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94-1570 - ' Council File # q� ORIGINA �/ Green Sheet # 01 ��.� / ESOLUTION CITY OF S INT PAUL, MINNESOTA �, Presented By Referred To Committee: Date 1 2 RESOLVED, that the curren exchange license application by Gordon Peterson 3 III, dba Ramsey Financial, for the p emises located at 577 University Avenue in Saint 4 Paul, is recommended for approval. Minnesota Statute §53A.04 requires the approval or 5 disapproval of the state application y the local governing body. 6 7 This Resolution and t e action taken above are based upon the proceeding 8 before the Administrative Law Judg , the documents and exhibits introduced therein, the 9 testimony offered by and on behalf f the licensee during the Council hearing on 10 October 26, 1994, and the deliberat' n of the Council in open session. The Council 11 adopts the findings of fact and conc sions of law of the Administrative Law Judge 12 contained in his Report. The Repor of the ALJ is incorporated in and made part of this 13 resolution. 14 15 A copy of this resolution, as dopted, shall be sent by first class mail to the 16 Administrative Law Judge and to t licenseholder. In addition, a copy of this resolution 17 as adopted shall be delivered by th Office of Licenses, Inspections and Environmental 18 Protection to the Minnesota Co sioner of Commerce. Y__� Nays Abs nt Requested by Department of: a e �T arris —�` rimm uerin � e ar e man une BY� Form Approved by City Attorney Adopted by Council: Date � y ,, Adoption Certified by Council Secret y g �, /�-7-�f� f BY� �- n��'� Approved by Mayor for Submission to Approved b� Ma r: Dai� �'� Council �, a �.� By : a�r -r��a : DEPARTMENT IC NCIL Ni pTE (�I � ��+ O v� c�t Cauncil. 10 10/94 GREEN SHEE'T CONTACT 6 Q DEPARTAAENT DIRE ❑ CITY COUNCiI � � I I Nanc Anderson �[] cmrarroRw�r � cmc��c � MU3T I ACiEND1► BY (DA ) :� BU0C3ET DIRECTOH � FIN. & MOT. SERVK�B DIR. :�T�$�R 2b r : �.�� ❑ MAVdi (OR A�ISTAN'� � � TOTAL #� OF SKiNATURE PAOES {CUP lL LOCATIONS FOR SIQNATURE) � �crwN �uu�srEO: . Approval of currency exchange licens application by Gordon Peterson III, dba Ramsey � Financial, 577 University Avenue. � ; i � WECOMMENDATIONS: Approve (A) a�(R) P 80MAL �lRVICE CONTRACTS MU�'f AI�MIER T1iE FOtLOYY1Md OUESTIOqS: � _ PLANNINO COAAMI8810N _ CIVII SERVICE COMMISSION 1. Has U�Is psrroNNrm sver worked under e coMract for tFNs dpartment? i YES NO _ cis c�ARr¢e — 2. ►�es mis psrton�nm, eve► bssn a cny emplo�rse? ! — � — YE3 NO i _ DISTRICf COURT _ 3. Does ihis psteONFtrm posesss e akill not �mrnaBY Po�s�ad b!I enY Current pMY s�oy�s4 � BUPPORTB VYNIpi COUI�IL OBJECTIVE4 YE6 NO 1 E Min.pit �ns �n�w�n on s�peraa �M�t �nd atbch to qrNn rhNt � i INITIATINQ PROBLEM. ISSUE. OPPORTUNITY (YVho. What. When. Whero� WhYY i . t RE�EI� oc �� . r r�� l�R� � � - �7��1 1 ADVANTAGES IFAPPROVED: f 1 ! i j I � I 1 1 I DIBADVANlY1�iE31F APPROVED: i � _ COtltiCll R8S8SYt�i �g�' i F ; , OCT 10 �994 I , � , . � D13ADVANTAOE8IF NOT IIPPROVED: I 1 � I t � � f � ' � TOTAL AMOUNT OF TRAN8ACTION = C08T/RHVENUE BUDGETED (CIRCtE ONE) YES NO FUNDING SOURCE ACTIVITY NUMBBR FINANClAL INFORMATION: (EXPLAIN) � F NOTE: COMPLETE OIRECTIONS ARE 1N��JN�t��(�REEN. SHEET INSTRUCTIONAL : MANUAL AYAiLABLE IN THE PURC}�INC� Q�iCE'(PHONE NO. 298-4235j. ,ti ROUTING OROER: Bebw a►e cwnect routlrqs for the Nve moat lrequent hiD�s a doeximents: CONTRACTS (asa�mes aut►wrizsd M�dyet sxists) COUNCIL RESOlUTION (Amsrb Budpstt/Me'.ep� (iru�ts) t. Outside Agerro�► t. Departmerit Direc�or . 2. Department Director 2. Budget Dir�tor 3. City Attorney 3. City AtOomey • 4. Mayor (for contracis over 575,000) 4. Meyor/Assiatant • 5. Human RigMa (tor ca�Macts over 550,000) 5. Ciy Coundl 6. Finance and Management Servicea Oiroctor 6. Chie( Acoamtant, Fa��oe and Nlanapement Serviaes � 7. Fl�ance Accflunt�ng . � ADMINISTRATIVE ORDERS (Bud4et Revision) COUNCIL RESOLUTION (aN ofh�r8. end Ordinetx:�s) 1. Activity Ma�eger 1. Department Dkector 2. Department AceountaM 2. Ctty Attorney 3. Departmant DueCtor 3. Mayor Assistant 4. Budget Directa 4. City CounGl 5. City Cierk 6. Chfet Accountant, FlnanCe and Management Se�s ADMINISTRATIVE OR�ERS (all others) 1. Department Directar . 2. Ciry Attorney 3. Finance and Management Services Dinector 4. City Clerk TOTAL NUMBER OF SI(3NATURE PAGES Indicate the #�ot pagea on which signatureffi aro requtred and papueUp or fi�p uch o! tMs� papes. � ACTION REOUESTED Describe what the pro�ect/reque�t•aeeks to axompliah in eHher chronologf- cal oMer or ordsr of importar�e, wMchever fa rtaat appropriete for the isaue. Do not write complete sentences. Bsgin each item in your list with a verb. RECOMMENDATIONS Complete it the iasue in question has been presented betore any body, public or private. ; SUPPORTS WHICH COUNCII OBJECTIVE? Indicate which Councit obJective(s) your p►o�scUre4ueat supports by listing the key word(s) (FfOUSiNG, RECREATION, NEIGHBORMOODS, ECONOMIC DEVELOPMENT, BUDGET, SEWER SEPARATION). (SEE COMPLETE UST IN INSTRUCTIONAL MANUAL.j : PERSONAL SERVICE CONTRACTS: This informaifon wiN be wed to determine the city's IiabGity for worksrs compensation clafms, taxes a� propsr civfl ssrvks Mrinp rulss. INITIATING PROBLEM, ISSUE, OPPORTUNITY Explain Me situation or conditbns that croated a need for ypur project or request. ;s � ADVANTAGES 1F APPROVED 1 Indicate whether thia i8 simply an annual budgst procedure requirod by Iaw! � charter or whether there are speci� ways in whk�h the Clty of Saint Peul a�d its citizens will beneflt irom this projecf/�tlon. � DISADVANTAGES IF APPR(3VED f tNhat negative eHecta or major changes to existMg or pasi processes might ; � this project/request produce H it is passed (e.g., t�aHic dslaya. noise. tax increases or assessments)? To Whom4 When� Far how long? �� DISADVANTAl3ES IF NOT APPROVED i'. What will be the negative consequances if the prorr�ised action ls not approved? inability to deiiver servk:e9 Contlnued high uatfic, noise, � acdde�t rate? Loas of revenue? ' FFNANCIAL IMPACT Although you must taibr the infcxmation you provtde here to the issue you !� are,addressing, in ge�ral you must answer two quesUons: How much is it gang to cost? Who is goMp to pey? � i � ':� � ;� qy�-l5`�� STA I E OF MINNESOTA 3:��`�� `•Q, OFFICE OF DMINISTRATIVE HEARINGS 100 Wa ington Square, Suite 1700 100 ashington Avenue South Minneap lis, Minnesota 55401-2138 ��18fi6� . � €�. �a.,�! � � �� F�. 2�� l C 5 1994 � �, October 3, 1994 I �,� ; � : w�� '��'� � Philip B. Byrne Check Express Assistant St. Paul City Attorne 1532 West University Avenue 400 City Hall and Courthouse , 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 RE: In Re: The Curren Exchange License Applications of: Ramsey Financial, 577 Univer ity Avenue, St. Paul, Minnesota 55104; Check Express, 1532 West Un versity Avenue, St. Paul, Minnesota 55104; and International Currenc Exchange, 981 Payne Avenue, St. Paul, MN 55101; OAH Docket No. -2101-9117-3 Dear Parties: Enclosed herewith and serv upon you by mail is the Administrative Law Judge's Findings of Fact, Concl sions and Recommendation in the above-entitled matter. Enclosed to Mr. Byrn � is the official record. Our file in this matter is now being closed. Sin erely, , �- /' ,C l � I � 2G� / HOWARD L. KAIBEL, JR. Administrative Law Judge Telephone: 612/341-7608 HLK: 1 c I .� Providing Impartial arings for Government and Citizens An Equ I Opportunity Employer Administrative Law Section & Administrative Services 612) 341-7600 � TDD No. (612) 341-7346 � Fax No. (612) 349-2665 i q4-�s�o STATE OF MINNESOTA> )ss COUNTY OF HENNEPIN> I AFFIDA IT OF SERVICE BY .S. MAIL Laurie L. Clos, being fi�st duly sworn, hereby deposes and says that on the 3rd day of October, 1994I� at the City of Minneapolis, county and state aforementioned, she served t e attached Findings of Fact. Conclusions and Recommendation• OAH Docket . 5-2101-9117- by depositing in the United States mail at said City of IMinneapolis, a true and correct copy thereof, properly enveloped, with fir class postage prepaid, and addressed to the individuals named herein: Philip B. Byrne Check Express Assistant St. Paul City Attorn y 1532 West University Avenue 400 City Hall and Courthouse � St. Paul, Minnesota 55104 15 West Kellogg Boulevard i St. Paul, Minnesota 55102 International Currency Exchange Ramsey Financial 981 Payne Avenue 577 University Avenue i St. Paul, MN 55101 St. Paul, Minnesota 55104 � � Laurie L. C os Subscribed and sworn to before e this 3rd day of October, 1994. �"1 I Notar P� ic . ' LAVON EGAN NOTARY PUBLI MINNESOTA HENNEPI COUNTY My Comm. Expir , Jan. 31 2000 ■ I �k.�. � � �n o 5-2101-9117-3 TATE OF MINNESOTA OFFICE F ADMINISTRATIVE HEARINGS FOR THE CITY OUNCIL OF THE CITY OF ST. PAUL In Re: The Currency Exchange icense Applications of: Ramsey Financial � 577 University Avenue FINDINGS OF FACT, St. Paul, Minnesota 55104; CONCLUSIONS AND RECOMMENDATION Check Express i 1532 West University Avenue St. Paul, Minnesota 55104; and � International Currency Exchange 981 Payne Avenue St. Paul, MN 55101 � The above-entitled matter on for hearing before Administrative Law Judge Howard L. Kaibel, Jr.,lon September 28, 1994 in the Ramsey County Courthouse. The record closed t the conclusion of the scheduled hearing. Philip B. Byrne, Assistant�City Attorney, City of St. Paul, 400 City Hall and Courthouse, 15 West KellogglBoulevard, St. Paul, Minnesota 55102, appeared on behalf of the City of St.l Paul. The Applicants appeared on their own behalf, without benefit of coun el. This Report is a recommen ation, not a final decision. The Council of the City of St. Paul will make he final decision after a review of the record which may adopt, reject or m dify the Findings of Fact, Conclusions, and Recommendations contained herei . Pursuant to Minn. Stat. § 14.61, the final decision of the City Council sh 11 not be made until this Report has been made available to the parties to the proceeding for at least ten days. An opportunity must be afforded t each party adversely affected by this Report to file exceptions and present argument to the City Council. Parties should contact Council of the City oflSt. Paul, 310 City Hall, St. Paul, Minnesota 55102, to ascertain the procedu for filing exceptions or presenting argument. S ATEMENT OF ISSUE Should these applications for currency exchange licenses, under Minn. Stat. § 53A, be approved by he Council of the City of St. Paul, after published notice and hearing? I q�. --i5�o Based upon all of the p oceedings herein, the Administrative Law Judge makes the following: iFINDINGS OF FACT l. The Notice of Publi Hearing in this matter was served by the City of St. Paul on the Applicants n September 9, 1994, by certified mail. 2. In accordance with inn. Stat. § 53A.04 and Chapter 381 of the St. Paul Legislative Code, Robert essler, Director of the City Office of License, Inspections and Environmental'Protection, notified interested persons of the public hearing, scheduled for September 28, 1994, by publication on September 13, 1994, and by letter, on or about September 15, 1994. 3. There were no app arances, other than the appearances by the Applicants and the Assistant c ty Attorney, Mr. Byrne, at the scheduled public hearing. No testimony was ta n. The hearing was scheduled to begin at 9:30 a.m. After waiting until 9:50 a.m., for possible appearance by members of the public, the undersigned, the pplicants, and Mr. Byrne concurred that there was no need to take testimony or to otherwise proceed with a formal hearing. Mr. Byrne submitted the City�s exhibits, indicating that he had not been contacted by any interested pe sons after the issuance of the Notice of Public Hearing and that the applicati ns were in order. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Council of the C ty of St. Paul and the Administrative Law Judge have jurisdiction in this matt r pursuant to Minn. Stat. § 14.50-14.67 and the St. Paul Legislative Code, §§ 10.05 and 310.06. 2. The City of St. Pa 1 has fulfilled all relevant substantive and procedural requirements of law nd rule. 3. The Ci ty of St. Paul has gi ven proper noti ce of the heari ng i n thi s matter including proper notice in accordance with the requirements set forth in Minn. Stat. § 53A and § 381 f the Legislative Code of the City of St. Paul. 4. The Applicants have ully complied with the application requirements specified by law. 5. No members of the pub ic have opposed the applications for licensure. Based upon the foregoing onclusions, the Administrative Law Judge makes the following: -2- , q�-�5�� RECOMMENDATION IT IS RESPECTFULLY RECOMM NDED that the Council of the City of St. Paul approve the currency exchange 7icense applications of Ramsey Financial, Check Express and International Curre cy Exchange. Dated this 3rd day of October, 1994. . D L. K E R. dministrative Law Judge NOTICE Pursuant to Minn. Stat. § 14.62, subd. 1, the agency is required to serve its final decision upon each rty and the Administrative Law Judge by first class mail. -3- q� �(5rlo OFF7CE OF LICENSE, INSPECTIONS AND EIJ�7IRONMENTAL PROTECTION � Robert Kesskr, Direcwr C1TY OF SAINT PAUL ZICENSE AND Tckphone: 612-266-9100 Norm Coleman, Mayor 1NSPEG770NS Facsimik: 612-266-9I24 350 SY. Peur Smet Suiu 30t7 Saint Paul, Minnesota SS102 W� � �� September 28, 1994 SE P 2 8 1994 Gordon Peterson III 939 Charles Avenue Saint Paul, Minnesota 5510 � Re: Application for Curren y Exchange License for the premises located at 577 University Av � nue, Saint Paul Dear C �Y� Please take notice that a he �' on the re ort of the Administrative Law b P - Judge concerning your appli ation for a currency exchange license has been scheduled for 3:30 p.m. October 26, 1994 in the City Council Chambers, Third Floor, Sain Paul City Hall and Ramsey County Courthouse. '� You have the o ortuni to e exce tions to the re ort with Nanc PP tY P P Y Anderson, Assistant Secre , to the City Council, at any time during normal business hours. You ay also present oral or written argument to the Council at the Hearing. I No new evidence will be received or testimony taken at this hearin . The Council will base its decision on the record of the proceedings befo e the Administrative Law Judge and on the arguments made and exce tions filed, but may depart from the recommendations of such Jud � e as permitted by law in the exercise of its judgement and discretion. '� Sincerel y, Robert Kessler, Director Office of License, Inspection an I Environmental Protection cc: Philip Byrne Christine Rozek Nancy Anderson '�, _ � qc�_15�Io � OFFICE OF LICENSE, INSPECTIONS AI�'D ENVIRONA4ENTAL PROTECTION Robert Kessler, Director Tele hone: 612-266-97 AO CTTY OF SAINT PAUL LICENSE AND p Norm Coleman, Mayor � lNSPEC770A'S Facsimik: 612-266-9124 3S0 St. Peur Srreet Suiu 30t� Saint Paul, Minnesow 55102 � I NOTI E OF PUBLIC HEARING Currency xchange License Application f Ramsey Financial at 77 University Avenue Office f Administrative Hearings ' on behalf of the COUIVCIL F THE CITY OF SAINT PAUL PLEASE TAKE NOTICE that t I stimony will be taken from interested persons, including those in the comm nity �-ith respect to the application of Ramsey Financial to operate a curren y e�change by license issued under Minn. Stat. §53A.02. Minn. Stat. 53A.04 re uires �the a roval or disapproval of the state § q PP application by the governing ody, after published notice and hearing, �uithin 60 days after receipt of the a plication. The hearing will be conducte by an administrative law judge from the Minnesota Office of Adminis ative Hearings, on behalf of the Council of the City of Saint Paul. His or he report, and recommendation for action, will be forwarded to the Council for ts final action. Date of Public He '�g: �'Vednesday, September 28, 1994 Time: 9:30 a.m. Location of Public H� arin : g Ramsey County Cou ouse : Room 42, Lower Leve � 15 West Kellogg Boul vard St. Paul, Minnesota 5 102 If you have any ques l ons, please call Christine Rozek, Office of License, inspections an Envir nmental Protection, at 266-9114. � ��IV IV STATE OF MINNESOTA ) ) ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF R1�MSEY ) Troy Gilbertson, being fi t duly sworn, deposes and says that on September 9, 1994 he serv d the attached Notice of Hearing on the following named person by placing a true and correct copy thereof in an envelope addressed s follow: I rd n Peterson III 0 0 39 Charles Avenue aint Paul, MN 55103 (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. A ` �'•� .! �• � � Y GILBERTSON Subscribed and sworn to b fore me this 19th day of July, 19 4. � ' � � �_' (��. -` . r ,� - �.-, , Notary Public a . ''"� KRISTINA L. VANNORN NOTARY PUBLIC-MINNESOTA DAKOTA COUNTY ':'Y �^mr„ission �xF;res Feb t2, 199A . , q� .-157D OFFICE OF LICEA`SE, INSPECI'IONS AIQD ENVIRONMENTAL PROTECTION Robert Kessler, Direcwr CITY OF SAINI' PAUL ZJCENSE .lND Tekphont: 612-266-9100 Norm Coleman, Mayor INSPEC770NS Facsimilt: 612-266-9124 350 St. Peur Street Suiu 300 Sainr Paul, Minntsota SS102 r.Y� September 9, 1994 Gordon Peterson III 939 Charles Avenue Saint Paul, MN 55103 Re: Currency E�change icense Application Dear Mr. Peterson: The City of Saint Paul Offi e of License, Inspections and Environmental Protection has received no 'fication from the Minnesota Department of Commerce of your curren y eachange license application for Ramsey Financial at 577 Universi A�-enue. Minn. Stat. §53A.04 requi es the approval or disapproval of the state application by the local go erning body after published notice and hearing. The hearing will be condu � ted by an administrative law judge an behalf of the Council of the City f Saint Paul. The hearing will be held Wednesday, September 2' 1994 at 9:30 a.m. in the Ramsey County Courthouse, room 42, 15 est Kellogg Boulevard, Saint Paul, Minnesota. Your attendance at this h aring is extremely important, especially if any adverse testimony is pres ted to which you wish to respond. The Saint Paul Legislative ' ode Section 381.02(C) direcfs the license applicant to pay a fee to e City covering the costs of administering and processing the currency e change application. The fee for this application is $155.00 an must be paid within (15) days of the receipt of this letter. The Code fu er requires the applicant to reimburse the City for its costs in conducting '�the hearing(s) prescribed by State Law. You will be billed for those cos 's after the hearing(s). , ` I "I `�' `��1 �� For your convenience, a c py of the notice of hearing as well as the City Ordinance Section 381 h been enclosed. If you have any questions, please contact Christine zek at 266-9114. Sincerely, Robert Kessler, Director � Office of License, Inspecti ns and Environmental Protec 'on Enclosure I cc: Philip Byrne, Assis t City Attorney : I ' I q4-�5'�a OFFICE OF LICENSE, INSPEGTIONS AND EIVVIRONMENTAL PROTEC.TION RobeK Kessler, Direcwr CTI'Y OF SAINT PAUL I IICENSE AND Telephone: 612-266-9100 Norni Coleman, Mayor INSPEG770NS Facsimile: 612-266 9124 3S0 St. Peur Street Suiu 300 Saint Paul, Minnesora 55102 September 21, 1994 To: Nancy Anderson �Y: 1Yoy Gilbertson � j Re: Currency Exchange The letter to the license h lders regarding the administrative hearings for the currency exchanges s ould have been copied to you. I neglected to do this, but will make sur to do so in the future. I have now sent you copies of the letter and no ce of hearing. Please put this information on the council agenda as a c mmunication. I will send you a copy of the second letter when it is se t to the license holders. cc: Phil Byrne Bob Kessler i a�- �� From: TroyGilbertso (GILBERTS) To: COUNCIL:NANCY Date: Monday, Septe er 19, 1994 10:57 am Subject: Currency Exch'nge License Renews Nancy, I would like to confirmlthat the hearings for the 3 currency exchanges have been pro erly listed on the council agenda. The exchanges are; Intl Cur ency Exchange at 981 Payne Avenue, Ramsey Financial at 577 Univer ity Avenue, and Check Express at 1532 west University Avenue. I have already schedule an Administrative hearing for September 28 at 9:30 in room 42 i the courthouse. This hearing has been published in the Legal edger. This hearing has not been listed in the council agenda-D es it need to be? I would like to have ad d to the council agenda a council hearing/review of the A inistrative hearing results. I would like this put on the co cil agenda for October 26. Please advise me if this is do . Thank you. I �'x I a��5�a C TY OF SAINT PAUL N rm Coleman, Mayor ADMINISTRATIVE LAW HEARIN IN THE MATTER OF THE LICEN E APPLICATION OF RAMSEY' �IN CIAL 577 UNIVERSITY AVENUE SAINT PAUL, MN 55104 CITY'S EXHIBITS Notices: 1. Notice of Hearing letter to ordon Peterson(6 pp.). Attachments include: Notice of Public Hearing Chapter 381, Legislative Code , 2. Affidavit of service by mail f r Peterson letter. 3. Notice of Hearing letter to i terested persons (2 pp.). 4. Affidavit of Publication, Sep ember 13, 1994. Statute: 5. Minn. Stat. ch. 53A (6 pp.). I q��i5n� , OFFICE OF LiCE�SE, iT:SPECTlO�S /+1�D ET.1'IROTTlE1.TAL PROTECTl0�1 Ro6cn x'eratcr, Direc�or C�� OF SA,�r Pa�, UCEi�S£.tl�D Tikphonc: 612•?66-9101� 1�'orr� Cotrmon, Moyo� 11�SPEC770AS �otsfmi4: 612-266�D134 3S0 St. Prur Ssrcr� Sufu 300 Sainr Paui, Minncroso SS)02 ��.: , September 9, 199� Gordon Peterson III 939 Charles A�•enue Saint Paul, r�1 55103 Re: Currency Exchange L cer.se Application Dear A7r. Peterson: The City of Saint Paul Offic of License, Inspections and Em�ironmental Protection has recei��ed no ication from the A�innesota Department of Commerce of �•our currenc exchange license application for Ramsey Financial at 57? L'ni�•ersity A��enue. r'iinn. Stat. �53A.04 requir s L�e appro��al or disappro��al of the state application by the local go�• rning Uody atter published natice and hearing. The hearing «zll be conduc ed by an administrati�•e la�v judge an behalf of the Council of t�ze City o S�int Paul. The hearing wzll be held ��'ednesday, September 28, 199� at 9:30 a.m. in the Ramsey Cnunty Courthouse, room 42, 15 � Est Kellog,g IIoulevard S2:�I1t P�UI '�'finnesota. Your attendance at this he 'ng is e� important, especially if any ad��erse testimony is �rese ted to which }�ou wish to respond. The Saint Paul Legislative ode Section 381.02(C� direcfs the license applicant to pay a fee to th City covering the costs of administering and processing the currency ex hange application. The fee far this application is $155.00 and must be paid within (15) days of the receipt of this letter. The Code furth r requires the applicant to reimburse the City for its costs in conducting e hearing(s) prescribed by State Law. You will be billed for those cost after the hearing(s). � �X H�ri� T / �- a� �� For your corn•enience, a co cf the notice of hearing as «•ell as the Cii�r Ordinance Section 381 has een enclosed. If you have arly questions, please contact Christine Ro e�: at 266-9114. Sincerely, Robert Kessler, Director Office of License, Inspectioi and Em�ironmental Protecti n Enclosure cc: Philip B�-rne, Assist City Attorney A�-�5�0 OFFICE OF L10E�SE, L,SP£CTI0�5 AJ�D fi�'�'IFOT�TlEtiTAL PROTEC?ION R�bcn Krrrtcr, D+recwr CITY OF SA]NI' PAUL LCEI�SE A.�D Ttltphont: 612•:66•9100 1�'orm Colcman, Mcyor i1�SPEL7701�S fuufn�tle: 612•266-y1:t 350 St. Peut Strttt Suita 3(3t� Satnr Pouf, Mirvusow SS702 `„�^'�`''...� 1�TOTICE F PUBLIC HEARII�'G Currency Exc a.nge License Application of ..sey Financial at 577 tni�•ersity Avenue Office of A ninistrati�•e Hearings � o behalf of the COLT�'CIL OF I-;E CITY OF SAINT PAUL PLEASE TAKE r'OTICE that testi ony w-il1 be taken from interested persons, including those in the community'�i�th respect ta the application of Ramsey Financial to operate a currency e:n��ge by license issued under Aiinn. Stat. �53A.02. r2inn. Stat. §53A.04 requires the ppro�•al or disapproval of the state application by the go�•eming body after published notice and hearing, ��thin 60 da}'s after receipt of the applic tion. The hearing w-ill be conducted by administrati� la�v judge from the A4innesota Office of Administrati�• Yearings, on behalf of the Council of the City of Sa.int Paul. His or her rep rt, and recorr�mendation for action, �;zll be fon�•arded to the Council for its fi al action. Date of Public Hearing: \�'ednesday, SeptemUer 2$, 199� Time: 9:30 a.m. . Location of Public Hearin : Ramsey County Counhous : Roorn 42, Lo��•er Lerel 15 VVest Kellogg I3oulevard St. Paul, Minnesota 55102 If you hati�e any questions, lease call Christine Rozek, Office of License, inspections an Emzronmen Protection, at 26G-9114. g.��h �' ' �,j � �" `�" I � Chapter 3 1. Currency Exchanges Sec. 381.01. State licenselrequired; definition. No person shall engag in the business of a currency exchange in Saint Paul wit out a license as provided by Minnesota Statutes Chapter 53A. (C.F. No. 94-46, � 2, 2-2- Sec. 381.02. Procedures; h aring; fee. (a) Procedures. Upon eceipt of a completed application from the commissioner of commer e for either a new license or the renewal of an existing lic nse, the matter shall be referred to the office of license, ins ections and environmental protection for initiation of a hearin as required by state law within the period allowed for the res onse of the governinq body. The hearing shall be for the p rpose of taking testimony from interested persons, includ ng those in the community in which the applicant is located or is proposing to be located, as required by law, and upon grounds o issues as to which notice has been given in accordance with t e requirements of sections 310.05 and 310.06 of the Legislative ode. The said office shall publish and give notice as required by�law. (b) Hearing. The hear ng shall be held before an independent hearing examiner in confo ity with the provisions of sections 310.05 and 310.06 of the L gislative Code, and the rules of the office of administrative h arings, to the extent such rules are not in conflict with secti ns 310.05 and 310.06. (c) Fee; costs. The a plicant shall pay, within fifteen (15) days following receipt of he application by the city, a fee covering the costs of admi istering and processing the application in an amount t be established in conformity with the procedures in section 310. 9(b) of the Legislative Code. The applicant shall also reimb rse the city, within fifteen (15) days following action by the ci y council on the application, for its costs in conducting the he ring 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- 4) Sec. 381.03. Grounds for d sapproval, etc. (a) Disapproval. The ouncil may by resolution disapprove an application and, if so, sh 11 state therein its reasons for so doing. It may adopt in who e or in part the findings of fact and conclusions of law of the 'ndependent hearing examiner and may amend the same to conform o its decision on the record and the �7� y�'9� N� /� a� � �� testimony. Notice of the d sapproval may be communicated to the commissioner of commerce b fore the effective date of any such resolution where necessary to avoid a presumption of concurrence. (b) Grounds for disap�roval. Disapproval of an application may be based on one (1) or more of the following grounds, in addition to any other grou d allowed by law: (1) Violation of any provision of the state currency exchange law con ained in Chapter 53A. (2) Any one (1) or m re of the reasons, conditions, or standards for ad erse action under section 310.06 of the Legislative ode. (3) Failure of the a plicant to pay the city fee and costs prescribed above (4) (i) The locatio of a new currency exchange as proposed wo ld cause siqnificant adverse consequence or impacts upon the neighborhoods within thre hundred (300) feet of the exchange. Such antici ated effect must be shown by clear and convincing vidence. (ii) The existin currency exchange has caused significant adverse consequences or impacts upon the neighbo hoods within three hundred (300) feet of the exch nge. (5) Failure of the a plicant to agree to reasonable conditions upon he operation of the business in accordance with he procedures in section 310.05 and the grounds of 3 0.06. Such conditions could include, but are not limi ed to, hours of operation, off-street parking requirem nts, bonding in an amount greater than that required by state law, and annual audits at the licensee's expen e. (6) The applicant is not of good moral character and repute and/or is unfit o 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 he business for which a new currency exchange license is sought is within one-half mile of an existing curr ncy exchange licensed by the state. (10)) The applica t or its proposed business location does not co ply with applicable zoning, building, � � A� �� fire and he lth codes. (c) Persons and corpo ations. If an applicant is a partnership, the applicati n may be denied if there is a basis for denial as to any partn r. If the applicant is a corporation, the application may be den ed if there is a basis for denial as to any (i) shareholder hol ing more than five (5) percent of the outstanding or issued stoc of the corporation, or (ii) officer or director of the corpora ion, or (iii) employee of the enterprise having policy o management control over the enterprise. (C.F. No. 94-46, § 4, 2-2- 4) Sec. 381.04. Definitions. The following words a d/or phrases shall have the following meaning when used in this hapter and in Chapter 310 of the Legislative Code. (a) Applicant. The te " applicant " includes persons, partnerships, firms and co porations and all other forms of business ventures. It also includes employees who exercise management or policy contr 1 over the enterprise, general and limited partners, sharehol ers of more than five (5) percent of the outstanding or issued hares of a corporation, and corporate managers, officers and dir ctors. (b) Application. The erm " application " includes applications for both new nd renewal licenses. (c) License. The term " license " refers to the state currency exchange license rovided for in Minnesota Statutes Section 53A.02. (d) Currency exchange The term " currency exchange " is defined in Minnesota Statu es Section 53A.01, subdivision 1. Currency exchange means an person, except a bank, trust company, savings bank, savings and oan association, credit union, or industrial loan and thrift company, engaged in the business of cashing checks, drafts, mo ey orders or travelers' checks for a fee. Currency exchange doe not include a person who provides these services incidental o 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- 4) ..--.,. �� STATE OF MINNESOTA ) ) SS AFFIDAVIT OF SERVx,�E F�Y 1�IL COUNTY OF R.AMSEY ) Troy Gilbertson, being first culy sworn, deposes and says that on September 9, 1994 he served he attached Notice of Hearinq on the following named person by pl cing a true and correct copy thereof in an envelope addressed as 'ollow: Gor'on Peterson III 939 Charles Avenue Sai t Paul, MN 55103 (which is the last known add esses of said person� and depositing the same, with postage prepa'c, in the United States m�ils at Saint gaul, Minnesota. .� �'� �. � •�2QY GILBERTSON �•� Subscribed'and sworn to befo e me this 19th day of July, 1994. f � � � � � ' ('�„ ` �' :....� Notary Pu lic x �,�,� Mv�nnn� +� �"� KRISTINA L. YANHORN NOTAAY Pt18UC•M!h'hESOTA DAKpTA CCU!:TY ' ••'1 •" -"�ssian �x�:res Fah +2.'9eo �"�CN/ r,'lr � . . . a�.�. ��,d OFFICE OF LICBNSE, INSPEGTIONS AND ENVIRONMENTAL PROTECfION Robert Keaskr, Director C1TY OF SAIN'f PAUL !lCENSE ANU Telephone: 612-266-9100 Norm Coleman, Mayor INSPEC170NS Facsimile: 612-266-9124 350 Sk Peter Street S1au 300 Saint Paul, Minnesota 55102 September 15, 1994 1- Re: Currency License pplication Ramsey Financial 577 University A enue Dear Sir/Madam: This is to inform you that the City has received the state license application o the above applicant for a currency license at the above amed location. Minn. Stat. §53A.04 a d Chapter 381 of the Saint Paul Legislative Code requ re a hearing if the Council is going to disapprove the app ication. The evidence at this hearing will determine whethe there are grounds to deny the application or not. uch a hearing will be held on Wednesday, September 8, 1994, 9:30 a.m. at the Ramsey County Courthouse, Ro m 42, lower level, 15 W Rellog Boulevard, in the Cit of Saint Paul. All interested person will be permitted to testify as required by the statu e. If you have any questions, please contact Christine Roz k at 266-9114 for more information. Sincerely, Robert Ressler, Direc or Office of License, In pections and Environmental Pro ection cc: Philip B. Byrne, Assistant City A torney ��.H��,r � ��,. ,-�.�. � . A�--16� Rep Andrew J Dawkins North E Area Revitlzn Northwest Sector Police Minnesota Legislature Dan Bar olomay, Dir Commander 371 State Office Bldq 1061 Ri Street 615 W University Ave Saint Paul, MN 55155 Saint P 1, MN 55117 Saint Paul, MN 55103 Dist 7 Planning Council CASA Capitol Area Ping Brd Renrie Williams, CO Urban L dreman Room 204 Admin Bldg 369 University Ave �201 1184 Po land Ave South Sherburne Ave Saint Paul, MN 55103 Saint P l, MN 55104 • Saint Paul, MN 55155 Midway Chamber of Comm DIST 7 NING COUNCIL MIRE DARGER Ms Elin Skinner, Ex Dir DENISE RIS, PRES UNIVERSITY UNITED 2383 University Av �200 786 VAN UREN AVE 2383 UNIVERSITY AVE #200 Saint Paul, MN 55114 SAINT P L MN 55104 ST PAUL MN 55114 DAVE HAUGLAND Dist 7 anninq Council Senator Sandra Pappas UNIVERSITY UNITED Joanne oley, Exec Dir Minnesota Legislature 1754 UNIVERSITY AVE W 369 Uni rsity Ave �201 State Capitol G-24 ST PAUL MN 55104 Saint P l, MN 55103 Saint Paul, MN 55I55 Rice/Marion Res Assoc ELLEN I �ERSON THOMAS DALE BLOCK CLUB K D Steward, President SENATOR 689 N DALE 195 Edmund Office G27 STA CAPITOL ST PAUL MN 55103 Saint Paul, MN 55103 SAINT P L MN 55155 HOPE MELTON DISTRIC PLANNER � 1100 CHA , q� � ��a �ar�s or� pvsr.ic eawRnra curreac� Farogaate Licease AppScation of Ramsey Financial at AFFIDAVIT OF PUBLICATION 677 Uaiversity Aveane , Office of Admiaistrative IIeariags State of esota oa behalf of the COUNCII. OF County of ey THL CITY OF SAWT PAUL PLEASE TAKE NOTICE that testimony Samuel E Levvis cjr., being duly sworn, on oath says that he is the publisher of the will be taken from interested persons, including those in tt,e community with newspa lmownastheSaintPaulLegalLedgerandhasfulllrnowledgeofthefacts respect to the appllcaUon of Rac�sey F�nancial �,�ch az StRted belOR►: to operate a currenty exchange by license issued under Minn. Stat. �53A.02. Minn. Stat. �53A.04 requires the approval (p) �e ewspaper has complied wlth all of the requirements constituti�g or disapproval of the state application by the � a ali$ed news a , as rovided Minnesota Statute 331A.02, 331A.0�, governing tiody, after published notice and p� P � hearing within so aays after receipt of the and er applieable laws, as amended. application. , The hearing will be conducted by an i �pt1C2 Of LibllC hearix� administrative law Judge from the Minnesota (B) 1�1C tCtl p g Offlce of Administrative Hearings: on behal�' of ' �,�,� � a �� cut from the columns of said newspaper and was printed Che Council of the City of Saint Paul. His or ' her report, and recommendauon for action, I aztd blishedonce; itwaspublishedori Tuesday �{� 13th alll be forwarded to the Councll for its final �y Septeznber , 19 9 4; and printed below is a copy of the lower accion. case phabet from A to Z, both inclusive, which is hereby acluiowledged �s � Date of Pablic Heariat: , Wtdnesday. September 28 iss4 ' , bein the size and kind of type used in the composirion and publication of satd Time: 9:30 a.m. � riOti : Locatioa of Pnbtic He�ria�: � Ramsey County Courthouse Room 42, Lower Level , abedefghiJWmnopqratuwvxyz 15 West KeAogg Boulevard ,Si. Paul, Mlnnesota 55101 �If you have any questlons, please call iChrlstine Rozek, OfHce of License, Insp�ctinns ' �and Environmental RrotectWn, at 266-91�14. (Sept 1S) �� s� s. S'P.. PAtJI. LEQAL L�DCiEIt s� s: � Subscri edandsworntobeforemethis 13thdayof , Septembe�l9 � . � �, C. M. lEWl5 NOTARY PUBLIC—ANNNFSpTA i. WASHiNGTON COUNTY � My comm. ExaKes Mar ts. tsss r • Rate I rmatlon (1) Low t claeslfied rate paid by commercial users for comparable space is $�� (2) M um rate allowed by law for the above publlcarion is 8 5 �. 6 2 cs� Rac actually charged .for the above publication is $ 5 O .10 �1cNl$iT y . 3' _ '. � ' k s � t t ..2. } � '71#- .. � � . . . . . _. � .. � . ..� � . . � ... . . . .., � q��l�n� . � ;; .�: � r 53A.01 CURREN E.YCHAtiGES 1288 �� „ � t: � � ;� ;.. ; CHAPTER 53A - �� CURRENCY EXCHANGES . ,1; } Y � �n .. 53A.01 DefimUOn I 53A.07 Filing of fea; unreasonable fees. ;' � � 53A.02 Licrnse. 53A.08 Bond. :;�; 53A.03 Applicatio for licenu; fces. 53A.08 t Annual rcport and investigations. ; s-� 53A.04 Appro�al y denial of an 53A.09 Powers; limitations; prohibitions applicatio . 53A.10 Viotations. ��' ' S3A.05 Change o ame, ownership, or 53A.1 l Books of account; annual report. :.° ` ` location. i 53A.12 Rules. �� -' S3A.06 Fine, sus nsion, or revocation of 53A.13 Fee notice; false advertising; �`'' licenu. I penalry. � �E� .y < �'' � 53A.01 DE i�1TITOIV`S. �� Subdivis n 1. Currency exchange. "Currency exchange" means any person, except ,.. `, ; - a bank, trust icompany, savings bank, savings and loan association, credit union, or "�:� ' industrial lo and thrift company, engaged in the business of cashing checks, drafts, money order , or travelers' checks for a fee. "Currency exchange" does not include a person who rovides these services incidental to the person's primary business if the ;':' charge for c hing a check or draft does not exceed $1 or one percent of the value of ;',',: the check or raft, whichever is greater. Subd. 2 Commissioner. "Commissioner" means the commissioner of commerce. �� History: i 1989 c 247 s 1 53A.02 LI E\SE. Subdivi ion 1. Requirement. A person may not engage in the business of a currency exchange wi hout first obtaining a license from the commissioner. Not more than one place of bus ness may be operated under the same license, but the commissioner may issue more t an one license to the same licensee upon compliance by the applicant with all the prov sions of this chapter for each new license issued. Subd. . Distance limitarion. No license may be issued or renewed under this chap- ter if the pl ce of business 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. Subd. . Prohibition. A licensee may not contract with another person or business entity to nage the currency exchange business. This subdivision does not prohibit ' the license from employing persons to operate a currency exchange facility. ;; ! i j' ; Histo •: 1989 c 247 s 2; 1992 c 504 s 2 ;;., ;� 53A.03 PLICATION FUR LICENSE; FEES. CAYGI�UI � S� �N'SrP�`� � 45', (a) A application for a license must be in writing, under oath, and in the form �r: prescribed land fumished by the commissioner and must contain the following: i;�, ',:� (1) th full name and address (both of residence and place of business) of the appli- •� cant, and i the applicant is a paRnership or association, of every member, and the �i name and usiness address if the applicant is a corporation; ��' (2) t county and municipality, with street and number, if any, of all currency '� exchange cations operated by the applicant; and ,� (3) t applicant's occupation or profession, for the ten years immediately preced- �� &; ing the a lication; present or previous connection with any other currency ezchange � in this or ny other state; whether the applicant has ever been convicted of any crime; and the n ture of the applicant's occupancy of the premises to be licensed; and if the applicant s a partnership or a corporation, the information specified in this paragraph must be pplied for each partner and each officer and director of the corporation. If ' ��l�i��T S� � qy��5'1 1289 CURRE\CY E�C HA.W C � 53A.05 - • . . - the a lica p nt is a artne P rshi or . P a non . P pubhcly he I d co oration _ fied in this paragraph must be required of each artner and each office� d ie and stockholders owning in excess of ten percent of t e corporate stock of the corporation. - - (b) The application shall be accompanied b a nonrefundable fee of $250 for the review of the initial application. Upon approva by the commissioner, an additional license fee of $50 must be paid by the applicant an annual license fee for the remain- der of the calendar year. An annual license fee o$50 is due for each subsequent calen- dar year of operation upon submission of a lic se renewa! application on or before - - December 1. Fees must be deposited in the stat treasury and credited to the general fund. Upon payment of the required annual lic nse fee, the commissioner shall issue a license for the year beginning January 1. (c) The commissioner shall require the appl ant to submit to a background inves- - tigation conducted by the bureau of criminal ap rehension as a condition of licensure. ` As part of the background investigation, the bure u of criminal apprehension shall con- � duct criminal history checks of Minnesota recor and is authorized to exchange finger- prints with the Federal Bureau of Investiga ion for the purpose of a criminal � background check of the national files. The cos of the investigation must be paid by � the applicant. � '� (d) For purposes of this section, "applicant includes an employee who exercises - :.� management or policy control o�•er the company a director, an officer, a limited or gen- �- eral partner, a manager, or a shareholder holding ore than ten percent of the outstand- ing stock of the corporation. i � ;.� � -- Histon•: 1989 c 247 s 3; 1992 c 504 s 3 � ��} 53A.04 � OR DEti � ;, L�L OF .�i:\ A I PLIC:�TION. � �� (a) Within 30 days after the receipt of a co plete application, the commissioner �j �i shall deny the application or submit the applica ion to the governing body of the local � unit of government in which the applicant is loc ted or is proposing to be located. The ;� commissioner may not approve the application �ithout the concurrence of the govern- � ;� ing body. The governing body� shall give publis ed notice of its intention to consider � �� the issue and shall solicit testimony from inte sted persons, including those in the , � , community in which the applicant is located or i proposing to be located. If the govem- ' ing body has not approved or disa � � pproved the ssue within 60 da��s of receipt of the � � application, concurrence is presumed. The com issioner must approve or disapprove � the application within 30 day�s from receiving t decision of the go� body. The � , governing body shall have the sole responsibilit for its decision. The state shall have �' � no responsibility for that decision. _� (b) If the application is denied, the commi ioner shall send by mail notice of the denial and the reason for the denial to the ap icant at the address contained in the application. If an application is denied, the app cant may, within 30 days of receiving the notice of a denial, request a contested case h ring pursuant to chapter 14; provided that if the denial is based upon the refusal of th governing body to concur the govern- ing body must afford the applicant a hearing. T e applicant shall have no right to� the hearing provided for in this section if the deni I is based upon the governing body's refusal to concur but shall have a hearing befo 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 C�L•1NGE OF NA1�fE, OWNERSHI , OR LOCATION. Subdivision 1. Name or location. If a licens proposes to change the name or loca- � tion of any or all of its currency exchanges, t licensee shall file an application for � �y approval of the. change with the commissioner The commissioner shall not a � a change of location if the requirements of secti ns 53A.02, subdivision 2, and 53A.04 �� have not been satisfied. If the chan e is a [? 8 ppro d by the commissioner, the commis- E_ �, i� }� _ a�-�t5�a ` � `J� � : y, ; I i� 53A.05 CURRE\ E.CCHAtiGES 1290 � � �''': sioner shall iss l e an amended license in the licensee's new name or location. A$50 fee '�: must be paid f r the amended license. � s j Subd. 2. wnership. The licensee shall notify the commissioner 30 business days -.-� .;r; in advance of ny change in ownership of the currency exchange. The commissioner � ;: � may revoke th cunency exchange license if the new ownership would have resulted s �4 � in a denial of e initial license under the provisions of chapter 53A. . ;� � History: 1 89 c 247 s S; 1992 c 504 s S : ;� � 53A.06 FIti SUSPENSION, OR REVOCATION OF LICENSE. �` (a) The c mmissioner may suspend or revoke any license under section 45.027 if �� the commissi ner finds that: �f 1 � i (1) the li nsee 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 ;� r under Laws 1 89, chapter 247; ;� � (2) the li 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 �n ; this chapter chapter 45; a� (3) the li ensee, or any officer or director of a corporate licensee, has violated any w; �; other law w ch would indicate that the person is untrustworthy or not quali ed to ;� : operate a cu ency exchange; or ` (4) any ct or condition exists which, if it had existed at the time of the original !� � or renewal a lication for the license, would have warranted the commissioner refusing [1 ;� ; the issuance f the license. ;� � (b) A li nse may not be revoked until the licensee has had notice of a hearing pur- :�' suant to the rovisions of chapter 14. : (c) A li nsee may surrender any license by delivery to the commissioner. The sur- ;; ' render does ot affect the licensee's civil or criminal liability for acts committed before the surrend , 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) Bef re suspension or revocation of the license, the commissioner ma}• fine a �� ; licensee for iolations of Laws 1989, chapter 241, as authorized under chapter 4�. '`' Histor� I 1989 c 247 s 6 �i ! ' ;;; ;;: ' 53A.07 FI I�iG OF FEES; li\"REASONABLE FEES. Subdiv 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 �' 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. 'f � Subd. . Standards; unreasonable fees prohibited. The commissioner may disap- a � i 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 '� considerat n: (1) ra es charged in the past for cashing of checks by those persons and organiza- � tions prov ding check cashing services in the state of Minnesota; ' a (2) th income, cost, and experience of the operations of cunency exchanges exist- �� ing prior this enactment or in other states under similar conditions or regulations; :� (3) t amount of risk involved in the type of cheek to be cashed and the location -� where the eurrency exchange operates; � (4) t general cost of doing business, insurance costs, security costs, banking fees, � and other costs associated with the operations of the particular currency exchange; � � � a�,.�5no - 129 CURRE\CY E\CHA.\GES 53A.11 = - - (5) a reasonable profit for a cunency exchange peration; and (6) any other matter the commissioner deems a propriate. ` - The commissioner shall set a separate rate, consiste t with the above standards, for checks issued by a government entity in an amount p to $500 to be cashed by a cur- _ - rency exchange. � History: 1989 c 247 s 7 = f ; 53A.08 BOND. � Before a license may be issued to a cunency exc nge, the applicant shall file annu- - ally with and have approved by the commissioner surety bond, issued by a bonding i company authorized to do business in this state in he principal amount of $10,000_ �� The bond must run to the commissioner and is for he benefit of creditors of the cur �, rency exchange for liability incurred by the currenc exchange on money orders issued � or sold by the currency exchange, for liability incu ed by the currency exchange for � sums due to a payee or endorsee of a check, draft, or oney order left wzth the currency � : exchange for collection, and for liability incurred b the currency exchange in connec- � tion with providing currency exchange services. e commissioner may require a a licensee to file a bond in an additional amount if t commissioner considers it neces- ;; sary to meet the requirements of this section. In de rmining the additional amount of - the bond which may be required, the commissione may require the licensee to file its financial records, including all bank statements, pe aining to the sale of money orders � for the preceding 12-month period. In no case m y the bond be less than the initial � $10,000 or more than the outstanding liabilities. j - Histon: 1989 c 247 s 8; 1992 c 504 s 6 = � � 53A.081 AtitiUAL REPORT AtiD I`�'ESTIG TIOtiS. • i; Subdivision 1. Annual report. On or before h1 rch 1, a licensee shall file an annual � report w•ith the commissioner for the previous cal ndar year. The report must contain � information that the commissioner may reasona ly require concerning, and for the � purpose of examining, the business and operation of each licensed currency exchange. �' Subd. 2. In�•estigadon. The commissioner m at any time and shall at least once � ; in each year investigate the cunency exchange bus ess of any licensee and of every per- �'_ `,• son, partnership, association, and corporation e aged in the business of operating a �` currency exchange in the manner provided unde section 4�.027. � Subd. 3. Fees and expenses. The licensee sh 1 pay the costs of an examination or � � investigation in the manner provided under sect n 60A.03, subdivision 5. � � Histo 1991 c 504 s 7 • � ry� ; 53A.09 PO��RS; LI`iITATIONS; PROHIB I IOtiS. A currency exchange may not accept money r cunency for deposit, or act as bailee or agent for persons, firms, partnerships, associ ions, or corporations to hold money or currency in escrow for others for any purpos However, a currency exchange may act as agent for the issuer of money orders or tr velers' checks. History: 1989 c 247 s 9 � 53A.10 VIOLATIONS. i Any person, firm, association, paRnership, corporation that violates Laws 1989, chapter 247, shall be guilty of a misdemeanor. i Histor�: 1989 c 247 s 10 '' S3A.11 BOOKS OF ACCOUNT; AN\'UAL PORT. r The licensee shall keep and use in the licen ee's business the books, accounts, and records that wtill enable the commissioner to de rmine whether the licensee is comply- ing with the provisions of Laws 1989, chapter 47, and with the rules adopted by the �`i�s:: ��-�� _ � 53A.11 CURRE� E.YCHANGES 1292 #: �; � commissioner I A licensee shall preserve the books, accounts, and records for at least � �;; two ears afte makin the final ent . fi: Y g rY �.�,; ; History: I 89 c 247 s I1 V . : -'� ° 53A.12 RUL . _ �; �- The com issioner may adopt rules under chapter 14 as may be necessary to administer a enforce this chapter. . '°' History: 989 c 247 s 12 ;�; :r, ; °� 53A.13 FEE NOTICE; FAISE ADVERTISING; PENAI.TY. ,;:� : �r " Subdivis n 1. Fee notice. The fees charged by currency exchanges for rendering �' : :� , any service a thorized by this act must be prominently displayed on the premises of :a : the currency xchange in the fashion required by the commissioner. �9' Subd. 2. False advertising. A licensee may not advertise, print, display, publish, distribute, o broadcast any statement or representation that is false, misleading, or ;� ; deceptive, or that omits material information. Subd. 3 Civil liability; penalty. A person who violates any subdivision of this chap- �' ter is liable t the person damaged by the violation for actual damages. The couR may award reaso able attorney fees and costs. History:11989 c 247 s 13 'i ;a 53A.14 [R pealed, 1992 c 504 s 8] � , , Y� iq ;d ' i' �: ;1 : ;Y i �i I I '� I �� + I '� ; ;� i f � !F � I (:- f; �a i 3 . :� a � . .� � I � � . , .i � - - -- 9 " . 6 R � P ! I. a� �i � � ! 169 CURREA'CY EXCHAtiGES 53A.03 CHAPTER 53 i CURRENCY EXCH I NGES 1 � 53A.03 Application for license; fees. i i 53A.03 APPLICATION FOR LICE\SE; FEES. I (a) An application for a license must be in wri ing, under oath, and in the form prescribed and furnished by the commissioner and ust contain the following: (1) the full name and address (both of residence nd place of business) of the appli- cant, and if the applicant is a partnership or asso ation, of every member, and the name and business address if the applicant is a co oration; (2) the county and municipality, with street a d number, if any, of all currency exchange locations operated by the applicant; and (3) the applicant's occupation or profession, for he ten years immediately preced- ing the application; present or previous connection ith any other cunency exchange in this or any other state; whether the applicant has ver been convicted of any crime; and the nature of the applicant's occupancy of the remises to be licensed; and if the applicant is a partnership or a corporation, the info ation specified in this paragraph must be supplied for each partner and each officer nd director of the corporation. If the applicant is a partnership or a nonpublicly held rporation, the information speci- fied in this paragraph must be required of each part er and each ofFicer, director, and stockholders owning in excess of ten percent of the rporate stock of the corporation. (b) The application shall be accompanied by a onrefundable fee of $250 for the review of the initial application. Upon approval b the commissioner, an additional license fee of $50 must be paid by the applicant as a annual license fee for the remain- der of the calendar year. An annual license fee of $� is due for each subsequent calen- dar year of operation upon submission of a license renewal application on or before September 1. Fees must be deposited in the state tr asury and credited to the general fund. Upon pa}�ment of the required annual licens fee, the commissioner shall issue a license for the year beginning Januarv 1. (c) The commissioner shall require the applica to submit to a background in��es- tigation conducted by the bureau of criminal appreh nsion as a condition of licensure. As part of the background investigation, the bureau criminal apprehension shall con- duct criminal history checks of Minnesota records a is authorized to exchange finger- prints with the Federal Bureau of 1n��estigatio ' for the purpose of a criminal background check of the national files. The cost of he investigation must be paid by the applicant. . ; (d) For purposes of this section, "applicant" in I ludes an employee who exercises management or policy control over the company, a d rector, an ofi'icer, a limited or gen- eral partner, a manager, or a shareholder holding mo than ten percent of the outstand- � ing stock of the corporation. � History: 199j c 354 s 1 � 1 i ' � i � i . , ,