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94-1569 - � O Council File # �1't'~ � � R I � � �' ` Green Sheet # �7 $03 ' RESOLUTION CITY O SAINT PAUL, MINNESOTA �� Presented By Referred To Comrnittee: Date 1 2 RESOLVED, that the cu ency exchange license application by Thomas Potts, 3 dba International C'�rrency Exc nge, for the premises located at 981 Payne Avenue in 4 Saint Paul, is recommended for pproval. Minnesota Statute §53A.04 requires the 5 approval or disapproval of the s te application by the local governing body. 6 7 This Resolution a the action taken above are based upon the proceeding 8 before the Administrative Law J dge, the documents and exhibits introduced therein, the 9 testimony offered by and on beh lf of the licensee during the Council hearing on 10 October 26, 1994, and the delib ation of the Council in open session. The Council 11 adopts the findings of fact and c nclusions of law of the Administrative Law Judge 12 contained in his Report. The Re ort of the AL.J is incorporated in and made part of this 13 resolution. 14 15 A copy of this resolution, adopted, shall be sent by first class mail to the 16 Administrative Iaw Judge and �t the licenseholder. In addition, a copy of this resolution 17 as adopted shall be delivered by he Office of Licenses, Inspections and Environmental 18 Protection to the Minnesota Co missioner of Commerce. Yea Nays sent Requested by Department of: a e arris rimm � uerin e ar e man —� une By� � , Form Approved by City Attorney Adopted by Council: Date '`C�` �-. l . Adoption Certified by Council Secr tary By: �p _ � -9 J B y� � �' � '`"���`°-�'`-'}� --- Approved by Mayor for Submission to Approved by ay r: Da e �, '�,a`I Council �=, i � � _- ° B . B : � �`,�-� y � , ���� t y; p q � DE T/OFFlCElCOUNCIL DA 1NITIATE N� � O J S Cit Council 10 4 G�f �� `���E �' ACT d PHONE Q DEPARTMENT DtRE NITIAUDATE ❑ CITY COUNCIL IN TE � Nancy Anderson � �� omr nTroRr�v 0 ciTr c�n�c MUB NCIL EP�A ( ) W�T�yQ � BUDOET DIRECTOR � flN. 8 MOT. SERVIGE8 DIR. rEIC� SER Z�'s '•I ��Ei ❑ AAAYOR (OR A381$TANT) � . TOTAL #� OF 81QNATURE PA�ES LIP ALL LOCATIQNS FOR $ItiNATURE) ' ACTION RECIUESTED: Approval of eurrency exchange li nse apglication by Thomas Potts, dba.�nternational Currency Exchange, 981 Payne Ave e, , pEC.QA�AENW►T10N3: APpa+ Uq or qsiact (Rl PEp80M/tb SERVICE GONTRACTS MUdI' ANsWER t?iE FOILOWING OUEfTfONB: _ Pu1NNNi0 COA�IAAISBION _ CIVIL SERViCE CAMMI83 1. Has M�is psrsoNflrtn ever worked undsr a oonhact fcr tF�s d�rtm�K7 s, _ GB COMMITTEE __ YE8 NO 2. Fles ihis psnoNann ever besn e City employas? — �� — YES NQ _ D18TRICT COURT _ 3. DOes tl►i8 PertonAirm Possest 8�kitl not nortneMY P� bY �Y ��Y ? . �1PPORT8 WNICH COUNCIL OBJECTIVE? YES NO : FacplNn NI � an�wn on sep�r� sMst and ett�h � Ora�n shMt � INYTb1TMlfi PROBLEM. ISSUE. OPPORT1JN11'Y (Who. Whet. When� WhYJ� _ � � f � � AOVANTAOEB IF APPROVED: • 1 i ► _ , DISADVANTAfiE81F APPROVED: COW1Cfl R@3@!11'611 �' � OCT 10 i994 { � : f DI8ADVANTAOEB IF NGT APPRO'VED: � � � TOTAL AMOUNT OF TRANSACTION = COStlREVENUE' BUDOETED (CIIiCLE ONE) YES NO j I FUNDINO 80URCE ACTIVITY NUY9ER FINANCIAL INFORMATION: (EXPWN) f � . �- � �� - �� � , �' � �OTE: COMPIETE DIRECTION3 ARE 1PIC� IN �. �HEET INSTRUCTIONAI MANUAI AVAILABIE IN THf Pk1FiCHASINQ t�FIC� NO, 298-4225). � OUTING ORDER: . ow are carsct routtngs for the tive most irequsnt typbs ot doGUrrwMs: NTRACTS (assumea authorizsd budget sxfsb) COUNCIE RESOLUT�ON (Am�nd 8udpsWAexept. �rsnfs) . p�tside.qg�ncy _ 1. Deparhnent Direc�or . Departmsnt Directa 2. Budpet Director . . City Attorney 3. Gity Attomey �; . Maycr {for contracts mrer 515.000) . 4. MayodJlss�atent � . Human Rights (iar conuacts ov� S5E1.000) 5. Ciry Council . Flnance and Management Services Direcfor 6. Chief M.count�►t, F&�anoe�and Mana�ernen! Servioes '� Flnar�ce AccouhNng . DMINISTRATIVE ORDERS (Bud,qet Reviafon) CDUNCIL RESOLUTION (eN othsrs. ent! ONIAenCSS) "°i. AcUviry Manager t. Department Director : . Department Accountant 2. Ciy Attorney . Department Director 3. Meyor AssistaM 4. Budget Oirect� 4. CUy Cour�il � 5. City Clerk ' 6. Chief Accountent, Ffnance and ManagemeM Ss�s k �ADMINISTRATIVE ORDERS (ail othera) t. Oepartment Director 2: City Attorrrey ` i 3. Fi�ance and Management Services Director � 4. City Clerk TOTAL NUMBER OF SIGNATUflE PM3ES indicate the #�o( pages on which signaturea aro roquired and papsrcllp o� flw ' � asch oi these pay�s. , ACTION REOUESTED Desc�ibe what ths projecUrequest seeks to accompiish in either chronologf- -> cel order or order of imPoriance, whichewr is rt�ost appr�opriate for ths I issue: Do not write complete sente�es. 8a�in each Nem �► yqur Nst with l� a verb. �: �' = � RECOMMENDATIONS � " Complete if the issue in qusstion has been presented beforo any body, puWic � or private. � SUPPORTS WHICH COUNCIL OB,IECTIVE? � Indicate which Council obJectivs(s) your projecthequest aupports by listing � the key word(s) (HOUSING, RECREATION, PIEIGH80RHOODS, ECONOMIC DEVELOPMENT, • BUDGET, $EWER SEPARATION). (SEE COMPIETE LIST IN INSTqUCTIONAL MANUAL.) , �, PERSONAL SERVICE CONTRACTS: . = This intormation wiil be used tc� determine thm cltyh qabNiry tor workers coMpensation ctaims, taxes and propsr dvN se� hirirp ndss. ` INITIATING PROBLEM, ISSUE, OPPORTUNITY Explain the situation or c�ditiona that created a need for your p►oject w request. ADVANTA(3ES IF APPROVED Indicate whether this is simply an annuai budget procedure roquirod by law/ charter or whether there are specH� ways in wNich the City of SaiM Paul � and its citizens wNl bsne8t from this projecUaction. ` �` � DISADVANTAGES IF APPROVED � What negative eNects or major changes to e�sting or past processes might �� tMa project/request produce ff ft Is pssaed (e.g., traffic dslays, noise, �� tax increases or assessmsnts)? To Whom7 When? For how long4 DISADVANTA(3ES IF NOT APPROVED What wili be the negative cwnsequences it the promised actbn ia not ` approved? Inability to dsliver �ervh:e? ConNnued high trattfc, noise, accident rateZ Loss of revenue? FINANCIAL IMPAC'i Althaugh you musi t�tlor the InformaUon you provide here to d�e issue you are,addressing, in ge�isral you must anawer twro.questfons: How much is it ,� ga�g to cost? Who ia 9tli�9 to PaY? . �� t ; �l � �� q� -15t� •';;�o� S ATE OF MINNESOTA OFFICE F ADMINISTRATIVE HEARINGS 10 Washington Square, Suite 1700 _ 1 0 Washington Avenue South ��. .�. Min eapolis, Minnesota 55401-2138 �������� aC�� C 5 1994 October 3, 1994 c�� `� ���� �����E'� Philip B. Byrne Check Express Assistant St. Paul City Att ney 1532 West University Avenue 400 City Hall and Courthousei St. Paul, Minnesota 55104 15 West Kellogg Boulevard i St. Paul, Minnesota 55102 International Currency Exchange Ramsey Financial 981 Payne Avenue 577 University Avenue St. Paul, MN 55101 St. Paul, Minnesota 55104 RE: In Re: The Cur Exchange License Applications of: Ramsey Financial, 577 Un versity Avenue, St. Paul, Minnesota 55104; Check Express, 1532 West University Avenue, St. Paul, Minnesota 55104; and International Cur ency Exchange, 981 Payne Avenue, St. Paul, MN 55101; OAH Docket o. 5-2101-9117-3 Dear Parties: Enclosed herewith and erved upon you by mail is the Administrative Law Judge's Findings of Fact, C clusions and Recommendation in the above-entitled matter. Enclosed to Mr. B rne is the official record. Our file in this matter is now being closed. I Sin erely, �' � � � / HOWARD L. KAIBEL, JR. Administrative Law Judge Telephone: 612/341-7608 HLK: lc I Providing Imp ial Hearings for Government and Citizens A Equal Opportunity Employer Administrative Law Section & Administrative Se ices (612) 341-7600 � TDD No. (612) 341-7346 � Fax No. (612) 349-2665 I . • q �4- t5�o9 STATE OF MINNESOTA) I >ss COUNTY OF HENNEPIN) AFFI AVIT F ERVI BY . MA L Laurie L. Clos, being'Ifirst duly sworn, hereby deposes and says that on the �r day of er, 1 94, at the City of Minneapolis, county and state aforementioned, she servedl the attached Findings of Fact Conclusions and Rec mmen i n• AH D ck No. -21 1- 117- by depositing in the United States mail at said City f Minneapolis, a true and correct copy thereof, properly enveloped, with f rst class postage prepaid, and addressed to the individuals named herein: Philip B. Byrne Check Express Assistant St. Paul City Att ney 1532 West University Avenue 400 City Hall and Courthousel St. Paul, Minnesota 55104 15 West Kellogg Boulevard St. Paul, Minnesota 55102 International Currency Exchange Ramsey Financial 981 Payne Avenue 577 University Avenue St. Paul, MN 55101 St. Paul, Minnesota 55104 I . � Laurie L. C s Subscribed and sworn to befo e me this �r day of October, 199 . � Notar P ic ■ ' lAV N REGAN NOTARY BIIC - MINNESOTA HENN IN COUNTY W�y �pmm. Jan. 31. 2000 � • . ay -��� 5-2101-9117-3 STATE OF MINNESOTA OFFI E OF ADMINISTRATIVE HEARINGS FOR THE CI Y COUNCIL OF THE CITY OF ST. PAUL In Re: The Currency Exchan License Applications of: Ramsey Financial I 577 University Avenue FINDINGS OF FACT. St. Paul, Minnesota 55104; CONCLUSIONS AND RECOMMENDATION Check Express 1532 West University Avenue I St. Paul, Minnesota 55104; a d International Currency Excha ge 981 Payne Avenue St. Paul, MN 55101 The above-entitled mat er came on for hearing before Administrative Law Judge Howard L. Kaibel, J., on September 28, 1994 in the Ramsey County Courthouse. The record clos d at the conclusion of the scheduled hearing. Philip B. Byrne, Assist nt City Attorney, City of St. Paul, 400 City Hall and Courthouse, 15 West Kell gg Boulevard, St. Paul, Minnesota 55102, appeared on behalf of the City of t. Paul. The Applicants appeared on their own behalf, without benefit of c unsel. This Report is a reco endation, � a final decision. The Council of the City of St. Paul will ma e the final decision after a review of the record which may adopt, reject o modify the Findings of Fact, Conclusions, and Recommendations contained he ein. Pursuant to Minn. Stat. § 14.61, the final decision of the City Council shall not be made until this Report has been made available to the parties o the proceeding for at least ten days. An opportunity must be afforde to each party adversely affected by this Report to file exceptions and pres nt argument to the City Council. Parties should contaet Council of the City of St. Paul, 310 City Hall, St. Paul, Minnesota 55102, to ascertain the proc dure for f9ling exceptions or presenting argument. STATEMENT OF ISSUE Should these applicati ns for currency exchange licenses, under Minn. Stat. § 53A, be approved y the Council of the City of St. Paul, after published notice and hearing. � - q�-��9 Based upon all of the proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. The Notice of Pub ic Hearing in this matter was served by the City of St. Paul on the Applican s on September 9, 1994, by certified mail. 2. In accordance wit Minn. Stat. § 53A.04 and Chapter 381 of the St. Paul Leg9slative Code, Robe t Kessler, Director of the City Office of License, Inspections and Environment 1 Protection, notified interested persons of the public hearing, scheduled f r September 28, 1994, by publication on September 13, 1994, and by letter, on r about September 15, 1994. 3. There were no a pearances, other than the appearances by the Applicants and the Assistan city Attorney, Mr. Byrne, at the scheduled public hearing. No testimony was �aken. The hearing was scheduled to begin at 9:30 a.m. After waiting until 9: 0 a.m., for possible appearance by members of the public, the undersigned, th Applicants, and Mr. Byrne concurred that there was no need to take testimo y or to otherwise proceed with a formal hearing. Mr. Byrne submitted the C ty's exhibits, indicating that he had not been contacted by any interested ersons after the issuance of the Notice of Public Hearing and that the applica ions were in order. Based upon the foregoi g Findings of Fact, the Administrative Law Judge makes the following: � CONCLUSIONS 1. The Council of thelCity of St. Paul and the Administrative Law Judge have jurisdiction in this ma ter pursuant to Minn. Stat. § 14.50-14.67 and the St. Paul Legislative Code, § 310.05 and 310.06. 2. The City of St. aul has fulfilled all relevant substantive and procedural requirements of 1 and rule. 3. The City of St. Pa 1 has given proper notice of the hearing in this matter including proper noti e in accordance with the requirements set forth in Minn. Stat. § 53A and § 3 I1 of the Legislative Code of the City of St. Paul. 4. The Applicants hav fully complied with the application requirements specified by law. 5. No members of the p blic have opposed the applications for licensure. Based upon the foregoin Conclusions, the Administrative Law Judge makes the following: -2- .� _ aa •�s� RECOMMENDATION IT IS RESPECTFULLY RE MENDED that the Council of the City of St. Paul approve the currency exchan e license applications of Ramsey Financial, Check Express and International C rency Exchange. Dated this 3r day of Octob , 1994. . D L. E R. dministrative Law Judge NOTICE Pursuant to Minn. Stat. 14.62, subd. l, the agency is required to serve its final decision upon eac party and the Administrative Law Judge by first class mail. -3- - = a � .. Interdepartmental emorandum CITY OF SAINT P UL DATE: October 7, 199 I TO: Nancy Anderson I, FROM: Phil Byrne�� I RE: Currency Exchan e Hearings for October 26, 1994 You will have gotte , or will shortly get, ALJ reports on three currency exchange l censees. These resolutions s uld go in the council packets with the respective license, for c uncil consideration. These resolutions ar not administration resolutions, but are the Council's own. Normal y I would not prepare these until after Council action, but in each of these 3 cases there is no opposition, and no need to add to the paperwork flow burdens of the Council (or its secretary ). Call me if you have I ny questions. q��16b9 OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Robert Kessler, Director CTI'Y OF SAIlV'T PAUL ucE,vsE,�vn Telephone: 612-266-9100 Norm Coleman, Mayor INSPEC710NS Facsimile: 612-266-9124 350 St. Peur Street S,du 300 Sant Paul, Minnesota SS102 �� September 28, 1994 � � � Thomas Keith Potts $EP 2� 1994 4549 Wentworth Avenu Minneapolis, Minnesota 55409 Re: Application for Cu ency Exchange License for the premises located at 981 Payne A nue, Saint Paul Dear Cary: Please take notice that hearing on the report of the Administrative Lavv � Judge concerning your pplication for a currency exchange license has been scheduled for 3:30 p.m., October 26, 1994 in the City Council Chambers, Third Floor, aint Paul City Hall and Ramsey County Courthouse. You have the opportuni to file exceptions to the report with Nancy Anderson, Assistant Sec etary to the City Council, at any time during normal business hours. You may also present oral or written argument to the Council at the He ' g. No new evidence will be received or testimony taken at this earing. The Council will base its decision on the record of the proceeding before the Administrative Law Judge and on the arguments made an exceptions filed, but may depart from the recommendations of su Judge as permitted by law in the e�cercise of its judgement and discretio . Sincerely, Robert Kessler, Director Office of License, Inspec 'on and Environmental Protection cc: Philip Byrne Christine Rozek Nancy Anderson � . , q4-� Ste�} OFFICE OF LICENSE, INSPECI'IONS A1�'D ENVIRONI�QENTAL PROTECI'ION Ro6ert Kessler, Direcsor CTI'Y OF SAIN'r PAtJL LCENSE AND Telephone: 612-266-9100 Norm Coleman, Mo��or INSPEC770A'S Facsimile: 612-266-9124 350 St. Paer Srr�et Suiu 300 Saint Paul, Minnesora 55102 �� NOTI E OF PUBLIC HEARING Currency xchange License Application of tl Currency Exchange t 981 Payne Avenue Office f Administrative Hearings on behalf of the COUNCIL F THE CITY OF SAINT PAUL PLEASE TAKE NOTICE that t stimony will be taken from interested persons, including those in the comm ity « respect to the application of Ramsey Financial to operate a curren exchange by license issued under Minn. Stat. §53A.02. Minn. Stat. �53A.04 requires e approval or disapproval of the state application by the governing ody, after published notice and hearing, within 60 days after receipt of the ap lication. The hearing will be conducte by an administrative law judge from the Minnesota Office of Administr tive Hearings, on behalf of #he Council of the City of Saint Paul. His or her report, and recommendation for action, will be forwarded to the Council for i' final action. Date of Public Hearing �'Vednesday, September 28, 1994 Time: 9:30 a.m. Location of Public He 'ng: Ramsey County Courth use ' Room 42, Lo��ver Level 15 West Kellogg Boulev d St. Paul, Minnesota 551 2 If you have any questio I s, please call Christine Rozek, Office of License, inspections an Environ ental Protection, at 266-9114. , q� -� 5�9 STATE OF MINNESOTA ) )' ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF R1�MSEY ) Troy Gilbertson, being f'rst duly sworn, deposes and says that on September 9, 1994 he ser ed the attached Notice of Hearing on the following named person b placing a true and correct copy thereof in an envelope addressed as follow: Thomas Keith Potts 4549 Wentworth Avenue Minneapolis, Minnesota 55409 (which is the last known addresses of said person) and depositing the same, with postage pr paid, in the United States mails at Saint Paul, Minnesota. � ,�-,���- �� —� / TI�'OY GILBERTSON � ✓ Subscribed and sworn to efore me this 19th day of July, 1 94. � i , C ,� � - \ Notary Public � ;!��� KRIST(NA L. VANNORN NOTARY PUBUC-MINNESOTA , � �'�KC?A COUNTY . q� - ►� OFFICE OF LICENSE, 1NSPEGTIONS AIQD ENVIROh'MENTAL PROTECTION Roben Kessler, Director CITY OF SAINT PAUL IICENSE AAD Telepho,u: 612-266-91 DO Norm Coleman, Mayor INSPEC770A'S Facsimilt: 612-266-9124 350 St. Peur Srreet Suiu 300 Sainr Pnul, Minnesora 55102 """'' �i September 9, 1994 Thomas Keith Potts 4549 Wentworth Avenue Minneapolis, Minnesota 5409 Re: Currency E�chang License Application Dear Mr. Potts: The City of Saint Paul O ice of License, Inspections and Environmental Protection has received otification from the Minnesota Department of Commerce of your curre cy exchange license application for Intl Currency Exchange Inc. t 981 Payne Avenue. Minn. Stat. �53A.04 req ires the approval or disapproval of the state application by the local overning body after published notice and hearing. The hearing will be cond cted by an administrative la�v judge an behalf of the Council of the Ci of Sa.int Paul. The hearing will be held VVednesday, September 8, 1994 at 9:30 a.m. in the Ramsey County Courthouse, room 42, 1 VVest Kellogg Boulevard, Saint Paul, Minnesota. Your attendance at this earing is extremely important, especially if any adverse testimony is pre ented to which you wish to respond. The Saint Paul Legislativ Code Section 381.02(C) directs the license applicant to pay a fee to e City covering the costs of administering and processing the currency xchange application. The fee for this application is $155.00 d must be pa.id within (15) days of the receipt of this letter. The Code fu er requires the applicant to reimburse the City for its costs in conducti the hearing(s) prescribed by State Law. You will be billed for those c ts after the hearing(s). , q� —15c�q For your convenience, a opy of the notice of hearing as well as the City Ordinance Section 381 as been enclosed. If you have any questions, please contact Christine ozek at 266-9114. Sincerely, / Robert Kessler, Director Office of License, Inspec 'ons and Environmental Prot ction � Enclosure cc: Philip Byrne, Assis t City Attorney �k � q�l -ISto'9 I I CITY OF SAINT PAUL I Norm Coleman, Mayor ADMINISTRATIVE LAW HEARI G IN THE MATTER OF THE LICE SE APPLICATION OF INTL CURR NCY EXCHANGE 981 PAYNE AVENUE SAINT PAUL, MN 55101 CITY'S EXHIBITS Notices: 1. Notice of Hearing letter to homas Potts (6 pp.). Attachments includ : Notice of Public Hearing I Chapter 381, Legislative Code 2. Affidavit of service by mail for Potts letter. 3. Notice of Hearing letter to nterested persons (2 pp.). 4. Affidavit of Publication, Se tember 13, 1994. Statute: 5. Minn. Stat. ch. 53A (6 pp•)•II � ���� OFFICE OF LiCETSE, L`�SPECTIO�S A.�D ENVIROTTtEATAL PROTECTIO;V Robcrt Kcsskr, Dirccror CITY OF SAII�1'I' PAUL LCEI�SE.lI�D Tikphone: 673•Z66•910� l�orm Colcman, Moyor II�SPEC7701�5 Faesim�ls: 612-s66•972�f 350 Sr. Pcur S:rcet Suiu 300 Saint Pc+rl, J�lir.nerora 15102 ..�^+� September 9, 1994 I Thomas Keith Potts I 4549 ��'enri� orth Avenue I rZinneapolis, A7innesota 5 409 Re: Currency Exchange icense Application Dear r'!r. Potts: The City of Saint Paul Offi e of License, Inspections and Em-ironmental Protection has recei�•ed no ification from the A2innesota Department of Commerce of }'our curren ' exchange license application for Intl Currency Exchange Inc. a 981 Payne A��enue. I�1inn. Stat. §53A.04 requi s the appro��al or disapproval of the state application by the local go erning body after published notice and hearing. The hearing �i-ill be condu ed by an administrati�*e la�v judge an behalf of the Council of the City Saint Paul. The hearing �vill be held ��'ednesday, September 28 199� at 9:3Q a.m. in the Rainsey County Courthouse, room 42, 15 �'est Kello� Boulevard, Sa.int Paul, :�7innesota. Your attendance at this he ' zg is ea-tremely important, especially if any ad�•erse testimony is prese ted to which }'o.0 w-ish to respond. The Saint Paul Legislative I ode Section 381.02(C) directs the license � applicant to pay a fee to th City corering the costs of administering and processing the currency ex hange application. The fee for this application is $155.00 and must Ue paid within (15) day s of tl�e r�ceipt of this letter. The Code furth r requires the applicant to reimvurse the City for its costs in conducting e hearing(s) prescribed by State Law. You will be billed for those cost atter the hearing(s). `�X N ii3�T ) aa-�s�� For }•our convenience, a py of the notice of hearing as ���ell as the City Ordinance Section 381 h s been enclosed. If you have any questions, please contact Christine ozek at 26G-9114. Sincerely, I / Robert Kessler, Director Office of License, Inspecti ns and Em�ironmental Prote tion Enclosure I . cc: Philip B}�z Assis t City Attorney � , . . � / / Gi�.�c —I�lo9 � OFFICE OF LICENSE, L`�SPEC'f10�S A.�D Ef�'VIRO�'T1E�TAL PROTECTIOV Rn6cn Kcs�kr, D.rcrtor CII'Y OF SAINI' PAUL ucF�s�,s�v Ttltphone: 672-?66•911� A'osm Colcmcn, Ma�•or IA'SP£C7701�'S Feesimils: 612-166•l+I:* 330 S7. Peur S:rttt Sviu 300 Soinr Pauf, bllr.nesota 53102 .�...-,.�..� ..r..r.+ 1TOTIC O: PUBLIC HEA.RING Currency E •ch�:..-:ge License Application of In 1 C�-rency Exchange at 81 Pa}'ne A� •enue Office of Adr. Hearings n behalf of the COLTi�'CIL O TH� CITY OF SA.INT PAUL PLEr'1SE Tr'1KE :�OTICE that tes 'mc:,y �� Ue taken from interested persons, ineluding those in the commun ��.�th respect to the application of Ramsey Financial to operate a currency xc7�nge Uy license issued under hsinn. Stat. 553�.02. . rZinn. Stat. �53A.04 requires th appro��al or disapproral of the state application by the go��erning Uo y, after published notice and hearing, «zthin 60 da�•s after receipt of the appl ca�on. The hearing «-i11 be conducted an administrati�•e Ia�v judge trom the AZinnesota Office of �dministra �•e Y.earings, on behalf of the Council of the City of Saint Paul. His or her r port, aizd recommendation for action, �vill Ue foi��•arded to the Council for its in�l action. Date of Public Hearing: , �Vednesday, September 28, 1994. Time: 9:30 a.m. Location of Public Heari g: Ramsey County Courthou e ' Room 42, Lo��•er Le�•el 15 ���est Kellogg Boulevar St. Paul, A�innesota 5510 lf you have any questions please call Christine Rozek, Office of License, � inspections an Em�ironme tal Protection, at 266-9114. �-�Tlt�hM�NT � . a� - �s� . . Chapte I381. Currency Exchanges Sec. 381.01. State lice l e required; definition. No person shall eng ge in the business of a currency exchange in Saint Paul 'thout a license as provided by Minnesota Statutes Chapter 53A. (C.F. No. 94-46, S 2, 2- -94) Sec. 381.02. Procedures; hearinq; fee. (a) Procedures. Upo receipt of a completed application from the commissioner of comm rce for either a new license or the renewal of an existing 1 cense, the matter shall be referred to the office of license, i spections and environmental protection for initiation of a hear ng as required by state law within the period allowed for the r sponse of the governing body. The hearing shall be for the purpose of taking testimony from interested persons, incl ding those in the community in which the applicant is located or s proposing to be located, as required by law, and upon qrounds or issues as to which notice has been given in accordance with the requirements of sections 310.05 and 310.06 of the Legislativ Code. The said office shall publish and give notice as required y law. (b) Hearing. The he ring shall be held before an independent hearing examiner in conf rmity with the provisions of sections 310.05 and 310.06 of the egislative Code, and the rules of the office of administrative earings, to the extent such rules are not in conflict with sec 'ons 310.05 and 310.06. (c) Fee; costs. The pplicant shall pay, within fifteen (15) days following receipt of the application by the city, a fee covering the costs of a'nistering and processing the application in an amount o be established in conformity with the procedures in section 310 09(b) of the Legislative Code. The applicant shall also re' urse the city, within fifteen (15) days following action by the c ty council on the application, for its costs in conducting the h arinq or hearings prescribed by state law, including publicatio costs and the cost of the administrative proceeding and hearing before an independent hearing examiner. I (C.F. No. 94-46, � 3, 2-2 5ec. 381.03. Grounds for isapproval, etc. (a) Disapproval. The council may by resolution disapprove an application and, if so, s all state therein its reasons for so doing. It may adopt in wh le 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 �}j7/��fi�'►C � r? . q� ` �61°`°� . testimony. Notice of th disapproval may be communicated to the commissioner of commerc before the effective date of any such resolution where necess y to avoid a presumption of concurrence. (b) Grounds for dis pproval. Disapproval of an application may be based on one (1) r more of the following grounds, in addition to any other gr und allowed by law: (1) Violation of a y provision of the state currency exchange law c ntained in Chapter 53A. (2) Any one (1) or more of the reasons, conditions, or standards for dverse action under section 310.06 of the Legislativ Code. (3) Failure of the applicant to pay the city fee and costs prescribed abo e. (4) (i) The locat on of a new currency exchange as proposed ould cause significant adverse consequen es or impacts upon the neighborhoods within th ee hundred (300) feet of the exchange. Such anti ipated effect must be shown by clear and convincin evidence. (ii) The exist ng currency exchange has caused significa adverse consequences or impacts upon the neigh rhoods within three hundred (300) feet of the ex ange. (5) Failure of the pplicant to agree to reasonable conditions upo the operation of the business in accordance with the procedures in section 310.05 and the grounds of 10.06. Such conditions could include, but are not li 'ted to, hours of operation, off-street parking require ents, bonding in an amount greater than that required b state law, and annual audits at the licensee's expe se. (6) The applicant i not of good moral character and repute and/or is unfit to operate such a business. (7) The applicant i not at least eighteen (18) years of age. I (8) The applicant i not the real party in interest in the application. (9) The location of business for which a new currency exchange licens is sought is within one-half mile of an existinq cur ency exchange licensed by the state. (10)) The applic nt or its proposed business location does not c ply with applicable zoning, buildinq, : , . O�y � 15�i fire and ealth codes. I (c) Persons and cor orations. If an applicant is a partnership, the applica ion may be denied if there is a basis for denial as to any par ner. If the applicant is a corporation, the application may be d nied if there is a basis for denial as to any (i) shareholder h ldinq more than five (5) percent of the outstandinq or issued st ck of the corporation, or (ii) officer or director of the corpo ation, or (iii) employee of the enterprise having policy or management control over the enterprise. I (C.F. No. 94-46, � 4, 2- -94) Sec. 381.04. Definitions I The following words and/or phrases shall have the following meaning when used in thi chapter and in Chapter 310 of the Legislative Code. � (a) Applicant. The rm " applicant " includes persons, partnerships, firms and rporations and all other forms of business ventures. It al includes employees who exercise management or policy con ol over the enterprise, general and limited partners, shareh ders of more than five (5) percent of the outstandinq or issued shares of a corporation, and corporate managers, officers and di ectors. (b) Application. The term " application " includes applications for both new and renewal licenses. (c) License. The te " license " refers to the state currency exchange licenselprovided for in Minnesota Statutes Section 53A.02. I (d) Currency exchang . The term " currency exchange " is defined in Minnesota Stat tes Section 53A.01, subdivision 1. Currency exchange means a y person, except a bank, trust company, savings bank, savings and loan association, credit union, or industrial loan and thrif company, engaged in the business of cashing checks, drafts, m ney orders or travelers' checks for a fee. Currency exchange do s not include a person who provides these services incidental to the person's primary business if the charge for cashing a chec or draft does not exceed one dollar ($1.00) or one (1) percen of the value of the check or draft, whichever is greater. j (C.F. No. 94-46, § 5, 2-2- 4) -- - qy -15�i . � � STATE OF MINNESOTA ) ) I lss. AFF DAVIT OF SERVI BY I COUNTY OF RAMSEY ) � Troy Gilbertson, being fi culy sworn, deposes and says that on September 9, 1994 he serv d the attached Notice of Hearing on the followinq named person by placing a true and correct copy thereof in an envelope addressed s follow: , horas Keith Potts 549 Wentworth Avenue inneapolis, Minnesota 55409 (which is the last known ddresses of said person) and depositing the same, with postage pre aid, in the United States mails at Saint Paul, Minnesota. / � ��� .� ' / T / ROY GILBERT50N ✓ Subscribed and sworn to b fore me this 19th day of July, 19 4. ; - `= � �� -�,- ` Nota'ry Public � n f�f�NM�yW�Vy� s I ''� KR�ST�!,'q �, VANHORN �.y '�'OTARY?tl3���.N����ESOTA �• a��-• CC.'tiTv � v r . � I'/T 2 x�-/ a . � A4�� � OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMBNTAL PROTF.CI'ION Robert Kessler, Direcwr Cl'I'Y OF SAINT PAUL I IICENSE ANU Telephone: 612-266-9100 Norm Coleman, Mayor INSPEG7TONS Facsimile: 612-266-9124 350 St. Peter Smet Suiu 300 Saint Paul, Minnesota SS102 September 15, 1994 1- I Re: Currency Licens Application Intl Currency E change 981 Payne Avenu Dear Sir/Madam: This is to inform yo that the City has received the state license application f the above applicant for a currency license at the above named location. Minn. Stat. §53A.04 nd Chapter 381 of the Saint Paul Legislative Code req ire a hearing if the Council is going to disapprove the ap lication. The evidence at this hearing will determine wheth r there are grounds to deny the application or not. Such a hearing will be held on Wednesday, Septemberl28, 1994, 9:30 a.m. at the Ramsey County Courthouse, R om 42, lower level, 15 W Rellog Boulevard, in the Ci y of Saint Paul. All interested perso s will be permitted to testify as required by the stat te. If you have any questions, please contact Christine Ro ek at 266-9114 for more information. Sincerely, Robert Ressler, Dire tor Office of License, I spections and Environmental Pr tection cc: Philip B. Byrne, Assistant City A torney �XN�►3ii 3 .:. , qy -�seg . . . .,:.. r . . . . ..�.. • DIST 5 PLANNING COUNCIL East de Nbrhd Dev Cncl Arlington Hi11s Library RICK MONTOUR, PRES Jan M lock, Director Librarian 1595 PAYNE AVE 907 P ne Avenue 11Q5 Greenbrier Street ST PAUL MN 55101 Saint aul, MN 55101 Saint Paul, MN 55106 Dist 5 Planninq Council Payne cade Bsns Assn Pastor Steve Ronningen Sue Vanelli-Dimond, CO Direc r 1214 EARL ST , 1014 Payne Avenue P 0 B �6934 SAINT PAUL MN 55106 Saint Paul, MN 55101 Saint aul, MN 55106 ° Editor LARRY SODERHOLM Case Payne Comm Cncl Sunrise Distr t Planner Ray Sammons, Sec P 0 Box �6767 1100 ity Hall Annex 1205 Westminster St 3aint Paul MN 55106-0767 Saint Paul, MN 55101 East Sector Police Senat r Randy Relly ELLEN ANDERSON Commander Minne ta Leqislature SENATOR 699 East 7th Street State Capitol G-27 G27 STATE CAPITOL Saint Paul, MN 55106 Saint Paul, MN 55155 SAINT PAUL MN 55155 EAST SIDE AREA BUS ASSN ItIM H TER ANN TINNUCI ANDERSON 707 PARTN RS MINNEHAHA AVE 907 P YNE AVE ST PAUL MN 55106 ST PA L MN 55101 q���S� paTiCE OF PUBLICC LHEAR�Q ��� �� AFFIDAVIT OF PUBLICATION , l�pplicatiog�f Intl Cnrrency EscLaage ' at 981 Payae Avenne � ___.._. - State o Minnesota Otfice oi Aam�nistrati�e H�°��s Coun of Ramsey on behslf oi the OOUNCII. OF TpE :CITY O�' $AII�T PAUL .. PLEASE TA�KE NOTIG`E that testimony Samue E. Lewis, Jr., being duly swom, on oath says that he is the publisher otthe , will, -.be ti�tn, from. interested persona newsp er lflirnvn as the Saint Pau1 Lega1 Ledger and has full lmowledge of the facts ' #nciudlRq thWt in the •cmtaluaity with respeFt to the apPllaation of Ramse9 Financtal which e stated below: to operate a curnaty exchanBe by license issued ssnder Minn• Stst• 9g$A• ro � �q� � newspaper has complied with all of tlie requirements constituting Minn. Stat. �5SA,04 nquir lication by the or. disapproval of the state app as qualifled newspaper, as provided by Minnesota Statute 331A.02, 331A.07, g ��ag yoay, afcer pubilshed�n �e an other applicable laws, as axnended. � „�„ go aays .sites . application. The t►eutng �ill ��� ������ (B) Th printed z�otiee of „�ublie hearinq ;�d°`i°iatsat�v�` �� 1"�8 on txt►atf of w 1s attached was cut from the columns of said news and was rirtted OfficEof Adm�afatrattve HeAr►ngs. PaP�' P ��e c�„actt,ot� tt�e city ot saint paut• Hts or an publLshedonce;itwaspublishedon Tuesday ,the ,� nport, and recommendaUon for action. '�1 be fcraarded to the Councll for its final d8 f September , 19 9 4; and printed below is a copy of the lo�ver aceton. cas alphabet from A to Z, both inclusive, which is hereby acknowledged as Date of PnbHc Heariat be the size and kind of type used in the composition and publicarion of said , WedneadaY. Septemixr 28. 1994 no e: ' Tlme: 9:30 a.m. ' Locatioa. oi Pablic He�rints ` Raslsey County Courthonse , abcdefgh�klmnopqratuvwxyz Room 42. Lower �levard f i5 West KeAogg � St. Paul, Minnesota 55102 lea�e call If you have any questions, p ��tin� Royeg, Oftice of License. Inspecttons and Eavtronm�ntal Pr°t�ctioa, at 266•9114. (Sept. 13) � te a s ST. PAUL LEd/1I» `LEDQER s s a s � ' Subs d and sworn to before me this 13 th day of S e Dt emb er . 19�� � • �_ NOTA Y PUBL� E — MiNHES�TA • �.;� WASHINGTON COtJN�Y My Comm. fxpires hl� 15, 19i6 • � Rate Inf rion (1) claeslfied rate paid by commercial users for comparable apace is S��a (2) um rate allowed by law for the above publlcaUon Se 8 5 7. 6 2 (3) Rate ctually charged for the above publication is $ 5 �. 1 � �xH � g�r H T ��. r � �� ; 9y-tsW°► � , 53A.01 CURRE EXCHANGES 1288 �� �' :� ' �' � CHAPTER 53A �� � 3 CURRENCY EXCHANGES 3 � 53A.01 Definiti s. 53A.07 Fiiing of fees; unreasonable fees. � 53A.02 Licenx.' S3A.08 Bond. _ 53A.03 Applicat n for license; fees. 53A.081 Annual report and investigations. � 53A.04 Approv or denial of an 53A.09 Powea; limitations; prohibitions. applicat' n. 53A.10 Violations. � 53A.05 Change f name, ownership, or 53A.11 Books of account; annual report. � :� location 53A.12 Rules. 53A.06 Fine, su nsion, or rcvocation of 53A. t 3 Fee notice; false advertising; � lianse. penalty. . ' J 53A.01 DE NITTONS. Subdivi ion 1. Currency exchange. "Currency exchange" means any person, except �� a bank, trus company, savings bank, savings and loan association, credit union, or � industrial lo n and thrift company, engaged in the business of cashing checks, drafts, � money orde , or travelers' checks for a fee. "Cunency exchange" does not include a i ��, person who rovides these services incidental to the person's primary business if the y I charge for e shing a check or draft does not exceed $1 or one percent of the value of "' the check o draft, whichever is greater. �� I Subd. Commissioner. "Commissioner" means the commissioner of commerce. !r, ;� : History 1989 c 247 s 1 '" { 53A.02 LI ENSE. i�� �, Subdiv ion 1. Requirement. A person may not engage in the business of a currency jj'. exchange hout first obtaining a license from the commissioner. Not more than one �! place of bu ness may be operated under the same license, but the commissioner may � i issue more t an one license to the same licensee upon compliance by the applicant with I, ; all the pro sions of this chapter for each new license issued. 1 Subd. . Distance limitadon. No license may be issued or renewed under this chap- j ter if the pl ce of basiness to be operated under the license is located or proposed to ` � be located 'thin one-half mile of another licensed currency exchange. The distance ,_� limitation i posed by this subdivision is measured by a straight line from the closest ; points of t closest structures involved. �` i Subd. . Prohibition. A licensee may not contract with another person or business entity to m nage the currency exchange business. This subdivision does not prohibit the license from employing persons to operate a currency exchange facility. Histo : 1989 c 247 s 2; 1992 c 504 s 2 i 53A.03 PLICATION FOR LICENSE; FEES. CAY�IE(/II�E� � S� ��P�`L � (a) An application for a license must be in writing, under oath, and in the form prescribed nd fumished by the commissioner and must contain the following: (1) th full name and address (both of residence and place of business) of the appli- cant, and i the applicant is a partnership or association, of every member, and the name and usiness address if the applicant is a corporation; (2) th county and municipality, with street and number, if any, of all currency exchange 1 cations operated by the applicant; and (3) th applicant's occupation or profession, for the ten years immediately preced- ing the ap ication; present or previous connection with any other cunency exchange in this or a y other state; whether the applicant has ever been convicted of any crime; and the na ure of the applicant's occupancy of the premises to be licensed; and if the applicant i a partnership or a corporation, the information specified in this paragraph must be s plied for each partner and each officer and director of the corporation. If C�Hi r; i1 � Ay—t5�q � s 1289 I � CURRENCY EXCHAIVGFS 53A.05 ' the applicant is a partnership or a nonpublicly l eld co oratio fied in this paragraph must be re uired of eac � n, the information speci- � 9 partner and each officer, director, and stockholders owning in excess of ten percent o the corporate stock of the corporation. (b) The application shall be accompanied y a nonrefundable fee of $250 for the review of the initial application. Upon appro 1 by the commissioner, an additional license fee of $50 must be paid by the applicant s an annual license fee for the remain- der of the calendar year. An annual license fee f$50 is due for each subsequent calen- .� dar year of operation upon submission of a li ense renewal application on or before ; December 1. Fees must be deposited in the st te treasury and credited to the general fund. Upon payment of the required annual li ense fee, the commissioner shall issue = a license for the year beginning January 1. I � (c) The commissioner shall require the ap icant to submit to a background inves- - tigation conducted by the bureau of criminal a prehension as a condition of licensure. � As part of the background investigation, the bu au of criminal apprehension shall con- � duct criminal history checks of Minnesota reco s and is authorized to exchange finger- ;' prints with the Federal Bureau of Investig tion for the purpose of a criminal background check of the national files. 1'he co t of the investigation must be paid by the applicant. � :-. � �• (d) For purposes of this section, "applica I " includes an employee who exercises ,z `' management or policy control over the compan , a director, an officer, a limited or gen- �- eral partner, a manager, or a shareholder holdin more than ten percent of the outstand- ; ing stock of the corporation. � � History: 1989 c 247 s 3; 1992 c 504 s 3 I +� �� 53A.04 APPROVAL OR DENIAL OF AN I PLICATION. � � (a) Within 30 days after the receipt of a c mplete application, the commissioner shall deny the application or submit the applic tion to the governing body of the local � unit of government in which the applicant is lo ated or is proposing to be located. The _; commissioner may not approve the application ithout the concurrence of the govem- ;� ing body. The governing body shall give publi ed notice of its intention to eonsider the issue and shall solicit testimony from int ested persons, including those in the � community in which the applicant is located or proposing to be located. If the govern- � ing body has not approved or disapproved th issue within 60 days of receipt of the application, concunence is presumed. The co issioner must approve or disapprove � the application within 30 days from receiving t e decision of the governing body. The governing body shall have the sole responsibili y for its decision. The state shall have i no responsibility for that decision. : (b) If the application is denied, the commi sioner shall send by mail notice of the denial and the reason for the denial to the ap licant at the address contained in the application. If an application is denied, the ap icant may, within 30 days of receiving the notice of a denial, request a contested case h aring pursuant to chapter 14; provided that if the denial is based upon the refusal of th governing body to concur the govem- ing body must afford the applicant a hearing. he applicant shall have no right to the hearing provided for in this section if the den I is based upon the governing body's refusal to concur but shall have a hearing befo e the governing body. (c) This section applies to initial applicati ns and renewal applications. � (d) The state shall have no responsibility r the action of the governing body. History: 1989 c 247 s 4; 1992 c 504 s 4 . 53A.05 CHANGE OF NAME, OWNERSHI , OR LOCATION. Subdivision 1. Name or locadon. If a licens e proposes to change the name or loca- tion of any or all of its currency exchanges, t licensee shall file an application for approval of the. change with the commissione The commissioner shall not approve a change of location if the requirements of secti ns 53A.02, subdivision 2, and 53A.04 have not been satisfied. If the change is appro ed by the commissioner, the commis- �� f ..', �� � 1�� �. t� 3 E� ; �� � I 290 : � �, � 53A.05 CURREN EXCHANGES � �! sioner shall is e an amended license in the licensee's new name or location. A$50 fee � � must be paid or the amended license. � f` Subd. 2. wnership. The licensee shall notify the commissioner 30 business days � ` in advance o any change in ownership of the currency exchange. The commissioner a " may revoke t e cunency exchange license if the new ownership would have resulted - � in a denial o the initial license under the provisions of chapter 53A. `; � History: 989 c 247 s 5; 1992 c 504 s 5 ; � 53A.06 FIN , SUSPENSION, OR REVOCATION OF LICENSE. (a) The mmissioner may suspend or revoke any license under section 45.027 if the commiss' ner finds that: (1) the 1' ensee has failed to pay the annual license fee or to maintain in effect the required bon or to comply with any order, decision, or finding of the commissioner under Laws 989, chapter 247; (2) the 1 ensee, or any officer or director of a corporate licensee, has violated any provision of ws 1989, chapter 247, or any rule or order of the commissioner under this chapter r chapter 45; (3) the censee, or any officer or director of a corporate licensee, has violated any other law w ich would indicate that the person is untrustworthy or not qualified to operate a cu ency exchange; or � (4) any act or condition exists which, if it had existed at the time of the original i or renewal a plication for the license, would have warranted the commissioner refusing ? the issuanceiof the license. � (b) A li ense may not be revoked until the licensee has had notice of a hearing pur- � suant to the provisions of chapter 14. j (c) A li ensee may sunender any license by delivery to the commissioner. The sur- i render does ot affect the licensee's civil or criminal liability for acts committed before � the surrend r, or affect the liability on the bond required by this act, or entitle the ; licensee to return of any part of any license fee. � (d) Be re suspension or revocation of the license, the commissioner may fine a � licensee for violations of Laws 1989, chapter 247, as authorized under chapter 45. + Histo : 1989 c 247 s 6 ! � 53A.07 F ING OF FEES; UNREASONABLE FEES. i Subdi sion 1. Approval of fees. Fees charged at each location for check cashing ser- � vices must e filed with and approved by the commissioner. � Subd. . Amendment of fees. A licensee may amend its fees at any time by filing the propos d amendments with the commissioner. The application for amendment shall be in riting, under oath, and in the form prescribed by the commissioner. A fee I � of $50 sha accompany the application. The commissioner shall approve or deny the applicatio 60 days after the filing of a complete application to amend its fees. Subd. 3. Standards; unreasonable fees prohibited. The commissioner may disap- prove the es filed by a currency exchange if they are not fair and reasonable. In deter- mining w ether a fee is fair and reasonable, the commissioner shall take into considera on: (1) r es charged in the past for cashing of checks by those persons and organiza- tions pro ding check cashing services in the state of Minnesota; (2) t income, cost, and experience of the operations of currency exchanges exist- ing prior this enactment or in other states under similar conditions or regulations; (3) t e amount of risk involved in the type of check to be cashed and the location where the eurrency exchange operates; (4) t e general cost of doing business, insurance costs, security costs, banking fees, and othe I costs associated with the operations of the particular currency exchange; . Q'yrl� • 1291 CURRENCY EYCH�INGES 33A.11 (5) a reasonable profit for a currency exchang operation; and (6) any other matter the commissioner deems ' ppropriate. The commissioner shall set a separate rate, consis ent with the above standards, for checks issued by a government entity in an amoun up to $500 to be cashed by a cur- rency exchange. History: 1989 c 247 s 7 I � t , 53A.08 BOND. Before a license may be issued to a currency ex ange, the applicant shall file annu- ally with and have approved by the commissioner surety bond, issued by a bonding company authorized to do business in this state i the principal amount of $10,000. The bond must run to the commissioner and is fo the benefit of creditors of the cur- rency exchange for liability incuned by the curren exchange on money orders issued or sold by the currency exchange, for liability inc rred by the currency exchange for ' sums due to a payee or endorsee of a check, draft, money order left with the currency �, exchange for collection, and for liability incurred y the cunency exchange in conneo- $ tion with providing currency exchange services. The commissioner may require a licensee to file a bond in an additional amount if e commissioner considers it neces- �- sary to meet the requirements of this section. In d termining the additional amount of � the bond which may be required, the commission r may require the licensee to file its :� financial records, including all bank statements, p rtaining to the sale of money orders � for the preceding 12-month period. In no case ay the bond be less than the initial � �. $10,000 or more than the outstanding liabilities. �; History: 1989 c 247 s 8; 1992 c 504 s 6 � � 53A.081 ANNUAL REPORT AND INYESTI TIONS. • x Subdivision 1. Annual report. On or before arch 1, a licensee shall file an annual � report with the commissioner for the previous c endar year. The report must contain information that the commissioner may reason bly require concerning, and for the � purpose of examining, the business and operatio of each licensed currency exchange. �. Subd. 2. Invesdgadon. The commissioner y at any time and shall at least once �- in each year investigate the currency exchange bu iness of any licensee and of every per- son, partnership, association, and corporation e gaged in the business of operating a i cunency exchange in the manner provided und r section 45.027. Subd. 3. Fees and expenses. The licensee s 11 pay the costs of an examination or �' investigation in the manner provided under sec ion 60A.03, subdivision 5. � History: 1992 c 504 s 7 53A.09 POWERS; LI�ITTATIONS; PROHI TIONS. A cunency exchange may not accept money r cunency for deposit, or act as bailee or agent for persons, firms, partnerships, associ tions, or corporations to hold money or currency in escrow for others for any purpo . However, a currency exchange may act as agent for the issuer of money orders or t avelers' checks. History: 1989 c 247 s 9 53A.10 VIOLATIONS. Any person, firm, association, paRnership, r corporation that violates Laws 1989, chapter 247, shall be guilty of a misdemeanor. History: 1989 c 247 s 10 53A.11 BOOKS OF ACCOUNT; ANNUAL PORT. The licensee shall keep and use in the lice see's business the books, accounts, and records that will enable the commissioner to d ermine whether the licensee is comply- ing with the provisions of Laws 1989, chapter 247, and with the rules adopted by the �� . q �_�� #�. "33i; gt ; t; J sy, 53A.11 CURRE. � EXCHANGES 1292 � Fy: ��; commission . A licensee shall preserve the books, accounts, and records for at least g two years af r making the final entry. History: I1989 c 247 s 11 �� 53A.12 R ES. �� The co missioner may adopt rules under chapter 14 as may be necessary to I� administer d enforce this chapter. History 1989 c 247 s 12 � A.13 FE NOTICE• FAISE ADVERTISING; PENALTY. ` a 53 , f� Subdivi ion 1. Fee norice. The fees charged by currency exchanges for rendering �� any service uthorized by this act must be prominently displayed on the premises of E� the currenc exchange in the fashion required by the commissioner. ;� Subd. False advertising. A licensee may not advertise, print, display, publish, �� j distribute, broadcast any statement or representation that is false, misleading, or �� deceptive, that omits material information. '_ � Subd. . Civil liability; penalty. A person who violates any subdivision of this chap- ter is liable the person damaged by the violation for actual damages. The couR may '� ? award reas able attorney fees and costs. 'i ! Histo 1989 c 247 s 13 � j 53A.14 [ epealed, 1992 c 504 s 8] , j �1 i i i { i � 1 ; { , , � i 1 � � � � � A � r ' � 169 CURRENCY EXCHANGES 53A.03 CHAPTER A � CURRENCY EXC ANGES � 53A.03 Application for license; fees. i ' S3A.03 APPLICATION FOR LICENSE; FEES. ' (a) An application for a license must be in "ting, under oath, and in the form prescribed and furnished by the commissioner an must contain the following: (1) the full name and address (both of residen and place of business) of the appli- cant, and if the applicant is a partnership or ass ciation, of every member, and the name and business address if the applicant is a c rporation; (2) the county and municipality, with street nd number, if any, of all currency exchange locations operated by the applicant; an (3) the applicant's occupation or profession, f r the ten years immediately preced- ing the application; present or previous connectio with any other currency exchange in this or any other state; whether the applicant h ever been convicted of any crime; and the nature of the applicant's occupancy of th premises to be licensed; and if the applicant is a partnership or a corporation, the inf rmation specified in this paragraph must be supplied for each partner and each office and director of the corporation. If the applicant is a partnership or a nonpublicly held corporation, the information speci- fied in this paragraph must be required of each pa ner and each officer, director, and stockholders owning in excess of ten percent of th icorporate stock of the corporation. (b) The application shall be accompanied by ' nonrefundable fee of $250 for the review of the initial application. Upon approval y the commissioner, an additional license fee of $50 must be paid by the applicant as n annual license fee for the remain- der of the calendar year. An annual license fee of $ 0 is due for each subsequent calen- dar year of operation upon submission of a licen renewal application on or before September I. Fees must be deposited in the state easury and credited to the general fund. Upon payment of the required annual licen fee, the commissioner shall issue a license for the year beginning January 1. (c) The commissioner shall require the applic t to submit to a background inves- tigation conducted by the bureau of criminal appre ension as a condition of licensure. As part of the background investigation, the bureau f criminal apprehension shall con- duct criminal history checks of Minnesota records d is authorized to exchange finger- prints with the Federal Bureau of Investigatio for the purpose of a criminal background check of the national files. The cost o the investigation must be paid by the applicant. (d) For purposes of this section, "applicant" i cludes an employee who exercises management or policy control over the company, a irector, an officer, a limited or gen- eral partner, a manager, or a shareholder holding m re than ten percent of the outstand- ing stock of the corporation. History: 1993 c 354 s 1 =�EF'-1'?-1'�+'�!-1 1 c� 5�� FF'CiY�I �= I T'r' GF ' T F'HI_IL L I EF' TG '? 4?�'r,r,� F. i u=t�' t=i 1' : _ , a4 ` �� • � STAT� OF MINNESOTA ) ) I55. AFFIDAVIT OF SERVZC� BY IL COUNTY 0�' RAMSEX ) Troy Gilbertson, being fi st culy swozn, deposes and says that on Septer,�ber 9, 1.994 he ser ed �he attached Nota.ce of Hearing on the fol�owinq named person b placing a true and correct copy thereof in an envelope addressedlas follow: Tho;^;s Kei�h Potts I4 54 9 S,'entworth Avenue t�iinr�eapolis, Minnesota 55409 (tahich is the last known addresses of said person) and depositing �he same, with pos�age pr paid, in the United States mails at Saint Paul, M�nneso�a. � ' � ��/^�- ��' / TROY GzLBERTSON � ,� � Subscribed and sworn to �efore me this 19�h Gay of ,7uly, I994. , I ; ; �, � � . ,� i � -�-, , � ��_ � Notary Pub ic I y � I . ���,� KRiST��;A L 4 ANHORN ` 2 j .;�.r y ^�CTi.�`.Y i 'I.�:.{C•IfIA1�CC�f� < _'L �C�. V S . � � � . � '=;EF'-1'?-1'?'�-1 1 �.: �r� FF'Ctl�I �= I T'r' OF ' T F'HI_IL L 1 EF' TO �? 4�+�r.r,� F i u=i? i=i 1, � OFr1C� OF L]CE?�5�, I?�SFECC10� A.1D ���1� � E;.'�':;.G�?•lETTAl. F•ROTF.CTIOy Rohcrr f;c<s;tr, Dircck�r CTTY OF SAINT PA�Z, IJCEI+'SE.i.'�D 7rl�phor.e: 6J2•:f5•91G� ,�.'orn+ Co;tmon, A4ayor INSP�C770A'S Facsim;:e: 612-366•91_ y SQ St. Pcur Strtct Sui:c : (�7 Sclnr Paul, Mir✓.eto:.� SS10? — — September 9, 1994 i 1 homas Keith Potts 4��9 �Vent���orth Ave�Zu Tiinneapolis, I�linnesota 55409 Re: Cu�rency Eachan e Liccnse Application Dear A'Ir. Potts: The City of Saint Paul ffice of License, Inspeetions and En��ironmental Protection has recei��ed otificuUOn from t��e Minnesota Department of Commerce of }�our curr ncy e�:change licer�se applicatioii for Trztl Currency E�chanae Ine at 9S 1 Payne Avenue. �Zinn. Stat. 553A.04 re uires t_.��e a�proval or disapproval of the state application by the loc go��ernfn� body after publistzed notice and hearing. The hearing �tzll be co I ducted by an administrative law jud�e asz behalf of the Ccuncil of the C ty of Saint Paul. The hearing ���11 be held «'ednesday, SeptembE 28, 199� at 9:30 a.m. in the R.amsey County Courtho�se, room �2, 15 �'�'est Kello� I3oule��ard, Saint Paul, :�linnesota. Xour attendance at th' heari��� is e��tzemely important, especially if any adverse testimor.y is p esented to which ��ou �� to r�spoild. The SaiIZt Paul L,egis� ive Code Sectio�� 381.02{C) directs the license applicaszt to pay a fee o the City co��ering the costs of ddministering and processing the cunren y eachange application. The fee for this application is $155.0 and must be paid �y (� 5) days of t}ze receipt of this letter. The Code urther requires the applicant to reimUurse the City for its costs in condu ting th� hearing(s) prescribed by State Law. You ��zll be billed for thos costs after the hearing(s). '=;EF'-1'=+ ����+:1 1�.: �.r� FF'OY'1 �= I T'r' CiF ' T F'i=-�l_IL L I EF' T�=1 '�+�4'�+��,r,�. F• , Git=�4 ' �_� 1� . qy -�sbg I For your eorn�enience, a opy of t1�ae notice of heal as ���ell as the City Ordinance Section 381 h s beEn ez�elosed. If you ha��e any questions, please contact Christine ozek at 26G-9 � 14. Sineerely, i / Robert Kessler, Director Office of License, Inspec ons �nd En��ironmental Prot ction Enclosure cc: Philip B}-rne, A.ssi ant City Attorney . � � � .