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01-271Council File # O \ — el � �. ORIGINAL Presented By Referred To Crreen Sheet # � �'p'�nS o�s Committee: Date 1 WHEREAS, Cash-A-Check, LLC, d/b/a Money X Change, has applied to the Minnesota 2 Department of Commerce for a currency exchange license at 1676 Lexington Avenue; and 3 4 WHEREAS, pursuant to Minn. Stat.§53A the application was submitted to Saint Paul for 5 approval or disapproval; and 7 WHEREAS, the Office of License, Inspections and Environmental Protection has 8 recommended denial of the application because the location in question does not meet the 9 sepazation requirements of Saint Paul Legislative Code §60.542, in that the building in which the 10 business intends to locate is within 100 feet of a residentiallot; and - � 11 12 WHEREAS, the applicant appeared at the hearing before an Administrative Law Judge, 13 and the matter was heard on February 13, 2001, at which time�he Applicant stipulated that the 14 location in question was in violation of the zoning code, but requested time to determine if a 15 variance could be obtained; and 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, the ALJ issued Findings of Fact, Conclusions and a Recommendarion dated March 1, 2001, recommending denial of the license; and WHEREAS, after the ALJ issued his Report, the Applicant submitted a letter to the ALJ indicating his intention to withdraw tris application for a currency exchange license at that location; and WHEREAS, Saint Paul Legislative Code §381.03(b)(10), provides that a cuzrency exchange license may be disapproved if the applicant or its proposed business location does not comply with applicable zoning, building, fire and health codes; now, therefore, be it RESOLVED, that the City of Saint Paul recommends disapproval of the currency exchange license applicarion by Cash-A-Check, LLC, d/b/a Money X Change for the premises located at 1676 Lexington Avenue in Saint Paul to the Minnesota Department of Commerce. RESOLUTION CITY OF SAINT PAUL, MINNESOTA i a 3 4 5 o�-a.rn FLTRTHER RESOLVED, that the Findings of Fact, Conclusions and Recommendation of the ALJ shall be adopted as the findings of the City Council in this matter. n�� ...� , . � . . . ' Requested by Department of: Adoption Certified by Council Secretazy Bv: _�,�. 1 �- 4r, J°-'�" Approved by Mayos: Date Z f BY � � /�� By: Form Approved by City Att� By: Approved by Mayox for Submission to Council By: Adopted by Council: Date 1`�\___11� �\ a00� ��_ �`� coun�il Councilmember Reiter 266-8650 M3ICt1 21, 2��1 March 9, 2001 .a� TOTAL # OF SIGNATURE PAGES GREEN SHEET O l -a'1� No 110305 oe.�nrn�rowECiw Urnrcous�._ an�nonxtr ❑anmK s.uwrwa�u�ncesak ❑ wvwuetmmacere � Wlnrtlatnsasvortl ❑ (CL1P ALL LOCATIONS FOR SIGNATURE) Disapproval of the currency exchange license application by Cash-A-Check, LI.C, dba Money X Change, 1676 Lexington Avenue and adopting the Findings of Fac�; Conclusions of Law, and Recommendation of the Administrative Law Judge. PLANNING CAMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION IF APPROVED S RSONAL SERVICE CONiAACTS MUST ANSWEIt iHE FOLLOWING QUE57ION5: Nas this persoNfmm everworked untler a cwRract fwMis dePartmeM? VES NO Has this perso�✓firtn ever been a c.ity empbyee? YES NO Oces this persoNfirtn possess a sldll not normallypossessetl by any curtent city employee? YES NO Is this person/(fm a tarpeted vendoR VES NO COST/REVENUE BUDGETEC (CIRCLE ON� YES NO SOURCE ACTNINNUMBER INFORMATION �F]�WNj OFFICE OF THE CITY ATTORNEY C[ayton M Robinson, Jn, Ciry Attorney ("S .] CITY OF SAINT PAUL Norn� Colemnn, Mny�or February 21, 2001 crvrt orv�ro� 400 City Ha(! /i West Kellogg B(vd. Saint Pnul, Minnuotrs 55102 �,��, Te[epkorse: 651 266-87/0 Fncsimile: 65I 298-5619 L�ua�� °Sa2fCh {`i��l�?i NOTICE OF COUNCIL HEARING Mr. Mark Austin Smith Cash-A-Check ' � �� ' . �,rs ��3�i::,`. , , _ C/O Innovative Financiai Systems, Ina c� ., � �� 3459 Washington Drive, Suite 202 �� "° �� -s � Eagan, Minnesota 55122 RE: Currency Exchange License Application subm3tted by Cash-A-Check, LLC dJb/a Money X Change for the premises located at 1676 Lexington Avenue in St. Paul Dear Mr. Smith: Given the time constraints for a response to the Minnesota Department of Commerce on your application for a currency exchange license, and in anticipation of timely receipt of an Administrative Law Judge's report, we have scheduled this matter for public hearing in front of the Saint Paul City Council, City Council Chambers, Third Floor, Saint Paul City Hall, on Wednesday, March 7, 2001. Public heazings begin at 530 p.m.. If you have any questions, I can be reached at 651-266-8710. Sincerely, -�/ �� Virginia D. Palmer Assistant City Attomey cc: Mark A. Smith, Money X Change, 2431 West 7"' Street, St. Paul, MN 55114 Sherri Marzario, 16315 Victoria Curve, Prior Lake, MN 55372 LaVonRegan, Office ofAdministrativeHearings,100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Roger Curtis, Director, LIEP Christine Rozek, LIEP Sue McCall, Community Organizer, District 10 Como Commujity Council, 1556 Como Ave., St. Paul, MN 55108 MAR. -01' 01 �THU) 11:Z0 OFFICE OF ADMIN. NEARING TEL 6123492665 P. 002 o�-a�� 1-6D20-14113-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY COUNCI� OF THE CITY OF ST. PAUL In the Matter of the Currency Exchange FINDINGS OF FACT, License Application of Cash-A-Check, CONC�us o_ N� s nNa LLC d/b/a Money X Change for the RECOMMENbATION Premises Iocated at 1676 Lexington Avanue in St. Paul The above-entitled matter was came on for hearing before Administrative Law Judge George A. Seck, serving as heating o�ticer Sor the St. Pau! City Council on February 13, 2001 at 9:30 a.m. in Room 42, St. Paul City Hall, Ramsey County Courthouse. By consent of the parties, that hearing was continued for the purpose of conducting an inquiry that coufd lead to settlement of this mafter. The continuance was granted to February 20, 2001, at 1:30 p.m., when a telephone confefence was scheduled to take place. Virginia 0. Palmer, Assisfant City Attorney, 400 City Hall, 15 West Kellogg Blvd., St. Paul, MN 55102, appeared on behalf the Office of License, Inspections and Environmentai Protection (L1EP). Mark Austin Sst�ith, Attorney at Law, 13969 Grand Avenue, Burnsviile, MN 55372, appeared on behalf of Cash-A- Check, LLG (Cash-A-Check). The record in this matter closed on February 26, 2001. NOTIC This Report is a recommendation, not a final decision. The St. Paul City Council will make the final decision after a review of the record and may adopt, reject or modify these Findings of Fact, Conclusions and Recommendafion. Under Section 310.05(c)(o-1) of the City's Legislative Code, the City Council will provide the applicant the opportunity to present oral or written argument to the City Council before it takes final action. Parties shauld contact the 5t. Paul City Council to determine the procedure for presenting argument. STATE ENT OF ISSUE Should this application for a currency exchange license t�e approved by the St, Paul City Council? Based upon aIl of the proceedings herein, the Administrative Law Judge makes the following: MRR-01-2901 11�4B 6123492665 94� P.02 '��R. -01' O1 (THU1 11:20 OFfICE OF A�MIN. HEARING TEL�6123492665 P. 003 O 1-1�1 \ FINDINGS OF FACT 1. On January 22, 2001 the Qepartment of Commerce forwarded an application for a currency exchange license to fhe City of St. Paul, Marlc Smfth had submitted the application to the Department to operate a currency. exchange business at 1676 Lexington Avenue North in St. Paui. The appiication indicates that the name of the currency exchange will be MoneyXchan�e, which is the business name of Gash-A-Check, LLC, a Minnesota corporation. 2. A search of criminal history filed by the Minnesota Bureau of Criminal Apprehension found no record for Mark Austin Smith? 3. The proposed location for the ourrency exchange is not within one- ha{f mile of another licensed cufrency exchange. 4. The currency exchange is proposed to be locatad in a building within 10� feet of a residential lot 3 5, The oparation of a currency exchange at the proposed location is not permitted under with the St. Paul Zoning Code. No variance has been obtained firom this restriction imposed by the St. Paul Zoning Code. 6. The proposed lacation is in compliance with the fire and heaith requirements of the City of St. Paul. 7. Upon receipi of the appVication irom the DepaRment of Commerce the City provided notice of the application to community organizations. The City received no objections to the issuance of the currency exchange license. 8. On January 30, 2001 the City issued a Notice of Hearing on the application which set a hearing for February 13, 2001 5 9. After taking some testimony, the parties agreed to continue the hearing to determine if a variance could be o6tained from the St. Paul Zoning Code to allow the proposed currency exchange to be established within 100 feet of a residential lot. The parties agreed that a telephone confesence would be held on February 20, 2001, at 1:30 p.m. 10. Mo one was available to partieipate in the telephone conference scheduled for February 20, 2001 on behalf of Cash-A-Check. The Administrative Law Judge informed Cash-A-Check, by Vetter dated February 21, 2001 that failure to respond by February 26, 2001 would result in a default report being issued to the Ciiy Council. No response has been received from Cash-A-Check. ' Ex. �. z Ex. 'I. 9 Ex. 2. The parties also stipulated to this fact at the hearing. ` Ex. 2. 5 Ex. 2. MAR-01-2001 11-48 6123492665 94i P.03 N.AR.-01'OIITHUI 11:?0 OFFICE OF ADMIN.HEARING TEL:61?3492665 P. D04 Q�\-�'1\ Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The City 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 §§ 310.05, 31�.06 and 381.02. 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, Ch. 53A and § 381 of the Legislative Code of the City of St. Paul. 4. The applicant has complied with the application requirements set out in law. 5. St. Paul Zoning Code Section 60.542(4) estabflshes alfowed land uses for currency exchange businesses when the following requirement is met: Currency exchange business when located at least one hundred (100) feet from any residential lot in a residential district or at least one hundred (100} feet from any residential lot occuQied with a one-, two-, three-, four-, townhouse, or multipl�family dwelling, measured from the closest point of the building in which the business is located to the closest residential property line. 6. That the record in this matter shows by a preponderance of the evidence that the proposed currency exchange location is not an allowed use for a currency exchange business. 7. The applicant has not introducsd any evidence that a variance has been obtained from the restrictions imposed by St. Paui Zoning Code Section 60.542(�}) on currency exchange businesses. g, St. Paul Legisiative Code Section 381.03(b}(10) includes noncompliancs in the proposed business location as a ground to disapprove a currency exchange appfication. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: MAR-01-20a1 11�49 6123492665 94i P.04 :NAR. -01' 01 �TNU) 11:?0 OFFIGE OF A�MIN. HEARING TEL 6123492665 P. 005 � \ -3'11 RECOMMENDATION I715 HEREBY RESPECTFULLY RECOMMENDED: That the St. Pau1 City Councii deny the application for a currency exchange license by Cash-A-Check, LLC for premises located at 1676 Lexington Avenue in St. Paul. Dated this 1 st day of March 2001. <�'�� / GEORGEA. B Administrative Law Judge Reported: Taped, No Transcript Prepared. NOTICE Pursuant to Minn. Stat. § 53A.04, the St. Paul City Council is required to forward its approval or disapproval of the license application to the Commissioner of Commerce of the State of Minnesota for the Commissioner's approval or disapproval. If the application is denied, the Gommissioner shall mail notice of the den'tal and the reason therefor to the applicant, The applicant, upon denial, may request a further hearing as provided for in Minn. Stat. § 53A.04(b), MEMORANDUM The only objection to Cash-A-Check's currency application is that the proposed locstion does not conform zoning requirement. The hearing was continued to allow investigate the possibiiity of obtaining a variance. With the Check to participate further in this proceeding, there has been variance was, or could be, obtained. >xchange license to the applicable Cash-A-Check to fai4ure of Cash-A- no showing that a The record on this appeal demonstrates that the proposed business location is not an allowable use for a currency exchange business. Accordingly, it is recommended that the City Council deny the license application 6y Cash-A- Check for a currency exchange at the proposed location. G.A.B. MRR-01-2001 11�49 6123492665 94i P.05 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 March 1. 2001 Fred Owusu, City Clerk 170 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 �¢r�4l��l� � � �001 �,�� K RE: In the Matter of the Currency Exchange License Application of Cash-A-Check, LLC d/b/a Money X Change for the Premises located at 1676 Lexington Avenue in St. Paul OAH Docket No. 1-6020-14113-3 Dear Mr. Owusu: b�-a7� Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions and Recommendation in the above-entitled matter. Also enclosed is the o�cial 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 341-7642. Our file in this matter is now being closed. Sincerely, � `�� ; d�G� GEORGE A. BECK � Administrative Law Judge Telephone: 612/341-7601 GAB:cr Encl. cc: Virginia D. Palmer Mark Austin Smith Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 �TTY No. (612) 341-7346� Fax IVo. (612) 349-2665 ��-a7� 1-6020-14113-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY COUNCIL OF THE CITY OF ST. PAUL In the Matter of the Currency Exchange License Application of Cash-A-Check, LLC d/b/a Money X Change for the Premises located at 1676 Lexington Avenue in St. Paul F{NDINGS OF FACT CONCLUSIONS AND RECOMMENDATION The above-entitled matter was came on for hearing before Administrative Law Judge George A. Beck, serving as hearing officer for the St. Pauf City Council on February 13, 2001 at 9:30 a.m. in Room 42, St. Paui City Hall, Ramsey County Courthouse. By consent of the parties, that hearing was continued for the purpose of conducting an inquiry that couid lead to settlement of this matter. The continuance was granted to February 20, 2001, at 1:30 p.m., when a telephone conference was scheduled to take place. Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Kellogg Blvd., St. Paul, MN 55102, appeared on behalf the Office of License, Inspections and Environmental Protection (LIEP). Mark Austin Smith, Attorney at Law, 13969 Grand Avenue, Burnsville, MN 55372, appeared on behalf of Cash-A- Check, LLC (Cash-A-Check). The record in this matter closed on February 26, 2001. NOTIGE This Report is a recommendation, not a final decision. The St. Paul City Council will make the final decision after a review of the record and may adopt, reject or modify these Findings of Fact, Conclusions and Recommendation. Under Section 310.05(c)(c-1) of the City's Legislative Code, the City Council will provide the applicant the opportunity to present oral or written argument to the City Council before it takes finaf action. Parties shoufd contact the St. Paul City Council to determine the procedure for presenting argument. STATEMENT OF ISSUE Should this application for a currency exchange license be approved by the St. Paul City Council? Based upon all of the proceedings herein, the Administrative Law Judge makes the following: 01-�Z1 FINDINGS OF FACT 1. On January 22, 2001 the Department of Commerce forwarded an application for a currency exchange iicense to the City of St. Paul. Mark Smith had submitted the application to the Department to operate a currency. exchange business at 1676 Lexington Avenue North in St. Paul. The application indicates that the name of the currency exchange will be MoneyXchan�e, which is the business name of Cash-A-Check, LLC, a Minnesota corporation. 2. A search of criminal history filed by the Minnesota Bureau of Criminal Apprehension found no record for Mark Austin Smith. 3. The proposed location for the currency exchange is not within one- half mile of another licensed currency exchange. 4. The currency exchange is proposed to be located in a buiiding within 100 feet of a residential lot 3 5. The operation of a currency exchange at the proposed location is not permitted under with the St. Paul Zoning Code. No variance has been obtained from this restriction imposed by the St. Paul Zoning Code. 6. The proposed location is in compliance with the fire and health requirements of the City of St. Paul. 7. Upon receipt of the application from the Department of Commerce the City provided notice of the application to community organizations.' The City received no objections to the issuance of the currency exchange license. 8. On January 30, 2001 the City issued a Notice of Hearing on the application which set a hearing for February 13, 2001. 9. After taking some testimony, the parties agreed to continue the hearing to determine if a variance could be obtained from the St. Paul Zoning Code to allow the proposed currency exchange to be established within 100 feet of a residential lot. The parties agreed that a telephone conference would be held on February 20, 2001, at 1:30 p.m. 10. No one was available to participate in the telephone conference scheduled for February 20, 2001 on behalf of Cash-A-Check. The Administrative Law Judge informed Cash-A-Check, by letter dated February 21, 2001 that failure to respond by February 26, 2001 wou{d resu{t in a default report being issued to the City Council. No response has been received from Cash-A-Check. ' Ex. 1. Z Ex.1. 3 Ex. 2. The parties also stipulated to this fact at the hearing. ° Ex. 2. 5 Ex. 2. oj-a�1 Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The City 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 §§ 310.05, 310.06 and 381.02. 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. Ch. 53A and § 381 of the Legislative Code of the City of St. Paul. 4. The applicant has complied with the application requirements set out in law. 5. St. Paul Zoning Code Section 60.542(4) establishes allowed land uses for currency exchange businesses when the following requirement is met: Currency exchange business when located at least one hundred (100) feet from any residential lot in a residential district or at least one hundred (100) feet from any residential lot occupied with a one-, two-, three-, four-, townhouse, or multiple-family dwelling, measured from the closest point of the building in which the business is located to the closest residential property line. 6. That the record in this matter shows by a preponderance of the evidence that the proposed currency exchange location is not an allowed use for a currency exchange business. 7. The applicant has not introduced any evidence that a variance has been obtained from the restrictions imposed by St. Paul Zoning Code Section 60.542(4) on currency exchange businesses. 8. St. Paul Legislative Code Section 381.03(b)(10) includes noncompliance in the proposed business location as a ground to disapprove a currency exchange application. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: ol-a�j RECOMMENDATION IT IS HEREBY RESPECTFULLY RECOMMENDED: That the St. Paul Gity Council deny the application for a currency exchange license by Cash-A-Check, LLC for premises located at 1676 Lexington Avenue in St. Paul. Dated this 1st day of March 2001. <�`��, �`'�'�- � GEORGE A. B Administrative Law Judge Reported: Taped, No Transcript Prepared. NOTICE Pursuant to Minn. Stat. � 53A.04, the St. Paul City Council is required to forward its approval or disapproval of the license application to the Commissioner of Commerce of the State of Minnesota for the Commissioner's approval or disapproval. If the application is denied, the Commissioner shall mail notice of the denial and the reason therefor to the applicant. The applicant, upon denial, may request a further hearing as provided for in Minn. Stat. § 53A.04(b). MEMORANDUM The only objection to Cash-A-Check's currency exchange license application is that the proposed location does not conform to the applicable zoning requirement. The hearing was continued to allow Cash-A-Check to investigate the possibility of obtaining a variance. With the failure of Cash-A- Check to participate further in this proceeding, there has been no showing that a variance was, or could be, obtained. The record on this appeal demonstrates that the proposed business location is not an allowable use for a currency exchange business. Accordingly, it is recommended that the City Council deny the license application by Cash-A- Check for a currency exchange at the proposed location. �� ' : ,. STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) ol-a7/ AFFIDAVIT OF SERVICE BY U.S. MAIL Cindy Ringdahl, being first duly sworn, hereby deposes and says that on the 1st day of March, 2001, at the City of Minneapolis, county and state aforementioned, she served the attached FINDINGS OF FACT. CONCLUSIONS AND RECOMMENDATION: OAH Docket No. 1-6020-14113-3 by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid and addressed to the individuals named herein. Fred Owusu, City Clerk 170 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Virginia D. Palmer Assistant City Attorney 15 VV. Kellogg Blvd., Suite 400 St. Paul, MN 55102 Mark Austin Smith Attorney at Law 13969 Grand Avenue Burnsville, MN 55372 Subscribed and sworn to before me this 1st day of March otary Public c Cindy Rin d hl 2001. -,,..�� M��{AEL W. LEW�S NOTMY PUBI.IL' - IAINNESOTA . • MY COMMISSION EXPIRES °=�`�: ' JANUARY 31.2005 OFFICE OF THE CITY ATTORNEY C[aytors M. Robinson, Jr., Ciry Aitorney � l a 7/ CITY OF SAINT PAITL Norm Coleman, Mayor R E C E I V E D Civi! DiviSion 400 Ciry Hall O1 FES �! A� �'� I4 rsw�:xerro�arve. Saint Paul, Minnuota 5510? Telephorse: 65/ 166-8710 Facsimile: 65I 298-5619 February 20, 2001 The Honorable George Beck Adininistrative Law Judge Office of Administrative Hearings 100 Washington Square, Suite 1700 ivlinneapolis, �" 55401 P ii-'" '�M1'?!� .k�i u iIJT't'�:� 1 { 4 � HEi;RI' v� RE: Currency Exchange License Application submitted by Cash-A-Check, LLC, d/b/a Money X Change for the premises located at 1676 Lexington Avenue in Saint Paul Dear Judge Beck: As you know, a hearing on the currency exchange license applicarion referenced above was scheduled for 930 a.m. on February 13, 2001. Mark Smith, a parmer in Cash-A-Check, LLC, appeared on behalf of the license applicant. Mr. Smith was prepared to stipulate that the location, in question is in violation of the Saint Paul Zoning Code, but was appazently going to seek consent from a neighbor. After some discussion, it was agreed that Mr. Smith would contact the State of Minnesota to determine whether the sixty day period which the local government has to respond to the application could be extended. It was my understanding that Mr. Smith was going to obtain the consent of the State in writing to extend the deadline, if possible, or would withdraw his application to allow himself time to file for a variance. There was a telephone conference scheduled for 130 p.m. this afternoon, February 20, 2001. Mr. Smith was not available at that time. At approximately 3:00 p.m. this afternoon you and I spoke about the matter, and I stated that I would try to find out what, if anything had happened on the file. I contacted Robin Brown, in the Financial Examinations Division of the Minnesota Department of Commerce, to ask whether Mr. Smith has made the inquiry about extending the deadline. Ms. Brown stated that she has not heard from Mr. Smith, and that they have no discretion to extend the deadline. I also left a message for Mr. Smith at the number on his application, (952) 898-4021, asking that he contact me to inform.me how he wishes to proceed. Given the fact that Mr. Smith was willing to stipulate to the basis on which the City is recommending denial of the license agplication, and his statement that he would withdraw his license application if the deadline could not be extended, I would suggest that Mr. Smitli be The Honorable George Beck February 20, 2001 Page 2 o1-a 7i given an opportunity to withdraw his application in writing by Monday, Febmary 26, 2001 or have the matter proceed by default. I believe that the documents provided, together with Mr. Smith's statement that he wouid stipulate to the business being within 100 feet of a residential lot, fully supports denial of the license application, and would request that you issue Findings of Fact, Conclusions and a Recommendation to that effect. The City needs to have this matter on the March 7, 2001 Council agenda for consideration in order to meet the deadline for returning a recommendation to the State of Minnesota. Please feel free to contact me if you have any questions. Sincerely, � �l2�iut�( Virgim��mer Assistant City Attomey cc: Christine Rozek, Deputy Director of LIEP Mark A. Smith, Innovative Financial Systems, Inc., 3459 Washington Drive, Suite 202, Eagan, M1V 55112 =EH-2�-2aei 15�54 ST PRUL CITY R?TORNEY CITY OF SAINT PAtiL Nonn Co(e�nan, Mayor Febr¢ary 20, 2001 7he Honorable George Beck Adminisirative Law Judge Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN 55401 651 298 561° P.21ia2 vrri�c vr .nn �,a, a :,. ...,c.l.�, Clny{an M. Robinson, Jr„ Ciry AIlorney CivilDivision a00 Ciry F/nl( !S u'est Ke![agg Bl�d SalrstPnuf, dqinnesqea 55102 DI Teley/iorie- 6S! 266-87/G Fncslmile. 65I 79R-56 � 9 RE: Currency Exchange License Application submitted by Cash-A-Check, LLC, dlb/a Money X Change for the premzse5lpCated at 1676 Lexington A�enue in Saint Paul Dear Judge Beck: As you lrnow, a hearing on the currency exchange license application re£ereriCed above was scheduled for 4:30 a.m. on February 13, 2001. Maik Smith, a partner in Cash-A-Check, LLC, appeazed on behalf of the license appliC2nt. Mr. Smith was prepared to stipulate that the Iocation in question is in violation pf the Saint Paul Zoning Code, but was apparently going to seek consent from a netghbor. After some discussion, it was agzeed that Mr. Smith would contact the 5tate oFMinnesota to determine whether the sixty day period which the loca] govemment has to respond to the application could be extended. It was my understanding that Mr. Smith was going to obtain the consent of the State in wntmg to extend tha deadline, ifpossible, or would withdraw his application to allow himself time to file for a varianee. There was a telephone conference scheduled for 1:30 p.m. this afternoon, Febnzary 20, 2001. Mr. 5mith was not available at that time. At approximateIy 3:00 p.m. this afternoon you and I spoke about the matter, and I stated that I would try to find out what, if anything had happened on the file. I contacted Robin Brown, in the Financial Bxaminations bivision of the Minnesota Deparcment of Commerce, to ask whether Mr. Smith has made the inquiry about extending the deadline. Ms. Brown stated that she has not heard from Mr. Smith, and that they have no discretion to extend the deadline. I also left a message for Mr. Smith at the number on his appiication, (952) 898-4021, asking that he contact me to inform me how he wishes to proceed. Given the fact that Mr. Smith was willing to stipulate to the basis on which the City is recommending denial of the license 2pplication, and his statement that he would withdraw his license appIication if the deadline could noi be extended, 1 would suggest that Mr. Smith be r�B-2a-20ai 15��4 ST PAUL CITY RTTORNEY 651 298 �619 r.02i02 The HonoTable George BeCk February 20, 2001 Fage 2 o�-a7i given an opportunity to withdraw his application in writing by Monday, February 26, 2001 or have the matter proceed by default. I believe that the doCUments provided, together with Mr. Smith's statement that he would stipnlate to the business being within 100 feet of a residential lot, fully supports denial of the license application, end would request that you issue Firidings of Fact, ConcluSions and a Recommendation to that effect. The City needs to have this matter on the Match 7, 2001 Council agenda for consideration in order to meet the deadline for retuming a recommendation to the State of Minnesota. Please feel free to contact me if you have any questiozis. Sincerely, � �� e � 'Virginz D. Palmer Assistant City Attomey cc; Christine Rozek, Deputy Director o� LIEP Mark A. Smith, Innovative Financial Systems, InC., 3459 Washington Drive, Suite 20�, Bagan, MN 55112 ;i;"< ,' ` -r1-c� F. e� FEBf-20'O1(TUE) 16:27 OFFICE OF ADMIN.HEARING TEL:6123492665 P. 001 e�-a7i TRANSACTION REPORT RecePtion Transaction(s) comPleted [i0. TX DATE/TIME DESTI�ATION 560 FE6.20 16�26 651 298 5619 DURATION PGS. RESliLT MODE 0° 00' 49" 002 OK N ECM �;:`�?,I;: z' �r�'i t.: , }�; , Y. 5 , �y� = 3, ��— - ��9�� ; .:' •'...., n ' ..,.. .�w`' February 21, 2001 Mark Austin Smith Cash-A-Check STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota55401-2138 c/o Innovative Financial Systems, Inc. 3459 Washington Dr., Suite 202 Eagan, MN 55112 RE: In the Matter of the Currency Exchange License Application Submitted by Cash-A-Check, LLC d/b/a Money X Change OAH Docket No. 1-6020-14113-3 Dear Mr. Smith: o�-a � Please let me know in writing before 4:30 p.m. on Monday, February 26, 2001 whether you intend to withdraw your application for a currency exchange license for 1676 Lexington Avenue filed on December 6, 2000. You should send a copy to Ms. Palmer and to Robin Brown. My fax number is 612/349-2665. If I do not hear from you, I will submit a default report to the City and the City Council will act on your application based upon the documents and testimony in the record. Since� �(� �--- � . GEORGE A. BECK Administrative Law Judge Telep hone: 612/341-7601 GAB:cr cc: Virginia D. Palmer Robin H. Brown Providing Impartial Hearings for Government and Citizens An Equal Opp ortunity E mployer Administra4ive Law Section & Administrative Services (612) 341-7600 e TDD No. (612) 341-7346 e Fax No. (612) 349-2665 OFFICE OF THE CITY ATTORNEY Clayton M Robinson, Jr., Ciry Attorney of- CITY OF SAINT PAUL Norm Coleman, Mayor February 21, 2001 � �� L CivilDivision 400 City Hal1 IS Wut Kellogg Blvd. Saint Paul, hlinnuota 55/01 Telepkone: 65/ 166-8710 Facsimile: 651 2985619 NOTICE OF COUNCIL HEARING Mr. Mazk Austin Smith Cash-A-Check C/O Innovative Financial Systems, Inc. 3459 Was:ungton Drive, Suite 202 Eagan, Minnesota 55122 �• T � C-'� n-,, �-; �� < rn O 'T! �� I!� � m � � cv � T � �' �J m < � � RE: Currency Exchange License Application submitted by Cash-A-Check, LLC d/b/a Money X Change for the premises located at 1676 Lexington Avenue in St. Paul Deaz Mr. Smith: Given the time constraints for a response to the Minnesota Departrnent of Commerce on your application for a currency exchange license, and in anticipation of timely receipt of an Administrative Law Judge's report, we have scheduled this matter for public heazing in front of the Saint Paul City Council, City Council Chambers, Third Floor, Saint Paul City Hall, on Wednesday, Mazch 7, 2001. Public hearings begin at 530 p.m.. If you have any questions, I can be reached at 651-266-8710. Sincerely, ��,�� .�. � Virginia D. Palmer Assistant City Attorney cc: Mark A. Smith, Money X Change, 2431 West 7"' Street, St. Paul, MN 55114 Sherri Mazzario, 16315 Victoria Curve, Prior Lake, MN 55372 LaVon Regan, Office ofAdministrative Hearings,100 Washington Square, Suite 1700 Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Roger Curtis, Director, LIEP Christine Rozek, LIEP Sue McCall, Community Organizer, District 10 Como Commujity Council, 1556 Como Ave., St. Paui, NIN 55108 �: . °�`,` - �� - '= � 9 �Y :\^ y' : - •"_` February 13, 2001 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 D! a 7l �rginia D. Palmer Mark Austin Smith Assistant City Attorney Cash-A-Check 15 West Kellogg Blvd., Suite 400 clo Innovative Financial Systems, Inc. St. Paul, MN 55102 3459 Washington Dr., Suite 202 Eagan, MN 55112 RE: In the Matter of the Currency Exchange License Application Submitted by Cash-A-Check, LLC d/b/a Money X Change OAH Docket No. 1-6020-14113-3 Dear Ms. Palmer and Mr. Smith: This will confirm that the hearing in the above matter is continued to 1:30 p.m. on Tuesday, February 20, 2001 at which time we will have a telephone conference to discuss the status of this matter. I will call Ms. Palmer at 651/266-8719 and Mr. Smith at 651/905-1010. Sincer y, � GEORGE A. K Administrative Law Judge Telephone:612/341-7601 �� cc: Docket Coordinator Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 • TDD No. (612) 341-7346 o Fax No. (612) 349-2665 . . . . . . . . . Y . . . . . . . . . . . . . .. . � ..•� Y I ," � �� , �c�,�� S'.=. � _ .-.,. February 8, 2001 STATE OF MINNESOTA OFFICE OF ADNIINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 Virginia Palmer Assistant City Attorney Civil Division 400 City Hall 15 West Kellogg Boulevard St. Paul. MN 55102 Mark Austin Smith Cash-A-Check c/o Innovative Financial Systems, Inc. 3459 Washington Drive, Suite 202 Eagan, MN 55122 ol-a7j Re: Currency Exchange License Application Submitted by Cash-A- Check, LLC d/b/a Money X Change; OAH Docket No. 1-6020-14113-3 Dear Ms. Palmer and Mr. Smith: The above-entitled matter has been reassigned to Administrative Law Judge George A. Beck. Please direct all further matters regarding this case to Judge Beck at the Office of Administrative The hearing remains scheduled as previously Docket Number has changed slightly with thi� Ir Hearings; telephone 612/341-7601. noticed. Please note that the OAH reassignment. Very truly yours, �/z��Yt ' c LaVon Regan �� Docket Coordinator Telephone: 612l341-7448 Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administra4ive Law Section & Administra4ive Services (612) 341-7600 • TDD No. (612) 341-7346 o Fax No. (612) 349-2665 a�-a 7 / � � [NNE50'1'A �ARTMENT OF )MMERCE 85 7th Ptace East, Suite 500 St. Paul, Minnesota 55101-2198 651.296.4026 FAX 651.297.1959 TTY 651.297.3067 Christine A. Rozek City of St Paul 350 St. Peter Street, Suite 300 St. Paul, MN 55102 January 22, 2001 RE: Currency Exchange License Application Cash-A-Check, LLC dba MoneyXchange Dear Ms. Rozek: Enclosed is a copy of an application submitted by Mazk Smith to operate a currency exchange business at 1676 Le�ngton Avenue, St. Paul, Minnesota. The name of the cuaency exchange company is Cash-A-Check, LLC dba MoneyXchange Minnesota Statute 53A.04 (a) states: "Within 30 days after the receipt of a complete application, the commissioner shall deny the application or submit the application to the governing body of the local unit of govemment in which the applicant is located or is proposing to be located. The commissioner may not approve the applicafion without the concurrence of the goveming body. The goveming body shall give published notice of its intention to consider the issue and shall solicit testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located. If fhe governing body has not approved or disapproved the issue within 60 days of receipt of the application, concurrence is presumed. The commissioner must approve or disapprove the application within 30 days from receiving the decision of the governing body. The governing body shall have the sole responsibility for its decision. The state shall have no responsibility for that decision." Please respond in writing within 60 days of the receipt of this notice as to the decision of the governing body regarding the application for the currency exchange operation. If I do not heaz from you within 60 days, approval will be presumed and the license will be issued. If you have any guestions, please feel free to contact me. Very lyy� � �� ti�� Robin H. Brown Financial Examinations Division (651)282-9855 Enclosure cc: Mark Smith, MoneyXchange Cash-A-Check, L� /a Money X Change — City's Exh. # 1 — �AN 2 4 2003 Enforcement:1.800.657.3602 Licensing: 1.800.6573978 Energy Information: 1.800.6573710 Undaimed Property: 1.800.925.5668 www.commerce.state.mn.us An Equal Opportunity EmpLoyer nov 27 00 03:03p MoneyXChange 6128982Z09 p.l .• a � STATE OF b'IINNESOTA DEPARTMEi�'P OF COMMERCE • DI4ISION OF FINANCIAL EXAMINAITONS 133 EAST 7TH STREET . ST. PAUL, MIlVNF,Sp'I'A 55101 (651) 28�9855 -.-, . •-;'� = �::L;. \ -� �� _ = :Yi �.:�)�: _ y«. ;�. - i` . D!- OFFICE U5E ONLY Deputy AssG Chief Review Data Entry c��r �� License Number � _ .. 3urety Bond Nuinber Insurance Company CASHIER I7SE Q . i� i� - :; ��L�� ; �� NAIC Number The data, which you furnish on this form, will be used by the Deparcment of Commerce to assess your qualifications for a license. Disclosure of your social security number is voluntary. You a�e not legally required to provide chis data; however, if you do nof provide your social security number, the Depaztment of Commerce may be unable co grant a license. The Department may use social security numbers for revenue recapture as ' authorized by Minnesota Statutes, Chapter 270A and for identification purposes. After issuance of a license, all ��fcrmation contained in this appiication, except your social security number; is public pursuant to Minnesota Statutes, Chapter 13. A. TYPE OF ] .�( NEW O RENEWAL ��F.i�1�. OF CUF.RENLY EXCHANGE NP• �•�£ OF CORPORATION OR PARTNERSHIP t3USL\TESS ADDRESS (No Post Office Boxes) O AMENDED LICENSE /y`� vr� c � � �-�f (," l� - �f';t?�K �iL L�. x E�Y �- I �'r�� A �' I � �7 �;. �-T'� � STATE ZIP CODE � � ��`� � / f 1 ! Y� �� r � I�AME OF INDIVIDUALMANAGING THIS LOCATION S r';.: �w : �,. vn;^✓ � z�'<i C ,T,�i!L�PHONE NUMBBR FAX NUMBER pyl�y � `� L - y �.; ; Cc��> ) �y� ��;t�9 , �=3��c�k one: � SOLE PROPRIETORSHIP O �'ARTiV'ERSHIP 1 CORPURATION X C ofIncorporation or `COUNTY � � ,, . r-r�fl S �G — —L..�___ S CATE TAX ID NL `f C: • 3,-� w � E-1�1�4IL ADDRESS �; = tL�sh : A��= ❑ AS50CIATION � LINIlTBD LIABIIdTY PARTNERSF3IP � I.IlVIITED LIABILTTY COMPANY .S ct�- Mnl ,-, 1 Placc of � State �'/DOC CURREtiCY EXCHANGE APPL 7l99 1 8!3/3999 nov 27 00 03:03p MoneyXChange 6128982209 p.2 : D�-a7 t C, Additional ]icensed cuirency exchange locations operated by the apglicant (use separate sheet }f additional space is needed). S� Cn�'�ac�a� C �oo f �u�� haaress �r.�. ttoxes are not acceptable} ' � City f Street Address (P.O Boxes are not acceptable} � S[ate S[ate Street Address (P.O. Boxes are not acceptable) � City State Street Address (P.O. Boxes are not accepta�le) City , State Zip Code Zip Code Zip Code Zip Code County County County County D. Please provide the namcs and complete business addresses of owners, paztners, officers, stockholders (owning 10% or more of the corporate stock), and employees with aa[hority to exercise mana�ement or policy control over the company. Full Name Official Percent Residence S� I S T � ( � �( 1 L j�'�I i �.�'4..L��J�J1�"l�.v �/Z i a� • .. �2 � ��L f'(N)��.'f Jl'/ll l.4'i y�� : ¢�� afl:�r�;v� �e�� Sec;� _� � � Address 3�S n ti:rt�r�� C,.�✓� y'�'.��..�C hV $+i1, 3e�" U.ff„%. [..i..2 ic.'. (<,Xz /�!b' J .i 7'71 > �� SqP.Az��,�st ocia ecunty girth Date Numb r.�� '!' J � 2 nov 27 00 03:04p MoneyXChange 6128952209 p.3 � � ot 7 � E. ALL applicants must answer the following que�stions. If any questioas are ansWered °�YF,s, you MUST attach a detaiied written expiaaation and any legal doc�mentation, if applicabie, FIave yon, any of the owners, partne�, ofhc,ers, a� ��, or shareholders owning more than IOya of the corpocace sYock: YES NQ 0 .� 1. HeId a cutrency exchange license in any other state other than 1�Tinnesota? If YFS, tha new license application must iaclude a verification of license:certified by the state(s); a11 other applicants must verify that tlie certification(s) previously submitted is accurate. 0 � 2. Been the subject of any inquiry or investigation by any division of the Minnesota � . Department of Commerce? � 0 'Q�3, Had any occupationat license censuced, suspended, revoked, cancelled, terminated or been the subject of any type of administrative action in any state including Minnesota? � �4. Have yoa ever been charged with, or convicted of, or heen indicted for, or entered a plea to, any criminal offense (feIony, gross misdemeaaor or misdemeanor), other than traffic violations, in any State or Federal Court? � � 5. Been a defendant in any lawsuit invo]ving ciaims of fravd, misrepresentat;on, conversion, mismanagement of funds or breach of contract? ❑ � 6. Been notified by the Commissioner of Revenue, pursuant to Minnesota Statutes, Section 270A.72, that you canently owe the State of Minnesota taxes? O d � a �7. �Iave any unclaimed property (unciaimed funds or property over 3 yeazs old) to report under Minnesota Statutes, Section 34537? � 8. Filed for bankruptcy or protection from creditors or cutrently have outstandiag unsatisfied j udgment(s)? <kC . .� 9. Been affiliated with any other currenc exchan e? �;, '' -- ^_� ' Y S 'N�`� << . ,`.�� .= :fiir:..�_ � 10. Will the applicant sell lottery tickets at the licensed Iocation7 I HEREBY CERTIFY THAT ALL INFORMATION CONTAIlVED IN THIS APPLICATION AND ANY ACCOMPANYING DOCUMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. �: I CERTIFY THAT T S DOCUMENT HAS NOT BEEN ALTERED OR CHANGED IN ANY MANNER FRO�i1 TFIE FORM AD�PTED BY THE DEPARTMENT OF COMI��RCE. Sia ature Owner, Partner or Corporate Of6cer S 7"rnJ . 5��'�, Print Name of Owner, Partner, or Corporate O£ficer Date � 3 nov z7 0� 03:04p MoneyXChange 6128982209 p.4 : ., ; �i-� 7 I (unless otherwise aoted) �� All NEW appiicants must provide a signed, notarized statement finm the appiir,aat stating the proposed Iocadon of che currency exchange is not located within UZ mile of another currency exctiange. '- q� A cuireat fee schedule of atl fees charged by your cucrency exchange office for cashing checks, money orders or travelers' checks. The lisi MITST include the type of check cashed, the fee charged, aad whether or not the fee varies depending on tha amount of the check. � Ail owners, partners, o�cers, stockholders (owning 10% or more of the cotporate stock), and employees , with authority to exercise management or policy contro2 over t[te company must request that the Bureau of Criminal Apprehension conduct a back�ound investigation on the form provided. Completed form(s) '=` MI1ST be submitted with your license or renewal application. �,QtVl�g,;�i: � The work experience covering ten (10) years prior to application for each person listed. �$ A surety bond for $10,000 (on the forms pmvided) with a power of attomey form. : '.. � A check or money order made payable to "Deparhnent of Commerce" for: New AppIicants: $1,500.00 ($1,000.00 non-refundable application fee and $SOO.00 licensing fee.) Amendment Fee: $100.00 License Renewal Fee $500.00 � If applicant is a corporaEion, attach a copy of the Articles of Incoiporation filed with the Secretary of State. "E�' If the applicant is a partnership, attach a copy of the Articles/Agreemeat of Partnership. � The name under which the business will be conducted must be exactly the same as the name on your license. If operating under any name other than the exact corporate or paztnership r�ame or, if an individual proprietorship doing business under any name other than yoar first �and last name, attach a copy of the Assumed Name Certificate by the Minnesota Secretazy of State (651} 296-2803. To, apply, complete (please type or print in ink) and submit this form with the required fee to the Department of Commerce, Division of Financial Examinations, 133 East 7th Street; St. Paal, MN 55101. Check or money order must be payable to the "Degartment of Commerce". WE CANNOT ACCEPT CASH. Incomplete forms wiIl be returned to the business address listed. For further information on the application process, applicants may contact the Division at (651) 282-9855 or via e=mail, financial@state.mn,us. The application is available on the �Department of Commerce website, www.commercestate.mn.us. 0 nav 27 00 03:12p s � MoneyXthange 139b9 Grand Aveune Bamsville, MN 55337 MoneyXChange MONEYXCHANGE STORES MoneyXchange 1147 Canterbury Road Shakopee, MN 55379 bioaeyXchange 1108 �erling Drive Shakopee, MN 55379 MoneyXchange 12 East Franklin MPLS, hIN 55404 MoneyXc6ange 1328 So. Robert Street West St. Paul, biN 55118 MoneyXchange 2431 W. 7`" Street St. Paul, MN 55116 MoneyXchange 15100 Cedar Ave Saite Z00 Apple Valley, MN 55124 MoneyXchange 8160 Couaty Rd. 42 Snite �00 Savage, MN 55378 MoneyXchange � ] 01 E. �uperior Street : Duluth, MN 55802 612898Z209 Phoae:952-898-4021 Fax: 952-898-2209 Phone: 952-445-1444 Fax: 952-445-1466 Phone:952-445-38Z2 Faz: 952-445-3971 Phone: 952-870-0090 Faa: 952-870-87U5- �, Phone:651-450-6580 Fa�c: 651-450-5568 Phone:651-690-5070 Fax: 651-640-S1I7 Phone:952-432-8171 Fax: 952-432-4898 - Phone:95Z-226-5959 Fax: 952-226-5961 Phone:218-722-3766 Fax: 21&722-3853 MoneyXchange 4110 Centera! Avenae Suite 204 Columbia Heights, MN 55421 Money Xchange 7620 Lyndale Ave. RichfieId, MN 55423 Phone:612-788-4378 Fac: 612-788-4412 Phone:612-861-4888 Fas: 61z-861-2974 p.3 D! 7/ ,� _. 3% Payroll, Government Over $500.01, Company 6% Money orders, cashier's checks, insurance drafts 15% Personat Checks 1.5% Senior Citizens 2.5% Govemment under $500 . e 0 o�-a71 ��-a �� ARTiCLES OF ORGANIZATION OF eASH-A=CHECK; LLC - � - - - The undersigned, being a natural person 18 years of age or older and far the purpose of forming a limited liability company for general t;usiness purposes under Mtnnesota Statutes Chapter 322B, hereby adopts the following Articles of Organization: ARTICLE 1 Name: The name of the limited liability company is CASH-A-CHECK, LLC. ARTICLE 2 � Registered O�ce: The address of the registered office of the limited liability company is M. Austin Smith, Esq., C/0 Innovative Financial Systems, Inc., 3459 Washington Drive, Suite 202, Bagan, MN 53122. � ARTICLE 3 Oreanizer: The name and address of the organizer of the limited liability company is M. Austin Smith, Esq., C/0 Innovative Financial Systems, Inc., 3459 Washington Drive, Suite 202, Eagan, MN 55122. ARTICLE 4 / r Period of Eaistence: Unless the limited liability company is dissolved eariier in � accordance with law, the period of existence of the limited liability company shail be thirty (30) years from the date of filing of these Articles of Organization. ARTICLE 5 Membershia Units: Membership interests in the limited liability company shall be represented by Membership Units. Except as provided in the Operating Agreement or any member control agreement, Membership Units shall be equal in all respects and each Membership i3nit outstanding shall be entitled to one vote upon each matter for which members are enritled to vote. ARTICLE 6 Consent to Avoid Dissalution: Upon the occutrence of any event described in Minnesota Statutes Section 322B.80, Subd. 1, clause (5), that temunates the continued membership of a member in this limited liability company and leaves this limited liability company with at least two remaining members, the members with govemanae rights holding a 01��i42 o�-a�% majority of the remaining Membership Units of this limited Iiability company shall have the power to avoid dissoluiion by giving dissolution avoidance consent. ARTICL� 7 Business Continuation Aareement: The members of ttris limited liability company shall have the power to enter into a business continuation agreement. ARTICLE 8 Pre-emptive RiEhts Prohibition: Except as may be provided in any member control agreement goveming this limited liability company, members ofthis limited liability company shall have none of the pre-emptive rights described in Minnesota Statutes Section 322B33 or any successor thereto. ARTICLE 9 Commutative Votina Prohibition: Except as may be provided in any member control agreement goveming this limited liability company, members of this limited liability company shall have none of the rights of cumulative voting described in Minnesota Statutes Section 322B.63 or any successor thereto. ARTICLE 10 Limitation of Liabilitv of Governors: A govemor of this limited company shall not be personally liabie to this limited liability company or its membecs for monetary damages for breach of fiduciary duty as a governor, except for liability (1) based on a breach of the governor's duty of loya]ty to this limited liability company or its members; (2) for acts or omissions not in good faith or that involve intentional misconduct or a knowing violation of law; (3) under Section 322B.56 or Section 80A.23 of the Minnesota Statutes; or (4) for any transaction from which such governor derived an improper personal benefit. If Minnesota Statutes Chapter 322B is hereafter amended to authorize the further elimination or limitation of the liability of governors, then the liability of a govemor of this limited liabitity company, in addition to the limitation on personal liability provided herein, shall be limited to the fullest extent permitted by Minnesota Statutes Chapter 322B, as amended. Any repeal or modification of this Article by the members of this limited liability company shall be prospective only and shall not adversely affect any limitation on the personal liability of a govemor o€this limited liability company existing at the time of such repeal or modification. ARTICI.E 11 Action bv Written Consent: Any action required or permitted to be taken at a meetin, of the Board of Govemors which does not require the approval of the member may be taken by written action signed by the number of govemors thaY would be required to take the same action at a meeting at which all governors were present. However, if the action is one which must be approved by the members, such action may be taken by written action signed by all of the govemors then in office. o!-a�i ARTICLE 12 Pio Dissenters' Ri¢hts: Members of ttns limited liability company shaIl noih�se any of the rights of dissenting members described in ivfinnesota Staiutes Section 322B.383 or any successor thereto. ARTICLE 13 Distribations aad Sharin� of Profits and Losses: The operating agreement may provide for the making of distributions to members and the sharing of profits and losses between or among members on a basis otherthan in proportion to the value reflected in the required records of the comributions of the members. IN WIT'NESS WHEREOF, the undersigned has set his hand this 31�` day of March, 1999. ORGANIZER: � M. Austin mith STATE OF h1lNV��OTA DEPARiMENT OF STATE FILED MAft 31 1999 '��- `�"� "Z�"�"' Secretart � ate h1N. 0� PUB. INFO_ Fex�812-�97-70fi7 DeC 16 '98 1J: T7 - MINNESOTA SECRETARY OF STATE ^J�Vl : _��. , .... a�� AlUlEt+IDMENT TO CERTIFlCATE flF ASSUMED t�tAME • i . illnnesafa S�tutes Cha�er3C�3 _ ��— �� 1...;, Ro�dtnadlnctionsoersw�sid�t�etoneampiWng. FNMgFse: S2S.o0 . �B� O► 311 SS6�8FIYC1 il3qli t�QBS i7f7f �ltDy�L�Qe I158► WHf7 �CIl14ji/Y I�7� t0 t� lIBR78.�iB fltJllQ tS 2qUtIEd FOf Cd�6UR19f � Protecllortarord�to ene6lerAtisumars tobe abtala fderdify thetnreownerofabUSir�ess. .-:e: , . _ .. �.EASE'IYPE OR�PRB�iT�l.EGIBLY(N �.AGKlt+iCfOA AfcCOFID1I�PURP03ES. t. Smte�s�.t e�ame+af�rwhbhthetuqlnessisorwa�becafdt�ated:ans6u�inessrmmePe�aPD�) ` ' � ! � �2 S�ata the � ofths prbw�p31 plxa cf business. � � zl :� I � � � � � l. �� ti �5�� ._ - �, ---- � � - - --- T� code (Ammpfdestreetad�es - .�EeeaeanndbeaP.O.Box.) 3. List the nartie end r�mplete straet address or a1! peraons conducte�g business underthe above Awumed Name. Attadt additiona! shee4(s) if necassa+y. ff the buslness ownAr is a oerporetion ar atber busmass arnfty, Gst fie lega) name and reg�teredofflcaaddreso. , �e (P�seP�Z Srreet �, �Y State .Z'p —^ ✓ � 4t� /�� _� Z ZZ 0� � � �SS20662 Rw. 1ilBS �� •d e9T=TT �0 8� no1J 5. ! certtiy that t em authorrzed to aign this e snd t iurther esrtdy ufderstand maz 6Y signin9 th s��e.4 subject to the pe�ahies d perlury as set fort�!'�4�A�4�a 3t�utes� .�8gs if t f�d signedfhis certlttc�a under oath. �' � J� ��: � �a --- � >--�. '.,�. - MINNESOTA SECRETARY OF STATE CERTIFICATE OF ASSUMED NAME S �,{��T� t+�� 5�j� C . r� ot -a_7 Minnesota Statutes Chapter 333 �� Q� �'1 � Aead the directions on reverse side betore compfeting. Fiting tee: S25.00 The filiog of an assumed name does not provide a user wiih exclusive rights to that name. The filing is required tor consumer proteciion in order fo enabfe eonsumers to be abfe to identify the We owner of a business. PLEASETYPE OR PRINT LEGIBLY iN BLACK INK FOR MICROFILMING PURPOSES. t. Siate the exact assumed name under which the business is or will be conducted: (one business name per application) �'� ✓�� 1 /l _ /+i�r_ �'Y 2 State the address of the principa{ place ot business. required; the address cannot be a P.O.Box. �l1/..n�l,t�, �rn;nnt, �i/� Street City State Zip code 3 List the name and compiete street address of all persons conducting business under the above Assumed Name. Attach additional sheet(s) if necessary. If the business owner is a corporation, provide the legai corporate name and registered office address of the corporation. Name Street 4. t certify that I am a�thorized to sign this certificate and 1 subject to the penalties of perjury as set forth in Minnes� oath. , i- Date C�ty Siate z�P certify that t understand that by signing this certificate, I am �tes section 609.48 as if I had signed this certificate under one and Title Person 05920807 Rev. it/98 A comp(ete street address or rura! route and rurel route box number is is � [/ ��— Daytime Phone Number na �s�3 nav 27 00 03:13p MoneyXChange 6128982209 p.4 o�-a 7l Jessica c. Leff 582 Roundhouse Street _ : , ;., •, . _ Shakopee, MN. 55379 Work Ex�erience � 1992-2944 Worked as Assistant Manager aad as a �Iorist at Pearson Fiorists, Inc. 1994-Present GeneraI Manager at MoneyXchange . hav Z7 00 03:13p MoneyXChange 6128982209 p.5 s M. Anstin Smith 2848 Sunset Blvd. Mpls, MN. 55416 � o�-a � 1 . Work Ex�erience: Attomey & Accredited Iavestor 2 988 — Attomey for Smith & Smith family 1aw firm 1990 — Purcha.sed and managed Designer Wood Company 1993 — Purchased and managed MARJON Capital, L.I,C — Reai Estate holding 1994 — Purchased and managed The Tessman Company I995 — Parchased and managed The Lynde Company Bath chemical distribution companies with offices in Fargo, ND and Sioux Falls, SD. 1997-1998 — Purchased and managed and chairman of the board of Superior F'mancial Corporation ( A 3 bank (FederaI) holding company) 1998 — Formed M. Trast, LI.0 to own and operate currency exchanges nov 27 00 03:13p MoneyXChange 6128982209 p.6 s�� Q 1.6315 vct.oria Curve Prior Lake, iVAI. 55372 Wo� 'ence• 1992 —1998 Owu and operate ctrrrency exchange & pawnshop — Money Xchange � 1990 —1992 Work at WCCO as receptionist . ol-a7 � . ��-a 7� Notarizad Statement for Cash A Check, LLC. for Currency E�cchange License for 1676 I.eacington Avenue, St. Paul, MN 55113 This Statement is on behalf of Cash A Check, LLC. and affirms that the pmposed Currency Exchange location at 1676 Lexington Avenue in St. Paul, Minnesota is not located within a%2 mile of another Currency Exchange. ' Smith Notarized this 27�' day of November, 2000 as to the above signature. '" --, r. �`- <; ,.� Nota blic � � WIRILVN M. I(EMPER `� ►qiMY PUBUC- MItA�SOTA MY COMMISSION ,�; EXPIRES JAN. 31. 2005 � �� B�I��BER:BD790000545868 �,�'�.�{ STATE OF MINNESOTA ,� CURREI�ICY EXCHANGESI3RETY BOND � ` � 7 I Y:NOW ALL PERSONS BY TIiESE FRESENTS: Thai Cash A Check LLG, dba 1�tonep x change (Name of C�urency Exchange) a Minnesota Limited Liability Compaay (Description or form of business organization, including state of incorporation) with businCSS oCftCe at 1676 Lexington Avenue, St. Paul, MN 55113 (Saeet Address, City, State, Zip) asPRINCIPAL and Nationwide Mutual -Insurance Company (Name of Su*ety) a corporation duly organized under the laws of the State of ohio which is auihorized to engage in the business of insurance in the State of Minnesota, as SUR�"I'Y, are hereby held and firmly bound to thc Dcpartment of Commerce of the State of Minnesota in the sum of TEN THOUSAND DOLLARS ($10,000). Principal and Surety hereby bind themselves, their tepresentadves, successors and assigns, jointly and severally by thcsc �resents. 'Che partics further agree that: I. Thc putpose of this obligation, which is required by Minnesota Statutes, Section 53A.08, is to secure the compliance by Principal with the terms of Minnesota Statutes, Se6tiori�S3A.03 to 53�c:13, and any other legal obligations arising out of the Principal's conduct as a currency exchange. °'�` `� �; ' � , . 2. 1'his bond is for thc benefit of the State of Minnesota and all persons suffecxng.d�mage$ by'reason of the Principal's failure to comply with Minnesota Statutes, Section 53A.02 to 53A.08, or other legal obligations arising out of Principat's conduct as a currency exchange. If the Principal sha(I violate Minnesota Statutes, Section 53A.02 to 53A.08, or other legal obligations arising out of its conduct as a currency exchange, the Commissioner of Commerce, as well as any person damaged as a rc:.:alt of such vioiatioa shalf have, in addition to ail other legal remedies, a right of action on this bond in ttic nnmc of the injured party for loss sustained by the injured pazty. 4. 'This bond shal( bc effcctive from December 31, 200o until Becember 31, 2001 _.____ � • (Year} Signcd ar�d Scaled this 3oth day of November , � I Nationwide Mutual Insurance Company B � (Name of Surety) (�jgna in Fact of 5uraty Coinpar.y) � Cash A Check LLC;dba Money X Change By , �� (Name of Currency Exchange) (Signature of Sole Proprietor, Partner, or President) � � s � * r « * � * r x � s a s � * w.�k * * * * TOR D�PARTM�NT USE ONLY Apnroved as to form and exccation by Department of Commerce. Power of Atforney � ��o� _ er a 7/ KNOW ALL MEN BY THESE PRESENTS THAT Nationwide Mutual Insurance Company, a cotporarion organized under the laws of the State of Ohio, wi[h its principal office in the Crty of Columbus, Ohio, hereinaftet called 'Compan}�', does hereby make, constitute and appoint SALLY e� %LEIN DENNLS J. BOR% MARY E. %RAAIER iNARK A. GRESSER SHAWN W. FLAVIN SAINT CLOUD MN each in their individual capacity, its true and lawful Attomey-In-Fact with fuIl power and autfiority to sign, seal, and execute in its behalf any and atl bonds and undersakings and other obligatory instruments of similaz naaue in penalties not exceeding the sum of TK'O MII,LION AND NO(100 DOLI.ARS S Z,000,000.00 and to bind the Company thereby, as fully and to the same eatent as if such instrumenis were signed by the duly authorized officers of the Company; and all acts of said Attomey pursuant to the authority hereby given aze hereby ratified and con6rmed. � Tkus Power of Attorney is made and executed pursuant to and by authority of the followino resolufioa duly adopLed by the Board of Directors of the Company. "RESOLVED, Ihat the President, or any Senior V�ice President, Resident �ce President or Second �ce President by, and the same hereby is, authorized and empowered to appoint Attorneys-In-Fact of the Company and to authorized them to execute any and all bonds, undertakings, recognizances, contracts of indemniry, policies, contracts guaranteeing the fidelity of persotts holding posifions of public or private trust, and other writings obligatory in nature which the business of the Company may require; and to modify or revoke, with or without cause, any such appoinunent or authority. The authoriry granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such Attomeys-In-Fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company, subject to the terms and IimitaGons of the power of attorney issued to them, and to affix the seal of the Company thereto, prouided, however, that said seal shall not be necessary for the validity of any such documents." This Power of Attomey is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Boazd of Directors of the Company. ARTICLE VIII °Section 10. Execution of insVUments . Any Vice President and any Assistant Secretaey or Assistant Treasurer shall have the power and authority to sign or attest all approved documents, insVUmenis, conffacts or other papers in connecGon with the operafion of [he business of the company in addition to the Chairman and Chief Executive Of£icer, Ptesident, Treasurer and Secretary: provided, however, the signature of any of ffiem may be printed, engraved or siamped on any approved document, contract, instrument or other papers of tkte Company. IN WITNESS WHEREOF, ffie said Nationwide Mutual Insurance Company has caused this instrument to be sealed and duly attuted by the signature of its �ce President the 28th day of April, 1999. 1�\ ^ � � ACKNOWLEDGMENT ��',��'',�� - By� a) a /�� $�,.�� STATE OF IOWA - �%, � Vice President COUN'['Y OF POLK SS ��,'s�i �� On this 28th day.of April, 1999, before me came the above named V'ice President for Nafionwide Mutual Insurance Company, [o me personal(y known to be the ofFicer described in and who executed the preceding instrument, and he acknowledged [he execution of the same, and being by me duly swom, deposes and says, that he is the ofl'icer of the Company aforesaid, that the seal affixed thete[o is [he corporate seal of said Company, and the said corporate seal and his signature were duly afFuced and subscribed to said instrument by the authority and direction of said Company. � w�� wRnz�.aive "�"""7" � Notary Public My Coaunission expires March 24, 2002 CERTIFICATE I, John F. Delaloye, Assistant Secretary of Nafionwide Mutuat Insurance Company, do hereby certify that the Resolution included herein is a true and correc[ transcript &om the minutes of the meeting of the Board of Directors duly called and held on the 6th day of September, 1967, and the same has not been revoked or atnended in any manner; tha[ said Douglas L. Andersen was on [he date of the execution of ihe foregoing Power of Attorney the duly elected Pice President of Naflonwide Mutuat Insurance Company and the corporate seal and lus signa[tue as Vice President were duly affixed and subscribed to tkte said instnunent by the authority of said Boazd of Directors. IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and afFixed ihe corporate seal of said Company this day of , �_� 00154 This Power oFAttomey expires Bd I (OG-00) 00 06/04/02 ��~��,� �.�� I �� Assistant Secretary aaatexewxae _- ,:�; .� _ . _ -. . : _ .. • _ ,- .. - - - - - Di-a7/ � _ - Department of Commei�ce Attn: Rohin $r4wn 133 East 7'� Street . _ St. Paul, MN 55101 �-� � "� � � � � � , � _ . . _ _ ' . _ $ �l.pfFc..13' � . ' ' ' � � , ' S[2`n 4:. - - - � � _� � _ : {}�� ' � ZOfl� ' , . ca . � _ _-. .. . . �. _ , f ;�c;a: C�,*,.c. _. RE: New ApplicaYio� for �67b �.e�gtaa Avenue - November 28, 2000 Dear Robin, Please find enclosed a fully complete application for a new currency exchange business located at 1676 Lea�ington Avenue. We have entered into a lease for tivs location and are anticipating an openi� in late 7anuary of 2001. I have directed our insurance company to issue a bond Yo you directly for this lc�cation and you should be in receipt of this within a day or two. If you have any questions regazding this application, please feel free to call and I appreciate your help in this matter. Please also find enclosed money orders in the amount of $1509 as and for the new check cashing fee. �1 U71� �'� IIi' i �✓✓i�C�-'6 (S �L� YJL�v� _ Z rz�;.,zz �t �,,1� �+� � `� 7(OA1ZSCHH9Qf 1�969 6RAND AVENUF WRNSVILLE, MN SSSST FXONE 611-898J021 FAX Af3-898•1t09 � � OFFIC THE CITY ATI'ORNEY � Clny4on �inson, Jr., Ciry Altornry' CITY OF SAINT PAUL Norm Co[eman, Mny'or January 30, 2001 Civii Divisian 400 Ciry� Hnll 15 West Kellagg Blvd. Saint P¢ul, Minnuota S.i101 NOTICE OF HEARING Mr. Mazk Austin Smith Cash-A-Check C/O Innovative Financial Systems, Inc. 3459 Washington Drive, Suite 202 Eagan, Minnesota 55122 o�-a�� Telephane: 65l 266-87! 0 Fncsimife: 6i 1298-�619 RE: Currency Exchange License Application submitted by Cash-A-Check, LLC d/b/a Money X Change for the premises located at 1676 Lexington Avenue in St. Paul Dear Mr. Smith: Please take notice that a hearing will be held at the following time, date and place concerning the currency exchange license application for the premises identified above: Date: Tuesday, February 13, 2001 Time: 9:30 a.m. Place: Room 42 St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Allan W. HIein Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-341-7609 � Cash-A-Check, LLC d/b/a Money X Change — City's Exh. # 2 — - �- o�-a 7� The Council of the City of �nt Paul has the authority to provide for�arings conceming licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- intoxicating liquor, authority is also conveyed by Minnesota Statutes section 34�A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the jud�e which may lead to adverse action a�ainst all the licenses you hold at the above premises as follows: Saint Paul Zoning Code §60.542 permits currency exchanges in a B-2 district when the business is located at least one hundred (100) feet from any residential lot in a residential district or at least one hundred (100) feet from any residential lot occupied with a one-,two-, three-, four-, townhouse, or multiple-family dwelling, measured from the closest point of the buitding in which the business is located to the closest residential property line. The application for 1676 Lexington Parkway North is adjacent to a single family home in an R-3 residential area. The proposed location is zoned B-2. The measurement from the closest point of the building in which the business is located to the closest residential property line was between 10 and 15 feet. Accordingly, this business is not permitted at this location. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legisiative Code as may be applicable. At the hearing, the Administrative Law 7udge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each ofwhom the City's attomey may cross-examine. The Administrative Law 7udge may in addition heaz relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearin�, the 7udge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. Notice of Hearing - Page 2 �' � o�-a7 You should bring to the h�ng all documents, records and witnes�es you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law 7udge for incorporation into his or her recommendation for Council action. If you fail to appeaz at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated eazlier in this notice may be taken as true. If non- public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. If you have any questions, you can call me at 266-8710. Very truly yours, `/ �� . G�� Vugmia D. Palmer Assistant City Attorney cc: Mark A. Smith, Money X Change, 2431 West 7"' Street, St. Paul, MN 55114 Sherri Marzario, 16315 Victoria Curve, Prior Lake, MN 55372 LaVonRegan, Office ofAdministrativeHearings,100 Washington Squaze, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Roger Curtis, Director, LIEP Christine Rozek, LIEP Sue McCall, Community Organizer, District 10 Como Commujity Council, 1556 Como Ave., St. Paul, MN 55108 Notice of Hearing - Page 3 Y � • � � ��-a7� COUNTY OF RAMSEY STATE OF MINNESOTA ss. AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMEN'I'S, being first duly sworn, deposes and says that on January 31, 2001, she served the attached NOTICE OF AEARING on the following named persons by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Mark Austin Smith Cash-A-Check C/O Innovative Financial Systems, Inc. 3459 Washington Drive, Suite 2�2 Eagan, MN. 55122 Mark A. Smith Money X Change 2431 West 7 Street St. Paul, MN. 55114 Sherri Marzario 16315 Victoria Curve Prior Lake, MN. 55372 (which is the last known addresses of the same, with postage prepaid, in tl Paul, Minnesota. � Subscribed and sworn to before me this 31st ��y1of J�u r�2001. Notary �ersons) and depositing tec� States mails at St. PETER P. PAhiGBORN 1�M?TAS2Y PUBt1C - MINNESO �sv co��sstor� EXFf?�8 SAP3. 39 � 20� �� ___.. __ _ _.. Connne Asuncion Currency Exchange License Application 1676 Lexin tg�on Pkwy N � �� Page 1� From: Jeff Fiawkins �i-a7t To: Asuncion, Corinne; Rozek; Christine Dafe: 1/24/01 4:02PM Subject: Currency Exchange License Appiication- 1676 Lexington Pkwy. N. Dear Christine: I have researched and physically inspected the properfy at 1676 Lexington Pkwy. N. The property is adjacent to a singfe family home in a R-3 residentiat area. The separation requirement tor a Currency F�change business is 100 feet from the nearest comer of the building to the nearest residential properly line per Zoning Code Section 60.532. (4) Currency exchange business when located at least one hundred (100) feet from any residential lot in a residential district or at least one hundred (100) feet from any residential lot occupied with a one-, two-, three-, four-, townhouse, or multiple-family dwelling, measured from the closest point of the building in which the business is located to the closest residential property line. Therefore 1 must deny zoning approval for the license application at this time. Please notify your office and any other interested agencies that this is not currently a permitted use for tfiis focation. Thank you. Jeff Hawkins Zoning Specialist Cas� �'Q''rA°aeC�k'L� � C �■ — City's Exh. # 3 — : Peter Pangborn - 1676 Lexington Pkwy N .. _ .. ...__ ,. .. _. __.. _-. _ ... . ° ' Page 1 : From: Jeff Hawkins D� � � / To: Asuncion, Corinne; Palmer, Ginger, Rozek, Christine Date: 1 /29/01 7:37AM Subject: 1676 lexington Pkwy N Depending on the property line which is difficult to determine in the winter the building is between 10- 15 feet from the adjoining residential property. Contact me if you need more. Jeff Hawkins Cash-A-Check, LLC d/b/a Money X Change "–" City's Exh. # 4 — OFF'ICE OF ADMIlVISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In Re the License Application of Cash-A-Check, LLC d/b/a Money X Change CITY'S PROPOSED EXHIBITS February 13, 2001 o1-a 7 � �j`-�o� Z�ECI� TO: Judge ��, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list ofthe City's proposed exhibits forthe Administrative Hearing on February 13, 2001. Exhibit No. E}ch. No. 1 Exh. No. 2 E�. No. 3 Description License Application, dated November 27, 2000 with cover letter from the Minnesota Depart of Commerce, dated January 22, 2001 (19 pp.); Notice of Aearing, dated January 30, 2001, with Affidavit of Service (4 pp.); Memo from Jeff Hawkins to Corinne Asuncion and Christine Rozek, dated 7anuary 24, 2001 (1 p.); Exh. No. 4 Memo from Jeff Hawkins to Corinne Asuncion, Ginger Palmer and Christine Rozek, dated January 29, 2001 (1 p.). Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code § 310.05 St. Paul Legislative Code § 310.06 St. Paui Zoning Code § 60.542 St. Paul Legislative Code Chapter 381 Currency Exchanges bl-�7/ Respectfully submitted this 13rd day of February, 2001. i � \ � Vir � � . Palmer ' Assistant City Attorney Office of The City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 �� CITY OF SAINT PAUL Norm Coleman, Mayor January 30, 2001 OFFICE OF THE CITY ATTORNEY Cln}�[an M. Robirtsan, Jc, CiryAttorney CivilDivision 400 City I S West Kel/ogg Btrd. Saint Paul, Minnesota 55103 NOTICE OF HEARING Mr. Mazk Austin Smith Cash-A-Check GO Innovative Financial Systems, Inc. �459 `'�ash:ngton Drive, Suite 202 Eagan, Minnesota 55122 r�/ 71 Teleplrone: 651266-87/ 0 Facsimite: 651 298-5619 � / 0 � ?, F�ct y � �� ;'f} �=� < �� w c �, y � �' = � . f' p c11 RE: Currency Exchange License Application submitted by Cash-A-Check, LLC d/b/a Money X Change for the premises located at 1676 Lexington Avenue in St. Paul Dear Mr. Smith: Please take notice that a hearing will be held at the following time, date and place concerning the currency exchange license application for the premises identified above: Date: Tuesday, February 13, 2001 Time: 9:30 a.m. Place: Room 42 St. Paul City Hall 15 W. Kellogg Blvd. 5t. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Allan W. Klein Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-341-7609 ��-a � � The Council of the City of Saint Paui has the authority to provide for hearings concerning licensed premises and for adverse action a�ainst such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action a�ainst all the licenses you hold at the above premises as follows: Saint Paul Zoning Code §60.542 permits currency eschanges in a B-2 district when the business is located at least one hundred (100) feet from any residential lot in a residential district or at least one hundred (100) feet from any residential lot occupied with a one-,two-, three-, four-, townhouse, or multiple-family dwelling, measured from the closest point of the building in whech the bssiness is located to the closest resi�lenYial groperty line. The application for 1676 Lexington Parkway North is adjacent to a single family home in an R 3 residential area. The proposed location is zoned B-2. The measurement from the closest point ofthe building in which the business is located to the closest residential property line was between 10 and 15 feet. Accordingly, this business is not permitted at this location. You have the right to be represented by an attorney before and during the hearing or you can represent yourseif. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each oFwhom the licensee or attomey may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each ofwhom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony &om persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. Notice of Hearing - Page 2 _.. a l a �� You should bring to the hearin� all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 14Q0.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attomey contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challen�e the allegations will be forfeited and the allegations a�ainst you which have been stated earlier in this notice may be taken as true. If non- public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. If you have any questions, you can call me at 266-8710. Very truly yours, '/� lJ�-l��--�. _ G�a Virgin a D. Palmer Assistant City Attorney cc: Mark A. Smith, Money X Change, 2431 West 7"' Street, St. Paul, MN 55114 5herri Marzario, 16315 Victoria Curve, Prior Lake, MN 55372 LaVonRegan, Office ofAdministrativeHearings,100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Roger Curtis, Director, LIEP Christine Rozek, LIEP Sue McCall, Community Organizer, District 10 Como Commujity Council, 1556 Como Ave., St. Paul, MN 55108 Notice of Hearing - Page 3 Council File # O \ — el � �. ORIGINAL Presented By Referred To Crreen Sheet # � �'p'�nS o�s Committee: Date 1 WHEREAS, Cash-A-Check, LLC, d/b/a Money X Change, has applied to the Minnesota 2 Department of Commerce for a currency exchange license at 1676 Lexington Avenue; and 3 4 WHEREAS, pursuant to Minn. Stat.§53A the application was submitted to Saint Paul for 5 approval or disapproval; and 7 WHEREAS, the Office of License, Inspections and Environmental Protection has 8 recommended denial of the application because the location in question does not meet the 9 sepazation requirements of Saint Paul Legislative Code §60.542, in that the building in which the 10 business intends to locate is within 100 feet of a residentiallot; and - � 11 12 WHEREAS, the applicant appeared at the hearing before an Administrative Law Judge, 13 and the matter was heard on February 13, 2001, at which time�he Applicant stipulated that the 14 location in question was in violation of the zoning code, but requested time to determine if a 15 variance could be obtained; and 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, the ALJ issued Findings of Fact, Conclusions and a Recommendarion dated March 1, 2001, recommending denial of the license; and WHEREAS, after the ALJ issued his Report, the Applicant submitted a letter to the ALJ indicating his intention to withdraw tris application for a currency exchange license at that location; and WHEREAS, Saint Paul Legislative Code §381.03(b)(10), provides that a cuzrency exchange license may be disapproved if the applicant or its proposed business location does not comply with applicable zoning, building, fire and health codes; now, therefore, be it RESOLVED, that the City of Saint Paul recommends disapproval of the currency exchange license applicarion by Cash-A-Check, LLC, d/b/a Money X Change for the premises located at 1676 Lexington Avenue in Saint Paul to the Minnesota Department of Commerce. RESOLUTION CITY OF SAINT PAUL, MINNESOTA i a 3 4 5 o�-a.rn FLTRTHER RESOLVED, that the Findings of Fact, Conclusions and Recommendation of the ALJ shall be adopted as the findings of the City Council in this matter. n�� ...� , . � . . . ' Requested by Department of: Adoption Certified by Council Secretazy Bv: _�,�. 1 �- 4r, J°-'�" Approved by Mayos: Date Z f BY � � /�� By: Form Approved by City Att� By: Approved by Mayox for Submission to Council By: Adopted by Council: Date 1`�\___11� �\ a00� ��_ �`� coun�il Councilmember Reiter 266-8650 M3ICt1 21, 2��1 March 9, 2001 .a� TOTAL # OF SIGNATURE PAGES GREEN SHEET O l -a'1� No 110305 oe.�nrn�rowECiw Urnrcous�._ an�nonxtr ❑anmK s.uwrwa�u�ncesak ❑ wvwuetmmacere � Wlnrtlatnsasvortl ❑ (CL1P ALL LOCATIONS FOR SIGNATURE) Disapproval of the currency exchange license application by Cash-A-Check, LI.C, dba Money X Change, 1676 Lexington Avenue and adopting the Findings of Fac�; Conclusions of Law, and Recommendation of the Administrative Law Judge. PLANNING CAMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION IF APPROVED S RSONAL SERVICE CONiAACTS MUST ANSWEIt iHE FOLLOWING QUE57ION5: Nas this persoNfmm everworked untler a cwRract fwMis dePartmeM? VES NO Has this perso�✓firtn ever been a c.ity empbyee? YES NO Oces this persoNfirtn possess a sldll not normallypossessetl by any curtent city employee? YES NO Is this person/(fm a tarpeted vendoR VES NO COST/REVENUE BUDGETEC (CIRCLE ON� YES NO SOURCE ACTNINNUMBER INFORMATION �F]�WNj OFFICE OF THE CITY ATTORNEY C[ayton M Robinson, Jn, Ciry Attorney ("S .] CITY OF SAINT PAUL Norn� Colemnn, Mny�or February 21, 2001 crvrt orv�ro� 400 City Ha(! /i West Kellogg B(vd. Saint Pnul, Minnuotrs 55102 �,��, Te[epkorse: 651 266-87/0 Fncsimile: 65I 298-5619 L�ua�� °Sa2fCh {`i��l�?i NOTICE OF COUNCIL HEARING Mr. Mark Austin Smith Cash-A-Check ' � �� ' . �,rs ��3�i::,`. , , _ C/O Innovative Financiai Systems, Ina c� ., � �� 3459 Washington Drive, Suite 202 �� "° �� -s � Eagan, Minnesota 55122 RE: Currency Exchange License Application subm3tted by Cash-A-Check, LLC dJb/a Money X Change for the premises located at 1676 Lexington Avenue in St. Paul Dear Mr. Smith: Given the time constraints for a response to the Minnesota Department of Commerce on your application for a currency exchange license, and in anticipation of timely receipt of an Administrative Law Judge's report, we have scheduled this matter for public hearing in front of the Saint Paul City Council, City Council Chambers, Third Floor, Saint Paul City Hall, on Wednesday, March 7, 2001. Public heazings begin at 530 p.m.. If you have any questions, I can be reached at 651-266-8710. Sincerely, -�/ �� Virginia D. Palmer Assistant City Attomey cc: Mark A. Smith, Money X Change, 2431 West 7"' Street, St. Paul, MN 55114 Sherri Marzario, 16315 Victoria Curve, Prior Lake, MN 55372 LaVonRegan, Office ofAdministrativeHearings,100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Roger Curtis, Director, LIEP Christine Rozek, LIEP Sue McCall, Community Organizer, District 10 Como Commujity Council, 1556 Como Ave., St. Paul, MN 55108 MAR. -01' 01 �THU) 11:Z0 OFFICE OF ADMIN. NEARING TEL 6123492665 P. 002 o�-a�� 1-6D20-14113-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY COUNCI� OF THE CITY OF ST. PAUL In the Matter of the Currency Exchange FINDINGS OF FACT, License Application of Cash-A-Check, CONC�us o_ N� s nNa LLC d/b/a Money X Change for the RECOMMENbATION Premises Iocated at 1676 Lexington Avanue in St. Paul The above-entitled matter was came on for hearing before Administrative Law Judge George A. Seck, serving as heating o�ticer Sor the St. Pau! City Council on February 13, 2001 at 9:30 a.m. in Room 42, St. Paul City Hall, Ramsey County Courthouse. By consent of the parties, that hearing was continued for the purpose of conducting an inquiry that coufd lead to settlement of this mafter. The continuance was granted to February 20, 2001, at 1:30 p.m., when a telephone confefence was scheduled to take place. Virginia 0. Palmer, Assisfant City Attorney, 400 City Hall, 15 West Kellogg Blvd., St. Paul, MN 55102, appeared on behalf the Office of License, Inspections and Environmentai Protection (L1EP). Mark Austin Sst�ith, Attorney at Law, 13969 Grand Avenue, Burnsviile, MN 55372, appeared on behalf of Cash-A- Check, LLG (Cash-A-Check). The record in this matter closed on February 26, 2001. NOTIC This Report is a recommendation, not a final decision. The St. Paul City Council will make the final decision after a review of the record and may adopt, reject or modify these Findings of Fact, Conclusions and Recommendafion. Under Section 310.05(c)(o-1) of the City's Legislative Code, the City Council will provide the applicant the opportunity to present oral or written argument to the City Council before it takes final action. Parties shauld contact the 5t. Paul City Council to determine the procedure for presenting argument. STATE ENT OF ISSUE Should this application for a currency exchange license t�e approved by the St, Paul City Council? Based upon aIl of the proceedings herein, the Administrative Law Judge makes the following: MRR-01-2901 11�4B 6123492665 94� P.02 '��R. -01' O1 (THU1 11:20 OFfICE OF A�MIN. HEARING TEL�6123492665 P. 003 O 1-1�1 \ FINDINGS OF FACT 1. On January 22, 2001 the Qepartment of Commerce forwarded an application for a currency exchange license to fhe City of St. Paul, Marlc Smfth had submitted the application to the Department to operate a currency. exchange business at 1676 Lexington Avenue North in St. Paui. The appiication indicates that the name of the currency exchange will be MoneyXchan�e, which is the business name of Gash-A-Check, LLC, a Minnesota corporation. 2. A search of criminal history filed by the Minnesota Bureau of Criminal Apprehension found no record for Mark Austin Smith? 3. The proposed location for the ourrency exchange is not within one- ha{f mile of another licensed cufrency exchange. 4. The currency exchange is proposed to be locatad in a building within 10� feet of a residential lot 3 5, The oparation of a currency exchange at the proposed location is not permitted under with the St. Paul Zoning Code. No variance has been obtained firom this restriction imposed by the St. Paul Zoning Code. 6. The proposed lacation is in compliance with the fire and heaith requirements of the City of St. Paul. 7. Upon receipi of the appVication irom the DepaRment of Commerce the City provided notice of the application to community organizations. The City received no objections to the issuance of the currency exchange license. 8. On January 30, 2001 the City issued a Notice of Hearing on the application which set a hearing for February 13, 2001 5 9. After taking some testimony, the parties agreed to continue the hearing to determine if a variance could be o6tained from the St. Paul Zoning Code to allow the proposed currency exchange to be established within 100 feet of a residential lot. The parties agreed that a telephone confesence would be held on February 20, 2001, at 1:30 p.m. 10. Mo one was available to partieipate in the telephone conference scheduled for February 20, 2001 on behalf of Cash-A-Check. The Administrative Law Judge informed Cash-A-Check, by Vetter dated February 21, 2001 that failure to respond by February 26, 2001 would result in a default report being issued to the Ciiy Council. No response has been received from Cash-A-Check. ' Ex. �. z Ex. 'I. 9 Ex. 2. The parties also stipulated to this fact at the hearing. ` Ex. 2. 5 Ex. 2. MAR-01-2001 11-48 6123492665 94i P.03 N.AR.-01'OIITHUI 11:?0 OFFICE OF ADMIN.HEARING TEL:61?3492665 P. D04 Q�\-�'1\ Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The City 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 §§ 310.05, 31�.06 and 381.02. 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, Ch. 53A and § 381 of the Legislative Code of the City of St. Paul. 4. The applicant has complied with the application requirements set out in law. 5. St. Paul Zoning Code Section 60.542(4) estabflshes alfowed land uses for currency exchange businesses when the following requirement is met: Currency exchange business when located at least one hundred (100) feet from any residential lot in a residential district or at least one hundred (100} feet from any residential lot occuQied with a one-, two-, three-, four-, townhouse, or multipl�family dwelling, measured from the closest point of the building in which the business is located to the closest residential property line. 6. That the record in this matter shows by a preponderance of the evidence that the proposed currency exchange location is not an allowed use for a currency exchange business. 7. The applicant has not introducsd any evidence that a variance has been obtained from the restrictions imposed by St. Paui Zoning Code Section 60.542(�}) on currency exchange businesses. g, St. Paul Legisiative Code Section 381.03(b}(10) includes noncompliancs in the proposed business location as a ground to disapprove a currency exchange appfication. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: MAR-01-20a1 11�49 6123492665 94i P.04 :NAR. -01' 01 �TNU) 11:?0 OFFIGE OF A�MIN. HEARING TEL 6123492665 P. 005 � \ -3'11 RECOMMENDATION I715 HEREBY RESPECTFULLY RECOMMENDED: That the St. Pau1 City Councii deny the application for a currency exchange license by Cash-A-Check, LLC for premises located at 1676 Lexington Avenue in St. Paul. Dated this 1 st day of March 2001. <�'�� / GEORGEA. B Administrative Law Judge Reported: Taped, No Transcript Prepared. NOTICE Pursuant to Minn. Stat. § 53A.04, the St. Paul City Council is required to forward its approval or disapproval of the license application to the Commissioner of Commerce of the State of Minnesota for the Commissioner's approval or disapproval. If the application is denied, the Gommissioner shall mail notice of the den'tal and the reason therefor to the applicant, The applicant, upon denial, may request a further hearing as provided for in Minn. Stat. § 53A.04(b), MEMORANDUM The only objection to Cash-A-Check's currency application is that the proposed locstion does not conform zoning requirement. The hearing was continued to allow investigate the possibiiity of obtaining a variance. With the Check to participate further in this proceeding, there has been variance was, or could be, obtained. >xchange license to the applicable Cash-A-Check to fai4ure of Cash-A- no showing that a The record on this appeal demonstrates that the proposed business location is not an allowable use for a currency exchange business. Accordingly, it is recommended that the City Council deny the license application 6y Cash-A- Check for a currency exchange at the proposed location. G.A.B. MRR-01-2001 11�49 6123492665 94i P.05 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 March 1. 2001 Fred Owusu, City Clerk 170 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 �¢r�4l��l� � � �001 �,�� K RE: In the Matter of the Currency Exchange License Application of Cash-A-Check, LLC d/b/a Money X Change for the Premises located at 1676 Lexington Avenue in St. Paul OAH Docket No. 1-6020-14113-3 Dear Mr. Owusu: b�-a7� Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions and Recommendation in the above-entitled matter. Also enclosed is the o�cial 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 341-7642. Our file in this matter is now being closed. Sincerely, � `�� ; d�G� GEORGE A. BECK � Administrative Law Judge Telephone: 612/341-7601 GAB:cr Encl. cc: Virginia D. Palmer Mark Austin Smith Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 �TTY No. (612) 341-7346� Fax IVo. (612) 349-2665 ��-a7� 1-6020-14113-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY COUNCIL OF THE CITY OF ST. PAUL In the Matter of the Currency Exchange License Application of Cash-A-Check, LLC d/b/a Money X Change for the Premises located at 1676 Lexington Avenue in St. Paul F{NDINGS OF FACT CONCLUSIONS AND RECOMMENDATION The above-entitled matter was came on for hearing before Administrative Law Judge George A. Beck, serving as hearing officer for the St. Pauf City Council on February 13, 2001 at 9:30 a.m. in Room 42, St. Paui City Hall, Ramsey County Courthouse. By consent of the parties, that hearing was continued for the purpose of conducting an inquiry that couid lead to settlement of this matter. The continuance was granted to February 20, 2001, at 1:30 p.m., when a telephone conference was scheduled to take place. Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Kellogg Blvd., St. Paul, MN 55102, appeared on behalf the Office of License, Inspections and Environmental Protection (LIEP). Mark Austin Smith, Attorney at Law, 13969 Grand Avenue, Burnsville, MN 55372, appeared on behalf of Cash-A- Check, LLC (Cash-A-Check). The record in this matter closed on February 26, 2001. NOTIGE This Report is a recommendation, not a final decision. The St. Paul City Council will make the final decision after a review of the record and may adopt, reject or modify these Findings of Fact, Conclusions and Recommendation. Under Section 310.05(c)(c-1) of the City's Legislative Code, the City Council will provide the applicant the opportunity to present oral or written argument to the City Council before it takes finaf action. Parties shoufd contact the St. Paul City Council to determine the procedure for presenting argument. STATEMENT OF ISSUE Should this application for a currency exchange license be approved by the St. Paul City Council? Based upon all of the proceedings herein, the Administrative Law Judge makes the following: 01-�Z1 FINDINGS OF FACT 1. On January 22, 2001 the Department of Commerce forwarded an application for a currency exchange iicense to the City of St. Paul. Mark Smith had submitted the application to the Department to operate a currency. exchange business at 1676 Lexington Avenue North in St. Paul. The application indicates that the name of the currency exchange will be MoneyXchan�e, which is the business name of Cash-A-Check, LLC, a Minnesota corporation. 2. A search of criminal history filed by the Minnesota Bureau of Criminal Apprehension found no record for Mark Austin Smith. 3. The proposed location for the currency exchange is not within one- half mile of another licensed currency exchange. 4. The currency exchange is proposed to be located in a buiiding within 100 feet of a residential lot 3 5. The operation of a currency exchange at the proposed location is not permitted under with the St. Paul Zoning Code. No variance has been obtained from this restriction imposed by the St. Paul Zoning Code. 6. The proposed location is in compliance with the fire and health requirements of the City of St. Paul. 7. Upon receipt of the application from the Department of Commerce the City provided notice of the application to community organizations.' The City received no objections to the issuance of the currency exchange license. 8. On January 30, 2001 the City issued a Notice of Hearing on the application which set a hearing for February 13, 2001. 9. After taking some testimony, the parties agreed to continue the hearing to determine if a variance could be obtained from the St. Paul Zoning Code to allow the proposed currency exchange to be established within 100 feet of a residential lot. The parties agreed that a telephone conference would be held on February 20, 2001, at 1:30 p.m. 10. No one was available to participate in the telephone conference scheduled for February 20, 2001 on behalf of Cash-A-Check. The Administrative Law Judge informed Cash-A-Check, by letter dated February 21, 2001 that failure to respond by February 26, 2001 wou{d resu{t in a default report being issued to the City Council. No response has been received from Cash-A-Check. ' Ex. 1. Z Ex.1. 3 Ex. 2. The parties also stipulated to this fact at the hearing. ° Ex. 2. 5 Ex. 2. oj-a�1 Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The City 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 §§ 310.05, 310.06 and 381.02. 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. Ch. 53A and § 381 of the Legislative Code of the City of St. Paul. 4. The applicant has complied with the application requirements set out in law. 5. St. Paul Zoning Code Section 60.542(4) establishes allowed land uses for currency exchange businesses when the following requirement is met: Currency exchange business when located at least one hundred (100) feet from any residential lot in a residential district or at least one hundred (100) feet from any residential lot occupied with a one-, two-, three-, four-, townhouse, or multiple-family dwelling, measured from the closest point of the building in which the business is located to the closest residential property line. 6. That the record in this matter shows by a preponderance of the evidence that the proposed currency exchange location is not an allowed use for a currency exchange business. 7. The applicant has not introduced any evidence that a variance has been obtained from the restrictions imposed by St. Paul Zoning Code Section 60.542(4) on currency exchange businesses. 8. St. Paul Legislative Code Section 381.03(b)(10) includes noncompliance in the proposed business location as a ground to disapprove a currency exchange application. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: ol-a�j RECOMMENDATION IT IS HEREBY RESPECTFULLY RECOMMENDED: That the St. Paul Gity Council deny the application for a currency exchange license by Cash-A-Check, LLC for premises located at 1676 Lexington Avenue in St. Paul. Dated this 1st day of March 2001. <�`��, �`'�'�- � GEORGE A. B Administrative Law Judge Reported: Taped, No Transcript Prepared. NOTICE Pursuant to Minn. Stat. � 53A.04, the St. Paul City Council is required to forward its approval or disapproval of the license application to the Commissioner of Commerce of the State of Minnesota for the Commissioner's approval or disapproval. If the application is denied, the Commissioner shall mail notice of the denial and the reason therefor to the applicant. The applicant, upon denial, may request a further hearing as provided for in Minn. Stat. § 53A.04(b). MEMORANDUM The only objection to Cash-A-Check's currency exchange license application is that the proposed location does not conform to the applicable zoning requirement. The hearing was continued to allow Cash-A-Check to investigate the possibility of obtaining a variance. With the failure of Cash-A- Check to participate further in this proceeding, there has been no showing that a variance was, or could be, obtained. The record on this appeal demonstrates that the proposed business location is not an allowable use for a currency exchange business. Accordingly, it is recommended that the City Council deny the license application by Cash-A- Check for a currency exchange at the proposed location. �� ' : ,. STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) ol-a7/ AFFIDAVIT OF SERVICE BY U.S. MAIL Cindy Ringdahl, being first duly sworn, hereby deposes and says that on the 1st day of March, 2001, at the City of Minneapolis, county and state aforementioned, she served the attached FINDINGS OF FACT. CONCLUSIONS AND RECOMMENDATION: OAH Docket No. 1-6020-14113-3 by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid and addressed to the individuals named herein. Fred Owusu, City Clerk 170 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Virginia D. Palmer Assistant City Attorney 15 VV. Kellogg Blvd., Suite 400 St. Paul, MN 55102 Mark Austin Smith Attorney at Law 13969 Grand Avenue Burnsville, MN 55372 Subscribed and sworn to before me this 1st day of March otary Public c Cindy Rin d hl 2001. -,,..�� M��{AEL W. LEW�S NOTMY PUBI.IL' - IAINNESOTA . • MY COMMISSION EXPIRES °=�`�: ' JANUARY 31.2005 OFFICE OF THE CITY ATTORNEY C[aytors M. Robinson, Jr., Ciry Aitorney � l a 7/ CITY OF SAINT PAITL Norm Coleman, Mayor R E C E I V E D Civi! DiviSion 400 Ciry Hall O1 FES �! A� �'� I4 rsw�:xerro�arve. Saint Paul, Minnuota 5510? Telephorse: 65/ 166-8710 Facsimile: 65I 298-5619 February 20, 2001 The Honorable George Beck Adininistrative Law Judge Office of Administrative Hearings 100 Washington Square, Suite 1700 ivlinneapolis, �" 55401 P ii-'" '�M1'?!� .k�i u iIJT't'�:� 1 { 4 � HEi;RI' v� RE: Currency Exchange License Application submitted by Cash-A-Check, LLC, d/b/a Money X Change for the premises located at 1676 Lexington Avenue in Saint Paul Dear Judge Beck: As you know, a hearing on the currency exchange license applicarion referenced above was scheduled for 930 a.m. on February 13, 2001. Mark Smith, a parmer in Cash-A-Check, LLC, appeared on behalf of the license applicant. Mr. Smith was prepared to stipulate that the location, in question is in violation of the Saint Paul Zoning Code, but was appazently going to seek consent from a neighbor. After some discussion, it was agreed that Mr. Smith would contact the State of Minnesota to determine whether the sixty day period which the local government has to respond to the application could be extended. It was my understanding that Mr. Smith was going to obtain the consent of the State in writing to extend the deadline, if possible, or would withdraw his application to allow himself time to file for a variance. There was a telephone conference scheduled for 130 p.m. this afternoon, February 20, 2001. Mr. Smith was not available at that time. At approximately 3:00 p.m. this afternoon you and I spoke about the matter, and I stated that I would try to find out what, if anything had happened on the file. I contacted Robin Brown, in the Financial Examinations Division of the Minnesota Department of Commerce, to ask whether Mr. Smith has made the inquiry about extending the deadline. Ms. Brown stated that she has not heard from Mr. Smith, and that they have no discretion to extend the deadline. I also left a message for Mr. Smith at the number on his application, (952) 898-4021, asking that he contact me to inform.me how he wishes to proceed. Given the fact that Mr. Smith was willing to stipulate to the basis on which the City is recommending denial of the license agplication, and his statement that he would withdraw his license application if the deadline could not be extended, I would suggest that Mr. Smitli be The Honorable George Beck February 20, 2001 Page 2 o1-a 7i given an opportunity to withdraw his application in writing by Monday, Febmary 26, 2001 or have the matter proceed by default. I believe that the documents provided, together with Mr. Smith's statement that he wouid stipulate to the business being within 100 feet of a residential lot, fully supports denial of the license application, and would request that you issue Findings of Fact, Conclusions and a Recommendation to that effect. The City needs to have this matter on the March 7, 2001 Council agenda for consideration in order to meet the deadline for returning a recommendation to the State of Minnesota. Please feel free to contact me if you have any questions. Sincerely, � �l2�iut�( Virgim��mer Assistant City Attomey cc: Christine Rozek, Deputy Director of LIEP Mark A. Smith, Innovative Financial Systems, Inc., 3459 Washington Drive, Suite 202, Eagan, M1V 55112 =EH-2�-2aei 15�54 ST PRUL CITY R?TORNEY CITY OF SAINT PAtiL Nonn Co(e�nan, Mayor Febr¢ary 20, 2001 7he Honorable George Beck Adminisirative Law Judge Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN 55401 651 298 561° P.21ia2 vrri�c vr .nn �,a, a :,. ...,c.l.�, Clny{an M. Robinson, Jr„ Ciry AIlorney CivilDivision a00 Ciry F/nl( !S u'est Ke![agg Bl�d SalrstPnuf, dqinnesqea 55102 DI Teley/iorie- 6S! 266-87/G Fncslmile. 65I 79R-56 � 9 RE: Currency Exchange License Application submitted by Cash-A-Check, LLC, dlb/a Money X Change for the premzse5lpCated at 1676 Lexington A�enue in Saint Paul Dear Judge Beck: As you lrnow, a hearing on the currency exchange license application re£ereriCed above was scheduled for 4:30 a.m. on February 13, 2001. Maik Smith, a partner in Cash-A-Check, LLC, appeazed on behalf of the license appliC2nt. Mr. Smith was prepared to stipulate that the Iocation in question is in violation pf the Saint Paul Zoning Code, but was apparently going to seek consent from a netghbor. After some discussion, it was agzeed that Mr. Smith would contact the 5tate oFMinnesota to determine whether the sixty day period which the loca] govemment has to respond to the application could be extended. It was my understanding that Mr. Smith was going to obtain the consent of the State in wntmg to extend tha deadline, ifpossible, or would withdraw his application to allow himself time to file for a varianee. There was a telephone conference scheduled for 1:30 p.m. this afternoon, Febnzary 20, 2001. Mr. 5mith was not available at that time. At approximateIy 3:00 p.m. this afternoon you and I spoke about the matter, and I stated that I would try to find out what, if anything had happened on the file. I contacted Robin Brown, in the Financial Bxaminations bivision of the Minnesota Deparcment of Commerce, to ask whether Mr. Smith has made the inquiry about extending the deadline. Ms. Brown stated that she has not heard from Mr. Smith, and that they have no discretion to extend the deadline. I also left a message for Mr. Smith at the number on his appiication, (952) 898-4021, asking that he contact me to inform me how he wishes to proceed. Given the fact that Mr. Smith was willing to stipulate to the basis on which the City is recommending denial of the license 2pplication, and his statement that he would withdraw his license appIication if the deadline could noi be extended, 1 would suggest that Mr. Smith be r�B-2a-20ai 15��4 ST PAUL CITY RTTORNEY 651 298 �619 r.02i02 The HonoTable George BeCk February 20, 2001 Fage 2 o�-a7i given an opportunity to withdraw his application in writing by Monday, February 26, 2001 or have the matter proceed by default. I believe that the doCUments provided, together with Mr. Smith's statement that he would stipnlate to the business being within 100 feet of a residential lot, fully supports denial of the license application, end would request that you issue Firidings of Fact, ConcluSions and a Recommendation to that effect. The City needs to have this matter on the Match 7, 2001 Council agenda for consideration in order to meet the deadline for retuming a recommendation to the State of Minnesota. Please feel free to contact me if you have any questiozis. Sincerely, � �� e � 'Virginz D. Palmer Assistant City Attomey cc; Christine Rozek, Deputy Director o� LIEP Mark A. Smith, Innovative Financial Systems, InC., 3459 Washington Drive, Suite 20�, Bagan, MN 55112 ;i;"< ,' ` -r1-c� F. e� FEBf-20'O1(TUE) 16:27 OFFICE OF ADMIN.HEARING TEL:6123492665 P. 001 e�-a7i TRANSACTION REPORT RecePtion Transaction(s) comPleted [i0. TX DATE/TIME DESTI�ATION 560 FE6.20 16�26 651 298 5619 DURATION PGS. RESliLT MODE 0° 00' 49" 002 OK N ECM �;:`�?,I;: z' �r�'i t.: , }�; , Y. 5 , �y� = 3, ��— - ��9�� ; .:' •'...., n ' ..,.. .�w`' February 21, 2001 Mark Austin Smith Cash-A-Check STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota55401-2138 c/o Innovative Financial Systems, Inc. 3459 Washington Dr., Suite 202 Eagan, MN 55112 RE: In the Matter of the Currency Exchange License Application Submitted by Cash-A-Check, LLC d/b/a Money X Change OAH Docket No. 1-6020-14113-3 Dear Mr. Smith: o�-a � Please let me know in writing before 4:30 p.m. on Monday, February 26, 2001 whether you intend to withdraw your application for a currency exchange license for 1676 Lexington Avenue filed on December 6, 2000. You should send a copy to Ms. Palmer and to Robin Brown. My fax number is 612/349-2665. If I do not hear from you, I will submit a default report to the City and the City Council will act on your application based upon the documents and testimony in the record. Since� �(� �--- � . GEORGE A. BECK Administrative Law Judge Telep hone: 612/341-7601 GAB:cr cc: Virginia D. Palmer Robin H. Brown Providing Impartial Hearings for Government and Citizens An Equal Opp ortunity E mployer Administra4ive Law Section & Administrative Services (612) 341-7600 e TDD No. (612) 341-7346 e Fax No. (612) 349-2665 OFFICE OF THE CITY ATTORNEY Clayton M Robinson, Jr., Ciry Attorney of- CITY OF SAINT PAUL Norm Coleman, Mayor February 21, 2001 � �� L CivilDivision 400 City Hal1 IS Wut Kellogg Blvd. Saint Paul, hlinnuota 55/01 Telepkone: 65/ 166-8710 Facsimile: 651 2985619 NOTICE OF COUNCIL HEARING Mr. Mazk Austin Smith Cash-A-Check C/O Innovative Financial Systems, Inc. 3459 Was:ungton Drive, Suite 202 Eagan, Minnesota 55122 �• T � C-'� n-,, �-; �� < rn O 'T! �� I!� � m � � cv � T � �' �J m < � � RE: Currency Exchange License Application submitted by Cash-A-Check, LLC d/b/a Money X Change for the premises located at 1676 Lexington Avenue in St. Paul Deaz Mr. Smith: Given the time constraints for a response to the Minnesota Departrnent of Commerce on your application for a currency exchange license, and in anticipation of timely receipt of an Administrative Law Judge's report, we have scheduled this matter for public heazing in front of the Saint Paul City Council, City Council Chambers, Third Floor, Saint Paul City Hall, on Wednesday, Mazch 7, 2001. Public hearings begin at 530 p.m.. If you have any questions, I can be reached at 651-266-8710. Sincerely, ��,�� .�. � Virginia D. Palmer Assistant City Attorney cc: Mark A. Smith, Money X Change, 2431 West 7"' Street, St. Paul, MN 55114 Sherri Mazzario, 16315 Victoria Curve, Prior Lake, MN 55372 LaVon Regan, Office ofAdministrative Hearings,100 Washington Square, Suite 1700 Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Roger Curtis, Director, LIEP Christine Rozek, LIEP Sue McCall, Community Organizer, District 10 Como Commujity Council, 1556 Como Ave., St. Paui, NIN 55108 �: . °�`,` - �� - '= � 9 �Y :\^ y' : - •"_` February 13, 2001 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 D! a 7l �rginia D. Palmer Mark Austin Smith Assistant City Attorney Cash-A-Check 15 West Kellogg Blvd., Suite 400 clo Innovative Financial Systems, Inc. St. Paul, MN 55102 3459 Washington Dr., Suite 202 Eagan, MN 55112 RE: In the Matter of the Currency Exchange License Application Submitted by Cash-A-Check, LLC d/b/a Money X Change OAH Docket No. 1-6020-14113-3 Dear Ms. Palmer and Mr. Smith: This will confirm that the hearing in the above matter is continued to 1:30 p.m. on Tuesday, February 20, 2001 at which time we will have a telephone conference to discuss the status of this matter. I will call Ms. Palmer at 651/266-8719 and Mr. Smith at 651/905-1010. Sincer y, � GEORGE A. K Administrative Law Judge Telephone:612/341-7601 �� cc: Docket Coordinator Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 • TDD No. (612) 341-7346 o Fax No. (612) 349-2665 . . . . . . . . . Y . . . . . . . . . . . . . .. . � ..•� Y I ," � �� , �c�,�� S'.=. � _ .-.,. February 8, 2001 STATE OF MINNESOTA OFFICE OF ADNIINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 Virginia Palmer Assistant City Attorney Civil Division 400 City Hall 15 West Kellogg Boulevard St. Paul. MN 55102 Mark Austin Smith Cash-A-Check c/o Innovative Financial Systems, Inc. 3459 Washington Drive, Suite 202 Eagan, MN 55122 ol-a7j Re: Currency Exchange License Application Submitted by Cash-A- Check, LLC d/b/a Money X Change; OAH Docket No. 1-6020-14113-3 Dear Ms. Palmer and Mr. Smith: The above-entitled matter has been reassigned to Administrative Law Judge George A. Beck. Please direct all further matters regarding this case to Judge Beck at the Office of Administrative The hearing remains scheduled as previously Docket Number has changed slightly with thi� Ir Hearings; telephone 612/341-7601. noticed. Please note that the OAH reassignment. Very truly yours, �/z��Yt ' c LaVon Regan �� Docket Coordinator Telephone: 612l341-7448 Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administra4ive Law Section & Administra4ive Services (612) 341-7600 • TDD No. (612) 341-7346 o Fax No. (612) 349-2665 a�-a 7 / � � [NNE50'1'A �ARTMENT OF )MMERCE 85 7th Ptace East, Suite 500 St. Paul, Minnesota 55101-2198 651.296.4026 FAX 651.297.1959 TTY 651.297.3067 Christine A. Rozek City of St Paul 350 St. Peter Street, Suite 300 St. Paul, MN 55102 January 22, 2001 RE: Currency Exchange License Application Cash-A-Check, LLC dba MoneyXchange Dear Ms. Rozek: Enclosed is a copy of an application submitted by Mazk Smith to operate a currency exchange business at 1676 Le�ngton Avenue, St. Paul, Minnesota. The name of the cuaency exchange company is Cash-A-Check, LLC dba MoneyXchange Minnesota Statute 53A.04 (a) states: "Within 30 days after the receipt of a complete application, the commissioner shall deny the application or submit the application to the governing body of the local unit of govemment in which the applicant is located or is proposing to be located. The commissioner may not approve the applicafion without the concurrence of the goveming body. The goveming body shall give published notice of its intention to consider the issue and shall solicit testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located. If fhe governing body has not approved or disapproved the issue within 60 days of receipt of the application, concurrence is presumed. The commissioner must approve or disapprove the application within 30 days from receiving the decision of the governing body. The governing body shall have the sole responsibility for its decision. The state shall have no responsibility for that decision." Please respond in writing within 60 days of the receipt of this notice as to the decision of the governing body regarding the application for the currency exchange operation. If I do not heaz from you within 60 days, approval will be presumed and the license will be issued. If you have any guestions, please feel free to contact me. Very lyy� � �� ti�� Robin H. Brown Financial Examinations Division (651)282-9855 Enclosure cc: Mark Smith, MoneyXchange Cash-A-Check, L� /a Money X Change — City's Exh. # 1 — �AN 2 4 2003 Enforcement:1.800.657.3602 Licensing: 1.800.6573978 Energy Information: 1.800.6573710 Undaimed Property: 1.800.925.5668 www.commerce.state.mn.us An Equal Opportunity EmpLoyer nov 27 00 03:03p MoneyXChange 6128982Z09 p.l .• a � STATE OF b'IINNESOTA DEPARTMEi�'P OF COMMERCE • DI4ISION OF FINANCIAL EXAMINAITONS 133 EAST 7TH STREET . ST. PAUL, MIlVNF,Sp'I'A 55101 (651) 28�9855 -.-, . •-;'� = �::L;. \ -� �� _ = :Yi �.:�)�: _ y«. ;�. - i` . D!- OFFICE U5E ONLY Deputy AssG Chief Review Data Entry c��r �� License Number � _ .. 3urety Bond Nuinber Insurance Company CASHIER I7SE Q . i� i� - :; ��L�� ; �� NAIC Number The data, which you furnish on this form, will be used by the Deparcment of Commerce to assess your qualifications for a license. Disclosure of your social security number is voluntary. You a�e not legally required to provide chis data; however, if you do nof provide your social security number, the Depaztment of Commerce may be unable co grant a license. The Department may use social security numbers for revenue recapture as ' authorized by Minnesota Statutes, Chapter 270A and for identification purposes. After issuance of a license, all ��fcrmation contained in this appiication, except your social security number; is public pursuant to Minnesota Statutes, Chapter 13. A. TYPE OF ] .�( NEW O RENEWAL ��F.i�1�. OF CUF.RENLY EXCHANGE NP• �•�£ OF CORPORATION OR PARTNERSHIP t3USL\TESS ADDRESS (No Post Office Boxes) O AMENDED LICENSE /y`� vr� c � � �-�f (," l� - �f';t?�K �iL L�. x E�Y �- I �'r�� A �' I � �7 �;. �-T'� � STATE ZIP CODE � � ��`� � / f 1 ! Y� �� r � I�AME OF INDIVIDUALMANAGING THIS LOCATION S r';.: �w : �,. vn;^✓ � z�'<i C ,T,�i!L�PHONE NUMBBR FAX NUMBER pyl�y � `� L - y �.; ; Cc��> ) �y� ��;t�9 , �=3��c�k one: � SOLE PROPRIETORSHIP O �'ARTiV'ERSHIP 1 CORPURATION X C ofIncorporation or `COUNTY � � ,, . r-r�fl S �G — —L..�___ S CATE TAX ID NL `f C: • 3,-� w � E-1�1�4IL ADDRESS �; = tL�sh : A��= ❑ AS50CIATION � LINIlTBD LIABIIdTY PARTNERSF3IP � I.IlVIITED LIABILTTY COMPANY .S ct�- Mnl ,-, 1 Placc of � State �'/DOC CURREtiCY EXCHANGE APPL 7l99 1 8!3/3999 nov 27 00 03:03p MoneyXChange 6128982209 p.2 : D�-a7 t C, Additional ]icensed cuirency exchange locations operated by the apglicant (use separate sheet }f additional space is needed). S� Cn�'�ac�a� C �oo f �u�� haaress �r.�. ttoxes are not acceptable} ' � City f Street Address (P.O Boxes are not acceptable} � S[ate S[ate Street Address (P.O. Boxes are not acceptable) � City State Street Address (P.O. Boxes are not accepta�le) City , State Zip Code Zip Code Zip Code Zip Code County County County County D. Please provide the namcs and complete business addresses of owners, paztners, officers, stockholders (owning 10% or more of the corporate stock), and employees with aa[hority to exercise mana�ement or policy control over the company. Full Name Official Percent Residence S� I S T � ( � �( 1 L j�'�I i �.�'4..L��J�J1�"l�.v �/Z i a� • .. �2 � ��L f'(N)��.'f Jl'/ll l.4'i y�� : ¢�� afl:�r�;v� �e�� Sec;� _� � � Address 3�S n ti:rt�r�� C,.�✓� y'�'.��..�C hV $+i1, 3e�" U.ff„%. [..i..2 ic.'. (<,Xz /�!b' J .i 7'71 > �� SqP.Az��,�st ocia ecunty girth Date Numb r.�� '!' J � 2 nov 27 00 03:04p MoneyXChange 6128952209 p.3 � � ot 7 � E. ALL applicants must answer the following que�stions. If any questioas are ansWered °�YF,s, you MUST attach a detaiied written expiaaation and any legal doc�mentation, if applicabie, FIave yon, any of the owners, partne�, ofhc,ers, a� ��, or shareholders owning more than IOya of the corpocace sYock: YES NQ 0 .� 1. HeId a cutrency exchange license in any other state other than 1�Tinnesota? If YFS, tha new license application must iaclude a verification of license:certified by the state(s); a11 other applicants must verify that tlie certification(s) previously submitted is accurate. 0 � 2. Been the subject of any inquiry or investigation by any division of the Minnesota � . Department of Commerce? � 0 'Q�3, Had any occupationat license censuced, suspended, revoked, cancelled, terminated or been the subject of any type of administrative action in any state including Minnesota? � �4. Have yoa ever been charged with, or convicted of, or heen indicted for, or entered a plea to, any criminal offense (feIony, gross misdemeaaor or misdemeanor), other than traffic violations, in any State or Federal Court? � � 5. Been a defendant in any lawsuit invo]ving ciaims of fravd, misrepresentat;on, conversion, mismanagement of funds or breach of contract? ❑ � 6. Been notified by the Commissioner of Revenue, pursuant to Minnesota Statutes, Section 270A.72, that you canently owe the State of Minnesota taxes? O d � a �7. �Iave any unclaimed property (unciaimed funds or property over 3 yeazs old) to report under Minnesota Statutes, Section 34537? � 8. Filed for bankruptcy or protection from creditors or cutrently have outstandiag unsatisfied j udgment(s)? <kC . .� 9. Been affiliated with any other currenc exchan e? �;, '' -- ^_� ' Y S 'N�`� << . ,`.�� .= :fiir:..�_ � 10. Will the applicant sell lottery tickets at the licensed Iocation7 I HEREBY CERTIFY THAT ALL INFORMATION CONTAIlVED IN THIS APPLICATION AND ANY ACCOMPANYING DOCUMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. �: I CERTIFY THAT T S DOCUMENT HAS NOT BEEN ALTERED OR CHANGED IN ANY MANNER FRO�i1 TFIE FORM AD�PTED BY THE DEPARTMENT OF COMI��RCE. Sia ature Owner, Partner or Corporate Of6cer S 7"rnJ . 5��'�, Print Name of Owner, Partner, or Corporate O£ficer Date � 3 nov z7 0� 03:04p MoneyXChange 6128982209 p.4 : ., ; �i-� 7 I (unless otherwise aoted) �� All NEW appiicants must provide a signed, notarized statement finm the appiir,aat stating the proposed Iocadon of che currency exchange is not located within UZ mile of another currency exctiange. '- q� A cuireat fee schedule of atl fees charged by your cucrency exchange office for cashing checks, money orders or travelers' checks. The lisi MITST include the type of check cashed, the fee charged, aad whether or not the fee varies depending on tha amount of the check. � Ail owners, partners, o�cers, stockholders (owning 10% or more of the cotporate stock), and employees , with authority to exercise management or policy contro2 over t[te company must request that the Bureau of Criminal Apprehension conduct a back�ound investigation on the form provided. Completed form(s) '=` MI1ST be submitted with your license or renewal application. �,QtVl�g,;�i: � The work experience covering ten (10) years prior to application for each person listed. �$ A surety bond for $10,000 (on the forms pmvided) with a power of attomey form. : '.. � A check or money order made payable to "Deparhnent of Commerce" for: New AppIicants: $1,500.00 ($1,000.00 non-refundable application fee and $SOO.00 licensing fee.) Amendment Fee: $100.00 License Renewal Fee $500.00 � If applicant is a corporaEion, attach a copy of the Articles of Incoiporation filed with the Secretary of State. "E�' If the applicant is a partnership, attach a copy of the Articles/Agreemeat of Partnership. � The name under which the business will be conducted must be exactly the same as the name on your license. If operating under any name other than the exact corporate or paztnership r�ame or, if an individual proprietorship doing business under any name other than yoar first �and last name, attach a copy of the Assumed Name Certificate by the Minnesota Secretazy of State (651} 296-2803. To, apply, complete (please type or print in ink) and submit this form with the required fee to the Department of Commerce, Division of Financial Examinations, 133 East 7th Street; St. Paal, MN 55101. Check or money order must be payable to the "Degartment of Commerce". WE CANNOT ACCEPT CASH. Incomplete forms wiIl be returned to the business address listed. For further information on the application process, applicants may contact the Division at (651) 282-9855 or via e=mail, financial@state.mn,us. The application is available on the �Department of Commerce website, www.commercestate.mn.us. 0 nav 27 00 03:12p s � MoneyXthange 139b9 Grand Aveune Bamsville, MN 55337 MoneyXChange MONEYXCHANGE STORES MoneyXchange 1147 Canterbury Road Shakopee, MN 55379 bioaeyXchange 1108 �erling Drive Shakopee, MN 55379 MoneyXchange 12 East Franklin MPLS, hIN 55404 MoneyXc6ange 1328 So. Robert Street West St. Paul, biN 55118 MoneyXchange 2431 W. 7`" Street St. Paul, MN 55116 MoneyXchange 15100 Cedar Ave Saite Z00 Apple Valley, MN 55124 MoneyXchange 8160 Couaty Rd. 42 Snite �00 Savage, MN 55378 MoneyXchange � ] 01 E. �uperior Street : Duluth, MN 55802 612898Z209 Phoae:952-898-4021 Fax: 952-898-2209 Phone: 952-445-1444 Fax: 952-445-1466 Phone:952-445-38Z2 Faz: 952-445-3971 Phone: 952-870-0090 Faa: 952-870-87U5- �, Phone:651-450-6580 Fa�c: 651-450-5568 Phone:651-690-5070 Fax: 651-640-S1I7 Phone:952-432-8171 Fax: 952-432-4898 - Phone:95Z-226-5959 Fax: 952-226-5961 Phone:218-722-3766 Fax: 21&722-3853 MoneyXchange 4110 Centera! Avenae Suite 204 Columbia Heights, MN 55421 Money Xchange 7620 Lyndale Ave. RichfieId, MN 55423 Phone:612-788-4378 Fac: 612-788-4412 Phone:612-861-4888 Fas: 61z-861-2974 p.3 D! 7/ ,� _. 3% Payroll, Government Over $500.01, Company 6% Money orders, cashier's checks, insurance drafts 15% Personat Checks 1.5% Senior Citizens 2.5% Govemment under $500 . e 0 o�-a71 ��-a �� ARTiCLES OF ORGANIZATION OF eASH-A=CHECK; LLC - � - - - The undersigned, being a natural person 18 years of age or older and far the purpose of forming a limited liability company for general t;usiness purposes under Mtnnesota Statutes Chapter 322B, hereby adopts the following Articles of Organization: ARTICLE 1 Name: The name of the limited liability company is CASH-A-CHECK, LLC. ARTICLE 2 � Registered O�ce: The address of the registered office of the limited liability company is M. Austin Smith, Esq., C/0 Innovative Financial Systems, Inc., 3459 Washington Drive, Suite 202, Bagan, MN 53122. � ARTICLE 3 Oreanizer: The name and address of the organizer of the limited liability company is M. Austin Smith, Esq., C/0 Innovative Financial Systems, Inc., 3459 Washington Drive, Suite 202, Eagan, MN 55122. ARTICLE 4 / r Period of Eaistence: Unless the limited liability company is dissolved eariier in � accordance with law, the period of existence of the limited liability company shail be thirty (30) years from the date of filing of these Articles of Organization. ARTICLE 5 Membershia Units: Membership interests in the limited liability company shall be represented by Membership Units. Except as provided in the Operating Agreement or any member control agreement, Membership Units shall be equal in all respects and each Membership i3nit outstanding shall be entitled to one vote upon each matter for which members are enritled to vote. ARTICLE 6 Consent to Avoid Dissalution: Upon the occutrence of any event described in Minnesota Statutes Section 322B.80, Subd. 1, clause (5), that temunates the continued membership of a member in this limited liability company and leaves this limited liability company with at least two remaining members, the members with govemanae rights holding a 01��i42 o�-a�% majority of the remaining Membership Units of this limited Iiability company shall have the power to avoid dissoluiion by giving dissolution avoidance consent. ARTICL� 7 Business Continuation Aareement: The members of ttris limited liability company shall have the power to enter into a business continuation agreement. ARTICLE 8 Pre-emptive RiEhts Prohibition: Except as may be provided in any member control agreement goveming this limited liability company, members ofthis limited liability company shall have none of the pre-emptive rights described in Minnesota Statutes Section 322B33 or any successor thereto. ARTICLE 9 Commutative Votina Prohibition: Except as may be provided in any member control agreement goveming this limited liability company, members of this limited liability company shall have none of the rights of cumulative voting described in Minnesota Statutes Section 322B.63 or any successor thereto. ARTICLE 10 Limitation of Liabilitv of Governors: A govemor of this limited company shall not be personally liabie to this limited liability company or its membecs for monetary damages for breach of fiduciary duty as a governor, except for liability (1) based on a breach of the governor's duty of loya]ty to this limited liability company or its members; (2) for acts or omissions not in good faith or that involve intentional misconduct or a knowing violation of law; (3) under Section 322B.56 or Section 80A.23 of the Minnesota Statutes; or (4) for any transaction from which such governor derived an improper personal benefit. If Minnesota Statutes Chapter 322B is hereafter amended to authorize the further elimination or limitation of the liability of governors, then the liability of a govemor of this limited liabitity company, in addition to the limitation on personal liability provided herein, shall be limited to the fullest extent permitted by Minnesota Statutes Chapter 322B, as amended. Any repeal or modification of this Article by the members of this limited liability company shall be prospective only and shall not adversely affect any limitation on the personal liability of a govemor o€this limited liability company existing at the time of such repeal or modification. ARTICI.E 11 Action bv Written Consent: Any action required or permitted to be taken at a meetin, of the Board of Govemors which does not require the approval of the member may be taken by written action signed by the number of govemors thaY would be required to take the same action at a meeting at which all governors were present. However, if the action is one which must be approved by the members, such action may be taken by written action signed by all of the govemors then in office. o!-a�i ARTICLE 12 Pio Dissenters' Ri¢hts: Members of ttns limited liability company shaIl noih�se any of the rights of dissenting members described in ivfinnesota Staiutes Section 322B.383 or any successor thereto. ARTICLE 13 Distribations aad Sharin� of Profits and Losses: The operating agreement may provide for the making of distributions to members and the sharing of profits and losses between or among members on a basis otherthan in proportion to the value reflected in the required records of the comributions of the members. IN WIT'NESS WHEREOF, the undersigned has set his hand this 31�` day of March, 1999. ORGANIZER: � M. Austin mith STATE OF h1lNV��OTA DEPARiMENT OF STATE FILED MAft 31 1999 '��- `�"� "Z�"�"' Secretart � ate h1N. 0� PUB. INFO_ Fex�812-�97-70fi7 DeC 16 '98 1J: T7 - MINNESOTA SECRETARY OF STATE ^J�Vl : _��. , .... a�� AlUlEt+IDMENT TO CERTIFlCATE flF ASSUMED t�tAME • i . illnnesafa S�tutes Cha�er3C�3 _ ��— �� 1...;, Ro�dtnadlnctionsoersw�sid�t�etoneampiWng. FNMgFse: S2S.o0 . �B� O► 311 SS6�8FIYC1 il3qli t�QBS i7f7f �ltDy�L�Qe I158► WHf7 �CIl14ji/Y I�7� t0 t� lIBR78.�iB fltJllQ tS 2qUtIEd FOf Cd�6UR19f � Protecllortarord�to ene6lerAtisumars tobe abtala fderdify thetnreownerofabUSir�ess. .-:e: , . _ .. �.EASE'IYPE OR�PRB�iT�l.EGIBLY(N �.AGKlt+iCfOA AfcCOFID1I�PURP03ES. t. Smte�s�.t e�ame+af�rwhbhthetuqlnessisorwa�becafdt�ated:ans6u�inessrmmePe�aPD�) ` ' � ! � �2 S�ata the � ofths prbw�p31 plxa cf business. � � zl :� I � � � � � l. �� ti �5�� ._ - �, ---- � � - - --- T� code (Ammpfdestreetad�es - .�EeeaeanndbeaP.O.Box.) 3. List the nartie end r�mplete straet address or a1! peraons conducte�g business underthe above Awumed Name. Attadt additiona! shee4(s) if necassa+y. ff the buslness ownAr is a oerporetion ar atber busmass arnfty, Gst fie lega) name and reg�teredofflcaaddreso. , �e (P�seP�Z Srreet �, �Y State .Z'p —^ ✓ � 4t� /�� _� Z ZZ 0� � � �SS20662 Rw. 1ilBS �� •d e9T=TT �0 8� no1J 5. ! certtiy that t em authorrzed to aign this e snd t iurther esrtdy ufderstand maz 6Y signin9 th s��e.4 subject to the pe�ahies d perlury as set fort�!'�4�A�4�a 3t�utes� .�8gs if t f�d signedfhis certlttc�a under oath. �' � J� ��: � �a --- � >--�. '.,�. - MINNESOTA SECRETARY OF STATE CERTIFICATE OF ASSUMED NAME S �,{��T� t+�� 5�j� C . r� ot -a_7 Minnesota Statutes Chapter 333 �� Q� �'1 � Aead the directions on reverse side betore compfeting. Fiting tee: S25.00 The filiog of an assumed name does not provide a user wiih exclusive rights to that name. The filing is required tor consumer proteciion in order fo enabfe eonsumers to be abfe to identify the We owner of a business. PLEASETYPE OR PRINT LEGIBLY iN BLACK INK FOR MICROFILMING PURPOSES. t. Siate the exact assumed name under which the business is or will be conducted: (one business name per application) �'� ✓�� 1 /l _ /+i�r_ �'Y 2 State the address of the principa{ place ot business. required; the address cannot be a P.O.Box. �l1/..n�l,t�, �rn;nnt, �i/� Street City State Zip code 3 List the name and compiete street address of all persons conducting business under the above Assumed Name. Attach additional sheet(s) if necessary. If the business owner is a corporation, provide the legai corporate name and registered office address of the corporation. Name Street 4. t certify that I am a�thorized to sign this certificate and 1 subject to the penalties of perjury as set forth in Minnes� oath. , i- Date C�ty Siate z�P certify that t understand that by signing this certificate, I am �tes section 609.48 as if I had signed this certificate under one and Title Person 05920807 Rev. it/98 A comp(ete street address or rura! route and rurel route box number is is � [/ ��— Daytime Phone Number na �s�3 nav 27 00 03:13p MoneyXChange 6128982209 p.4 o�-a 7l Jessica c. Leff 582 Roundhouse Street _ : , ;., •, . _ Shakopee, MN. 55379 Work Ex�erience � 1992-2944 Worked as Assistant Manager aad as a �Iorist at Pearson Fiorists, Inc. 1994-Present GeneraI Manager at MoneyXchange . hav Z7 00 03:13p MoneyXChange 6128982209 p.5 s M. Anstin Smith 2848 Sunset Blvd. Mpls, MN. 55416 � o�-a � 1 . Work Ex�erience: Attomey & Accredited Iavestor 2 988 — Attomey for Smith & Smith family 1aw firm 1990 — Purcha.sed and managed Designer Wood Company 1993 — Purchased and managed MARJON Capital, L.I,C — Reai Estate holding 1994 — Purchased and managed The Tessman Company I995 — Parchased and managed The Lynde Company Bath chemical distribution companies with offices in Fargo, ND and Sioux Falls, SD. 1997-1998 — Purchased and managed and chairman of the board of Superior F'mancial Corporation ( A 3 bank (FederaI) holding company) 1998 — Formed M. Trast, LI.0 to own and operate currency exchanges nov 27 00 03:13p MoneyXChange 6128982209 p.6 s�� Q 1.6315 vct.oria Curve Prior Lake, iVAI. 55372 Wo� 'ence• 1992 —1998 Owu and operate ctrrrency exchange & pawnshop — Money Xchange � 1990 —1992 Work at WCCO as receptionist . ol-a7 � . ��-a 7� Notarizad Statement for Cash A Check, LLC. for Currency E�cchange License for 1676 I.eacington Avenue, St. Paul, MN 55113 This Statement is on behalf of Cash A Check, LLC. and affirms that the pmposed Currency Exchange location at 1676 Lexington Avenue in St. Paul, Minnesota is not located within a%2 mile of another Currency Exchange. ' Smith Notarized this 27�' day of November, 2000 as to the above signature. '" --, r. �`- <; ,.� Nota blic � � WIRILVN M. I(EMPER `� ►qiMY PUBUC- MItA�SOTA MY COMMISSION ,�; EXPIRES JAN. 31. 2005 � �� B�I��BER:BD790000545868 �,�'�.�{ STATE OF MINNESOTA ,� CURREI�ICY EXCHANGESI3RETY BOND � ` � 7 I Y:NOW ALL PERSONS BY TIiESE FRESENTS: Thai Cash A Check LLG, dba 1�tonep x change (Name of C�urency Exchange) a Minnesota Limited Liability Compaay (Description or form of business organization, including state of incorporation) with businCSS oCftCe at 1676 Lexington Avenue, St. Paul, MN 55113 (Saeet Address, City, State, Zip) asPRINCIPAL and Nationwide Mutual -Insurance Company (Name of Su*ety) a corporation duly organized under the laws of the State of ohio which is auihorized to engage in the business of insurance in the State of Minnesota, as SUR�"I'Y, are hereby held and firmly bound to thc Dcpartment of Commerce of the State of Minnesota in the sum of TEN THOUSAND DOLLARS ($10,000). Principal and Surety hereby bind themselves, their tepresentadves, successors and assigns, jointly and severally by thcsc �resents. 'Che partics further agree that: I. Thc putpose of this obligation, which is required by Minnesota Statutes, Section 53A.08, is to secure the compliance by Principal with the terms of Minnesota Statutes, Se6tiori�S3A.03 to 53�c:13, and any other legal obligations arising out of the Principal's conduct as a currency exchange. °'�` `� �; ' � , . 2. 1'his bond is for thc benefit of the State of Minnesota and all persons suffecxng.d�mage$ by'reason of the Principal's failure to comply with Minnesota Statutes, Section 53A.02 to 53A.08, or other legal obligations arising out of Principat's conduct as a currency exchange. If the Principal sha(I violate Minnesota Statutes, Section 53A.02 to 53A.08, or other legal obligations arising out of its conduct as a currency exchange, the Commissioner of Commerce, as well as any person damaged as a rc:.:alt of such vioiatioa shalf have, in addition to ail other legal remedies, a right of action on this bond in ttic nnmc of the injured party for loss sustained by the injured pazty. 4. 'This bond shal( bc effcctive from December 31, 200o until Becember 31, 2001 _.____ � • (Year} Signcd ar�d Scaled this 3oth day of November , � I Nationwide Mutual Insurance Company B � (Name of Surety) (�jgna in Fact of 5uraty Coinpar.y) � Cash A Check LLC;dba Money X Change By , �� (Name of Currency Exchange) (Signature of Sole Proprietor, Partner, or President) � � s � * r « * � * r x � s a s � * w.�k * * * * TOR D�PARTM�NT USE ONLY Apnroved as to form and exccation by Department of Commerce. Power of Atforney � ��o� _ er a 7/ KNOW ALL MEN BY THESE PRESENTS THAT Nationwide Mutual Insurance Company, a cotporarion organized under the laws of the State of Ohio, wi[h its principal office in the Crty of Columbus, Ohio, hereinaftet called 'Compan}�', does hereby make, constitute and appoint SALLY e� %LEIN DENNLS J. BOR% MARY E. %RAAIER iNARK A. GRESSER SHAWN W. FLAVIN SAINT CLOUD MN each in their individual capacity, its true and lawful Attomey-In-Fact with fuIl power and autfiority to sign, seal, and execute in its behalf any and atl bonds and undersakings and other obligatory instruments of similaz naaue in penalties not exceeding the sum of TK'O MII,LION AND NO(100 DOLI.ARS S Z,000,000.00 and to bind the Company thereby, as fully and to the same eatent as if such instrumenis were signed by the duly authorized officers of the Company; and all acts of said Attomey pursuant to the authority hereby given aze hereby ratified and con6rmed. � Tkus Power of Attorney is made and executed pursuant to and by authority of the followino resolufioa duly adopLed by the Board of Directors of the Company. "RESOLVED, Ihat the President, or any Senior V�ice President, Resident �ce President or Second �ce President by, and the same hereby is, authorized and empowered to appoint Attorneys-In-Fact of the Company and to authorized them to execute any and all bonds, undertakings, recognizances, contracts of indemniry, policies, contracts guaranteeing the fidelity of persotts holding posifions of public or private trust, and other writings obligatory in nature which the business of the Company may require; and to modify or revoke, with or without cause, any such appoinunent or authority. The authoriry granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such Attomeys-In-Fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company, subject to the terms and IimitaGons of the power of attorney issued to them, and to affix the seal of the Company thereto, prouided, however, that said seal shall not be necessary for the validity of any such documents." This Power of Attomey is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Boazd of Directors of the Company. ARTICLE VIII °Section 10. Execution of insVUments . Any Vice President and any Assistant Secretaey or Assistant Treasurer shall have the power and authority to sign or attest all approved documents, insVUmenis, conffacts or other papers in connecGon with the operafion of [he business of the company in addition to the Chairman and Chief Executive Of£icer, Ptesident, Treasurer and Secretary: provided, however, the signature of any of ffiem may be printed, engraved or siamped on any approved document, contract, instrument or other papers of tkte Company. IN WITNESS WHEREOF, ffie said Nationwide Mutual Insurance Company has caused this instrument to be sealed and duly attuted by the signature of its �ce President the 28th day of April, 1999. 1�\ ^ � � ACKNOWLEDGMENT ��',��'',�� - By� a) a /�� $�,.�� STATE OF IOWA - �%, � Vice President COUN'['Y OF POLK SS ��,'s�i �� On this 28th day.of April, 1999, before me came the above named V'ice President for Nafionwide Mutual Insurance Company, [o me personal(y known to be the ofFicer described in and who executed the preceding instrument, and he acknowledged [he execution of the same, and being by me duly swom, deposes and says, that he is the ofl'icer of the Company aforesaid, that the seal affixed thete[o is [he corporate seal of said Company, and the said corporate seal and his signature were duly afFuced and subscribed to said instrument by the authority and direction of said Company. � w�� wRnz�.aive "�"""7" � Notary Public My Coaunission expires March 24, 2002 CERTIFICATE I, John F. Delaloye, Assistant Secretary of Nafionwide Mutuat Insurance Company, do hereby certify that the Resolution included herein is a true and correc[ transcript &om the minutes of the meeting of the Board of Directors duly called and held on the 6th day of September, 1967, and the same has not been revoked or atnended in any manner; tha[ said Douglas L. Andersen was on [he date of the execution of ihe foregoing Power of Attorney the duly elected Pice President of Naflonwide Mutuat Insurance Company and the corporate seal and lus signa[tue as Vice President were duly affixed and subscribed to tkte said instnunent by the authority of said Boazd of Directors. IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and afFixed ihe corporate seal of said Company this day of , �_� 00154 This Power oFAttomey expires Bd I (OG-00) 00 06/04/02 ��~��,� �.�� I �� Assistant Secretary aaatexewxae _- ,:�; .� _ . _ -. . : _ .. • _ ,- .. - - - - - Di-a7/ � _ - Department of Commei�ce Attn: Rohin $r4wn 133 East 7'� Street . _ St. Paul, MN 55101 �-� � "� � � � � � , � _ . . _ _ ' . _ $ �l.pfFc..13' � . ' ' ' � � , ' S[2`n 4:. - - - � � _� � _ : {}�� ' � ZOfl� ' , . ca . � _ _-. .. . . �. _ , f ;�c;a: C�,*,.c. _. RE: New ApplicaYio� for �67b �.e�gtaa Avenue - November 28, 2000 Dear Robin, Please find enclosed a fully complete application for a new currency exchange business located at 1676 Lea�ington Avenue. We have entered into a lease for tivs location and are anticipating an openi� in late 7anuary of 2001. I have directed our insurance company to issue a bond Yo you directly for this lc�cation and you should be in receipt of this within a day or two. If you have any questions regazding this application, please feel free to call and I appreciate your help in this matter. Please also find enclosed money orders in the amount of $1509 as and for the new check cashing fee. �1 U71� �'� IIi' i �✓✓i�C�-'6 (S �L� YJL�v� _ Z rz�;.,zz �t �,,1� �+� � `� 7(OA1ZSCHH9Qf 1�969 6RAND AVENUF WRNSVILLE, MN SSSST FXONE 611-898J021 FAX Af3-898•1t09 � � OFFIC THE CITY ATI'ORNEY � Clny4on �inson, Jr., Ciry Altornry' CITY OF SAINT PAUL Norm Co[eman, Mny'or January 30, 2001 Civii Divisian 400 Ciry� Hnll 15 West Kellagg Blvd. Saint P¢ul, Minnuota S.i101 NOTICE OF HEARING Mr. Mazk Austin Smith Cash-A-Check C/O Innovative Financial Systems, Inc. 3459 Washington Drive, Suite 202 Eagan, Minnesota 55122 o�-a�� Telephane: 65l 266-87! 0 Fncsimife: 6i 1298-�619 RE: Currency Exchange License Application submitted by Cash-A-Check, LLC d/b/a Money X Change for the premises located at 1676 Lexington Avenue in St. Paul Dear Mr. Smith: Please take notice that a hearing will be held at the following time, date and place concerning the currency exchange license application for the premises identified above: Date: Tuesday, February 13, 2001 Time: 9:30 a.m. Place: Room 42 St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Allan W. HIein Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-341-7609 � Cash-A-Check, LLC d/b/a Money X Change — City's Exh. # 2 — - �- o�-a 7� The Council of the City of �nt Paul has the authority to provide for�arings conceming licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- intoxicating liquor, authority is also conveyed by Minnesota Statutes section 34�A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the jud�e which may lead to adverse action a�ainst all the licenses you hold at the above premises as follows: Saint Paul Zoning Code §60.542 permits currency exchanges in a B-2 district when the business is located at least one hundred (100) feet from any residential lot in a residential district or at least one hundred (100) feet from any residential lot occupied with a one-,two-, three-, four-, townhouse, or multiple-family dwelling, measured from the closest point of the buitding in which the business is located to the closest residential property line. The application for 1676 Lexington Parkway North is adjacent to a single family home in an R-3 residential area. The proposed location is zoned B-2. The measurement from the closest point of the building in which the business is located to the closest residential property line was between 10 and 15 feet. Accordingly, this business is not permitted at this location. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legisiative Code as may be applicable. At the hearing, the Administrative Law 7udge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each ofwhom the City's attomey may cross-examine. The Administrative Law 7udge may in addition heaz relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearin�, the 7udge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. Notice of Hearing - Page 2 �' � o�-a7 You should bring to the h�ng all documents, records and witnes�es you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law 7udge for incorporation into his or her recommendation for Council action. If you fail to appeaz at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated eazlier in this notice may be taken as true. If non- public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. If you have any questions, you can call me at 266-8710. Very truly yours, `/ �� . G�� Vugmia D. Palmer Assistant City Attorney cc: Mark A. Smith, Money X Change, 2431 West 7"' Street, St. Paul, MN 55114 Sherri Marzario, 16315 Victoria Curve, Prior Lake, MN 55372 LaVonRegan, Office ofAdministrativeHearings,100 Washington Squaze, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Roger Curtis, Director, LIEP Christine Rozek, LIEP Sue McCall, Community Organizer, District 10 Como Commujity Council, 1556 Como Ave., St. Paul, MN 55108 Notice of Hearing - Page 3 Y � • � � ��-a7� COUNTY OF RAMSEY STATE OF MINNESOTA ss. AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMEN'I'S, being first duly sworn, deposes and says that on January 31, 2001, she served the attached NOTICE OF AEARING on the following named persons by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Mark Austin Smith Cash-A-Check C/O Innovative Financial Systems, Inc. 3459 Washington Drive, Suite 2�2 Eagan, MN. 55122 Mark A. Smith Money X Change 2431 West 7 Street St. Paul, MN. 55114 Sherri Marzario 16315 Victoria Curve Prior Lake, MN. 55372 (which is the last known addresses of the same, with postage prepaid, in tl Paul, Minnesota. � Subscribed and sworn to before me this 31st ��y1of J�u r�2001. Notary �ersons) and depositing tec� States mails at St. PETER P. PAhiGBORN 1�M?TAS2Y PUBt1C - MINNESO �sv co��sstor� EXFf?�8 SAP3. 39 � 20� �� ___.. __ _ _.. Connne Asuncion Currency Exchange License Application 1676 Lexin tg�on Pkwy N � �� Page 1� From: Jeff Fiawkins �i-a7t To: Asuncion, Corinne; Rozek; Christine Dafe: 1/24/01 4:02PM Subject: Currency Exchange License Appiication- 1676 Lexington Pkwy. N. Dear Christine: I have researched and physically inspected the properfy at 1676 Lexington Pkwy. N. The property is adjacent to a singfe family home in a R-3 residentiat area. The separation requirement tor a Currency F�change business is 100 feet from the nearest comer of the building to the nearest residential properly line per Zoning Code Section 60.532. (4) Currency exchange business when located at least one hundred (100) feet from any residential lot in a residential district or at least one hundred (100) feet from any residential lot occupied with a one-, two-, three-, four-, townhouse, or multiple-family dwelling, measured from the closest point of the building in which the business is located to the closest residential property line. Therefore 1 must deny zoning approval for the license application at this time. Please notify your office and any other interested agencies that this is not currently a permitted use for tfiis focation. Thank you. Jeff Hawkins Zoning Specialist Cas� �'Q''rA°aeC�k'L� � C �■ — City's Exh. # 3 — : Peter Pangborn - 1676 Lexington Pkwy N .. _ .. ...__ ,. .. _. __.. _-. _ ... . ° ' Page 1 : From: Jeff Hawkins D� � � / To: Asuncion, Corinne; Palmer, Ginger, Rozek, Christine Date: 1 /29/01 7:37AM Subject: 1676 lexington Pkwy N Depending on the property line which is difficult to determine in the winter the building is between 10- 15 feet from the adjoining residential property. Contact me if you need more. Jeff Hawkins Cash-A-Check, LLC d/b/a Money X Change "–" City's Exh. # 4 — OFF'ICE OF ADMIlVISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In Re the License Application of Cash-A-Check, LLC d/b/a Money X Change CITY'S PROPOSED EXHIBITS February 13, 2001 o1-a 7 � �j`-�o� Z�ECI� TO: Judge ��, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list ofthe City's proposed exhibits forthe Administrative Hearing on February 13, 2001. Exhibit No. E}ch. No. 1 Exh. No. 2 E�. No. 3 Description License Application, dated November 27, 2000 with cover letter from the Minnesota Depart of Commerce, dated January 22, 2001 (19 pp.); Notice of Aearing, dated January 30, 2001, with Affidavit of Service (4 pp.); Memo from Jeff Hawkins to Corinne Asuncion and Christine Rozek, dated 7anuary 24, 2001 (1 p.); Exh. No. 4 Memo from Jeff Hawkins to Corinne Asuncion, Ginger Palmer and Christine Rozek, dated January 29, 2001 (1 p.). Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code § 310.05 St. Paul Legislative Code § 310.06 St. Paui Zoning Code § 60.542 St. Paul Legislative Code Chapter 381 Currency Exchanges bl-�7/ Respectfully submitted this 13rd day of February, 2001. i � \ � Vir � � . Palmer ' Assistant City Attorney Office of The City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 �� CITY OF SAINT PAUL Norm Coleman, Mayor January 30, 2001 OFFICE OF THE CITY ATTORNEY Cln}�[an M. Robirtsan, Jc, CiryAttorney CivilDivision 400 City I S West Kel/ogg Btrd. Saint Paul, Minnesota 55103 NOTICE OF HEARING Mr. Mazk Austin Smith Cash-A-Check GO Innovative Financial Systems, Inc. �459 `'�ash:ngton Drive, Suite 202 Eagan, Minnesota 55122 r�/ 71 Teleplrone: 651266-87/ 0 Facsimite: 651 298-5619 � / 0 � ?, F�ct y � �� ;'f} �=� < �� w c �, y � �' = � . f' p c11 RE: Currency Exchange License Application submitted by Cash-A-Check, LLC d/b/a Money X Change for the premises located at 1676 Lexington Avenue in St. Paul Dear Mr. Smith: Please take notice that a hearing will be held at the following time, date and place concerning the currency exchange license application for the premises identified above: Date: Tuesday, February 13, 2001 Time: 9:30 a.m. Place: Room 42 St. Paul City Hall 15 W. Kellogg Blvd. 5t. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Allan W. Klein Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-341-7609 ��-a � � The Council of the City of Saint Paui has the authority to provide for hearings concerning licensed premises and for adverse action a�ainst such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action a�ainst all the licenses you hold at the above premises as follows: Saint Paul Zoning Code §60.542 permits currency eschanges in a B-2 district when the business is located at least one hundred (100) feet from any residential lot in a residential district or at least one hundred (100) feet from any residential lot occupied with a one-,two-, three-, four-, townhouse, or multiple-family dwelling, measured from the closest point of the building in whech the bssiness is located to the closest resi�lenYial groperty line. The application for 1676 Lexington Parkway North is adjacent to a single family home in an R 3 residential area. The proposed location is zoned B-2. The measurement from the closest point ofthe building in which the business is located to the closest residential property line was between 10 and 15 feet. Accordingly, this business is not permitted at this location. You have the right to be represented by an attorney before and during the hearing or you can represent yourseif. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each oFwhom the licensee or attomey may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each ofwhom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony &om persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. Notice of Hearing - Page 2 _.. a l a �� You should bring to the hearin� all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 14Q0.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attomey contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challen�e the allegations will be forfeited and the allegations a�ainst you which have been stated earlier in this notice may be taken as true. If non- public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. If you have any questions, you can call me at 266-8710. Very truly yours, '/� lJ�-l��--�. _ G�a Virgin a D. Palmer Assistant City Attorney cc: Mark A. Smith, Money X Change, 2431 West 7"' Street, St. Paul, MN 55114 5herri Marzario, 16315 Victoria Curve, Prior Lake, MN 55372 LaVonRegan, Office ofAdministrativeHearings,100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Roger Curtis, Director, LIEP Christine Rozek, LIEP Sue McCall, Community Organizer, District 10 Como Commujity Council, 1556 Como Ave., St. Paul, MN 55108 Notice of Hearing - Page 3 Council File # O \ — el � �. ORIGINAL Presented By Referred To Crreen Sheet # � �'p'�nS o�s Committee: Date 1 WHEREAS, Cash-A-Check, LLC, d/b/a Money X Change, has applied to the Minnesota 2 Department of Commerce for a currency exchange license at 1676 Lexington Avenue; and 3 4 WHEREAS, pursuant to Minn. Stat.§53A the application was submitted to Saint Paul for 5 approval or disapproval; and 7 WHEREAS, the Office of License, Inspections and Environmental Protection has 8 recommended denial of the application because the location in question does not meet the 9 sepazation requirements of Saint Paul Legislative Code §60.542, in that the building in which the 10 business intends to locate is within 100 feet of a residentiallot; and - � 11 12 WHEREAS, the applicant appeared at the hearing before an Administrative Law Judge, 13 and the matter was heard on February 13, 2001, at which time�he Applicant stipulated that the 14 location in question was in violation of the zoning code, but requested time to determine if a 15 variance could be obtained; and 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, the ALJ issued Findings of Fact, Conclusions and a Recommendarion dated March 1, 2001, recommending denial of the license; and WHEREAS, after the ALJ issued his Report, the Applicant submitted a letter to the ALJ indicating his intention to withdraw tris application for a currency exchange license at that location; and WHEREAS, Saint Paul Legislative Code §381.03(b)(10), provides that a cuzrency exchange license may be disapproved if the applicant or its proposed business location does not comply with applicable zoning, building, fire and health codes; now, therefore, be it RESOLVED, that the City of Saint Paul recommends disapproval of the currency exchange license applicarion by Cash-A-Check, LLC, d/b/a Money X Change for the premises located at 1676 Lexington Avenue in Saint Paul to the Minnesota Department of Commerce. RESOLUTION CITY OF SAINT PAUL, MINNESOTA i a 3 4 5 o�-a.rn FLTRTHER RESOLVED, that the Findings of Fact, Conclusions and Recommendation of the ALJ shall be adopted as the findings of the City Council in this matter. n�� ...� , . � . . . ' Requested by Department of: Adoption Certified by Council Secretazy Bv: _�,�. 1 �- 4r, J°-'�" Approved by Mayos: Date Z f BY � � /�-?`��' F�(/� � By: Form Approved by City Att� By: Approved by Mayox for Submission to Council By: Adopted by Council: Date 1`�\___11� �\ a00� ��_ �`� coun�il Councilmember Reiter 266-8650 M3ICt1 21, 2��1 March 9, 2001 .a� TOTAL # OF SIGNATURE PAGES GREEN SHEET O l -a'1� No 110305 oe.�nrn�rowECiw Urnrcous�._ an�nonxtr ❑anmK s.uwrwa�u�ncesak ❑ wvwuetmmacere � Wlnrtlatnsasvortl ❑ (CL1P ALL LOCATIONS FOR SIGNATURE) Disapproval of the currency exchange license application by Cash-A-Check, LI.C, dba Money X Change, 1676 Lexington Avenue and adopting the Findings of Fac�; Conclusions of Law, and Recommendation of the Administrative Law Judge. PLANNING CAMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION IF APPROVED S RSONAL SERVICE CONiAACTS MUST ANSWEIt iHE FOLLOWING QUE57ION5: Nas this persoNfmm everworked untler a cwRract fwMis dePartmeM? VES NO Has this perso�✓firtn ever been a c.ity empbyee? YES NO Oces this persoNfirtn possess a sldll not normallypossessetl by any curtent city employee? YES NO Is this person/(fm a tarpeted vendoR VES NO COST/REVENUE BUDGETEC (CIRCLE ON� YES NO SOURCE ACTNINNUMBER INFORMATION �F]�WNj OFFICE OF THE CITY ATTORNEY C[ayton M Robinson, Jn, Ciry Attorney ("S .] CITY OF SAINT PAUL Norn� Colemnn, Mny�or February 21, 2001 crvrt orv�ro� 400 City Ha(! /i West Kellogg B(vd. Saint Pnul, Minnuotrs 55102 �,��, Te[epkorse: 651 266-87/0 Fncsimile: 65I 298-5619 L�ua�� °Sa2fCh {`i��l�?i NOTICE OF COUNCIL HEARING Mr. Mark Austin Smith Cash-A-Check ' � �� ' . �,rs ��3�i::,`. , , _ C/O Innovative Financiai Systems, Ina c� ., � �� 3459 Washington Drive, Suite 202 �� "° �� -s � Eagan, Minnesota 55122 RE: Currency Exchange License Application subm3tted by Cash-A-Check, LLC dJb/a Money X Change for the premises located at 1676 Lexington Avenue in St. Paul Dear Mr. Smith: Given the time constraints for a response to the Minnesota Department of Commerce on your application for a currency exchange license, and in anticipation of timely receipt of an Administrative Law Judge's report, we have scheduled this matter for public hearing in front of the Saint Paul City Council, City Council Chambers, Third Floor, Saint Paul City Hall, on Wednesday, March 7, 2001. Public heazings begin at 530 p.m.. If you have any questions, I can be reached at 651-266-8710. Sincerely, -�/ �� Virginia D. Palmer Assistant City Attomey cc: Mark A. Smith, Money X Change, 2431 West 7"' Street, St. Paul, MN 55114 Sherri Marzario, 16315 Victoria Curve, Prior Lake, MN 55372 LaVonRegan, Office ofAdministrativeHearings,100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Roger Curtis, Director, LIEP Christine Rozek, LIEP Sue McCall, Community Organizer, District 10 Como Commujity Council, 1556 Como Ave., St. Paul, MN 55108 MAR. -01' 01 �THU) 11:Z0 OFFICE OF ADMIN. NEARING TEL 6123492665 P. 002 o�-a�� 1-6D20-14113-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY COUNCI� OF THE CITY OF ST. PAUL In the Matter of the Currency Exchange FINDINGS OF FACT, License Application of Cash-A-Check, CONC�us o_ N� s nNa LLC d/b/a Money X Change for the RECOMMENbATION Premises Iocated at 1676 Lexington Avanue in St. Paul The above-entitled matter was came on for hearing before Administrative Law Judge George A. Seck, serving as heating o�ticer Sor the St. Pau! City Council on February 13, 2001 at 9:30 a.m. in Room 42, St. Paul City Hall, Ramsey County Courthouse. By consent of the parties, that hearing was continued for the purpose of conducting an inquiry that coufd lead to settlement of this mafter. The continuance was granted to February 20, 2001, at 1:30 p.m., when a telephone confefence was scheduled to take place. Virginia 0. Palmer, Assisfant City Attorney, 400 City Hall, 15 West Kellogg Blvd., St. Paul, MN 55102, appeared on behalf the Office of License, Inspections and Environmentai Protection (L1EP). Mark Austin Sst�ith, Attorney at Law, 13969 Grand Avenue, Burnsviile, MN 55372, appeared on behalf of Cash-A- Check, LLG (Cash-A-Check). The record in this matter closed on February 26, 2001. NOTIC This Report is a recommendation, not a final decision. The St. Paul City Council will make the final decision after a review of the record and may adopt, reject or modify these Findings of Fact, Conclusions and Recommendafion. Under Section 310.05(c)(o-1) of the City's Legislative Code, the City Council will provide the applicant the opportunity to present oral or written argument to the City Council before it takes final action. Parties shauld contact the 5t. Paul City Council to determine the procedure for presenting argument. STATE ENT OF ISSUE Should this application for a currency exchange license t�e approved by the St, Paul City Council? Based upon aIl of the proceedings herein, the Administrative Law Judge makes the following: MRR-01-2901 11�4B 6123492665 94� P.02 '��R. -01' O1 (THU1 11:20 OFfICE OF A�MIN. HEARING TEL�6123492665 P. 003 O 1-1�1 \ FINDINGS OF FACT 1. On January 22, 2001 the Qepartment of Commerce forwarded an application for a currency exchange license to fhe City of St. Paul, Marlc Smfth had submitted the application to the Department to operate a currency. exchange business at 1676 Lexington Avenue North in St. Paui. The appiication indicates that the name of the currency exchange will be MoneyXchan�e, which is the business name of Gash-A-Check, LLC, a Minnesota corporation. 2. A search of criminal history filed by the Minnesota Bureau of Criminal Apprehension found no record for Mark Austin Smith? 3. The proposed location for the ourrency exchange is not within one- ha{f mile of another licensed cufrency exchange. 4. The currency exchange is proposed to be locatad in a building within 10� feet of a residential lot 3 5, The oparation of a currency exchange at the proposed location is not permitted under with the St. Paul Zoning Code. No variance has been obtained firom this restriction imposed by the St. Paul Zoning Code. 6. The proposed lacation is in compliance with the fire and heaith requirements of the City of St. Paul. 7. Upon receipi of the appVication irom the DepaRment of Commerce the City provided notice of the application to community organizations. The City received no objections to the issuance of the currency exchange license. 8. On January 30, 2001 the City issued a Notice of Hearing on the application which set a hearing for February 13, 2001 5 9. After taking some testimony, the parties agreed to continue the hearing to determine if a variance could be o6tained from the St. Paul Zoning Code to allow the proposed currency exchange to be established within 100 feet of a residential lot. The parties agreed that a telephone confesence would be held on February 20, 2001, at 1:30 p.m. 10. Mo one was available to partieipate in the telephone conference scheduled for February 20, 2001 on behalf of Cash-A-Check. The Administrative Law Judge informed Cash-A-Check, by Vetter dated February 21, 2001 that failure to respond by February 26, 2001 would result in a default report being issued to the Ciiy Council. No response has been received from Cash-A-Check. ' Ex. �. z Ex. 'I. 9 Ex. 2. The parties also stipulated to this fact at the hearing. ` Ex. 2. 5 Ex. 2. MAR-01-2001 11-48 6123492665 94i P.03 N.AR.-01'OIITHUI 11:?0 OFFICE OF ADMIN.HEARING TEL:61?3492665 P. D04 Q�\-�'1\ Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The City 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 §§ 310.05, 31�.06 and 381.02. 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, Ch. 53A and § 381 of the Legislative Code of the City of St. Paul. 4. The applicant has complied with the application requirements set out in law. 5. St. Paul Zoning Code Section 60.542(4) estabflshes alfowed land uses for currency exchange businesses when the following requirement is met: Currency exchange business when located at least one hundred (100) feet from any residential lot in a residential district or at least one hundred (100} feet from any residential lot occuQied with a one-, two-, three-, four-, townhouse, or multipl�family dwelling, measured from the closest point of the building in which the business is located to the closest residential property line. 6. That the record in this matter shows by a preponderance of the evidence that the proposed currency exchange location is not an allowed use for a currency exchange business. 7. The applicant has not introducsd any evidence that a variance has been obtained from the restrictions imposed by St. Paui Zoning Code Section 60.542(�}) on currency exchange businesses. g, St. Paul Legisiative Code Section 381.03(b}(10) includes noncompliancs in the proposed business location as a ground to disapprove a currency exchange appfication. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: MAR-01-20a1 11�49 6123492665 94i P.04 :NAR. -01' 01 �TNU) 11:?0 OFFIGE OF A�MIN. HEARING TEL 6123492665 P. 005 � \ -3'11 RECOMMENDATION I715 HEREBY RESPECTFULLY RECOMMENDED: That the St. Pau1 City Councii deny the application for a currency exchange license by Cash-A-Check, LLC for premises located at 1676 Lexington Avenue in St. Paul. Dated this 1 st day of March 2001. <�'�� / GEORGEA. B Administrative Law Judge Reported: Taped, No Transcript Prepared. NOTICE Pursuant to Minn. Stat. § 53A.04, the St. Paul City Council is required to forward its approval or disapproval of the license application to the Commissioner of Commerce of the State of Minnesota for the Commissioner's approval or disapproval. If the application is denied, the Gommissioner shall mail notice of the den'tal and the reason therefor to the applicant, The applicant, upon denial, may request a further hearing as provided for in Minn. Stat. § 53A.04(b), MEMORANDUM The only objection to Cash-A-Check's currency application is that the proposed locstion does not conform zoning requirement. The hearing was continued to allow investigate the possibiiity of obtaining a variance. With the Check to participate further in this proceeding, there has been variance was, or could be, obtained. >xchange license to the applicable Cash-A-Check to fai4ure of Cash-A- no showing that a The record on this appeal demonstrates that the proposed business location is not an allowable use for a currency exchange business. Accordingly, it is recommended that the City Council deny the license application 6y Cash-A- Check for a currency exchange at the proposed location. G.A.B. MRR-01-2001 11�49 6123492665 94i P.05 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 March 1. 2001 Fred Owusu, City Clerk 170 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 �¢r�4l��l� � � �001 �,�� K RE: In the Matter of the Currency Exchange License Application of Cash-A-Check, LLC d/b/a Money X Change for the Premises located at 1676 Lexington Avenue in St. Paul OAH Docket No. 1-6020-14113-3 Dear Mr. Owusu: b�-a7� Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions and Recommendation in the above-entitled matter. Also enclosed is the o�cial 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 341-7642. Our file in this matter is now being closed. Sincerely, � `�� ; d�G� GEORGE A. BECK � Administrative Law Judge Telephone: 612/341-7601 GAB:cr Encl. cc: Virginia D. Palmer Mark Austin Smith Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 �TTY No. (612) 341-7346� Fax IVo. (612) 349-2665 ��-a7� 1-6020-14113-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY COUNCIL OF THE CITY OF ST. PAUL In the Matter of the Currency Exchange License Application of Cash-A-Check, LLC d/b/a Money X Change for the Premises located at 1676 Lexington Avenue in St. Paul F{NDINGS OF FACT CONCLUSIONS AND RECOMMENDATION The above-entitled matter was came on for hearing before Administrative Law Judge George A. Beck, serving as hearing officer for the St. Pauf City Council on February 13, 2001 at 9:30 a.m. in Room 42, St. Paui City Hall, Ramsey County Courthouse. By consent of the parties, that hearing was continued for the purpose of conducting an inquiry that couid lead to settlement of this matter. The continuance was granted to February 20, 2001, at 1:30 p.m., when a telephone conference was scheduled to take place. Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Kellogg Blvd., St. Paul, MN 55102, appeared on behalf the Office of License, Inspections and Environmental Protection (LIEP). Mark Austin Smith, Attorney at Law, 13969 Grand Avenue, Burnsville, MN 55372, appeared on behalf of Cash-A- Check, LLC (Cash-A-Check). The record in this matter closed on February 26, 2001. NOTIGE This Report is a recommendation, not a final decision. The St. Paul City Council will make the final decision after a review of the record and may adopt, reject or modify these Findings of Fact, Conclusions and Recommendation. Under Section 310.05(c)(c-1) of the City's Legislative Code, the City Council will provide the applicant the opportunity to present oral or written argument to the City Council before it takes finaf action. Parties shoufd contact the St. Paul City Council to determine the procedure for presenting argument. STATEMENT OF ISSUE Should this application for a currency exchange license be approved by the St. Paul City Council? Based upon all of the proceedings herein, the Administrative Law Judge makes the following: 01-�Z1 FINDINGS OF FACT 1. On January 22, 2001 the Department of Commerce forwarded an application for a currency exchange iicense to the City of St. Paul. Mark Smith had submitted the application to the Department to operate a currency. exchange business at 1676 Lexington Avenue North in St. Paul. The application indicates that the name of the currency exchange will be MoneyXchan�e, which is the business name of Cash-A-Check, LLC, a Minnesota corporation. 2. A search of criminal history filed by the Minnesota Bureau of Criminal Apprehension found no record for Mark Austin Smith. 3. The proposed location for the currency exchange is not within one- half mile of another licensed currency exchange. 4. The currency exchange is proposed to be located in a buiiding within 100 feet of a residential lot 3 5. The operation of a currency exchange at the proposed location is not permitted under with the St. Paul Zoning Code. No variance has been obtained from this restriction imposed by the St. Paul Zoning Code. 6. The proposed location is in compliance with the fire and health requirements of the City of St. Paul. 7. Upon receipt of the application from the Department of Commerce the City provided notice of the application to community organizations.' The City received no objections to the issuance of the currency exchange license. 8. On January 30, 2001 the City issued a Notice of Hearing on the application which set a hearing for February 13, 2001. 9. After taking some testimony, the parties agreed to continue the hearing to determine if a variance could be obtained from the St. Paul Zoning Code to allow the proposed currency exchange to be established within 100 feet of a residential lot. The parties agreed that a telephone conference would be held on February 20, 2001, at 1:30 p.m. 10. No one was available to participate in the telephone conference scheduled for February 20, 2001 on behalf of Cash-A-Check. The Administrative Law Judge informed Cash-A-Check, by letter dated February 21, 2001 that failure to respond by February 26, 2001 wou{d resu{t in a default report being issued to the City Council. No response has been received from Cash-A-Check. ' Ex. 1. Z Ex.1. 3 Ex. 2. The parties also stipulated to this fact at the hearing. ° Ex. 2. 5 Ex. 2. oj-a�1 Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The City 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 §§ 310.05, 310.06 and 381.02. 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. Ch. 53A and § 381 of the Legislative Code of the City of St. Paul. 4. The applicant has complied with the application requirements set out in law. 5. St. Paul Zoning Code Section 60.542(4) establishes allowed land uses for currency exchange businesses when the following requirement is met: Currency exchange business when located at least one hundred (100) feet from any residential lot in a residential district or at least one hundred (100) feet from any residential lot occupied with a one-, two-, three-, four-, townhouse, or multiple-family dwelling, measured from the closest point of the building in which the business is located to the closest residential property line. 6. That the record in this matter shows by a preponderance of the evidence that the proposed currency exchange location is not an allowed use for a currency exchange business. 7. The applicant has not introduced any evidence that a variance has been obtained from the restrictions imposed by St. Paul Zoning Code Section 60.542(4) on currency exchange businesses. 8. St. Paul Legislative Code Section 381.03(b)(10) includes noncompliance in the proposed business location as a ground to disapprove a currency exchange application. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: ol-a�j RECOMMENDATION IT IS HEREBY RESPECTFULLY RECOMMENDED: That the St. Paul Gity Council deny the application for a currency exchange license by Cash-A-Check, LLC for premises located at 1676 Lexington Avenue in St. Paul. Dated this 1st day of March 2001. <�`��, �`'�'�- � GEORGE A. B Administrative Law Judge Reported: Taped, No Transcript Prepared. NOTICE Pursuant to Minn. Stat. � 53A.04, the St. Paul City Council is required to forward its approval or disapproval of the license application to the Commissioner of Commerce of the State of Minnesota for the Commissioner's approval or disapproval. If the application is denied, the Commissioner shall mail notice of the denial and the reason therefor to the applicant. The applicant, upon denial, may request a further hearing as provided for in Minn. Stat. § 53A.04(b). MEMORANDUM The only objection to Cash-A-Check's currency exchange license application is that the proposed location does not conform to the applicable zoning requirement. The hearing was continued to allow Cash-A-Check to investigate the possibility of obtaining a variance. With the failure of Cash-A- Check to participate further in this proceeding, there has been no showing that a variance was, or could be, obtained. The record on this appeal demonstrates that the proposed business location is not an allowable use for a currency exchange business. Accordingly, it is recommended that the City Council deny the license application by Cash-A- Check for a currency exchange at the proposed location. �� ' : ,. STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) ol-a7/ AFFIDAVIT OF SERVICE BY U.S. MAIL Cindy Ringdahl, being first duly sworn, hereby deposes and says that on the 1st day of March, 2001, at the City of Minneapolis, county and state aforementioned, she served the attached FINDINGS OF FACT. CONCLUSIONS AND RECOMMENDATION: OAH Docket No. 1-6020-14113-3 by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid and addressed to the individuals named herein. Fred Owusu, City Clerk 170 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Virginia D. Palmer Assistant City Attorney 15 VV. Kellogg Blvd., Suite 400 St. Paul, MN 55102 Mark Austin Smith Attorney at Law 13969 Grand Avenue Burnsville, MN 55372 Subscribed and sworn to before me this 1st day of March otary Public c Cindy Rin d hl 2001. -,,..�� M��{AEL W. LEW�S NOTMY PUBI.IL' - IAINNESOTA . • MY COMMISSION EXPIRES °=�`�: ' JANUARY 31.2005 OFFICE OF THE CITY ATTORNEY C[aytors M. Robinson, Jr., Ciry Aitorney � l a 7/ CITY OF SAINT PAITL Norm Coleman, Mayor R E C E I V E D Civi! DiviSion 400 Ciry Hall O1 FES �! A� �'� I4 rsw�:xerro�arve. Saint Paul, Minnuota 5510? Telephorse: 65/ 166-8710 Facsimile: 65I 298-5619 February 20, 2001 The Honorable George Beck Adininistrative Law Judge Office of Administrative Hearings 100 Washington Square, Suite 1700 ivlinneapolis, �" 55401 P ii-'" '�M1'?!� .k�i u iIJT't'�:� 1 { 4 � HEi;RI' v� RE: Currency Exchange License Application submitted by Cash-A-Check, LLC, d/b/a Money X Change for the premises located at 1676 Lexington Avenue in Saint Paul Dear Judge Beck: As you know, a hearing on the currency exchange license applicarion referenced above was scheduled for 930 a.m. on February 13, 2001. Mark Smith, a parmer in Cash-A-Check, LLC, appeared on behalf of the license applicant. Mr. Smith was prepared to stipulate that the location, in question is in violation of the Saint Paul Zoning Code, but was appazently going to seek consent from a neighbor. After some discussion, it was agreed that Mr. Smith would contact the State of Minnesota to determine whether the sixty day period which the local government has to respond to the application could be extended. It was my understanding that Mr. Smith was going to obtain the consent of the State in writing to extend the deadline, if possible, or would withdraw his application to allow himself time to file for a variance. There was a telephone conference scheduled for 130 p.m. this afternoon, February 20, 2001. Mr. Smith was not available at that time. At approximately 3:00 p.m. this afternoon you and I spoke about the matter, and I stated that I would try to find out what, if anything had happened on the file. I contacted Robin Brown, in the Financial Examinations Division of the Minnesota Department of Commerce, to ask whether Mr. Smith has made the inquiry about extending the deadline. Ms. Brown stated that she has not heard from Mr. Smith, and that they have no discretion to extend the deadline. I also left a message for Mr. Smith at the number on his application, (952) 898-4021, asking that he contact me to inform.me how he wishes to proceed. Given the fact that Mr. Smith was willing to stipulate to the basis on which the City is recommending denial of the license agplication, and his statement that he would withdraw his license application if the deadline could not be extended, I would suggest that Mr. Smitli be The Honorable George Beck February 20, 2001 Page 2 o1-a 7i given an opportunity to withdraw his application in writing by Monday, Febmary 26, 2001 or have the matter proceed by default. I believe that the documents provided, together with Mr. Smith's statement that he wouid stipulate to the business being within 100 feet of a residential lot, fully supports denial of the license application, and would request that you issue Findings of Fact, Conclusions and a Recommendation to that effect. The City needs to have this matter on the March 7, 2001 Council agenda for consideration in order to meet the deadline for returning a recommendation to the State of Minnesota. Please feel free to contact me if you have any questions. Sincerely, � �l2�iut�( Virgim��mer Assistant City Attomey cc: Christine Rozek, Deputy Director of LIEP Mark A. Smith, Innovative Financial Systems, Inc., 3459 Washington Drive, Suite 202, Eagan, M1V 55112 =EH-2�-2aei 15�54 ST PRUL CITY R?TORNEY CITY OF SAINT PAtiL Nonn Co(e�nan, Mayor Febr¢ary 20, 2001 7he Honorable George Beck Adminisirative Law Judge Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN 55401 651 298 561° P.21ia2 vrri�c vr .nn �,a, a :,. ...,c.l.�, Clny{an M. Robinson, Jr„ Ciry AIlorney CivilDivision a00 Ciry F/nl( !S u'est Ke![agg Bl�d SalrstPnuf, dqinnesqea 55102 DI Teley/iorie- 6S! 266-87/G Fncslmile. 65I 79R-56 � 9 RE: Currency Exchange License Application submitted by Cash-A-Check, LLC, dlb/a Money X Change for the premzse5lpCated at 1676 Lexington A�enue in Saint Paul Dear Judge Beck: As you lrnow, a hearing on the currency exchange license application re£ereriCed above was scheduled for 4:30 a.m. on February 13, 2001. Maik Smith, a partner in Cash-A-Check, LLC, appeazed on behalf of the license appliC2nt. Mr. Smith was prepared to stipulate that the Iocation in question is in violation pf the Saint Paul Zoning Code, but was apparently going to seek consent from a netghbor. After some discussion, it was agzeed that Mr. Smith would contact the 5tate oFMinnesota to determine whether the sixty day period which the loca] govemment has to respond to the application could be extended. It was my understanding that Mr. Smith was going to obtain the consent of the State in wntmg to extend tha deadline, ifpossible, or would withdraw his application to allow himself time to file for a varianee. There was a telephone conference scheduled for 1:30 p.m. this afternoon, Febnzary 20, 2001. Mr. 5mith was not available at that time. At approximateIy 3:00 p.m. this afternoon you and I spoke about the matter, and I stated that I would try to find out what, if anything had happened on the file. I contacted Robin Brown, in the Financial Bxaminations bivision of the Minnesota Deparcment of Commerce, to ask whether Mr. Smith has made the inquiry about extending the deadline. Ms. Brown stated that she has not heard from Mr. Smith, and that they have no discretion to extend the deadline. I also left a message for Mr. Smith at the number on his appiication, (952) 898-4021, asking that he contact me to inform me how he wishes to proceed. Given the fact that Mr. Smith was willing to stipulate to the basis on which the City is recommending denial of the license 2pplication, and his statement that he would withdraw his license appIication if the deadline could noi be extended, 1 would suggest that Mr. Smith be r�B-2a-20ai 15��4 ST PAUL CITY RTTORNEY 651 298 �619 r.02i02 The HonoTable George BeCk February 20, 2001 Fage 2 o�-a7i given an opportunity to withdraw his application in writing by Monday, February 26, 2001 or have the matter proceed by default. I believe that the doCUments provided, together with Mr. Smith's statement that he would stipnlate to the business being within 100 feet of a residential lot, fully supports denial of the license application, end would request that you issue Firidings of Fact, ConcluSions and a Recommendation to that effect. The City needs to have this matter on the Match 7, 2001 Council agenda for consideration in order to meet the deadline for retuming a recommendation to the State of Minnesota. Please feel free to contact me if you have any questiozis. Sincerely, � �� e � 'Virginz D. Palmer Assistant City Attomey cc; Christine Rozek, Deputy Director o� LIEP Mark A. Smith, Innovative Financial Systems, InC., 3459 Washington Drive, Suite 20�, Bagan, MN 55112 ;i;"< ,' ` -r1-c� F. e� FEBf-20'O1(TUE) 16:27 OFFICE OF ADMIN.HEARING TEL:6123492665 P. 001 e�-a7i TRANSACTION REPORT RecePtion Transaction(s) comPleted [i0. TX DATE/TIME DESTI�ATION 560 FE6.20 16�26 651 298 5619 DURATION PGS. RESliLT MODE 0° 00' 49" 002 OK N ECM �;:`�?,I;: z' �r�'i t.: , }�; , Y. 5 , �y� = 3, ��— - ��9�� ; .:' •'...., n ' ..,.. .�w`' February 21, 2001 Mark Austin Smith Cash-A-Check STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota55401-2138 c/o Innovative Financial Systems, Inc. 3459 Washington Dr., Suite 202 Eagan, MN 55112 RE: In the Matter of the Currency Exchange License Application Submitted by Cash-A-Check, LLC d/b/a Money X Change OAH Docket No. 1-6020-14113-3 Dear Mr. Smith: o�-a � Please let me know in writing before 4:30 p.m. on Monday, February 26, 2001 whether you intend to withdraw your application for a currency exchange license for 1676 Lexington Avenue filed on December 6, 2000. You should send a copy to Ms. Palmer and to Robin Brown. My fax number is 612/349-2665. If I do not hear from you, I will submit a default report to the City and the City Council will act on your application based upon the documents and testimony in the record. Since� �(� �--- � . GEORGE A. BECK Administrative Law Judge Telep hone: 612/341-7601 GAB:cr cc: Virginia D. Palmer Robin H. Brown Providing Impartial Hearings for Government and Citizens An Equal Opp ortunity E mployer Administra4ive Law Section & Administrative Services (612) 341-7600 e TDD No. (612) 341-7346 e Fax No. (612) 349-2665 OFFICE OF THE CITY ATTORNEY Clayton M Robinson, Jr., Ciry Attorney of- CITY OF SAINT PAUL Norm Coleman, Mayor February 21, 2001 � �� L CivilDivision 400 City Hal1 IS Wut Kellogg Blvd. Saint Paul, hlinnuota 55/01 Telepkone: 65/ 166-8710 Facsimile: 651 2985619 NOTICE OF COUNCIL HEARING Mr. Mazk Austin Smith Cash-A-Check C/O Innovative Financial Systems, Inc. 3459 Was:ungton Drive, Suite 202 Eagan, Minnesota 55122 �• T � C-'� n-,, �-; �� < rn O 'T! �� I!� � m � � cv � T � �' �J m < � � RE: Currency Exchange License Application submitted by Cash-A-Check, LLC d/b/a Money X Change for the premises located at 1676 Lexington Avenue in St. Paul Deaz Mr. Smith: Given the time constraints for a response to the Minnesota Departrnent of Commerce on your application for a currency exchange license, and in anticipation of timely receipt of an Administrative Law Judge's report, we have scheduled this matter for public heazing in front of the Saint Paul City Council, City Council Chambers, Third Floor, Saint Paul City Hall, on Wednesday, Mazch 7, 2001. Public hearings begin at 530 p.m.. If you have any questions, I can be reached at 651-266-8710. Sincerely, ��,�� .�. � Virginia D. Palmer Assistant City Attorney cc: Mark A. Smith, Money X Change, 2431 West 7"' Street, St. Paul, MN 55114 Sherri Mazzario, 16315 Victoria Curve, Prior Lake, MN 55372 LaVon Regan, Office ofAdministrative Hearings,100 Washington Square, Suite 1700 Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Roger Curtis, Director, LIEP Christine Rozek, LIEP Sue McCall, Community Organizer, District 10 Como Commujity Council, 1556 Como Ave., St. Paui, NIN 55108 �: . °�`,` - �� - '= � 9 �Y :\^ y' : - •"_` February 13, 2001 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 D! a 7l �rginia D. Palmer Mark Austin Smith Assistant City Attorney Cash-A-Check 15 West Kellogg Blvd., Suite 400 clo Innovative Financial Systems, Inc. St. Paul, MN 55102 3459 Washington Dr., Suite 202 Eagan, MN 55112 RE: In the Matter of the Currency Exchange License Application Submitted by Cash-A-Check, LLC d/b/a Money X Change OAH Docket No. 1-6020-14113-3 Dear Ms. Palmer and Mr. Smith: This will confirm that the hearing in the above matter is continued to 1:30 p.m. on Tuesday, February 20, 2001 at which time we will have a telephone conference to discuss the status of this matter. I will call Ms. Palmer at 651/266-8719 and Mr. Smith at 651/905-1010. Sincer y, � GEORGE A. K Administrative Law Judge Telephone:612/341-7601 �� cc: Docket Coordinator Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 • TDD No. (612) 341-7346 o Fax No. (612) 349-2665 . . . . . . . . . Y . . . . . . . . . . . . . .. . � ..•� Y I ," � �� , �c�,�� S'.=. � _ .-.,. February 8, 2001 STATE OF MINNESOTA OFFICE OF ADNIINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 Virginia Palmer Assistant City Attorney Civil Division 400 City Hall 15 West Kellogg Boulevard St. Paul. MN 55102 Mark Austin Smith Cash-A-Check c/o Innovative Financial Systems, Inc. 3459 Washington Drive, Suite 202 Eagan, MN 55122 ol-a7j Re: Currency Exchange License Application Submitted by Cash-A- Check, LLC d/b/a Money X Change; OAH Docket No. 1-6020-14113-3 Dear Ms. Palmer and Mr. Smith: The above-entitled matter has been reassigned to Administrative Law Judge George A. Beck. Please direct all further matters regarding this case to Judge Beck at the Office of Administrative The hearing remains scheduled as previously Docket Number has changed slightly with thi� Ir Hearings; telephone 612/341-7601. noticed. Please note that the OAH reassignment. Very truly yours, �/z��Yt ' c LaVon Regan �� Docket Coordinator Telephone: 612l341-7448 Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administra4ive Law Section & Administra4ive Services (612) 341-7600 • TDD No. (612) 341-7346 o Fax No. (612) 349-2665 a�-a 7 / � � [NNE50'1'A �ARTMENT OF )MMERCE 85 7th Ptace East, Suite 500 St. Paul, Minnesota 55101-2198 651.296.4026 FAX 651.297.1959 TTY 651.297.3067 Christine A. Rozek City of St Paul 350 St. Peter Street, Suite 300 St. Paul, MN 55102 January 22, 2001 RE: Currency Exchange License Application Cash-A-Check, LLC dba MoneyXchange Dear Ms. Rozek: Enclosed is a copy of an application submitted by Mazk Smith to operate a currency exchange business at 1676 Le�ngton Avenue, St. Paul, Minnesota. The name of the cuaency exchange company is Cash-A-Check, LLC dba MoneyXchange Minnesota Statute 53A.04 (a) states: "Within 30 days after the receipt of a complete application, the commissioner shall deny the application or submit the application to the governing body of the local unit of govemment in which the applicant is located or is proposing to be located. The commissioner may not approve the applicafion without the concurrence of the goveming body. The goveming body shall give published notice of its intention to consider the issue and shall solicit testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located. If fhe governing body has not approved or disapproved the issue within 60 days of receipt of the application, concurrence is presumed. The commissioner must approve or disapprove the application within 30 days from receiving the decision of the governing body. The governing body shall have the sole responsibility for its decision. The state shall have no responsibility for that decision." Please respond in writing within 60 days of the receipt of this notice as to the decision of the governing body regarding the application for the currency exchange operation. If I do not heaz from you within 60 days, approval will be presumed and the license will be issued. If you have any guestions, please feel free to contact me. Very lyy� � �� ti�� Robin H. Brown Financial Examinations Division (651)282-9855 Enclosure cc: Mark Smith, MoneyXchange Cash-A-Check, L� /a Money X Change — City's Exh. # 1 — �AN 2 4 2003 Enforcement:1.800.657.3602 Licensing: 1.800.6573978 Energy Information: 1.800.6573710 Undaimed Property: 1.800.925.5668 www.commerce.state.mn.us An Equal Opportunity EmpLoyer nov 27 00 03:03p MoneyXChange 6128982Z09 p.l .• a � STATE OF b'IINNESOTA DEPARTMEi�'P OF COMMERCE • DI4ISION OF FINANCIAL EXAMINAITONS 133 EAST 7TH STREET . ST. PAUL, MIlVNF,Sp'I'A 55101 (651) 28�9855 -.-, . •-;'� = �::L;. \ -� �� _ = :Yi �.:�)�: _ y«. ;�. - i` . D!- OFFICE U5E ONLY Deputy AssG Chief Review Data Entry c��r �� License Number � _ .. 3urety Bond Nuinber Insurance Company CASHIER I7SE Q . i� i� - :; ��L�� ; �� NAIC Number The data, which you furnish on this form, will be used by the Deparcment of Commerce to assess your qualifications for a license. Disclosure of your social security number is voluntary. You a�e not legally required to provide chis data; however, if you do nof provide your social security number, the Depaztment of Commerce may be unable co grant a license. The Department may use social security numbers for revenue recapture as ' authorized by Minnesota Statutes, Chapter 270A and for identification purposes. After issuance of a license, all ��fcrmation contained in this appiication, except your social security number; is public pursuant to Minnesota Statutes, Chapter 13. A. TYPE OF ] .�( NEW O RENEWAL ��F.i�1�. OF CUF.RENLY EXCHANGE NP• �•�£ OF CORPORATION OR PARTNERSHIP t3USL\TESS ADDRESS (No Post Office Boxes) O AMENDED LICENSE /y`� vr� c � � �-�f (," l� - �f';t?�K �iL L�. x E�Y �- I �'r�� A �' I � �7 �;. �-T'� � STATE ZIP CODE � � ��`� � / f 1 ! Y� �� r � I�AME OF INDIVIDUALMANAGING THIS LOCATION S r';.: �w : �,. vn;^✓ � z�'<i C ,T,�i!L�PHONE NUMBBR FAX NUMBER pyl�y � `� L - y �.; ; Cc��> ) �y� ��;t�9 , �=3��c�k one: � SOLE PROPRIETORSHIP O �'ARTiV'ERSHIP 1 CORPURATION X C ofIncorporation or `COUNTY � � ,, . r-r�fl S �G — —L..�___ S CATE TAX ID NL `f C: • 3,-� w � E-1�1�4IL ADDRESS �; = tL�sh : A��= ❑ AS50CIATION � LINIlTBD LIABIIdTY PARTNERSF3IP � I.IlVIITED LIABILTTY COMPANY .S ct�- Mnl ,-, 1 Placc of � State �'/DOC CURREtiCY EXCHANGE APPL 7l99 1 8!3/3999 nov 27 00 03:03p MoneyXChange 6128982209 p.2 : D�-a7 t C, Additional ]icensed cuirency exchange locations operated by the apglicant (use separate sheet }f additional space is needed). S� Cn�'�ac�a� C �oo f �u�� haaress �r.�. ttoxes are not acceptable} ' � City f Street Address (P.O Boxes are not acceptable} � S[ate S[ate Street Address (P.O. Boxes are not acceptable) � City State Street Address (P.O. Boxes are not accepta�le) City , State Zip Code Zip Code Zip Code Zip Code County County County County D. Please provide the namcs and complete business addresses of owners, paztners, officers, stockholders (owning 10% or more of the corporate stock), and employees with aa[hority to exercise mana�ement or policy control over the company. Full Name Official Percent Residence S� I S T � ( � �( 1 L j�'�I i �.�'4..L��J�J1�"l�.v �/Z i a� • .. �2 � ��L f'(N)��.'f Jl'/ll l.4'i y�� : ¢�� afl:�r�;v� �e�� Sec;� _� � � Address 3�S n ti:rt�r�� C,.�✓� y'�'.��..�C hV $+i1, 3e�" U.ff„%. [..i..2 ic.'. (<,Xz /�!b' J .i 7'71 > �� SqP.Az��,�st ocia ecunty girth Date Numb r.�� '!' J � 2 nov 27 00 03:04p MoneyXChange 6128952209 p.3 � � ot 7 � E. ALL applicants must answer the following que�stions. If any questioas are ansWered °�YF,s, you MUST attach a detaiied written expiaaation and any legal doc�mentation, if applicabie, FIave yon, any of the owners, partne�, ofhc,ers, a� ��, or shareholders owning more than IOya of the corpocace sYock: YES NQ 0 .� 1. HeId a cutrency exchange license in any other state other than 1�Tinnesota? If YFS, tha new license application must iaclude a verification of license:certified by the state(s); a11 other applicants must verify that tlie certification(s) previously submitted is accurate. 0 � 2. Been the subject of any inquiry or investigation by any division of the Minnesota � . Department of Commerce? � 0 'Q�3, Had any occupationat license censuced, suspended, revoked, cancelled, terminated or been the subject of any type of administrative action in any state including Minnesota? � �4. Have yoa ever been charged with, or convicted of, or heen indicted for, or entered a plea to, any criminal offense (feIony, gross misdemeaaor or misdemeanor), other than traffic violations, in any State or Federal Court? � � 5. Been a defendant in any lawsuit invo]ving ciaims of fravd, misrepresentat;on, conversion, mismanagement of funds or breach of contract? ❑ � 6. Been notified by the Commissioner of Revenue, pursuant to Minnesota Statutes, Section 270A.72, that you canently owe the State of Minnesota taxes? O d � a �7. �Iave any unclaimed property (unciaimed funds or property over 3 yeazs old) to report under Minnesota Statutes, Section 34537? � 8. Filed for bankruptcy or protection from creditors or cutrently have outstandiag unsatisfied j udgment(s)? <kC . .� 9. Been affiliated with any other currenc exchan e? �;, '' -- ^_� ' Y S 'N�`� << . ,`.�� .= :fiir:..�_ � 10. Will the applicant sell lottery tickets at the licensed Iocation7 I HEREBY CERTIFY THAT ALL INFORMATION CONTAIlVED IN THIS APPLICATION AND ANY ACCOMPANYING DOCUMENTS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. �: I CERTIFY THAT T S DOCUMENT HAS NOT BEEN ALTERED OR CHANGED IN ANY MANNER FRO�i1 TFIE FORM AD�PTED BY THE DEPARTMENT OF COMI��RCE. Sia ature Owner, Partner or Corporate Of6cer S 7"rnJ . 5��'�, Print Name of Owner, Partner, or Corporate O£ficer Date � 3 nov z7 0� 03:04p MoneyXChange 6128982209 p.4 : ., ; �i-� 7 I (unless otherwise aoted) �� All NEW appiicants must provide a signed, notarized statement finm the appiir,aat stating the proposed Iocadon of che currency exchange is not located within UZ mile of another currency exctiange. '- q� A cuireat fee schedule of atl fees charged by your cucrency exchange office for cashing checks, money orders or travelers' checks. The lisi MITST include the type of check cashed, the fee charged, aad whether or not the fee varies depending on tha amount of the check. � Ail owners, partners, o�cers, stockholders (owning 10% or more of the cotporate stock), and employees , with authority to exercise management or policy contro2 over t[te company must request that the Bureau of Criminal Apprehension conduct a back�ound investigation on the form provided. Completed form(s) '=` MI1ST be submitted with your license or renewal application. �,QtVl�g,;�i: � The work experience covering ten (10) years prior to application for each person listed. �$ A surety bond for $10,000 (on the forms pmvided) with a power of attomey form. : '.. � A check or money order made payable to "Deparhnent of Commerce" for: New AppIicants: $1,500.00 ($1,000.00 non-refundable application fee and $SOO.00 licensing fee.) Amendment Fee: $100.00 License Renewal Fee $500.00 � If applicant is a corporaEion, attach a copy of the Articles of Incoiporation filed with the Secretary of State. "E�' If the applicant is a partnership, attach a copy of the Articles/Agreemeat of Partnership. � The name under which the business will be conducted must be exactly the same as the name on your license. If operating under any name other than the exact corporate or paztnership r�ame or, if an individual proprietorship doing business under any name other than yoar first �and last name, attach a copy of the Assumed Name Certificate by the Minnesota Secretazy of State (651} 296-2803. To, apply, complete (please type or print in ink) and submit this form with the required fee to the Department of Commerce, Division of Financial Examinations, 133 East 7th Street; St. Paal, MN 55101. Check or money order must be payable to the "Degartment of Commerce". WE CANNOT ACCEPT CASH. Incomplete forms wiIl be returned to the business address listed. For further information on the application process, applicants may contact the Division at (651) 282-9855 or via e=mail, financial@state.mn,us. The application is available on the �Department of Commerce website, www.commercestate.mn.us. 0 nav 27 00 03:12p s � MoneyXthange 139b9 Grand Aveune Bamsville, MN 55337 MoneyXChange MONEYXCHANGE STORES MoneyXchange 1147 Canterbury Road Shakopee, MN 55379 bioaeyXchange 1108 �erling Drive Shakopee, MN 55379 MoneyXchange 12 East Franklin MPLS, hIN 55404 MoneyXc6ange 1328 So. Robert Street West St. Paul, biN 55118 MoneyXchange 2431 W. 7`" Street St. Paul, MN 55116 MoneyXchange 15100 Cedar Ave Saite Z00 Apple Valley, MN 55124 MoneyXchange 8160 Couaty Rd. 42 Snite �00 Savage, MN 55378 MoneyXchange � ] 01 E. �uperior Street : Duluth, MN 55802 612898Z209 Phoae:952-898-4021 Fax: 952-898-2209 Phone: 952-445-1444 Fax: 952-445-1466 Phone:952-445-38Z2 Faz: 952-445-3971 Phone: 952-870-0090 Faa: 952-870-87U5- �, Phone:651-450-6580 Fa�c: 651-450-5568 Phone:651-690-5070 Fax: 651-640-S1I7 Phone:952-432-8171 Fax: 952-432-4898 - Phone:95Z-226-5959 Fax: 952-226-5961 Phone:218-722-3766 Fax: 21&722-3853 MoneyXchange 4110 Centera! Avenae Suite 204 Columbia Heights, MN 55421 Money Xchange 7620 Lyndale Ave. RichfieId, MN 55423 Phone:612-788-4378 Fac: 612-788-4412 Phone:612-861-4888 Fas: 61z-861-2974 p.3 D! 7/ ,� _. 3% Payroll, Government Over $500.01, Company 6% Money orders, cashier's checks, insurance drafts 15% Personat Checks 1.5% Senior Citizens 2.5% Govemment under $500 . e 0 o�-a71 ��-a �� ARTiCLES OF ORGANIZATION OF eASH-A=CHECK; LLC - � - - - The undersigned, being a natural person 18 years of age or older and far the purpose of forming a limited liability company for general t;usiness purposes under Mtnnesota Statutes Chapter 322B, hereby adopts the following Articles of Organization: ARTICLE 1 Name: The name of the limited liability company is CASH-A-CHECK, LLC. ARTICLE 2 � Registered O�ce: The address of the registered office of the limited liability company is M. Austin Smith, Esq., C/0 Innovative Financial Systems, Inc., 3459 Washington Drive, Suite 202, Bagan, MN 53122. � ARTICLE 3 Oreanizer: The name and address of the organizer of the limited liability company is M. Austin Smith, Esq., C/0 Innovative Financial Systems, Inc., 3459 Washington Drive, Suite 202, Eagan, MN 55122. ARTICLE 4 / r Period of Eaistence: Unless the limited liability company is dissolved eariier in � accordance with law, the period of existence of the limited liability company shail be thirty (30) years from the date of filing of these Articles of Organization. ARTICLE 5 Membershia Units: Membership interests in the limited liability company shall be represented by Membership Units. Except as provided in the Operating Agreement or any member control agreement, Membership Units shall be equal in all respects and each Membership i3nit outstanding shall be entitled to one vote upon each matter for which members are enritled to vote. ARTICLE 6 Consent to Avoid Dissalution: Upon the occutrence of any event described in Minnesota Statutes Section 322B.80, Subd. 1, clause (5), that temunates the continued membership of a member in this limited liability company and leaves this limited liability company with at least two remaining members, the members with govemanae rights holding a 01��i42 o�-a�% majority of the remaining Membership Units of this limited Iiability company shall have the power to avoid dissoluiion by giving dissolution avoidance consent. ARTICL� 7 Business Continuation Aareement: The members of ttris limited liability company shall have the power to enter into a business continuation agreement. ARTICLE 8 Pre-emptive RiEhts Prohibition: Except as may be provided in any member control agreement goveming this limited liability company, members ofthis limited liability company shall have none of the pre-emptive rights described in Minnesota Statutes Section 322B33 or any successor thereto. ARTICLE 9 Commutative Votina Prohibition: Except as may be provided in any member control agreement goveming this limited liability company, members of this limited liability company shall have none of the rights of cumulative voting described in Minnesota Statutes Section 322B.63 or any successor thereto. ARTICLE 10 Limitation of Liabilitv of Governors: A govemor of this limited company shall not be personally liabie to this limited liability company or its membecs for monetary damages for breach of fiduciary duty as a governor, except for liability (1) based on a breach of the governor's duty of loya]ty to this limited liability company or its members; (2) for acts or omissions not in good faith or that involve intentional misconduct or a knowing violation of law; (3) under Section 322B.56 or Section 80A.23 of the Minnesota Statutes; or (4) for any transaction from which such governor derived an improper personal benefit. If Minnesota Statutes Chapter 322B is hereafter amended to authorize the further elimination or limitation of the liability of governors, then the liability of a govemor of this limited liabitity company, in addition to the limitation on personal liability provided herein, shall be limited to the fullest extent permitted by Minnesota Statutes Chapter 322B, as amended. Any repeal or modification of this Article by the members of this limited liability company shall be prospective only and shall not adversely affect any limitation on the personal liability of a govemor o€this limited liability company existing at the time of such repeal or modification. ARTICI.E 11 Action bv Written Consent: Any action required or permitted to be taken at a meetin, of the Board of Govemors which does not require the approval of the member may be taken by written action signed by the number of govemors thaY would be required to take the same action at a meeting at which all governors were present. However, if the action is one which must be approved by the members, such action may be taken by written action signed by all of the govemors then in office. o!-a�i ARTICLE 12 Pio Dissenters' Ri¢hts: Members of ttns limited liability company shaIl noih�se any of the rights of dissenting members described in ivfinnesota Staiutes Section 322B.383 or any successor thereto. ARTICLE 13 Distribations aad Sharin� of Profits and Losses: The operating agreement may provide for the making of distributions to members and the sharing of profits and losses between or among members on a basis otherthan in proportion to the value reflected in the required records of the comributions of the members. IN WIT'NESS WHEREOF, the undersigned has set his hand this 31�` day of March, 1999. ORGANIZER: � M. Austin mith STATE OF h1lNV��OTA DEPARiMENT OF STATE FILED MAft 31 1999 '��- `�"� "Z�"�"' Secretart � ate h1N. 0� PUB. INFO_ Fex�812-�97-70fi7 DeC 16 '98 1J: T7 - MINNESOTA SECRETARY OF STATE ^J�Vl : _��. , .... a�� AlUlEt+IDMENT TO CERTIFlCATE flF ASSUMED t�tAME • i . illnnesafa S�tutes Cha�er3C�3 _ ��— �� 1...;, Ro�dtnadlnctionsoersw�sid�t�etoneampiWng. FNMgFse: S2S.o0 . �B� O► 311 SS6�8FIYC1 il3qli t�QBS i7f7f �ltDy�L�Qe I158► WHf7 �CIl14ji/Y I�7� t0 t� lIBR78.�iB fltJllQ tS 2qUtIEd FOf Cd�6UR19f � Protecllortarord�to ene6lerAtisumars tobe abtala fderdify thetnreownerofabUSir�ess. .-:e: , . _ .. �.EASE'IYPE OR�PRB�iT�l.EGIBLY(N �.AGKlt+iCfOA AfcCOFID1I�PURP03ES. t. Smte�s�.t e�ame+af�rwhbhthetuqlnessisorwa�becafdt�ated:ans6u�inessrmmePe�aPD�) ` ' � ! � �2 S�ata the � ofths prbw�p31 plxa cf business. � � zl :� I � � � � � l. �� ti �5�� ._ - �, ---- � � - - --- T� code (Ammpfdestreetad�es - .�EeeaeanndbeaP.O.Box.) 3. List the nartie end r�mplete straet address or a1! peraons conducte�g business underthe above Awumed Name. Attadt additiona! shee4(s) if necassa+y. ff the buslness ownAr is a oerporetion ar atber busmass arnfty, Gst fie lega) name and reg�teredofflcaaddreso. , �e (P�seP�Z Srreet �, �Y State .Z'p —^ ✓ � 4t� /�� _� Z ZZ 0� � � �SS20662 Rw. 1ilBS �� •d e9T=TT �0 8� no1J 5. ! certtiy that t em authorrzed to aign this e snd t iurther esrtdy ufderstand maz 6Y signin9 th s��e.4 subject to the pe�ahies d perlury as set fort�!'�4�A�4�a 3t�utes� .�8gs if t f�d signedfhis certlttc�a under oath. �' � J� ��: � �a --- � >--�. '.,�. - MINNESOTA SECRETARY OF STATE CERTIFICATE OF ASSUMED NAME S �,{��T� t+�� 5�j� C . r� ot -a_7 Minnesota Statutes Chapter 333 �� Q� �'1 � Aead the directions on reverse side betore compfeting. Fiting tee: S25.00 The filiog of an assumed name does not provide a user wiih exclusive rights to that name. The filing is required tor consumer proteciion in order fo enabfe eonsumers to be abfe to identify the We owner of a business. PLEASETYPE OR PRINT LEGIBLY iN BLACK INK FOR MICROFILMING PURPOSES. t. Siate the exact assumed name under which the business is or will be conducted: (one business name per application) �'� ✓�� 1 /l _ /+i�r_ �'Y 2 State the address of the principa{ place ot business. required; the address cannot be a P.O.Box. �l1/..n�l,t�, �rn;nnt, �i/� Street City State Zip code 3 List the name and compiete street address of all persons conducting business under the above Assumed Name. Attach additional sheet(s) if necessary. If the business owner is a corporation, provide the legai corporate name and registered office address of the corporation. Name Street 4. t certify that I am a�thorized to sign this certificate and 1 subject to the penalties of perjury as set forth in Minnes� oath. , i- Date C�ty Siate z�P certify that t understand that by signing this certificate, I am �tes section 609.48 as if I had signed this certificate under one and Title Person 05920807 Rev. it/98 A comp(ete street address or rura! route and rurel route box number is is � [/ ��— Daytime Phone Number na �s�3 nav 27 00 03:13p MoneyXChange 6128982209 p.4 o�-a 7l Jessica c. Leff 582 Roundhouse Street _ : , ;., •, . _ Shakopee, MN. 55379 Work Ex�erience � 1992-2944 Worked as Assistant Manager aad as a �Iorist at Pearson Fiorists, Inc. 1994-Present GeneraI Manager at MoneyXchange . hav Z7 00 03:13p MoneyXChange 6128982209 p.5 s M. Anstin Smith 2848 Sunset Blvd. Mpls, MN. 55416 � o�-a � 1 . Work Ex�erience: Attomey & Accredited Iavestor 2 988 — Attomey for Smith & Smith family 1aw firm 1990 — Purcha.sed and managed Designer Wood Company 1993 — Purchased and managed MARJON Capital, L.I,C — Reai Estate holding 1994 — Purchased and managed The Tessman Company I995 — Parchased and managed The Lynde Company Bath chemical distribution companies with offices in Fargo, ND and Sioux Falls, SD. 1997-1998 — Purchased and managed and chairman of the board of Superior F'mancial Corporation ( A 3 bank (FederaI) holding company) 1998 — Formed M. Trast, LI.0 to own and operate currency exchanges nov 27 00 03:13p MoneyXChange 6128982209 p.6 s�� Q 1.6315 vct.oria Curve Prior Lake, iVAI. 55372 Wo� 'ence• 1992 —1998 Owu and operate ctrrrency exchange & pawnshop — Money Xchange � 1990 —1992 Work at WCCO as receptionist . ol-a7 � . ��-a 7� Notarizad Statement for Cash A Check, LLC. for Currency E�cchange License for 1676 I.eacington Avenue, St. Paul, MN 55113 This Statement is on behalf of Cash A Check, LLC. and affirms that the pmposed Currency Exchange location at 1676 Lexington Avenue in St. Paul, Minnesota is not located within a%2 mile of another Currency Exchange. ' Smith Notarized this 27�' day of November, 2000 as to the above signature. '" --, r. �`- <; ,.� Nota blic � � WIRILVN M. I(EMPER `� ►qiMY PUBUC- MItA�SOTA MY COMMISSION ,�; EXPIRES JAN. 31. 2005 � �� B�I��BER:BD790000545868 �,�'�.�{ STATE OF MINNESOTA ,� CURREI�ICY EXCHANGESI3RETY BOND � ` � 7 I Y:NOW ALL PERSONS BY TIiESE FRESENTS: Thai Cash A Check LLG, dba 1�tonep x change (Name of C�urency Exchange) a Minnesota Limited Liability Compaay (Description or form of business organization, including state of incorporation) with businCSS oCftCe at 1676 Lexington Avenue, St. Paul, MN 55113 (Saeet Address, City, State, Zip) asPRINCIPAL and Nationwide Mutual -Insurance Company (Name of Su*ety) a corporation duly organized under the laws of the State of ohio which is auihorized to engage in the business of insurance in the State of Minnesota, as SUR�"I'Y, are hereby held and firmly bound to thc Dcpartment of Commerce of the State of Minnesota in the sum of TEN THOUSAND DOLLARS ($10,000). Principal and Surety hereby bind themselves, their tepresentadves, successors and assigns, jointly and severally by thcsc �resents. 'Che partics further agree that: I. Thc putpose of this obligation, which is required by Minnesota Statutes, Section 53A.08, is to secure the compliance by Principal with the terms of Minnesota Statutes, Se6tiori�S3A.03 to 53�c:13, and any other legal obligations arising out of the Principal's conduct as a currency exchange. °'�` `� �; ' � , . 2. 1'his bond is for thc benefit of the State of Minnesota and all persons suffecxng.d�mage$ by'reason of the Principal's failure to comply with Minnesota Statutes, Section 53A.02 to 53A.08, or other legal obligations arising out of Principat's conduct as a currency exchange. If the Principal sha(I violate Minnesota Statutes, Section 53A.02 to 53A.08, or other legal obligations arising out of its conduct as a currency exchange, the Commissioner of Commerce, as well as any person damaged as a rc:.:alt of such vioiatioa shalf have, in addition to ail other legal remedies, a right of action on this bond in ttic nnmc of the injured party for loss sustained by the injured pazty. 4. 'This bond shal( bc effcctive from December 31, 200o until Becember 31, 2001 _.____ � • (Year} Signcd ar�d Scaled this 3oth day of November , � I Nationwide Mutual Insurance Company B � (Name of Surety) (�jgna in Fact of 5uraty Coinpar.y) � Cash A Check LLC;dba Money X Change By , �� (Name of Currency Exchange) (Signature of Sole Proprietor, Partner, or President) � � s � * r « * � * r x � s a s � * w.�k * * * * TOR D�PARTM�NT USE ONLY Apnroved as to form and exccation by Department of Commerce. Power of Atforney � ��o� _ er a 7/ KNOW ALL MEN BY THESE PRESENTS THAT Nationwide Mutual Insurance Company, a cotporarion organized under the laws of the State of Ohio, wi[h its principal office in the Crty of Columbus, Ohio, hereinaftet called 'Compan}�', does hereby make, constitute and appoint SALLY e� %LEIN DENNLS J. BOR% MARY E. %RAAIER iNARK A. GRESSER SHAWN W. FLAVIN SAINT CLOUD MN each in their individual capacity, its true and lawful Attomey-In-Fact with fuIl power and autfiority to sign, seal, and execute in its behalf any and atl bonds and undersakings and other obligatory instruments of similaz naaue in penalties not exceeding the sum of TK'O MII,LION AND NO(100 DOLI.ARS S Z,000,000.00 and to bind the Company thereby, as fully and to the same eatent as if such instrumenis were signed by the duly authorized officers of the Company; and all acts of said Attomey pursuant to the authority hereby given aze hereby ratified and con6rmed. � Tkus Power of Attorney is made and executed pursuant to and by authority of the followino resolufioa duly adopLed by the Board of Directors of the Company. "RESOLVED, Ihat the President, or any Senior V�ice President, Resident �ce President or Second �ce President by, and the same hereby is, authorized and empowered to appoint Attorneys-In-Fact of the Company and to authorized them to execute any and all bonds, undertakings, recognizances, contracts of indemniry, policies, contracts guaranteeing the fidelity of persotts holding posifions of public or private trust, and other writings obligatory in nature which the business of the Company may require; and to modify or revoke, with or without cause, any such appoinunent or authority. The authoriry granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such Attomeys-In-Fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company, subject to the terms and IimitaGons of the power of attorney issued to them, and to affix the seal of the Company thereto, prouided, however, that said seal shall not be necessary for the validity of any such documents." This Power of Attomey is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Boazd of Directors of the Company. ARTICLE VIII °Section 10. Execution of insVUments . Any Vice President and any Assistant Secretaey or Assistant Treasurer shall have the power and authority to sign or attest all approved documents, insVUmenis, conffacts or other papers in connecGon with the operafion of [he business of the company in addition to the Chairman and Chief Executive Of£icer, Ptesident, Treasurer and Secretary: provided, however, the signature of any of ffiem may be printed, engraved or siamped on any approved document, contract, instrument or other papers of tkte Company. IN WITNESS WHEREOF, ffie said Nationwide Mutual Insurance Company has caused this instrument to be sealed and duly attuted by the signature of its �ce President the 28th day of April, 1999. 1�\ ^ � � ACKNOWLEDGMENT ��',��'',�� - By� a) a /�� $�,.�� STATE OF IOWA - �%, � Vice President COUN'['Y OF POLK SS ��,'s�i �� On this 28th day.of April, 1999, before me came the above named V'ice President for Nafionwide Mutual Insurance Company, [o me personal(y known to be the ofFicer described in and who executed the preceding instrument, and he acknowledged [he execution of the same, and being by me duly swom, deposes and says, that he is the ofl'icer of the Company aforesaid, that the seal affixed thete[o is [he corporate seal of said Company, and the said corporate seal and his signature were duly afFuced and subscribed to said instrument by the authority and direction of said Company. � w�� wRnz�.aive "�"""7" � Notary Public My Coaunission expires March 24, 2002 CERTIFICATE I, John F. Delaloye, Assistant Secretary of Nafionwide Mutuat Insurance Company, do hereby certify that the Resolution included herein is a true and correc[ transcript &om the minutes of the meeting of the Board of Directors duly called and held on the 6th day of September, 1967, and the same has not been revoked or atnended in any manner; tha[ said Douglas L. Andersen was on [he date of the execution of ihe foregoing Power of Attorney the duly elected Pice President of Naflonwide Mutuat Insurance Company and the corporate seal and lus signa[tue as Vice President were duly affixed and subscribed to tkte said instnunent by the authority of said Boazd of Directors. IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and afFixed ihe corporate seal of said Company this day of , �_� 00154 This Power oFAttomey expires Bd I (OG-00) 00 06/04/02 ��~��,� �.�� I �� Assistant Secretary aaatexewxae _- ,:�; .� _ . _ -. . : _ .. • _ ,- .. - - - - - Di-a7/ � _ - Department of Commei�ce Attn: Rohin $r4wn 133 East 7'� Street . _ St. Paul, MN 55101 �-� � "� � � � � � , � _ . . _ _ ' . _ $ �l.pfFc..13' � . ' ' ' � � , ' S[2`n 4:. - - - � � _� � _ : {}�� ' � ZOfl� ' , . ca . � _ _-. .. . . �. _ , f ;�c;a: C�,*,.c. _. RE: New ApplicaYio� for �67b �.e�gtaa Avenue - November 28, 2000 Dear Robin, Please find enclosed a fully complete application for a new currency exchange business located at 1676 Lea�ington Avenue. We have entered into a lease for tivs location and are anticipating an openi� in late 7anuary of 2001. I have directed our insurance company to issue a bond Yo you directly for this lc�cation and you should be in receipt of this within a day or two. If you have any questions regazding this application, please feel free to call and I appreciate your help in this matter. Please also find enclosed money orders in the amount of $1509 as and for the new check cashing fee. �1 U71� �'� IIi' i �✓✓i�C�-'6 (S �L� YJL�v� _ Z rz�;.,zz �t �,,1� �+� � `� 7(OA1ZSCHH9Qf 1�969 6RAND AVENUF WRNSVILLE, MN SSSST FXONE 611-898J021 FAX Af3-898•1t09 � � OFFIC THE CITY ATI'ORNEY � Clny4on �inson, Jr., Ciry Altornry' CITY OF SAINT PAUL Norm Co[eman, Mny'or January 30, 2001 Civii Divisian 400 Ciry� Hnll 15 West Kellagg Blvd. Saint P¢ul, Minnuota S.i101 NOTICE OF HEARING Mr. Mazk Austin Smith Cash-A-Check C/O Innovative Financial Systems, Inc. 3459 Washington Drive, Suite 202 Eagan, Minnesota 55122 o�-a�� Telephane: 65l 266-87! 0 Fncsimife: 6i 1298-�619 RE: Currency Exchange License Application submitted by Cash-A-Check, LLC d/b/a Money X Change for the premises located at 1676 Lexington Avenue in St. Paul Dear Mr. Smith: Please take notice that a hearing will be held at the following time, date and place concerning the currency exchange license application for the premises identified above: Date: Tuesday, February 13, 2001 Time: 9:30 a.m. Place: Room 42 St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Allan W. HIein Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-341-7609 � Cash-A-Check, LLC d/b/a Money X Change — City's Exh. # 2 — - �- o�-a 7� The Council of the City of �nt Paul has the authority to provide for�arings conceming licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- intoxicating liquor, authority is also conveyed by Minnesota Statutes section 34�A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the jud�e which may lead to adverse action a�ainst all the licenses you hold at the above premises as follows: Saint Paul Zoning Code §60.542 permits currency exchanges in a B-2 district when the business is located at least one hundred (100) feet from any residential lot in a residential district or at least one hundred (100) feet from any residential lot occupied with a one-,two-, three-, four-, townhouse, or multiple-family dwelling, measured from the closest point of the buitding in which the business is located to the closest residential property line. The application for 1676 Lexington Parkway North is adjacent to a single family home in an R-3 residential area. The proposed location is zoned B-2. The measurement from the closest point of the building in which the business is located to the closest residential property line was between 10 and 15 feet. Accordingly, this business is not permitted at this location. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legisiative Code as may be applicable. At the hearing, the Administrative Law 7udge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each ofwhom the City's attomey may cross-examine. The Administrative Law 7udge may in addition heaz relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearin�, the 7udge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. Notice of Hearing - Page 2 �' � o�-a7 You should bring to the h�ng all documents, records and witnes�es you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law 7udge for incorporation into his or her recommendation for Council action. If you fail to appeaz at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated eazlier in this notice may be taken as true. If non- public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. If you have any questions, you can call me at 266-8710. Very truly yours, `/ �� . G�� Vugmia D. Palmer Assistant City Attorney cc: Mark A. Smith, Money X Change, 2431 West 7"' Street, St. Paul, MN 55114 Sherri Marzario, 16315 Victoria Curve, Prior Lake, MN 55372 LaVonRegan, Office ofAdministrativeHearings,100 Washington Squaze, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Roger Curtis, Director, LIEP Christine Rozek, LIEP Sue McCall, Community Organizer, District 10 Como Commujity Council, 1556 Como Ave., St. Paul, MN 55108 Notice of Hearing - Page 3 Y � • � � ��-a7� COUNTY OF RAMSEY STATE OF MINNESOTA ss. AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMEN'I'S, being first duly sworn, deposes and says that on January 31, 2001, she served the attached NOTICE OF AEARING on the following named persons by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Mark Austin Smith Cash-A-Check C/O Innovative Financial Systems, Inc. 3459 Washington Drive, Suite 2�2 Eagan, MN. 55122 Mark A. Smith Money X Change 2431 West 7 Street St. Paul, MN. 55114 Sherri Marzario 16315 Victoria Curve Prior Lake, MN. 55372 (which is the last known addresses of the same, with postage prepaid, in tl Paul, Minnesota. � Subscribed and sworn to before me this 31st ��y1of J�u r�2001. Notary �ersons) and depositing tec� States mails at St. PETER P. PAhiGBORN 1�M?TAS2Y PUBt1C - MINNESO �sv co��sstor� EXFf?�8 SAP3. 39 � 20� �� ___.. __ _ _.. Connne Asuncion Currency Exchange License Application 1676 Lexin tg�on Pkwy N � �� Page 1� From: Jeff Fiawkins �i-a7t To: Asuncion, Corinne; Rozek; Christine Dafe: 1/24/01 4:02PM Subject: Currency Exchange License Appiication- 1676 Lexington Pkwy. N. Dear Christine: I have researched and physically inspected the properfy at 1676 Lexington Pkwy. N. The property is adjacent to a singfe family home in a R-3 residentiat area. The separation requirement tor a Currency F�change business is 100 feet from the nearest comer of the building to the nearest residential properly line per Zoning Code Section 60.532. (4) Currency exchange business when located at least one hundred (100) feet from any residential lot in a residential district or at least one hundred (100) feet from any residential lot occupied with a one-, two-, three-, four-, townhouse, or multiple-family dwelling, measured from the closest point of the building in which the business is located to the closest residential property line. Therefore 1 must deny zoning approval for the license application at this time. Please notify your office and any other interested agencies that this is not currently a permitted use for tfiis focation. Thank you. Jeff Hawkins Zoning Specialist Cas� �'Q''rA°aeC�k'L� � C �■ — City's Exh. # 3 — : Peter Pangborn - 1676 Lexington Pkwy N .. _ .. ...__ ,. .. _. __.. _-. _ ... . ° ' Page 1 : From: Jeff Hawkins D� � � / To: Asuncion, Corinne; Palmer, Ginger, Rozek, Christine Date: 1 /29/01 7:37AM Subject: 1676 lexington Pkwy N Depending on the property line which is difficult to determine in the winter the building is between 10- 15 feet from the adjoining residential property. Contact me if you need more. Jeff Hawkins Cash-A-Check, LLC d/b/a Money X Change "–" City's Exh. # 4 — OFF'ICE OF ADMIlVISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In Re the License Application of Cash-A-Check, LLC d/b/a Money X Change CITY'S PROPOSED EXHIBITS February 13, 2001 o1-a 7 � �j`-�o� Z�ECI� TO: Judge ��, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list ofthe City's proposed exhibits forthe Administrative Hearing on February 13, 2001. Exhibit No. E}ch. No. 1 Exh. No. 2 E�. No. 3 Description License Application, dated November 27, 2000 with cover letter from the Minnesota Depart of Commerce, dated January 22, 2001 (19 pp.); Notice of Aearing, dated January 30, 2001, with Affidavit of Service (4 pp.); Memo from Jeff Hawkins to Corinne Asuncion and Christine Rozek, dated 7anuary 24, 2001 (1 p.); Exh. No. 4 Memo from Jeff Hawkins to Corinne Asuncion, Ginger Palmer and Christine Rozek, dated January 29, 2001 (1 p.). Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code § 310.05 St. Paul Legislative Code § 310.06 St. Paui Zoning Code § 60.542 St. Paul Legislative Code Chapter 381 Currency Exchanges bl-�7/ Respectfully submitted this 13rd day of February, 2001. i � \ � Vir � � . Palmer ' Assistant City Attorney Office of The City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 �� CITY OF SAINT PAUL Norm Coleman, Mayor January 30, 2001 OFFICE OF THE CITY ATTORNEY Cln}�[an M. Robirtsan, Jc, CiryAttorney CivilDivision 400 City I S West Kel/ogg Btrd. Saint Paul, Minnesota 55103 NOTICE OF HEARING Mr. Mazk Austin Smith Cash-A-Check GO Innovative Financial Systems, Inc. �459 `'�ash:ngton Drive, Suite 202 Eagan, Minnesota 55122 r�/ 71 Teleplrone: 651266-87/ 0 Facsimite: 651 298-5619 � / 0 � ?, F�ct y � �� ;'f} �=� < �� w c �, y � �' = � . f' p c11 RE: Currency Exchange License Application submitted by Cash-A-Check, LLC d/b/a Money X Change for the premises located at 1676 Lexington Avenue in St. Paul Dear Mr. Smith: Please take notice that a hearing will be held at the following time, date and place concerning the currency exchange license application for the premises identified above: Date: Tuesday, February 13, 2001 Time: 9:30 a.m. Place: Room 42 St. Paul City Hall 15 W. Kellogg Blvd. 5t. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Allan W. Klein Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-341-7609 ��-a � � The Council of the City of Saint Paui has the authority to provide for hearings concerning licensed premises and for adverse action a�ainst such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action a�ainst all the licenses you hold at the above premises as follows: Saint Paul Zoning Code §60.542 permits currency eschanges in a B-2 district when the business is located at least one hundred (100) feet from any residential lot in a residential district or at least one hundred (100) feet from any residential lot occupied with a one-,two-, three-, four-, townhouse, or multiple-family dwelling, measured from the closest point of the building in whech the bssiness is located to the closest resi�lenYial groperty line. The application for 1676 Lexington Parkway North is adjacent to a single family home in an R 3 residential area. The proposed location is zoned B-2. The measurement from the closest point ofthe building in which the business is located to the closest residential property line was between 10 and 15 feet. Accordingly, this business is not permitted at this location. You have the right to be represented by an attorney before and during the hearing or you can represent yourseif. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each oFwhom the licensee or attomey may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each ofwhom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony &om persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. Notice of Hearing - Page 2 _.. a l a �� You should bring to the hearin� all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 14Q0.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attomey contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challen�e the allegations will be forfeited and the allegations a�ainst you which have been stated earlier in this notice may be taken as true. If non- public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. If you have any questions, you can call me at 266-8710. Very truly yours, '/� lJ�-l��--�. _ G�a Virgin a D. Palmer Assistant City Attorney cc: Mark A. Smith, Money X Change, 2431 West 7"' Street, St. Paul, MN 55114 5herri Marzario, 16315 Victoria Curve, Prior Lake, MN 55372 LaVonRegan, Office ofAdministrativeHearings,100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Roger Curtis, Director, LIEP Christine Rozek, LIEP Sue McCall, Community Organizer, District 10 Como Commujity Council, 1556 Como Ave., St. Paul, MN 55108 Notice of Hearing - Page 3