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96-1397 Council File # __I� , l 3 1� Ordinance # Green Sheet # � J RESOLUTION CITY OF SAINT PAUL, MINNESOTA c J � Pr�sented By Referred To Committee: Date RESOLVED, that the currency exchange license application by Richard Kriezman and Cary Gellor, dba Check Express Minnesota for the premises located at 1532 West University Avenue #100 in Saint Paul, is recommended for approval. Minnesota Statute section 53A.04 requires the approval or disapproval of the state application by the local governing body. ' This resolution and action taken above are based upon the proceeding before the Administrative Law Judge, the documents and exhibits introduced therein, the testimony offered by and on behalf of the licensee during the Council hearing on November 6, 1996, and the deliberation of the Council in open session. The Council adopts the findings of fact and conclusions of law of the Administrative Law Judge contained in his report. The Report of the ALJ is incorporated in and made part of this resolution. A copy of this resolution, as adopted, shall be sent by first class mail to the Administrative Law Judge and to the license holder. In addition, a copy of this resolution as adopted shall be delivered by the Office of Licensee, Inspections and Environmental Protection to the Minnesota Commissioner of Commerce. � NaYs Absent Requested by Department of: Bostrom � Office of License, Inspections and Meaar � EriviroiLmantal protec ion T un� Guerin � �"- Adopted by Council: Date B�" � Adoption Certified by Council Secretary Form Approved by City Attorney By: IT�, � a �, -.��-a--�-� � a . Y .� � Y' " �t.GC- �-r..e�' Appr�ved by Mayor: Date � 7/ Approved by Mayor for Submission to By: ��L Council By: OFFICE OF LIEP D996: October 30, GREEN SHEET N° 35175 �I�- �3g� OVE.�@Y' 6� 1996 1 EPARTMENT DIRECTOR 3 ITY COUNCIL 2 ITY ATTORNEY ITY CLERK USt be OTl �.'OUT1C11 Agenda by: UDGET DIRECTOR FIN. & MGT. SVC. DIR. YOR (OR ASSISTANT) OTAL # OF SIGNATIIRE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: Approval of recommendation of ALJ and LIEP to renew the currency exchange license held by Check Express Minnesota located at 1532 est University Avenue #100 in Saint Paul. RECOPMtENDATI0N5: APPROVE (A) OR REJECT (R) BRSONAI. 3ERVICS CONTRACTS �ST ANSiV6R T� FOLLOV�INO: PLANNING CONII�tISSION _ CIVIL SERVICE COMMISSION 1. Has the person/firm ever worked under a contract for this department? l'IB COMMITTEE _ BUSINESS REVIEW COUNCIL YES NO STAPP _ 2. Has this person/firm ever been a City employee? DISTRICT COURT _ YES NO 3. Does this person/firm possess a skill not normally possessed by any UPPORTS WHICH COUNCIL 08JECTIVE? Current City employee? YES NO xplain all Y85 aasaera on a aeiparate aIIaet aad attach. INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why) : VANTAGES IF APPROVED: Check Express Minnesota will continue to operate in St. Paul . ISADVANTAGES IF APPROVED: one. ISADVANTAGES IF NOT APPROVED: Check Express Minnesota will not continue operating in St. Paul . OTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED YES NO FUNDING SOURCE ACTIVITY NLTMBER FINANCIAL INFORMATION: (EXPLAIN) ��.�are� 4'?�Te*�rAR�� '�nL�+r U� c � 1 iJ�io .� �'� � �, - � ��l '� 86-2111-10752-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY COUNCIL OF THE CITY OF ST. PAUL - in Re: The Currency Exchange License FINDINGS OF FACT Application of: Check Express Minnesota CONCLUSIONS AND RECOMMENDATION 1532 University Avenue West, #100 St. Paul, MN 55104 The above-entitled matter came on for hearing before Administrative Law Judge George L. Carlson, on October 1, 1996 in the Ramsey County Courthouse. The record closed at the conclusion of the scheduled hearing. Virginia Palmer, Assistant City Attorney, City of St. Paul, 400 City Hall and ; Courthouse, 15 West Kellogg Boulevard, St. Paul, Minnesota 55102, appeared on behalf iof the City of St. Paul. Cary Geller, President of the Applicant appeared on behalf of ; Check Express Minnesota, without benefit of counsel. � This Report is a recommendation, not a final decision. The Gouncil of the City of ! St. Paul will make the final decision after a review of the record which may adopt, reject � or modify the Findings of Fact, Conclusions, and Recommendations contained herein. Pursuant to Saint Paul Legislative Code Section 310.05 (c-1), the final decision of the City Council shall not be made until this Report has been made available to the parties to the proceeding and the applicant has been provided an opportunity to present oral or written arguments alleging error on the part of the of the administrative law judge in the application of the law or the interpretation of the facts and an opportunity to present argument related to any recommended adverse action. The applicant should contact Council of the City of St. Paul, 310 City Hall, St. Paul, MN 55102, to ascertain the procedure for presenting argument. STATEMENT OF ISSUE Should this application for a currency exchange {icense, under Minn. Stat. Chapter 53A, be approved by the Council of the City of St. Paul, after published notice and hearing. Based upon all of the proceedings herein, the Administrative Law Judge makes the following: �� - , ��ir . _ �J l I :i .; i r:.+J ,�.�. •.__...< ..�YP�.!_... �� - � 3�� FINDINGS OF FACT 1. The Notice of Public Hearing in this matter was served by the City of St. Paul on the Applicant on September 23, 1996 by mail. 2. In accordance with Minn. Stat. § 53A.04 and Chapter 381 of the St. Paul Legislative Code, Troy Gilbertson, License Enforcement Auditor, notified interested - persons of the public hearing, scheduled for October 1, 1996 by publication and by letter, on September 24, 1996. 3. The Applicant by Mr. Geller, the Assistant Cify Attorney, Ms. Palmer, and Mr. Ted Koeppl of the City of St. Paul Office of License, Inspections and Environmental Protection appeared at the scheduled pub►ic hearing. No testimony was taken. The hearing was scheduled to begin at 9:45 a.m. After waiting until 9:55 a.m. for possible appearance by members of the public, the undersigned, the Applicant, Ms. Palmer and Mr. Koeppl concurred that there was no need to take testimony or to otherwise proceed with a formal hearing. Ms. Palmer submitted the City's exhibits. It was indicated that no interested persons had contacted the City after the issuance of the Notice of Public Hearing and that the application was in order. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Council of the City of St. Paul and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and the St. Paul Legislative Code, Minn. Stat. §§ 381.02, 310.05, and 310.06. 2. The City of St. Paul has fulfilled all relevant substantive and procedural requirements of law and rule. 3. The City of St. Paul has given proper notice of the hearing in this matter including proper notice in accordance with the requirements set forth in Minn. Stat. Chapter 53A and Chapter 381 of the Legislative Code of the City of St. Paul. 4. The Applicant has fully complied with the application requirements specified by law. 5. No members of the public have opposed the application for licensure. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: � � _ 1 �� RECOMMENDATION IT IS RESPECTFULLY RECOMMENDED: that the Council of the City of St. Paul approve the currency exchange license application of Check Express Minnesota. Dated this 28th day of October, 1996 � • eorge L. arlson Administrative Law Judge NOTICE Pursuant to Minn. Stat. § 53A.04, the Council of the City of Saint Paul is required to forward its approval or disapproval of the license application to the Commissioner of Commerce of the State of Minnesota for the Commissioner's approval or disapproval. If the appfication is denied, the Commissioner shall mail notice of the denial and the reason therefore to the applicant. The applicant upon denial may request a further hearing as provided for Minn. Stat. § 53A.04 (b). � ' �• OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Robert Kessler,Director � � - I � °�'� CITY OF SAINT PAUL Z,lCENSE AND Telephone:612-266-9100 Nornt Colemmi,Mayor INSPEC170NS Facsimile:612-266-9124 350 St. Peter Street Suite 300 Saint Paul,Minnesota 55102 ' � October 4, 1996 � Cary Gellor 6145 Arctic Way Edina, NIN 55436 Re: Application for Currency Exchange License for the premises located at 1532 West University Avenue, Saint Paul, MN 55104. Dear Mr. Gellor, � , 3��,m . � Please take notice that a hearing on the report of the Administrative Law Jud concerning your application for a currency exchange license has been scheduled for• : p.m., November 6, 1996 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with Nancy Anderson, Assistant Secretary to the City Council, at any time during normal business hours. You may also present orai or written argument to the Council at the Hearing. No new evidence will be received or testimony taken at this hearing: The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, � �� Troy Gilbertson, License Enforcement Auditor cc: Virginia Palmer Christine Rozek ��n�� , ��.,,-�.�, �',,,f;�;r Nancy Anderson i: - , � , � OFFICE OF LICENSE,INSPECTIONS AND ENVIRONMENTAL PROTECTION Robert Kessler,Director � � � � �(� 4� � CTI'Y OF SAINT PAUL L.ICENSE AND Telep{:one:612-266-9i(� Nonn Co[ema�i,Mayor INSPECI70NS Facsimile:612-266-9124 350 St. Peter Strert Suite 300 Saint Paul,Minnesout 55102• � October 4, 1996 Richard Krietzman 5520 24th Avenue South Minneapolis, MN 55417 Re: Application for Currency Exchange License for the premises located at 1532 West University Avenue, Saint Paul, NIN 55104. Dear Mr. Krietzman, Please take notice that a hearing on the report of the Administrative Law Judge concerning your application for a currency exchange license has been scheduled for 3:30 p.m., November 6, 1996 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with Nancy Anderson, Assistant Secretary to the City Council, at any time during normal business hours. You may also present oral or written argument to the Council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, l � Troy Gilbertson, License Enforcement Auditor cc: Virginia Palmer Christine Rozek Nancy Anderson � t CITY OF SAINT PAUL � � �" � � � `1 Norm Coleman, Mayor ADMINISTRATIVE LAW HEARING IN THE MATTER OF THE LICENSE APPLICATION OFCHECK EXPRESS MINNESOTA AT1532 UNIVERSITY AVENUE #100 SAINT PAUL, MINNESOTA 55104-0000 CITY'S EXHIBITS Notices: 1. Notice of Hearing letter to license applicants. Attachments include: Notice of Public Hearing Chapter 381, Legislative Code 2. Affidavit of service by mail for license applicanYs letter. 3. Notice of hearing letter to interested persons. 4. Affidavit of service by mail for interested persons. 5. Affidavit of publication, Tuesday, September 24, 1996. tatute: 6. Minn. Stat. ch. 53A (6pp.). OFFICE OF LICENSE,INSPECTIONS AND ENVIRONL(ENTAL PROTECTION Robert Kessler,Director /]� _ ��C'�� v� CITY OF SAINT PAUL LUGVRY'PROFESSIONAL Telephone:6/2-?66-909U Nonn Coleman.A�/ayor BG7LD/NG Facsimile: 612-J66-9U99 Surte 300 6/2-266-9/?a 950 St.Peter Street SaintPaul,�tlrnnesota SS/U�-1�I0 �� September 23, 1996 Cary Geller 6145 Arctic Way Edina, MN 55436 Re: Cunency Exchange License Application Dear: Mr. Geller: The City of Saint Paul Office of License, Inspections and Environmental Protection has received notification from the Minnesota Department of commerce of your cunency exchange license application for Check Express Minnesota at 1532 West University Avenue #100, Saint Paul, Minnesota 55104. Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the local governing body after published notice and hearing. The hearing will be conducted by an administrative law judge on behalf of the Council of the City of Saint Paul. The hearing will be held Tuesday, October 1, 1996 at 9:45 a.m. in the Ramsey County Courthouse, room 42, 15 West Kellog Boulevard, Saint Paul, Minnesota. Your attendance at this hearing is extremely important, especially if any adverse testunony is presented to which you wish to respond. The Saint Paul Legislative Code Section 381.02(c) directs the license applicant to pay a fee to the City covering the costs of administering and processing the currency exchange application. The fee for this application is $317.00 and must be paid within (15) days of the receipt of this letter. The Code further requires the applicant to reimburse the City for its costs in conducting the hearing(s) prescribed by State Law. You may be billed for those costs after the hearing(s). � ��,�.E �� q�� -- ��q '1 For your convenience, a copy of the notice of hearing as well as the City Ordinance Section 381 has been enclosed. If you have any questions, please contact Christine Rozek at 266-9108. Sincerely, ��cr� O Troy Gilbertson, License Enforcement Auditor Enclosure cc: Virginia Palmer, Assistant City Attorney OFF[CE OF LICENSE,I�ISPECTIO�S AND ENVIRONMENTAL PROTECTIO\ Robert Kessler,Director n I� � � �7 �r l CITY OF SAINT PAUL LICENSEAND Telephone:6/2-266-9/00 Norm Colernan,�L/ayor lNSPECTIONS Facsimile:6/2-266-9/?�! 350 St.Peter Street Surte 300 SarntPaul,tilinnesota SSI02 � NOTICE OF PUBLIC HEARING Currency Exchange License Application of Check Express Minnesota 1532 West University Avenue #100 Saint Paul, Minnesota 55104 Office of Administrative Hearings on the behalf of the COUNCIL OF THE CITY OF SAINT PAUL PLEASE TAKE NOTICE that testimony will be taken from interested persons, including those in the community with respect to the application of Check Express Minnesota to operate a currency exchange by license issued under Minn. Stat. §53A.02. Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the governing body, after published notice and hearing, within 60 days after receipt of the application. The hearing will be conducted by an administrative law judge from the Minnesota Office of Administrative Hearings, on behalf of the Council of the City of Saint Paul. His or her report, and recommendation for action, will be forwarded to the Council for its action. Date of Public Hearing:Tuesday October 1, 1996 Time :9:45 a.m. Location of Public Hearing: Ramsey County Courthouse Room 42, Lower Level 15 West Kellog Boulevard St. Paul, Minnesota 55102 If you have any questions, please call Christine Rozek, Office of License, Inspections and Environmental Protection at 266-9108. Chapter 381. Currency Exchanges � �O � I � � +� Sec. 381.01. St�te license required; definition. No person shall engaje in the business of a currency exchange in Saint Paul �t-ithout a license as provided by Minnesota Statutes Chapter 53A. (C.F. No. 94-46, fi 2, 2-2-94) Sec. 381.02. Procedures; hearing; fee. (a)Procedra•es. Upon receipt of a completed application from the commissioner of co�nmerce for either a new license or the renewal of an existing license, the matter shall be referred to the office of license, inspections and environmental protection for initiation of a hearin� as required by state law within the period allowed for the response of the governina body. The hearing shall be for the purpose of taking testimony from interested persons, includin� those in the community in which the applicant is located or is proposing to be located, as required by law, and upon grounds or issues as to wllich notice has been given in accordance with the ree�uireinents of sections 310.05 and 310.06 of the Lejislative Code. The said o$ice shall publish and give notice as required by law. (b)Hearirig. The hearin� shall be held before an independent hearing examiner in conformity with the provisions of sections 310.05 and 310.06 of the Legislative Code, and the rules of the o�ce of administrative hearin�s, to the extent such rules are not in conflict with sections 310.05 and 310.06. (c) Fee; costs. The applicant shall pay, within fifteen (15) days following receipt of the application by the city, a fee covering the costs of administering and processin�the application in an amount to be established in conformity with the procedures in section 310.09(b) of the Lejislative Code. The applicant shall also reimburse the city, within fifteen (15) days follow�ng action by the city council on the application, for its costs in conductina the hearing or hearings prescribed by state law, includina publication costs and the cost of the administrative proceedings and hearing before an independent hearing examiner. (C.F. No. 94-46, � 3, 2-2-94) Sec. 381.03. Grounds for disapprovll, etc. (a) Disapproval. The council may by resolution disapprove an application and, if so, shall state therein its reasons for so doin�. It may adopt in whole or in part the findin�s of fact and conclusions of law of the independent hearing examiner and may amend the same to conform to its decision on the record and the testimony. Notice of the disapproval may be communicated to the commissioner of commerce before the effective date of any such resolution where necessary to avoid a presumption of concurrence. � � .- i3q� (b) Gr•orrrid.s for•disapproval. Disapproval of an application may be based on one (1) or more of the followinJ grounds, in addition to any other ground allowed by law: (1) Violation of any provision of the state currency exchanae law contained in Chapter 53 A. (2) Any one (1) or more ofthe reasons, conditions, or standards for adverse action under section 310.06 of the Legislative Code. (3) Failure of the applicant to pay the city fee and costs prescribed above. (4) (i) The location of a new currency exchange as proposed would cause significant adverse consequences or impacts upon the nei�hborhoods within three hundred (300) feet of the exchange. Such anticipated effect must be shown by clear and convincina evidence. (ii) The existing currency exchanae has caused significant adverse consequences or impacts upon the neiDhborhoods within three hundred (300) feet of the exchange. (S) Failure of the applicant to agree to reasonable conditions upon the operation of the business in accordance with the procedures in section 310.0� and the grounds of � 310.06. Such conditions could include, but are not limited to, hours of operation, off-street parking requirements, bondina in an amount greater than that required by state law, and annual audits at the licensee's expense. (6) The applicant is not of good moral character and repute and/or is unfit to operate such a business. . (7) The applicant is not at least eighteen (18) years of aje. (8) The applicant is not the real party in interest in the application. (9) The location of the business for which a new currency exchan�e license is sought is within one-half mile of an existing currency exchange licensed by the state. (10)) The applicant or its proposed business location does not comply with applicable zoning, buildin�, fire and health codes. (c)Pej•sorrs and corporations. If an applicant is a partnership, the application may be denied if there is a basis for denial as to any partner. If the applicant is a corporation, the application may be denied if there is a basis for denial as to any (i) shareholder holding more than five (5) percent of the outstanding or issued stock of the corporation, or (ii) officer or director of the corporation, or (iii) employee of the enterprise having policy or mana�ement control over the enterprise. � � - � � �►�1 (C.F. No. 94-46, § 4, 2-2-94) Sec. 381.04. Defii�itions. The following words and/or phrases shall have the following meanin� when used in this chapter and in Chapter 310 of the Legislative Code. (a)Applicarrt. The term "applicant" includes persons, partnerships, firms and corporations and all other forms of business ventures. It also includes employees who exercise manabement or policy control over the enterprise, general and limited partners, shareholders of more than five (5) percent of the outstandin� or issued shares of a corporation, and corporate mana�ers, officers and directors. (b)Application. The term "application" includes applications for both new and renewal licenses. (c)License. The term "license" refers to the state currency exchange license provided for in Minnesota Statutes Section 53A.02. (d) Cz�r•r•errcy exchange. The term "currency exchange" is defined in Minnesota Statutes Section 53A.01, subdivision l. Currency exchange means any person, except a bank, trust company, savin�s 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 exchanae does not include a person who provides these services incidental to the person's primary business if the charge for cashing a check or draft does not exceed one dollar ($1.00) or one (1) percent of the value of the check or draft, whichever is greater. (C.F. No. 94-46, � 5, 2-2-94) . OFFICE OF LICENSE.I�ISPECTIONS AND EN�'iRON�tENTAL PROTECTIO` Robert Kessler,Director � / _ � � � �� O CITY OF SAINT PAUL LOWRY PROFESSIONAL Telephone:6/2-266-9090 Norm Coleman,Mayor BUILDING Facsimile: 612-266-9099 -- Suite 300 612-266-911�1 350 St.Peter Street Saint Paul,tilinnesota 55102-1 SIO rr� September 23, 1996 Richard P. Krietzman 5520 24th Avenue South Minneapolis, MN 55417 Re: Cunency Exchange License Application Dear: Mr. Krietzman: The City of Saint Paul Office of License, Inspections and Environmental Protection has received notification from the Minnesota Department of commerce of your currency exchange license application for Check Express Minnesota at 1532 West University Avenue #100, Saint Paul, Minnesota 55104. Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the local governing body after published notice and hearing. The hearing will be conducted by an administrative law judge on behalf of the Council of the City of Saint Paul. The hearing will be held Tuesday, October l, 1996 at 9:45 a.m. in the Ramsey County Courthouse, room 42, 15 West Kellog Boulevard, Saint Paul, Minnesota. Your attendance at this hearing is extremely important, especially if any adverse testimony is presented to which you wish to respond. The Saint Paul Legislative Code Section 381.02(c) directs the license applicant to pay a fee to the City covering the costs of administering and processing the currency exchange application. The fee for this application is $317.00 and must be paid within (15) days of the receipt of this letter. The Code further requires the applicant to reimburse the City for its costs in conducting the hearing(s) prescribed by State Law. You may be billed for those costs after the hearing(s). a� - i �� For your convenience, a copy of the notice of hearing as well as the City Ordinance Section 381 has been enclosed. If you have any questions, please contact Christine Rozek at 266-9108. Sincerely, � � Troy Gilbertson, License Enforcement Auditor Enclosure cc: Virginia Palmer, Assistant City Attorney a�, _ � �q �7 STATE OF MINNESOTA ) ) ss . AFFIDAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY ) Troy Gilbertson, being first duly sworn, deposes and says that on September 23, 1996 he senred the attached Notice of Hearing on the following named people by placing a true and correct copy thereof in envelopes addressed as follows : Cary D. Gellor 6145 Arctic Way Edina, MN 55436 Richard P. Krietzman 5520 24th Avenue South Minneapolis, MN 55417 (which is the last known addresses of said person) and depositing the same, with postage prepaid, in the United States mails at Saint Paul, Minnesota. � �"TROY GILBERTSON Subscribed and sworn to before me thisl23rd day of September, 1996 . � d�.. �� ,�, ta y Pub ic :Ntiv�n�v�nnr ■ "�''�.. LINDA. KAY KOfiAN �±� NOTARY PUBLIC-MINNESOTA .-,�.��.o•- - ` �1Y�U�f.^,Is�icn Ezplr��Jan.31.2000 �:�,�y r�nnnnti•,n,�n.+,. ., ., :,�.,�nnnnnM�x ,�� V � �,�,;�;t �Z a �- � � � `� . STATE OF MINNESOTA ) ) ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY ) Troy Gilbertson, being first duly sworn, deposes and says that on September 24, 1996 he served the attached Notice of Hearing on the following named person by placing a true and correct copy thereof in an envelope addressed as follow: District Planner Donna Drmmond Snelling/Hamline Comm C Merriam Park Comm Cncl 1100 City Hall Annex Ed Bower,CO William Oetting,Pres Saint Paul,MN 55102 1573 Selby Avenue,11311 416 Hershel St Saint Paul,MN 55104 Saint Paul,MN 55104 Snelling Hamline Cm Cnl Shirley Reider,Pres Desnoyer Park Assn Snelling Hamline Com CI 1448 Laurel Avenue Sue Roberts Ed Bower,CO Saint Paul,MN 55104 560 Cromwell 1573 Selby Ave,RM#311 Saint Paul,MN 55114 Saint Paul,MN 55104 Editor Grand GazetteNillager Summit Av Rsdl Preserv Selby Area Com Dev Corp 757 So Snelling Ave LARRY D STARNS,Pres Bob Porter,Exec Dir Saint Paul,MN 55116 1950 Summit Avenue 741 Selby Avenue Saint Paul,MN 55105 Saint Paul,MN 55104 Rep Andrew J Dawkins Minnesota Legislature LEXINGTON HAMLINE CM CL University United 371 State Office Bldg Julian Loscalzo Executive Director Saint Paul,MN 55155 1160 Selby Ave 1600 University Av#4 SAINT PAUL MN 55104 Saint Paul,MN 55104 Midway Chamber of Comm Executive Director MERRIAM PARK LIBRARY 1600 University Av#4 1831 MARSHALL AVE Saint Paul,MN 55104 ST PAUL MN 55104 (which is the last known addresses of said person) and depositing the same, with postage prepaid, in the United States mails at Saint Paul, Minnesota. �� ---� —� TROY GILBERTSON Subscribed and sworn to before me this 24th day of Sep mber, 1995 . • � � '/�� ary Public s � ANTOINETTE PRUDH01�1�E ' NOTARY PUBLIC-MINNE80TA qAMSEY COU NTY • 11y Commisaion Explres Jan.31,2000 Y�MI�MM�hMMf��tMrt�d��w�V�nMIV�Mi x C./ ;�.� � 1 G`��u► � � _ � 3� � ��. ., ... .._.---�� Samuel E. Lewis, Jr., being duly sworn,� on oath says that he is the publisher of the ne�vspaper known as the St. Paul Legal Ledger and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all the�requirements constituting as a qualified legal newspaper, as provided by Minnesota Statute 331A.02;331A.07, and other applicable laws, as amended. (B) The printed notice of public hearing which is attached was cut from the columns of said newspaper and was printed and published once; it was published on Tuesday, the 24th day of September, 1996; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice: abc d efghi j kl mn op qrs tuv wxy z -- -- � NOTICE OF PUBLIC HEARING Currency Ezchange License Applicatioa of Check Eapress Minaesota 1532 West Uaiversity Aveauc x100 Saint Paul,Minnesota 55104 Office of Administrative Hearings oa the behalf of the COUNCIL OF THE CITY OF SAINT PAUL ;ASE TAKE NOTICE that testimony will be taken ftom interested persons, iuding those in the community with respect [o the application of �ck Express Minnesota to operate a currency exchange by license issued ier Minn. Stat. 553A.02. n.Stat.553A.04 requires the approval or disapproval of the state applica[ion he governing body,after published notice and hearing,within 60 days after ;ipt of the application. � hearing will be conducted by an administrative law judge from the nesota Office of Administrative Hearings, on behalf of the Council of the t of Saint Paul. His or her report, and recommendation for action, will be varded to the Council for its action. Date of Public Hearing: Tuesday October 1, 1996 Time: s:45 a.m. -n to before me this 24th day of September, 1996 Locatioa of Public Heariag: - Ramsey County Courthouse Room 42, Lower Level 15 West Kellogg Boulevard St. Paul, Minnesota 55102 ou have any questions, please call Christine Rozek, Office of License, � �ections and Environmental Protection at 266-9108. (September 24, 1996) � ,, ., BARBARA A.ST.MARTIN � ��:, �;OTARY PUBUC-MINP;ESOTA `•:��`•t�:' DAKOTA COUNTY � My Comm.Expires Jan.31,2000 ■ s Rate Information ' (1)Lowest classified rate paid by commercial users for comparable space is$N/A. (2) Maximum rate allowed by law for the above publica[ion is$44.34. �Rl R�te�crt�allv char�ed for the abnve rnihlic�tinn i�QRR r,F �f��,f�S . : -.;:�_ _.:_ . �F::� .i��:f�:;.: _'�:�:'"'��`.. �7.. � - � s.�•. ... �Y='ri• .a' ;.:'��ajr;�-_ _,'=�_^�;^;�:' �^�3`.;s�,�:�_"�; .�.��,9y. C� ) ' �T s�` +`.�i y�`,'�y�`�l�i,'^`��ry+"' t-.�;�Y� �_. . ,i:`. CZ'E.`;C:iA.�GES ti.`�,��t;�;'�!.=;�-;�_ 5_.aAl CL'RRE\ �- -'�,�„�`��i`��'��.�:�� ' �.S `'��^'��a CH�PTE �j�. .1ti�.;Y r��=z:=�z�.�==.:<. R �3.�. �� >:�?�-j�'',�.F�;�,��:'�,�::...�,:��,;: �(� ' �^=x�"��.. �t�*t'�. .. -- �-'��`��`r�-="� CURRE\CX E:�CH:�\GES �.=-�°��.�;`�=��:�,xy.;. ;Q,-��'��`;�:=��-r.�: � �.—_ s�c.5. '�.=r�zV�:., >��:�,�•-iit� �:.+� ;-� .y�,�'.�.-�-�i-�, ::A.01 D:fia:ticr.s. 5:.4.0] �� c Cr,s. j-3c.,,.,^;ti_:�;� Fi:ir.E o..c:s;c�:rscr,aS: ;� c�'��-e:;�c,'�..`-^�::T. S:A.G? Licr..x. c:4.G8 Scr.d. s: -, ��.s;: �-'��`="�s�;�r 53.4.G3 A;li.z;ien c: -x• • �_. .. . . �, - f .`r.s. 5:.�.GS1 . ....:a1 .;crt nd ia�cs;:F_� 7• -..-4c.?'`�-^�`^""' J.4.�� .4�� OvE�Of CC..i:�2� t: . � •t0.^.S. .Ff��`"='� ,>=—�,�, •5; �? , ..a.L•9 Pc4::s;ii-�:z:�cr.s:p:o`iSi::e-s. •�;.=' i%T,�,;�_';', :;p.:cz:;on. S:A.10 �'ic•:z::cr.s. ",e —�=�"��,`7��';,�_,�-�r<i: S:A.GS C.*,ar.E:of r.ar..:.� -.:s`i,^,cr c.A.l l 5x.s ef ar.crn• .,nezi:c�e�. .k^y`` _ `''��'^�`' � .; '�' lo:z;icn. c �=: .'3A.G6 :a.l R::s. ' ,+�.•�,'- `:v'�'�`t,f�- Fiae.scs�cns;ca.�. .:.e:t:;en ef c ..• .... - :�.; _=,,,�,��.,: :.4.13 -�.. , . - �,.;: :, �, licr..se. F:: `.: .se arvcn's•r.g; � �_y^`"e�;.<`��w�74: p"xi: .=i° .:''�"��_°' �3.�.01 DEF \ ��- -��:.-�, I.�TO\S. ;:�:;'��'_:=�=��:� , _ _��r`--=,-.-�,�>; Subdi�';sion 1.C�rrenc}•exchange."Cur,enc}•exchange�1'122T15 21y pzrson,except T:�-:_=__ =:Y-�-. x:..:. �"" � a bank trust cor:_a-:v s-,� � �� . _,��.ti;� r,-...;.• , ., � ir.,s bank, savings and loan asseciat�on, c;e�it ur.icn, or �"'- "' ' 9��'�� 1DdLSin2� �02i] c;?� :'j;�I C07ri,-iV, e;�_24ed 1;1 t172 �US1.^.ZSS Of Ce5�l1AQ C}:2C�:5, U�rc{1S� � ^ti•-.::�i'?-`-A? yy_: sJ � �s+'��r��:,^T-2��: no�ey OiG�2f5, Or i'c�'2�2iS' C}:eC'�5 ;or a fee. `Currzncy exchc�i£C� Gi02S nOI ]AC�L�C 2 � �':�:r�:��" pe;so� Who p;o��:c:s t'r.ese sen�ices incident::I SO i;�Z P2i50A's p;;rn�n•busir.ess if the _� ..,,,>, �:. �- �' �j;. c��ret for cashine a c;;eck or d;z1t does net exceed Sl or or.e pe;cer,t of the ��alue of � ��g� �. �=x:��-• �'` �` the check or draft, �;:che�•er is g;ea;er. � i; ' .. ��,�.,�� ,��,�:; Subd. 2. Con;,.:_sioner. "Cer;,missio;:er� :7;22�5 ihe co:;.r:;ss:o�er ef comT,e;ce. �= .�,o.,..�-., '�'°��': Histon•: 1989 c ';i s 1 ��, _ "�'.� . - {'';�;�_ :3.�.02 LICE\SE. > �;;,a'`�"'�.^". Subdi••;sion ].Requirement..�pe,-se�Ta�•r.ot er,�2f2 I�i;12�JUSiness efa cu,�ency .�.Y_F.�'f''�-a•.�. • . ��_, 2\�}:ar,ge u:l;�011i ��l OtJl'c1;7i�E 2 �?C':;,52 irJT:11�?C CQ„if77:�S10r.er. �ot mo:e th2n one .� . p?�ce of bus:r,ess -zv be ope;zted Ln��r t!^e s�:�,z lice�se,bLt ihe co:;:r,.issio:,er may _� � . %s:�: . _� ,� ,. ,.,�; 1SSL`2 T�Oi C i}ieA O,'.'.!:cense to the s2�:.0�:C2P.5.°t ti�70�CO:;lr�:ci�C2�\'lh2 2}�}7�1C2�t«'lI�] - -�'-'�� '�'. all t;�e p;o��isions o;,�is charter for each ne�»license issued. 4��^,' ed ur.der�h;s c;�a Q- � -��" �; Subd. ?.Dist:nce limitaaon.\o license ma�•be issued cr re;:e•��• p- �; h- —�+'x''=:; -� �� •a�� ter if the place of bLS;aess to be ope;zted ur.der ihe licer,se is located or pi0}7052� 10 �y�� - -t> be loc�ted a�ithin c-.-half ni!e of aaot�er ]icensed cur;enc�• exchzr.ge. The disunce �.�=' � Iir„it2tio� i:nposed 'c�•this subdi�•ision is r„e2sL;ed by a stra:E�:�t line f:o� the clesest � ��: �"�'= poia;s of t'�e closest s:nctures i,�•o1�•ed. � � �'��'�-�-'� Subd. 3. Prohibirion.A licensee r,:z�•not cont:act��•i:h z;:ot!:er perso�or business �a j -� � : entity to mznzge t::; cur;ency excha,-.:e business. This s�bdi�•ision does not p;ohibit �,� 'ti;• the licensee f;om f,.-:;lo��ir.g persens to op�rate a currency exchzr.ee facility. - ,� Fiistor.�: 1989 c_=i s 2; 1992 c SG�s 2 �; _ ��"`;�_ _�� 53A.03 :�PPLIC.�TIO\ FOR LICE�SE; FEES. �AE�ii�li�� Sf,� l�t'�}�� y y` �2� An applicz:;o� for a license m�.:st be ia a�ritine, U;1�2f C2t�1, an� in the form � J.��--yv�; prescribed znd fu,-,,:s5ed by the co;,missioner and must con�zi� the follo��ing: :� x (1) the full na;,:;�nd add;ess(both of resider.ce�nd place of bLSiness)of the�ppli- _�� car.t, and if the 2pp;icznt is a partne;ship or association, of every member, and the ,. � name and business z�d;ess if the applicant is a corporation; • � �.:� (2) the county znd mu�icipality, w�i�h street and number, if zny, of all cu;,ency -��'�-,�. - _�� exchange locations eperated by the zpplicant; and y �-� (3) the applica;,t's occupztion or p;ofession,for the ten}�ezrs immediately preced- • -�=. T� ing the application; p;esent or pre�•ious connection w•ith any other currency exchznge �" ��•. in this or any other st2,e;w•hether the�pplicant has e�•er been convicted of any crime; _� and the natu;e of t}:e zpplicant's occupzncy of the premises to be )icensed; and if the applicant is a pannership or a corporation,t;;e information specified in this paragraph must be supplied for cach panner and ezch o�icer and director of the corporation. ]f (�y��3�r� _- _ _ _ _ _ . ___ ' _' _ a:.v::.e�a� - �,c�G��.�-�Sr=c�:vf.sr::..+hcv?��s.-�-�r�+:�:M:r;'�^ :_ _ _ � . '_�-" .��.`�-�.��_v'' `1• "ti y. ...` �.`�:a#'=.:- _ "' '"",�..��`�3.'r��.'�:�._. �—�.-.i7!=�.,-'r`.�.'�1�'. 1:�9 �. '�� ''�`�r- �d``_�:.:.:.. CL'FFE�C1'EXCH.��CES 53.4.05 �� .��`'�`.-L?"}�:- r. .� ��--..=i .1? � L'.Y::K"`� the apr!:car.t is a part,ership or a r,o-�public;y held c:--��;a:ion,the inforr•:a:ien � ��~�� r=-_;..,� fied ia t`�:s r��ra h -, . . speci- �� ; �'��;�"'��' p2 p _ _ •, ��. _-: ,:.ust be requ;;ed of each pz,-�..:. aad each o,Scer, director,and ( �"�`'�`�'"�' SiOC}:}70�G'"-S 0'�'i,1P.g in excess of te� pe;cer.t of the c:-C•i c;e stock of t;�e co�or�tioa. � 10/ k ��'�`'�"`' F'. ��'°��h_�_`- (b) T`e a�plicat;on sh21] be accor,:panied by a -_-.efundab?e fee ef S?� �'' ��-j 0 for the `"�'-�- re�•iew of t�:e initial a�, ; * � }.-:«==.�_�.-: rrlicat o�. Lpon app;ov�l b�• :.:_ c ;� ' �;` _, =�7�;..,_� licer.se f e ef S:0 must t�e a;d b the z• °'�� s:oner, �� add;�ional - �'"`--:�'�� P )' ?Plicart�s�a a--;L: < < %= ��A,� _llicen_z,eeiorthe;z,;,zin- �_ ��'�K'�� der of t}e c�)2^d2r��e2r..��;;;,+„a1, Jj�Z,se fe�Of S�l :: �;:Z �Of 2eC,'l SL`,�,52�UCi:t�2]zn_ dar .�ear o;op,ratien Lpea subr�issioa of a license ;--ew�- e=: '�J--:n.;�� December 1. Fees r,;us , •� �1 �pplicatiol on or bc;ore �- ��.ti;; t �'z �2�7�S�i2t� 1:l i5Z Sicte ii.'ci'_-: �nd credited i01iJC £CL2rc� 4` {��, �',��: fund. L-po� p2�:nent cf the rectired 'c':;;L'c� J1C21;SC ::', �L�2 COfi7�j5S10::2I'S}IdII 155LC �• � � Yyi%`, a license fer the �•ear be�i;,nir.;Jznuz;y ), (c) T;:;ce;,,missio^er s�all;equi;e the� licar.;:, st=,--, ;- :��`� • PP ,,,:.it to a backg;ound i:ti•es- . ''� t;gation co;c�LCted b}�tb:bure�u ofc;;ninal zppre;;�-;:.�� s a conditioa o{licensure. �� a f �� .4s pa;-t oft';e backerou;:d ia�•es;;Ea110i7�li�C�JUiC2U Qi�',^•j;;��aY;2he;.S)0:!S�]2��COII- + G�LCt CT7:'�?;ie�}ii51011'C}?;C�S Oi�iiA77250i3 r�C0id5 2i:�:$ � ' �� i zu�,:onzed to excha;:ge fi;,ger- ° prints w;,� tne Feder�l Bu,;�u of Tr,.•estigation :c, ,':e purpcse of a crin;nal �"^ b�cke�oL�� ch,ck of ihe ;:ztion�l fi1es. The cost of t=.: �:��e� �-� =�:�� ti��,ion nust be p�id by the app;ica-t. • � .� �� (�) Fer pur;�oses of t;�is sec,ion ��, �•�=_ �sx , rplicant' inc,__;s 2� e;�p�o}•ee µho exercises '=-�-_ iTleneEene�t er pol!CV CO�iiO�0�'.'r the conpary,g�7;;�;•�r;e�01i�er,2�j7�'ji;zd orgen- ` C;e�Fei�.^.2f,2 T'i2��2f,Of 2 Si�::,-e'.;older ho1�i;:�mo;z;'_�i;7 r2fCcP.I Of i;:Z OL'i5I2^d- � .-`---.'}r� i;,g stock oi t'�e ce�pora::on. Y' His;or.�: 19�9c3;is3; ISS?c:04s3 - '�� 3.�.Od .�PPROti'AI,OR DE\L�I,OF.�\.�.ppLIC.�TIO\. � (�) \�'it^ia :0 da��s z;:er �';e receipt of a com�le:; --.,�; � - '� r :r..ca;ion, ,!�e cor,;,;;issio�er < t� shzil �e;,y t':z a-,;liczt:e� er s��.. � • '�� rY � �.l ii;: errj7Celi0i� 10:': £O�'2f�IP.g bod�•ef�he lecal � "� L^:I Of£O�'2::�P.i.�j j7 �t'};;�}1 iG2 cr}71JCe7I 15�OCc;2tj pi:5 �;orosir.e to be)ocated.The �� '� CO.'T1.T.15S70':;t Ti7c\'n0I 2;:j,i0�'t i.i.'2j)��ica;ien w;tho�,::::CO;)CLTTe;:ce oft�e go��en- �. fr yR i,^.g boc�y. i;e gc��enis:g �o��• s.`,z?1 £i��e publ;shed no::;: ei i;s intention to consider "'� t;]2 755L'2 2'•� S�'ici� SOi:Cii i.'Si1,T,0�V ii0;i'1 1�iCi2S:2d "-' S c � comr,:i�it��ia w;:ich t!:e�;;plica;:t is loc�ted or is propc�:-,to be leca e�dgli the go�er,.e � � ir.g bo��• has r.et a �p - 1� p�ro�•ed or c�isa• ro��ed the issue �:�::=;� 60 da.s of rece;pt ef t►ae - -=� applic<<ioa,co;cer;ence is p;escr;,ed. T;�e commissior.e:-L�t�ppro�•e or e�iszpp;o��e t- '�� the �pplicat;e� ��ithin :0 e�a��s fren receivi;:g t�e decis:c, oi lhe go�•erni,^.g body.The i' ''� go�•enin¢ body�saail ha��e the so'e resYons;b;lity for i;s c:cision. T;;e stz�e sh �1 h ' `-�` ' no respo;,si�+ili;��for thzt �;cisio�. `• �`•e � ,. ": �:: (b) lf t}e�pplirt�on ;s der.i;d, the comn;scioner s-a:1 ser. • I' '� d b}•nail no;:ce oft;�e •"•� C�+f+�12� 2+d ;te rezson i0f iiiC d2ii7e� l0 1�i2 e i7Cc1]t ei :::� � c j P� ddre_5 conl2i;,ed in i�;t ,- �j-'}7�:C2i10;7. jf c;7 e}7}7�ICeilOA 15�:.^,:Zd� itG 2pF7�IC2i1I 1Te':,•.'+'li}llil �0 da��s of rece;��r.g the no,ice ofz�eniz)�f2G+,UZSI a co�testzd case hezring pL'-c;;-^ ` . �� „t to cha;�ter 1�;p;o�•��ed " �� that if the d.;:i�l ;s bzsed e�c•a the re;LS�I of tbe go�•ern;-_�o�y to co;,ci:r the¢o��crn. rf -� ing body must z:;ord the �pplicz;:t a hz�;;n¢, The 2pp�;��;1 �b2�� ha�•e no rie};t to the `' hearing p;c�•ided for in this sectio� if t�e de;,;�l is bas�3 � ., �,�' refusal to ceactr but shzll ha��e a hear,';:¢ before the gc•:;��o� the go�•erni, g bod`'s - ,�•` , i, g body. ':= _: c) This section applies to initi�l applic�tions a�d ;;;:eu•a] applications. �' �, (d) The stz;e sball ha��2 ;,o responsibility ;or the �ct:cz of the go�•erning body. �� - k-. .'s Histor,•: 1959 c�9i s;; 199?c SO-1 s 4 w- -� .• � . � 53A.OS CH.�.\GE OF\A�IE, 01ti:\LRCHIP, OR LOCATIO\'. � �� Y Subdi�•isioa I.\ame or location.Ifa licensee proposes to char.ge the name or loca. � tion of any or all of its currency ezchanees, the licensee shall file an application tor �� 2pproval of the change u�ith the commissione'r. The corr:�issioner shall noi a � a change of]ocztion if the requirements of sectioas 53A.G3,subdivision 2,and 53A 04 ha�•e not bzen satisfied. If the ch2nge is appro�•ed by the cornmissioner, the commis- � �� ..: - : �.- ; .--, ;�,.�� ::. ,�.. �r��t: `,,�:�"�_='�.i _'::.k'�.'.�+.``r,�:..'�''�`:'�:--f ^ �.1 _�-r�►�_=. ,=''�--�. . . ( , ( �� :��-�,:�,�=:�_-�� - �/� � �w ='ti'� �AV - I��.'J �_��-��,�=-'.�_ _:_": 53.�.05 CL'RRE�C1'E\C�:.�'GES j _ :ia�� CF`r"�� ' �t. �t�i, + �1,. .c;;- �,,w .�._,-.;�_;_=.: sioner s5a11 issue a� z-:�ded license in the licensez's ne�v r.ame cr location.A 5�0;ee : '- r �-.��'�'�- :��r. � ==: � �:=��:,t�.:'^=;��. must bz paid for t;:: .-ended license. .�`��;::•=.;..�;., . �• _.x•�: . ._ -,� _�r;=�;�:,,�j;.��; Subd. ?. Ow•ne;s":�.The licensee shzll notify the cor�n:ssie;:er 30 busin�ss da��s = �<'`_��`�� in ad�•znce ef any c=_-;e ia owr,ership of ihe cur,ency exchzr.�z. The commiss:oner . =�•`��:`:y'-:=��==�=Y�:� may re�•oke i};C CL`7-:'�)' C?iC}iance licen�e if the ne��• ow�nershi� ��'oL?d ha�•e resulted �-:.�;`,;.---:�:*:�;-:: . . = -�.,-:��=-,i_.:: in a deni�] cf the i-:::zl l;cense cn�zr the pro�'isions of chapttr �3.�. . =`-;'�';;``}-#�_': � ��:;�� Histon�: 1989 c _=7 s �; 199?c 504 s 5 .. ..3�t=:��:^-r;`; . ' _S,T_ "'t� •c�`•c''+ a .y_ ��..��'ty,`-:�Y a,�:.: _ �t-�• ;;=;-::��-; �3.�.06 FI�E, St�'rE�SIO�, OR RE�'OC.4TI0\ OF LICE�SE. 'u'�;:��<.. ;-=..��:�- Y`i-_,. �-��.:.G_..• . . -1*�:-- �,�:��w- (a) The cenm:s:::�er na)'s�,:sper.d or re�'oke 2ny lice,se e.^.der section 45.027 ii {�:�K^e: yj�� . . .�`��-;�r��,�� the conn:ss:oner ,`.•-::s �`:at: f-�'=-�°r�;=�<-'*-=.:�° �, � :� �, �, v the annLal license;ee or to;:�aintzi�in e�'ect the �-�,r'_�'_-<�-:�=--- (1) t:.e l;'cen_ee:c_ .�i.°d to pa, - :;f-..�,•-s:� •�_'=`�='�t.`�� reouired bo:,d or to :.-�ply �ti�i�� any order, cecision, or findir.g of the commissioner zL=�.'�'��Y=:�= '�` -:�-��;=�=�i_ under La��s 1 SS9, c:._,:er ?47; `�v;.;^Y � - _�-=i'�-R:_� � ,_ � ' `�r�.��;; �� i}:Z�it�i.52.°, CI cII)�o,�,cer er d:,ector ef a corperte licen.ee,}125�'IO�zted any ._��?�:,.�.{. -�-��-•--=;;m�;:��= pro��isio� cf Lav�s 1;:�, chap:er '�7, or any n!le or order ef t,`,� comrnissioner ur,dzr - �.r•_::::".��-��;=:. - _- = �:.�`y��y�; this c��,�zr or cha; .. .�; '+�r-'=��_=:��•:>.-=�.��. (:) the license:,Ci ary o�icer or di;ector of a corpora�t�iC2A52Z,h::S�'10�2�Cd "c:'1)' � .��`v.,p�r=�S#.. �=��'~�:�� other la�v «��:ich ��e�_:d i�dica:e t`�at i}1C �2i50f1 IS Lntrl:5iw'OTi�'iy or not qualified to �.z...;=�'- �;>-s�<y..�=_- operate a cL,;:ncy :�::'s:a::�e; or ��'� � 2��'�2Ct Or i�':C�1i:01 fX75�5�>'}::Cil, )f ll }�ca C\JSltd 2t 1i:2 time ef the ori�:r.al ��-�.x�.--c.,"��:_;. �-) �=`7�"�--x''.,u��',�,' Of T2^2�i'c�2ry�:C2i:C':Cf li2):C2A5�,�L'OL'�d}l�\'Z t1'2i72�i.'d l�C CC;.i:T1;S570;,2i T2fL'Sl;,� .=��.�+. . . -�."z?;��yY�� 1}]G lSSllc;?C2 Of i};2 i::-"S2. ,. ' ^ �-�1�-r (`�) .�license r-=•�-ot be re��e�ed until the licensez has had.�etice of a hearine pu;- ��,,<��..�,�: -. �,--„ �- su�nt to trz pro��is:c-s of c,..:�.er 1-�. :�r� ��;,y: i^�`.-=��_ �C� .�i:CEii522:�:c�'S�+i2:1�2r 2�,}'�!t2:15�b)'G�2�i�'Ci)'lO 1i;2 CO1"1T7:1S570;1ef.The st.'r- ��d'.�. � . . ��.:{-�-_ rene�er Coes^ot ar.:c;':-e l:censee s ci�•il or c��:�in�]liabilii�•for ac;s cor,:mitted befe:e �� the su�e;,der, or z=:.t the liabil::y ea che bond required by i`:is act, or entiile the �``=-�" �= lice,see to a ;etu;-n cf an}� part of�r.y licensz iee. �, . ��: , . {h -+� : �C� BZ�CiZ SL'5,::.St0:1 Or f2�'OC'ct:oa ef the licease, 1}�C CQ�"ITi155:Oner ma�•fine a �� .,-j �-. �= ]icensee fer ��iolauc-s ef La��s l SS9, chapter ?�7, 2s authorized ur.der chapter 4�. :�� < � Histon�: 1959 c:'7 s 6 ��- 3 . .Y��-y--,: z.. �LL�. ° =�� _3.4.07 FILI\G OF FEES; L�'R.EASO\ABLE FEES. � - Subdi��;sion l..�ppro��al of fees.Fees charged at each locatioa for check cashing ser- ��= .•ices nust be filzd •�::i z;,d appro��ed by the commissioner. _ ��, =-��'�' Subd. Z. .�menc,^..ent of fees. .� lice,,see ma}• amend its fees at any time by filing : ��:' the proposed ame-e-:enu ��ith the commissioner. The Zpp?icalioa for anendment � � - �� s;�211 be in��ritine.��::�.r oath, and in the for;n prescribed by the com;nissior,er.A fee '�'"� .�"�-'., of S:0 shall acco;r,;a-.y the zp�l;cation. T}:e commiss,o;,er sha!1 appro��e or deay the .,- �"s: applicztio� 60 da��s z::er the 51ing of a coT,plete application to anend its fees. � �'�' .�.• SLbd. 3. St2nd=*ds; unreasonable fees prohibited. The conmiss;oner may disap- '�- p:oti•e the fees filed�}•a cur;enc�•exchznee if they are not fair 2r.d;easonzble.ln deter- I� mi,ing w�hether a fee is fair znd reasonable, the comrnissioner sha11 take into eonsideratioa: (1) rztes chzrs:d ia the past for c�shing of checks by those pe;sor.s znd organiza- - • tions pro��iding ch:ck cashing services in the state of�linnesota; " � (2) the inco;�,e,cest,and experience of the operations of cur;ency exchanees exist- ' S.�,�' ~ � ing prior to this er.zct;,�ent or in other states under similar cone�itions or regulations; �•-�~'� " (3) the 2mount of risk invol�•ed in the t��pe of check to be cashed and the location , v.•here the currency exchznge operates; � � (4)�the general cost of doing business,insurance costs,security costs,banking fees, '� and other costs associated w•ith the operations of the panicular currency exchange; ; t �ix��T _ , , F :r~�`�;==�-�-�::`--:-- I_51 CL'RRE�C1'EXCHA�'GES 5?A.11 � °'�t��"_.�"�;`; .�`�=.,:�,` ,! �: . z_ . ;, � �-��,�:�.Y;':.-_:: (5) a rez_o,.able p;ofit for a c�„eacy exrh..nge e.:s�t:on• �nd � • ``""��'' ��' ` C '1 1^ '1 1 ._1" ..3.,t" � C, 9C1._.i�Z.:t:'--� � �6� e1V Oit2f i772llff l�Z CCT77�u1557012f �CCi'15 2y^= �ri7eie. F �"'��v;;--_ =^iz ��' � c � y, �' ^`��4z-i;:`i"``�� The coTmisr.o�2C Su..�� SCt 3 Sf}7::i2iC T�IC, CQ;751_iZi.i '• :�5 l..e abo�•e stand::;d5, fOr � ��.."�,,,.,,_��:.�;;,.. ��'�'r.-`�': chec};s issued by a go�•err.nent znti�y i� an a;,�ount u? :�5�00 to be cashed by a cur- �� ° �`_';-�=�-�.;_:;.-?., rency eYCh�r,se. f� „�,�'-�.;�t�_��-�;: Histon: 1�89 c?-;7 s 7 �� '��$;�;==�`` �3.�.03 BO\D. � �/ f �'�`y�`J'`- - F i � 'y'',;:„��:' B2fOf2 3�;ce,:se m::\�be issued i0 2 CU1'TEP.C\'2XC};e'_ i, e applirnt sh2 ��? 2 2;]nL- �� _� � t t , ��"'��-;:z=. ally�ti�ith zr.d ;:a�•e zppro��ed by the co:�:;,issioner a s�.-:y bcnd, issLed by a bonding ��=s�;;_;;y -;�rx-,�,;- .,.� company authe;ized to do busir.•ess ia this state in th: r;;ncipal a:r.ount of S10,000. '- .�+>:=t��===- �. _��;,:�: The bor.d rr.i:st n:n to t�e co;,�missio;,er znd is for t`:e ::�e`t of credi:c�rs of the cur- -=�:�_- rency exchzr.ge;or liabil;ty incu;,ec�by the cur;ency exc=_-;e en r,oney o;de;s issued - ="_'�� ri..:�;_ or sold ty the cu:-rer.cy exch�n�e, ;or liz�ili�y i;,r.:,—,ed 'c}• the cLr;er,cy exch�nge for "y�'=� suns dLe to a;;a��ee or endo,-see ofa c}:eck,d:s`t,or rno-:��e;�er left��;t;�the currency ��_ _--..:.�-�- elchanee for co:��Ci10;], ��d fe;liability incur,ed by�L;c_„e�cy excha;,ge in conoec- ''�,�=�': �� tion ��it� pro��iding cu;.e;:cy e�c��,^.gz sen•ices. The ce-�m;ssionzr may reeui;e a �„'�� !C2iiS:e to�le a bond in e1 e':r.Cj:1;0i,e�eI7)OUi�t if the ce:--i5SCA2f C0�SIG�2iS?l P.c'C2S- ? ��v� i �°w'+� S�i�'IO T221 l�'iZ ;:CiL'ii2.T.2i?i5 Of 1}iiS Section.Ia dete,:,.i':'�1�1Z 2�d1i1OA21 amount ef �+++�.;� t�e ber.d w•h:ch nay be ;equi:ed, tre commissior,er r,-a�•:e4ui;e the licer.see to 51e its y-�:.'� fi:,zncial reco;C°5�37C�17v)^E 21�t?c;]}:Si2;e,;,ents, }c'fle:'::'Q i0 i}1�Sale of mone�'OfdtiS ��j for the prece�;:g 13-rr.o;,:h per,'od. J� no czse may ;::, '�o;:d be less th�� the initial ��`-r'�` S I O,C�GO er more �h2a the ou;st�::di�;!iabi!i:ies. _ �=:�; Histon�: IS59 c ?9i s 3; J99?c�GT s 6 - �.:�� -�'�__,� b ;;.�.031 .�\\L'.aL REPORT.�\D I\��STIG.�TIO��. `A-�'�� -�_f S�.:b�i��:sie� 1. .4nnusl report.O�er befere �farch 1. a !icensee s`:ail fi;e an an��al '�" r. rzyon ��it`� the con::-,issior,er for the p:e��ious czler.dzr�:ar. Tl:e repo;t nust centain �'"�` =r.:�`x 1i:;0:;.12I10?1 ir3i t�?2 fOiiT�lissiener r;:aV 7ZcS0;]eLJ�}' i:C�;'t CO.^.C2T'IAZ, cP.d ;or the � p�r�+ose of exe:;il:ilP.?.t�;C�LSi.^.255 2:;�O}2f2:1OT75 O{2e�:i�3�2i�5zd CL'ii2AC\'2\��2P.£�. �'�� •�. Su�d. 2. In��es;igarion.T`z conm;ssioner rr.ay�t �-�-tir.;e�r:d shall at ltast once ..,.,�'° l:]f2Ci1�'2cf 1!'i�'2Sii£3iZ iri2 CL'i,2P.C\'fXC;icP.£2 SL'S7J'iC55 Oi a-�•licer.sez ar.d ofe��er}•per- �- ''�=?.� son, p2n;,ers;�:�, cSSOCl3110A, an� co reratioa e.^.gaged i:] i;iZ ��sir.ess of oper2i7i,F�3 � � r.:r;ency e�cha::ce i� the n�nner p;o��ided undzr sect;e� :�.037. �-� S;:bd. 3. Fees ar,d expenses.The licer:see s;�all pay t=�:costs of a� examination or �. :---�"3.�, �, -a in�•esugation i� th� raa;,er p,o��i�ed under section 60.�.03, sut+di��ision �. { '"'�'�� H is;on•: 199?c:G�s 7 � ,=�� : ,. -...,�-. �3.�.09 PO��'ERS; LI�IIT.�TIO�S; PROI-iIBITIO�S. � -r-'',�,.-'�,�'.:� � A currenc��ezc;�an�e r,:ay not accept mor.e}•er cur;�.c}•;or depos;t,or act zs bzi?ee ..-��..-; �-� OI'2£2P.I ;or personS, �i'T:S, pa��ne;s5ips, associatior,s, or ce:�orztions to hold money y`--� -.�-:. or cur,ency in esc;o��`or others for�n}�purrese. He�ti�.��er, a cu;,ency excha;:�e r.:ay « �� 2C2 a5 2£2�t fOC the iss.:er ef money ore+e;s or ua�•ele;s' [;,.°C}:S. � �-�'� �. ' --�4 History: 19b9 c ?T7 s 9 � �u; � .�_ ., . �3.�.10 \ZOLaTIO\S. � + '$� s �. .4ny perso�,firm,associ2tion,pannzrship,or co;po;ztioa that�•iolates Law�s 1939, �' chaptrr 347, sh�ll be geilty of a misde„�eanor. ` Y�'= � ��. Histon�: 19d9 c?47 s 10 �. ' y .�=� 4� =3A.11 BOOI:S OF ACCOL:\T;A\\UAI. REPORT. �� ``�`�= The licensee shall keep and use in the licensee's busi;,ess the books,accounts,and � = records that w�ill enable the commissioner to deternine w•hei;�er the licensee is comply- �; ing w•ith the pro�•isions of I.aw�s 19S9, chapter 247, and w�th the rules adopted by the w � � � � � 'Y��- �': — .-:.-�-5 - -•.�.. �.. �7-`.—��r - .r ;:r.�-;r. -�.:tF;� --��. ":'i��I ��Y�,�� '�`Y;.ti=r� .�f�—'R' l�_.._ �_"'_..� c ' �/� �� .�='t'�y�'v.-`s~:t�'� ::� V I �j"�(� �•�.� ,,,� - v,'+~.. � �}:Y___', :;'� 53A.11 CL'^nRE\�'�`.:C��\CES � 's . .:�+: _ 'i'`C�";� i•., ��SZ �"',--;;^.``- - _�::?�'r�' '�' '=�;``=�;1;:'�'' commissio�er. A ;:ce;�see sh"1 presen•e the books accoun;s, and records for at ]east - �ti,�,- - .�::: , :� ?�?�-��; �T:� t��o }�ea;s after �_:;,:g t`e 5na1 entry. ��f=`�=��;�'�:�� Hist ory• 19��c%=7 s 11 ��x=-.=_.,-�;�,t<-.�,..- . .-�_�:�� ==_�� _�.%�:��s�z;:�,�=� 53.�.12 RLZES. �.,�--�5-�`::�•,-:.�=�.:r:�:�;` . . -} -��.�;'k.__,: The comrn:ss_c-er nay adopt rules under chap�er 14 zs may be r.ecess2ry to �" ��=4°`�:'-'�"�'' zdninis,er znd e-:a;ce this chapter. ,,��:�� -= . � �^= - --_�;�:=-;`�" Histon•: 19�;;c?a7 s Il .K �� - 1< '•�'1'r- +.. %�� _ :'a',�Vti _ ;�,T _:�;�_v �3.�.13 FEE \0 i ICE; F.�E .�,Dti'ERTISI\G; PE\..�LT�'. ``=��''`�=-�'�''}�` Subdi��isio� 1. Fee norice. The fees charged by currency exchanges for re;,dering -=�; �:::=�_;�-=�:- "•��•=:��'-_:;��'�_'�' z�y se�•ice authc::zed by this �ct nust be prominently disp!a��ed on the p;enises of �;`�'__ `-='��A': the cur;e::cy exc=a-_e in the fashio� requi;ed by the con;r.issioner. � _�:_ .�:*::�".:_:. = "'�r:=��.`�`s�;� . Subd. 2. Fa?;e _d�•ercisin .� lice,see ma not ad�•enise rint dis lay � =��.:::==7_'''-�--: �• Y , P , P , PLblisb, � ?`'" �"�=�� d;stribute, Of bfC2:.CcSt e;l)' Sl..teme..t or represent�tio� th2t IS i2�5C, 1I]75�22G'1;£, Of �.s:.. - -.;:��.,. , r r f=�� -=�F�., decepti�•e, or thzt c-::ts mzterial in,`or,�ztion. _ �r>:-:�="�cr:�'c_ ,; �;__��:3��_- Subd. 3.Ci�;l l:=bilit�•;penalh.A p�;son v.�ho ti•iol�trs a;,�•s�bdi.•ision of this chap- ��—��„c".- ter is lizble to the r::son damaged by the�•io1atien tor�cti:al damages.The ceurt m�y _. ^,.�� :t-i,_ 1. v ='""��oi�,��s:�. a�•ard reasona�'Ji2 :.;orr:ey fzes 2Ad COSiS. �=F'�°��. Histon•: 1989 c?;7 s 13 � - <:=--.-,_�,..�� :;L'�:.;.��;_;, '==�=:��,r �3.�.14 (Repea':� 1992 c �04 s S] y.i.� �...,-. �:. �'�._v`--`YC-�i--��,.' . �.L.�'7��. ` ' 'w..:-'c``�� • -•,.r-•�.�;i�'.'�..�. „��q�'.rGr-_`. �i,��•;: +��"t'`'�""�r�. . �y�-y�`�C�� M1��n � �G��v � ��*..K.��''�'�� .�n'-�-��'�'` � ��: .�� _ �-E,'-� .�. :. .�.�l'�.� �xti. ,.q.� .n. `.�y�k. � �� . �«:.�.� ' �''��l I ��5: Y 4 Y .�.��' �� . . - ��i •�� . y r1.�:a+__: �� :�-''��t�� - . . "ti,�'vsc��s��. ` � i.. .:: �� _ _ - ' -� = '...'__ -_ _ _.' _"�.-. �-= _�.��>_�.._>�__:":- :;-:-.: __�;�z i , , ---�--�-------. . . ..�; :_ '-,- :_ :.:��;�•,� �.. :t:c;:�->;. t:.�:. -_'-�-�_� �s�'�. f'��r�i ! :��`�"��;s�.� -- �� I - - �:�"��_�-�'�'`+r�y*; �� 4. v �,t•�+�.��d � �� M1•��r 1 E•9 CL'nRE�C1"EXCH.��GES 5?.{.03 �� . �� r��--...� -�,�� k �•�._�„ `i�^'T3�� R �3:� �...•�"'�..r� Rs^��+. CH.-�PTE . �1;•-��;�.�=�,�:.� � Y�_ ::�,. �� s�-.�.-�->., �_n�� a��.�; CliRRE\CY E� - .��`�`'�� Y � CH�\GES �:...�.��,,f�. ��.�� '�--ti�aa^;'`r'�,�y'p'��r. .t�;�=_±. �. �- ....�:'�.�r�`T�cd:.".�•�'�y�3� . . t�;�.�.,��„c`='�i'sy� �:A.C'3 �r:i:i:i0:r .� .��.�^-^,�� '�-q-";� . or liccr.s^. t:s. �o-.�4"' -�' 1,� .:- _ �,�'�"h�'�.`� ' `"�'�,-'.._��-r�,-.--"�'��.�`��,,-�-� 53.4.03 .�PPLIC.4TI0\ FOR LICE\SE; FEES. . �� .'`-�,�;=%�--� � a An 2, ��- -�,._..��---r� . �plicztion for a licens� ,;,;:st be ia ��riti;.�. �_-cer ezth, znd in the ;'orm y��<:;-�� .�,.``� prescribed 'e^d iL'f^15}'ied �\'i}iC CO'1;,:557Q;72r c;i� 7TiL'$i :C•-�iei;1 li'iC iO��O�t'li� ',"'.'r''�'�'�^��'�� ' ,;,,,,v `K-'�.��=�'19�.� �� IhCiLila�meard'cCC�i255(�pihefreside�:CZcP,�:'_ceef��si�ec��pf;hea}7E7]1- '`��"�'�--zv�j.'?'•� Ce�t, c�d if i}iC 2�7r�1CcP.l ;5 d }'�.2;�^2fSi;j}7 Cf associa�ie-, cf e��e;y r„er„ber, ci]f� ii7e ��'��"�`�"�'� :�-:� _-•,�,��-�.��}�,ML�-�r•a n2me cild �LSiL255 address if i};C crr)iCe;: IS d CO� � • � ' .+ 1 f.0i�:.� ' .l. ;�,'.T..�'-;i ��7�r:{,�'��e.+. 1�-�.:v �2� li7C COLi:iV eAtj iull;7iC1}c�l:�', �t'jq� tl7E2I z�d r.�L"��f, lf 27�'� Of�11 cu;;ency '�''�-��-��-=� exch::P£e �OC2iiG•'�s operated by�,`,e ��r�7C�:11� iild . �4��'"`�. � �� . '_."..��-�� _ ��) the 2ppi;cznt�5 OCCL}^,e110;1 Ci�;Q�25S:Oi1;iQf t}'iC::':�'22;s i:r:,~;,edia;el}•p;eced- ?�� ing the �pp?ic�t;on; p,-zser,t er p:C�':OL'S CO�i:ZCi70� �t'ii� e'�' pi�;r cu„eacy exch?ilfC ' ! �'�� `"'� in this or�ny o;;:er state• ahetner�tz� ��i--, • • . ��`-�'T��"`-�,''- , r;.. «,.t has e�•er;:;� cen��ic;�d of�r.y crine; � '��--�� cP.d the nztu;G Cf i;:G 2pp;icz;,t�5 OCC:^"Cy of�he pre;-:s:s IO �C IIC2ii5;a; 2�a 1f t}iC 'T��,�• � rc.. � �pplicar,t is a pz;�ne;ship or a co t0'eiiQl��he infe;rr.a:7�'cr:C;`ed in t�is p2;�grap'� �� .��`� m::st be sepp?�e� iQf tc'Cil }ei�:i2i c;r� CcCi7 Qi�C2i c;ld �::;;iGT Of i;;2 CG r0ic110�. Jf ��.� Ii�C e}')y')�1Cc;,1:5 2�ci�i:e;sh:�Cr d�0'r i]��iCi`';;2��C07YC•"2::C�,i��C:;]'Oli:,ei107 S}'��CI' _ '�,'��'�'�� 5ed in this �,�c;a-+'� r�ust be reeei:�� ofe::ch - �'�.,,.,�,�„� P'"",. r• �2;�ner a-� :�c'� o`�cer, eirecter, 2;;d �� -.,;��fi„ stockhe;ce;s o'�';;;r.e in excess ofte� Y',;C2;:t ofthe co�o-`:; 5:p�'K C1�'�e ce}o;�;ion. �� (b) The 2'�^'iCi:lOA 5}1c�� .�.� cCCOT,reP.;�d ��' g 70,r,:; '.�c�+i2 �E2 Of S�` L+ T�_� . rr�' '' _0 for t�.e �'��i� re�•ie��' C�f t`�e iP.:U2� StT��jCGi1Oi�. L�rC1 c�r:0\'c� �J�' 1}:e f�--;;;ccio�er, 2i! cG�C�+1:I0i1e� ^�"Y��r�a �:�CTlS2�22 Gf 5��;,,ll5i�Je�7274 u)'i;;t c,�r�7Cc^,I 25 c:l c;:f:::cl:icense fee;'or the iCT2)�- �Y��.��"�• e der of i�C Ce)2ili,cr�e�r..4n 2.^.i:L'�l iicense fee of S:0 is c_::er e2ch SL'�.'SfCLCilt C2�Ci7- � dar ��ear of o�e:�tio� Lpon SL'b:,�;ssiea ef a liceax reae•�_1 2r �� " � � �r�ien ea or befo;e s -� s�,� SepiCi?iber I. Fees ;,:ust be deposi:2d iA i�G SiciC I;CeSU;1'_'� CifC�:�2d 10 ihe generz� �:�'� fund. L'pon pa�;,,eat of the requi;ed 'c;:,'•:!cl license fee, :=: co;;,missioner Sii2�� )SSUC a license for the ��ear beginni;:g?zaLa�� 1. � � (c) The co:Ti,^.'1;557GDef SL'e��ZCL77G iL�C c�p�lCc�i IO SL'.•^..;1 10 3�eC}:£i0U:1d)A\'e$- tigztion conduaed by�he bureau of r,:ni�zl app;ehensie�as a co�di;ioa of licensure. �' .�.s p�;t efthe b�C}:E;OL�d lfi�'CSi:£ei1Q:1,;';e bcreau ofcr'-;-a�e'� t, ••`�""� � � ,.�,-ehension_�zll con- �-.-- d�ct crimin�l h;s:en•checks of'�fi;::,ese:a;eco;�s::ad is z�_:=o;iied to exchange 5neer- � � ��B"x'�' prims �•ith �he Fede;�l Bu;ezu ef Jr.��es;igz;io� ;or ,=e �u:pcse of a crimin�l - �� bzckeround c,`,eck cf�he nation�l �les. T.`.�e cost ef the i:•.:s;: ` .Eation must be pa;d by �� the applic�nt. - � �;r,;_� (d) For pu}e�es efth;s sec:io�, `ar?licant" incluces a� e:;,plo��ee �;So er.ercises ' �,..��_:��''�"`�� mznaee�,,er,t er polic�•control o��er the co;np�;,v;2 d;',-ecter,;:�o�cer a lin:ted or gen- �`°`� 1�:�'`}-� � . . �� ."^—� erzl p2rner,a m�nager,or a sha;eho!�er holdir,g ne;e th�;,::��ercent of ihe oLtstand- ing stock of the co;porztion. <=-> Histor��: 1993 c 359 s I � . ,f �� . . �:�,.-:� • ••f• �►. � wC �3� �� •�7 'S:_,y,�"��r_��; c[tt�� r � ��1y.�"'�`'n�•. ' �'i � �rC �`r:y�..� �.+� �+� ,y[� ��.�� 'T�°�'-y+c., , Iti�i-2�'i't1C-+%��'-y�.-�R'i �'�"��`��r; ;��. _-^�'�"s'�� r � � � � �.-�� `�� +^ �i,:��.�--�e w �..:r •Y.,.�. �,�r_• ,"'�,-�'l ,p.; `-','�.. �,-�>�=�2.,'.^'�:•�� K�:�.��V: ��`;�I�=:��:.: 'Z''��'i�.','�;=i��:�-.�-i _��L��:r. ._s ....-ti__� �';;�oe� STATE OF MINNESOTA �'•S� OFFICE OF ADMINISTRATIVE HEARINGS _ y � � C,��f 100 Washington Square, Suite 1700 C,�� = 100 Washington Avenue South ••�.....�. Minneapolis, Minnesota 55401-2138 Author•s Direct Address: 110 Bank Street SE - No. 905 Minneapolis, NIlV 55414 (612) 331-2791 October 28, 1996 Council of the City of St . Paul 310 City Hall St . Paul, NII�T 55102 Virginia Palmer, Assistant City Attorney, City of St . Paul 400 City Hall and Courthouse 15 west Kellogg Boulevard St . Paul, Minnesota 55102 Check Express Minnesota 1532 University Avenue West, #100 St . Paul, NIl�T 55104 Re: The Currency Exchange License Application of : Check Express Minnesota; OAH Docket No. 86-2111-10752-3 Ladies and Gentlemen: Enclosed herein and served upon you by U.S. Mail, please find the Findings of Fact, Conclusions, and Recommendation in the above matter. Very truly yours, � • G6c,�� .�-��--�. George L. Carlson Administrative Law Judge cc: Troy Gilbertson, License Enforcement Auditor Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section&Administrative Services(612)341-7600 �TDD No. (612)341-7346 � Fax No. (612)349-2665 � . ��_ �� 86-2111-10753-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY COUNCIL OF THE CITY OF ST. PAUL In Re: The Currency Exchange License FINDINGS OF FACT Application of: New Money Express, Inc. CONCLUSIONS AND RECOMMENDATION 785 East Seventh Street St. Paul, MN 55106 The above-entitled matter came on for hearing before Administrative Law Judge George L. Carlson, on October 1, 1996 in the Ramsey County Courthouse. The record closed at the conclusion of the scheduled hearing. Virginia Palmer, Assistant City Attorney, City of St. Paul, 400 City Hall and Courthouse, 15 West Kellogg Boulevard, St. Paul, Minnesota 55102, appeared on behalf of the City of St. Paul. Ms. Alice Gunderson, Manager for the Applicant appeared on behalf of New Money Express, Inc., without benefit of counsel. This Report is a recommendation, not a final decision. The Council of the City of St. Paul will make the final decision after a review of the record which may adopt, reject or modify the Findings of Fact, Conclusions, and Recommendations contained herein. Pursuant to Saint Paul Legislative Code Section 310.05 (c-1), the final decision of the City Council shall not be made until this Report has been made available to the parties to the proceeding and the applicant has been provided an opportunity to present oral or written arguments alleging error on the part of the of the administrative law judge in the application of the law or the interpretation of the facts and an opportunity to present argument related to any recommended adverse action. The applicant should contact Council of the City of St. Paul, 310 City Hall, St. Paul, MN 55102, to ascertain the procedure for presenting argument. STATEMENT OF ISSUE Should this application for a currency exchange license, under Minn. Stat. Chapter 53A, be approved by the Council of the City of St. Paul, after published notice and hearing. Based upon all of the proceedings herein, the Administrative Law Judge makes the following: . - �� - �,��,� FINDINGS OF FACT 1. The Notice of Public Hearing in this matter was served by the City of St. Paul on the Applicant on September 23, 1996 by mail. 2. In accordance with Minn. Stat. § 53A.04 and Chapter 381 of the St. Paul Legislative Code, Troy Gilbertson, License Enforcement Auditor, notified interested persons of the public hearing, scheduled for October 1, 1996 by publication and by letter, on September 24, 1996. 3. The Applicant by Ms. Gunderson, the Assistant City Attorney, Ms. Palmer, and Mr. Ted Koeppl of the City of St. Paul Office of License, Inspections and Environmental Protection appeared at the scheduled public hearing. No testimony was taken. The hearing was scheduled to begin at 9:30 a.m. After waiting until 9:40 a.m. for possible appearance by members of the public, the undersigned, the Applicant, Ms. Palmer and Mr. Koeppl concurred that there was no need to take testimony or to otherwise proceed with a formal hearing. Ms. Palmer submitted the City's exhibits. It was indicated that no interested persons had contacted the City after the issuance of the Notice of Public Hearing and that the application was in order. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Council of the City of St. Paul and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and the St. Paul Legislative Code, Minn. Stat. §§ 381.02, 310.05, and 310.06. 2. The City of St. Paul has fulfilled all relevant substantive and procedural requirements of law and rule. 3. The City of St. Paul has given proper notice of the hearing in this matter including proper notice in accordance with the requirements set forth in Minn. Stat. Chapter 53A and Chapter 381 of the Legislative Code of the City of St. Paul. 4. The Applicant has fully complied with the application requirements specified by law. 5. No members of the public have opposed the application for licensure. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: ��-- ��? RECOMMENDATION IT IS RESPECTFULLY RECOMMENDED: that the Council of the City of St. Paul approve the currency exchange license application of New Money Express, Inc. Dated this 28th day of October, 1996 � • eorge L. arlson Administrative Law Judge NOTICE Pursuant to Minn. Stat. § 53A.04, the Council of the City of Saint Paul is required to forward its approval or disapproval of the license application to the Commissioner of Commerce of the State of Minnesota for the Commissioner's approval or disapproval. If the application is denied, the Commissioner shall mail notice of the denial and the reason therefore to the applicant. The applicant upon denial may request a further hearing as provided for Minn. Stat. § 53A.04 (b). � STATE OF MINNESOTA '��uoo� OFFICE OF ADMINISTRATIVE HEARINGS C- . r ,-�C�+� 100 Washington Square, Suite 1700 ��, � � _ 100 Washington Avenue South ..+. .�. Minneapolis, Minnesota 55401-2138 October30, 1996 Fred Owusu City Clerk 170 City Hall 15 W. Kellogg Blvd. St. Paul, MN 55102 Re: In the Matter of the Currency Exchange License Application of Check Express Minnesota; OAH Docket No. 86-2111-10752-3 Dear Mr. Owusu: On October 28 1996, Administrative Law Judge Carlson served the Findings of Fact, Conclusions and Recommendation in the above-entitled matter. Enclosed is the ofFcial record, with the exception of the tape recording of the hearing. If you would like a copy of those tapes, please contact our office in writing or telephone 341-7615. Our file in this matter is now being closed. Very truly yours, �< <�� Nancy M. Thomas Docket Clerk Telephone: 612/341-7615 NT Enc. Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section &Administrative Services(612)341-7600 •TDD No. (612)341-7346 � Fax No. (612)349-2665 AFFIDAVIT OF SERVICE BY U.S. MAIL `l � ✓ �� In Re: The Currency Exchange License Application of: Check Express Minnesota. STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) George L. Carlson, being first duly sworn, hereby deposes and says that on the 28th day of October 1996, at the City of Minneapolis, county and state aforementioned, he served the attached Findinas of Fact. Conclusions and Recommendation; 86-2111- 10752-3 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. Council of the City of St. Paul Virginia Palmer, Assistant City Attorney, 310 City Hall City of St. Paul St. Paul, MN 55102 400 City Hall and Courthouse 15 West Kellogg Boulevard St. Paul, Minnesota 55102 Check Express Minnesota 1532 University Avenue West #100 St. Paul, MN 55104 � orge L. arlson Subscribed and sworn to before me this 28th day of October, 1996 �- 6--,-� �..- Notary Public � M• ^� l_I�VON REG,'; ! � � 7TAFY PL'BUC h11;;. - ��' , �-1ENNEPIiV COUi�; r � MY�mm.Expires Jan.31.2000 4 � � - �� 86-21 1 1-1 0752-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY COUNCIL OF THE CITY OF ST. PAUL In Re: The Currency Exchange License FINDINGS OF FACT Application of: Check Express Minnesota CONCLUSIONS AND RECOMMENDATION 1532 University Avenue West, #100 St. Paul, MN 55104 The above-entitled matter came on for hearing before Administrative Law Judge George L. Carlson, on October 1, 1996 in the Ramsey County Courthouse. The record closed at the conclusion of the scheduled hearing. Virginia Palmer, Assistant City Attorney, City of St. Paul, 400 City Hall and Courthouse, 15 West Kellogg Boulevard, St. Paul, Minnesota 55102, appeared on behalf of the City of St. Paul. Cary Geller, President of the Applicant appeared on behalf of Check Express Minnesota, without benefit of counsel. This Report is a recommendation, not a final decision. The Council of the City of St. Paul will make the final decision after a review of the record which may adopt, reject or modify the Findings of Fact, Conclusions, and Recommendations contained herein. Pursuant to Saint Paul Legislative Code Section 310.05 (c-1), the final decision of the City Council shall not be made until this Report has been made available to the parties to the proceeding and the applicant has been provided an opportunity to present oral or written arguments alleging error on the part of the of the administrative law judge in the application of the law or the interpretation of the facts and an opportunity to present argument related to any recommended adverse action. The applicant should contact Council of the City of St. Paul, 310 City Hall, St. Paul, MN 55102, to ascertain the procedure for presenting argument. STATEMENT OF ISSUE Should this application for a currency exchange license, under Minn. Stat. Chapter 53A, be approved by the Council of the City of St. Paut, after published notice and hearing. Based upon all of the proceedings herein, the Administrative Law Judge makes the following: 4�'� �, - �'�� FINDINGS OF FACT 1. The Notice of Public Hearing in this matter was served by the City of St. Paul on the Applicant on September 23, 1996 by mail. 2. In accordance with Minn. Stat. § 53A.04 and Chapter 381 of the St. Paul Legislative Code, Troy Gilbertson, License Enforcement Auditor, notified interested persons of the public hearing, scheduled for October 1, 1996 by publication and by letter, on September 24, 1996. 3. The Applicant by Mr. Geller, the Assistant City Attorney, Ms. Palmer, and Mr. Ted Koeppl of the City of St. Paul Office of License, Inspections and Environmental Protection appeared at the scheduled public hearing. No testimony was taken. The hearing was scheduled to begin at 9:45 a.m. After waiting until 9:55 a.m. for possible appearance by members of the public, the undersigned, the Applicant, Ms. Palmer and Mr. Koeppl concurred that there was no need to take testimony or to otherwise proceed with a formal hearing. Ms. Palmer submitted the City's exhibits. It was indicated that no interested persons had contacted the City after the issuance of the Notice of Public Hearing and that the application was in order. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Council of the City of St. Paul and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and the St. Paul Legislative Code, Minn. Stat. §§ 381.02, 310.05, and 310.06. 2. The City of St. Paul has fulfilled all relevant substantive and procedural requirements of law and rule. 3. The City of St. Paul has given proper notice of the hearing in this matter including proper notice in accordance with the requirements set forth in Minn. Stat. Chapter 53A and Chapter 381 of the Legislative Code of the City of St. Paul. 4. The Applicant has fully complied with the application requirements specified by law. 5. No members of the public have opposed the application for licensure. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: q� - ( 3q� RECOMMENDATION IT IS RESPECTFULLY RECOMMENDED: that the Council of the City of St. Paul approve the currency exchange license application of Check Express Minnesota. Dated this 28th day of October, 1996 � • eorge L. Carlson Administrative Law Judge NOTICE Pursuant to Minn. Stat. § 53A.04, the Council of the City of Saint Paul is required to forward its approval or disapproval of the license application to the Commissioner of Commerce of the State of Minnesota for the Commissioner's approval or disapproval. If the application is denied, the Commissioner shall mail notice of the denial and the reason therefore to the applicant. The applicant upon denial may request a further hearing as provided for Minn. Stat. § 53A.04 (b). �� , � �� Author�s Direct Address: 110 Bank Street SE - No. 905 Minneapolis, NIl�i 55414 (612) 331-2791 October 28, 1996 Council of the City of St . Paul 310 City Hall St . Paul, NIDi 55102 Virginia Palmer, Assistant City Attorney, City of St . Paul 400 City Hall and Courthouse 15 West Kellogg Boulevard St . Paul, Minnesota 55102 Check Express Minnesota 1532 University Avenue West, #100 St . Paul, NIl�1 55104 Re: The Currency Exchange License Application of : Check Express Minnesota; OAH Docket No. 86-2111-10752-3 Ladies and Gentlemen: Enclosed herein and served upon you by U.S. Mail, please find the Findings of Fact, Conclusions, and Recommendation in the above matter. Very truly yours, George L. Carlson Administrative Law Judge cc : Troy Gilbertson, License Enforcement Auditor e CITY OF SAINT PAUL �j� � ��(� Norm Coleman, Mayor `� � ADMINISTRATIVE LAW HEARING IN THE MATTER OF THE LICENSE APPLICATION OFCHECK EXPRESS MINNESOTA AT1532 UNIVERSITY AVENUE #100 SAINT PAUL, MINNESOTA 55104-0000 CITY'S EXHIBITS Notices: 1. Notice of Hearing letter to license applicants. Attachments include: Notice of Public Hearing Chapter 381, Legislative Code 2. Affidavit of service by mail for license applicant's letter. 3. Notice of hearing letter to interested persons. 4. Affidavit of service by mail for interested persons. 5. Affidavit of publication, Tuesday, September 24, 1996. Statute: 6. Minn. Stat. ch. 53A (6pp.). � � � ' OFFICE OF LICENSE,INSPECTIONS AND � ENVIRONMENTAL PROTECTION Robert Kessler,Director � �� CITY OF SAINT PALTL LOWRY PROFESSIONAL Telephone:611-266-9090 Norm Coleman.Mayor BUILDING Facsimile: 612-266-9099 Suite 300 612-266-9124 350 St.Peter Street Saint Paul,Minnesota 55102-1 SIO � September 23, 1996 Cary Geller 6145 Arctic Way Edina, MN 55436 Re: Currency Exchange License Application Dear: Mr. Geller: The City of Saint Paul Office of License, Inspections and Environmental Protection has received notification from the Minnesota Department of commerce of your currency exchange license application for Check Express Minnesota at 1532 West University Avenue #100, Saint Paul, Minnesota 55104. Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the local governing body after published notice and hearing. The hearing will be conducted by an administrative law judge on behalf of the Council of the City of Saint Paul. The hearing will be held Tuesday, October 1, 1996 at 9:45 a.m. in the Ramsey County Courthouse, room 42, 15 West Kellog Boulevard, Saint Paul, Minnesota. Your attendance at this hearing is extremely important, especially if any adverse testimony is presented to which you wish to respond. The Saint Paul Legislative Code Section 381.02(c) directs the license applicant to pay a fee to the City covering the costs of administering and processing the currency exchange application. The fee for this application is $317.00 and must be paid within (15) days of the receipt of this letter. The Code further requires the applicant to reimburse the City for its costs in conducting the hearing(s) prescribed by State Law. You may be billed for those costs after the hearing(s). ��;�.� �-1 � �� '� For your convenience, a copy of the notice of hearing as well as the City Ordinance Section 381 has been enclosed. If you have any questions, please contact Christine Rozek at 266-9108. Sincerely, �.�r� O Troy Gilbertson, License Enforcement Auditor Enclosure cc: Virginia Palmer, Assistant City Attorney . � .' ,' OFFICE OF LICENSE,IPISPECTIONS AND ENVIRONMENTAL PROTECTION Robert Kessler,Director � c� - i� �� CITY OF SAINT PALJL LICENSEAND Telephone:611-266-9100 Norm Coleman,Mayor INSPECTIONS Facsimile:611-266-9124 350 St.Peter Street Suite 300 SaintPaul,Minnesota 55102 ii NOTICE OF PUBLIC HEARING Currency Exchange License Application of Check Express Minnesota 1532 West University Avenue #100 Saint Paul, Minnesota 55104 Office of Administrative Hearings on the behalf of the COUNCIL OF THE CITY OF SAINT PAUL PLEASE TAKE NOTICE that testimony will be taken from interested persons, including those in the community with respect to the application of Check Express Minnesota to operate a currency exchange by license issued under Minn. Stat. §53A.02. Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the governing body, after published notice and hearing, within 60 days after receipt of the application. The hearing will be conducted by an administrative law judge from the Minnesota Office of Administrative Hearings, on behalf of the Council of the City of Saint Paul. His or her report, and recommendation for action, will be forwarded to the Council for its action. Date of Public Hearing:Tuesday October 1, 1996 Time :9:45 a.m. Location of Public Hearing: Ramsey County Courthouse Room 42, Lower Level 15 West Kellog Boulevard St. Paul, Minnesota 55102 If you have any questions, please call Christine Rozek, Office of License, Inspections and Environmental Protection at 266-9108. , � Chapter 381. Currency Exchanges �} � _ t��t� l Sec. 381.01. State license required; definition. No person shall engage in the business of a currency exchange in Saint Paul without a license as provided by Minnesota Statutes Chapter 53A. (C.F. No. 94-46, § 2, 2-2-94) Sec. 381.02. Procedures; hearing; fee. (a)Procedz�res. Upon receipt of a completed application from the commissioner of commerce for either a new license or the renewal of an existing license, the matter shall be referred to the office of license, inspections and environmental protection for initiation of a hearing as required by state law within the period allowed for the response of the governing body. The hearing shall be for the purpose of taking testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located, as required by law, and upon grounds or issues as to which notice has been given in accordance with the requireinents of sections 310.05 and 310.06 of the Legislative Code. The said office shall publish and give notice as required by law. (b)Hearir�g. The hearina shall be held before an independent hearing examiner in conformity with tlie provisions of sections 310.05 and 310.06 of the Legislative Code, and the rules of the office of administrative hearings, to the extent such rules are not in conflict with sections 310.05 and 310.06. (c) Fee; costs. The applicant shall pay, within fifteen (15) days following receipt of the application by the city, a fee covering the costs of administering and processing the application in an amount to be established in conformity with the procedures in section 310.09(b) of the Legislative Code. The applicant shall also reimburse the city, within fifteen (15) days following action by the city council on the application, for its costs in conducting the hearing or hearings prescribed by state law, including publication costs and the cost of the administrative proceedings and hearing before an independent hearing examiner. (C.F. No. 94-46, � 3, 2-2-94) Sec. 381.03. Gi•ounds for disapproval, etc. (a)Discrppr•oval. The council may by resolution disapprove an application and, if so, shall state therein its reasons for so doing. It may adopt in whole or in part the findings of fact and conclusions of law of the independent hearing examiner and may amend the same to conform to its decision on the record and the testimony. Notice of the disapproval may be communicated to the commissioner of commerce before the effective date of any such resolution where necessary to avoid a presumption of concurrence. . ,` ' �� (�, - �� (b) Gr•o��r�ds for•disapproval. Disapproval of an application may be based on one (1) or more of the following grounds, in addition to any other ground allowed by law: (1) Violation of any provision of the state currency exchange law contained in Chapter 53A. (2) Any one (1) or more of the reasons, conditions, or standards for adverse action under section 3 I 0.06 of the Legislative Code. (3) Failure of the applicant to pay the city fee and costs prescribed above. (4) (i) The location of a new currency exchange as proposed would cause significant adverse consequences or impacts upon the neighborhoods within three hundred (300) feet of the exchange. Such anticipated effect must be shown by clear and convincina evidence. (ii) The e�sting currency exchange has caused significant adverse consequences or impacts upon the neighborhoods within three hundred (300) feet of the exchange. (5) Failure of the applicant to agree to reasonable conditions upon the operation of the business in accordance with the procedures in section 310.05 and the grounds of � 310.06. Such conditions could include,�but are not limited to, hours of operation, off-street parking requirements, bonding in an amount greater than that required by state law, and annual audits at the licensee's expense. (6) The applicant is not of good moral character and repute and/or is unfit to operate such a business. . (7) The applicant is not at least eighteen (18) years of age. (8) The applicant is not the real party in interest in the application. (9) The location of the business for which a new currency exchange license is sought is within one-half mile of an existing currency exchange licensed by the state. (10)) The applicant or its proposed business location does not comply with applicable zoning, building, fire and health codes. (c)Per•sor�s crnd corporations. If an applicant is a partnership, the application may be denied if there is a basis for denial as to any partner. If the applicant is a corporation, the application may be denied if there is a basis for denial as to any (i) shareholder holding more than five (5) percent of the outstanding or issued stock of the corporation, or (ii) officer or director of the corporation, or (iii) employee of the enterprise having policy or management control over the enterprise. �1 c� - � �� 1 (C.F. No. 94-46, § 4, 2-2-94) Sec. 381.04. Definitions. The following words and/or phrases shall have the followin� �neaning when used in this chapter and in Chapter 310 of the Legislative Code. (a)Applicartt. The term "applicant" includes persons, partnerships, firms and corporations and all other forms of business ventures. It also includes employees who exercise management or policy control over the enterprise, general and limited partners, shareholders of more than five (5) percent of the outstanding or issued shares of a corporation, and corporate managers, officers and directors. (b)Application. The term "application" includes applications for both new and renewal licenses. (c)License. The term "license" refers to the state currency exchange license provided for in Minnesota Statutes Section 53A.02. (d) Currertcy exchange. The term '�currency exchange" is defined in Minnesota Statutes Section 53A.01, subdivision 1. Currency exchange means any person, except a bank, trust company, savinas bank, savings and loan association, credit union, or industrial loan and thrift ` company, engaged in the business of cashing checks, drafts, money orders or travelers' checks for a fee. Currency exchange does not include a person who provides these services incidental to the person's primary business if the charge for cashing a check or draft does not exceed one dollar ($1.00) or one (1) percent of the value of the check or draft, whichever is greater. (C.F. No. 94-46, § S, 2-2-94) . ' OFFICE OF LICENSE,INSPECTIONS AND � ENVIRONMENTAL PROTECTION RobertKessler,Direc[or a ( , 1 '� Cl )� l 10 \ CITY OF SAINT PALTL LOWRY PROFESSIONAL Telephone:612-266-9090 Norm Coleman,Mayor BUILDING Facsimile: 612-266-9099 Suite 300 612-166-9124 350 St.Peter Street SaintPaul,Minnesota SSI02-1510 �i September 23, 1996 Richard P. Krietzman 5520 24th Avenue South Minneapolis, MN 55417 Re: Currency Exchange License Application Dear: Mr. Krietzman: The City of Saint Paul Office of License, Inspections and Environmental Protection has received notif'ication from the Minnesota Department of commerce of your currency exchange license application for Check Express Minnesota at 1532 West University Avenue #100, Saint Paul, Minnesota 55104. Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the local governing body after published notice and hearing. The hearing will be conducted by an admuustrative law judge on behalf of the Council of the City of Saint Paul. The hearing will be held Tuesday, October 1, 1996 at 9:45 a.m. in the Ramsey County Courthouse, room 42, 15 West Kellog Boulevard, Saint Paul, Minnesota. Your attendance at this hearing is extremely important, especially if any adverse testimony is presented to which you wish to respond. The Saint Paul Legislative Code Section 381.02(c) directs the license applicant to pay a fee to the City covering the costs of administering and processing the cunency exchange application. The fee for this application is $317.00 and must be paid within (15) days of the receipt of this letter. The Code further requires the applicant to reimburse the City for its costs in conducting the hearing(s) prescribed by State Law. You may be billed for those costs after the hearing(s). �{ c�, -- t �� For your convenience, a copy of the notice of hearing as well as the City Ordinance Section 381 has been enclosed. If you have any questions, please contact Christine Rozek at 266-9108. Sincerely, � -� r—� � Troy Gilbertson, License Enforcement Auditor Enclosure cc: Virginia Palmer, Assistant City Attorney ' OEFICE OF LICENSE,INSPECTIONS AND ' � ENVIRONMENTAL PROTECTION RobertKessler,Director �� -- � � 9'� CITY OF SAINT PAUL r�c�sE�D Telephone:612-266-9l00 Norm Coleman,Mayor lNSPECTlONS Facsimile:612-266-912-t 350 St.Peter Street Suite 300 SaintPaul,Minnesota 55102 �. NOTICE OF PUBLIC HEARING Currency Exchange License Appiication of Check Express Minnesota 1532 West University Avenue #100 Saint Paul, Minnesota 55104 Office of Administrative Hearings on the behalf of the COUNCIL OF THE CITY OF SAINT PAUL PLEASE TAKE NOTICE that testimony will be taken from interested persons, including , those in the community with respect to the application of Check Express Minnesota to operate a currency exchange by license issued under Minn. Stat. §53A.02. Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the governing body, after published notice and hearing, within 60 days after receipt of the application. The hearing will be conducted by an administrative law judge from the Minnesota Office of Administrative Hearings, on behalf of the Council of the City of Saint Paul. His or her report, and recommendation for action, will be forwarded to the Council for its action. Date of Public Hearing:Tuesday October 1, 1996 Time :9:45 a.m. Location of Public Hearing: Ramsey County Courthouse Room 42, Lower Level 15 West Kellog Boulevard St. Paul, Minnesota 55102 If you have any questions, please call Christine Rozek, Office of License, Inspections and Environmental Protection at 266-9108. Chapter 381. Currency Exchanges � � -- � � � �] Sec. 381.01. State license required; definition. No person shall engage in the business of a currency exchange in Saint Paul without a license as provided by Minnesota Statutes Chapter 53A. (C.F. No. 94-46, § 2, 2-2-94) Sec. 381.02. Procedures; hearing; fee. (a)Procedures. Upon receipt of a completed application from the commissioner of commerce for either a new license or the renewal of an existing license, the matter shall be referred to the office of license, inspections and environmental protection for initiation of a hearing as required by state law within the period allowed for the response of the governing body. The hearing shall be for the purpose of taking testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located, as required by law, and upon grounds or issues as to which notice has been given in accordance with the requirements of sections 310.05 and 310.06 of the Legislative Code. The said office shall publish and give notice as required by law. (b)Hearing. The hearing shall be held before an independent hearing examiner in conformity with the provisions of sections 310.05 and 310.06 of the Legislative Code, and the rules of the office of administrative hearings, to the extent such rules are not in conflict with sections 310.05 and 310.06. (c)Fee; costs. The applicant shall pay, within fifteen (15) days following receipt of the application by the city, a fee covering the costs of administering and processing the application in an amount to be established in conformity with the procedures in section 310.09(b) of the Legislative Code. The applicant shall also reimburse the city, within fifteen (15) days following action by the city council on the application, for its costs in conducting the hearing or hearings prescribed by state law, including publication costs and the cost of the administrative proceedings and hearing before an independent hearing examiner. (C.F. No. 94-46, § 3, 2-2-94) Sec. 381.03. Grounds for disapproval, etc. (a)Disapproval. The council may by resolution disapprove an application and, if so, shall state therein its reasons for so doing. It may adopt in whole or in part the findings of fact and conclusions of law of the independent hearing examiner and may amend the same to conform to its decision on the record and the testimony. Notice of the disapproval may be communicated to the commissioner of commerce before the effective date of any such resolution where necessary to avoid a presumption of concurrence. �` - ( � °1 �1 (b) Grourrds for disapproval. Disapproval of an application may be based on one (1) or more of the following grounds, in addition to any other ground allowed by law: (1) Violation of any provision of the state currency exchange law contained in Chapter 53A. (2) Any one (1) or more of the reasons, conditions, or standards for adverse action under section 310.06 of the Legislative Code. (3) Failure of the applicant to pay the city fee and costs prescribed above. (4) (i) The location of a new currency exchange as proposed would cause significant adverse consequences or impacts upon the neighborhoods within three hundred (300) feet of the exchange. Such anticipated effect must be shown by clear and convincing evidence. (ii) The e�sting currency exchange has caused significant adverse consequences or impacts upon the neighborhoods within three hundred (300) feet of the exchange. (5) Failure of the applicant to agree to reasonable conditions upon the operation of the business in accordance with the procedures in section 310.05 and the grounds of 310.06. Such conditions could include, but are not limited to, hours of operation, off-street parking requirements, bonding in an amount greater than that required by state law, and annual audits at the licensee's expense. (6) The applicant is not of good moral character and repute and/or is unfit to operate such a business. (7) The applicant is not at least eighteen (18) years of age. (8) The applicant is not the real party in interest in the application. (9) The location of the business for which a new currency exchange license is sought is within one-half mile of an existing currency exchange licensed by the state. (10)) The applicant or its proposed business location does not comply with applicable zoning, building, fire and health codes. (c)Persons and corporations. If an applicant is a partnership, the application may be denied if there is a basis for denial as to any partner. If the applicant is a corporation, the application may be denied if there is a basis for denial as to any(i) shareholder holding more than five (5) percent of the outstanding or issued stock of the corporation, or(ii) officer or director of the corporation, or(iii) employee of the enterprise having policy or management control over the enterprise. (C.F. No. 94-46, § 4, 2-2-94) � � — � � � �7 Sec. 381.04. Definitions. The following words and/or phrases shall have the following meaning when used in this chapter and in Chapter 310 of the Legislative Code. (a)Applicant. The term "applicant" includes persons, partnerships, firms and corporations and all other forms of business ventures. It also includes employees who exercise management or policy control over the enterprise, general and limited partners, shareholders of more than five (5) percent of the outstanding or issued shares of a corporation, and corporate managers, officers and directors. (b)Application. The term "application" includes applications for both new and renewal licenses. (c)License. The term "license" refers to the state currency exchange license provided for in Minnesota Statutes Section 53A.02. (d) Currency exchange. The term "currency exchange" is defined in Minnesota Statutes Section 53A.01, subdivision 1. Curreney exchange means any person, except a bank, trust , company, savings bank, savings and loan association, credit union, or industrial loan and thrift company, engaged in the business of cashing checks, drafts, money orders or travelers' checks for a fee. Currency exchange does not include a person who provides these services incidental to the person's primary business if the charge for cashing a check or draft does not exceed one dollar ($1.00) or one (1) percent of the value of the check or draft, whichever is greater. (C.F. No. 94-46, § 5, 2-2-94) � � � � � � C - �� `�1 STATE OF MINNESOTA ) ) ss . ,1�FFIDAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY ) Troy Gilbertson, being first duly sworn, deposes and says that on September 23, 1996 he served the attached Notice of Hearing on the following named people by placing a true and correct copy thereof in envelopes addressed as follows: Cary D. Gellor 6145 Arctic Way Edina, NIlV 55436 Richard P. Krietzman 5520 24th Avenue South Minneapolis, NIlV 55417 (which is the last known addresses of said person) and depositing the same, with postage prepaid, in the United States ma.ils at Saint Paul, Minnesota. /� _ � � � TROY GILBERTSON Subscribed and sworn to before me this123rd day of September, 1996 . �. , ! � � � 4� ta y Pub ic ■ � < �.INDA KAY KORAN r,fi :� NC�TARYPUBLIC-MINNESOTA ` �H��y�nr�misslon Expirsa Jan.31.2000 •"gi�,;'' . V W1A/W�tt`aliniv� ... . .. .s�w:1.MMMM/Y !'��! r�V �,�,t -�Z ' OFFICE OF LICENSE,INSPECTIONS A,�D ENVIRONMENTAL PROTECTION Robert Kessler,Director n1,� � �� "�U CTTY OF SAINT PAUL L/CENSEAND Tetephone:612-266-9/00 Nonrr Coleman,A-/ayor INSPECTlONS Facsimile:612-266-9124 350 St.Peter Street Suite 300 SaintPaul,Minnesota SSIO? i� NOTICE OF PUBLIC HEARING Currency Exchange License Appiication of Check Express Minnesota 1532 West University Avenue #100 Saint Paul, Minnesota 55104 Office of Administrative Hearings on the behalf of the COUNCIL OF THE CITY OF SAINT PAUL PLEASE TAKE NOTICE that testimony will be taken from interested persons, including those in the community with respect to the application of Check Express Minnesota to operate a currency exchange by license issued under Minn. Stat. §53A.02. Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the governing body, after pubiished notice and hearing, within 60 days after receipt of the application. The hearing will be conducted by an administrative law judge from the Minnesota Office of Administrative Hearings, on behalf of the Council of the City of Saint Paul. His or her report, and recommendation for action, will be forwarded to the Council for its action. Date of Public Hearing:Tuesday October 1, 1996 Time :9:45 a.m. Location of Public Hearing: Ramsey County Courthouse . Room 42, Lower Level 15 West Kellog Boulevard St. Paul, Minnesota 55102 If you have any questions, please call Christine Rozek, Office of License, Inspections and Environmental Protection at 266-9108. � � �,�„�:f �3 � �' qb � 13�1'7 STATE OF MINNESOTA ) ) ss. ,A,FFIDAVIT OF SERVICE BY bIAIL COUNTY OF RAMSEY ) Troy Gilbertson, being first duly sworn, deposes and says that on September 24, 1996 he senred the attached Notice of Hearing on the following named person by placing a true and correct copy thereof in an envelope addressed as follow: District Planner Donna Drmmond Snelling/Hamline Comm C Memam Park Comm Cncl 1100 City Hall Annex Ed Bower,CO William Oetting, Pres Saint Paul,MN 55102 1573 Selby Avenue,�i311 416 Hershel St Saint Paul,MN 55104 Saint Paul,MN 55104 Snelling Hamline Cm Cnl Shirley Reider, Pres Desnoyer Park Assn Snelling Hamline Com Cl 1448 Laurel Avenue Sue Roberts Ed Bower,CO Saint Paul,MN 55104 560 Cromwell 1573 Selby Ave,RM#311 Saint Paul,MN 55114 Saint Paul,MN 55104 Editor Grand GazetteNillager Summit Av Rsdl Preserv Selby Area Com Dev Corp 757 So Snelling Ave LARRY D STARNS,Pres Bob Porter,Exec Dir Saint Paul,MN 55116 1950 Summit Avenue 741 Selby Avenue Saint Paul,MN 55105 Saint Paul,MN 55104 Rep Andrew J Dawkins Minnesota Legislature LEXINGTON HAMLINE CM CL University United 371 State Office Bldg Julian Loscalzo Executive Director Saint Paul,MN 55155 1160 Selby Ave 1600 University Av#4 SAINT PAUL MN 55104 Saint Paul,MN 55104 Midway Chamber of Comm Executive Director MERRIAM PARK LIBRARY 1600 University Av#4 1831 MARSHALL AVE Saint Paul,MN 55104 ST PAUL MN 55104 (which is the last known addresses of said person) and depositing the same, with postage prepaid, in the United States mails at Saint Paul, Minnesota. � ��F,�"_ �.� TROY GILBERTSON Subscribed and sworn to before me this 24th day of Sep mber, 1995 . �• , '�� ary Public s � ANTOINETTE PRUDHOMI� NOT11R�f PUBUC-MINNE80TA q1UA8EY COU N7Y I�y CommieNon Explree Jan.31,2000 r�qnMNVwp��h"��ww,nM/inn�wnn/�MMNv lt �l, -� -� '� `� _ . _— -- - -- _-- -- ;-- - �OTICE QF PUBLIC HEARII�I(i . Cnrraac�Ezchan�e Licea�e Appli�tios , of Checl�E:press 1[iaaewxa=___— ' ` ,163$�Vest Unisersity Av�nne+�1� FFIDAVIT OF PUBLICATION n dl� ' � 8aint Panl.Minnesats 66104 �J I J Otfice of Admiabtrati�e Searin�s , � o n t h e b e h a l f o f t h e COUNCIL OF T�CITY Olr S�INT PAUL - I PLEASE TARE NOTICE that testimony will be taken from interested persons,� 'including thoae in Ehe community with respect to the application of duly sworn, on oath says that he is the Check Express Minnesota to operate a currency exchange by license issued 1pwn as the St. Paul Legal Ledger and has under Minn. Stat. �53A.02.' iCh aie stated belOw• Minn.St�k�53A.04 requires the agproval or disapproval of the state application ' I by the governing body,after published notice and hearing,within 60 daya after :receipt of the apptication. � lied with all the requirements constituting fThe hearing will be conducted by an administrative law judge from the�per, as provided by Minnesota Statute ;Minneaota Office of Administrative Heazings, on behalf of the CounCil of the a licable laws, as azriended. !City of Saint Paul. His or her report, and recommendatfon for action, will be pp j forwarded to the Council for its action. Date oi Pnblie Heariag:Tuesday October I, lsss [c hearing which is attached was cut from Time: s:45 a.m. �r and was printed and published once; it Location of Pnblic Hearing: the 24th day of September, 1996; and ; Ramsey eounty Courthouse .e lower case alphabet from A to Z, both Room 42, Lower Level ' 15 west xe��ogg soulevard Y�nowledged as being the size and kind of st. paul, N[innesota 55102 �nd publication of said notice• If you have any questions, please call Chriatine Rozek, Office of License, Inspt�tions and Environmental Protection at 266-9108. ghijklmnopqrstuvwxyz (September 24, 1996) Subscribed and sworn to before me this 24th day of September, 1996 � , BARBARA A.ST.MARTiN � _ NOTARY PUBLIC-MINNESOTA � DAKOTA COUNTY � My Comm.Ezpires Jan.31,2000 i Rate Information (1)Lowest classified rate paid by commercial users for comparable space is$N/A. (2) Maximum rate allowed by law for the above publication is$44.34. (3)Rate actually charged for the above publication is$38.56. ��,-�•�. � s _'�_��'�;i`_=�;=�i:_:�' _ _ _ y� ��r;:> fiYr�"=' `_---.e�'�C-.',- `c,.;.�;;�w�} -�'s�^+- ��`'.�,�� , ^c"`"'"� .� r„'rS. 5=A.01 CL'RRE\�'F`�C;�.�\GES p .��.�`�:� i�.?-�, • ��J .�{v�a'!,��-_.», yu-, ^�3=?r��%a;:,::. '-. t�-z.�.�c.:c.� .1,r. ��'1 � � r�:=j��.,� ��;�:' CH�PTER .:K �� :��-�--�::-;� s3:�. � .� �:�:��-��;�:,�;:: �� , _.�, _��-�-.:.._� t� .� �-c�"�Y��=' CURRE\CY EYCHANGES -y..�_ "yy r'� ��L;� '"A �Y�-%.. 1� ��M� �� '� - �� S:A.OI D:Sniticr.s. 5 Fi;ir. of!r:s;u,::ezsor,�b; ,' �°�'r�;_'�„:,_� 3.4.01 g e r.s. ?,� ,_�T,ti,-,`°.-� S�A.O? Liccax. c.A.GB Bcr.d, � -:�,w:s�;�� s's;�,i; S:A.G3 A�^,licz;ion fcr -.`��r.s. 5:.;.OSI �::,-.cz1;cpo:l a,-,d ia�cs;� ie.^.s. � `�:��.;;.�w.;- ::A.G3 A�;:o�alor�:-'�.fz� 53.a.G9 P ' ��ti�,; .�-; e�e:s;li-�;a;icr.s:p:o�.i i..er.s. �=^,.,� ;--_ ;�' fPPlir;ion. 5_A.10 ' ' �'io;ar.cns. _.Q,�. ' {'� •' - ::�:,;;�;�'s�'-.+�,z;��i' S:A.GS C.*.zr.ES of r.zr:,c ...:s}:i;.cr S.A.I 1 5�ks of�r.cur,r-..rcal;epo�. � ��y_; Y.�_��s-'�:_ lo:a;ioa. c�A.l? �l � -- ` R:;rs. e� _ ��,�v�:_ 53A.C6 Fi^e,scsye,sit,.c :.o:a:ion ef c.q.l3 Fee n�:i �z'c ' ��•=�• 1 a, ,e zCVCnir-£; •,•� ,:,YR It;�4i,��. I7CC'SC. �,. .-�._ FG'e�' :�4�::<�.��:: . _ ��✓'��r��`Y.�Yx �=-�-=�-5?-�-'� �3.�.01 DEFI\"IT:OtiS. .x'.=ry�_-..�,� ,,,�^,,-�. �.:;. '°'��'='��'-'�` `'s`''�" Subdi��icion 1.Currenc}•exchan e."Currenc}•exchange"me�r,s any person,except V�::�==�."�.��;. g � �-�:?�.��-.Y,�: �;,.:. .5;�,-�Y:• a bank, tn�st corr._�-y, c��ir,gs ban'.{, savings and loan associztion cre�it ur.icn, or. �"�.":�;��.-�. -} . � _ ;v��r,�; �- industrial lozn �^d :-,;;'t compaay, e;,e�sed ia the business of rs;�ing checks, drafts, �;��k::. money orders, or ,sa��ele;s' checks ;er a fee. `Currency exchange' does not include a =�;c:�.=._.�- ,- '�< � ��-�.._ pe;_on w•ho pro�-�c:s t�:ese sen�ices incidentzl to the person's prim�ry busir.ess if the `��' ' �`�:�: chuee for cashine a c;;eck or d;zft does not exceed S 1 or or.e percent of the ��alue of ' � -; the check or draft, •��che�•er is grezter. � r " K'�� Subd. 2. Con,;.;;sioner. "C01;,T1S510i]ef� ;7;22�5 I}12 CO.ii1T.?SSi0D2f 0{COTT2iCe. ��' '�a�. Historv: 1989 c';l s I �� Y- �- �3A.02 LICE\SE. � - - Subdi�;sion 1.Requirement..a pe,-sen ma��r.ot er,�zge in t�e business ef a cu„er.cy �.� �- ��`- exchanee u��j;�out �-1 obtzining a license ;rora the cemmiss;oner. \ot r,�o:e thzn one '` p'zce of business ^�}•be operated u;;der tre same licease, bLt the commissio;,er may � _ „��; issue more th2n or.:;:C2�SC;O Ii:C SeT;C�icer,see upon complia;,ce�V l}]2 e}�}��;C271i�'lI�'1 �`''� .�'�''' �ll the p;o�•isions e;�`�is chaptzr for each neu• license issued. . ��-; Subd. 2.Dist:.ace]imitarion.\o Jicense ma}•be issued or reneu�ed ur.der�h;s c`�ap- �•a��' ter if the place of bi:sness to be operated under the license is lorted or proposed to > �- -"°.= be located a•ithin c-e-half mi!e of a�other licensed cur;enc�• exchar.ge. The distance . ��'' 1ir„itation imposed 'e}•this subdi��ision is measured by a straie}:t line f;om the clesest .;.- , -�_. ;. poinu of t�e closest s:rUCtures in�•ol�•ed. _ -� Subd. 3. Prohibirion.A lice,^,see ma}•r,ot cont:act�ti•i;h�nother person or business - -j� entity to maaage t;:; curenc}• exchz;._e business. This subdi�•ision does not p;ohibit �_� the licensee from e,::Ylo�•ing persens to oper2tz a currency exchar.ee facifity. == Histor.•: 1989 c'=i s 2; 1992 c SOa s 2 � "r: 53.4.03 .4PPLICATIO\' FUR LICE\SE; FEES. ��1;�11D�1j� Sf� lfi�}�� . }1 � „- � � �°) �� 2pF>><<�.�� `or a ]icense rnust be in ��riting, under eath, and in the form - -: prescribed and fu�,;s5ed by the co;nmissioner znd must con�ai� the follo�•ine: `x (1) the fuJl na,;:e and add;ess(both of resider.ce znd p;ace of business)of the�ppli- z cant, and if the app?icant is a panne;ship or zssociation, of e�•ery member, and the �" name and business add;ess if the applicant is a corporation; � �. (2) the county and mu;,icipality, w•ith street and number, if any, of�ll cu;,ency exchange Iocations operated by the applicant; and � g� (3) the 2pplic2nt's occupation or p;ofession,for the ten}•ears immediztely preced- �: ing the application; p;esent or pre�•ious connection w•ith zny other currency exchange '` �,. in this or any other state;v��hether ihe applicant has e�•er been con��icted of any crime; 2nd the nature of thc zpplicant's occup2ncy of the premises to be licensed;and if the applicant is a partnership or a corporation,t5e intormation specified in this paragraph must be supplied for each panner and each of3�cer and director of the corporation. If ��yi i,ir�i --x--a�--a � �-�' �.r �,��_�,� , , � x .�::. r,.�-`;_ �:�,^': j � �• � {�. ! • , ��y�'='.�?::`:rz j �� I ��59 ��-`,�_Y: '�4�" � CL'RFE\�'E\CH.4,\GES 53 f1l " v�"`'' .�.OS r � �r*.,. +tc��_``�?, � the 2 1�c�nt is a artr.ershi * ; ( �`� �- -:�:<' �r•� P p ora no..publ.clyheld c.:=o:a:ion,the inforr„a?ion_cpeci- �`D �� .,�-- '�'''��'1`•�—.',`.'4 fied in t':;s par�eraph must be required of each pan-;.-a::d each o�cer, director, and �� . ._��.,�c>.�>.� siockho?de;s o��r,ing in excess of ten pe,-cent of the cc=-o*a,e stock of the corporatioa. � �y,�� . �-:r:== r�.Ya; (b) T`;e a�plica;io� shall be accomp�nied by a -:-;eTL�dable fee ef S2' �� -=`_ re�•iew of the :nitial applicatioa. L oa a . �0 for the �-_s�- , TP PProvzl b�• ::.� co;,:mics:oner, aa add;tional � '�`'"� licer.se fze ef S:0 must be paid b��the�pplicar,t as�a =--:L�l license fee ior the re;,,ain_ � �-�� er of the r)er.d�r,•ear..qa ar.;,ua�]ice,se fee of S�G:_�;:e for each subseeuer,t c2len- � ��.t � �.,�-a� dar }�ear of operatie� upon submis_ion ef a ]icense :�-;��- ��-� ` - �1 applicalion on or beiore +- �"� December 1. Fees r,�ust be deposited i� the state t;�a;_:�• �nd credited to the genera] J` 4�� fund. L'pon pa�ment of the reevired �nnual licer,se ::;, ;he comr,:issioner shall issue � �*. �; a license fer the pear beFi;,nir,g Janua �' "= (c) i�e co;nmissioner sh�;J;e virz he a �� '� 4 ppliczr,t:�sLb;r+.it to a backg;ound in�•es- ' ' tigation conducted b��th�bureau ofc;:.*,�inz)a �� . :: ppre,,.-_ en as a conditioa of licensure. -�' ' .�s p2;t of t?�e backgrour.d i��•estigation,the bu;eau o;c=r.:;na1 app;eher,sion shz'1 con- � Y � dLCt crir-,is:zl h:storti�ch;cks of Aiinnesota records ar,c:s au,horized to exch�nee finger- l� y. � � }J77A15 t1';ih tne Fedzr�l BUi2cll of 1r.�•estigation :" the p�rpose Of 2 CT]T7iD'cl ;� �� backerour.d check of the ;:atio;,al files. The cost of t;; :a��esti�ation must be paid by � the zpp;ic�-t. � � �, (d) Fcr purposes of this section, "zpplicant" inc;__es zn emplo��ee w•ho esercises `� T7�21]eE�77�2:;t Of�OIICV f0;:i70I 0�'2I Ih2 COf��7cnV,3 dj�;�;�,,r;�Z om�er,a limited or gen- e;2]pa;�r.er,2 r;anaoer,er a s, ;:- ?; ' . � � .: oldzrholci;:e mo,e:.:=z ten percer.t ofthe outstar,d- ing stock of the co�poration. � - Histon�: 19�9c_y7s3: 19�?c:0-fs3 � � �� i �3A.Oa .�PPROti'.4I,OR DE\L�I,OF.�\.�PPLIC.�TIO\'. � ��) ��`:» =0 da�s �:;er thr rec2ipt of a comple�e a,r�;cation, �he com„�issioner < '��` 5�?21� �2i71'i�t 2}'�j,J;�ci!0;7 Or$L�i�?1 ii;:�pplication to:': �o��enir.g bod}'Of i}lC�OCcl it � ur.it ofgoti�e��r.;.nt in w�h;ch�'r.e�rplicant is loca:ed or:s �royosir,g to b2 loca,ed.i-he '�t � � com:,^,issioa;C Tr:2�•T10i 2ry^;0�'2 t:;e applica,io�w�ithoa�::;:concurrence of t';e go�•ern- � ' �r°- �od�, i:e ge��erni;:g bod�• s';�11 E+',�e published no:i;: of i�s ir.tention to considzr �' � Ii]2 155L2 c„� S�ici� SO�:CiI 12Si1i��0��W i0:?� 1�112i2SI2d �:' � `' Y C0�7;;L'�j��'j�ti;;j�h ihz 2��jjC2;'.t is loc�ted oris ro ��;-_°"s, including those in tl;e , _ ir.g body h�s r,et � p P .;to be loca;ed.Ii the go��er,.- ; 1� ppro��,d or disappro�•ed the issue ��::-;� 60 da�s of rece;pt ef the �� 2FP>>c<<ion, cor,cer,ence is p;esL*;,ed. The commissior:e;-LSt a � � the appl�catien �•ithin �0 da��s frem reczi��ir. the decic;,�, PPro��e or diszpp;o�•e �=, � ot the go�•erni,.g body. The l' '� Eo`'zrn:ng bodv s�zil h2��e ihe so;2 72SY0�57b;lit��for i;s cecision. T}:e stz�e shail ha�•e no respons;�;?ity for ihzt dec;sio�. � r�: - H (b) If the�pp;irtie� ;s der.ied, �he comnissioner s=z:1 ser.d b}•nail notice of t;�e �� d2P.12� 2�d ;Le rezson i0f i4z d2�1c� 10 I}iZ 2y7;7ij�e1]i ei :Le addres � s contai;,ed in t�e ;- 2pplicatio�. Ifsn application is d:nied; �he �pplicant m��•, •»ithin 30 dz}�s ofrecei�-ir.g =` r:.: the notice ofa�eni�1,request a contested case hezring p.•:��ar,t to chapter 14;p;o�•��Pd :•'. that if the deni�l ;s based upo�t':e re;LS�I of the go�•er,,;-g�ody to concur the go��en- �� ing body must �;;ord the �ppJiczat a hz�rine. Tr,e applica;t sbal] ha��e no rie]-,t 10 the �'� hearing pro�•ided for in this sectio� if t?:e der,;�l is b�sed � == .,_ refusal to coacur but sha!1 ha�•e a hear,'r.e before the eo•�;r,,ng bodv��e��g bod�'s �-� _ F� �`. (c) This section 2pplies to initial apptications and ;eaeu•�l applications. �;� (d) The s+.z;e shall ha��e r,o responsibili�y ;or the �ct;ca of the governing body. K; 'yF Nistorv: 1939 c�47 s�; 1992 c S0�s 4 � 53.4.05 CH.�.\GE OF\.�11E, O«:\LRSHIP, OR LOC.4TI01�'. �' " ��' Y Subdi�•ision 1.\ame or location.lf a licensee proposes to change the name or loca- tion of any or all of its curTency exchanees, the licensee shall file an app)ication for aPProval of the chanFe w•ith the commission�r. The con�issioner shall noi a �� a change of location if the requirements of sections 53A.03,subdivision 2,and 53A 04 ha�•e not been satisfied. If the change is appro��ed by the commissioner, the commis- � ��: - '._ -M' �4 `=::��*^:+;.�'�'c-i:�_-- `:��=�_.;.i �.`�=;� -.�t��.��.,,;"._ +=ij:�}� � �`�x}�^i��! � .1...� 4�� - . -��',��';-:-.�"=: 53.4.05 CL'RRE�CI'E\C�;.�'GES ' - ��-2°,..,�T,f,�` -�:i. �C/ ^'_ �':��:i;��;:��v e:. _ �:"fw..:.�r.4::,.'. _ . ,_.;_,;;,�.��__,.: sioner shall issue an �-eae�ed Jicense in lhe]icensee's new narne or location..a 5�0 fee ; =�>� .�'J.i,:,:s.�'4�_'��F ]JjUSI UZ p�id for t}:: �-:ended license. s �y .�..�'�.��.t_��. �!4•'!-- �. � .x.-w..��r�-.:'' Subd. 2. 0�'ne;:`:�.The licensee shall notify the cornmissioner 30 business da�•s _.,.. "' ��,_:=^��::��-i< . -=1:-_��:;_�.: � in zd�•ance ef any c-_-=e ia o��nership of the currency exchar.�e. The commissioner , ��'�.y��__'��y�'�'.. �. �;'.,�:.o-;__,:;:. r��y re�•oke t?;e cur.:-c�' e�:change license if the ne�v ow�nership �ti�ou!d have resulted �:,-�.�::;_..:*._�:-:: . . =-� .-. �.:-...Q�=:�3:.::. in a denial cf the i-:::z1 l;cense under the pro��isions of chapter 53.�. . :�=-��~�„�__ �,�� Histor?�• 1959 c _=i s �: 199?c 504 s 5 ` "�s�A��-=: . �t��;,�s��- �3.�.06 FI\E, St�rE�SIO�, OR RE�'OC.4TI0\ OF LICE\SE. -�;��:.-..��.�-��: . . _. ,-�,,..__,��_�.: .�K��:.��;:7: (a) The cemm::_:::-:er r.��)'s��sper.d or re�•oke zny]ice;,se under section 4�.027 if ��•�.;;'�.��: the commissio;�er `�-�s �hat: - . . �. ��:�� r�•t -�-�.,��,.,��;__ (1) the licensee:zs :..�.ed to p2y the znnual license;ee or to maintaia in e ,ect the :.,�.�.:ar-��:_ - ";r�.��=�;4'�� ,.;��:;�:�.: required bo:,d or to c::..,ply��ith any o;der, decision, or findir.;of the comm�ss�oner .�.y ;�`:-=Y;:='�-t��•� under La�ti�s 1559, c:-_�,er 247; =_".��—��. • � '"��-:T==='*'° � the l;ce,^.se;, ar a� �oficer or director of a corporate licensee,hzs�'iolated any •��;��:°� (-) ) ��_:�_-�-sr�;��;_: pro��is;o� of La�.;•s 1::��chzpter'�7, or any n!le or order of the commissioner under _ 't_y�v�' this chzpter or char::: -�, � "�-�:�=-~.: (�) the license:,cr a;,y oficer or director of a corporate]icer.see,h�s��iolated any �,-s,a -- .,- - �,: .�,._„�� . �'�'=��;�:: other la�v «�hich ��e�_;d i^dic�;e tr2t the pzrson ;s untn:stw�or�hy or not qualified to ��.�'��: operate a cu,;:ncy ;::cs:a^£e; or - �,.��:�,- � .�_ a��,- �-� cA\ icCi Of i�_�1i7071 2X7S�5 1�'}1:Cil, lf lt }l"ea 2X)SS2d "cl t52 time ef the o;i�nal •�'-�;:_: . �j z.��_ Of f2P.2��'2�2rr�7Cci:G"•:Qr 1�2)7C2i,5Z��'OL`�d h2�'2 w'2�anted t'�e cor;,m;ssion2i i2fL51T1A� ��-.��,. the issuznce of the :;::-se. , �'- y�� (b) .�license r.-z;-ot be re��o�ed until the licensee has had netice of a hea;ing pur- -y;."�-s.=: . �- • .�- suant to t}:e p:o��is:c-s of chapter 14. °-�:��c_ (c) .�;icensee-��s;!r,ender an��license by defi��en�to the commissioner.The sur- � � ;_�-J;:� render does r.ot z�,:.::^e licensee's ci��il or crininzl liabilii}•for zc;s committed be,`o,e •`�r th� surre�der, or �-::t the liability en the bond required by this act, or entitle the �- �= lice,see to a ;etu� ci anv pan of ar.y license fee. . �=: . -=�- - (d) Be;e;e susr:;.sioa or rz��oc2tion of the license, the com;nissioner ma}• fine a -, �,.��-.y'� licensee for�•;olatie-s ef Law�s 1SS9, chapter 3�7, 4s authorized ur.der chapter 4�. : " 3 . Histor.�: 19,�9 c:=i s 6 � � � '= � ' �<' �3A.07 FILI\G OF FEES; t'�-R.E.4S0\.�BLE FEES. �=- Subdi��;sien 1..�ppro��31 of fees.Fees chareed zt each]ocation for check cashing ser- � '�'��'R'-�` Y][25 J:IUSt �2 �1�2d '�'ii:7 and app;o�•ed by the commissioner. .. �, '�� T�: Subd. 2. .�menc�,^.ent of fees. A licer,see ma�' zmend its fees at any time by fi;ing Y- =' the proposed ame-c-ents w�ith the commissioner. The application fer amendment - - > shall be in w�ritir.e,��^�er ozth, znd in the for,n prescribed by the commissior,er.A fee ��' � �' of S�0 shall acco;rra-:y the application. The commiss;oner shzll zppro��e or deny the ,;. �'� applicztion 60 da�s a:er the filing of a complzte application to zmend its fees. '�` Subd. 3. Stand:Jds; unreasonable fees prohibited. The commissioner may disap- _ „�, . pro�'e the fees filed��•a cur;ency exchanee if they zre not;zir and reasonable.In deter- �'� mining u�hether a `ee is fair and reasonable, the commissioner shzll take into 3 consideration: (1) rates chars:d in the past for cashing of checks by those persor.s and oreaniza- tions pro��iding ch;ck cashing ser�•ices in the state of�linnesota; (2) tht inco;,�e,cest,and experien�e of the operations of currency exchanges exist- s�'. � � ing prior to this er.actnent or in other states under.similzr conditions or regulations; � " (3) the amount of risk in��ol�•ed in the type of check to be cashed and the location , where the currency exchange operates; (4)�the general cost o!'doing business,insurance costs,security costs,banking fees, '� and other costs associated w7ih the operations of the panicular currency exchange; . � _ ;�j,1;__. � ' ^'. R_#'-yY.::��_.�—,;i- 1<SI CL'RRE�C1'EXCHA�'GES 5?A.11 � ,�'��`'a:VT,�i; ' ' +..:-�%.':'+� • , '4..� _ �51 a re�so;:able ,ofit for a cu„enc` ex�hange e.:-�,ion• znd `�;=�'=�}"` / �' JI f �FL�lS"��=i-v��`!�. �G: , (6) zny ot�:er matter t;;e cem�,issioaer c�eems ap_:c�;,ri�te. t��: �-;�,�_��::; -�--'�; � The commissio:er sh211 set a sepa;ate rzte CO�S]Si2P.i �•�:;5 t}:e abo��e standa;ds for ' ` �` ��`'�.`�'•"P , , � I; "�..°"'"�•`aq�.F,:� checks issued by a go�•ernnent er,tity ia zn amount �p:�5�00 to be c2shed by a cur- �° Y'�"='==fiy==-`�; �-. ,,+:r:?"=�-?:� rency exch2r.�e. ��-- -� Hision•: 1989 c?y7 s 7 � �`:'s'f`Y_'��`� +� -,x._ T � K -.i�si�:A-- _`: �3.�.03 BO\D. E f `yT=`'=�:``�? _. � __ :_ �•' :.--t:�::;�<r:� Before a l;ce,^,se may be issued to a currer.cy excha-_e,the zpplicant shall file annu- �; � -��:d�'?-`� s� '^�-"��"''�-' �lly„�ith zr.d };a�•e appro��ed by the commissioner a s:::::y bond, issued by a bondir.g �^ � • �,.�:�r_,.� company authorized to do business in this stzte in th: i;;r.c;pal amount of S 10,000. '� ��°�"� s- .,j• p.. -�?;°:,,�.�. The bond n:ust nnn to the comnissiener and is for t':e :e�efit of creditors of the cur- ` �.:;�»-� rency exchange,`or liabil;ty inc::,;ed by the cur;ency e�r�::oe on money o;ders issued "``-?��=�> ,s T'i:::,s,;� or sold by the currency exchange, for liabili�y incur,ed :�� the currer,cy exchar.ge tor y ;� sums due to a�;a��ee or endorsee ofa check,d;�ft,or rno-��erder]eft�.:;th the currency �''' - . � exchange tor co?lection, and fo;liability incur;ed by tL�:c_;rency excha;,ge in connec- ^y '.�� tion ��ith pro�•iding cu,:e;:cy exc;:�,ge sen•ices. Thz ce;;,missionrr may requi:e a licensee t�file a bond in aa�ddition�l�mount if the ce-:.-�iss;onzr coasidzrs it neces- ` `�,� i. sa;y to meet the requi;emer.ts of th;s section. Ia deter:;:i-:�-�t!�e zdditio�al ar,^.ount of : i thz ber.d w�hich nar•be required, the commissior,er r;.a�•:equire the licensee to 51e its -�,:� ' 5�zncial recorC'S, i�C�L'ul^2 2��b�nk stater,-,ents, pen�i-:i-g to the szle of mone}'OldeiS ��" for the preced;'rg 13•month perod. 1a no case may t':: '�ond be ]ess than the initial - �- � S I O;�GO or mere �haa ihe ouutzr.ding ?i2bilities. �- • ..� ;..-y Histon�: JSS9 c ?;i s 3; J99?c:G;s 6 - � �. �3.�.081 A\\LAL REPORT A\D I\ti�cTIGATIO��. , .,,�� Sub�i�:sien 1.Annval report.Oa er beforz Lf2rch 1, a?icznsee sh�ll filz an anacal � 1"�' f ;�-� re;,on w�it`� the com�,;ssioner for the p:e��ious caler.d�r�:ar. The report nust contain �.ti... � ir.,`o„nztion t'r.at t'�e commissioazr r;:ay reasonably ;ee�.:i:e co�cening, zr,d for the z� ��7�OS2 Gf zXc:,,1:ili:?,1�;2 L�U57.^.255 2nd opzrz:ions of ecC:i�:iZi752d CLiT2�C�'2\Ch2;:£C. ' ' ' �- . t. ��^� SU�d. 2. Im�es;igaoon.7}'i2 COTA]:�1S510J'i:r JP.2)'ci c'�'i;7.^ie 2i,d 5�2�� ct J22S1 O�CC �b: in each�e2f Ifi�'2Sii£2iC i}l2 CUi;2P.C)'2XC;�2P.£2�JL'S11i2S5 OI 2-}�licer.see ar.d of e��er}•per- �� s son, pannershi�, association, and co rorztion eneaeed ;z the busi,^.ess of operatir,g a =" cu;,er,c�•excha�ce in the manner pro��ided uader sectie� :�.0?7. Subd. 3. Fees and expenses.The licensee shzll pa}•t:: costs of a� examinztion or :�. � ,.,"'�, in�•estigation in the ra�;,er p;o��ided under section 60.�.03, subdi�ision �. � .� His;orv: 1991 c:Ga s 7 _ ' : �3.�.09 P01�'ERS; LJ�IIT.�TIO\S; PROHIBITIO�S. i 'J�",- A currenc}�exchznge r,.a}•not accept mor.e�•or curre-c�•,`or deposit,or act as baiJez :' �� or aeer.t for persons, fi�;,:s, pa;tnerships, associations, or co;porations to hold money � -. �� or cur;ency in esc;o�ti•`or others for a�y purpese. Ho��e��er, a cu;rency exchange r.:ay '- �' i� • act as a�ent for the iss�er ef money ordz;s or tra�•elers' c;,ecks. * - � Histon•: 19d9 c?�7 s 9 �'. '"� � a , �3.�.10 �ZOL�TIO\S. s �'$� Any person,firm,zssociation,p2rt�zrship,or corpo;a�ion thzt�•ioJates Law•s 19�59, . � chapter 247, shall be guilty of a misde„�eanor. � `�` History: 19�9 c?97 s 10 "'�� Y �3.�.11 B003�S OF ACCOli\T; Ati\UAI,REPORT. 4 �'� _1 The licensee shall keep and use in the licensee's business the books,accounts,and records that w�ill enabJe the commissioner to determine w•hether the licensee is comply- _ ing w•ith the pro�•isions of Law•s 1939, chapter 247, and w�th the rvles adopted by tbe � 4 1 1 ! ,�ti~ �'�. . ^��: — ' --.+... ;.. -- .� - — ,�e+�+- �� ~.- r� ��•;!��v ` �y'�� S� �• � �V ^ � I I .w '_�..:.i�.�� : �A.11 CL'RRE�Cl'_`:C}ia�CES '� �'-'`'��'=;�:-_,-:�=�:: 1'S2 � � �' � �: � �'L�° ` ' comrr.issioner. .� ;:censee shall presen�e the boo�s accounu, znd records for at least ��+ _ '°s--ti�.Tf;"�� - t��o }•ea;s after i-=;;,,g the 5n�1 entry. � ::� - _-- -- . �-=_ �3 History: 19r�c%97 s 11 ��T "'�'� ��'�=,- 53.�.12 RtZE` � :��'a'_�-".=�:��`�.��s:^ s. - 1�=�t-:=�t T'•_- The comm:sso-er nay adopt rules under chap,er 14 �s may be r.ecessary to - �z`��"�-�.� adninister and c-._:ce this chapter. ' ^��.,-��K~��_- Histon•: 19�?c?97 s 12 11y� �-T��- '`"�=.~ -Xie;.^r�:'�_,��'y�� =_;:�^��?'=;,��r. �3.�.13 FEE \0 i ICE; F.�I.SE .�.D�'ERTISI\G; PE\.�I.IY. az:: �,�. : ,i; ��..� '_ Subdi��ision l. Fee notice. The fees charEed by currency excl;anges for ren�ering �'��' r zny sen•ice au�hc=z.d by this act nust be proninentl�• displa�•ed on the p;emises of _��-::'-w:�--�- - �--�=;�':�-:.:-'�' the cur;enc exc�:�-ce in the fashioa required by the com,r,issioner. :?:s-:'=T::��;:: y - �"°-=—�- Subd. . Fa._� =drertisin . .4 ]ice,see ma not zd�•erise, rint, displ2y, publis5, �':�,�-:��,--:��=_ ? ��' g Y P '�5-=�_;�'F`a�: "� d;stribute, or brc��c�st a7)' Siatemer.t or representation the1 ]S ;alse, T]');5�22�1,£, Or . .. ��:�: =�<rLa�'•--1.�.�-: '�;:Y��="�;;= decepti�•e, or thzt c-::u material infor,;,ation. �f�'�`'q��`�� - Subd. 3.Ci�;l liabilit��;penalt�•..-�person w�ho�•iolates ar,}•subdi.•ision of this chap- �'?��+..R`r C r:+ ^�.1�-�.. ��,��;;�,��,.- ter is liable to the�::son damaeed b}•the��iola;ion for actual damaees.The ceurt may _'°==`_�h.::�`��'� aw•zrd reason�b;e c.;orney fees and costs. ��- s:_ .. _��= Historr•: 1989 c ?47 s 13 � ��r� 53.4.14 [Repea':^. l 992 c 504 s fi] . �,��:;. .��I_ �.' :��5-�Y. �., � ♦'�.. � y��y _ � Y','r��T�;j. . `�`��s- �3'ti�r _��Ci ��: ��hf�w' �ir(yy-��, ..��: ♦ ��K��srt�, Y�� i�l�.t.`wr �„�� - IT t�- /;� —�•. .3 � � '+�TS ti i _�� Y;: R k:- ��.Y��q ``�'-}".��-:^. �� `��. :�i; .4 Yv �� . . �- - ,�� >�� .,`�� : ,<, t.y.-;.�: �.K �a��: . , � ` : . t ,c� ��,�...._r-4�y`c�: .r ---�--•---•---. ... . i:s-+`� • �_`3'�-�..,��Z � , #.--��i •�."'r�� r.��.g�{�'7`a ., _ � � �� 169 CL'RFE�C1'E\CHA\GES 53.4.03 �'' :".��"`' � :` CH.-�PTER � j . �C�� ` - �� 3�. � � .� � �i �lyti ' � � ,3�,�-��''rc��'�r�t�.�� -�� CliRRE\CY E�CH��GES ^�_ - -t� _ _��._ � `:A.G3 ;p;!ir;ic�,`or licrzse:fe:s. '�4�� 53.4.03 .�PPLICATIO\ FOR LICE\SE; FEES. - �'-� (a) .4n application fer a license ;nast be in ��ritir.E. �_-der ezth, and in the form �' � < pre_cribed 'c�d iLfT;)_}'ied �}'ihe co::,r;,iss d c• ' �- r � '°" ` , � ioner an mt.� ct�n,�;n t:,e ,011o��ing: . � (1) the;uil nzme�r.d�ddress(bo,h of resi�ence�nd_'ace of business)ofthe appJi- -r �'�� c�nt, �nd ;'f:he �pp � ' �+-,' « '�.� .�� 7Cci T ;S 3 p�;�r.er.,.�p er a__oci��ic-, c�f z��ery nenber, eAC� i}'i8 �,� name and busir.ess address if the applica,t is a co Yo;z;:c-,; " r��°`'- � � �`� m-``�.� (2) the cou„ty �nd municipali;v, a�ith street and r._-;'�er, if znv, of zll cur;ency �%� - exch2nge loc<<;o^s oper�ted by the �rplicant; znd � ��) the�ppiicznt�S OCCL}^,a130�Ci�,-0�2S5;o�,for the::-:�'22;S 7:7i�Tiediatel}•p;eced- � i�g the app?ic<<;en; p,esent er p;e��io;:S CO�i]ZC170A �.'iih �-��other cu„ency exchc;7fe in this or any Q:her st�te;��',}i2iPci i;?t e��1Ce;;I }i�s e��er;:;� convicted of cP.V crine; �' a,d the nature of the � lic�nt's occ�_ ' �` PP p�::cy of the pre:,,:_.s to be licensed; and if the �pplic�nt is a p�,^,nership or a co ro;z,;on,the info;m�;:c�- srec;,`,ed in t:�is p2r�er2ph `�`�� m�st be suppl�ed ;or ec'C;l }ci i�2f c;id e�ch oncer e;1d �:';:iOf Of ihe co;�o;2tion. Jf � �"' ihe�pp?ica;;l:5 2�7c;c^ersh:�7 Cf 2^-0'�t u�!;Ci�';;2�d COnO;c;:C;1,�;?e;�iOTTi')ci70� 5}7��1- '' � fied in this pci2£:e�5 T`!L'S1 L�C ;2CL1;c� G{2cC}l �zrner�'� ;cC�l O;7CEr, director, 2i;d stockho;ce;s ou�r.ing in exczss ofte� rercent ofthe co;�o-�:; s,pck oi ihe corpo;ation. (b) The c}r�7C2I70:1 S}l'c�� C cCCOT,YeL�;�d �V g ;70ri;;',;',��Z tEe of 52:0 for ii?C �� re�•iea• ef t'�e ;nival applic�tion. L'tci zpp;o��al b�• the c•�-:,,iscioaer, zn a �+ ddi,.onzl .� �1C21]Se r2e Gf 5��TiUST tJC�c74�J\'i};e e�r�1Cc?]1 i5 2:1 c;:P.L'��:1Ce;�5C�eC iOT 1�C,-2fP.21;I- � e der of the calendzr�ear..�n 2nnu�1 license fee of 5=0 is c::;:er e�ch subsecuent czlen- dar ��ear of ope.*�tien epon SL'b:;�;ssie� cf a licence rene•-a1 applic<iien en or before a $ep;ember 1. Fees ii:L'ST tiJG �f}'�OS);2d ;A i�C SiciC i;f2SU;1'c'd c;edi;ed to the generzl fund. L'pon pa�,;,ent of the reoui;ed �,�uzl license fee, :=: commissioner shall issue a licer,se for the ��ear beginnir.g?�nLZ;�� 1. (c) The co�;,n;ssioner s;;a��*CC�Li�C the�ppJic�nt to s•`•-;it to a bzckground in�•es- tigztion conduaed by;he bureau of c;;mi��l �pp,-ehensioa�s a conditioa of licensure. As pa;t ofthe b�c}:F:ound in�•estigz;iea,t';e bure�u ofcri^:-a1 app;ehension shall con- �� duct crimin�l h;s:on�checks of'�4in:,eso:a;eco,-cs and is r�:'>.oriied to excr,ange 5neer- prints a�iih �he Fede;al Bure�u of Ir,��est;ga:ion for ,�e purpese of a crimin�l backerovnd chzck ct�he nation�l files. Tt�e cost ef the i-•.es;;gztion must be p2;d by the applicant. �} (d) For pu,--�,.eses of this sec:ion, `a,plicant" includes a� emplo�•ee ��'�o exercises ��, manaeement or po)icy control o��er:he co;np��y,2 directe,-:aa o,�cer,a)inited or een- � eral partner,a manzger,or a shareho!�er holdir,g nore th��:;��ercent ofthe outstand- � ing stock of the corporaiion. � r x;scon�: I993 c.354 s 1 �- ;� . :�=�� .. ,,.,. : . .� , =� �-�.-� y �.. i 1_i . a..- .xt�a� �� + ��• 'ti. 'F` �� °�i'^�� ati��.r-��'�� •.'.5��4_;-�.[:,:+'_Atx: '.:3�� KY��rJ J. �.�- =ir'�_.'-"�`` .os: ��'��_�-��w�'v�� VJ�•'�f.a�:'f�..�' .ti OFFICE OF LICENSE,INSPECTIONS A.�1D ENVIRONMENTAL PROTECTION Robert Kessler,Director °�� - I ��'1 CITY OF SAINT PAUL L06VRY PROFESS/ONAL Telephone:6I2-266-9090 Norm Coleman,Mayor BUILDING Facsimile: 6l2-266-9099 Suite 300 612-266-9124 350 St.Peter Street SarntPaul,Minnesota SSI02-ISIO �� September 23, 1996 Cary Geller 6145 Arctic Way Edina, MN 55436 Re: Currency Exchange License Application Dear: Mr. Geller: The City of Saint Paul Office of License, Inspections and Environmental Protection has received notification from the Minnesota Department of commerce of your currency exchange license application for �heck Express Minnesota at 1532 West University Avenue #100, Saint Paul, Minnesota 55104. Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the local governing body after published notice and hearing. The hearing will be conducted by an administrative law judge on behalf of the Council of the City of Saint Paul. The hearing will be held Tuesday, October 1, 1996 at 9:45 a.m. in the Ramsey County Courthouse, room 42, 15 West Kellog Boulevard, Saint Paul, Minnesota. Your attendance at this hearing is extremely important, especially if any adverse testimony is presented to which you wish to respond. The Saint Paul Legislative Code Section 381.02(c) directs the license applicant to pay a fee to the City covering the costs of administering and processing the cunency exchange application. The fee for this application is $317.00 and must be paid within (15) days of the receipt of this letter. The Code further requires the applicant to reimburse the City for its costs in conducting the hearing(s) prescribed by State Law. You may be billed for those costs after the hearing(s). � � - ��°�'� For your convenience, a copy of the notice of hearing as well as the City Ordinance Section 381 has been enclosed. If you have any questions, please contact Christine Rozek at 266-9108. Sincerely, � � Troy Gilbertson, License Enforcement Auditor Enclosure cc: Virginia Palmer, Assistant City Attomey OFFICE OF LICENSE,INSPECTIONS AND ENVIRONMENTAL PROTECTION Robert Kessler,Direcror � � � I� Irj CITY OF SAINT PAUL LICENSEAND Telephone:612-266-9100 Norm Coleman,Mayor INSPECTIONS Facsimile.•612-266-9124 350 St.Peter Street Suite 300 SaintPaul,Minnesota 55102 �� NOTICE OF PUBLIC HEARING Currency Exchange License Application of Check Express Minnesota 1532 West University Avenue #100 Saint Paul, Minnesota 55104 Office of Administrative Hearings on the behalf of the COUNCIL OF THE CITY OF SAINT PAUL PLEASE TAKE NOTICE that testimony will be taken from interested persons, including those in the community with respect to the application of Check Express Minnesota to operate a currency exchange by license issued under Minn. Stat. §53A.02. Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the governing body, after published notice and hearing, within 60 days after receipt of the application. The hearing will be conducted by an administrative law judge from the Minnesota Office of Administrative Hearings, on behalf of the Councit of the City of Saint Paul. His or her report, and recommendation for action, will be forwarded to the Council for its action. Date of Public Hearing:Tuesday October 1, 1996 Time :9:45 a.m. Location of Public Hearing: Ramsey County Courthouse Room 42, Lower Level 15 West Kellog Boulevard St. Paul, Minnesota 55102 If you have any questions, please call Christine Rozek, Office of License, Inspections and Environmental Protection at 266-9108. Chapter 381. Currency Exchanges �� `�� Sec. 381.01. State license required; definition. No person shall engage in the business of a currency exchange in Saint Paul without a license as provided by Minnesota Statutes Chapter 53A (C.F. No. 94-46, � 2, 2-2-94) Sec. 381.02. Procedures; hearing; fee. (a)Pr•oceda�r•es. Upon receipt of a completed application from the commissioner of commerce for either a new license or the renewal of an existing license, the matter shall be referred to the office of license, inspections and environmental protection for initiation of a hearing as required by state law within the period allowed for the response of the governing body. The hearing shall be for the purpose of taking testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located, as required by law, and upon grounds or issues as to which notice has been given in accordance with the requireinents of sections 310.05 and 310.06 of the Legislative Code. The said office shall publish and give notice as required by law. (b)Heczring. The hearing shall be held before an independent hearing examiner in conformity with the provisions of sections 310.05 and 310.06 of the Legislative Code, and the rules of the office of administrative hearings, to the extent such rules are not in conflict with sections 310.05 and 310.06. (c) Fee; costs. The applicant shall pay, within fifteen (15) days following receipt of the application by the city, a fee covering the costs of administering and processing the application in an amount to be established in conformity with the procedures in section 310.09(b) of the Legislative Code. The applicant shall also reimburse the city, within fifteen (15) days following action by the city council on the application, for its costs in conducting the hearing or hearings prescribed by state law, includina publication costs and the cost of the administrative proceedings and hearing before an independent hearing examiner. (C.F. No. 94-46, � 3, 2-2-94) Sec. 381.03. Gi•ounds for disapprov�l, etc. (a)Disappr•oval. The council may by resolution disapprove an application and, if so, shall state therein its reasons for so doing. It may adopt in whole or in part the findings of fact and conclusions of law of the independent hearing examiner and may amend the same to conform to its decision on the record and the testimony. Notice of the disapproval may be communicated to the commissioner of commerce before the effective date of any such resolution where necessary to avoid a presumption of concurrence. � � � � �`�� (b) Gy�vurrds fvr�disapproval. Disapproval of an application may be based on one (1) or more of the following grounds, in addition to any other ground allowed by law: (1) Violation of any provision of the state currency exchange law contained in Chapter 5;A. (2) Any one (1) or more ofthe reasons, conditions, or standards for adverse action under section 310.06 of the Legislative Code. (3) Failure of the applicant to pay the city fee and costs prescribed above. (4) (i) The location of a new currency exchange as proposed would cause significant adverse consequences or impacts upon the neiahborhoods within three hundred (300) feet of the exchange. Such anticipated effect must be shown by clear and convincina evidence. (ii) The existing currency exchange has caused significant adverse consequences or impacts upon the neighborhoods within three hundred (300) feet of the exchange. (5) Failure of the applicant to agree to reasonable conditions upon the operation of the business in accordance with the procedures in section 310.05 and the grounds of � 310.06. Such conditions could include, but are not limited to, hours of operation, of�street parking requirements, bonding in an amount greater than that required by state law, and annual audits at the licensee's expense. (6) The applicant is not of good moral character and repute and/or is unfit to operate such a business. (7) The applicant is not at least eighteen (18) years of age. (8) The applicant is not the real party in interest in the application. (9) The location of the business for which a new currency exchange license is sought is within one-half mile of an existing currency exchange licensed by the state. (10)) The applicant or its proposed business location does not comply with applicable zoning, building, fire and health codes. (c)Per•sor�s and corpor•ations. If an applicant is a partnership, the application may be denied if there is a basis for denial as to any partner. If the applicant is a corporation, the application may be denied if there is a basis for denial as to any (i) shareholder holding more than five (5) percent of the outstanding or issued stock of the corporation, or (ii) officer or director of the corporation, or (iii) employee of the enterprise having policy or management control over the enterprise. (C.F. No. 94-46, § 4, 2-2-94) � � _ � ��t`� Sec. 381.04. Definitions. The following words and/or phrases shall have the followin� meaning when used in this chapter and in Chapter 310 of the Legislative Code. (a)Applicarrt. The term "applicant" includes persons, partnerships, firms and corporations and all other forms of business ventures. It also includes employees who exercise management or policy control over the enterprise, general and limited partners, shareholders of more than five (5) percent of the outstanding or issued shares of a corporation, and corporate managers, officers and directors. (b)Appliccrtion. The term "application" includes applications for both new and renewal licenses. (c)License. The term "license" refers to the state currency exchange license provided for in Minnesota Statutes Section 53A.02. (d) Curr•ericy exchange. The term "currency exchange" is defined in Minnesota Statutes Section 53A.01, subdivision 1. Currency exchange means any person, except a bank, trust company, savings bank, savings and loan association, credit union, or industrial loan and thrift ` company, engaged in the business of cashing checks, drafts, money orders or travelers' checks for a fee. Currency exchange does not include a person who provides these services incidental to the person's primary business if the charge for cashing a check or draft does not exceed one dollar ($1.00) or one (1) percent of the value of the check or draft, whichever is greater. (C.F. No. 94-46, § 5, 2-2-94) . , OFFICE OF LICENSE,NSPECTIONS AND ENVIRONMENTAL PROTECTION RobertKessler,Director f,�/ _ / � �/� ( �o � CITY OF SAINT PAUL LOWRY PROFESSIONAL Telephone:612-266-9090 Norm Coleman,Mayor BUILDING Facsimile: 6/2-266-9099 Suite 300 612-266-9124 350 St.Perer Street Saint Paul,Minnesota 55102-1 S10 �� September 23, 1996 Richard P. Krietzman 5520 24th Avenue South Minneapolis, MN 55417 Re: Currency Exchange License Application Dear: Mr. Krietzman: The City of Saint Paul Office of License, Inspections and Environmental Protection has received notification from the Minnesota Department of commerce of your cunency exchange license application for Check Fxpress Minnesota at 1532 West University Avenue #100, Saint Paul, Minnesota 55104. Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the local governing body after published notice and hearing. The hearing will be conducted by an admuustrative law judge on behalf of the Council of the City of Saint Paul. The hearing will be held Tuesday, October 1, 1996 at 9:45 a.m. in the Ramsey County Courthouse, room 42, 15 West Kellog Boulevard, Saint Paul, Minnesota. Your attendance at this hearing is extremely important, especially if any adverse testimony is presented to which you wish to respond. The Saint Paul Legislative Code Section 381.02(c) directs the license applicant to pay a fee to the City covering the costs of administering and processing the cunency exchange application. The fee for this application is $317.00 and must be paid within (15) days of the receipt of this letter. The Code further requires the applicant to reimburse the City for its costs in conducting the hearing(s) prescribed by State Law. You may be billed for those costs after the hearing(s). �� r �� For your convenience, a copy of the notice of hearing as well as the City Ordinance Section 381 has been enclosed. If you have any questions, please contact Christine Rozek at 266-9108. Sincerely, � � � Troy Gilbertson, License Enforcement Auditor Enclosure cc: Virginia Palmer, Assistant City Attorney OFFICE OF LICENSE,INSPECTIONS AND ENVIRONMENTAL PROTECTION Robert Kessler,Director (�,� � _ I �q n .,1 � � � CTI'Y OF SAINT PAUL LICENSEAND Telephone:611-266-9100 Norm Coleman,Mayor INSPECTlONS Facsimrle:612-266-9114 350 St.Peter Street Suite 300 SaintPaul,Minnesota 55102 �� NOTICE OF PUBLIC HEARING Currency Exchange License Application of Check Express Minnesota 1532 West University Avenue #100 Saint Paul, Minnesota 55104 Office of Administrative Hearings on the behalf of the COUNCIL OF THE CITY OF SAINT PAUL PLEASE TAKE NOTICE that testimony will be taken from interested persons, including , those in the community with respect to the application of Check Express Minnesota to operate a currency exchange by license issued under Minn. Stat. §53A.02. Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the governing body, after published notice and hearing, within 60 days after receipt of the application. The hearing will be conducted by an administrative law judge from the Minnesota Office of Administrative Hearings, on behalf of the Council of the City of Saint Paul. His or her report, and recommendation for action, will be forwarded to the Council for its action. Date of Public Hearing:Tuesday October 1, 1996 Time :9:45 a.m. Location of Public Hearing: Ramsey County Courthouse Room 42, Lower Level 15 West Kellog Boulevard St. Paul, Minnesota 55102 If you have any questions, please call Christine Rozek, Office of License, Inspections and Environmental Protection at 266-9108. � � � � �� Chapter 381. Currency Exchanges Sec. 381.01. State license required; definition. No person shall engage in the business of a currency exchange in Saint Paul without a license as provided by Minnesota Statutes Chapter 53A. (C.F. No. 94-46, § 2, 2-2-94) Sec. 381.02. Procedures; hearing; fee. (a)Procedures. Upon receipt of a completed application from the commissioner of commerce for either a new license or the renewal of an existing license, the matter shall be referred to the office of license, inspections and environmental protection for initiation of a hearing as required by state law within the period allowed for the response of the governing body. The hearing shall be for the purpose of taking testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located, as reyuired by law, and upon grounds or issues as to which notice has been given in accordance with the requirements of sections 310.05 and 310.06 of the Legislative Code. The said office shall publish and give notice as required by law. (b)Hearing. The hearing shall be held before an independent hearing examiner in conformity with the provisions of sections 310.05 and 310.06 of the Legislative Code, and the rules of the office of administrative hearings, to the extent such rules are not in conflict with sections 310.05 and 310.06. (c)Fee; costs. The applicant shall pay, within fifteen (15) days following receipt of the application by the city, a fee covering the costs of administering and processing the application in an amount to be established in conformity with the procedures in section 310.09(b) of the Legislative Code. The applicant shall also reimburse the city, within fifteen (15) days following action by the city council on the application, for its costs in conducting the hearing or hearings prescribed by state law, including publication costs and the cost of the administrative proceedings and hearing before an independent hearing examiner. (C.F. No. 94-46, § 3, 2-2-94) Sec. 381.03. Grounds for disapproval, etc. (a)Disapproval. The council may by resolution disapprove an application and, if so, shall state therein its reasons for so doing. It may adopt in whole or in part the findings of fact and conclusions of law of the independent hearing examiner and may amend the same to conform to its decision on the record and the testimony. Notice of the disapproval may be communicated to the commissioner of commerce before the effective date of any such resolution where necessary to avoid a presumption of concurrence. , . � �-- � �� (b) Grounds for disapproval. Disapproval of an application may be based on one (1) or more of the following grounds, in addition to any other ground allowed by law: (1) Violation of any provision of the state currency exchange law contained in Chapter 53 A. (2) Any one (1) or more of the reasons, conditions, or standards for adverse action under section 310.06 of the Legislative Code. (3) Failure of the applicant to pay the city fee and costs prescribed above. (4) (i) The location of a new currency exchange as proposed would cause significant adverse consequences or impacts upon the neighborhoods within three hundred (300) feet of the exchange. Such anticipated effect must be shown by clear and convincing evidence. (ii) The existing currency exchange has caused significant adverse consequences or impacts upon the neighborhoods within three hundred (300) feet of the exchange. (5) Failure of the applicant to agree to reasonable conditions upon the operation of the business in accordance with the procedures in section 310.05 and the grounds of 310.06. Such conditions could include, but are not limited to, hours of operation, of�street parking requirements, bonding in an amount greater than that required by state law, and annual audits at the licensee's expense. (6) The applicant is not of good moral character and repute and/or is unfit to operate such a business. (7) The applicant is not at least eighteen(18) years of age. (S) The applicant is not the real party in interest in the application. (9) The location of the business for which a new currency exchange license is sought is within one-half mile of an e�cisting currency exchange licensed by the state. (10)) The applicant or its proposed business location does not comply with applicable zoning, building, fire and health codes. (c)Persons and corporations. If an applicant is a partnership, the application may be denied if there is a basis for denial as to any partner. If the applicant is a corporation, the application may be denied if there is a basis for denial as to any (i) shareholder holding more than five (5) percent of the outstanding or issued stock of the corporation, or(ii) officer or director of the corporation, or (iii) employee of the enterprise having policy or management control over the enterprise. (C.F. No. 94-46, § 4, 2-2-94) a C ' I 3 I � Sec. 381.04. Def nitions. The following words and/or phrases shall have the following meaning when used in this chapter and in Chapter 310 of the Legislative Code. (a)Applicant. The term "applicant" includes persons, partnerships, firms and corporations and all other forms of business ventures. It also includes employees who exercise management or policy control over the enterprise, general and limited partners, shareholders of more than five (5) percent of the outstanding or issued shares of a corporation, and corporate managers, officers and directors. (b)Application. The term "application" includes applications for both new and renewal licenses. (c)License. The term "license" refers to the state currency exchange license provided for in Minnesota Statutes Section 53A.02. (d) Currency exchange. The term "currency exchange" is defined in Minnesota Statutes Section 53A.01, subdivision 1. Currency exchange means any person, except a bank, trust , company, savings bank, savings and loan association, credit union, or industrial loan and thrift company, engaged in the business of cashing checks, drafts, money orders or travelers' checks for a fee. Currency exchange does not include a person who provides these services incidental to the person's primary business if the charge for cashing a check or draft does not exceed one dollar ($1.00) or one (1) percent of the value of the check or draft, whichever is greater. (C.F. No. 94-46, § 5, 2-2-94) e i OFFICE OF LICENSE,INSPECTIONS AND ENVIRONMENTAL PROTECTION Robert Kessler,Director `� � '��`+�l CITY OF SAINT PALTL GOWRY PROFESS/ONAL Telephone.•612-266-9090 Norm Coleman,Mayor BUlLDING Facsimile: 6l2-266-9099 Suite 300 612-166-91?-1 350 St.Peter Street Saint Patd,Minnesota 55102-1 SIO w September 23, 1996 Cary Geller 6145 Arctic Way Edina, MN 55436 Re: Currency Exchange License Application Dear: Mr. Geller: The City of Saint Paul Office of License, Inspections and Environmental Protection has received notification from the Minnesota Department of commerce of your currency exchange license application for Check Express Minnesota at 1532 West University Avenue #100, Saint Paul, Minnesota 55104. Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the local governing body after published notice and hearing. The hearing will be conducted by an administrative law judge on behalf of the Council of the City of Saint Paul. The hearing will be held 'I�esday, October 1, 1996 at 9:45 a.m. in the Ramsey County Courthouse, room 42, 15 West Kellog Boulevard, Saint Paul, Minnesota. Your attendance at this hearing is extremely important, especially if any adverse testimony is presented to which you wish to respond. The Saint Paul Legislative Code Section 381.02(c) directs the license applicant to pay a fee to the City covering the costs of administering and processing the cunency exchange application. The fee for this application is $317.00 and must be paid within (15) days of the receipt of this letter. The Code further requires the applicant to reimburse the City for its costs in conducting the hearing(s) prescribed by State Law. You may be billed for those costs after the hearing(s). �( � -��1 For your convenience, a copy of the notice of hearing as well as the City Ordinance Section 381 has been enclosed. If you have any questions, please contact Christine Rozek at 266-9108. Sincerely, � � Troy Gilbertson, License Enforcement Auditor Enclosure cc: Virginia Palmer, Assistant City Attorney OFFICE OF LICENSE,INSPECTIONS A,�ID ENVIRONMENTAL PROTECTION RobertKessler,Drrector � � � �� CITY OF SAINT PAUL LICENSEAND Telephone:612-266-9J00 Norm Coleman,Mayor INSPECTIONS Facsimile:612-266-9124 350 St.Peter Street Suile 300 Saint Pau1,Minnesota 55102 i NOTICE OF PUBLIC HEARING Currency Exchange License Application of Check Express Minnesota 1532 West University Avenue #100 Saint Paul, Minnesota 55104 Office of Administrative Hearings on the behalf of the COUNCIL OF THE CITY OF SAINT PAUL PLEASE TAKE NOTICE that testimony will be taken from interested persons, including those in the community with respect to the application of Check Express Minnesota to operate a currency exchange by license issued under Minn. Stat. §53A:02. Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the governing body, after published notice and hearing, within 60 days after receipt of the application. The hearing will be conducted by an administrative law judge from the Minnesota Office of Administrative Hearings, on behalf of the Council of the City of Saint Paul. His or her report, and recommendation for action, will be forwarded to the Council for its action. Date of Public Hearing:Tuesday October 1, 1996 Time :9:45 a.m. Location of Public Hearing: Ramsey County Courthouse Room 42, Lower Level 15 West Kellog Boulevard St. Paul, Minnesota 55102 If you have any questions, please call Christine Rozek, Office of License, Inspections and Environmental Protection at 266-9108. � � - `�q � Chapter 381. Currency Exchanges Sec. 381.01. State license required; definition. No person shall engage in the business of a currency exchange in Saint Paul without a license as provided by Minnesota Statutes Chapter 53A. (C.F. No. 94-46, fi 2, 2-2-94) Sec. 381.02. Procedures; hearing; fee. (a)Pr•ocedz�res. Upon receipt of a completed application from the commissioner of commerce for either a new license or the renewal of an existing license, the matter shall be referred to the office of license, inspections and environmental protection for initiation of a hearing as required by state law within the period allowed for the response of the governing body. The hearing shall be for the purpose of taking testimony from interested persons, including those in the community in which the applicant is located or is proposina to be located, as required by law, and upon grounds or issues as to which notice has been given in accordance with the requireinents of sections 310.05 and 310.06 of the Legislative Code. The said office shall publish and give notice as required by law. � (b)Hearing. The hearing shall be held before an independent hearing examiner in conformity with the provisions of sections 310.05 and 310.06 of the Legislative Code, and the rules of the office of administrative hearings, to the extent such rules are not in conflict with sections 310.05 and 310.06. (c) Fee; costs. The applicant shall pay, within fifteen (15) days following receipt of the application by the city, a fee covering the costs of administering and processing the application in an amount to be established in conformity with the procedures in section 310.09(b) of the Legislative Code. The applicant shall also reimburse the city, within fifteen (15) days following action by the city council on the application, for its costs in conducting the hearing or hearings prescribed by state law, including publication costs and the cost of the administrative proceedings and hearing before an independent hearing examiner. (C.F. No. 94-46, � 3, 2-2-94) Sec. 381.03. Grounds for dislpproval, etc. (a)Disapproval. The council may by resolution disapprove an application and, if so, shall state therein its reasons for so doing. It may adopt in whole or in part the findings of fact and conclusions of law of the independent hearing examiner and may amend the same to conform to its decision on the record and the testimony. Notice of the disapproval may be communicated to the commissioner of commerce before the effective date of any such resolution where necessary to avoid a presumption of concurrence. �� _- i ��,'7 (b) Grounds fvr discrpproval. Disapproval of an application may be based on one (1) or more of the followinJ grounds, in addition to any other ground allowed by law: (1) Violation of any provision of the state currency exchange law contained in Chapter 53A. (2) Any one (1) or more of the reasons, conditions, or standards for adverse action under section 310.06 of the Legislative Code. (3) Failure of the applicant to pay the city fee and costs prescribed above. (4) (i) The location of a new currency exchange as proposed would cause significant adverse consequences or impacts upon the neighborhoods within three hundred (300) feet of the exchange. Such anticipated effect must be shown by clear and convincina evidence. (ii) The existing currency exchange has caused significant adverse consequences or impacts upon the neighborhoods within three hundred (300) feet of the exchange. (5) Failure of the applicant to agree to reasonable conditions upon the operation of the business in accordance with the procedures in section 310.05 and the grounds of � 310.06. Such conditions could include, but are not limited to, hours of operation, off-street parking requirements, bondina in an amount greater than that required by state law, and annual audits at the licensee's expense. (6) The applicant is not of good moral character and repute and/or is unfit to operate such a business. . (7) The applicant is not at least eighteen (18) years of age. (8) The applicant is not the real party in interest in the application. (9) The location of the business for which a new currency exchange license is sought is within one-half mile of an existing currency exchange licensed by the state. (10)) The applicant or its proposed business location does not comply with applicable zoning, building, fire and health codes. (c)Persor7s crnd corpor•ations. If an applicant is a partnership, the application may be denied if there is a basis for denial as to any partner. If the applicant is a corporation, the application may be denied if there is a basis for denial as to any (i) shareholder holding more than five (5) percent of the outstanding or issued stock of the corporation, or (ii) officer or director of the corporation, or (iii) employee of the enterprise having policy or management control over the enterprise. (C.F. No. 94-46, § 4, 2-2-94) � � I �� ,� Sec. 381.04. Definitions. The following words and/or phrases shall have the followin� meaning when used in this chapter and in Chapter 310 of the Legislative Code. (a)Applicant. The term "applicant" includes persons, partnerships, firms and corporations and all other forms of business ventures. It also includes employees who exercise management or policy control over the enterprise, general and limited partners, shareholders of more than five (5) percent of the outstanding or issued shares of a corporation, and corporate managers, officers and directors. (b)Appliccrtion. The term "application" includes applications for both new and renewal licenses. (c)License. The term "license" refers to the state currency exchange license provided for in Minnesota Statutes Section 53A.02. (d) Currericy exchcrnge. The term "currency exchange" is defined in Minnesota Statutes Section 53A.01, subdivision 1. Currency exchange means any person, except a bank, trust company, savings bank, savings and loan association, credit union, or industrial loan and thrift company, engaged in the business of cashing checks, drafts, money orders or travelers' checks for a fee. Currency exchange does not include a person who provides these services incidental to the person's primary business if the charge for cashing a check or draft does not exceed one dollar ($1.00) or one (1) percent of the value of the check or draft, whichever is greater. (C.F. No. 94-46, § 5, 2-2-94) r r OFFICE OF LICENSE,INSPECTIONS AND ENVIRONMENTAL PROTECTIOti �� `� �� C�j� Robert Kessler,Director � CITY OF SAINT PAUL LOWRY PROFESSIONAL Telephone:612-266-9090 Norm Coleman,Mayor BUILDING Facsimile: 612-266-9099 Suite 300 612-266-912a 350 St.Peter Street SaintPaul,Minnesota 55102-I510 �� September 23, 1996 Richard P. Krietzman 5520 24th Avenue 5outh Minneapolis, MN 55417 Re: Cunency Exchange License Application Dear: Mr. Krietzman: The City of Saint Paul Office of License, Inspections and Environmental Protection has received notification from the Minnesota Department of commerce of your cunency exchange license application for Check Express Minnesota at 1532 West University Avenue #100, Saint Paul, Minnesota 55104. Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the local governing body after published notice and hearing. The hearing will be conducted by an administrative law judge on behalf of the Council of the City of Saint Paul. The hearing will be held 1�esday, October 1, 1996 at 9:45 a.m. in the Ramsey County Courthouse, room 42, 15 West Kellog Boulevard, Saint Paul, Minnesota. Your attendance at this hearing is extremely important, especially if any adverse testimony is presented to which you wish to respond. The Saint Paul Legislative Code Section 381.02(c) directs the license applicant to pay a fee to the City covering the costs of administering and processing the currency exchange application. T'he fee for this application is $317.00 and must be paid within (15) days of the receipt of this letter. The Code further requires the applicant to reimburse the City for its costs in conducting the hearing(s) prescribed by State Law. You may be billed for those costs after the hearing(s). � �-1� l� For your convenience, a copy of the notice of hearing as well as the City Ordinance Section 381 has been enclosed. If you have any questions, please contact Christine Rozek at 266-9108. Sincerely, � � �� Troy Gilbertson, License Enforcement Auditor Enclosure cc: Virginia Palmer, Assistant City Attorney OFFICE OF LICENSE,INSPECTIONS AND ENVIRONMENTAL PROTECTION 4 1 �n � Robert Kessler,Director � � I �� CITY OF SAINI'PAUL LICENSEAND Telephone:612-266-9100 Norm Coleman,Mayor INSPECTIONS Facsimrle:612-266-9124 350 St.Peter Street Surte 300 SaintPaul,Minnesota 55102 �� NOTICE OF PUBUC HEARING Currency Exchange License Application of Check Express Minnesota 1532 West University Avenue #100 Saint Paul, Minnesota 55104 Office of Administrative Hearings on the behalf of the COUNCIL OF THE CITY OF SAINT PAUL PLEASE TAKE NOTICE that testimony will be taken from interested persons, including , those in the community with respect to the application of Check Express Minnesota to operate a currency exchange by license issued under Minn. Stat. §53A.02. Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the governing body, after published notice and hearing, within 60 days after receipt of the application. The hearing will be conducted by an administrative law judge from the Minnesota Office of Administrative Hearings, on behalf of the Council of the City of Saint Paul. His or her report, and recommendation for action, will be forwarded to the Council for its action. Date of Public Hearing:Tuesday October 1, 1996 Time :9:45 a.m. Location of Public Hearing: Ramsey County Courthouse Room 42, Lower Level 15 West Kellog Boulevard St. Paul, Minnesota 55102 If you have any questions, please call Christine Rozek, Office of License, Inspections and Environmental Protection at 266-9108. �� - `�'� Chapter 381. Currency Exchanges L� Sec. 381.01. State license required; definition. No person shall engage in the business of a currency exchange in Saint Paul without a license as provided by Minnesota Statutes Chapter 53A. (C.F. No. 94-46, § 2, 2-2-94) Sec. 381.02. Procedures; hearing; fee. (a)Procedures. Upon receipt of a completed application from the commissioner of commerce for either a new license or the renewal of an existing license, the matter shall be referred to the office of license, inspections and environmental protection for initiation of a hearing as required by state law within the period allowed for the response of the governing body. 3 � The hearing shall be for the purpose of taking testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located, as required by law, and upon grounds or issues as to which notice has been given in accordance with the y't�.""'� requirements of sections 310.05 and 310.06 of the Legislative Code. The said office shall publish and give notice as required by law. (b)Hearing. The hearing shall be held before an independent hearing examiner in -3 G conformity with the provisions of sections 310.05 and 310.06 of the Legislative Code, and the . rules of the office of administrative hearings, to the e�ent such rules are not in conflict with sections 310.05 and 310.06. (c)Fee; costs. The applicant shall pay, within fifteen (15) days following receipt of the application by the city, a fee covering the costs of administering and processing the application in an amount to be established in conformity with the procedures in section 310.09(b) of the Legislative Code. The applicant shall also reimburse the city, within fifteen(15) days following - action by the city council on the application, for its costs in conducting the hearing or hearings prescribed by state law, including publication costs and the cost of the administrative proceedings and hearing before an independent hearing examiner. (C.F. No. 94-46, § 3, 2-2-94) Sec. 381.03. Grounds for disapproval, etc. (a)Disapproval. The council may by resolution disapprove an application and, if so, shall state therein its reasons for so doing. It may adopt in whole or in part the findings of fact and conclusions of law of the independent hearing examiner and may amend the same to conform to its decision on the record and the testimony. Notice of the disapproval may be communicated to the commissioner of commerce before the effective date of any such resolution where necessary to avoid a presumption of concurrence. ��, (� � l '� �'� (b) Grounds for disapproval. Disapproval of an application may be based on one(1) or more of the following grounds, in addition to any other ground allowed by law: (1) Violation of any provision of the state currency exchange law contained in Chapter 53A. (2) Any one (1) or more of the reasons, conditions, or standards for adverse action under section 310.06 of the Legislative Code. (3) Failure of the applicant to pay the city fee and costs prescribed above. (4) (i) The location of a new currency exchange as proposed woul ause significant adverse consequences or impacts upon the neighborhoods within three hundred (300)feet of the exchange. Such anticipated effect must be shown by clear and convincing evidence. (ii) The existing currency exchange ha�aused significant adverse consequences or impacts upon the neighborhoods within three hundred (300) feet of the exchange. (5) Failure of the applicant to agree to reasonable conditions upon the operation of the , business in accordance with the procedures in section 310.05 and the grounds of 310.06. Such conditions could include, but are not limited to, hours of operation, off-street parking requirements, bonding in an amount greater than that required by state law, and annual audits at the licensee's expense. (6) The applicant is not of good moral character and repute and/or is unfit to operate such a business. (7) The applicant is not at least eighteen(18)years of age. (8) The applicant is not the real party in interest in the application. (9) The location of the business for which a new currency exchange license is sought is within one-half mile of an existing currency exchange licensed by the state. (10)) The applicant or its proposed business location does not comply with applicable zoning, building, fire and health codes. (c)Persons and corporations. If an applicant is a partnership, the application may be denied if there is a basis for denial as to any partner. If the applicant is a corporation, the application may be denied if there is a basis for denial as to any(i) shareholder holding more than five (5) percent of the outstanding or issued stock of the corporation, or(ii) officer or director of the corporation, or (iii) employee of the enterprise having policy or management control over the enterprise. (C.F. No. 94-46, § 4, 2-2-94) �:-� iC�.- �'��'� Sec. 381.04. Definitions. The following words and/or phrases shall have the following meaning when used in this chapter and in Chapter 310 of the Legislative Code. (a)Applicant. The term "applicant" includes persons, partnerships, firms and corporations and all other forms of business ventures. It also includes employees who exercise management or policy control over the enterprise, general and limited partners, shareholders of more than five (5) percent of the outstanding or issued shares of a corporation, and corporate managers, officers and directors. (b)Application. The term "application" includes applications for both new and renewal licenses. (c)License. The term "license" refers to the state cunency exchange license provided for in Minnesota Statutes Section 53A.02. (d) Currency exchange. The term "currency exchange" is defined in Minnesota Statutes Section 53A.01, subdivision 1. Currency exchange means any person, except a bank, trust , company, savings bank, savings and loan association, credit union, or industrial loan and thrift company, engaged in the business of cashing checks; drafts, money orders or travelers' checks for a fee. Currency exchange does not include a person who provides these services incidental to the person's primary business if the charge for cashing a check or draft does not exceed one dollar ($1.00) or one (1)percent of the value of the check or draft, whichever is greater. (C.F. No. 94-46, § 5, 2-2-94)