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95-1512
Council File # F + Green Sheet # 3.5 6 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date RESOLVED, that the currency exchange license application by Terrence J. Magill and Jeffrey Bearth, dba Capitol City Check Cashing for the premises located at 477 Rice Street in Saint Paul, is recommended for approval. Minnesota Statute sec. 53A.04 requires the approval or disapproval of the state application by the local governing body. This resolution and the action taken above are based upon the proceeding before the Administrative Law Judge, the documents and exhibits introduced therein, the testimony offered by and on behalf of the licensee during the Council hearing on December 13, 1995 and the deliberation of the Council in open session. The Council adopts the findings of fact and conclusions of law of the Administrative Law Judge contained in this Report. The Report of the ALJ is incorporated in and made part of this resolution. A copy of this resolution, as adopted, shall be sent by first class mail to the Administrative Law judge and to the licenseholder. In addition, a copy of this resolution as adopted shall be delivered by the Office of License, Inspection and Environmental Protection to the Minnesota Commissioner of Commerce. Requested by Department of: Yeats Nays Absent Blakey ✓ Grimm Office of License, Inspections and Guer.i.n ✓ Environmental Protection Harrm.s Megqard ✓ Rettman Thune ✓ / � U O By: 4/0 dd ■ Adopted by il: pate / Adopt' -n Certified I.. cretary Form Approved by City Attorney (14tir 461 By: � `s Approved by .a •r: Date /427 "- Approved by Mayor for Submission to Council /IC By: i /.. � Ard By: s DEFARTMENTIOPFICEECOUNCIL DATE INMATE!) O LIEP 12/18/95 GREEN-SHEET • N 3 21 • CONTACT PERSONA PHONE Et DEPARTMENT DIRECTOR • ® CITY COUNCIL INITIALIt1TE — Troy Gilbertson 6/9101 ASSIGN ©CITY ATTORNEY CITY CLERK MUST SE ON COUNCIL AGENDA BY (DATE) ROUTING D BUDGET DIRECTOR E3 FIN. & MGT. SERVICES DIR. ASAP MAYOR (OR ASSISTANT) D TOTAL # OF SIGNATURE PAGES 1 (CUP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Approval of license renewal application of Terrence J. Magill and Jeffrey Bearth dba Capitol City Check Cashing located at 477 Rice Street in Saint Paul. RECOMMENDATIONS: Approve (A) or Rs)wx (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: PLANING CoMM188ON CIYN. SERVICE CoMMa88IoN 1. Has this person/firm ever worked under a contract for this department? - • CIS COMMITTEE YES NO _ STAFF 2. Has this person/firm ever been a city employee? YES NO _ DISTRICT COURT 3. Does this person/firm possess a skill not normally possessed by any current city employee? SUPPORTS WHICH COUNCIL OBJECTNE? YES NO Explain all yes answers on separate sheet and attach to grain sheet INITIATING PROBLEM. ISSUE, OPPORTUNITY (Who. Whet, When, When, Why): • • ADVANTAGES IF APPROVED: Council Research Cent; it DDEC 19 1995 • DISADVANTAGES IF APPROVED: • • • DISADVANTAGES IF NOT APPROVED: • TOTAL AMOUNT OF TRANSACTION $ COST /REVENUE BUDGETED (CIRCLE ONE) YES NO • FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) • NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET I STRUCTIONAL MANUAL AVAILABLE -IN THE PURCHASING OFFICE (PHONE NO. 296422+5). ,..' . ROUTING ORDER: Below are correct routings for the five most frequent types of documents: CONTRACTS (assumes authorized budget exists) - COUNCIL RESOLUTION (Amend Budgets/Accept. Grants) 1. Outside Agency 1. Department Director 2. Department Director 2. Budget Director 3. City Attorney 3. City Attorney 4. Mayor (for contracts over $15.000) 4. Mayor/Assistant 5. Human Rights (for contracts over $50,000) 5. City Council 6. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services T. Finance Accounting ADMINISTRATIVE ORDERS (Budget Revision) COUNCIL RESOLUTION (ail others. and Ordinances) 1. Activity Manager 1. Department Director 2. Department Accountant 2. City Attorney 3. Department Director 3. Mayor Assistant 4. Budget Director. 4. City Council 5. City Clerk 6. Chief Accountant, Finance and Management Services ADMINISTRATIVE ORDERS (all others) 1. Department Director 2. City Attorney 3. Finance and Management Services Director 4. City Clerk TOTAL NUMBER OF SIGNATURE PAGES Indicate the #of pages on which signatures are required and paperclip or flag each of these pages. ACTION REQUESTED Describe what the project/request seeks to accomplish in either chronologi- cal order or order of importance, whichever is most appropriate for the issue . Do not write complete sentences. Begin each item in your list with a verb. RECOMMENDATIONS Complete if the issue in question has been presented before any body, public or private. SUPPORTS WHICH COUNCIL OBJECTIVE? Indicate which Council objective(s) your project/request supports by listing the key word(s) (HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT, BUDGET, SEWER SEPARATION). (SEE COMPLETE UST IN INSTRUCTIONAL MANUAL) PERSONAL SERVICE CONTRACTS: This information will be used to determine the cltyls liability for workers compensation claims, taxes and proper civil service hiring rules. INITIATING PROBLEM, ISSUE, OPPORTUNITY Explain the situation or conditions that created a need for your project or request. ADVANTAGES IF APPROVED Indicate whether this is simply an annual budget procedure required by law/ charter or whether there are specific ways in which the City of Saint Paul and its citizens will benefit from this project/action. DISADVANTAGES IF APPROVED What negative effects or major changes to existing or past processes might this project/request produce If it is passed (e.g., traffic delays, noise, tax increases or assessments)? lb Whom? When? For how long? DISADVANTAGES IF NOT APPROVED What will be the negative consequences if the promised action is not approved? Inability to deliver service? Continued high traffic, noise, accident rate? Loss of revenue? FINANCIAL IMPACT Although you must tailor the information you provide here to the issue you are, addressing, in general you must answer two questions: How much is it going to cost? Who is going to pay? 95-- Is la_ 39 From: TroyGilbertson (GILBERTS) To: COUNCIL:NANCYA Date: Wednesday, December 6, 1995 3:03 pm SubjectLetter from LIEP To: Nancy Anderson Fr: Troy Gilbertson Re: Council Review of ALJ recommendation regarding Capitol City Check Cashing Please include on the December 13, 1995 Council agenda a hearing to review the Administrative Law Judge recomm regarding the currency exchange license renewal application for the premises located at 477 Rice Street in Saint Pau This renewal application was uncontested at the ALJ hearing. ''`r STATE OF MINNESOTA gS Nf OFFICE OF ADMINISTRATIVE HEARINGS wk 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401 -2138 November 15, 1995 Nancy Anderson Janet Reiter Council Secretary Assistant St. Paul City Attorney 310 City Hall 400 City Hall St. Paul MN 55102 15 West Kellogg Boulevard St. Paul MN 55102 RE: In the Matter of the Currency Exchange License Application of Capitol City Check Cashing, 477 Rice Street, Saint Paul, MN 55103; OAH Docket No. 8- 2101- 10123 -3 Dear Ms. Anderson: 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. Enclosed with Ms. Anderson's copy of this letter is the official record, with the exception of the tape recording of the hearing. If you would like a copy of the tape, please contact our office in writing or telephone 341 -7642. Our file in this matter is now being closed. Yours very truly, 4 . G... N L. LUNDE Administrative Law Judge Telephone: 612/341 -7645 JLL:mki Encs. cc: Terrence J. Magill Jeffrey Bearth Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341 -7600 • TDD No. (612) 341 -7346 • Fax No. (612) 349 -2665 qS _ IS )D STATE OF MINNESOTA) ss COUNTY OF HENNEPIN) AFFIDAVIT OF SERVICE BY U.S. MAIL Margaret K. Isleman, being first duly sworn, hereby deposes and says that on the 15th day of November, 1995, at the City of Minneapolis, county and state aforementioned, she served the attached FINDINGS OF FACT. CONCLUSIONS OF LAW AND RECOMMENDATION: OAH Docket No. 8- 2101 - 10123 -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. Nancy Anderson Janet Reiter Council Secretary Assistant City Attrorney 310 City Hall City of St. Paul St. Paul MN 55102 400 City Hall 15 West Kellogg Boulevard St. Paul MN 55102 Capitol City Check Cashing Terrence J. Magill Jeffrey Bearth 477 Rice Street St. Paul MN 55103 . 0 .4... K . dmik 1 1 ,1_, 1&. .,...& Mar• et K. Isleman Subscribed and sworn to before me this 15th day of November, 1995 t_ a o FPS—_ Notary Public • ^ r! ON REGAN , ARY PUBLIC - MINNESOTA CNNEPIN COUNTY My Com Ex pires,lan. 31.2000 8- 2101- 10123 -3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF SAINT PAUL, MINNESOTA In the Matter of the Currency Exchange FINDINGS OF FACT License Application of Capitol City Check CONCLUSIONS OF LAW Cashing, 477 Rice Street, Saint Paul, MN AND RECOMMENDATION 55103. The above - entitled matter came on for hearing before Administrative Law Judge Jon L. Lunde commencing at 9:30 a.m. on November 13, 1995 at the Ramsey County Courthouse in St. Paul, Minnesota. The record closed at the conclusion of the scheduled hearing. Janet Reiter, Assistant City Attorney, City of St. Paul, Civil Division, 400 City Hall, 15 West Kellogg Boulevard, St. Paul, MN 55102, appeared on behalf of the City of St. Paul (City). Accompanying her was Troy Gilbertson, a license enforcement auditor for the City's Office of License, Inspections and Environmental Protection (LIEP). Terrence J. Magill and Jeffrey Bearth, 477 Rice Street, St. Paul, MN 55103, appeared on behalf of Capitol City Check Cashing (Applicant). This Report is a recommendation mi a final decision. The St. Paul City Council will make a final decision after reviewing the record and may accept, reject, or modify the Findings, Conclusions and Recommendations contained herein. Pursuant to Section 310.05 (c -1) of the St. Paul Legislative Code, the City Council shall, after receiving this Report, provide an opportunity to any person adversely affected to present oral or written arguments to the Council. The parties should contact Nancy Anderson, Council Secretary, 310 City Hall, St. Paul, MN 55102, to ascertain the procedure for filing exceptions or presenting argument. STATEMENT OF ISSUE The issue in this case is whether any grounds exist for denying the Applicant's application for renewal of its currency exchange license under Minn. Stat. § 53A.04 (a) (1994). Based upon all of the proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. The Applicant is currently licensed to operate a currency exchange at 477 Rice Street in St. Paul, Minnesota. 6- 5 - L 5) 2. On October 4, 1995 after the Applicant had submitted an application for license renewal to the Commissioner of Commerce, the City was notified of the renewal application. 3. On October 24, 1995 Terrence J. Magill and Jeffrey Bearth, who jointly own Capitol City Check Cashing (Capitol City), were mailed written notice of a hearing on Capitol City's application to continue operating a currency exchange. Ex. 2. Notice was mailed to them by United States mail as appears from the affidavit of service on file herein. Ex. 2. 4. On October 24, 1995 written notice of the application and of a public hearing to be held November 13, 1995 were sent to interested persons. Ex. 4. 5. On October 26, 1995 written notice of the November 13, 1995 public hearing was published in the St. Paul Legal Ledger. Ex. 5. 6. At the hearing on November 13, 1995 neither the City nor any interested persons objected to the Applicant's license application. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The St. Paul City Council and the Administrative Law Judge have authority to consider the issues raised by the City's notice of public hearing under Minn. Stat. §§ 14.55 and 53.04 (a) (1994) and § 310.05 of the St. Paul Legislative Code. 2. The City gave proper and timely notice of the hearing to the license Applicant and interested persons in full compliance with the requirements of Minn. Stat. § 53A.04 (a) (1994). 3. The City has complied with all relevant, substantive and procedural requirements of statute and ordinance. 4. Minn. Stat. § 53A.04 regulates the approval or denial of applications for currency exchange licenses. 5. The Applicant has complied fully with all relevant licensing requirements and no grounds for license denial were shown to exist. 6. No members of the public opposed the Applicant's application for licensure or showed that licensure should be denied under the criteria in § 381.03 (b) of the St. Paul Legislative Code. 7. Under § 381.02 (c) of the St. Paul Legislative Code, the Applicant must reimburse the City for the costs incurred in conducting this proceeding. 2 95 -- \ 5 Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS HEREBY RECOMMENDED: That the St. Paul City Council approve the Applicant's currency exchange license and bill the Applicant for the costs of conducting this proceeding. Dated this 15th day of November, 1995 e JO L. LUNDE Administrative Law Judge Reported: Taped, 1 Tape NOTICE It is requested that the City's final decision be served upon the Applicant and the Administrative Law Judge by first class mail. JLL 3 13 Jv CITY OF SAINT PAUL C IS ISI Norm Coleman, Mayor ADMINISTRATIVE LAW HEARING IN THE MATTER OF THE LICENSE APPLICATION OF CAPITOL CITY CHECK CASHING AT 477 RICE STREET SAINT PAUL, MINNESOTA 55103 CITY'S EXHIBITS Notices: 1. Notice of Hearing letter to license applicants. Attachments include: Notice of Public Hearing Chapter 381, Legislative Code 2. Affidavit of service by mail for license applicants letter. 3. Notice of hearing letter to interested persons. 4. Affidavit of service by mail for postcard to interested persons. 5. Affidavit of publication, Thursday, October 26, 1995. Statute: 6. Minn. Stat. ch. 53A (6pp.). OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Robert Kessler, Director S i SAINT CITY OF SAINT PAUL LOWRY PROFESSIONAL Telephone: 612- 266 -9090 PAU L Norm Coleman, Mayor BUILDING Facsimile: 612-266-9099 Suite 300 612-266-9124 350 St. Peter Street AAAA Saint Paul, Minnesota 55102 -1510 October 24, 1995 Terrence J. Magill 5072 Isle Avenue N Lake Elmo, MN 55042 Re: Currency Exchange License Application Dear Mr. Magill: The City of Saint Paul Office of License, Inspections and Environmental Protection has received notification from the Minnesota Department of commerce of your currency exchange license application for Capitol City Check Cashing at 477 Rice Street. Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the local governing body after published notice and hearing. The hearing will be conducted by an administrative law judge on behalf of the Council of the City of Saint Paul. The hearing will be held Monday, November 13, 1995 at 9:30 a.m. in the Ramsey County Courthouse, room 41, 15 West Kellog Boulevard, Saint Paul, Minnesota. Your attendance at this hearing is extremely important, especially if any adverse testimony is presented to which you wish to respond. The Saint Paul Legislative Code Section 381.02(c) directs the license applicant to pay a fee to the City covering the costs of administering and processing the currency exchange application. The fee for this application is $155.00 and must be paid within (15) days of the receipt of this letter. The Code further requires the applicant to reimburse the City for its costs in conducting the hearing(s) prescribed by State Law. You may be billed for those costs after the hearing(s). �;L t s = -15 / 9-- For your convenience, a copy of the notice of hearing as well as the City Ordinance Section 381 has been enclosed. If you have any questions, please contact Christine Rozek at 266 -9108. Sincerely, Troy Gilbertson, License Enforcement Auditor Enclosure c: Philip Byrne, Assistant City Attorney OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Robert Kessler, Director S \S SAINT CITY OF SAINT PAUL LICENSE AND Telephone: 612- 266 -9100 PAUL Norm Coleman, Mayor 1SPEC7TONS Facsimile: 612-266-9124 350 St. Peter Street Suite 300 AAAA Saint Paul, Minnesota 55102 NOTICE OF PUBLIC HEARING Currency Exchange License Application of Capitol City Check Cashing at 477 Rice Street Office of Administrative Hearings on the behalf of the COUNCIL OF THE CITY OF SAINT PAUL PLEASE TAKE NOTICE that testimony will be taken from interested persons, including those in the community with respect to the application of Capitol City Check Cashing to operate a currency exchange by license issued under Minn. Stat. §53A.02. Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the governing body, after published notice and hearing, within 60 days after receipt of the application. The hearing will be conducted by an administrative law judge from the Minnesota Office of Administrative Hearings, on behalf of the Council of the City of Saint Paul. His or her report, and recommendation for action, will be forwarded to the Council for its action. Date of Public Hearing: Monday, November 13, 1995 Time: 9:30 a.m. Location of Public Hearing: Ramsey County Courthouse Room 41, Lower Level 15 West Kellog Boulevard St. Paul, Minnesota 55102 If you have any questions, please call Christine Rozek, Office of License, Inspections and Environmental Protection at 266 -9108. Chapter 381. Currency Exchanges Sec. 381.01. State license required; definition. No person shall engage in the business of a currency exchange in Saint Paul without a license as provided by Minnesota Statutes Chapter 53A. (C.F. No. 94 -46, S 2, 2 -2 -94) Sec. 381.02. Procedures; hearing; fee. (a) Procedures. Upon receipt of a completed application from the commissioner of commerce for either a new license or the renewal of an existing license, the matter shall be referred to the office of license, inspections and environmental protection for initiation of a hearing as required by state law within the period allowed for the response of the governing body. The hearing shall be for the purpose of taking testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located, as required by law, and upon grounds or issues as to which notice has been given in accordance with the requirements of sections 310.05 and 310.06 of the Legislative Code. The said office shall publish and give notice as required by law. (b) Hearing. The hearing shall be held before an independent hearing examiner in conformity with the provisions of sections 310.05 and 310.06 of the Legislative Code, and the rules of the office of administrative hearings, to the extent such rules are not in conflict with sections 310.05 and 310.06. (c) Fee; costs. The applicant shall pay, within fifteen (15) days following receipt of the application by the city, a fee covering the costs of administering and processing the application in an amount to be established in conformity with the procedures in section 310.09(b) of the Legislative Code. The applicant shall also reimburse the city, within fifteen (15) days following action by the city council on the application, for its costs in conducting the hearing or hearings prescribed by state law, including publication costs and the cost of the administrative proceedings and hearing before an independent hearing examiner. (C.F. No. 94 -46, § 3, 2 -2 -94) Sec. 381.03. Grounds for disapproval, etc. (a) Disapproval. The council may by resolution disapprove an application and, if so, shall state therein its reasons for so doing. It may adopt in whole or in part the findings of fact and conclusions of law of the independent hearing examiner and may amend the same to conform to its decision on the record and the s ∎ 510 - testimony. Notice of the disapproval may be communicated to the commissioner of commerce before the effective date of any such resolution where necessary to avoid a presumption of concurrence. (b) Grounds for disapproval. Disapproval of an application may be based on one (1) or more of the following grounds, in addition to any other ground allowed by law: (1) Violation of any provision of the state currency exchange law contained in Chapter 53A. (2) Any one (1) or more of the reasons, conditions, or standards for adverse action under section 310.06 of the Legislative Code. (3) Failure of the applicant to pay the city fee and costs prescribed above. (4) (i) The location of a new currency exchange as proposed would cause significant adverse consequences or impacts upon the neighborhoods within three hundred (300) feet of the exchange. Such anticipated effect must be shown by clear and convincing evidence. (ii) The existing currency exchange has caused significant adverse consequences or impacts upon the neighborhoods within three hundred (300) feet of the exchange. (5) Failure of the applicant to agree to reasonable conditions upon the operation of the business in accordance with the procedures in section 310.05 and the grounds of 310.06. Such conditions could include, but are not limited to, hours of operation, off - street parking requirements, bonding in an amount greater than that required by state law, and annual audits at the licensee's expense. (6) The applicant is not of good moral character and repute and /or is unfit to operate such a business. (7) The applicant is not at least eighteen (18) years of age. (8) The applicant is not the real party in interest in the application. (9) The location of the business for which a new currency exchange license is sought is within one -half mile of an existing currency exchange licensed by the state. (10)) The applicant or its proposed business location does not comply with applicable zoning, building, fire and health codes. (c) Persons and corporations. If an applicant is a partnership, thi application may be denied if there is a basis for denial as to any partner. If the applicant is a corporation, the application may be denied if there is a basis for denial as to any (i) shareholder holding more than five (5) percent of the outstanding or issued stock of the corporation, or (ii) officer or director of the corporation, or (iii) employee of the enterprise having policy or management control over the enterprise. (C.F. No. 94 -46, S 4, 2 -2 -94) Sec. 381.04. Definitions. The following words and /or phrases shall have the following meaning when used in this chapter and in Chapter 310 of the Legislative Code. (a) Applicant. The term "applicant" includes persons, partnerships, firms and corporations and all other forms of business ventures. It also includes employees who exercise management or policy control over the enterprise, general and limited partners, shareholders of more than five (5) percent of the outstanding or issued shares of a corporation, and corporate managers, officers and directors. (b) Application. The term "application" includes applications for both new and renewal licenses. (c) License. The term "license" refers to the state currency exchange license provided for in Minnesota Statutes Section 53A.02. (d) Currency exchange. The term "currency exchange" is defined in Minnesota Statutes Section 53A.01, subdivision 1. Currency exchange means any person, except a bank, trust company, savings bank, savings and loan association, credit union, or industrial loan and thrift company, engaged in the business of cashing checks, drafts, money orders or travelers' checks for a fee. Currency exchange does not include a person who provides these services incidental to the person's primary business if the charge for cashing a check or draft does not exceed one dollar ($1.00) or one (1) percent of the value of the check or draft, whichever is greater. (C.F. No. 94 -46, S 5, 2 -2 -94) OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Robert Kessler, Director c 5 - SAINT CITY OF SAINT PAUL LOWRY PROFESSIONAL Telephone: 612- 266 -9090 PAU L 01* Norm Coleman, Mayor BUILDING Facsimile: 612-266-9099 Suite 300 612-266-9124 350 St. Peter Street AAA* Saint Paul, Minnesota SS102 -1510 rom October 24, 1995 Jeffrey Bearth 380 Grafton Avenue N Oakdale, MN 55128 Re: Currency Exchange License Application Dear Mr. Bearth: The City of Saint Paul Office of License, Inspections and Environmental Protection has received notification from the Minnesota Department of commerce of your currency exchange license application for Capitol City Check Cashing at 477 Rice Street. Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the local governing body after published notice and hearing. The hearing will be conducted by an administrative law judge on behalf of the Council of the City of Saint Paul. The hearing will be held Monday, November 13, 1995 at 9:30 a.m. in the Ramsey County Courthouse, room 41, 15 West Kellog Boulevard, Saint Paul, Minnesota. Your attendance at this hearing is extremely important, especially if any adverse testimony is presented to which you wish to respond. The Saint Paul Legislative Code Section 381.02(c) directs the license applicant to pay a fee to the City covering the costs of administering and processing the currency exchange application. The fee for this application is $155.00 and must be paid within (15) days of the receipt of this letter. The Code further requires the applicant to reimburse the City for its costs in conducting the hearing(s) prescribed by State Law. You may be billed for those costs after the hearing(s). �S - \51 For your convenience, a copy of the notice of hearing as well as the City Ordinance Section 381 has been enclosed. If you have any questions, please contact Christine Rozek at 266 -9108. Sincerely, Troy Gilbertson, License Enforcement Auditor Enclosure c: Philip Byrne, Assistant City Attorney STATE OF MINNESOTA ) ) ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY ) Troy Gilbertson, being first duly sworn, deposes and says that on October 24, 1995 he served the attached Notice of Hearing on the following named people by placing a true and correct copy thereof on postcards addressed as follows: cSJ5 Terrence J. Magill - 5072 Isle Avenue N Lake Elmo, MN 55042 Jeffrey Bearth 380 Graton Avenue N Oakdale, MN 55128 which are the last known addresses of said people) and depositing the same, with postage prepaid, in the United States mails at Saint Paul, Minnesota. 4 0Y GILBERTSON Subscribed and sworn to before me this , day of October, 1995. IV A' I nc j ' A Of ar Pub is /---et - e e 1 mm.7,7,„mwommlo, LINDA KAY KORAN i s NOTARY PUBLIC - MINNESOTA � , My Commission Expires Jan. 31.2000 r tt F111 0 Z q s __, 01 '5' SAINT SAINT PAUL CITY COUNCIL CITY OF SAINT PAUL PA Office of License, Inspections 4 License Application and Environmental Protection Public Hearing Notice AAAA it>__ FILE NO.: N/A PURPOSE: Application for Currency Exchange License at 477 Rice Street APPLICANT: Capitol City Check Cashing HEARING DATE: Monday November 13, 1995 at 9:30 a.m. Testimony will be taken from interested persons, including those in the community with respect to the application of Capitol City Check Cashing to operate a currency exchange license issued under Minn. Stat. sec 53A.02. The hearing will be held at the Ramsey County Courthouse, Room 41, lower level, 15 West Kellog Boulevard, St. Paul, MN 55102. Notice mailed October 24, 1995 STATE OF MINNESOTA ) ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY Troy Gilbertson, being first duly sworn, deposes and says that on October 24, 1995 he served the attached Notice of Hearing on the following named people by placing a true and correct copy thereof in on postcards addressed as follows: Rep Andrew J Dawkins Capitol Area Ping Brd Minnesota Legislature Room 204, Admin Bldg 371 State Office Bldg South Sherburne Ave Saint Paul, MN 55155 Saint Paul, MN 55155 Downtown Comm Dev Cncl West 7th St Federation MARY NELSON, CO Betty Moran, CO 445 Minnesota St #524 974 7TH STREET WEST Saint Paul, MN 55101 Saint Paul, MN 55102 Downtown Comm Dev Cncl Lowertown Redev Corp JIM MILLER, CHAIR Executive Director ROLLIN & ASSOC 175 E 5th Street #750 P 0 BOX 1769 Saint Paul, MN 55101 SAINT PAUL MN 55101 CHRIS EMPSON Senator Sandra Pappas 371 GOODRICH AVE Minnesota Legislature ST PAUL MN 55102 State Capitol G -24 Saint Paul, MN 55155 District Planner Allen Lovejoy Downtown Council 1100 City Hall Annex Lois Sinn - Lindquist 55 E 5th St, 101 NW Ctr Saint Paul, MN 55101 which is the last known addresses of said person) and depositing the same, with postage prepaid, in the United States mails at Saint Paul, Minnesota. / 114 ( TROY GILBERTSON Subscribed and sworn to before me LINDA KAY KORAN !r r . NOTARY PUBLIC- MINNESOTA this 30th day of October, 1995. My Commission Expires Jan. 31, 2000 / v • o f y P ub l ic Council File if 915 do ieoZ € Ila j i 2 5 ;�.6 / Green Sheet # 3 RESOLUTION CITY OF SAINT PAUL, MINNESOTA 7 Presented By Referred To Committee: Date RESOLVED, that the currency exchange license application by Terrence J. Magill and Jeffrey Bearth, dba Capitol City Check Cashing for the premises located at 477 Rice Street in Saint Paul, is recommended for approval. Minnesota Statute sec. 53A.04 requires the approval or disapproval of the state application by the local governing body. This resolution and the action taken above are based upon the proceeding before the Administrative Law Judge, the documents and exhibits introduced therein, the testimony offered by and on behalf of the licensee during the Council hearing on December 13, 1995 and the deliberation of the Council in open session. i Council adopts the findings of fact and conclusions of law of the Administrative Law J ige contained in this Report. The Report of the ALJ is incorporated in and made part ' this resolution. A copy of this resolution, as adopted, shall be sent by irst class mail to the Administrative Law judge and to the licenseholder. In dition, a copy of this resolution as adopted shall be delivered by the Office License, Inspection and Environmental Protection to the Minnesota Commissioner , Commerce. • Yeah Nays Absent Requested y Department of: Blakey ✓ Grimm � Office f License, Inspections and Guerin � — $ f Protection Harris v Megard ✓ Rettman ✓ / // //JJ Thune ✓ /,JJ ". — D O By , `( 1X Adopted by il: late / Adopt'•n Certified • - cretary Form Appr� id by City Attorney B : r r r � -f‘ qty By • A `s' Approved by .a •r: Date Mr Approved k Mayor for Submission to J Council By: /: / ._ ✓L << f By: ■". LIEP NT/OFF1CFJCOUNCIL DATE INITIATED SH ET N C 3 5 2 1 6 12/18/95 • CM DEPARTMENT ' ® CITY COUNCIL INITWDATE -- Troy Gilbertson 6/9101 cm ATTORNEY 0 CITY CLERK MUST BE ON COUNCIL AGENDA BY (DATE) ❑ BUDGET DIRECTOR ED FIN. & MGT. SERVICES DIR. ASAP 0 MAYOR (OR ASSISTANT) • D TOTAL # OF SIGNATURE ROES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: • Approval of license renewal application of Terrence J. Magill and Jeffrey Bearth dba Capitol City Check Cashing located at 477 Rice Street in Saint Paul. RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: PLANNING COMMISSION ^ CIVA SERVICE cowas&ON 1. Has this person/firm ever worked under a contract for this department? - - CM COMMITTEE YES NO - STAFF 2. Has this person/firm ever been a city empbyee? YES NO — DISTRICT COURT 3. Does this person/firm possess a dill not normally possessed by any current olty employes ? 3 SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO Explain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM. ISSUE, OPPORTUNITY (Who. What. When, Where. Why): ADVANTAGES IF APPROVED: Council Research Cen;- R�C , DEG 19 1995 • tP DISADVANTAGES IF APPROVED: • DISADVANTAGES IF NOT APPROVED: • TOTAL AMOUNT OF TRANSACTION $ COST /REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET ItSTRUCTIONAL MANUAL AVAILABLE IN THE PURCHASING OFFICE (PHONE NO 290-42215).,:- • ROUTING ORDER: • Below are correct routings for the five most frequent types of documents: CONTRACTS (assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept. Grants) 1. Outside Agency 1. Department Director 2. Department Director 2. Budget Director 3. City Attorney 3. City Attorney 4. Mayor (for contracts over $15.000) 4. Mayor/Assistant 5. Human Rights (for contracts over $50,000) 5. City Council 6. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services 7. Finance Accounting ADMINISTRATIVE ORDERS (Budget Revision) COUNCIL RESOLUTION (all others, and Ordinances) 1. Activity Manager 1. Department Director 2. Department Accountant 2. City Attorney 3. Department Director 3. Mayor Assistant 4. Budget Director. 4. City Council 5. City Clerk 6. Chief Accountant, Finance and Management Services ADMINISTRATIVE ORDERS (all others) 1. Department Director 2. City Attorney 3. Finance and Management Services Director 4. City Clerk TOTAL NUMBER OF SIGNATURE PAGES Indicate the # of pages on which signatures are required and paperclip or flag each of these pages. ACTION REQUESTED Describe what the project/request seeks to accomplish in either chronologi- cal order or order of importance, whichever is most appropriate for the issue. Do not write complete sentences. Begin each item in your list with a verb. RECOMMENDATIONS Complete if the issue In question has been presented before any body, public or private. SUPPORTS WHICH COUNCIL OBJECTIVE? Indicate which Council objective(s) your project/request supports by listing the key word(s) (HOUSING. RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT, BUDGET, SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL) PERSONAL SERVICE CONTRACTS: This information will be used to determine the chyle liability for workers compensation claims, taxes and proper clvII service hiring rules. INITIATING PROBLEM, ISSUE, OPPORTUNITY Explain the situation or conditions that created a need for your project or request. ADVANTAGES IF APPROVED Indicate whether this is simply an annual budget procedure required by law/ charter or whether there are specific ways in which the City of Saint Paul and its citizens will benefit from this project/action. DISADVANTAGES IF APPROVED What negative effects or major changes to existing or past processes might this project/request produce if It is passed (e.g., traffic delays, noise, tax increases or assessments)? To Whom? When? For how long? DISADVANTAGES IF NOT APPROVED What will be the negative consequences if the promised action is not approved? Inability to deliver service? Continued high traffic, noise, accident rate? Loss of revenue? FINANCIAL IMPACT Although you must tailor the information you provide here to the issue you are addressing, in general you mast answer two questions: How much is it going to cost? Who is going to pay? 9s -- Is 1D___ 39 From: TroyGilbertson (GILBERTS) To: COUNCIL:NANCYA Date: Wednesday, December 6, 1995 3:03 pm SUbjeCtLetter from LIEP To: Nancy Anderson Fr: Troy Gilbertson Re: Council Review of ALJ recommendation regarding Capitol City Check Cashing Please include on the December 13, 1995 Council agenda a hearing to review the Administrative Law Judge recomm regarding the currency exchange license renewal application for the premises located at 477 Rice Street in Saint Pau This renewal application was uncontested at the ALJ hearing. ''''`'' STATE OF MINNESOTA s OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South ' ' Minneapolis, Minnesota 55401 -2138 November 15, 1995 Nancy Anderson Janet Reiter Council Secretary Assistant St. Paul City Attorney 310 City Hall 400 City Hall St. Paul MN 55102 15 West Kellogg Boulevard St. Paul MN 55102 RE: In the Matter of the Currency Exchange License Application of Capitol City Check Cashing, 477 Rice Street, Saint Paul, MN 55103; OAH Docket No. 8- 2101 - 10123 -3 Dear Ms. Anderson: 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. Enclosed with Ms. Anderson's copy of this letter is the official record, with the exception of the tape recording of the hearing. If you would like a copy of the tape, please contact our office in writing or telephone 341 -7642. Our file in this matter is now being closed. Yours very truly, • N L. LUNDE Administrative Law Judge Telephone: 612/341 -7645 JLL:mki Encs. cc: Terrence J. Magill Jeffrey Bearth Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341 -7600 • TDD No. (612) 341 -7346 • Fax No. (612) 349 -2665 STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) AFFIDAVIT OF SERVICE BY U.S. MAIL Margaret K. Isleman, being first duly sworn, hereby deposes and says that on the 15th day of November, 1995, at the City of Minneapolis, county and state aforementioned, she served the attached FINDINGS OF FACT. CONCLUSIONS OF LAW AND RECOMMENDATION: OAH Docket No. 8- 2101 - 10123 -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. Nancy Anderson Janet Reiter Council Secretary Assistant City Attrorney 310 City Hall City of St. Paul St. Paul MN 55102 400 City Hall 15 West Kellogg Boulevard St. Paul MN 55102 Capitol City Check Cashing Terrence J. Magill Jeffrey Bearth 477 Rice Street St. Paul MN 55103 Mara et K. Isleman Subscribed and sworn to before me this 15th day of November, 1995 t Notary Public • 1 __ ON B EGAN 6 RY PUBLIC - MINNE ENNEPIN COUNT My Comm E xpires Jan. 31, 2000 (s Pa- 8- 2101- 10123 -3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF SAINT PAUL, MINNESOTA In the Matter of the Currency Exchange FINDINGS OF FACT License Application of Capitol City Check CONCLUSIONS OF LAW Cashing, 477 Rice Street, Saint Paul, MN AND RECOMMENDATION 55103. The above - entitled matter came on for hearing before Administrative Law Judge Jon L. Lunde commencing at 9:30 a.m. on November 13, 1995 at the Ramsey County Courthouse in St. Paul, Minnesota. The record closed at the conclusion of the scheduled hearing. Janet Reiter, Assistant City Attorney, City of St. Paul, Civil Division, 400 City Hall, 15 West Kellogg Boulevard, St. Paul, MN 55102, appeared on behalf of the City of St. Paul (City). Accompanying her was Troy Gilbertson, a license enforcement auditor for the City's Office of License, Inspections and Environmental Protection (LIEP). Terrence J. Magill and Jeffrey Bearth, 477 Rice Street, St. Paul, MN 55103, appeared on behalf of Capitol City Check Cashing (Applicant). This Report is a recommendation not a final decision. The St. Paul City Council will make a final decision after reviewing the record and may accept, reject, or modify the Findings, Conclusions and Recommendations contained herein. Pursuant to Section 310.05 (c -1) of the St. Paul Legislative Code, the City Council shall, after receiving this Report, provide an opportunity to any person adversely affected to present oral or written arguments to the Council. The parties should contact Nancy Anderson, Council Secretary, 310 City Hall, St. Paul, MN 55102, to ascertain the procedure for filing exceptions or presenting argument. STATEMENT OF ISSUE The issue in this case is whether any grounds exist for denying the Applicant's application for renewal of its currency exchange license under Minn. Stat. § 53A.04 (a) (1994). Based upon all of the proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. The Applicant is currently licensed to operate a currency exchange at 477 Rice Street in St. Paul, Minnesota. S -is) 2. On October 4, 1995 after the Applicant had submitted an application for license renewal to the Commissioner of Commerce, the City was notified of the renewal application. 3. On October 24, 1995 Terrence J. Magill and Jeffrey Bearth, who jointly own Capitol City Check Cashing (Capitol City), were mailed written notice of a hearing on Capitol City's application to continue operating a currency exchange. Ex. 2. Notice was mailed to them by United States mail as appears from the affidavit of service on file herein. Ex. 2. 4. On October 24, 1995 written notice of the application and of a public hearing to be held November 13, 1995 were sent to interested persons. Ex. 4. 5. On October 26, 1995 written notice of the November 13, 1995 public hearing was published in the St. Paul Legal Ledger. Ex. 5. 6. At the hearing on November 13, 1995 neither the City nor any interested persons objected to the Applicant's license application. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The St. Paul City Council and the Administrative Law Judge have authority to consider the issues raised by the City's notice of public hearing under Minn. Stat. §§ 14.55 and 53.04 (a) (1994) and § 310.05 of the St. Paul Legislative Code. 2. The City gave proper and timely notice of the hearing to the license Applicant and interested persons in full compliance with the requirements of Minn. Stat. § 53A.04 (a) (1994). 3. The City has complied with all relevant, substantive and procedural requirements of statute and ordinance. 4. Minn. Stat. § 53A.04 regulates the approval or denial of applications for currency exchange licenses. 5. The Applicant has complied fully with all relevant licensing requirements and no grounds for license denial were shown to exist. 6. No members of the public opposed the Applicant's application for licensure or showed that licensure should be denied under the criteria in § 381.03 (b) of the St. Paul Legislative Code. 7. Under § 381.02 (c) of the St. Paul Legislative Code, the Applicant must reimburse the City for the costs incurred in conducting this proceeding. 2 c IS -1S Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS HEREBY RECOMMENDED: That the St. Paul City Council approve the Applicant's currency exchange license and bill the Applicant for the costs of conducting this proceeding. Dated this 15th day of November, 1995 e -- JO L. LUNDE Administrative Law Judge Reported: Taped, 1 Tape NOTICE It is requested that the City's final decision be served upon the Applicant and the Administrative Law Judge by first class mail. JLL 3 CITY OF SAINT PAUL C IS ISI Norm Coleman, Mayor ADMINISTRATIVE LAW HEARING IN THE MATTER OF THE LICENSE APPLICATION OF CAPITOL CITY CHECK CASHING AT 477 RICE STREET SAINT PAUL, MINNESOTA 55103 CITY'S EXHIBITS Notices: 1. Notice of Hearing letter to license applicants. Attachments include: Notice of Public Hearing Chapter 381, Legislative Code 2. Affidavit of service by mail for license applicants letter. 3. Notice of hearing letter to interested persons. 4. Affidavit of service by mail for postcard to interested persons. 5. Affidavit of publication, Thursday, October 26, 1995. Statute: 6. Minn. Stat. ch. 53A (6pp.). OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Robert Kessler, Director CTS-15 1 SAINT CITY OF SAINT PAUL LOWRY PROFESSIONAL Telephone: 612- 266 -9090 PAU I. Norm Coleman, Mayor BUILDING Facsimile: 612-266-9099 Suite 300 612-266-9124 350 St. Peter Street AMR Saint Paul, Minnesota 55102 -1510 October 24, 1995 Terrence J. Magill 5072 Isle Avenue N Lake Elmo, MN 55042 Re: Currency Exchange License Application Dear Mr. Magill: The City of Saint Paul Office of License, Inspections and Environmental Protection has received notification from the Minnesota Department of commerce of your currency exchange license application for Capitol City Check Cashing at 477 Rice Street. Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the local governing body after published notice and hearing. The hearing will be conducted by an administrative law judge on behalf of the Council of the City of Saint Paul. The hearing will be held Monday, November 13, 1995 at 9:30 a.m. in the Ramsey County Courthouse, room 41, 15 West Kellog Boulevard, Saint Paul, Minnesota. Your attendance at this hearing is extremely important, especially if any adverse testimony is presented to which you wish to respond. The Saint Paul Legislative Code Section 381.02(c) directs the license applicant to pay a fee to the City covering the costs of administering and processing the currency exchange application. The fee for this application is $155.00 and must be paid within (15) days of the receipt of this letter. The Code further requires the applicant to reimburse the City for its costs in conducting the hearing(s) prescribed by State Law. You may be billed for those costs after the hearing(s). For your convenience, a copy of the notice of hearing as well as the City Ordinance Section 381 has been enclosed. If you have any questions, please contact Christine Rozek at 266 -9108. Sincerely, Troy Gilbertson, License Enforcement Auditor Enclosure c: Philip Byrne, Assistant City Attorney OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Robert Kessler, Director /� S , 1 1 SAINT CITY OF SAINT PAUL LICENSE AND Telephone: 612 - 266 -9100 PAU L Norm Coleman, Mayor INSPECTIONS Facsimile: 612-266-9124 350 St. Peter Street Suite 300 AAA* Saint Paul, Minnesota 55102 NOTICE OF PUBLIC HEARING Currency Exchange License Application of Capitol City Check Cashing at 477 Rice Street Office of Administrative Hearings on the behalf of the COUNCIL OF THE CITY OF SAINT PAUL PLEASE TAKE NOTICE that testimony will be taken from interested persons, including those in the community with respect to the application of Capitol City Check Cashing to operate a currency exchange by license issued under Minn. Stat. §53A.02. Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the governing body, after published notice and hearing, within 60 days after receipt of the application. The hearing will be conducted by an administrative law judge from the Minnesota Office of Administrative Hearings, on behalf of the Council of the City of Saint Paul. His or her report, and recommendation for action, will be forwarded to the Council for its action. Date of Public Hearing: Monday, November 13, 1995 Time: 9:30 a.m. Location of Public Hearing: Ramsey County Courthouse Room 41, Lower Level 15 West Kellog Boulevard St. Paul, Minnesota 55102 If you have any questions, please call Christine Rozek, Office of License, Inspections and Environmental Protection at 266 -9108. gs_15 Chapter 381. Currency Exchanges Sec. 381.01. State license required; definition. No person shall engage in the business of a currency exchange in Saint Paul without a license as provided by Minnesota Statutes Chapter 53A. (C.F. No. 94 -46, § 2, 2 -2 -94) Sec. 381.02. Procedures; hearing; fee. (a) Procedures. Upon receipt of a completed application from the commissioner of commerce for either a new license or the renewal of an existing license, the matter shall be referred to the office of license, inspections and environmental protection for initiation of a hearing as required by state law within the period allowed for the response of the governing body. The hearing shall be for the purpose of taking testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located, as required by law, and upon grounds or issues as to which notice has been given in accordance with the requirements of sections 310.05 and 310.06 of the Legislative Code. The said office shall publish and give notice as required by law. (b) Hearing. The hearing shall be held before an independent hearing examiner in conformity with the provisions of sections 310.05 and 310.06 of the Legislative Code, and the rules of the office of administrative hearings, to the extent such rules are not in conflict with sections 310.05 and 310.06. (c) Fee; costs. The applicant shall pay, within fifteen (15) days following receipt of the application by the city, a fee covering the costs of administering and processing the application in an amount to be established in conformity with the procedures in section 310.09(b) of the Legislative Code. The applicant shall also reimburse the city, within fifteen (15) days following action by the city council on the application, for its costs in conducting the hearing or hearings prescribed by state law, including publication costs and the cost of the administrative proceedings and hearing before an independent hearing examiner. (C.F. No. 94 -46, § 3, 2 -2 -94) Sec. 381.03. Grounds for disapproval, etc. (a) Disapproval. The council may by resolution disapprove an application and, if so, shall state therein its reasons for so doing. It may adopt in whole or in part the findings of fact and conclusions of law of the independent hearing examiner and may amend the same to conform to its decision on the record and the CI S - ISI 0— testimony . Notice of the disapproval may be communicated to the commissioner of commerce before the effective date of any such resolution where necessary to avoid a presumption of concurrence. (b) Grounds for disapproval. Disapproval of an application may be based on one (1) or more of the following grounds, in addition to any other ground allowed by law: (1) Violation of any provision of the state currency exchange law contained in Chapter 53A. (2) Any one (1) or more of the reasons, conditions, or standards for adverse action under section 310.06 of the Legislative Code. (3) Failure of the applicant to pay the city fee and costs prescribed above. (4) (i) The location of a new currency exchange as proposed would cause significant adverse consequences or impacts upon the neighborhoods within three hundred (300) feet of the exchange. Such anticipated effect must be shown by clear and convincing evidence. (ii) The existing currency exchange has caused significant adverse consequences or impacts upon the neighborhoods within three hundred (300) feet of the exchange. (5) Failure of the applicant to agree to reasonable conditions upon the operation of the business in accordance with the procedures in section 310.05 and the grounds of 310.06. Such conditions could include, but are not limited to, hours of operation, off - street parking requirements, bonding in an amount greater than that required by state law, and annual audits at the licensee's expense. (6) The applicant is not of good moral character and repute and /or is unfit to operate such a business. (7) The applicant is not at least eighteen (18) years of age. (8) The applicant is not the real party in interest in the application. (9) The location of the business for which a new currency exchange license is sought is within one -half mile of an existing currency exchange licensed by the state. (10)) The applicant or its proposed business location does not comply with applicable zoning, building, fire and health codes. (c) Persons and corporations. If an applicant is a partnership, the application may be denied if there is a basis for denial as to any partner. If the applicant is a corporation, the application may be denied if there is a basis for denial as to any (i) shareholder holding more than five (5) percent of the - outstanding or issued stock of the corporation, or (ii) officer or director of the corporation, or (iii) employee of the enterprise having policy or management control over the enterprise. (C.F. No. 94 -46, § 4, 2 -2 -94) Sec. 381.04. Definitions. The following words and /or phrases shall have the following meaning when used in this chapter and in Chapter 310 of the Legislative Code. (a) Applicant. The term "applicant" includes persons, partnerships, firms and corporations and all other forms of business ventures. It also includes employees who exercise management or policy control over the enterprise, general and limited partners, shareholders of more than five (5) percent of the outstanding or issued shares of a corporation, and corporate managers, officers and directors. (b) Application. The term "application" includes applications for both new and renewal licenses. (c) License. The term "license" refers to the state currency exchange license provided for in Minnesota Statutes Section 53A.02. (d) Currency exchange. The term "currency exchange" is defined in Minnesota Statutes Section 53A.01, subdivision 1. Currency exchange means any person, except a bank, trust company, savings bank, savings and loan association, credit union, or industrial loan and thrift company, engaged in the business of cashing checks, drafts, money orders or travelers' checks for a fee. Currency exchange does not include a person who provides these services incidental to the person's primary business if the charge for cashing a check or draft does not exceed one dollar ($1.00) or one (1) percent of the value of the check or draft, whichever is greater. (C.F. No. 94 -46, § 5, 2 -2 -94) OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Robert Kessler, Director _ SAINT CITY OF SAINT PAUL LOWRY PROFESSIONAL Telephone: 612 - 266 -9090 PAUL Norm Coleman, Mayor BUILDING Facsimile: 612-266-9099 Suite 300 612-266-9124 350 St. Peter Street AAAA Saint Paul, Minnesota 55102 -1510 October 24, 1995 Jeffrey Bearth 380 Grafton Avenue N Oakdale, MN 55128 Re: Currency Exchange License Application Dear Mr. Bearth: The City of Saint Paul Office of License, Inspections and Environmental Protection has received notification from the Minnesota Department of commerce of your currency exchange license application for Capitol City Check Cashing at 477 Rice Street. Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the local governing body after published notice and hearing. The hearing will be conducted by an administrative law judge on behalf of the Council of the City of Saint Paul. The hearing will be held Monday, November 13, 1995 at 9:30 a.m. in the Ramsey County Courthouse, room 41, 15 West Kellog Boulevard, Saint Paul, Minnesota. Your attendance at this hearing is extremely important, especially if any adverse testimony is presented to which you wish to respond. The Saint Paul Legislative Code Section 381.02(c) directs the license applicant to pay a fee to the City covering the costs of administering and processing the currency exchange application. The fee for this application is $155.00 and must be paid within (15) days of the receipt of this letter. The Code further requires the applicant to reimburse the City for its costs in conducting the hearing(s) prescribed by State Law. You may be billed for those costs after the hearing(s). For your convenience, a copy of the notice of hearing as well as the City Ordinance Section 381 has been enclosed. If you have any questions, please contact Christine Rozek at 266 -9108. Sincerely, Troy Gilbertson, License Enforcement Auditor Enclosure c: Philip Byrne, Assistant City Attorney STATE OF MINNESOTA ) ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY ) Troy Gilbertson, being first duly sworn, deposes and says that on October 24, 1995 he served the attached Notice of Hearing on the following named people by placing a true and correct copy thereof on postcards addressed as follows: C S J AS1 Terrence J. Magill t 5072 Isle Avenue N Lake Elmo, MN 55042 Jeffrey Bearth 380 Graton Avenue N Oakdale, MN 55128 which are the last known addresses of said people) and depositing the same, with postage prepaid, in the United States mails at Saint Paul, Minnesota. 4 0Y GILBERTSON Subscribed and sworn to before me this , -th day of Octo•er, 1995. • drAi Inc ' • it a Pu• is l -e / - d 1 NewoommomvoNvmmoo, �� '- LINDA KAY KORAN , i'' - � - NOTARY PUBLIC- UAINNEBOTA t • MY Comm Won Exq►y JAL 31.2000 It MI f:flb0 z q s .\5 SAINT SAINT PAUL CITY COUNCIL CITY OF SAINT PAUL p A t; Office of License, Inspections License Application and Environmental Protection 010101‘ Public Hearing Notice AIM FILE NO.: N/A PURPOSE: Application for Currency Exchange License at 477 Rice Street APPLICANT: Capitol City Check Cashing HEARING DATE: Monday November 13, 1995 at 9:30 a.m. Testimony will be taken from interested persons, including those in the community with respect to the application of Capitol City Check Cashing to operate a currency exchange license issued under Minn. Stat. sec 53A.02. The hearing will be held at the Ramsey County Courthouse, Room 41, lower level, 15 West Kellog Boulevard, St. Paul, MN 55102. Notice mailed October 24, 1995 -1&.0 STATE OF MINNESOTA ) ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY Troy Gilbertson, being first duly sworn, deposes and says that on October 24, 1995 he served the attached Notice of Hearing on the following named people by placing a true and correct copy thereof in on postcards addressed as follows: Rep Andrew J Dawkins Capitol Area Ping Brd Minnesota Legislature Room 204, Admin Bldg 371 State Office Bldg South Sherburne Ave Saint Paul, MN 55155 Saint Paul, MN 55155 Downtown Comm Dev Cncl West 7th St Federation MARY NELSON, CO Betty Moran, CO 445 Minnesota St #524 974 7TH STREET WEST Saint Paul, MN 55101 Saint Paul, MN 55102 Downtown Comm Dev Cncl Lowertown Redev Corp JIM MILLER, CHAIR Executive Director ROLLIN & ASSOC 175 E 5th Street #750 P 0 BOX 1769 Saint Paul, MN 55101 SAINT PAUL MN 55101 CHRIS EMPSON Senator Sandra Pappas 371 GOODRICH AVE Minnesota Legislature ST PAUL MN 55102 State Capitol G -24 Saint Paul, MN 55155 District Planner Allen Lovejoy Downtown Council 1100 City Hall Annex Lois Sinn - Lindquist 55 E 5th St, 101 NW Ctr Saint Paul, MN 55101 which is the last known addresses of said person) and depositing the same, with postage prepaid, in the United States mails at Saint Paul, Minnesota. )1 7 I ROY GILBERTSON a ■ , - Subscribed and sworn to before me LINDA KAY KORAN .l��., this 30th day of October, 1995 . P ' ‘-� „ NOTARY PUBLIC-MINNESOTA Y � My Commission Expires Jan. 31, 2000 Or e I . ‘? -o ot -- Y •u• is f7111r / ort'A :'leg h%) ,383'. 9Yi15�fG •I* •?,nt2Rrd gn,sens1S 10 pa nomsq T9 b,Se,ta i 1 is :sseiv,h .11 r�R�t S —1 i3 AFFIDAVIT OF PUBLICATION State of Minnesota County of Ramsey Samuel E. Lewis, Jr., being duly sworn, on oath says that he is the publisher of the newspaper known as the Saint Paul Legal Ledger and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed notice of public hearing which is attached was cut from the columns of said newspaper and was printed and published once; it was published on Thursday , the 26th day of October , 19 95; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice: abcdefghijklmnopgrstuvwxyz A ctexeuv il zs k a h alia„___ Subscribed and sworn to before me this 26th day of October , 19 95 •µ. • C, M. LEWIS NOTARY PUBLIC - MINNESOTA M` WASHINGTON COUNTY My Comm. Expires Jan. 31.2000 Rate Information (1) Lowest classified rate paid by commercial users for comparable space is $ n/a (2) Maximum rate allowed by law for the above publication is $ 53 .3 6 . (3) Rate actually charged for the above publication is $ 4 6 .4 0 . . :... � -¢.+�- �� t .�.' - Y -' r i - �' - ti `,_„ .. e R.. a 'a - J � . `,- h , � �`+" • i LF - .•" �t - . • - .r-.r• +t e�'- -`•`� *. .�3 . - ,1 c�t L� _ 1 _ a' ~ S'-4":::4•-•.:1,-"--- ..i � - �. s- 1.- : t : t` _ KA) — \ 5 I 2 -4.-•,4 '• d 3 Y 53A.01 Ct;RRENCI' EXCHANGES 12S8 i. Nth P �d ' lf � y -� CHAPTER 534 � _ . 4 ^r CURRENCY EXCHANGES r , .. 534.01 Definitions. r r ss 534.07 Fi,...g of fees; unreasonable fees. ^ ` _ 534.0- License. 53A.08 Bond. v2 r 53A.03 Application for r. :c-se; fees. 534.051 An:al report and investigations: r v r k . = w `x � _ w - 534.04 Approval or t;r.:z of an 53 4.09 Po s; limitations; Prohibitions. 4 . 7 : 4, •' - '5.t' t7 . application. 53 Violations. - s ' - 534.05 Change of name, r =ter. ship, or 534.11 Boot of account; annual report. 1 v. Ac location. 534.12 Rules. -- c.'"""°-..W. 53A.06 Fine, suspension. cr revocation of 53 4.13 Fee notice; false advenisine; license. penalty. r �� 4 ' ....4-' 53A.01 DEFI \TTIO \S. ,~z ' Subdivision 1. Currency exchange. "Currency exchange" means any person, except Y : - a bank, trust con—p v, savings bank, savings and loan association, credit union, or. L- :x �= ` industrial loan and thrift company, engaged in the business of cashing checks, drafts, ��,- . ` `,,� money orders, or t-avelers' checks for a fee. "Currency exchange" does not include a - person who provides these services incidental to the person's primary business if the -- ` = charge for cashing a check or draft does not exceed S I or one percent of the value of J - ---,, -s-t-- Ts a --n. ' the check or draft, • »hichever is greater. ` Subd. 2. Commissioner. "Commissioner" means the commissioner of commerce. Histon: 1989 c 247 s 1 v 1 ' `� '4- - 53.x.02 LICE \SE. - -.. - --7_'-;E;..‘27, ii Subdivision 1. Requirement. person may not engaee in the business ofa currency yj exchange without first obtaining a license from the commissioner. Not more than one r £ ; r place of business may be operated under the same license, but the commissioner may r - issue more than one license to the same licensee upon compliance by the applicant with a all the provisions of this chapter for each new license issued. • -'� ;` ., Subd. 2. Distance limitation. No license may be issued or renewed under this chap- -' t �r ter if the place of business to be operated under the license is located or proposed to ? ` X z " be located within one -half mile of another licensed currency exchange. The distance ..:E limitation imposed by this subdivision is measured by a straight line from the closest � � • points of the closest structures involved. 'y .t ."..+ a . :t, Subd. 3. Prohibition. A licensee may not contract with another person or business � -F �s_ entity to manage the currency exchange business. This subdivision does not prohibit - , the licensee from employing persons to operate a currency exchange facility. History: 1989 c 247 s Z; 1991 c 504 s 2 x t , 534.03 APPLICATION FOR LICE \SE; FEES. CA you D S L pt�G� f} T _ ` ��ti (a) An application for a license must be in writing under oath, and in the form 'x� � _ prescribed and furnished by the commissioner and must contain the following: ' (1) the full name and address (both of residence and place of business) of the appli- ...3 t ' `-at -' ry cant, and if the applicant is a partnership or association, of eve member, and the tie:. y. name and business address if the applicant is a corporation; ; � ".- (2) the county and municipality, with street and number, if any, of all currency r � exchange locations operated by the applicant; and `.� ;. �•: (3) the applicant's occupation or profession, for the ten }ears immediately preced- ,`� , ing the application; present or previous connection with any other currency exchange t ` `- •: ,. in this or any other state; whether the applicant has ever been convicted of any crime; = ,t and the nature of the applicant's occupancy of the premises to be licensed; and if the applicant is a partnership or a corporation, the information specified in this paragraph must be supplied for each partner and each officer and director of the corporation. If c /r • ......,..,„_,-• _ . ... *1.V.' r. . , , _...._.,.. „..c. _ .........Z...:_, • 1.*- -,S .r, 7,g-i y ,__,.. ,„...1--_-•,-,,--,,, ..1s... ,,,-. ,..:, -<:17,•-•-•:- ,-,....45-_,_.4,4z.,......i.s....-.4.;r4.771.,"", .-,'"..,., ' " 1- • •-, ..• -,, ,„.„_'' . -- - ..‘1. --..., --K.\ 4.i,'Z.t.".".--31:,.3;4.-17-_,' .'"`-:=-!-V.."7-,;C:;;E::.."-IiP'.it7.1Z'"--1:4t.,7".1Z-•:::;7.,■4".'>:i:V174-'sji,,"714Z;i";4.17.:11-' . gi."7A•1 4.--;41 ....477::Ztriti-V"..2Y,i....„-"-"‘eS.----_,,..,if...t.,,,K.NA-;',.,..- - . . _ _.....z,".".%_„,-M.,,__"' - -..•'- "__,....;" ik""'"..7.-, • 0.4..,,,_"z-fic.,t'3,...-- -7-'1,.-.,''z,,,v•-k.4.i-4.4"er■:-.:1:- j """ :42 ,': 4. ' .. . ' . " . . 7, 7 1:-.. .: , , , '' -4- 1.7-'''... " ..-- • ''''''''''''""•-•,,." ".-.-.. .,.....` t a , - - c , ";- , .-..,. -,....."----, - 1 SAI^:• ,t_ 1/4 . A r s...s. ._... ,,..1,v,... , c..,..:,4, - -1-i.7„=---A: \ ' L ' :*.t 7lig '6 % . a. - 3 :7 ■7: - . ` r4. -,3; r t ._-.. , ,, _... ... ..........-„...A.E. ....1,-1- I 2 S 9 CURRENCY ENCH.A.NGES 53A.05 1 S 6 • ____.„,,,,,,,,,_„:„...., ..._ ., "_ •_.„.....„.„-_„.....„.,..„. the applicant is a partnership or a nonpublicly held cc: the information speci- fied in this paragraph must be required of each partner and each officer, director, and stockholders owning in excess of ten percent of the ecnporate stock of the corporat r ion. (b) The application shall be accompanied by a nrefundable fee of $250 for the :-.,......„.- -, review of the initial application. Upon approval by :he commissioner, an additional r license fee of S50 must be paid by the applicant as an annual license fee for the remain- k --..- -.- -, der of the calendar year. An annual license fee of S50 is due for each subsequent calen- 11 ::-,--------.1-i',-.15.-t...... F.- dar )ear of operation upon submission of a license 7 e 7. eu al application on or before tt December 1. Fees must be deposited in the state trery and credited to the general `e. fund. Upon pa■ ment of the required annual license tee, the commissioner shall issue i a license for the year beeinning January 1. *6 (c) The commissioner shall require the applicant to submit to a background inves- r.:. 2 -- tieation conducted by the bureau of criminal apprehension as a condition of licensure. -1-1- --- , ------.2-4r As part of the background investigation, the bureau of c: apprehension shall con- 4 duct criminal history checks of Minnesota records and is authorized to exchange finger- ., prints with the Federal Bureau of Investieation fcr the purpose of a criminal background check of the national files. The cost of the investieation must be paid by .: -. _ -, - 4,•,,I. the applicant. : (d) For purposes of this section, "applicant" incl::des an employee who exercises . manaeement or policy control over the company, a director, an °facer, a limited or een- .., - eral partner, a manager, or a shareholder holding more than ten percent of the outstand- .,. __-.• .,--,:, ing stock of the corporation. History: /989 c 247 s 3; 1992 c 504 s 3 - , 1 •-■ , . 0.7. i (a) Within 30 da>s after the receipt of a complete application the commissioner .7.-- i s . • : .... - - . -.` ' `a...'. shall deny the application or submit the application to the governing body of the local unit of government in which the applicant is located or is proposing to be located. The E• - - . - ---. , _ z -, .......!--.:„ - commissioner may not approe the application without the concurrence of the govern- ing body. The governing body shall give published notice of its intention to consider the issue and shall solicit testimony from interested persons, including those in the . comm in v. hich the applicant is located or is proposing to be located. If the go ern k ';' - - 2 - f - _ ing body has not approved or disapproved the issue within 60 das of receipt of the f :'- :- - - application, concurrence is presumed. The commissioner must approve or disapprove r. ;',-; - - -- ----- the application within 30 da)s 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. (b) If the application is denied, the commissioner shall send by mail notice of the .- denial and and the reason for the denial to the applicant at the address contained in the ,: - ,„ _:--- .. application. If an application is denied, the applicant may, within 30 days of receiving the notice of a denial, request a contested case hearing pursuant to chapter 14; provided - --- -,- - _ - . _- i. __,- • ::;....- that if the denial is based upon the refusal of the governing body to concur the govern - .,- --:- - .r --. ing body must afford the applicant a hearine. The applicant shall have no rieht to the , hearing provided for in this section if the denial is based upon the eoverning body's refusal to concur but shall have a hearing before the governing body. t. --_'.- - . (c) This section applies to initial applications and renewal applications. -_--.--.. K. ' . - ' - - - --- - . - • - . .,--..', (d) The state shall have no responsibility for the action of the governing body. History: 1989 c 247 s 4; 1992 c 504 s 4 53A.05 CH.kNGE OF NANIE, OWNERSHIP, OR LOCATION. Subdivision 1. Name or location. If a licensee proposes to change the name or loca- . tion of any or all of its currency exchanges, the licensee shall file an application for approval of the change with the commissioner. The commissioner shall not approve a change of location if the requirements of sections 53A.02, subdivision 2, and 53A.04 have not been satisfied. If the change is approved by the commissioner, the commis- . . • , •- [ .• .... , . . . ._ - - . . • 0.- - . . -;X �+?-. - ' � .� '> , -r._ . r .. ^ , '- s - IK. y -:. r ` .i 1 .t- e r f5.' - _,+-, r '>+..� t . -. > 5^..� Yj . - -S- .� - r`. `-- ie... v . .- 7 z - .: . >� .•- T` ^� uFl Y ; 't S !�: .zlY- Y S _.-�[ .yf , � -.RAY 77 . 'i 3. V �' x�3 '� ^` Y'� Y�' _ tx z---.-- ya*., �'•..w i 1� 4 d'�� g et+-- --^'z L'k. �. i. -.e� .- `!"�4 =. � ._ ". •----,'-----',:t . t. �� wL � _.. ~ �., i° � s•- —.41..r. ...,.. Icr..•—•••",_....,:"-•_ 61, � '1 S \''� ,.., - - _,. _ ;„„ .. %~ 53A.05 CURRENCY E \C - A.\GES 1390 :- 7 -� � ._- Y s" s shall issue an a- :ended license in the licensee's new name or location. A S50 fee ?'--‘1.1-.----1--- ,s`'i' , ;tip must be paid for the amended license. ;". s� ""� ^'°' Subd. 2. Ownership. The licensee shall notify the commissioner 30 business days m ., 1- ,, . +° 4r ". •� in advance of any change in ownership of the currency exchange. The commissioner • ,,.4.. . � . may revoke the tune. cy exchange license if the new ownership would have resulted �. r_ ��- . : . � in a denial of the initial license under the provisions of chapter 53A. • 2 �. Y' _ History: 1989 c : -i s 5; 1992 c 504 s 5 `'ir . 53:.06 FI \E, SUSPENSION, OR REV'OC.ATION OF LICENSE. '� := -- .7�.�,� _,_=' (a) The commissioner may suspend or revoke any license under section 45.027 if 2 ? °- . y � ;;, =-a z_ the commissioner finds that: -� (1) the licensee has failed to pay the annual license fee or to maintain in effect the ; r� :� '° required bond or to comply with any order, decision, or finding of the commissioner L -_.,,3 � .- under Laws 1989, chapter 247; �.' : �` " --� (2) the licensee, cr any officer or director of a corporate licensee, has violated any - ''.7:-"- s,. provision of Laws 1989, chapter 247, or any rule or order of the commissioner under this chapter or chapter 45; f- :� (3) the licensee. cr any officer or director of a corporate licensee, has violated any K „ other law which wo..d indicate that the person is untrustworthy or not qualified to `r`' `� , operate a currency exchange; or , (4) any fact or condition exists which, if it had existed at the time of the original y ` . or renewal applicatic. for the license, would have warranted the commissioner refusing V -. , . the issuance of the license. . (b) A license r.:a•: not be revoked until the licensee has had notice of a hearing pur- `°~` suant to the provisions of chapter 14. R c A licensee may surrender any license by delivery to the commissioner. The sur- ..t ' render does not affect the licensee's civil or criminal liability for acts committed before �4 A? 4. -- the surrender, or zffect the liability on the bond required by this act, or entitle the "� > ?� � � .• licensee to a return of any part of any license fee. 1 (d) Before suspension or revocation of the license, the commissioner may fine a _ yr ���- -, licensee for violations of Law's 1939, chapter 247, as authorized under chapter 45. _ -: 7 History': 1989 c i s 6 r M:l 53A.07 FILI \G OF FEES; UNREASONABLE BLE FEES. �� ., -- . - -;.•a , --- - .- - - �--_: Subdivision 1. Approl al of fees. Fees charged at each location for check cashing ser- vices must be filed •with and approved by the commissioner. :;z:..y -.; Subd. 2. Amendment of fees. A licensee may amend its fees at any time by filing t c_M_ 7 Y �x j � the proposed amendments with the commissioner. The application for amendment .7- shall be in writing, under oath, and in the form prescribed by the commissioner. A fee -:C.Ia r_.�:_ _ of S50 shall accompany the application. The commissioner shall approve or deny the f �n ' g ` application 60 dal s after the filing of a complete application to amend its fees. ~° Subd. 3. Stand p may �`� ? Standards; unreasonable fees prohibited. The commissioner ma disc p- prove the fees filed by a currency exchange if they are not fair and reasonable. In deter- _- .-- ...- - -,•;.-'7 mining whether a fee is fair and reasonable, the commissioner shall take into :2 •:." , =` consideration: ' ,t∎,, (I) rates charged in the past for cashing of checks by those persons and organiza- �- 'a Z .. tions providing check cashing services in the state of Minnesota; (2) the income, cost, and experience of the operations of currency exchanges exist - :- ing prior to this enactment or in other states under similar conditions or regulations; r (3) the amount of risk involved in the type of check to be cashed and the location ,7`4`- z where the currency exchange operates; .. - (4) the general cost of doing business, insurance costs, security costs, banking fees, ''' : : "_ ?• ': and other costs associated with the operations of the particular currency exchange; rc w ..�_t Is'S CURRE \C1•E \CH- k \CE$53.4.11 /�, v x- r y s, 4°F / ...,-• , .-.( (5) a reasonable profit for a currency exchange operation; and - s (6) any other matter the commissioner deems appropriate. •4 The commissioner shall set a separate rate, consistent with the above standards, for 4:-.:: :15 x checks issued by a government entity in an amount up to 5500 to be cashed by a cur- E -. K� ' rency exchange. F r ' ' = History: 1939 c 147 s 7 $`- x= 53A.08 BOND. t `"' ; Before a license may be issued to a currency exchange, the applicant shall file annu- t ?`" =' ally with and have approved by the commissioner a surety bond, issued by a bonding s "'- ; company authorized to do business in this state in the principal amount of $10,000. t. =�= = f :'''': The bond must run to the commissioner and is for the benefit of creditors of the cur- r. rency exchange for liability incurred by the currency exchange on money orders issued r. -_. ` Y . .?_ :Pay :- • or sold by the currency exchange, for liability incurred by the currency exchange for :=-;'; -.5.--- sums due to a payee or endorsee ofa check, draft, or money order left with the currency -- y� �„ exchange for collection, and for liability incurred by the currency exchange in connect ` "t-.r' '` lion with providing currency exchange services. The commissioner may require a - >= licensee to file a bond in an additional amount if the commissioner considers it neces- ..- - ? sa, • to meet the re uirements of this section. In determinin the additional amount of x _ `` ="" the bond which may be required, the commissioner may require the licensee to file its ti* financial records, including all bank statements, pertaining to the sale of money orders � _ for the preceding 12 -month period. In no case may the bond be less than the initial S10.000 or more than the outstanding liabilities. .= : rm`` History: 1939c 247 s 8; 1992 c 504 s 6 �..-- z — ��+r r 534.081 ANNUAL REPORT AND I \VESTIGATIO\S. Subdivision 1. Annual report. On or before March 1. a licensee shall file an annuals : - report with the commissioner for the previous calendar year. The report must contain - 4 a information that the commissioner may reasonably require concerning, and for the purpose of examining. the business and operations of each licensed currency exchange. ~. t, fi Subd- 2. Inlestigation. The commissioner may at any time and shall at least once in each ) ear investigate the currency exchange business of any licensee and of every per- c son, partnershi association, and corporation enga ed in the business of operating a ` P> rp g P S a ^� currency exchange in the mariner provided under section 45,027. _ . ; Subd. 3. Fees and expenses. The licensee shall pay the costs of an examination or . in\estieation in the manner provided under section 60.4,03, subdivision 5. a ` History: 1992 c X04 s 7 c - ' r = 534.09 POWERS; LI\IIT4TIO \S; PROHIBITIO \S. - . A currency exchange may not accept money or currency for deposit, or act as bailee ; ' ? s = - - ; or agent for persons, firms, partnerships, associations, or corporations to hold money `- or currency in escrow for others for any purpose. Hov.e�•er, a currency exchange may x ;� act as agent for the issuer of money orders or travelers' checks. History: 1989c 247s 9 ... L ° 53.4.10 470L4TI0 \S. Any person, firm, association, partnership, or corporation that violates Laws 1989, t " F chapter 247, shall be guilty ofa misdemeanor. -``2 History: 1989 c 247 s 10: _ =rte 534.11 BOOKS OF ACCOUNT; ANNUAL REPORT. i The licensee shall keep and use in the licensee's business the books, accounts, and _ records that will enable the commissioner to determine whether the licensee is comply- �� ing with the provisions of Laws 1989, chapter 247, and with the rules adopted by the ;f • .1 mot- i :: :ti: z _ _ + ,� o--c� 'S - y b ) i ✓ _,� e --- Y - i ,� .� ; ...,„:".2-.,,_,....V. f -- " ---- -- t z � :t .- r - ^.. s � .�� F 1 "- . t7E:- ^ i`{'C - •?.'`. -•J�� 't - --, -? °. ;�. -- " .r z - X ... - --,L i -._c -, t� u.'� —+� - -=1:c' -Si - . k. �. 'F .-&^ , - - r *-'--5--%...-:-.-7;-'-' 'tom - ••1- ~•4'S - c• \ . ` - ter 53A.11 CURRENCY E \CHa \CES sit .r ��- ; F- �__� ( - �� 1292 c - i ,-,,,,,..4.....--,-...- 1 commissioner. A ;icensee shall preserve the books, accounts, and records for at least ''- �; � -f- =.�= = two years after r . ng the final entry. =' .: -E History: 1989c 247s 11 r - - r . ` " -� w�? 1• � 53A.12 RULES. •-` '# `�' The commiss:oner may adopt rules under chapter 14 as may be necessary to ., - administer and a -:erce this chapter. - t.1 - � �` ` �. History: 1989 c 247 s 12 - -=r te _ 4 3A.13 FEE \OTICE; F.4ISE AD4ERTISI \G; PE \'.4LTY. w ,„,.....„_ - . - Subdivision 1. Fee notice. The fees charged by currency exchanges for rendering < -� �- } any service authorized by this act must be prominently displayed on the premises of ,� -�- Y Y P P P �•,• �. the currency excl a-2e in the fashion required by the commissioner. Subd. 2. False advertising. A licensee may not advertise, print, display, publish, a' distribute, or brcadcast any statement or representation that is false, misleading, or 4 ., deceptive, or that emits material information. ' • •Subd. 3. Civil liability; penalty. A person who violates any subdivision of this chap- y - ter is liable to the person damaged by the violation for actual damages. The court may �� , :� _„� award reasonable attorney fees and costs. s `"--....--,=,.. History: 1989 c 247 s 13 5 3.4.14 [Repealed, 1992 c XO4 s 8] 1 . 2 ------' — -- _ -- :::&-''' , W. • a 4 4 , r :..: + Wi• l'._'. c _ •, . 7,x E, 1 emu -i"•....; - .4 - �4`i s ?' C'ra . • k:f1; • f(i J y • r ° -�x.�` .-, --- '- --' - -- `' _ , ..� .i - .., , - - 'v - "� `s ,1"'* V .k 'fie . ^ 169 - r CURRENCY EXCHANGES 53.4A3 r s - ^ 4- !, ,-r r r �. ^ a CHAPTER 53A k - T CURRENCY EXCHANGES ` { : Y 6 v 53A.03 . 4pp;,c ion for license: fees, s R` -T r-,( -rY p 4 . - .t Y a 'ti Tt..:.`t 53A.03 APPLICATION FOR LICE \SE; FEES. �` (a) An application for a license must be in writing. ',::,der oath, and in the form ,- _ =_ ` ' x >� prescribed and furnished by the commissioner and must contain the following: „ .''° ` ' z (1) the full name and address (both of residence and :::ace of business) of the appli- - . ' cant, and if the applicant is a pannership or association. of every member, and the ,- , name and business address if the applicant is a corporation; ,: --:- (2) the county and municipality, v..ith street and n_ -ber, if any, of all currency �' exchange locations operated by the applicant; and F � (3) the applicant's occupation or profession, for the :,- }ears immediately preced- 4 ='`'`� l - - ing the application; present or pre\ ious connection with any other currency exchange -7 in this or any other state; whether the applicant has ever peen convicted of any crime '�-= �' and the nature of the applicant's occupancy of the premises to be licensed; and if the - s e applicant is a partnership or a corporation, the information specified in this paragraph 4 _ �` ' must be supplied for each partner and each officer and d :rector of the corporation. If i r : , ? the applicant is apannership or a no- publicly held corporation, the information sped- l fled in this paragraph must be required of each partner a -d each officer, director, and - T stockholders owning in excess of ten percent of the corporate stock of the corporation. �h '. �� (b) The application shall be accompanied by a none . - dable fee of 5250 for the 4 ... .. - review of the initial application. Upon approval by the commissioner, an additional license fee of S50 must be paid by the applicant as an annual license fee for the remain- der of the calendar year. An annual license fee of SSO is due for each subsequent calen- dar year of operation upon submission of a license rene•aal application on or before z4 - -'7. - :P. : -! , : 1 :::-:=:.;" - '. - --,; September 1. Fees must be deposited in the state treasury and credited to the general .. ,:.. fund. Upon payment of the required annual license fee, the commissioner shall issue ; Y . a license for the }'ear beginning January 1. 1 - ` (c) The commissioner shall require the applicant to sub -tit to a background inves- ; r w tigation conducted by the bureau of criminal apprehension as a condition of licensure. { .- As pan of the background investigation, the bureau of criminal apprehension shall con- :i;- duct criminal history checks of'`?innesota records and is auth orized to exchange finger- 5 ' prints with the Federal Bureau of Investigation for the purpose of a criminal �”` "�` background check of the national files. The cost of the in a on must be paid by tigzti 3y the a ' '.3 _ .. r Ppli .� ; (d) For purposes of this section, "applicant" includes a n employee mho exercises • t ,z .E X " _ management or policy control over the company, a director. an off,�cer, a limited or gen- -;:s-:"-..-,.--.,,:"*, eral partner, a manager, or a shareholder holding more than :en percent of the outstand- : 1 :::"?.."':713k.1-1,443-177" £ ~p" ing stock of the corporation. , +� Histor}•: 1993 c 354 s 1 ' - s ff -i r z�� y � - .. - . lam -S �r✓ V• v.. r f t : (? .t'nr i r i ;I., rw as :75 OFFICE OF LICENSE, INSPECTIONS AND _ \ 5 1)- ENVIRONMENTAL PROTECTION Robert Kessler, Director SAINT CITY OF SAINT PAUL LOWRY PROFESSIONAL Telephone: 612 -266 -9090 PAU L Norm Coleman, Mayor BUILDING Facsimile: 612-266-9099 Suite 300 612-266-9124 350 St. Peter Street AAAA Saint Paul, Minnesota 55102 -1510 APINPIND October 24, 1995 Terrence J. Magill 5072 Isle Avenue N -_ Lake Elmo, MN 55042 Re: Currency Exchange License Application Dear Mr. Magill: The City of Saint Paul Office of License, Inspections and Environmental Protection has received notification from the Minnesota Department of commerce of your currency exchange license application for Capitol City Check Cashing at 477 Rice Street. Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the local governing body after published notice and hearing. The hearing will be conducted by an administrative law judge on behalf of the Council of the City of Saint Paul. The hearing will be held Monday, November 13, 1995 at 9:30 a.m. in the Ramsey County Courthouse, room 41, 15 West Kellog Boulevard, Saint Paul, Minnesota. Your attendance at this hearing is extremely important, especially if any adverse testimony is presented to which you wish to respond. The Saint Paul Legislative Code Section 381.02(c) directs the license applicant to pay a fee to the City covering the costs of administering and processing the currency exchange application. The fee for this application is $155.00 and must be paid within (15) days of the receipt of this letter. The Code further requires the applicant to reimburse the City for its costs in conducting the hearing(s) prescribed by State Law. You may be billed for those costs after the hearing(s). For your convenience, a copy of the notice of hearing as well as the City Ordinance Section 381 has been enclosed. If you have any questions, please contact Christine Rozek at 266 -9108. Sincerely, Troy Gilbertson, License Enforcement Auditor Enclosure c: Philip Byrne, Assistant City Attorney OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION 1 Robert Kessler, Director /(� _ \ S 1 SAINT' CITY OF SAINT PAUL LOWRY PROFESSIONAL Telephone: 612- 266 -9090 PAU L 4101i Norm Coleman, Mayor BUILDING Facsimile: 612-266-9099 Suite 300 612-266-9124 350 St. Peter Street RAM Saint Paul, Minnesota 55102 -1510 October 24, 1995 Jeffrey Bearth 380 Grafton Avenue N Oakdale, MN 55128 Re: Currency Exchange License Application Dear Mr. Bearth: The City of Saint Paul Office of License, Inspections and Environmental Protection has received notification from the Minnesota Department of commerce of your currency exchange license application for Capitol City Check Cashing at 477 Rice Street. Minn. Stat. §53A.04 requires the approval or disapproval of the state application by the local governing body after published notice and hearing. The hearing will be conducted by an administrative law judge on behalf of the Council of the City of Saint Paul. The hearing will be held Monday, November 13, 1995 at 9:30 a.m. in the Ramsey County Courthouse, room 41, 15 West Kellog Boulevard, Saint Paul, Minnesota. Your attendance at this hearing is extremely important, especially if any adverse testimony is presented to which you wish to respond. The Saint Paul Legislative Code Section 381.02(c) directs the license applicant to pay a fee to the City covering the costs of administering and processing the currency exchange application. The fee for this application is $155.00 and must be paid within (15) days of the receipt of this letter. The Code further requires the applicant to reimburse the City for its costs in conducting the hearing(s) prescribed by State Law. You may be billed for those costs after the hearing(s). qs_\SI For your convenience, a copy of the notice of hearing as well as the City Ordinance Section 381 has been enclosed. If you have any questions, please contact Christine Rozek at 266 -9108. Sincerely, Troy Gilbertson, License Enforcement Auditor Enclosure c: Philip Byrne, Assistant City Attorney OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Robert Kessler, Director 6 — 1 _S 5 A I N , CITY OF SAINT PAUL LOWRY PROFESSIONAL Telephone: 612 - 266 -9090 PA U I Alt Norm Coleman, Mayor BUILDING Facsimile: 612-266-9099 Suite 300 612-266-9124 350 St. Peter Street A AA A Saint Paul, Minnesota 15102 -1510 October 24, 1995 Judge John Lindy Office of Administrative Hearings 100 Washington, Suite 1700 Minneapolis, Minnesota 55401 -2138 -, Dear Judge Lindy: Enclosed you will find a copy of the letter and notice of hearing sent to the license applicants regarding the currency exchange license renewal application of Capitol City Check Cashing. The hearing scheduled on November 13, 1995 is a standard action required by the state and does not necessarily involve a conflict. If you have any questions or would like further information, please contact me at 266 -9101. Sincerely, // , 4t e ki" Troy 'lbertson, License Enforcement Auditor From: TroyGilbertson (GILBERTS) 13 To: COUNCIL:NANCYA Date: Wednesday, December 6, 1995 3:03 pm SubjeCtLetter from LIEP To: Nancy Anderson Fr: Troy Gilbertson Re: Council Review of ALJ recommendation regarding Capitol City Check Cashing Please include on the December 13, 1995 Council agenda a hearing to review the Administrative Law Judge recomm regarding the currency exchange license renewal application for the premises located at 477 Rice Street in Saint Pau This renewal application was uncontested at the ALJ hearing. • Council File # ` Green Sheet # /99 Rs' RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By P 1111;( 414161 Referred To Committee: Date p.1a1 2 3 4 5 WHEREAS, Mark Pacheco, pursuant to Saint Paul Legislative Code §§ 60.544(2) and 6 64.300(d), made application to the Saint Paul Planning Commission to modify conditions of a 7 special condition use permit issued in 1993 for outdoor sales of used automobiles at the 8 property commonly known as 1414 Arcade Street, Saint Paul, Ramsey County, Minnesota; 9 and 10 11 WHEREAS, the Zoning Committee of the Planning Commission, on July 20, 1995 and 12 again on October 26, 1995, conducted public hearings on the application after providing 13 notice to affected property owners. At the conclusion of these public hearings, the Zoning 14 Committee recommended approval of the application with conditions and submitted this 15 recommendation to the full Planning Commission. On November 3, 1995, the full Planning 16 Commission, in Resolution No. 95 -79 recommended approval of the application with 17 conditions and adopted the same; and 18 19 WHEREAS, Mark Pacheco, on November 15, 1995, pursuant to Saint Paul Legislative 20 Code § 64.206, filed an appeal of the Planning Commission's recommendation and requested 21 a public hearing before the Council of the City of Saint Paul for the purpose of considering 22 the actions taken by the planning commission; and 23 24 WHEREAS, on December 13, 1995, pursuant to Saint Paul Legislative Code §§ 25 64.206 -208, the Council of the City of Saint Paul conducted a public hearing on the appeal of 26 Mark Pacheco; and 27 28 WHEREAS, the Council of the City of Saint Paul, after due deliberation upon the 29 testimony of the appellant, the report of City staff and all the files, records and proceedings 30 herein from the Zoning Committee and the full Planning Commission made the following 31 decision; THEREFORE, 32 33 BE IT RESOLVED, based upon the following findings of the Council of the City of 34 Saint Paul, that the Special Condition Use Permit in Zoning File No. 95 -113, as recommended 35 in Saint Paul Planning Commission Resolution No.95 -79 be AFFIRMED: 36 37 1. That the Council concurs in the findings of fact and conclusions made and 38 determined by the Planning Commission in approving this application. 39 40 2. That the Council finds that the Planning Commission did not commit any 41 error of fact or procedure in modifying the conditions of a special condition use 42 permit to wit: 43 p /of 2 95 �.si 3 1 (a). That the Council finds that special condition number two, in 2 Zoning File No. 95 -133, ordering the restoration of an area of grass that 3 appellant had previously covered with pavement, is consistent with 4 insuring that the use of the subject parcel will not be detrimental to the 5 existing character of the development in the immediate neighborhood. 6 7 (b). That the Council finds that Appellant gave testimony at two public 8 hearings to present arguments in favor of expanding business hours in 9 accordance with Saint Paul Legislative Code § 64.300. Appellants claim 10 that he was denied the opportunity to present testimony on the same 11 topic before the full Planning Commission does not constitute error. 12 13 AND, BE IT FURTHER RESOLVED, that the appeal of Mark Pacheco is in all things 14 denied. 15 16 AND, BE IT FINALLY RESOLVED, that the City Clerk shall mail a copy of this 17 resolution to the appellant, the Zoning Administrator and the Planning Commission. 18 19 20 Yeas Nays Absent Requested by Department of: Blakey ✓ Harris T Grimm ✓ Guerin ___—_ Megard ✓ Rettman Thune _ B y: 7 D o Adopted by C rIsil: . ,` ..-5- Form Approved by City Attorney Adoptio• C� ertified 1 o!1 Secretary By: �,.. ���yvs-0-- „ By: � `...A. Approved by Mayor for Submission to l Council Approved by,'' �� = yor : Dat = I. By: