, Suite 300
St. Paul, MN 55102
85 7th Place East, Suite 500
St. Paul, Minnesota 55101-2198
651.296.4026 FAX 651.247.1454 TTY 651.2973067
January 11, 2001
RE: Currency Exchange License Application
Unbank Company LLP
Dear Ms. Kozek:
Enclosed is a copy of an application submitted by Stuart Tapper to operate a currency exchange
business at 1614 White Bear Avenue, St. Paul, Minnesota. The name of the currency exchange
company is Unbank Company LLP.
Minnesota Statute 53A.04 (a) states:
"Within 30 days after the receipt of a complete application, the commissioner shall deny the
application or submit the application to the governing body of the local unit of government in
which the applicant is located or is proposing to be located. The commissioner may not approve
the application without the concurrence of the governing body. The governing body shall give
published notice of its intention to consider the issue and shall solicit testimony from interested
persons, including those in the community in which the applicant is located or is proposin� to be
located. If the governing body has not approved or disapproved the issue within 60 days of
receipt of the application, concurrence is presumed. The commissioner must approve or
disapprove the application within 30 days from receiving the decision of the governing body,
The governing body shall have the sole responsibility for its decision. The state shall have no
responsibility for that decision."
Please respond in writing within 60 days of the receipt of this notice as to the decision of the
governing body regardina the application for the currency exchange operation. If I do noi hear
from you within 60 days, approval will be presumed and the license will be issued. If you have
any questions, please feel free to contact me.
V=�G' yours�
�G�6� �zcti���
Rabin H. Bro�vn
Financial Examinations Division
(651)282-9855
Enclosure
cc: Stuart Tapper, Unbank Company
Enforcement:l.8��.65736�2 Licensi ��■
Energy Information: 1.800.6573710 Unctairt Unbank Company, LLP d/b/a Unbank _�
www.commercestate.mn.us An Equ< Corrtpany, LLP City s Exh. # 1
. - .'y :c:�°Si' -_
�EPARTMENT OF COMMERCE
DNISION OF FINANCIAL EXAMINATIONS
133 EAST 7TH STREET
ST. PAUL, MINNESOTA 55101
(651} 282-9855
.:r ',3,:.
:��,� . :a_
., _ ' -:
'� ,.� �� -
`sC i
Il� s�
:::::..�,
Deputy
A55�.
Chief
Review
Data Entry
CURRENCY DCCHANGE
License Number
Surety Bond Number
, p�a � • " r°a
��
DEC 2 0 2p00
Re¢'d $ �
�
Processing Date
I CURRENCY DCCHANGE ---- Insurance Company -� -- NAIC Number -- I
� LICENSE APPLtCA7lON
The data, which you fumish on this form, wiil be used by the Department of Commerce to assess your
qualifications for a ticense. Disclosure of your socia! securiiy number is vo luntary. Y�ou are no t lega l iy
reGuired to provide th�s data; however, i� yau do not pravide your sociaf securi:y numb2r, the DepaRment
of Commerce may be unable to grant a license. The Department may use social security numbers for
revenue recapture as authorized by Minnesota Statutes, Chapter 270A and for identification purposes.
After issuance of a license, all infoRnation contained in this application, except your sociai security
number, is public pursuant to Minnesota Statutes, Chapter 13.
A. TYPE OF LICENSE
B.
NEW O RENEWAL
INFORMA710N
C
OF
�_��.
OF
(No
\ ,,
�i�
���, �,1���1�
O AMENDED IICENSE
L.�
(:v�1n�
fP CODE
.�?"��o�
cl��a> g�� a�ia�-� �c�,�-� �a2- ���
Check oae: O SOLE PROPRIETORSHIP
O PARTNERSHIP
O CORPORATION OR ASSOCIATION
• .
of
rev
or
Place
i-n Y �.J 'Q
TAX 1D NU 8E
� l `� `l � �i O
� LIMITED LIABILITY PARTNERSHIP
O UMITED LIABILITY COMPANY
.
1 - ,
C. Additional licensed currency exchange locations operated by the applicant (use separate sheet 'rf
additiona! space is needed). l � �
Street Address {P.O. Boxes are not acceptable)
City State
Street Address (P.O. Boxes are not acceptable)
City State
Street Address (P.O. Boxes are not acceptable)
City State
Street Address (P.O. Boxes are not acceptable)
City State
Zip Code
Zip Code
Zip Code
Zip Code
County
County
County
County
I D. Piease provide the names and compiete business addresses of owners, partners, officers, stockhoiders
, (owning 10% or more of the corporate stock), and employees with authority to exercise management or
policy controi over the company.
Full Name O�cial Percent Residence Social Security
Title Ownership Address Number Birth Date
r' r Pt • 4 i, cl � � S Ct, �`F�
v; z :�.- \
1�w[i �'�.Tr.t�pc- �ru<��.a._ �D � �'1`�
ev
2
E. ALL applicants must answer the following questions. If any questions are answerea - Yts,° you
MUST attach a detailed written expianat�on and any legaf documerrtation, if app{icable.
Have you, any aE the owners, partners, oificets, managers, directors, or sharehotders owning more than
10% of the corporate stock
YES NO
O,O 1. Held a currency exchange license in any ofher state other than Minnesotal
If YES, the new license application must include a verification of license certified by the
state(s); all other applicants musi verify that the certification(s) previously submitted is accurate.
O,�1 2. Been tfie subject of any inquiry or investigation by any division of the Minnesota Commesce
Department?
O�. Had any occupational license censured, suspended, revoked, cancelled, temiinated or bPen
the subject of any type of administrative action in any state including Minnesota?
O� Have you ever been charged with, or convicted of, or been indicted for, or entered a plea to,
any criminal offense (felony, gross misdemeanor or misdemeanor), other than traffic
violations, in any State or Federai Court?
O�. Been a defendant in any lawsuit invoiving claims of fraud, misrepresentation, conversion,
mismanagement o4 funds or breach of contract?
O�. Been notified by the Commissioner of Revenue, pursuant to Minnesota Statutes, Section-
270A.72, that you currently owe the State of Minnesota taxes?
O�7. Have any unciaimed property (unclaimed funds or property over 3 years old) to report under
Minnesota Statutes, Section 345.37?
O-0' 8. Filed for bankruptcy or protection from creditors or currently have outstanding unsatisfied
judgment(s)?
O. m' 9. Been a�liated with any other cuRency exchange?
O 1 Q. Will the applicant sell lottery tickets at the licensed location?
I HEREBY CERTIFY THAT ALL INFORMATION CONTAINED IN THIS APPLICATION AND ANY
ACCOMPANYING DOCUMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOVVLEDGE.
i CERTIFY THAT THIS DOCUMENT HAS NOT BEEN ALTERED OR CHANGED IN ANY MANNER FROM
THE FORM ADOPTED BY THE DEPARTMENT OF COMMERCE.
�.
12�1$
Signature of Owner, Partner or Corporate O�cer
Pnnt Name of Owner, Partner, or
Date
Officer
-ev
a
2917 Bryant Ave. S. Suite 5
Minneapolis, MN 55408
LICENSED CURRENCY EXCHANGE
LOCATIONS OPERATED BY UNBANK
COMPANY:
913 West Broadway
Minneapolis, MN 55411
1098 University Avenue
St. Paul, MN 55104
Hennepin
Ramsey
(612) 822-2924 I
(612) 822-6340 Fax 267-269 St. Peter
St. Paul, MN 55102 Ramsey
1009 East Franklin Avenue
Minneapolis, MN 55404
205 East Main Street
Anoka, MN 55303
1508 West Broadway
Minneapolis, NN 55411
17 North 7�' Street
Minneapolis, MN 55403
812 East Lake Street
Minneapolis, MN 55407
147 Division Street
Waite Pazk, NN 56387
Hennepin
Anoka
Hennepin
Hennepin
Hennepin
Stearns
2917 BryantAve. S. Suite 5
Minneapofis, M(V 55408
(612) 822-2924
(612)822-6340 Fax
December 6, 2000
Department of Commerce
State of Minnesota
133 East Seventh Street
St. Paul, Minnesota 55101
RE: Currency Exchange at 1614 White Beaz Avenue, St. Paul,
MN 55106
To Whom It May Concem:
To the best of my knowledge there is not a currency exchange
within'/z mile of this location.
Sincerely,
; � ?-��
St art Tapper
Vice President
Subscribed and sworn before me on the O_[ f� day of
�w F �.r._�,z� , 2000.
SHARGN R. BOHNHOFF
Notary Public
, Minnesota
My Commission Expires Jan. 31, 2005
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$ o.oi - som � i2oo io.so s izoo io.so
50.01 - 100.00 12a0 10.80 I4.00 12.60
100.01 - 2A0.00 17.00 1530 20.00 18.00
Z00.01 - 300.Ob 24.00 f 21.6Q 25.00 ?2S0
300.01 - 400.00 29.00 � 26.10 33.00 29.70
400.OI -' S00.0p 38.00 3421? 38.00 34.20
500.01 - 625.00 45.00 4050 48.00 43.2A
r�oi - �so.00 s2ao I a6.so - s2.00 � a6.so
750A1 - 875.00 60.00 54.10 60.W 54.00
875A1 -1000.00 70.00 63.00 65.00 j 58.50
1,OOOA1 - 1,25Q.00 80.0p 72.00 75.00 6750
1.ZSO.U1 - 1.500•00 90.00 � 81.00 82.00 � 73.80
I�00.01 - 1.750.00 100.(70 � 90.00 88.00 � 79.20
1,750A1 - 2,000.00 ] 10.00 i 99.pp 98.00 � 8820
!
?,000.01 - 2,5i10.00 120.W ; 108.00 110.00 i 99.pp
2,500.01 - 3,000.00 130.00 � 1I7.00 120.00 � 108.00
3,000.02 - 3.500.00 I55.00 � 13'J.50 140.00 ! 1?b.00
3�OOA1 - 4,000.00 175.00 � 15750 160.00 i 144.00
4,000.01 .4,500.00 195.00 77550 ]80.00 i � 162.00
4 - 5,000.00 21.5.0p � 193.50 200.00 I 180.00
5,000.02 - 5,500.00 235.00 + 211.50 220.00 � 198.00
5�00.01 - 6,000,00 255.W 229.50 240.00 � 216.00
6,OOOA1 - 6 275.00 � 247.50 260.00 � 234.pp
6 - 7,000.00 295.W Zfi550 280.00 � 252.0p
7,000.01 - 7¢00.00 315.00 j 28350 3W.00 � 270.00
7,500.01 - B 335.W 301.50 37A.00 I 288.00
S
8,000.01 - 8 355.00 31950 340.00 � 3�,pp
8 - 9,000.00 375.00 � 33750 360.00 32R.00
9,000.01 - 9,500.00 395.00 355.50 38400 342.Op
9,500.01 -10,000.00 .i15.00 373.50 4p0.pp 36p,pp
(i) Oanestichesapphtotnns`ersinitiatcdmNeVnitedSGtes,RxrtoRkqGuatRAmerican5amwandtheUSYrginldaridsandsenttofheUndedStates,Gnada,PUUtaRia4
Gwm,Mnerion Sartaa and the US. Y(gin Islands
(2) 1n Mtigva/earMda. ArqmGna. Aruba, Bahama; BaiGdos, 8alivi� Bona�rq Bnzil, Cayman Islands, Chile, Cnlombb, Costa Riq Cuanq Dominin, Dominiru� RepuW'K
Eanda, EI Salradar, Grenad�, Gurterrula, Gyaw, W�i,Nadur�s.lartulm, Niangua, Panama,P�reguay, petu�5[ Eus4tius, St Kitts & Nevi� Stlucy St AWRln,StYnanC
SurinamqTnnidad & iobago, Uruguay and vmuuela paymetR is usiuily avaii�ble for Pid-up in w minutez a kss, depending upon hars of operation of the p�ying offict In
&Gze paymeM is andable m�q�q8 hours.
'free phone cafl (up to three minuFesJ, and ten-word mesmge with arrysend hansaction from
US. to Oomestic, Latin America and Cari66ean.
fW hvnKKbam p>d �n rv..rrcy orne. Men SUS dalla4 �n oMrtm ta trr vanyhr/ee1 app�KOEIr to o emmoRroM1 a turrtiuy tuMlyrMe iet by MoneyGom ai rts agmh bvll b applrtd.
.
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$ 0.01 - 100.00 $ 10.00 .; 9.00 I5.00 ; t3S0 I5.00 ; 1350
� , . ,
1U0A1 - 2UO.OQ lO.OQ � 9.a0 20.�0 1 18.0� IS.00 � 1620
200A1 - 300.00 I0.00 ; 9.00 2D.00 ; 18.00 I8.00 � 16.20
300.01 - 400.U0 10.00 ; 9.00 33.00 ; 27.90 2A.fl0 ; 18.00
400.02 - 500.00 2A.00 � 18.00 33.00 � 29.70 30.00 � 27.00
� � �
500A1 - GOU.00 20.00 ; 18.00 41.00 ; 36,90 35.00 ; 3150
600.01 - 700.00 20.00 � 18.00 47.00 ; 47..30 3T.00 ; 3330
� � �
700.01 - 800.00 7A.00 ; 18.00 47.00 � 42.30 39.00 � 35.10
� � �
800.01 • 900.00 30.00 � 27.00 47.00 ; 4230 40.00 ; 36.00
� �
900.01 - 1,000.00 30.00 � 27.00 47.00 � 4230 50.00 � 45.00
1,DOOA1 - 1¢OU.00 40.00 ; 36.00 54.00 � 48.60 65.00 � 5850
, � �
I�El0A1 • 2,000.00 50.00 � 45.00 64.00 ; 57.60 90.00 ; 81.00
� � �
2,000.01 - Z,500.00 60.00 ; 54.00 79.00 � 71.10 I15.00 � 10350
?,500A1 - 3,000.00 '70.00 � 63.00 89.00 ' 80.10 I30.00 ; it7.00
, � �
3,000.01 - 3 80.00 � 72.00 109.00 � 98.10 145.00 � 13050
3,500A1 - 4,000.00 90.00 � 81.00 129.OQ ; 116.10 I60.00 � 144.00
, � �
4,000.01 - 4,500.00 IOQ.00 � 4p.0� 149.� ; 134.10 175.0� ; 15750
; . �
4,500A1 - S,OOQ.00 I(0.00 ; 99.00 I49.00 � 134.10 190.00 � 171.00
S,OOOA1 - 5,500.00 120.00 � 108.00 176.00 ; 158.40 2DS.00 ; 18450
; � �
5�0�.01 • 6,000.00 130.40 ; 117.0� 197.00 � 1T/30 220.00 � 198.00
6,OOOA1 - 6,500.00 1A0.00 � 126.00 209.00 � 188.10 235.00 l 21150
6,500.01 - 7,000.00 150.00 ; I35.00 214.00 ; 192.60 250.00 ; 225.00
7,OOOA1 - 7�00.00 I60.00 ; 144.00 229.00 � ?A6.10 265.00 � 23850
��OOA1 • 8,000.00 ] 70.00 � 153.00 ?39.00 ; 215.10 280.00 ;?5200
8,000.01 - 8,500.00 l80.00 ; l62.00 259.00 � Z33.I0 295.00 � 26550
8,500.01 - 9,000.00 190.00 % 171.00 279.00 ; Z51.10 310.00 : 279.00
; � �
9,000.01 - 9,SOQ00 200.00 ; 180.00 299.00 ; 269.10 315.00 ; 79250
� ,
95�01 -iq000.00 z1o.00 ; 189.00 299.00 � 269.10 340.00 � 306.00
� ,
�
�+J Tnmfrrs xnt to Mauro (Nat Ory Service� are anila6le fa pickup ihe next rtaming kk�m notiflotian tu the ReceiNer may be purthaud fa �n �dditiaul Szoa
T�nsfm sentviaTdegnfas (Remate taatlm) a2 uw�lly miWhte q8�nhwrt{adudingxeeFendsmd hdyiys�.
(x� TnnsferssenttoMeximw'Servicioallnstuite �rcmil�bkinstyRyrt�IlBan�malaabons
� TnnsfersurrttoMexi�ndatheC3mMoPlussernceuemil�hkforpck-uprt:Gigurtestaes(7drys�week-toAAtmBPM�andAmmwiExpras'Trm10(fices�ntekdry
oRice haun�.
'Free phone ca{f (up to three minvtes), onA teo-word messcge with am+tend tmnsact3on from
Ui fo Oomesii� latinAmerica and Codbbean.
In aGJ2ian ro Ihe fmnsJrrJeei appiFmy� pa fniuectur� a �umriry r�Nangt�vM�rf 6yMmejGivm ar�tr e�nh �rll0e appl�ad.
FROnn: URfITED STATES(�)
TRANSfER 7�: TO: TO: 70: TO:
AMOUNT EUROPE A51A AUSTRALIA AFRICA MIODLE
EAST
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(i) Regular prices for transfers initiated in the U.S., Puerto Rico, Guam, American Samoa and U.S. Vrgin lslands.
.
Nof ovailo6le everywhere outside the U.S., PueRo Rico, Guam, U.S. Vrgin Islands artd Canada. Cherk with
Exp�essPayment"'GientServicesat�_800•sssq� foton�rmovarlabil�.
Novus Services has both Standard ke and No Fee contumer tronsacfions.
The canect fee is Eeteimined by tBe q•digit Receive Code.
. •
No credit carCpayments are accepted.
.
� �
$ 0.01 - 10,000.00 $ 895*
'A select few clients will have a$6.gs fee. Tl�e fee will automotically cdlculate by the custamers q-digit Receive Code.
c�xo o-w�R e.v co��w ��< au ��n.,�x�..�e .uo�.ycrvm �.. ngua�,�,�,ue �.un rnme�5a.er. [.o�nsv.rym. aw me giaee w�m a�w�. �rt,�..�<m,rv� otM�eyG.,m v� •
twlemUK .«tnnu: omema.o�.rrenrymnntvn5U1d:0�n rrvklRimrotneu.r�.r..w...mv.wr,. .. . • �
Gary A. Dachis — President
�19600 Cedarhurst St., Wayzata MN 55391
Unbank Company, 1979-present
2917 Bryant Ave. S. Suite 5
Minneapolis, MN 55408
(612) 822-2924
�s12> s22-ssao F�
Stuar[ D. Tapper — Vice President
9905 St. John's Road, Minnetonka MN 55305
Unbank Company, 1996-present
Welsh Companies, 1989-1996
Michael Gold — Vice President of Operations
2643 Irving Avenue S, Minneapolis MN 55408
Unbank Company, 1996-present
Stewart Scott Associates, 1992-1996
Jacobence Construction, 1989-1992
Barbaza Lanier — Manager
911 22" Avenue S, Minneapolis MN 55404
Unbank Company, 1994-present
Kill & Mills Corporation, 1988-1994
Alan LePage — Mana�er
10723 Fillmore Street NE, Blaine MN 55434
Unbank Company, 1987-present
Michelle Yeske — Manager
319 Eazl Street, St. Paul MN 55106
Unbank Company, 1988-present
Jean M. Williams, Conuoller
3048 Lee Avenue North, Golden Valley MN 55422
Unbank Company, 1988-present
STATE OF MINNESOTA
BOND NUMBER: 55 177445
GURRENCY DCCHANGE SURE'CY BOND
KNOW ALL PERSOiVS BY THESE PRESENTS: That 7,LP VI I I
(Naine of Curtency ExcRanga)
a Check Cashi ' 'tv ZR' }
(Desaiption or fortn of business organaation. indudin3 s�te of ir��TP°+�°n3
wimbusiness�at 1614 t7hite Bear Ave., S±. Paul, MN 551.06
. (SVeet Address. CitY. State. =ip)
asPRINC1PALand Uni+�ed Fire & Casualty Co.
(Nama ot Surery)
a corpotattan duly organized underthe Iaws af the State af MinResOtd whfctt Is author¢aC to engage in ihe business
af i�suranca ic� the State of ��esota. as SURETY. are hereby held and ficmty bound fo ttie DepartmaM of Commerce ot the State
c{ itiiinnasota in the sum af TeN i FIOUSANt� DOCIARS• (310.000). Frincip2l �+d Seuety he2bY b� �8�+se��• �et
repregBrttgtiygg, gueCeSSOls aPd sssigns. jointly and severally by these presentS.
The partias furtSier agree that:
1. The Oum�e ��� ���9�'on, which is reguired Ey Minnesota Stetutes. Section 53A.a8, is to secure the compliance by
Principal with the terms of Minnasota Stafutas, Section 53A.62 to 53A.13, and any other legai abligatians arising out ot the
PrfndpaCS conduG as a curten�y e�cchange.
2. This bo�d Is for tha benafit of the State af Minnesota and alt petsons suNering damages by reason of the PfincEpai's faiWre to
�pmply with Minnesota StawSes, Sectfon 53AA2 W 53A.08, or other legai cbGgaScns arising out of Prindpal's wnduct as a
aurrenry axchangs. ,
3. If Ihe Princ'rya! Shall viotate Minnesota Statutes, Section 53A.02 to 53A.o8, or other le9al obtigations arising out of fts condnct
az a curtency exchange, fha Carmissioner of Commerce, as wetl as any pe+sen dama9ed es a�s� ot Sueh vioiation sha7t
have, in addtion to all other lega! remedies. a right of action on this bond in the name of tha injured party for lobs sustained by
the injured parry•
4. Ttiis 6ond shall be eHec6ve from Novemhe r 2 R, 2 � � � �UI Dacember 31, X9C?. 0 07.
Signed and Seated this �� ovember . X99X? 0 � �
Uniteci Fire & Casual+y Co.
(Name of Surety)
B' l J// LI•�i � ��/ 1i'7.Lr �t
Y (Si natwe af Att mey in Fact)
Nancv C. htoore
Unhank C LI�P �7SII
(Name of Currency Exchange)
By. � �(t � L'"
(Signature of President, Partner, or Sole Propnetoq
as to fartn and eXCCUtion by tpC Direcfor ef Lieensing.
SIGNATURE ' �i�
REV. 6195 (OVER)
� UNITED FIRE & CASUALTY COMPANY
^ HOME OFFiCE - CEDAR RAPIDS, fOWA <,
CERTIE(ED COPY OF-POWER OF ATTORNEY ,.
- . ��� (Ori9inal on file at Home Otfice �of� Company — See Certification)
-� �KNOW ALL MEN BY _THESE PRESENTS, That���the UNLTED� FIRE & CkSUALTY COMPANY,� a corRoration duly or9anized anC ezisting
"'under _the laws of the SUte of -1owa, and havm9 its PrinciRai office in, Cedar Rapids,'-State of lowa, does make cor1stitvte and
appoint ROSS B. tIESHITE .OR ROBERT •E. HUTTER� : OR..NANCY C. MOORE� OR --
3QAN.R.�V6LKERT,'ALL INDFViIIBALLY. -. '
of 9531 W 78TH ST �`25E3 EDEN PRAIRIE MN �5344 '% ' ' `
�- its artd lawful "qlta.rneY�s)-in—Fact;with�Fower;and aufhority �here6y conferred to si9n, and execute in �ts befiaif ai[ -�
_ :F lawfut bonds, undertakin9s and.other o6Ggatory fnstroments �of 'simi4ar nature as .� _$250 r QQ < �
���� and to 6ind UNITED FIRE & CA5UALTY CQMPANY therebY as fuifY and to the same extent as if such instruments�were'signed by
the duly,authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said AttorneY,_ Pursuant to the authority
. �' herebY given are hefebY rahfied �a�d confirmed. �JUNE� 15th .�. ' . 2001 �unless"sooner revoked. �- .
' The AuthoritY hereby granted shall exPire
� �� - This power of Qttomey,is�"made and executed pursuan[ ta,and bY auNoritY.of the following BY—Law dulY adoPted by [he -
-�� Board oF Osrectors of the CompanY �,on April 18, 7373. . � -
. " ' � . � -- . . "Artiele V — Surety Bonds and Undertakings." � �
Section 2. Appointment of Atro��eyio-FacL "�e Pres�tlen[ or any Vice 7�esident, or any ather oificer ot the Company, may, M1om time Fo time, appoint
by written certi6cates attorneys'�^'�act to act in be�alf af l�e Company in lhe exe<ut�on ot polieies at msurance, bonds, undertak�n9s a�E other
obligamry instruments oi Lke nature. TTe signalure o5 any oHi<er authorized �erehy, anQ t�e Carpora[e seal, may be affined by lacsimile �o any
powerot attorney or special power ol atlomey or certAication ot either authorizeE hereby, such 5ig�aWre and seal, when so used, being adoptetl by t�e
Company as Ne o�iginal signaNre ot such o�ficer and the origmal seal of Ihe Company. ro be valid anE bmtling upan t�e Campany with the same force
- and eifect as Ihoug� manually affixed. SucM1 atlorneys�imtact, subject ro the limitatwns set forth in Iheir respective certificates of autherity shall have
full power ro hintl tfie Company by tAev signamre antl exe<ution of any such instruments and to attach the sea� ot the Company therero. The President
� or any Yce President, th¢ Board of Direcrors or any other oihcer of tha Company may at any time sevoke all power aotl authority previously given to
any atromey-imfa<t.
IN WITIV�SS WHEREOf, the UNITED FIRE & CASUAL7Y COMPANY has caused these presents �
� ���, to he signed bY its assistant vice president and its corporate seal to be hereto affixed this
� .A.D. 1999
-- y '�.����i�"'+ I5th day of JUNE
'` LCttOt4TE � . -
� '�' � UNITED FIRE & CASUA TY COMPANY � '
� t!►L �� -
`o e ,•, � .
r eM4 „� _
4umn�` gy
ssistant Vice esident
State ot lowa, County oE Llnn, ss
On this 15th daY of JUNE 1999, before me Personally came JEFFREY A. CHAPZN
to me known, who being bY me dury swom. d�d depose and say: that he resides in Cedar Rapids, State of lowa: that he is an
Assisiant Vice President ot the UNITED FIRE & CASUALTY COMPANY, the co�poration described in and which executed the
aFiove instrument; that he knows the seal of said eorporation; that the seal affixed to the said instrument is such corporated
seal; that it was so affixed pursuant to authority grven by the Board of Directors of said corPoration and ihat he signed his
name thereto pursuant to like authority, and acknowiedges same ta be the act and deed of said co� ration. � N^ C �
v�p�t,,C ���- � rl
NotarY Pu�17c
SHERYLA. MCVAY 2000
_,�; MYCQMMISSIONE%PIRES My CofTImi55iOn eXp��85 �RCH 4 ,.�
M -'�" ° ' 20°° CERTIFICATION
- I, the undersi9ned `officer bf the FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregain9
coPY of the Power of AttorneY and affidavit, and the copY of the Section of the BY—Laws of said CompanY as set forth in said
Power of AttorneY, witfi the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are cnr�ect
- transcripts thereof, and of the whate af tE+e said originals, and that the said Power of AttorneY has not been revoked and is
now in full torce and effect -
` , rcnrn�� Vn SestimonY wheceof I have hereunto subscribed mY name d�f ixed the corpor e sea � f the said
� �� ����� ComPanY this � ��daY otylYllJ95�'U/ �� � � -
55 � COtt01lTE� � � �
E• �.
;� lllL F: -- .Secretary .
�
M�qt�\
�'v', �,• ~ �.
�T��r� ._
,:>y�..
� .,
r''�- �
'" :: T�11`'�
:�_
STATE OF MINNFSOTA
LIMTI�D LIABILIZYPARTNERSHIP
REGISTRATION
CHAPTER 323 R ���
pLEASE 7YPE OR PRINT IN BCACK INK
� ��-
Please read the instrucfions on the reverse side before compieting. Fee: $135.
1.Name of limited liablity partnership (hereafter refierted to as "pattnetship'� :
UnBaak Company, L.L.P.
2. Address of the partnership's principal place of business : -
_._�.�C}.b�.�ya�s--t��ae�aut�-s-Sui-te -5, Minnea-Fo1is MPI �•54-08---- -._...._ ___. �
CompleleStreetAddressnrRuralBa.uteandRuralRoute9nxNumber...:._ __Ciry__.__�� ......-.- - - .--- State ..____ZIPCode .
(P.O. Box is unaccepfable)
3. ff the address in item 2 is not in Mfnnesota, list the name and street address of a person or entity in Minnesota
authorized fo act as the partnership's agent for secvice of process:
Name of Registered Agent
' ' NiN
Camplete SVeet Address or Rural Route and Rural Route Box Number City State ZJP Code
_ (P.O. Box is unaccepfable) - .
4. List your SIC Code. _.�Q._. Select one of the 2iSigit SiC Codes listed on the reverse side of this form that most
accurate(y describes the nature of the 6usiness operated by this parFnership.
5. Does this partnership own, fease or have anv interesf in aaricultucailand-osJaad-sapabte-�€beirrcrfacrr�'u ���-
- �" —.- FTo -� .
- - ._ .... _ .... - -- - - --
6. The pactnership is app{ying to initially obtain or renew limited liabitity-partnership status.
7. The partnership acknowledges that I'united liability partnership status wiii explre one year from the date of filing uniess
the partnecship files a proper renewa! registraGon.
8. I certify that i am a parfrter authorized to sign ifiis document on behalf of this partnership and i further cer6fy that by
signing this document i am subject to the penal8es of pe�jury as set forth in Minnesota Sfatufes, section 609.48 as'rf i had
signed this document under oath. _
/
.•
1 �
Stilflit
of a
612-
05440544 9194
Print name and telephone number
iY� MWNESOTA
DEPA[iTMEhti OF STATE
, �.c FtLED
— dUN Ol 1999
���
S�a+t�'y at SMat. �
..,, � :' � OFFICE �E CITY ATTORNEY
Claylon M. son, Jc, CityAtlorney
CITY OF SAINT PAUL
Norm Co[emnn. Mnyor
January 3Q 2001
Mr. Gary A. Dachis
President
CtvilDivision
400 Ciry Xall
I S West Kellogg Btvd.
Saint Pau{ Minneso[¢ 5510?
NOTICE OF HEARING
Unbank Company, LLP
2917 Bryant Avenue South, Suite 5
Minneapolis, Minnesota 55408
Telephone: 651266-8710
Facsimi7e: biI298-56I9
RE: Currency Exchange License Application submitted by Unbank Company, LLP dlbla
Unbank Company, LLP for the premises located at 1614 White Bear Avenue in St. Paul
Dear Mr. Dachis:
Please take notice that a hearing will be held at the following time, date and place concerning the
currency exchange license application for the premises identified above:
Date: Monday, February 12, 2001
Time: 9:30 a.m.
Place: Room 41
St. Paul City Hall
15 W. Kellogg Blvd.
St. Paul, MN. 55102
The hearing will be presided over by an Administrative Law Judge from the State of Minnesota
Office of Administrative Hearings:
Name:
Telephone:
Richard C. Luis
Office of Administrative Hearings
100 Washington Square, Suite 1700
Minneapolis, MN. 55401
612-349-2542
�
Unbank Company, LLP dJbla Unbank
— Company, LLP City's Exh. # 2 —
~ . The Council of the City of �t Paul has the authority to provide for�rings concerning licensed
premises and for adverse action against such licenses, under Chapter 310, including sections 310.05
and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-
intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse
action may include revocation, suspension, fines and other penalties or conditions.
Evidence will be presented to the judge which may lead to adverse action against all the licenses you
hold at the above premises as follows:
Saint Paul Zoning Code §60.542 permits currency exchanges in
a B-2 district when the business is located at least one hundred
(100) feet from any residential lot in a residential district or at
least one hundred (100) feet from any residential lot occupied
with a one-,two-, three-, four-, townhouse, or multiple-family
dwelling, measured from the closest point of the building in
which the business is located to the closest residential property
line. The application for 1614 White Bear Avenue is for retail
space located in a strip mall across Gary Street from single family
homes. The proposed location is zoned B-2. The measurement
from the closest point of the building in which the business is
located to the closest residential property line was ouly 56 feet.
Accordingly, this business is not permitted at this location.
You have the right to be represented by an attorney before and during the hearing or you can
represent yourself. You may also have a person of your choice represent you, to the extent not
prohibited as unauthorized practice of law.
The hearing will be conducted in accordance with the requirements ofMinnesota Statutes sections
14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative
Code as may be applicable.
At the hearing, the Administrative Law Judge will have all parties identify themselves for the record.
The City will then present its witnesses and evidence, each of whom the licensee or attorney may
cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to
present, each of whom the City's attomey may cross-examine. The Administrative Law Judge may
in addition hear relevant and material testimony from persons not presented as witnesses by either
party who have a substantial interest in the outcome of the proceeding; for example, the owners or
occupants of property located in close proximity to the licensed premises may have substantial
interest in the outcome of the proceeding. Concluding arguments may be made by the parties.
Following the hearing, the Judge will prepaze Findings of Fact, Conclusions of Law, and a specific
recommendation for action to be taken by the City Council.
Notice of Hearing - Page 2
� +. You should bring to the he�g all documents, records and witnes� you will or may need to
support your position. Subpoenas may be available to compel the attendance of witnesses or the
production of documents in conformity with Minnesota Rules, part 1400.7000.
If you think that this matter can be resoived or settled wathout a formal hearing, please contact or
have your attomey contact the undersi�ned. If a stipulation or a�eement can be reached as to the
facts, that stipulation wili be presented to the Administrative Law Judge for incorporation into his
or her recommendation for Council action.
If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the
allegations against you which have been stated earlier in this notice may be taken as true. If non-
public data is received into evidence at the hearing, it may become public unless objection is made
and relief requested under Minnesota Statutes, Section 14.60, subdivision 2.
If you have any questions, you can call me at 266-8710.
Very truly yours,
� ���
�
Virginia D. Palmer
Assistant City Attomey
cc: Gary A. Dachis, President, Unbank Company, 19600 Cedarhurst St., Wayzata, MN
55391
Stuart Tapper, Vice President, Unbank Company, 2917 Bryant Ave. S., Suite 5,
Minneapolis, MN 55408
LaVonRegan, OfficeofAdministrativeHearings,100 Washington Square, Suite 1700, Mpls,
MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Roger Curtis, Director, LIEP
Christine Rozek, LIEP
Chuck Repke, Community Organizer, District 2 Community Counci1,1961 Shenvood Ave.
E., St. Paul, MN 55119
Notice of Hearing - Page 3
S � �
•
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
�
AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on January 31, 2001, she served the attached NOTICE OF HEARING
on the following named persons by placing a true and correct copy
thereof in an envelope addressed as follows:
Mr. Gary Dachis
President
Unbank Company, LLP
2917 Bryant Avenue South
Suite 5
Minneapolis, MN. 55408
Gary A. Dachis
President
Unbank Company
19600 Cedarhurst Street
Wayzata, MN. 55391
Stuart Tapper
Vice President
Unbank Company
2917 Bryant Avenue South
Suite 5
Minneapolis, MN. 55408
(which is the last known addresses of said persons) and depositing
the same, with postage prepaid, i�
Paul, Minnesota.
Subscribed and sworn to before me
this 31st S�a� of�nuar.�-„ 2001.
Notary Publi� ''
�
�
PETER P. PAidG90RN
�,pTpARY pUgt1C - MINNESOTA
MY CAMRAlSStQN
EXPlREH JAS�.39, 2�
____. _ ..____ : _ .. ____�_.. ___ . _ . ._ _ � � _-- � . _ .._ _ _ _ ____. __ _ __ _._ _, . _.,. . _ _, _� .� , . _.
Peter Pangbom - Gurrency Exchange License Application- 1614 White Bear Avenue Page 1°
From: Jeff Hawkins
To: Asuncion, Corinne; Rozek, Christine
Date: 1/24/01 3:30PM
Subject: Currency Exchange License Application- 1614 White Bear Avenue
Dear Christine:
I have researched and physically inspected the property at 1614 White Bear Avenue. The retail space in
question is located in a strip mall retail center. This retail center is located across Gary Street from single
family homes. Earlier today I took measurements from the retail center to the closest dwelling unit. The
separation was only 56 feet from the comer of the building to the fenceline of the residential property.
There is a required setback of 100 feet from the closest residential property per Zoning Code Section
60.532.
(4) Currency exchange business when located at least one hundred (100) feet from any residentiaV lot in a
residential district or at least one hundred (100) feet from any residential lot occupied with a one-, iwo-,
three-, four-, townhouse, or multiple-family dwelling, measured from the closest point of the building in
which the business is located to the closest residentiat property line.
Therefore I must deny zoning approval for the license application from Unbank Company LLP. Please
notify your office and any other interested agencies that this is not a permitted use for this location.
Thank you.
Jeff Hawkins
Zoning Specialist
��I� �
Unbank Company, LLP d/b/a Unbank
— Company, LLP City's Exh. # 3 —
.�. A - OFFIC THECITYATTORNEY
• Clay�orz �birzsort, Jc, Ciry' Anorney
CITY OF SAINT PAUL
Norm Caleman, Mayor
February 9, 2001
Civil Division
400 City Hal1
/i West Kellogg Bh�d.
Snint Pnul, hfinnesotn 55102
NOTICE OF RE-SCHEDULED HEARING
Mr. Dan Rosen
Rosen & Rosen
150 South 5` Street, Suite 3250
Minneapolis, Minnesota 55402
Telephone: 651266-8710
Facsimile: 6�! ?98-i6/9
RE: Cunency Exchange License Application submitted by Unbank Company, LLP d/b/a
Unbank Company, LLP for the premises located at 1614 White Bear Avenue in St. Paul
Dear Mr. Rosen:
As you requested, the administrative heazing previously scheduled for Monday, February 12, 2001,
has been re-scheduled to Friday, February 16, 2001. The hearing will begin at 9:30 a.m., in room
41 of the St. Paul City Hall. The State of Minnesota Office of Administrative Hearings as re-
assigned this matter to Judge Beveriy Jones Heydinger (612-341-7606).
If you have any questions, I can be reached at 651-266-8776.
Sincerel�
/ `�
Peter P.
Legal Assistant
LaVonRegan, Office ofAdministrative Hearings,100 Washington Square, Suite 1700, Mpls,
MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Roger Curtis, Director, LIEP
Christine Rozek, LIEP
Chuck Repke, Community Organizer, District 2 Community Council, 1961 Sherwood Ave.
E., St. Paul, MN 55119
�
Unbank Company, LLP d/bJa iJnbank
— Company, LLP City's Exh. # 4
STATE OF
COUNTY OF RAMSEY
�
)
) ss.
)
�
AFFIDAVIT OF SfiRVICE BY MAIL
30P.NNE G. CLEMEI3fiS, being first duly sworn, deposes and says
that on February 9, 2001, she served the attached NOTICE OF
RESCHEDULED HEARING on the following named person by placing a true
and correct copy thereof in an envelope addressed as follows:
Mr. Dan Rosen
Rosen & Rosen
150 South S Street, Suite 3250
Minneapolis, MN. 55402
(which is the last known address of said person) and depositing the
same, with postage prepaid, in the
Minnesota.
Subscribed and sworn to before me
this 9th da f F ua 2001.
� � �
ary
PETER P_ PANGBORN
I!IOTA PUBLIC - BAiNNESOTA
—FY COBAMlSSION
EXP9RES dAPl.39, 2005
- ,1„+�; . � '��_ OFFIC THE CITY ATTORNEY
• C[nyeors �inson, Jc, Ci[y� Alrorney
CITY OF SAINT PAUL
Norm Coleman, Mnyor
February 15, 2001
Mr. Dan Rosen
CivilDivision
400 Ciry Hall
!i Wut Kellogg Blvd.
SaintP¢ul, Minnesota 55/01
NOTICE OF RE-SCHEDULED HEARING
AND
NOTICE OF COUNCIL HEARING
Rosen & Rosen
150 South 5`� Street, Suite 3250
Minneapolis, Minnesota 55402
Telephone: 651 266-8710
Facsimile: 65! 298-�619
RE: Currency Exchange License Application submitted by Unbank Company, LLP d(bla
Unbank Company, LLP for the premises located at 1614 White Bear Avenue in St. Paul
Dear Mr. Rosen:
As we discussed, we have now re-scheduled the administrative hearing to Monday, February 26,
2001. The heazing will begin at 10:00 am., in the Ramsey County Commissioners Office, Room
220 City Hall, Conference Room C. The State of Minnesota Office of Administrative Hearings as
re-assigned this matter to Judge Richazd C. Luis (612-349-2542).
Additionally, given the time constraints for a response to the Minnesota Department of Commerce
on your clienYs application for a currency exchange license, and in anticipation oftimely receipt of
the Administrative Law Judge's report, we have also scheduled this matter for public hearing in front
of the Saint Paul City Council, City Council Chambers, Third Floor, Saint Paul City Hall, on
Wednesday, Mazch 7, 2001. Public hearings begin at 5:30 p.m..
If you have any questions, I can be reached at 651-266-8710.
Sincerely,
/ i�
`� U- � �w�.C�J '� Ck / - �c�
Virginia D. Palmer
Assistant City Attomey
�urre cy c �n � ��
Unbank Company, LL�nbank �
— Company, LLP City's Exh. # 5 —
r • •
a �
cc: LaVon Regan, Office of Administrative Hearings, 100 Washin� on Square, Suite 1700,
Mpls, MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Roger Curtis, Director, LIEP
Christine Rozek, LIEP
Chuck Repke, Community Organizer, District 2 Community Council,1961 Sherwood Ave.
E., St. Paul, MN 55119
r � � `
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CI�EMENTS, being first duly sworn, deposes and says
that on February 20, 2001, she served the attached NOTICE OF
RESCHEDULED HEARING AND NOTICE OF COUNCIL HEARING on the following
named person by placing a true and correct copy thereof in an
envelope addressed as follows:
Mr. Dan Rosen
Rosen & Rosen
150 South 5 Street, Suite 3250
Minneapolis, MN. 55402
(which is the last known address of sa
same, with postage prepaid, in the iy�ii
Minnesota. �
rson) and depositing the
tates mails at St.,,Pau�,
CLEMENTS
Subscribed and sworn to before me
this 20th �ap�of �e�,rua�, 2001.
v �s.
PETER P PAP1;80RN
� /'- �_ }� . n � , NOTARY PUBUC - R�!�d�dESOTA
Notary Public . .. �nviceo�r��ssiori
'�w.:... ' EXPiRE3 JAP�.37, 2W5
§ 310.04
LEGISLATIVE CODE
forth in section 310.05. If the director is
recommending issuance of the license, but
the affected neighborhood organization(s}
or other interested persons give notice
within thirty (30) days of receipt of notice
of the e�ustence of the application (or
within forty-five (45) days if the applica-
tion involves a liquor license) of objection
to issuance of the license, the matter shall
be referred for a hearing before the Iegis-
lative hearing officer, who shall give no-
tice of the time, place and date of the
hearing to the affected neighborhood or-
ganization(s) and the applicant. The leg-
islative hearing officer shall take testi-
mony from all interested persons and shall
make a recommendation to the council as
to whether the matter should be referred
for a hearing before an independent hear-
ing examiner in accordance cvith the pro-
cedures set forth in section 310.05. `Vhere
the application for the grant, issuance or
renewal of a Class N license meets all the
requirements of law, and where there
e�sts no ground for adverse action, the
director shall issue such license in accor-
dance with law.
(2) Renew¢l. The director shall in writing
notify the council, and the affected neigh-
borhood organization(s) established for cit-
izen participation purposes, at least sixty
(60) days before the expiration date of all
Class N licenses. A public hearing on the
renewal of any such license shall not be
held except on the request of a
councilmember, which request shall be
incorporated in the form of a council res-
olution. Upon the passage of such resolu-
tion, the director shall give ccritten notice
of such hearing to the affected neighbor-
hood organizations. Such public hearing
does not replace or amend any of the
procedures set forth in section 310.05 of
the Legislative Code. If no request for a
public hearing is made before the expira-
Cion of any such license, and �vhere there
e:cists no ground for adverse action, the
director shall issue the license in accor-
dance with lacc.
(e) Appeal; Ctass R or CI¢ss T ticenses. An
appeal to the city council may be taken by any
person aggrieved by the grant, issuance or re-
newal of a Class R or Class T license; provided,
however, that the appeal shall hace been filed
with the city clerk �vithin thirty (30) days after
the action by the director. The only grounds for
appeal shall be that there has been an error of law
in the grant, issuance or renewal of the license.
The appeal shall be in writing and shall set forth
in particulaz the alleged errors of law. The council
shall conduct a hearing on the appeal within
thirty (30) days of the date of filing and shall
notify the licensee and the appellant at least ten
(10) days prior to the hearing date. The proce-
dures set forth in section 310.05, insofaz as is
practicable, shall apply to this hearing. Following
the hearing, the council may affirm or remand the
matter to the inspector or director, or may reverse
or place conditions upon the license based on the
council's determination that the decision was based
on an error of law. The filing of an appeal shall not
stay the issuance of the license.
(fl No w¢iuer by renew¢I. The renewal of any
license, whether Class R, T or 1�, shall not be
deemed to be a waiver of any past ciolations or of
any grounds for imposition of adverse action
against such license.
(Code 1956, § 510.04; Ord. No.17455, § 1, 5-21-87;
Ord. No. 17551, § 1, 4-19-88; C.F. 1\0. 94-500, § 1,
7-6-94; C.F. No. 95-473, § 3, 5-31-95; C.E No.
95-1517, 1-31-96; C.F. No. 97-1446, § 1, 12-30-97;
C.F. No. 99-50Q § 2, 7-7-99)
Sec. 310.05. Hearing procedures.
(a) Adverse ¢ction; notice arzd hem•ing require-
ments. In any case �vhere the council may or
intends to consider any adcerse action, including
the revocation or suspension of a license, the
imposition of conditions upon a license, or the
denial of an application for the grant, issuance or
renewal of a license, or the disapproval of a
license issued by the State of 3linnesota, the
applicant or licensee shall be given notice and an
opportunity to be heard as providzd herein. The
council may consider such adverse actions when
recommended by the inspector, by tne director, by
Supp �o. 41 2034
LICEVSES
the director of any executive department estab-
lished pursuant to Chapter 9 of the Charter, by
the city attomey or on its own initiative.
(b) Notice. In each such case �vhere adverse
action is or will be considered by the council, the
applicant or licensee shall have been notified in
writing that adverse action may be taken against
the license or application, and that he or she is
entitled to a hearing before action is taken by the
counciI. The notice shall be served or mailed a
reasonable time before the hearing date, and
shall state the place, date and time of the hearing.
The notice shall state the issues involved or
grounds upon which the adverse action may be
sought or based. The council may request that
such written notice be prepared and served or
mailed by the inspector or by the city attorney.
(c) Hearing. �Vhere there is no dispute as to
the facts underlying the violation or as to the facts
establiskung mitigating or aggravating circum-
stances, the hearing shall be held before the
council. Otherwise the hearing shall be conducted
before a hearing examiner appointed by the coun-
cil or retained by contract with the city for that
purpose. The applicant or the licensee shall be
provided an opportunity to present evidence and
azgument as well as meet adverse testimony or
evidence by reasonable cross-examination and
rebuttal evidence. The hearing examiner may in
its discretion permit other interested persons the
opportunity to present testimony or evidence or
otherwise participate in such hearing.
(o-l) Procedure; hearing ex¢miner. The hear-
ing examiner sha11 hear all evidence as may be
presented on behalf of the city and the applicant
or licensee, and shall present to the council writ-
ten findings of fact and conclusions of law, to-
gether �vith a recommendation for adverse action.
The council shall consider the evidence con-
tained in the record, the hearing examiner's rec-
ommended findings of fact and conclusions, and
shall not consider any factual testimony not pre-
viously submitted to and considered by the hear-
ing examiner. After receipt of the hearing
examiner's findings, conclusions, and recommen-
dations, the council shall provide the applicant or
licensee an opportunitp to present oral or cr•ritten
arguments alleging error on the part of the exam-
§ 310.05
iner in the application of the law or interpretation
of the facts, and to present azgument related to
the recommended adverse action. Upon conclu-
sion of that hearing, and after considerina the
record, the esaminer's findinas and recommenda-
tions, together with such additional arguments
presented at the hearing, the council shall deter-
mine what, if any, adverse action shall be taken,
tivhich action shall be by resolution. The council
may accept, reject or modify the findings, conclu-
sions and recommendations of the hearing exam-
iner.
(c-2) Ex-parte contacts. If a license matter has
been scheduled for an adverse hearing, council
mem6ers shall not discuss the license matter with
each other or with any of the parties or interested
persons involved in the matter unless such dis-
cussion occurs on the record during the hearings
of the matter or during the council's final deliber-
ations of the matter. No interested person shall,
with knowledge that a license matter has been
scheduled for adverse hearing, convey or attempt
to convey, orally or in writing, any information,
azgument or opinion about the matter, or any
issue in the matter, to a council member or his or
her staff until the council has taken final action
on the matter; provided, however, that nothing
herein shall prevent an inquiry or communica-
tions regarding status, scheduling or procedures
concerning a license matter. An interested person,
for the purpose of this paragraph, shall mean and
include a person who is an officer or employee o£
the licensee which is the subject of the scheduled
adverse hearing, or a person who has a financial
interest in such licensee.
(d) Lzcensee or ¢pplicant m¢y be represented.
The licensee or applicant may represent himself
or choose to be represented by another.
(e) Record; e�idence. The hearing esaminer
shall receice and keep a record of such proceed-
ings, including testimony and exhibits, and shall
receive and gice weiaht to evidence, includino
heazsay evidence, which possesses probative value
commonly accepted by reasonable and pruder,t
persons in the conduct of their affairs.
(fj Council action, resolr�tion to contain ftrzd-
ings. Where the council takes adcerse acticn �rith
respect to a license, Iicensee or applicant for a
Supp. Vo. 41 2035
§ 310.05
LEGISLATIVE CODE
license, the resolution by which such action is
taken shall contain its findings and determina-
tion, including the imposition of conditions, if any.
The council may adopt all or part of the findings,
conclusions and recommendations of the hearing
esaminer, and incorporate the same in its resolu-
tion taking the adverse action.
(a) �dditzonal procedures eohere required. �Vhere
the procisions of any statute or ordinance require
additional notice or hearing procedures, such pro-
cision; shall be complied with and shall super-
sede inconsistent provisions of these chapters.
Thi; shall include, �vithout limitation by reason of
this specific reference, VIinnesota Statutes, Chap-
ter 36� and Minnesota Statutes, Section 340A.415.
(h) Discretion to hear notwithstanding witit-
draeual or surrender of ¢pplication or Zicense. The
council may, at its discretion, conduct a hearing or
direct that a hearing be held regarding revocation
or denial of a license, notwithstanding that the
applicant or licensee has attempted or purported
to withdraw or surrender said license or applica-
tion, if the attempted withdrawal or surrender
took place after the applicant or licensee had been
notified of the hearing and potential adverse
action.
(i) Continuances. Where a hearing for the pur-
pose of considering revocation or suspension of a
license or other disciplinary action involving a
license has been scheduled before the council, a
continuation of the hearing may be granted by the
council president or by the council at the request
of the licensee, license applicant, an interested
per;on or an attorney : epresenting the foregoing,
upon a showing of good cause by the party making
the request.
�j) If the council imposes an adverse action as
defined in section 310.01 above, a generic notice of
such action shall be prepared by the license
inspector and posted by the licensee so as to be
vi;ible to the public during the effective period of
the ad�-erse action. The licensee shall be respon-
sible for taking reasonable steps to make sure the
notice remainc posted on the front door of the
licen;ed premises, and failure to take such rea-
sonable precautions may be grounds for further
adcer;e action.
(k) Imposition of costs. The council may im-
pose upon any licensee or license applicant some
or all of the costs of a contested hearing before an
independent hearing esaminer. The costs of a
contested hearing include, but are not limited to,
the cost of the administratice la�v judge or inde-
pendent hearing examiner, stenographic and re-
cording costs, copying costs, city staff and attor-
ney time for which adequate records hace been
kepE, rental of rooms and equipment necessary for
the hearing, and the cost of expert ccitnesses. The
council may impose all or part of such costs in any
given case if (i) the position, claim or defense of
the licensee or applicant was frivolous, arbitrary
or capricious, made in bad faith, or made for the
purpose of delay or harassment; (ii) the nature of
the violation was serious, or involved ��iolence or
the threat of violence by the licensee or employees
thereof, or invoh�ed the sale of drugs by the
licensee or employees thereof, and/or the circum-
stances under which the violation occuned were
aggravated and serious; (iii) the violation created
a serious danger to the public health, safety or
welfare; (iv) the violation incolved unreasonable
risk of harm to vulnerable persons, or to persons
for whose safety the licensee or applicant is or
was responsible; (v) the applicant or licensee was
suBiciently in control of the situation and there-
fore could have reasonably avoided the violation,
such as but not limited to, the nonpayment of a
required fee or the failure to renew required
insurance policies; (ci) the ��olation is covered by
the matrix in section 40926 of the Legislative
Code; or (vii) the violation involved the sale of
cigarettes to a minor.
(1) Imposition of fines. The council may impose
a fine upon any licen;ee or license applicant as an
adverse license action. A fine may be in such
amount as the council deems reasonable and
appropriate, ha�Zng in mind the regulatory and
enforcement purposes embodied in the particular
licensing ordinance. A fine may be in addition to
or in lieu of other adver�= action in the sole
discretion of the council. To the extent anc other
provision of the Legislative Code pro��des for the
imposition o£ a fine, both prc�zsions sha11 be read
Supp. \o. 41 2036
LICENSES
together to the egtent possible; provided, how-
ever, that in the case of any conflict or inconsis-
tency, the other provision shall he controlling.
(Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88;
Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No. 17659,
§ 1, 6-13-59; Ord. No. 17911, § 1, 3-10-92; C.F. No.
94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-94;
C.F. No. 94-1340, § 2, 10-19-94; C.F. No. 95-473, §
4, 5-31-95)
Sec. 310.06. Revocation;suspension;adverse
actions; imposition of condi-
tions.
(a) Council may t¢ke adverse action. The coun-
cil is authorized to take adverse action, as defined
in section 310.01 above, against any or all licenses
or permits, licensee or applicant for a license, as
provided in and by these chapters. Adverse ac-
tions against entertainment licenses issued under
Chapter 411 of the Legislative Code may be
initiated for the reasons set forth in subsection (b)
below, or upon any lawfui grounds which are
communicated to the license holder in writing
prior to the hearing before the council. Such
actions shall be initiated and carried out in accor-
dance with the procedures outlined in section
310.05; provided, however, that the formal notice
of hearing shall be used to initiate the adverse
action without the use of prior procedural steps.
(b) Basis for action. Such adverse action may
be based on one (1) or more of the following
reasons, which aze in addition to any other reason
specifically provided by law or in these chapters:
(1) The license or permit was procured by
misrepresentation of material facts, fraud,
deceit or 6ad faith.
(2) The applicant or one acting in his or her
behalf made oral or written misstate-
ments or misrepresentations of material
facts in or accompanying the application.
(3) The license �vas issued in violation of any
of the provisions of the Zoning Code, or
the premises which are licensed or which
are to be licensed do not comply with
applicable health, housing, fire, zoning
and building codes and regulations.
§ 310.06
(4) The license or permit was issued in viola-
tion of la�v, without authority, or under a
material mistake of fact.
(a) The licensee or applicant has failed to
comply �-ith any condition set forth in the
license, or set forth in the resolution b ant-
ing or rene�vina the license.
(63 a. The licensee or applicant (or any
person whose conduct may by la�v be
imputed to the licensee or applicant)
has ciolated, or performed any act
which is a violation of, any of the
pro�zsions of these chapters or of any
statute, ordinance or regulation rea-
sonably related to the licensed activ-
ity, regardless of whether criminal
charges have or have not been
brought in connection therewith;
b. The licensee or applicant has heen
concicted of a crime that may dis-
qualify said applicant from holdina
the license in questian under the
standards and procedures in biinne-
sota Statutes Chapter 364; or
c. The licensee or applicant (or any
person whose conduct may by law be
imputed to the licensee or applicant)
has engaged in or permitted a pat-
tern or practice of conduct of failure
to comply with laws reasoaably re-
lated to the licensed activity or from
which an inference of lack of fitness
or good character may be drawn.
(7) The activities of the ticensee in the li-
censed acrivity created or have created a
serious danger to the public health, safety
or welfare, or the licensee performs or has
performcd his or her work or actio in
an unsafe manner.
(8) The licensed business, or the wayin which
such business is operated, maintains or
permits conditions that unreasonably an-
noy, injure or endanger the safety; health,
morals, comfort or repose of any consider-
able number of inembers of the public.
(91 Failure m keep side� or pede�trian
�vays rea;onably free of sno�v and ice as
required under Chapter 114 ofthe Saint
Paul Le�slatice Code.
Supp. No. 41 2037
§ 310.06
LEGISLATIVE CODE
(10) The licensee or applicant has shown by
past misconduct or unfair acts or deal-
ings: physical abuse, assaults or violent
actions done to others, including, but not
limited to, actions meeting the definition
of criminal sexual conduct pursuant to
�Iinnesota Statutes Sections 609.342
through 609.3451; seacual abuse, physical
abuse or maltreatment of a child as de-
fined in Minnesota Statutes Section
626.556, subdivisions 2 and 10e, includ-
ing, but not limited to, acts which consti-
tute a violation of �nnesota Statutes
Sections 609.02, subdivision 10; 609.321
through 609.3451; or 617246; neglect or
endangerment of a child as defined in
ti4innesota Statutes Section 626.557,sub-
division 2; the manufacture, distribution,
sale, gift, delivery, transportation, ex-
change or barter of a controlled substance
as defined in Minnesota Statutes Chapter
152; the possession of a controlled sub-
stance as defined in Minnesota Statutes
Chapter 152 in such quantities or under
circumstances giving rise to a reasonable
inference that the possession was for the
purpose of sale or distribution to others;
or by the abuse of alcohol or other drugs,
that such licensee or applicant is not a
person of the good moral character or
fitness required to engage in a licensed
activity, business or profession.
Ql) The licensee or applicant has materially
changed or permitted a material change
in the design, construction or configura-
tion of the licensed premises without the
prior approval of the city council in the
case of Class N licenses, the director in
the case of Class T licenses, and the
inspector in the case of Class R licenses,
or without first having obtained the proper
building permits from the city.
(12) The licensee or applicant has ciolated
section 294.01 of the Legislative Code, or
has made or attempted to make a prohib-
ited ex parte contact �vith a council mem-
ber as provided in section 310.05(o-2) of
the Legislatice Code.
The terms "licensee" or "applicant" for the pur-
pose of this section shall mean and include any
person who has any interest, whether as a holder
of more than five (5) percent of the stock of a
corporation, as a partner, or othenvise, in the
premises or in the business or actiti-ity which are
licensed or proposed to be licensed.
With respect to any license for acti�zties entitled
to the protection of the Firstrlmendment, notwith-
standing the foregoing procisions, neither the
lack of good moral character or fitness of the
licensee or applicant nor the content of the pro-
tected speech or matter shall be the basis for
adverse action against the license or application.
(c) Imposition of reasonable conditions and /or
restrictions. 4Vhen a reasona6le basis is found to
impose reasona6le conditions and/or restrictions
upon a license issued or held under these chap-
ters, any one (1) or more such reasonable condi-
tions andlor restrictions may be imposed upon
such license for the purpose of promating public
health, sa£ety and welfare, of advancina the pub-
lic peace and the elimination of conditions or
actions that constitute a nuiaance or a detriment
to the peaceful enjoyment of urban life, or promot-
ing security and safety in neazby neighborhoods.
Such reasonable conditions and/or restrictions
may include or pertain to, but aze not limited to:
(1) A limitation on the hours of operation of
the licensed business or establishmeut, or
on particular types of activities conducted
in or on said business or establishment;
(2) A limitation or restriction as to the loca-
tion within the licensed business or estab-
lishment where particular type of activi-
ties may be conducted;
(3) A limitation as to the means of ingress or
egress from the licensed establishment or
its parking lot or immediately adjacent
area;
(4) A requirement to p:ovide off-street park-
ing in excess of other requirements of law;
(,5) A limitation on the r.�anner and means of
advertising the operation or merchandise
of the licensed establishment;
(6) tlny other reasonable condicion or restric-
tion limitina the operation of the licensed
business or establishment to en;ure that
Supp. 'Vo. 41 2038
LICEFSES
the business or establishment will harmo-
nize with the chazacter of the azea in
which it is located, or to prevent the
development or continuation of a nui-
sance.
'I'he inspector may impose such conditions on
Class R licenses with the consent of the license
holder, or may recommend the imposition of such
conditions as an adverse action against the li-
cense or licenses; the inspector has the same
power with respect to Class T licenses. The coun-
cil may impose such conditions on Class N li-
censes with the consent of the license holder, or
upon any class of license as an adverse action
against the license or licenses following notice
and hearing as may be required. Such conditions
may be imposed on a license or licenses upon
issuance or renewal thereof, or upon and as part
of any adverse action against a license or licenses,
including suspension. Conditions imposed on a
license or licenses shall remain on such licenses
when renewed and shall continue thereafter until
removed by the council in the case of conditions
on Class N licenses or conditions imposed by
adverse action, and by the inspector in the case of
Class R and T licenses.
(d) St¢ndards for multiple license determirz¢-
tion. In any case in which the council is autho-
rized to take adverse action against less than all
of the licenses held by a licensee, or applied for by
an applicant, the following standards may be
used:
(1) The nature and gravity of the grounds
found by the council to exist upon which
the adverse action would be based;
(2) 'I'he policy andlor regulatory goals for the
particulaz licenses involced, either as em-
bodied in the Legislative Code or as found
and determined by the council;
(3) The interrelationship of the licenses and
their relative importance to the overall
business enterprise of the licensee or ap-
plicant;
(4) The management practices o£the licensee
or applicant with respect to each of such
licenses;
§ 310.07
(5) The extent to which adverse action against
less than all of the licenses or applications
woulc3 result in difficulty in enforcing and
monitoring the ad�erse action taken;
(6) The hardship to the licensee or applicant
that Fvould be caused by applying adverse
action to all licenses or applications; and
(7) The hardship and/or danaer to the public,
or to the public health and welfare, that
�vould result from adverse action against
less than all of the licenses or applica-
tions.
(Code 1956, § 510.06; Ord. i�o. 17584, § 1, 8-25-88;
Ord. No. 17657, § 15, 6-5-89; Ord. No. 17659, § 2,
6-13-89; Ord. �o. 17901, §§ 2, 3, 1-14-92; Ord. No.
17917, §§ 2, 3, 3-31-92; Ord. No. 17922, § 1,
4-28-92; C.F. i�o. 94-500, § 3, 7-6-94; C.F. No.
94-1340, § 3, 10-19-94; C.F. I�'o. 95-473, § 5;
5-31-95; C.F. l�o. 99-500, § 3, 7-7-99)
Sec. 310.07. Termination of licenses; surety
bonds; insurance contracts.
(a) Autom¢tic termination, reinst¢tement; re-
sporzsibility of Iicensee. All licenses or permits
which must, by the provisions of these chapters or
other ordinances or laws, be accompanied by the
filing and maintenance of insurance policies, de-
posits, guarantees, bonds or certifications shall
automatically terminate on cancellation or with-
drawal of said policies, deposits, bonds or certifi-
cations. No licensee may continue to operate or
perform the licensed activity after such termina-
tion. The licensee is liable and responsible for the
filing and maintenance of such policies, deposits,
guazantees, bonds or certifications as are re-
quired in these chapters, and shall not be entitled
to assert the acts or omissions of agents, brokers,
employees, attorneys or any other persons as a
defense or justincation for failure to comply with
such filing and �aintenance requirements. In the
event the licensze reinstates and files such poli-
cies, deposits, boads or certifications �i�ithin thirty
(30) days, the license is automatically reinstated
on the same terms and conditions, and for the
same period as oria nally issued. rlfcer thirty (307
day;, the applicant must reaoply for a renewal of
his license as though it were an oria nal applica-
tion.
Supp.No.41 2038.1
t
zo�L�G coDE § sosa2
taining to the proposed use, cvhich or structures, and the alteration, enlargement
specific plan has been approced bp and moving of existing buildings or structures
the city. &om other locations or districts shall conform to
b. Commercial uses shall be limited to the folloz��ing cpecified uses unless othenvi,e pro-
those otherwise permitted in the dis- �ded in this code:
trict which do not require a sepaza- (1) All principal uses as permitted and as
tion distance from residentially zoned regulated in a B-1 District.
or occupied property.
(2) Electric transformer stations and substa-
tions; gas regulator stations with service
yards, but without storage yards.
(3) Cellular telephone antennas located on a
freestanding pole, as regulated in the OS-1
district, section 60.514(6)a. through g.
(4) Accessory buildings, structures and uses
customarily incident to the above permit-
ted uses.
(Code 1956, § 60.484; Ord. No. 16956, 9-9-82; Ord.
No. 17039, 7-7-83; Ord. No. 17845, § 23, 6-27-91;
Ord. No. 17894, § 2, 12-3-91; C.F. No. 93-1718,
§§ 36, 37, 12-14-93; C.F. No. 93-1815, § 7, 12-28-
93; C.E No. 97-565, § 9, 6-11-97; C.E No. 99-750,
§ 3, 9-1-99; C.F. No. 00-972, 11-8-00)
Sec. 60.535. Area, bulk and setback require-
ments.
See Chapter 61, Schedule of Regulations, lim-
iting the height and bulk of buildings, the mini-
mum size of lot by permitted land use, and
providing minimum yard setback requirements.
(Code 1956, § 60.485; C.F. No. 00-972, 11-5-00)
Subdiuision 4. 60.540. B-2 Community
Business District
Sec. 60.541. Intent.
The B-2 Community Business District is in-
tended to serve the needs of a consumer popula-
tion larger than that served by the "Local Busi-
ness District;' and is generally characterized by a
cluster of establishments generating large vol-
umes of vehicular and pedestrian traffic.
(Code 1956, § 60.491; C.F: No. 00-972, 11-8-00)
Sec. 60.542. Principal uses permitted.
In a B-2 Community Business District the use
of land, the location and erection of new buildings
Supp. No. 46
553
(2) A11 retail business, service establish-
ments or processina uses as follows:
a. Any retail business �vhose principal
activity is the sale of inerchandise in
an enclosed buildina.
b. Any sercice establishment housina
an office, showroom or workshop of a
contractor (including, but not lim-
ited to, plumbing, heating, air condi-
tioning, electrical, mechanical), dec-
orator, dressmaker, baker, painter,
upholsterer, a radio, television or
home appliance repair business, or
similar service establishments.
c. Private clubs, fraternal organiza-
tions, liquor licensed establishments
and lodge halls.
d. Restaurants and fast-food restau-
rants when incorporated cvithin a
multi-use retail center and which do
not provide drive-through windotiv
service.
e. Theaters, assembly halls, auction
halls, bingo halls, concert halls, re-
ception halls or similar places of
assembly when conducted completely
within enclosed buildings.
£ Veterinary clinics without boarding
(eacept for medical procedures); tat-
too parlors.
g. Dlail order hou;es.
h. Healthlsport clubs, concersation/rap
pazlors, massage parlors and steam
room/bathhou=_e facilities which are
not adult uses.
i. Food catering establishments.
j. Brzw on premises stores as regu-
lated by Minnesota state la�as.
§ 60.542 LEGISLATIVE CODE
k. Coffee kiosks.
1. Fully enclosed auto sales when in-
corporated within a multi-use retail
center. �
(3) Recyclina drop-off station; provided, that
the facility:
a. Shall not occupy an area more than
two hundred (200) square feet and
shall not interfere �vith parking and
maneuvering requirements of the
principal use;
b. Shall be screened pursuant to sec-
tion 62.107 if it abuts a residential
use or district;
c. Shall be set back at least ten (10)
feet from any property line and shall
not obstruct pedestrian or vehicular
circulation; and
d. Shall be maintained free of litter
and other undesirable materials.
(4) Currency exchange business when lo-
cated at least one hundred (100) feet from
any residential lot in a residential district
or at least one hundred (100) feet from
any residential lot occupied with a one-,
twa, three-, four-, townhouse, or multiple-
family dwelling, measured from the clos-
est point of the building in which the
business is located to the closest residen-
tial property line.
(5) Other uses similar to the above uses.
(6) Accessory building, structures and uses
as defined in section 60201.
(Code 1956, § 60.492; Ord. No. 16956, 9-9-82; Ord.
No. 17204, 1-15-85; Ord. No. 17524, § 12, 1-6-88;
Ord. No. 17564, § 7, 5-19-88; Ord. No. 17611, §§ 1,
2, 11-3-88; Ord. No. 17646, § 6, 4-6-89; Ord. No.
17689, § 4, 10-26-89; Ord. No. 17777, 10-11-90;
C.F. No. 93-1718, § 38, 12-14-93; C.F. No. 94-1863,
§ 2, 1-18-90; C.F. No. 96-77, § 2, 2-14-96; C.F. No.
96-1342, § 2, 11-13-96; C.F. No. 97-1089, §§ 2, 3,
10-1-97; C.F. No. 00-972, 11-8-00)
Sec. 6�.543. Required conditions.
The following conditions shall be required of all
uses in the B-2 Community Business District:
(1) All business establishments shall be re-
tail or service establishments dealing di-
rectly with consumers. All goods provided
on the premises shall be sold at retail on
the premises �chere produced.
All business, storage, servicing or process-
ing shall be conducted �vithin completely
enclosed buildings. Provided, howecer, that
the following uses may be conducted out-
doors if specifically allowed as a permit-
ted use or specialcondition use: Off-street
parking,off-streetloading oroutdoorbusi-
nesses and outdoor businesses with out-
door storage.
(Code 1956, § 60.493; C.E No. 92-1479, § 5,
12-15-92; C.F. No. 00-972, 11-8-00)
Sec. 60.544. Principal uses permitted sub-
ject to special conditions.
The following additional uses shall be permit-
ted, subject to the standazds specified for all
special condition uses as set forth in section
64.300(d). All principal uses permitted subject to
special conditions shall be reciewed and approved
by the planning commission.
(1) All uses as permitted and regulated in the
B-1 Local Business District under princi-
pal uses permitted subject to special con-
ditions.
(2) Open air uses which are accessory to a
principal use permitted in the district and
located on a zoning lot at least twenty
thousand (20,000) square feet in azea as
follows:
a. Retail sales of plants not grown on
the site, lawn furniture, playground
equipment, and garden supplies; pro-
vided, further, that such use shall be
located at the end or reaz of the
building.
(3) Bowling alley, billiazd hall, indoor az-
chery range, indoor tennis courts, racquet
ball and hand ball courts, dance hall,
electronic game room, indoor skating rink,
or similar forms of indoor commercial
recreation when located at least one hun-
dred (100) feet from any front, reaz or side
yard of any residential lot in an adjacent
residential district measured from the clos-
Supp.No.46 554
LICENSES
skin injury and allergic reactions. Re-
peated exposure may cause premature
aging of the skin and skin cancer.
"4Vear protective eyewear.
"FAILURE TO USE PROTECTIVE
EYEWEAR MAY TZESULT IN SEVERE
BURNS OR LONG-TERM INJURy TO
THE EYES.
"Medications or cosmetics may increase
your sensitivity to the ultraviolet radia-
tion. Consult a physician before using
sunlamp or tanning equipment if you are
using medications or have a history oF
skin problems or believe yourself to be
especially sensitive to sunlight."
(C.F. No. 93-1733, § 6, 12-9-93)
Sec. 380.07. RuIes and regulations.
Ru1es and regulations. The director of environ-
mental protection may upon notice and hearing
promulgate such rules as he or she deems neces-
sary to carry out the provisions and purposes of
this chapter, to protect the public health, to pro-
vide for safe and sanitary operation of tanning
facilities, to provide for the safety of tanning
equipment, and for the proper training of persons
employed in the operation of tanning facilities.
Notice of the promulgation of such rules and the
hearing date shall be given to all licensees, and
notice of the hearing date published once in the
legal newspaper. The notice shall advise that at
the hearing written or oral comments on proposed
rules will 6e received, and how a copy of the
proposed rules can be obtained.
(C.F. No. 93-1733, § 7, 12-9-93)
Chapter 381. Currency Exchanges
Sec. 381.01. State license required; defini-
tion.
No person shall engane in the business of a
currency exchange in Saint Paul without a license
as provided by Nlinnesota Statutes Chapter 53A.
(C.F. No. 94-46, § 2, 2-2-94)
§ 381.02
Sec. 381.02. Procedures; hearing; fee.
(a) Procedures. Upon receipt of a completed
application from the coinmissioner of commerce
for a new license, the matter shall be referred to
the Office of License, Inspections and Environ-
mental Protection for investigation of the appli-
cation. Published notice shall be given of the
receipt of the application, and notice shall also be
given to the affected neighborhood groups, giving
them fifteen (15) days to respond with any objec-
tions to issuance of the license. If no objections are
received to the issuance of the license, LIEP shall
recommend issuance of the license to the commis-
sioner of commerce. In the event objections are
raised to the issuance of the license, the applicant
is entitled to a hearing as set forth below.
(b) Hearing. The hearing shall be held hefore
an independent hearing examiner in conformity
with the provisions of section; 310.05 and 310.06
of the Legislatice Code, and the rules of the office
of administrative hearings, to the extent such
rules are not 3n conflict with sections 310.05 and
310.06.
(c) Renewal applications. The director of LIEP
shall in �vritine notify the council, and the af-
fected neighborhood organization(s) established
for citizen participation purposes, �vithin five (5)
days of receipt of a renewal application, and shall
publish notice oFintention to consider the possible
renewal applicarion. If an application for renewal
of a currency exchange license is received and no
grounds for objection have been raised within
fifteen (15) days ofsuch notice, LIEP shall recom-
mend issuance of the license to the commissioner
of commerce. If objections hace been raised to the
issuance of a renewal license, the matter shall be
scheduled for a hearing before an administratice
law judge, and the hearing requirements of Saint
Paul Legislatice Code section 310.0� shail apply
(d) Fee; costs. The applicant shall pay, «-ithin
fifteen (15) dacs following receipt of the applica-
tion by the cit}', a fee coverin� the costs of admin-
istering and processing the application in an
amount to be established in conformity with the
procedures in �ection 310.09�b) of the I.ea slatice
Code. The applicant shall also reimburse the city,
w�ithin fifteen (15) days following action by the
city council on the application, for its costs in
Supp.No.41 2155
§ 381.02
LEGISLATIVE CODE
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; C.F. No. 99-232, § 1,
4-14-99)
Sec. 381.03. Grounds for disapproval, etc.
(a) Disapproual. 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 conclu-
sions of lacv of the independent hearing examiner
and may amend the sazne to conform to its deci-
sion on the record and the testimony. Notice of the
disapproval may be communicated to the commis-
sioner of commerce before the effective date of any
such resolution where necessary to avoid a pre-
sumption of concurrence.
(b) Grounds for dis¢pprov¢l. 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 Chap-
ter 53A.
(2) Any one (1) or more of the reasons, condi-
tions, or standards for adverse action un-
der 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 ex-
change as proposed would cause sig-
ni£cant adverse consequences or im-
pacts upon the neighborhoods within
three hundred (300) feet of the ex-
change. Such anticipated effect must
be shown by clear and convincing evi-
dence.
(ii) The existing cusency exchange has
caused significant adverse conse-
quences or impacts upon the neigh-
borhoods �vithin three hundred (300)
feet of the exchange.
l37 Failure of the applicant to agree to rea-
sonable conditions upon the operation of
the business in accordance with the pro-
cedures in section 310.05 and the grounds
af 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 la�c, and annual audits at the
licensee's expense.
(6) The applicant is not of good moral chaz-
acter 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
interestin 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 ¢nd corpor¢tions. 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 thete is a basis for denial as to any (i)
shazehalder 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 man-
agement 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 follo�ving meaning when used in this chapter
and in Chapter 310 of the Legislati� Code.
(a) Applicant. The term "applicant" includes
persons, partnerships, firms and corporations and
all other forms of business centures. It also in-
cludes employees who exerci,e management or
policy control over the enterprise, general and
limited partners, shareholders of more than five
Supp,\o.41 2156
LSCEVSES
(5) percent of the outstanding or issued shazes of
a corporation, and corporate managers, officers
and directors.
(b) Application. The term "application" in-
cludes applications for both new and renewal
licenses.
(c) License. The term "license" refers to the
state currency exchange license provided for in
Minnesota Statutes Section 53A.02.
(d) Currency exch¢nge. The term "currency ex-
change" 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
eschange 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, which-
ever is greater.
(C.E No. 94-46, § 5, 2-2-94)
Chapter 382. Pet Grooming Facilities
Sec. 382.01. License required.
No person shall engage in the business of
operating a dog and cat grooming facility without
a license. Each such facility shall be separately
licensed.
(C.E No. 94-202, § 1, 3-23-94; C.E No. 99-521, § 1,
7-7-99)
Sec. 382.02. Definitions.
(a) C¢t means and includes any male or female
domesticated feline animal.
(b) Dog means and includes any male or fe-
male animal of the dog kind.
(c) Pet grooming means the act of grooming a
pet. For purposes of this chapter, grooming shall
include, but not be limited to, the bathing, fur
clipping or manicuring of any dog or cat.
§ 382.05
(d) Pet grooming facility means any facility
engaged in the practice of pet grooming that is not
a"pet shop," as defined in section 347.02 of the
Legislative Code.
(C.E No. 94-202, § 2, 3-23-94; C.E No. 99-521, § 2,
7-7-99)
Sec. 382.03. Fee.
The fee required for a license shall be estah-
lished by ordinance as specified in section 310.09(b)
of the Legislative Code. The licensee shall display
the license in a prominent place on the premises
at all times. The license shall 6e renewed annu-
ally on the annicersary date of such approval.
(QE No. 94-202, § 3, 3-23-94)
Sec. 382.04. Application.
Applic¢tion. Every applicant for a dog and cat
grooming license shall file an application with the
Office of License, Inspections and Environmental
Protection (LIEP). The application shall be on a
form prescribed by LIEP containing such informa-
tion as the director of such o�ce may require
including, but not limited to, the applicant's name,
address and telephone number, the name, ad-
dress and telephone number of the dog grooming
and cat grooming facility.
(C.F. No. 94-202, § 4, 3-23-94)
Sec. 382.05. Rules.
The director of environmental protection may
upon notice and hearing promulgate such rules as
he or she deems necessary to carry out the provi-
sions and purposes of this chapter, to protect the
public health and to provide for the proper care of
animals and to provide for cleanliness and proper
sanitation of such facilities. Notice of the promul-
gation of such rules and the hearing date shall be
given to ali licensees, and notice of the hearing
date shall be published once in the legal ne�vspa-
per. The notice shall advise that at the hearing
written or oral comments on the proposed rules
will be receiced, and ho�i a copy of the proposed
rules can be obtained. Such rules shall be effec-
tive after such heazing �vhen filed in the office of
Supp. I`o. 41 2157
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§ 53.09 L'�'DUS272L�I. LO.SN A.\'A TfIRIFT CO�A.i'IEg
1, and section 46.0.5, subdiro-ision 1, to facilitate the qualifications of the company to partieipyta
in the United States Small Business Administration loan guarantee or similar programs,
Each licensee shall pay to the commissioner the amount required under section 46.13I, and
the commissioner may maintain an aetion for the reco�•ery of the costs in a eourt of competent
jurisdietion.
Subd. 3. Penalties. The penalties for violation of this chapter, or for any a�rongdoing in
eonnection there«if.h, shall be f.he same as those applied to state banks under the laws of thi;
state. In addition to being subject f.o the penaIties in section 48.28, a eompany in violation of
seetion 53.05, clause (2), may cure this ��olation in the manner provided in section 4823.
Subd. 4. Interpretire opinions. The commissioner may honor requests from interested
parties for interpretive opinions in eonneetion with the administration of this chapter. n�o
provision of this chapter or of any other chapter to which this chapter refers whieh imposes
any penalty shall appIy to any act done or not done in confornrity with any �,Titten
interpretive opinion of the commissioner, notuzthstanding that such a�ritten interprefice
opinion may, after such act or omission, be amended or rescinded or be deternuned by judieial
or other authority to be invalid for any reason.
Amended by Laws I989, c. 166, § 24; LaaS 1992, e. 557, art- I, § 21; Laws 1993, c. 257, § 35, eff. May
Z0, 1993; Laws 5995, e. 202, art. I, §§ i& to I8, efE May 20, 1995; Laas 1996, c. 414, aR. 1, § 25, efi.
Apri13, 1996; Laws 1997, e. 151, § 46, efL May 17, 1997.
Historical and Statuforv Notes
1989 Legislation
The 1989 amendment pro�ided that in adffiGon
to being subjeet to penalties in § 4828, a company
��olating § 53.05, cl (2) may cure the violation as
provided in § 4828.
1992 Legislafion
The 1992 amendmenF in subd. 2, cl. (1), deleted
a requirement that the report be published once,
at the espense of the industrial loan and thrift
company, in a neu4paper of the county of its
loeation, aith proof 61ed csith the eortunissioner of
eommerce.
1993 Legislation
The 1993 amendment added subd. 4, relating to
interpretire opinions.
1995 Legislation
The 199a amendment, in subd. 1, provided that
the examinations u•ere to be eonducted foY the
ptirposes set forth in § 46.04, subd. 1, and Speeified
that this subdi�ision applied to industrial loan and
thrift crompanies `�ith the right to issue thrifr
certificates for incestment"; in subd. 2, cl. (U,
ehanged ihe reporting date from "before the fust
day of Febraary�' to "before the first day oi
Much"; and added subd. 2a, allok�ing the cor.imi-
sioner to investigate whether the licensee is cor.i-
p7ying uith this chapter,
1996 Legislation
The 1996 amendment, in subd. 2, cl. (2), deleted
a proi�sion requiring eaeh industrial loan and thrift
company to make the publication required of stace
banks pursuant to § 45.48.
1997 Legislation
Laws 1997, c. 167, § 46, in subd. �a, authorizeo
the wmmissioner, uyon w'ritten agreement «it1
the company, to conduct eaaminations applying tce
procedures for purposes of subd. 1, and § 46.0-1,
subd. 1, to faeilitate the qualiSeations of the com-
pany to participate in the U.5. Small $usines�
Administration loan guarantee or similaz p:o-
grams.
Chapter 53.�
CURRENCY EXCfL�\GES
Secfion Section
53A01. Definitions. a?AO&. Bond. �
53A02. License. S3AOS1. Annual repor[ and im
a3A63. Appliea5on for Gcense; fees. 53A69. Pov: ers; limitafions, pro}ubitions.
53A.61. dpprocal or denial of an applieafion, a3d.10. �olafions.
53A.05. Change of name, ownership, or location. 53A31. Booics of account; annuai report.
53A06. Fine, suspension, or recoeation of G- "a39.12. Hules.
cense. 53A13. Fee notice; false adcertising; penai[p.
"a3A07. Filing of fees; unreasonable fees. 53A14. Repealed.
330
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CUKRENCY EXCFL4:�GES
SV�ESTI..9w Elecfronic Research
See tiVESTLA4V E2ectronic Researeh Guide fol-
lowing the Preface.
534.01. D�nitions
§ 53A.03
Subdirision 2. Cunency eschange. "Currency eaehange" means any person, except a
bank, trust company, savings bank, savings association, cred'at union, or industrial loan and
thrift company, engaged in the business of cashing eheeks, drafts, money orders, or traveiers'
checks for a fee. "Currency e.echange" does not inelude a person who provides these services
incidental to the person's primary business if the charge for cashing a check or draft does not
esceed $I or one percent of the value of the check or draft, whichever is greater.
Su6d. 2. Commissioner. "Commissioner" means the commissioner of commerce.
Laws 1989, c. 247, § 1. Amended by Laws 199n, c. 202, art 1, § 25, efP. May 25, 1995.
Historical and Statatory Notes
1989 Legisiation
Laws 1989, c. 247, § 16, provides that this sec-
tion u e@'ective August 1, I9S9. Existing currency
exchanges must submit applications in rompliance
rvizh this chapter by Oetober 1, 1959. No currency
exehange sha(1 operate without a license after De-
cember 31, 1959.
1995 Legislation
Laws 1995, c. 202, art. 1, § 2�, instructed the
revisor of statutes to ehange '�uilding and loan
association" or "sa�ings, building and toan assoeia-
tion' or "savings and toan assoeiation" or similar
term to °savings assoeiation" or similar term in
MinnesoW Statutes and Minnesota Rules.
53A.02. Licen,e
Sabdivision i. Requirement. A person may not engage in the business of a currency
exchange without first obtaining a license from the crommissioner. Nat more than one place
of business may be operafed under the same license, but the commissioner may issue more
than one license to the same licensee upon cromptiance by the applieant with all the provisions
of this chapter for each new license issued.
Subd.'L. Distance limitation. No license may be issued or renewed under this chapter if
the place of business to be operated under the license is located or proposed to be located
�vithin one-half mIle of another licensed currency exchange. Tke distance limitation impased
by this subdivision is measured by a straight line from the ciosest points of the closest
structures involved.
Subd 3. Prohibition. A licensee may not contraet with another person or basiness
entity to manage the currency e�cchange business. TMs subdivision does not prohibit the
licensee from employing persons to operate a currency exchange facility.
Laws 1989, e. 247, § 2, Amended by Laws 1992, c. 504, § 2.
Historical and Statufory Notes
2958 Legislafion
Laws 19&9, c. 217, § 16, provides that ttds sec-
tion is effective August 1, 1989. Esisting currency
exchanges mast submit applieations in compliance
ntith this chapter by October 1, 1989. No currency
eschange shall operate xithout a license afrzr De-
cember ^ol, 1959.
1992 Legislation
The 1992 amendment rewrote this section, which
had read:
"A person may not engage in the business of a
currency exehange without first obtaining a license
from the eommissioner. A person may operate
currency exchanges at more than one location with
one license.°
Laws 1992, c. 504, § 9, pro�ides in part that § 2
is effective Aprii 21, 1992, thaE § 2, subds. 2 and 3,
apply to licenses issued for nem plares of business
that begin operating on or afrzr the effeetive date,
and that § 2, subd. 1, applies to Hcenses issued or
renewed on or after that date.
53A.03. Applicateon for license; fees
(a) An applicaGon for a license must be in writing, under oath, and in the form prescribed
and fizrnished by the commissioner and must contain the foIIowing:
331
a.h'
�,� - _
§ 53A.03 CURRE\CY EYCEL4NGES
�.'� � (1) the full name and address (both of residence and place of business) of the applicant, and
if the applicznt is a partnership or assoeiation, of e� member, and the name and business
address if the applicant is a corporation;
' (2) the county and municipality, alth street and number, if any, of all currencq exehange
�. loeations operated by the applieant; and
{3) the applicant's occupation or profession, for the ten years immediately preceding the
'�-- application; present or pre��ious eonnecflon �ith any other currency e�change in this or any
other state; �rhether the applicant has ever been eom of any crime; and the nature of
��.' the applicant's oecupancy of the premises to be licensed; and if the applieant is a partnership
or a corporation, the informaflon specifie@ in this pazagraph must be supplied for each
- partner and each officer and director of the eorporation. If the applicant is a partnership or a
°�� � nonpubliciy held corporation, the information spee�ed in this paragraph must be required of
�.°?" each partner and each o�cer, director, and stockholders on in excess of ten percent of
the eorporate stoek of fhe corporation.
-� (b) The application shall be aeeompanied by a nonrefundable fee of $1,004 for the re��e�v of
the initial application. Upon approval by the commissioner, an additional lieense fee of $000
must be paid by the applicant as an annual &cense fee for the remainder of the calendar year.
� An annual license fee of $500 is due for each subsequenf. catendar year of operation upon
- submission of a license renewal application on or before September 1. Fees must be
deposited in the state treasury and credited to the general fund. Upon payment of the
. required annual license fee, fhe commissioner shall issue a license for the year beginning
Jan¢ary 1.
(c) The commissioner shall require the applieant to submit to a baekground invesYigation
conducted by the bureau of criminal apprehension as a condition of licensure. As part of the
background investigation, the bureau of criminai apprehension shali conduet cruninat histaiy
checks of Minnesotz reeords and is authorized to e�change fingerprints «�th the Federal
Bureau of Investigation for the purpose of a criminal baekground check of the national files,
The cost of the invesfagation must be paid by the applicant.
(d) Far purposes of this seetion, "applicant" ineludes an empIoyee who exercises manage-
ment or polley control over the company, a director, an offcer, a timited or general partner, a
manager, or a shareholder holding more than ten percent of the ovtstanding stock of the
wrporation.
Larvs 2939, e 247, § 3. Amended by La�i 1�J92, c. 604, § 3; Laws 1993, e. 3"s1, § 1; La�s 1999, c. 223,
art. 2, § 2.
: �.
Historical and Stafutory Notes
1989 Legislation
Lax•s 1989, e. 24?, § 16, pro�ides that this sec-
tion is effeeuce August 1, l939. Eaisting currency
eschanges r.mst submit app[icafions in compliance
nith t}us chapter by October 1, 1959. No curreney
e�ehange shai] operate �tithout a license after De-
cember 31,19S9.
1992 Legislation
The 1992 amendment added pars. (c) and (d),
requiring a bacl�s,mound incestigation of applicants
and defining "applicanti', res[�ecfiaely.
� 53.�
i C
�
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� ch�
th�
ch�
th�
Lans 1992, e 543, § 9, prolides in part that ¢ 3
is effecti��e April 24, 1992, and app7ies to licenses ' =
issued or reneti�'ed on or after that date, ad
re—
1893 Legislation th�
The 1993 amendment ehanged the date from '
Dec. 1 to Sept. 1 m the thud sentence of pu. (b). : L
539.04. 3pprocal or deniai of an application
(a) R%ithin 30 days after the receipt of a complete application, the eommissioner shall deny
the applica5on or submit the applieation to the gocerning body of f,he local unit of go�•ernment
in vrhich the applieant is loeated or is piroposing to be located. The commissioner may not
approce the application wzthout the concurrence of the go}�erning body. The go4erning body
shall give published notiee of its infenfion to consider Che issue and sha21 solicit testirnony
from interested pei�sons, ineluding those in the eommunity in ���hich the applicant is located or
is proposing to be located. If the gocerning body has not xpproved or disapproced the issue
332
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�S _ i
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YGES
nt, and
zsiness
change
ing the
or any
�ture of
aersYrip
n each
hip or a
iired of
rcent af
:view oF
of $a00
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m upon
uust be
t of the
�e nning
;tigation
rt of the
t history
Federal
na1 files.
manage-
aitner, a
k of the
99, c. 223,
t that § 3
co licenses
date from
of par. @)-
CUAItENCY EXCI��IGES § 53A.05
within 60 days of receipt of the appiicaflon, concurrence is presumyd. The conunissioner
must approve or disapprove the application within 30 days from receitiing the decision of the
governing body. 1`he gocerning bodv shall hace the soIe resnonsibility for its decision. The
state shall have no responsibility for that decision.
(b) If the app&cation is denied, the commSssioner shal! send by mail nodce of f.he denzal and
the reason for the deniai to the applicant at the a@dress contained in the application. If an
application is denied, the appticant may, within 30 days of recei�ing the notice of a denial,
request a contested case hearing pursuant to chapter 14; pro�9ded that if thy deniai is based
upon the refusal of the governing body ta concur the gocerning body must afford the
applieant a hearing, The applicant shaR have no right to the hearing provided for in this
section if the deniat is based upon the governing body's refusal to concur but shall have a
hearing before the governing body.
(c) This section applies to initial applications and renewal applications.
(d) The state shalI have no responsibility for the action of the gocerning body.
Iarvs 2989, c. 247, § 4. elmended by Laws 1992, c. 5W, § 4.
$is!orical and Sfatutory Notes
1939 Legistafion
Lans 1959, c. 2d7, § 16, prmtides that this sec-
tion is effective Augvst 1, 1938. Existing cumency
exchanges must submit applications in complianee
nith this ehapter by October 1, 1939. No eurrency
eschange shall operate aithout a license after De-
cember 31, 1989.
1992 Legislafion
The 199E a�nendment reazote thic section, wfiich
hact read:
"The commis,ioner shall approve or deny an
zpplication �vithin 30 days from the completed
filing of it. If khe applieation is denied, the com-
missioner shall send by� mail noflce of the denia!
and the rea�on for the deniai to the applicant at
che address contained in the application. If an
apptication is denfed, the appticant may-, within 30
days of recei�ing the nutice of a denial, request a
conEested ense hearing pursuant to chapter 14:'
La�es 199?, c. i94. §�J, Provide; in part that $ 4
is effective Apiil 2{, 19�J2, a�d applies to ]icenses
issued or rene}red on or after that dxte.
539.05. Change of name, ownership, or location
; Subdivision 1. Name or tocation. If a licensee pi•oposes to change the name or location
', of any or all of its cun•eney exchanges, the Gcensee shall fde an application for approcal of the
i change with the commissioner. The commissioner shall not approce a ehange of location if
� ' the reqirirements of sections a3A.02, subdivision 2, and 53A04 have not been satisfied. If the
change is approved by the commissioner, the commissioner shall issue an amended license in
� the licensee's new name or location. A$100 fee must be paid for the amended license.
� Subd. 2. Ownership. The licensee sha11 notify the commissioner 30 business days in
: adcanee of any change in ownership of the cmmency exchange. The commissioner may
! revoke the currency exchange license if the new ownership wouid have resulted in a deniai of
the iniEial license under the provisions of chapter 53A.
Laws 1g89, c. 247, § 5, Amended by� Larus 1992, e. 54f, § 5; Laws 1999, c. 223, azG 2, § 3.
Historical and Statutory Notes
7939 Legislafion
Laws 1939, c. 217, § 16, provides that this sea
6on is effective Avgust 1, 1989. Existing currency
>h2Il deny e�changes must submit app&ca5oas in comp$ance
>verttment n��' this chapter by Oetober 1, 1989. No curreney
exchange sha71 operate «ithout a Geense afrer De-
r may not cember 31, 1989.
-ning body
testimon}' �99? Legislation
located or The 1992 amendment rewrote this section, u
1 the issue Ead read:
"If a Gcense proposes to change che name or
localion of any or all of its currer.rs eschanges, or
zdds a neu currency esehange locacion, the Gcen-
see shall £ile an application for approc of the
change with the commi;sioner. ti the change i�
approved by the commissianer, fr,e com:nusioner
shait issue an amended license in the licensee's
new name or location. A$"a6 fee must be paid for
the amended license."
Laus 1992, c. 5W, § 5, pmcides in part that § 6
is effeetice April ?z, 1992 and applies to licenses
iscued or renen�ed on or after that date.
333
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§ 53A.06 CURRENCY EXCIiANGES
- 53P..06. Fine, suspension, or recocation of license
(a) The croimnissioner may suspend or reroke any license under seetiun 4a.027 if the
commissioner finds that:
(1) the Ifeensee has failed f,o pay the annuai license fee or to maintain in effect the req�d2ed
bond or to comply with any order, decuion, or finding of the commissioner under Laas 1989,
chapter 247;
(2) the licensee, or any officer or director of a corporate licensee, has �'iolated any provision
of Laws 1989, chapter ?A7, or any nile or order of the eommissioner under this chapter or
chapter 45;
(3) the &censee, or any offieer or director of a corporate licensee, has violated any otLer ]aw
which would indieate that the person is untrustworthy or not qualified to operafe a ciurency
�ehange; or
(4) any fact or condition e�sts which, if it had ebsted at the time of the original or renewal
application for the license, wovld have �van•anted the commissioner refusing the issuance of
the ticense.
(6) A license may not be revoked vntil the lieensee has had notice of a hearing pursuant to
the provisions of chapter 14.
(c} A licensee may surrender any license by delivery to the commissioner. The surrender
does not affect the licensee's civil or crirninal liability for acts committed before the surrender,
or a�'ect the liability on the band required by sections 53A01 to 53A23, or entiUe f.he licensee
to a return of any part of any ficense fee.
(d) Before suspension or revocation ot the license, tiie commissioner may fine a licensee for
violafions of Laws 1989, chapter 247, as authorized under ehapter 45.
Laws 1989, c. 247, § 8.
CURR
The cc
issued
Lan's 1,'
1959 Le
Laus
Lion is e-
e�chang
533.03—
Befo
nith a�
author—
to the
1I1Ci17T'�
for lia
check,
1t1C1ll1
The �
comm
the a�
licens
mone
inttia�
Laas
$isturical and Sfatutory Nof.es
1989I.egislation a•ith this chapter by OcWber 1, 1989. No currency � Igeg �
Laws 1989, e. 247, § 16, pm�2des that this ser exchange shall opente without a license after Dr i La�
tion is e@'ective August 1, 1989. E�sting ewrency cember 31, 1989. � tion i—
exchanges must submit applieations in comptiance ! exch�
uith
53A.07. Filing of fees; unreasonable fees s ezcn�
� cen�
Subdicision 1. Appmval of fees. Fees charged at each location for eheck cashing ; 1g9 .,
services must be filed mith and approved by the commissioner. . .
Subd. 2. Amendment of fees. A licensee may amend its fees at any time by filing the , had —
proposed amendments with the eommissioner. The application for amendment shall be in ;
writing, under aath, and in the form preseribed by the rnmmissioner. A fee of $50 shall ; �gq
accompany the application. The crommissioner shall approve or deny the applicataon 60 days ; S
after the filing of a comglete application to amend its fees.
Subd. 3. Standazds; unreasonable fees prohibited The eommissioner may disapprove � j��
the fees filed by a curreney exchange if they are not fair and reasonable. In determinin%' esa
whether a fee is fair and reasonable, the comnissioner shall kake into consideration: ,
(1) rates charged in the past for cashing of checks by those persons and organizations' �
providing check cashing services in the state af htinnesota; ea�
(2) the income, cost, and eaperience of the operaGOns of curreney exchanges existing pnor P
to this enactment or in other states under similar conditions or regulataons; - e � �
(3) the amount of risk involved in the type of check to be cashed and the loeation where the
evrrency exchange operates; 1Ilt
(4) the generai cost of doing business, insurance costs, seeuriLy crosts, banldng fees, and
other eosts associated �yith the operations of the particular curreney exchange; k
(5) a reasonable profit for a evrrency eschange operation; and in
(6) any other matter the eommissioner deems appropriate. L
334
=:� :
ES
fhe
red
9&9, i
$IOR
r or �
•law
I
ency I
i
ewal
ee of �
nt to
;nder
�nder,
:nsee
�e for
�rrency
ter Dr
i
ashing '
ing the i
d be in :
"�0 shall '
i0 days
ipprove
-cnining
eration:
izations
ng prior
here the
ees, ap�
CURREhCY EXCHANGES §53A.081
The crommissioner shall set a separate rate, consisf.ent a the above standards, for checks
issued by a gocernment entity in an amoant up to $500 to be cashed by a eurrency e.schange.
Laws 1989, e 21i, § 7.
Historical and Statutory Notes
1939 Legis2ation with this chapf.er by October I,1989. \io etu7ency
Lams 7939, c, 2�7, § 16, pro�5des tt�at this sec- exehange shail aperate without a ficense after D�
tion is effective August 1, 1989. Existing currency cember 31, 1939,
ecchanges must submit appIIcations in compliance
53A08. Bond
Before a]icense may be issued to a currency exchange , the applicant shall file annually
with and have approved by the commissioner a surety bond, issued by a bonding company
authori2ed to do business in this state in the prineipa] arnount of $10,000. The bond must run
to the commissioner and is for the benefit of creditors of the currency exchange for liability
incurred by the currency exchange on money orders issued or sold by the curreney ecchange,
for liability incurred by the curreney exehange for sums due to a payee or endorsee of a
check, draft, or money order left with the currency exehange for collection, and for liability
incurred by the currency exchange in connection with providing currency exchange services.
The commissioner may require a licensee to file a bond in an additional amount if the
commissioner considers it necessary to meet the requirements of this section. In deternuning
the additional amount of the bond which may be required, fhe eommissioner may require the
liceasee to file its financial recrords, including all bank statements, pertaining to the saie of
money orders for the preceding 12-month period. In no case may the bond be tess than the
initial $10,000 or more than the outstanding liabflities.
Laws 1989, c. 247, § 8. Amended by Laare 1992, a 5�4, § 6.
Historical and Statutory Notes
1989 Legislation
Laws 1939, c. 247, § 16, pro�5des that this sec-
tion is effective August i, 1939. Existing curreney
exchanges must submit applications in compliance
with this chapter by October 1, 1989. No currency
eschange shal] operate without a limrtse after De-
eember 31, 1939.
1992 Legislation
The 1992 amendment renrote this section, which
had read:
"My curreney e�change that engages in the sale
of money orders or travelers' checks shall eomply
with bonding requirements pwsuant to seetion
48.1a1." �
Laws 1982, c. 504, § 9, proY-ides in part that § 6
is effecGce April 24, 1992, and applies W licenses
issued or renewed on or after that date.
53A.082. Mnuai report and incestigations
Subdicision l. .lnnual report. On or before April 30, a licensee shall file an annual
report nith the cromttussioner far the previous calendar year. The report must contain
information that the commissioner may reasonably require concerning, and for the purpose of
examining, the business and operations of each lieensed currency exchange.
Subd. 2. Imestigation. The commissioner may at any time and shall at least once in
each yeaz investigate the currency exchange business of any licensee and of ecer} persan,
parEnership, assoeiation, and corporation engaged in the business of operating a currency
exchange in the manner pro�ided under section 45.02i.
Subd 3. Fees and expenses. The licensee shall pay the rosts of an examination or
investigation in the manner provided under section 6DA03, subdivision 5.
Subd. 4. Classification of data. Financial information on indi�iduals and busine,ses'that
is submitted to the commissioner in the annual report under subdivision I are pricafe data on
individuals or nonpublic data.
Lau�s 199?, c 504, § i. Amended by Lan�s 1996, c 439, art. 1, § 6; Laws 1597, lst Sp., c. 3, § I9.
335
;
�
i
. a`-,:T�,�
§ 53A.081
CURREA'CY EYCHAtiGES ! �-y
Historical and Statutoty Notes
1992 Legislatian
Lans 1992, c. 50.f, § 9, protiides in part that §'r
v effecti� Ap:il 21, 7992, and applies to licenses
i;;ued or rene�red on or afi.er that date.
1996 Legislation
The 1996 aznendment, in subd. 1, required the
report to 6e fited on or before "April 30" nther
than "Mazch i".
1997 Legislation
La«s 1997, lst Sp, c. 3, § 19, added subd. 4,
retating to finalcial information on indi�iduaIs and
businesses su6mitted in the annual report.
�33.09. Poa�ers; limitations; prohibitions
Subdi�ision 1. Deposits; escrow accounts. A cun•eney exchange may not accept money
or curreney for deposit, or aet as bailee or agent for persons, fu�ms, partnerships, associations,
or corporations to hold money or currency in escrow for others for any purpose. Ho�t�ever, a
currency eachange may act as agent for the issuer of money orders ar travelers' cheeks.
Subd. 2. Gambling estabiishments. A currency exchange located on the premises of a
gambling establishment as defined in seetion 256.9831, subdivision 1, may not cash a warrant
that bears a restrictice endorsement under section 256.9831, subdivision 3.
Laws 1989, e. 297, § 9. Amended by Laus I996, c. 465, art. 3, $ 1.
Historicat and Statutory Nofes
19fi9 Legislation 1996 Legistation
Laws 1989, e 247, § 16, pro�ides that this sec- The 199& amendmenf designated easting text as
tion is effectice August 1, 1988. Eaisting curreney subd. 1; and added subd_ 2, relating to gambling
esehanges must submit applicatians in compliance establishments.
aith SMs chapter by October 1, 1958. No currency
exchange shall operate trithout a license atter De-
cember 31, 1959.
53A.I0. Violations
Any person, firm, association, partnership, or corporaUon that violates Laws 1989, chapter
247, shall be guilty of a misdemeanor.
Laws 1939, c. PA7, 4 10.
Historical and Statutory Notes
1959 Legislation
Laws 1989, c. 247, § 16, prmzdes that this sec-
rion is effec6ce August I, 1989. E.dsting cw
exchanges must submit applicauons in compliance
53A11. Books of account; annual report
wzth this chapter hy October 1, 1939. No curcency
ezchange shall operate tsithout a license after De
cember 31, 19E9.
�34,1?
The
and e�
Laics �
1999 �
Lai
tion i-
excf�-�
C�
267�
33�
C
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i
7
i
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i
i
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ut
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li
x
1�
The lieensee shall keep and use in the licensee's business the books, accounts, and records
that will enable the eommissioner to determine }cheYher the licensee is complying �tith the
provisions of Laws 1939, chapter 247, and «ith the rules adopted by the commissioner. A
licensee shall preseike the baoks, accounts, and recotds for at least t�ro years after makin
the final entn�.
La�s's I989, c. Zdi, § 11.
Historieal and Statutory notes
1959 Legislation uith tkus ehapter by OcWber 1,1989. No curri
Laws 1959, c 247, § 16, pro�ides that this see- eschange shail operate �ithout a license aftzr
tion is effectice August i, 1989. Existing currency cember 31,1559.
exchanges must submit applicaUons in compliance
336
�CH.A�`IGES
�dded subd. 4,
ndi�iduals and
epor� ,
accept money '
, associations,
. However, a
elers' checks.
premises of a �
ish a wan•ant
e�isting text as
ng to gambiing
; 1959, chapter
;�J, No currency
iicense afrzr De-
ts, and rewTds ,
ilying �vith tt�e �
nmissioner: A i
s after maldng
�"VEST:liE1VT A�l'D LOAN CO�IPANIES
a`39.22. Rales
The commissioner may adopt zules unger chaptyz. 14 as may be necessary to administ�.
and enforce this ehapter,
Laws 1989, c. 247, § 12.
$istorical and Sta{u;ory Yotes
1959 LegislaGan with this chapter by Oefober 1, 19fi9. No currency
Laws 1989, c. 2di, § 16, pro��des Ghat this see- ea:change shall operate althout a license after De-
tion is effeetive August 1, 1989, Eristing eurreno9 cember 31, 1989.
ezchanges must submit applications in complianre
Administrative Code Referencea
Curreney erchange rates, see Mina Rules
2872.0100,
53A.13. Fee notice; false advertising, penalty
Subdivision 1. Fee nofice. The fees charged by currency eschanges for rendering yny
service authorized by sections 53A.01 to 53A13 must be prominent(y clisplayed on the
premises of the currency exchange in tha fashion required by the commissioner.
ute, or an �tatzment or repre entation is false p�isl��g� or deceptiveor
that omits materiai information.
Subd. 3. Civil liability; penalty, A person who violates any subdivision of this chapter is
liable to the person damaged by the violation for actual damyggs. T(�e court may awat�d
reasonabte attorney fees and costs.
Laws 1989, c. 217, $ 23.
� $istorical and Statutory Itotes
1939 Legislation with this chapter by OcWber i, 7989. No curreney
Laws 1989, a 247, § 1&, provides that this sec- exchange shal7 operyte ayithout a license after De-
tion is efFeeflve AugusE I, 1988. Existing curreney cember 31, 1959.
erchanges must submit applications in compliance
Law lteview and Journal Commentaries
Statutory fee•shifting; New opportunities to en-
hance client results. Arlo H. Vande Vegte, 75
Mim�.74�ia1 Law. 3 (Fall 1990).
53A.I i. Repealed by Laws 1992, c, 504, § 8.
$istorical and Statutory Notes
The repealed secHon, which preempted loeal law Laws 1992, c. 504, § 9, pro�ides in part thyt § 8
requirements to the extent they were ineonsistent 3s egeeti,re Ap� y� 1992, and applies to licenses
with the requirements in c. 53A, was derived from
Laus 1989, e. 217, § 14. �ssued or renecced on or after that date.
Chapter 54
INVESTMENT AND Lp�SN COAIPANIES
i59. No currene! �
ficense after De- � 5eciion
' S429i.
IYVESTMENT CObiPeiD7IES
Annual e�vnination; informatianai re-
ports; cost af examinztion.
337
i
�