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09-1354Council File # � � f � Green $heet # Q � RESOLUT{ON CITY OF SAINT PAUL, MINNESOTA Presented jr 1 WHEREAS, the Department of Safety and Inspections teceived a letter from the State of Minnesota 2 on September 25, 2009, notifying them of cutrency exchange licensees that have made application to renew 3 their licenses; and 4 5 WI�REAS, New Money Express, Inc. dlb/a New Money Express, Ina (License ID#1999000326) 6 located at 785 — 7`�` Street East applied for renewal of their Currency Exchange license with the Department 7 of Safety and Inspectians on October 1, 2009; and 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 WHEREAS, as required by Minn. Stat. §53A.04, the Department of Safety and Inspections published notice of the renewal application to affected neighborhood groups, giving them fifteen (IS) days to respond with any objections to the issuance of the license; and WHEREAS, the Department of Safety and Inspections received two objections within the fifteen (15) days, and per Saint Paul Legisiative Code §381.02, an administrative hearing needed to be scheduled; and WHEREAS, a hearing was scheduled before an Administrative Law Judge on November 2, 2009. No one in appositian to the issuance of the license appeared to testify. The City submitted letters from the individua7s in opposition but requested that the license be renewed; and WHEREAS, a Report was issued on November 5, 2009, in which the Administrative Law Judge found that the record did not demonstrate any violation of ordinance or statute justifying adverse aetion against the license of the Licensee; and WHEREAS, at a public hearing on November 18, 2009, the Council of the City of Saint Paul considered all the evldence contained in the record, the Administrative Law Judge s' Findings of Fact, Conclusions of Law, and Recommendations, and the ora7 arguments of the City ptesented before the Council; now, therefore, be it RESOLUED, that the Findings of Fact, Conclusions of Law, Recommendation and Memorandum of tbe Administrative Law Judge in this matter are hereby adopted as the Findings and Conalusions af the City Council in this matter; and be it FURTHER RESOLVED, that the City of Saint Paul recommends renewal of the Currency Exchange license for New Money Express, Inc. d/b/a New Money Express, Inc. to the State of Minnesota. �-���� 36 A copy of this resolution, as adopted, shall be sent by first class mail to the Administrative L,aw Judge and 37 to the license holder. Requested by Deparcment of: S 3 � � .� � � .� � �5 BY: Vi^�SJ'�n�s-� fA 2,� ti Approved by the Office of Financial �ervices By: Approved b�y / Cu�y BY� �-<��r: to Adoption Ce Cou 1 Secretary BY� ,� / /t�l��.%,P50� Approved by Mayo . Date �'�( 22/p — �r -- �. -- By: �� �c si� �9 , e �.P � Adopted by Council: Date ��/���dG/ � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 6�f �1��� �partmentlOffice/Council: � Date Initiated: � S� _Dept.ofi5afety&Inspections � pZDEC2009 i Green Sheet NO: 3090238 Lontact Person & Phone: �roinia D. Palmer 266-8710 Must Be on Council Agenda i6-DEG09 ((`,cv,ni Doc. Type; RESOLUTION E•DOCUment Required: Y Document Contact: Julie Kraus Contad Phone: 2668776 _ _. _ _ . '._"__"' � ! 0� eot of Satety & Insoecfions I' ------�-' � 1 pept of SafetV & Insoec/ions i� Deoartment Direc[or . Assi ber I Z iCiW Attornev � Citv� Attorney ^ I � Fo� � 3 3Yfayor's0ffice � Mavor/Assistant ��, Routing � 4 oancil i� � I Order 5 Cih Clerk C,�'w t'IP.� ' l Total # of Signature Pages _(Clip All lnwtions for Signature) Memotialilzarion of City Council acfion taken on November 18, 2QQ9, approving the Cutrency Exchange license renewal for New Money Express, Inc. df61a New Money Express, Inc. (License ID#1999000326) for the premises located at 785- 7th Street East in Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Personal Service Cu�track5 Must Answer the Following Questions: 1. Has this person/firm ever worked under a contract for this department? Ves No Civil Service Commission 2 Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current ciiy employee? Yes No Explain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, lM�ere, Why): A public heazing was held on Novembex 18, 2009, to discuss the AdminisRative Law 7udge's Findings of Fact, Conclusions of Law and Recommendarion from the adminisharive hearing held on November 2, 2009. AdvanWgeslfApproved: _ Memorialization of Council action taken as a result of the public hearing. DisadvanWges If Approved: None. �isadvanWges If Not Approved: ToYal Amount of Transaction: Fundi�g Source: Financial Information: (Explain) CosffRevenue 6udgeted: Activity Number: December 2, 2009 11:30 AM Page 1 !9'°�x �Tqr_;. us�e`�..os����' [ '°•,�' ` j' � „J A.w' 5�� �: ; C± 3- �: z y��i�-� • id'.,— .-" F� � " 2s "�: ;:1 `��' � ��5� =��y....�6:�a.. -- A%�«ISi r �.'�. 09-1354 MINNESOTA OFFICE OF ADMINISTRATNB HEARINGS 600 North Robert Street SainE Pauf, MinnesoYa 55141 Mailing Address: Voice. (651) 361-7906 P.O. Box 6467A . TTY: (657) 367-7878 St. Paul, Minnesota 55164-0620 Far. (657) 361-7936 November 5, 2009 Shari Moore Sf. Nau{ City i,ierk 290 Clty Hall 15 W Kellogg Blvd St. Paui, MN 55102 �_ �.��a�'�� � ,, :;W �*�l `� r r .: i';j�;� t' ��,� �{+ �����' Re: in fhe IUlatter of fhe Minnesofa CurrencyF�cchange License of New Money Express, Inc., d/b/a New Money F.acpress, lnc. OAH Docket No. 58-6020-30910-3 Dear Ms. tvioore: Enc4osed herewith and served upan you by mai{ is a copy of the Administrative Law Judge's Findings o� Fact, Conciusions and Recommendation in fhe abaue- entitled matter. The original Report together with #he o�cial record will be sent to you under separate cover. Our frle in fhis matEer is now cfased. Sincerely, �°�. .� C� �� LINQA F. CLOSE Rdministrats�e Law Judge LFC:dsc Enelosure cc: uG�trira D Patiner= Bonnie Schoentierg 09-1354 OAH 58-6020-20910-3 STATE OF MINNE80TA OFFiCE OF AdMINfSTRATiVE HEAfilNGS FOF2 THE ST. PAUL CiTY COUNCIL In the Matterofthe Minnesofa F(NDWGS OF FACT, Currency Exchange License of New CONCLUSIONS Money Express, Inc., d!b/a New Money AND RECOMMENDATION Express, Inc. The above matter came on far hearing before Administrative Law Judge Linda F. Ctose on November 2, 2009. The 4AH record ciosed on fhat day at the Conc{usion of the hearing. Virginia D. Palmer, Assistant City Attorney, appeared on behaif of the City's Office of Safety and fnspecfians (DSI}. AEice Gunderson, manager for New Monay Express, Ina (the Licensee}, appeared ort behalfi of the Licensee. Prior to hearing, the Cify Attorney leamed that fhe two persons who had Fled obyect+ons to the Heense renewa{ vaould not appear a# the hearing. Given the absence of any testimony in opposition to renewal, DSI, #hrough the City Attorney, took the position that there was no basis for deniai of the applicatian. The matter was submitted on DS) exhibits relating to the applicatian and the testimony of the Licensee's manager. STATEMENT OF THE ISSUE Shou4d the currency exchange iicense of New Money Express be renewed? Based on the evidence in the hearing record, the Administrative Law Judge makes the foliowing: f,�1�i7�37��I�3� 9. The Licensee has held a currency exchange license from the Department of Commerce (the Department) since af least i89H.' Qn September 25, 2409, the Department informed DSI that the Department had received appiications to renew cas#ain currency exchange licenses 4ocated within the City. On Ocfober 5, 2009, DS4 ' Ex.1-t. Z Ex. 2. 09-1354 notified the Licensee it had received the Depastment fiformation about the Licensee's renewal application. DS! #urther infarmed the �icensee that the City had notified various neighborhood organizations about the renewal applicaiion. The notice to these organizations gave those organizations until October 2fl, 2009, to object fo the renewal 3 2. The City received iwo letters objecting to renewaf of the ficense. The first, dated October 13, 2�09, argues against ticensure of check-cashing estab{ishments such as the Licensee. The second is undated and criticizes the polscy oF atlowing check-cashing esta6lishments such as the Licensee to operate in the neighborhood. The letter further aileged thaY the Licensee's parking lot has foiterers and vendors, as weil as farge amoun#s of trash 5 Both letters are unsigned 6 3. At hearing, the nat a}low ioitering or sales accumulate in 4he fot.� manager for the Licensee testified that the Licensee does of goods in the parking ioi. Trash is not aiiowed to Based on these Findings of Fact, the Administrative Law Judge makes the foliowing: CONCWSiONS 1. Tne St. Paul City Councii and the Administrative Law Judge have jurisdiction in thls maiter pursuant to St. Paui Legistative Code §§ 310.05, 310.06, and 381.02; attd Minn. St�t. § 14.55. 2. The City of St. Paul has fulfilled ai1 relevant, substantive and procedurai requiremerrts of law and rufe. 3, The City of St. Paui has given proper notice of the hearing in this matter, including proper notice in accardance with fhe requfrements as set forth in Minn. Stat. § 53A and Sec. 389.Q2 of the Legislative Code of the C[ty of St Paul. 4. Sec. 389.03(b) of tha St. Paul Legislat'sve Code provides, in relevant part, that the following constitute grounds for disapproval of an application: (1) Viata#son of any provisian af the stafa cursency exchange Eaw contained in Ghapfer 53A. {23 Any one {1) or more af the seasans, cond'stions, or sfandards for adverse action under sacfion 340.06 of the Legislafive Code� 3 Ex. 4. Ex. 6 is a copy ofi the tetter sent to the neighborflood organizations. ° Ex. H. The individuat requested that his(her identify not be revealed, and the Gity AtFomey agreed to removai of the signatore from the fetter, which is why i1 is unsigned. 5 Ex. 10. This writer also requested anonymity, and the City Attomey submiited the letter unsigned. s See Ex. 9-10. ' Tes#imony o fAlice Gunderson. � 09-1354 (4) (ii) The sxisting currency exehange has caused significant adverse consequences or Impacts upon the neighborhoods wi#hin three hundred (300} fieet of the exchange. 5. Under sectsan 310,01 of the St. Pau{ Leg'sslative Code, "adverse action" against a license means "revocation or suspension of a license, the imposition of conditions upon a license, the denia! of an application for the grant, issuance o� renewal of a license, the imposition of a�ne, Yhe assessment of the costs of a contested hearing, and any other disciplinary or unfavorable action €aken with respect to a license," It +ncludes "disapprova{ of {icenses issued 6y fhe state under stafutory provisions which permit the governing 6ody to disapprove the issuance of the 4icense." 6. Section 310.06(b} of the Code provicies, in relevant part, that the councii may take adverse action against a fices�sse or app{icant based on one or more of the following reasons; (6) a. The lice�see or app(Ecant (or any perso� whose conduct may by iaw be imputed #o the 3icensee or applicant) has violated, or perFormed any act which is a viofation of, any of the protisions of these chapters or of any statute ordinance or regulation reasonabiy related to the licensed aetivity, regardless of whether criminal chasges have or have not been brought in connecfion therewith; c. The Iicensee or applicant (or any person whose conduct may by Iaw be imputed fo the ticensee or appiicant) has engaged in or permitfed a paftem or practice of conduct of fai3ure to comply with laws reasonabiy refafed to the licensed activity or from which an inference of iack af fitness or �ood chatactev may ba drawn. (7} The activities of the licensee in the licensed actiuity created or have created a serious danger to the pubiic heaith, safety or weifare, or the ficensee perfarms or has pertormed his or her work or ac#ivity in an unsafa mannes. (8j The licensed business, or the way in which such 6usiness is operated, maintains or permits conditions that unreasonably annoy, injure ar endanger the safety, heafth, morals, comfort or repose of any considerable number of inembers of the pubiic. k� 09-1354 7. The record does not demonsfrate any �iolation of ordinance or statute jusfifying adverse action against #he license of the Licensee. 8. Because the reeord demonstra#es no violation af ordinance or sfatute, fhere 'ss no 4ega1 basis #or adverse ac#ion against the lieense of the Licensee. Based upon these Condusions, and for the reasons expiained in the accompanying Memorandum, the Administra#ive Law .ludge makes the foilowing: RECOMMENDATION Based upon these Conclusions, #he Administrative Law Judge recommends that: the C'sty Council renew the currency exchange license of tVew N{oney Express, Inc. Dated: November 5, 20d9 � � II I '1 , ��i.�'' �!/�%/�iI�.Y���L ',� ' � � �i�'� � `I •� •e- /�! Reported: Digital{y recorded No transcript prepared NOTlCE This report is recommendation, not a final decision. Under fhe Sf. Paul Legislative Code Sect+on 390.05 (ej(o-1), #he City Councii wilt pravide the licensee the opportunity to present oral or written argument to the city councif before it takes final action. The parties should contact tfie St. Pau{ City Council to determine the procedure far pr2senfirg argume�E. Pursuant to Minn. Stat. § 53A.04, the St. Paui City Coe�ncil is required to forward its approvai ar disapprovaf of the iicense appiication io ihe Commiss+oner ofi Commerce of the State of Minnesota for the Commissioner's approval or disapproval, lf Yrie renewai appiication is denied, the Cammissioner sha{[ maii notice of the denial ar�d the reasons therefor #o the app�icant. Tha appficant, upon densal, may requesf a further hearing as provided for in Minn. Sfat. § 53A,04(b). C� 09-1354 MEMORANDUM As rQquired by Gity ordinance, this matter was schedu(ed €or hearing based on wri�ten objec#ions to fhe renewaf of the license 8 However, the letters are unsigned and their authors did not appear at hearing to testify. The letters have no probative value, under fhe circumstances. The record facks credibie evidence fhat the Licensee ailows conditions on its prernises ta adverse(y impact the neighborhood. The ALJ concurs with the position of DSI that there is r�o basis to deny re-iicensure or take other adverse action against tha license. L, F. C. 8 See Sf. Paul Gity Ord. § 384.02 (c}. 5 OFFICE OF THE CiTY ATTORNEY Joho J. Choi, CityqROmey 09-13�4 SAINT PAVL C1TY OF SA1NT PAUL CivilDrvisivn � Ch�istopherB.COtemaA,Mayo� 400C1tyHal1 TelepBOns:653266-8710 15WestKellogg8lvd. Facsfmrle:S57298-5679 A* Saint Pa�f, Minn¢sota 55702 November 6, 2009 NOTICE OF CODNCII, HEAI2ING Bonnie Schoenberg New Money Express, Inc. 425 Hueh1 Road, Building 3 Northbrook, II. 60062 RE: Currency Exchange License Renewal for New Money Express, inc. dibla New Money Express, Inc. for the premises located at 785 — 7`� StreeT East in Saint Pav] License ID # 19990000326 QAH Docket Na.: 1 1-6 020-204 1 0-3 Dear Ms. Schoenberg: Please take notice that a pubIic heanng to discuss the report of the Administrative Law Judge coacerning the above-mentioned license has been schednled for Wednesday, November ]8, 20D9, af 5:30 p.m. in the City CouneiI Cbambers, 2hird Floor, Sainf Paul City Hall and Ramsey County Coucthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normai business hours. You may atso present oral or written arguments to the Council at the hearing. 1v*o new evidence will be received or tesfimony taken at this heariag. The Counci[ wiit bue its decision on t}te record oF the proceeclings hefore the Administrative Law 7udge and on [he arguments made and exceptions £iled, but may depart from fhe recommendations of such judge as permitted by ]aw in the exercise of its jndgment and discre4on. 5'tncerely, i� ( �' ��Y�C {'� � ` �C�kR�Yl� l�� Virginia D. Palmer Assiswnc City Attomey cc. Diane Nordstrom, Office of Administrative Hearings, P.O. Sox 6462�, St. Paul, MN 55164-0620 Chcistine Rozek, Depury Director o# DST Mary Erickson, Council Secretary Alice Gunderson, New Money Express, Tnc., 785 — 7"' Sffeet East, St. Paul, MN 55106 Kazin DuPaul, CommuniYy Organizer, Aayton's $laff District 4 Commun9ty Council 148 East Seventh Street, St Paul, :VIN 55105-5625 AffirmaGve Action Ec�uai Opportanity Hmpioyet