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94-1571 - � Council File # �7�-� 'J 0 R I G I NA L Green Sheet # g�3 ESOLUTION CITY OF S INT PAUL, MINNESOTA � Presented By Referred To Committee: Date 1 2 RESOLVED, that the curre exchange license application by Cary D. Geller, 3 dba Check Express, for the premise located at 1532 West University Avenue in Saint 4 Paul, is recommended for approval. I 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 Jud , 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 usions of law of the Administrative Law Judge 12 contained in his Report. The Repo of the AL.J is incorporated in and made part of this 13 resolution. i 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 e 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 ssioner of Commerce. Yea Nays Ab ent Requested by Department of: a e � arris rimm uerin e ar e man une By� 1 ( Form Approved by City Attorney Adopted by Council: Date � � .. Adoption Certified by Council Secret ry B �, �Q B y� \ � Approved by Mayor for Submission to Approved by I�I� or: Date�� (( �I Couneil s �j ' S �� s y : y� a� �-c�i � DE CE/COUNCIL pp � O � O O �� , GiREEN SHEE , �. C i t y Coun� i l 1 0 1 0/ 9 4 n�mavanre iNmn ACT 3 PHONE � OER�RTMENT DIRE � CITY COIJNCiL �'° NSAC AAdEY'SOII � GITY ATTORNEY � CIT/ CLERK MUBT BE ON UNCIL AO ( ) q � � BUDfiET DIRECTO � FIN. 3 MO'f. SERVICES DIR. E�TOBER ZEs.,. 1994 °R � MnvoR coR �ssisr'wn � TOTAL # OF SIGNATURE PA�iES (CLI ALl LOCATIONS FOR SIQNATURE) � ACTION REWESTED: , Approva/of currency exchange license applicatioris by Cary D. Geller, dba.Check Express, � ." 1532 West University Avenue. , � ,` � ;:; RECOMMENDATIONS: Approw (A) a ReJsct (R) P RSONAL SERVICE CONTRACTS MU8T AI�WHR THE I�OLWMlIN�i QUE8T10!!8: � _ PLANNINfi COAAAAI8810N _ CIVIL 3ERVICE COMMISSION 1 H!6 tl1i8 penON►hm evM w0�d under e CaltraCt fOt dNs dlp�►tmentT _ C18 COMMITTEE _ YES NO ' 2 Has Mk pe►aonMirm ever besn a city employ�s? � _ STAFF — YES NO I _ oisrR�cr c�uar _ s ooes d�s wnonmrm possess a sku� not noRn�wy posseswd bY ury a,►nM ohy srnp�oyw4 j SUPPOR7S MIIi1CH COUNCIL OBJECTtVE? YfS NO � Idn NI y�s anw�n on asp�r�U slast u►d tlhob to qlwe sh»t � INITIATINCi PAOBLEM. ISSUE� OPPORTUNITY (Who. What. When. Whsn. WhY . I I f {i . f ADVANTAQES IF APPRONED: ; � � , . 1 1 . � + � j DISADVANTAOES IFAPPROVED: � Counc� F�searr,�t � i � � OCT l 0 ,9�4 ; . � , , � DISADVANTAOE8IF N07 APPROVED: i ! ! � � i � 1 � � i � E TOTAL AMOUNT OF TRAIr8ACT10N = COST/REVENUE BUDdETED (CIRCLE ONE) YES NO � � FUNDIHG 80URCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPI.AIN) ! ; 1 .� f � . NOTE: COMPIETE DIRfCTIONS ARE 1Nd.E�:�N�t3?iEEN 3HEET INSTRUCTIONAL MANUAL AVAILABLE IN THE PURCHA311�#�ICL (PFtONE NO. 298-4225�. " ROUTING ORDER: Beiow are corroct routln�s tor ths Nve most b�qu�nt t�as d doCUments: CONTRACTS (aasumes euthorized budqat sxis�) COUNG{L RESOL#JTION (M�snd 8udpiWAccspt. Cir�nb) 1. Outaide Agency 1. Department Director � 2. Department Director 2. Budget Drcector . 3. Ciry Att�ney 3. City Attomey 4. Meyor (for co�tracts over �15,000) d. MayoNAs�istant 5. Human Rights (for cor►tracts wrer i50,000) 5. Ciry Cou�al 6. Finance and Management Se�s Oiroctor 6. Chief Accountm�t, Finanoe and Manapert�ent Servioes � 7. Fi�r�ce Accoundng b ADMINISTRATIVE ORDERS (Budpst Fievision) COUNCIL RESOLUTION (a8.oth�n. �nd Orc�nances) 1. Activity Manager i. Depertment Director 2. Department AccountaM 2. City Attorney 3. Department Director 3. Mayor Assistent 4. Budget DirsCtor 4. City CounCil 5. City Clerk 6. Chiet Accountant, Flnanc�a a� ManagemeM Services ADMINISTAATIVE ORDERS (aQ others) 1. Department Director 2. Ciry Attorney 3. finance and Management Services Diroctor 4. Gty Clerk TOTAL NUMBER OF SIGNATURE PAGES 1ndicete the #ot pagea on which signatures aro raquired and papsrclip or flep �ach o! the�e ppes. ACTION REOUESTED Describe what the projecUrequest seeks to accomplish M sither chronologi- cal order or order oi importance, whichever is most appropriets for the iasue. Do not write compieta sente�. Begin sech item M your Ifst with a verb. RECOMMENDATIONS Complete ii the issue in questton has been presented beforo any body, public or private. SUPPORTS WH1CH COUNCIL OBJECTIVE? IndiCate which Councii objeCtive(s) your project/request st+pports by listing � the key word(s) (HOUSIN(9, RECREATION, NEIGHBORHOQDS, ECONOMIC DEVELAPMENT, �� BUDGET, SEWER SEPARATION). (SEE COMRLETE UST {N INSTRUCTIONAL MANUAI.) � ' PERSONAL SERVICE CONTRACTS: � Thia information wili be uaed to determine the cNyh IiabNity for workers compensatian claims, taxss end propsr dvil aetvk:e hirinq rulss. � ` INITIATINC3 PROBLEM, ISSUE, OPPORTUNITY � Explaln the situaUon or conditions that created a need for your project f or request. ! ADVANTAGES IF APPROVED Indicate whether this is simpiy an annual budget procedure required by law/ ; charter or whether there are specific ways in whfch the City ot Saint Paul and ita citi=ens will bsne8t from thia project/actfon. DISADVANl"AOES IF APPROVED What negative effects or major changes to existing w past processes might thfs projecVrequest produce if ft is paased (e.g., treHic dslsys, rwise, , tax increases or assessments)� To Whom? When? For how, long? DISADVANTAOES IF NOT APPROVED What will be the negative consequsnces it the promised action is not approved? Inabiliry to deliver service? Continued high traHic, rwise, accident rate? Loss ot revenue? FINANCIAL IMPACT Although you must tailor the informatbn you provide here fo the iasue you are,addressiny, in general you must answer two questi0ns: How much is it going to cost? Who is going to pay? q,�, �t�n 1 : •.i�O`;i o •.. . STA OF MINNESOTA �''•4�, OFFICE OF DMINISTRATIVE HEARINGS 100 Wa ington Square, Suite 1700 __ 100 ashington Avenue South `�i;i. .r. Minneap lis, Minnesota 55401-2138 � �.�.�: � � �! �� 1 C 5 1994 October 3, 1994 ��,4�� i v�� .�� ,. . 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 RE: In Re: The Curren y Exchange License Applications of: Ramsey Financial, 577 Unive sity 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. 5-2101-9117-3 Dear Parties: Enclosed herewith and ser d 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, � .� t �- � 'C�(. / HOWARD L. KAIBEL, JR. Administrative Law Judge Telephone: 612/341-7608 HLK: lc Providing Impartial earings for Government and Citizens An Eq al Opportunity Employer Administrative Law Section & Administrative Service (612) 341-7600 • TDD No. (612) 341-7346 � Fax No. (612) 349-2665 �� 15�11 STATE OF MINNESOTA> )ss COUNTY OF HENNEPIN) I AFFIDA IT OF SERVICE BY U. . MAIL Laurie L. Clos, being filrst duly sworn, hereby deposes and says that on the 3rd day of October, 199 I, at the City of Minneapolis, county and state aforementioned, she served Ihe attached Finding� of Fact. Conclusions and Recommendation• OAH Docket o. 5-2101-9117-3 by depositing in the United States mail at said City oflMinneapolis, a true and correct copy thereof, properly enveloped, with fir t 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 I St. Paul, Minnesota 55104 15 West Kellogg Boulevard St. Paul, Minnesota 55102 i International Currency Exchange Ramsey Financial i 981 Payne Avenue 577 University Avenue St. Paul, MN 55101 St. Paul, Minnesota 55104 j . � Laurie L. C s Subscribed and sworn to before this 3rd day of October, 1994.j � Notar P ic . ' LAVO REGAN NOTARY PUB - MINNESOTA HENNEPI COUNTY My Comm. es Jan. 31 2000 ■ � q� -��hl . 5-2101-9117-3 STATE OF MINNESOTA OFFICE F ADMINISTRATIVE HEARINGS FOR THE CITY COUNCIL 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 1532 West University Avenue St. Paul, Minnesota 55104; andl International Currency Exchang 981 Payne Avenue St. Paul, MN 55101 The above-entitled matte , came on for hearing before Administrative Law Judge Howard L. Kaibel, Jr. on September 28, 1994 in the Ramsey County Courthouse. The record closedjat the conclusion of the scheduled hearing. Philip B. Byrne, Assistan City Attorney, City of St. Paul, 400 City Hall and Courthouse, 15 West Kellog Boulevard, St. Paul, Minnesota 55102, appeared on behalf of the City of St Paul. The Applicants appeared on their own behalf, without benefit of cou sel. This Report is a recomme�dation, not a final decision. The Council of the City of St. Paul will make the final decision after a review of the record which may adopt, reject or odify the Findings of Fact, Conclusions, and Recommendations contained here n. Pursuant to Minn. Stat. § 14.61, the final decision of the City Council s all 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 o each party adversely affected by this Report to file exceptions and presen argument to the City Council. Parties should contact Council of the City o St. Paul, 310 City Hall, St. Paul, Minnesota 55102, to ascertain the proced re for filing exceptions or presenting argument. TATEMENT OF ISSUE Should these application for currency exchange licenses, under Minn. Stat. § 53A, be approved by the Council of the City of St. Paul, after published notice and hearing? • a� �is�� Based upon all of the roceedings herein, the Administrative Law Judge makes the following: � FINDINGS OF FACT 1. The Notice of Publi Hearing in this matter was served by the City of St. Paul on the Applicantsjon September 9, 1994, by certified mail. 2. In accordance with �nn. Stat. § 53A.04 and Chapter 381 of the St. Paul Legislative Code, Robert�Kessler, 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 o about September 15, 1994. 3. There were no ap earances, other than the appearances by the Applicants and the Assistant ity Attorney, Mr. Byrne, at the scheduled public hearing. No testimony was ta en. The hearing was scheduled to begin at 9:30 a.m. After waiting until 9:5 a.m., for possible appearance by members of the public, the undersigned, the Applicants, and Mr. Byrne concurred that there was no need to take testimon or to otherwise proceed with a formal hearing. Mr. Byrne submitted the Cit''s exhibits, indicating that he had not been contacted by any interested p rsons after the issuance of the Notice of Public Hearing and that the applicati ns were in order. Based upon the foregoin I Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Council of the ity of St. Paul and the Administrative Law Judge have jurisdiction in this mat er pursuant to Minn. Stat. § 14.50-14.67 and the St. Paul Legislative Code, §§ 10.05 and 310.06. 2. The City of St. P ul has fulfilled all relevant substantive and procedural requirements of la iand rule. 3. The City of St. Pau has given proper notice of the hearing in this matter including proper notic in accordance with the requirements set forth in Minn. Stat. § 53A and § 3811of the Legislative Code of the City of St. Paul. 4. The Applicants have Ifully complied with the application requirements specified by law. 5. No members of the pu lic have opposed the applications for licensure. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: -2- q�4 -15�1 I RECOMMENDATION IT IS RESPECTFULLY RECOM ENDED that the Council of the City of St. Paul approve the currency exchange license applications of Ramsey Financial, Check Express and International Curr ncy Exchange. Dated this 3rd day of October, 1994. . D L. E R. dministrative Law Judge NOTICE Pursuant to Minn. Stat. I 14.62, subd. 1, the agency is required to serve its final decision upon each arty and the Administrative Law Judge by first class mail. , -3- I q�4 �-15h1 OFFIC& OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTfiCI'ION Robert Reasler, Director CTI'Y OF SAINT PAUL IICENSE ANU Tdephont: 612-266-9100 Norno Coleman, Mayor INSPEC770NS Facsimik: 612-266-9124 350 St. Peur Strect SY�iu 300 Saint Paul, Minnesota 55102 __� � �'�gg�{�1 �;8it�6r September 28, 1994 ! SEP 2� 1�`�� Cary D. Geller I 501 Theodore Wirth Par ay, #414 Golden Valley, Minnesota 55422 Re: Application for Curr I ncy Exchange License for the premises located at 1532 West Uni 'ersity Avenue, Saint Paul Dear Cary: i _ Please take notice that a earing on the report of the Administrative Law � Judge concerning your ap lication for a currency e�cchange license has been scheduled for 3:30 p m., October 26, 1994 in the City Council Chambers, Third Floor, S' t Paul City Hall and Rainsey County Courthouse. You have the opportunity o file exceptions to the report with Nancy Anderson, Assistant Secre to the City Council, at any time during normal business hours. u 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 he ' g. The Council will base its decision on the record of the proceedings efore the Administrative Law Judge and on the arguments made and ceptions filed, but may depart from the recommendations of such udge as permitted by law in the exercise of its judgement and discretion. Sincerely, Robert Kessler, Director I Office of License, Inspectio and Environmental Protection cc: Philip Byrne I I Christine Rozek j �1Tancy Anderson I a�� OFFICE OF LICENSE, INSPECTIONS A1rD ENVIRONMENTAL PROTECTION Roben Kessler, Director CITY OF SAIN'r PAUL LCENSE �ND Telephone: 612-266-9100 Norm Coleman, Mayor INSPEC770NS Facsimile: 612-266-9124 3S0 St. Peur Srreet Suiu 300 Saint Paul, Minnesow 55102 �� September 9, 1994 Cary D. Geller 501 Theodore �'Virth Par ay, �414 Golden Valley, Minnesota 5422 Re: Currency E�change icense Application Dear Cary Geller: The City of Saint Paul Offi e of License, Inspections and En��ironmental Protection has received no ification from the Minnesota Department of Commerce of your curren eachange license application for Check Express at 1532 VVest Uni ersity Avenue. Minn. Stat. §53A.04 requi s 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 Saint Paul. The hearing will be held Wednesday, September 28 1994 at 9:30 a.m. in the Ramsey County Courthouse, room 42, 15 est Kellogg Boulevard, Saint Paul, Minnesota. Your attendance at this he 'ng is extremely important, especially if any adverse testimony is prese ted to which you wish to respond. The Saint Paul Legislative ode Section 381.02(C) directs the license applicant to pay a fee to t City covering the costs of administering and processing the currency e hange application. The fee for this application is $155.00 and must be pa.id 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). � . a� � �s� � For your convenience, a py of the notice of hearing as well as the City Ordinance Section 381 h s been enclosed. If you have any questions, please contact Christine ozek at 266-9114. Sincerely, / Robert Kessler, Director I Office of License, Inspecti ns and Environmental Prote tion Enclosure cc: Philip Byrne, Assis t City Attorney . . � 4►� � l5�"1 ! � r OFFICE OF LICENSE, II�SPECTIONS AND ENVIRONT4ENTAL PROTECTION Roben Kessler, Director CTI'Y OF SAlNT PAUL IICENSE AND Telephone: 612-266-9100 Norm Coleman, Mayor INSPEC7701VS Facsimilr. 612-266-9124 350 St Peur Street Suiu 300 Saint Pnul, Minnesota 55102 �� NOTIC OF PUBLIC HEARING Currency E change License Application ' f Check Ehpress at 1532 West University Avenue Office o ',Administrative Hearings n behalf of the COUIVCIL O THE CITY OF SAINT PAUL PLEASE TAKE NOTICE that tes imony will be taken from interested persons, including those in the commun ty ��. respect to the application of Ramsey Financial to operate a currency e�change by license issued under Minn. Stat. �53A.02. Minn. Stat. §53A.04 requires th approval or disapproval of the state application by the governing bo y, after published notice and hearing, within 60 days after receipt of the app 'cation. The hearing will be conducted an administrative law judge from the Minnesota Office of Administra ve Hearings, on behalf of the Council of the City of Saint Paul. His or her r port, and recommendation for action, will be forwarded to the Council for its inal action. Date of Public Hearing: i �Vednesday, September 28, 1994 Time: 9:30 a.m. Location of Public Heari g: , Ramsey County Courtho e - Room 42, Lower Level 15 West Kellogg Boulevar St. Paul, Minnesota 5510 If you have any questions please call Christine Rozek, Office of License, inspections an Environm tal Protection, at 266-9114. , . a�.��sn� STATE OF MINNESOTA ) ) ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY ) Troy Gilbertson, being fi st 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: ary D. Geller O1 Theodore Wirth Parkway, #414 olden Valley, Minnesota 55422 (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. � / . 2 _ - � � " � /— 'TRC}'3� GILBERTSON � Subscribed and sworn to b fore me this 19th day of July, 19 4. . � \ � i � �'>'' 1 fir.�...,.� ..� Nota y Public _ -`'' �, • • �• . m `' KniS71NR L. VANHORN ��; r�UTARY PUBUC-MINNESOTA � DAKOTA COUNTY ":^is�,on Ex�.ires Feb 12. 1998 _-. �, v.ti•.�nnnr.• .. i `� � 4��4-�5n1 ITY OF SAINT PAUL orm Coleman, Mayor ADMINISTRATIVE LAW HEARIN IN THE MATTER OF THE LICEN E APPLICATION OF CHECK EXPR SS 1532 WEST UNIVERSITY AVEN E ST. PAUL, MN 55104 CITY'S EXHIBITS Notices: 1. Notice of Hearing letter to ry Geller (6 pp.). Attachments include:l Notice of Public Hearing I Chapter 381, Legislative Code 2. Affidavit of service by mail f r Geller letter. 3. Notice of Hearing letter to i erested persons (2 pp.). 4. Affidavit of Publication, Sep mber 13, 1994. Statute: I 5. Minn. Stat. ch. 53A (6 pp.). I , Q � -15'� I OFFICE OF LICE�SE, II�SPECTlO;�S A.�D EI�'VIRO�TSE1.'fAL PROTECTiON Ro6cn Kcsslsr, Alrretnr CII'Y OF SATNT PAtJI. LCEi�SE Al�� TeJrphoru: 6)I-:66-91 A� l�orm Colsman, llfeyor 1J�SPEC170AS Focstmtk: 612-:66-911� 330 St. Pcur Scrcei Suftt 300 Satnr Pcui, Minrurota SS102 � Se tember 9, 199� P Cary . e er 501 Theodore «'irth Park�v y, _-� 14 Golden Valley, Minnesota 5 422 Re: Currency Exchange L cense Application Dear Ca,ry Geller: The City of Saint Paul Offic cf License, Inspections a.�zd Ern�ironmental � Protection has recei�•ed not ication from the h2innesota Department of Commerce of }•our currenc exchange license application for Check Express at 1532 «'est Univ rsity Avenue. :��inn. Stat. §53A.0-� requir s L�e appro�Tal or disappro�►al of the state application by the local gor rnin� body after puUlished notice and hearing. � The hearing �� be conduc ed Uy an administratit•e la�v judge an behalf of the Council of the City o Sa.int Paul. The hearing �vill be held ��'ednesday, SeptemUer 28, 199-� at 9:30 a.m. in the Ramsey County Courthouse, room 42, 15 «est Kello�,, Boulevard, Sa.int Paul, ��innesota. Your attendance at this he 'ng is ea-tremely important, especially if any adrerse testimony is prese ed to ��hich }•ou ��ish to respond. The Saint Paul Legislati�•e ode Section 381.02(C) directs the license applicant to pay a fee to th City co�•ering the costs of administering and processing the cunency ex hange application. The fee for thf� application is $155.00 and ust be paici within (15) days of the receipt af this letter. The Code furih r requires.the applicant to reimburse the City for its costs in conducting e hearing(s) prescribed by State Lati�v. You w-ill be billed for those cost atter the hearing(s). ' � }-��3i1 � X _ _ _ _ - - - _..� , �.��.,,,,..� �� y Y��' For your com�enience, a co I y cf the notice of hearing as ��ell as the City Ordinance Section 381 ha bcen enclosed. If you have a��y questions, please contact Christine R ze:; at 2G6-9114. _ Sincerely, / Robert Kessler, Director Office of License, Inspectio s and En��ironmental Protec on Enclosure cc: Philip B}Tne, Assist t City Attorney . . . . OFFICE OF LICETSE, L\SPECTIO�S A.�D al.� r- t,� � I ~ EA'VIF01�'A7flTTAL PROTECT10v Robrn Kcsslrr, Dir�ctor CITY OF SAIl�]T PAUL LCE.�SE AI�D TeJrphons: 61 ?•?66•91 A� A'osm Colrmon, Ma)'or lNSPEC7701�5 Foe+fmtle: 6I2•:66•97?I 330 St. Ptsar Srrrct • Suiu 300 Sofnr Pcul, 1�ftr.nesora 33102 �^"w..r rTOTICE : PUBLIC HEARTNG Currency Ea �:ge License Application of : �ck Ea at 1532 � est Uni�•ersity A��enue Office of :-:nistrati��e Hearings o � t�half of the COUi�CIL OF i:::, CITY OF S�INT PAUL PLEASE T��E rTOTICE that testi c:zy ��-i11 Ue taken from interested persons, includinb those in the communi �::th respect to the application of Ramsey Financial to operate a currency e•c::ange Uy license issued under ?�'iinn. Stat. 553A.02. ?�Zinn. Stat. �53A.04 requires the p; roval or disapproval of the state application by the go�•ernin� bod , a:ter puUlished notice and hearing �i�ithin 60 da} after receipt of the appli �:on. The hearing «zll be conducted Uy �-� administrati��e law judge from the r23:�nesota Office of Administrati� 'r.earings, on behalf of the Council of the City of Sa.int Paul. His or her re o� and recommendation for action� ��zll Ue fon�•arded to the Council for its fi al action. Date of Public Hearing: ��'ednesday, September 28, 1994 Time: 9:30 a.m. Location of Public Hearin : , Ramsey County Courthous ' Room 42, Lo��•er Le�•el 15 �Vest Kellogg Boule��ard � St. Paul, Minnesota 55102 If you have any questions, lease call Christine Rozek, Off�ce of License� inspections an Em�ironme al Protection, at 2G6-9114. . A TT �`- h M�NT F't' ` __.__ _ _"_�._. .. . ._..._.... F ��- . �"�'J�� l - . :,.,,. Chapter 81. Currency Exchanges Sec. 381.01. State licens required; definition. No person shall enga e in the business of a currency exchange in Saint Paul wi hout a license as provided by Minnesota Statutes Chapter 53A. (C.F. No. 94-46, § 2, 2-2 94) Sec. 381.02. Procedures; earing; fee. (a) Procedures. Uponlreceipt of a completed application from the commissioner of comme ce for either a new license or the renewal of an existing li ense, the matter shall be referred to the office of license, in pections and environmental protection for initiation of a heari q as required by state law within the period allowed for the re ponse of the governing body. The hearing shall be for the urpose of taking testimony from interested persons, inclu ing those in the community in which the applicant is located or i proposing to be located, as required by law, and upon grounds r issues as to which notice has been qiven in accordance with he requirements of sections 310.05 and 310.06 of the Legislative Code. The said office shall publish and give notice as required b law. (b) Hearing. The hea ing shall be held before an independent hearing examiner in confo ity 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 sect 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 adm 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 rei urse the city, within fifteen (15) days following action by the c'ty council on the application, for its costs in conducting the h aring or hearings prescribed by state law, including publicatio costs and the cost of the administrative proceeding and hearing before an independent hearing examiner. (C.F. No. 94-46, § 3, 2-2 94) Sec. 381.03. Grounds for isapproval, etc. (a) Disapproval. The ouncil may by resolution disapprove an application and, if so, s 11 state therein its reasons for so doing. It may adopt in wh 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 ,�7f � c hr'� �rvT � ,. ;� 4µ� � l�r'I l testimony. Notice of the I isapproval may be communicated to the commissioner of commerce efore the effective date of any such resolution where necessar to avoid a presumption of concurrence. (b) Grounds for disa proval. Disapproval of an application may be based on one (1) o more of the following grounds, in addition to any other gro nd allowed by law: (1) Violation of an provision of the state currency exchange law co tained in Chapter 53A. (2) Any one (1) or ore of the reasons, conditions, or standards for a verse action under section 310.06 of the Legislative Code. (3) Failure of the pplicant to pay the city fee and costs prescribed abov . (4) (i) The locati n of a new currency exchange as proposed w uld cause significant adverse consequenc s or impacts upon the neighborhoods within thr e hundred (300) feet of the exchange. Such antic pated effect must be shown by clear and convincing evidence. (ii) The existi g currency exchange has caused significan adverse consequences or impacts upon the neighb rhoods within three hundred (300) feet of the exc ange. (5) Failure of the pplicant to agree to reasonable conditions upon 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 lim 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. (8) The applicant i not the real party in interest in the application. Th 1 ti n f th bu i u (9) e oca o o e s ness for which a new c rrency exchange licens is sought is within one-half mile of an existing cur ency exchange licensed by the state. (10)) The applic nt or its proposed business location does not c mply with applicable zoning, building, •�. ' � �� fire and h alth codes. (c) Persons and corp rations. If an applicant is a partnership, the applicat on may be denied if there is a basis for denial as to any part er. If the applicant is a corporation, the application may be de ied if there is a basis for denial as to any (i) shareholder ho ding more than five (5) percent of the outstanding or issued sto k of the corporation, or (ii) officer or director of the corpor tion, or (iii) employee of the enterprise having policy r management control over the enterprise. (C.F. No. 94-46, � 4, 2-2 94) Sec. 381.04. Definitioas. The following words nd/or phrases shall have the following meaning when used in this chapter and in Chapter 310 of the Legislative Code. (a) Applicant. The t rm " applicant " includes persons, partnerships, firms and c rporations and all other forms of business ventures. It als includes employees who exercise management or policy cont ol over the enterprise, general and limited partners, shareho ders of more than five (5) percent of the outstanding or issued'shares of a corporation, and corporate managers, officers and di ectors. (b) Application. The term " application " includes applications for both newjand renewal licenses. (c) License. The te " license " refers to the state currency exchange license provided for in Minnesota Statutes Section 53A.02. (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. (C.F. No. 94-46, § 5, 2-2 94) , . , . Q,`4 � 15 .," 11 STATE OF MINNESOTA ) ) s. AFFIDAVIT OF SERVICE $Y MAIL COUNTY OF RAMSEY ) Troy Gilbertson, beinq fir t culy sworn, deposes and says that on September 9, 1994 he serve the attached Notice of Hearing on �he followinq named person by lacing a true and correct copy thereof in an envelope addressed a foliow: C ry D. Geller 5 1 Theodore Wirth Parkway, �414 G lcen Valley, Minnesota 55422 (k�hich is the last known a dresses of said person� and depositinq the same, with postage prep ic, in the United States mails at Saint Paul, Minnesota. � / -'t. � '�' � �. / � TR�Y GILBERTSON . Subscribed and sworn to be ore me this 19th day of July, 199 . ' . � � �� ,, ,. , , , � . ,, , Notary Pu ic ' '• • , • '�� . �w , nv.vVV�'1M , yv, e ';n'.ST;�;�, L VAAHOnN ' '�::�kFY r^��IC•►!ih!iESO7A � ��•KC'A COt1NTY . �.:: �2,'998 . ., . �,..�•, .•�.�.,�•,. ��l h'1 I � I � �- Ay � t�'�'l � �� Carnac� 8zcawa�e Licenu�e AFFIDAVIT OF PUBLICATION ; ppplicatioa or Chect Ezpf�E+�s at 169Z West IIai�enit� A�rnne State of esota Otfice oi Admiabtrative Heariags • County Ramsey oa behali of the COLTPtCIL OF � C � � S�� p��' Samuel . Lewis, Jr., being duly sworn, on oath says that he is the publisher of the PI.EASE TAKE NOTICE that testimony newspa r lmawn as the Saint Paul Legal Ledger and has full lrnowledge of the faats witl be taken from tnterested persona, W�Ch a2' stated bClOW inclnding thoae in the coramunity with ' respect to the appiication of Ramsey Financial to operate a currrntq exchange by lfcense �q� �e ewspaper has complied wlth all of the requirements conatituting isaued under Minn. Stat. �53A.02. Mlnn. Stat. 953A.04 requfres the approval �s a allfled newspaper, as provided by Minnesota Statute 331A.02, 331A.07, or disapproqal of the state appllcaUon by the and ther applicable laws, as amended. goveming body, after published notice and heariug. withln BO days after receipt of the application. ($) '�e ted notice of public hearing Tne heaztng Wui be conducted by an ' whi is attached was cut from the columns of said newspaper and was printed admp►lstrative law judge fzom the Minnesota ot8ce of ndmtntstrative xearings, oa bet�atr oi , and blished once; it was published on Tue S day ,�e 13 th the CouncQ of the City of Saint Paul. His or � September , 19 9 4 ; 8nd rintCd belOw LS a CO of the IOWCi' , her report, and recommendatlon for actioa, y P � wili be forwarded to tne eouncit ror tts case phabet from A to Z, both inclusive, which is hereby acknowledged as flnat acuon. the aize and kind of type used in the compositlon and publication of said Date ot Pnblie Hearfas: noti : Wednesdap. September a9. 1s94 Timr. . 9:30 am. Locati�a oi Patilic Heu'in�: abcdefghqklmnopqrstuvwxyz RamaeY Couaty Courthouse Room 42, Lower Level 1S West Kellogg BouIevard S� Pa�l. Mlpnesota 53102 If you have any queation�, piease call , Chrlstine Rasek. OfAce of License. Inspections and Envlronmental Protection, at 268-9114. (Sept 1S) .* s s■�T. P�L I�tSillL LY�R � a3_L � Subscrib and sworn to before me this 13 th day of S eptember ,19 9 4 � . . C. M. �EWIS ��-' NOTARY PU&.IC-�-AMNNES�TA ..� WASNINGTON COl1NTY MY Comm. ExpMes Mbr 1�. 1916 • Rate Info tton (1) Lowest sifled rate patd by commercial users for comparable space is 8 �� (2) Maadm rate allowed by taw for the abave publlcarion is $ S �• 6 2 (3) Rate ally charged for the above publication is $ 5 0. 10 �j� Hi�3i7 �( � ♦ +;� x c ��' � e�,. � � .. . . .. . . y �� , � . �,`R;��` � �� `� . �i;� f -•Y'Y ; s ��,1„ ' ��; F � � . � � � . t .•. � � � �" 1 � � , � �^�� q�-��1 , OFFICE OF LICfiNSE, INSPEGTIONS AND ENVIRONMENTAL PROTECTION Robert Kessler, Director CTI'Y OF SAIN'r PAUL IICBNSE AND Tilephone: 612-266-9100 Norm Coleman, Mayor INSPECI70NS Facsimile: 612-266-9124 3S0 SY. Peur Street Suiu 300 Saint Paul, Minnesota 55102 September 15, 1994 1- Re: Currency Licens Application Check Express 1532 West Unive sity Avenue Dear Sir/Madam: This is to inform y that the City has received the state license application of the above applicant for a currency license at the abov named location. Minn. Stat. §53A.04�and Cha ter 381 of the Saint Paul Legislative Code re uire a hearing if the Council is going to disapprove the a plication. The evidence at this hearing will determine whet er there are grounds to deny the application or not. Such a hearing will be held on Wednesday, Septembe 28, 1994, 9:30 a.m. at the Ramsey County Courthouse, oom 42, lower level, 15 W Rellog Boulevard, in the C ty of Saint Paul. All interested pers ns will be permitted to testify as required by the sta ute. If you have any questions, please contact Christine R zek at 266-9114 for more information. Sincerely, � Robert Ressler, Dir ctor Office of License, nspections and Environmental P otection cc: Philip B. Byrn , Assistant City Attorney I I �1�r��i �' + � � ,' ' \ � y 1 ��, ♦ � • District Planner Snellin Hamline Cm Cnl Editor . Julie Farnham Shirley Reider, Pres Grand Gazette 1100 City Hall Annex 1998 La rel Avenue 757 So Snelling Ave Saint Paul, MN 55102 Saint P ul, MN 55104 Saint Paul, MN 55116 Rep Andrew J Dawkins Midway hamber of Comm Lexington Hamline Cm C1 Minnesota Legislature Ms Elin Ex Dir DIRECTOR 371 State Office Bldg 2383 Un versity Av #200 1164 Selby Avenue Saint Paul, MN 55155 Saint P ul, MN 5�5114 Saint Paul, MN 55109 Merriam Park Comm Cncl Desnoye Park Assn Summit Av Rsdl Preserv Ed Bower, CO BILL DO OHUE, Pres LARRY D STARNS, Pres 2000 St Anthony Avenue 2449 Be erly Road 1950 Summit Avenue Saint Paul, MN 55104 Saint ul, MN 55104 Saint Paul, MN 55105 CASA Rep Ka hleen Vellenga LEXINGTON HAMLINE CM CL Urban Landreman Minnes ta Legislature URBAN LANDREMAN, PRES 1184 Portland Avenue 509 St te Office Bldg 1184 PORTLAND AVE Saint Paul, MN 55104 Saint aul, MN 55155 SAINT PAUL MN 55104 Merriam Park Comm Cncl Snelli Hamline Com C1 Selby Area Com Dev Corp Phillip Powers, Pres Ed Bow r, CO Bob Porter, Exec Dir 1712 Iglehart Avenue 1573 S lby Ave, RM #319 741 Selby Avenue Saint Paul, MN 55104 Saint aul, MN 55104 Saint Paul, MN 55109 University United Editor DAVE HAUGLAND MIKE DARGER Highla d Villager UNIVERSITY UNITED 2383 University Av #200 757 S nelling Ave 1754 UNIVERSITY AVE W Saint Paul, MN 55114 Saint aul, MN 55116 ST PAUL MN 55104 MERRIAM PARK LIBRARY I 1831 MARSHALL AVE ST PAUL MN 55104 � . . . � . . :.'s "1� "��' . ; ,�. '�;. i 53A.01 Cti 'CY E.YCHA.\CES 1288 ,- i #, : '!�' = � CHAPTER 53A ,� :: �# � . CURREI\TCY EXCHAI�TGES =;a: � : -,�; : ,.; �: { : :ii `" 53A.01 Defini 'ons. 53A.07 Filing of fees; unrcasonabie fees. "" 53�.02 Licen . 53A.08 Bond. .; :, ; �I; �: 53.403 Appli tion for license; fees. 53A.081 Annual rcport and investigations. �, =; 53A04 App al or denial of an 53A.09 Powen; limitations; prohibiuons. appli tion. 33A.10 Violations. - 53A.05 Chan of name, ownenhip, or 53A.1 l Books of account; annual report. loeati n. 53A.12 Rules. 53A.06 Fine, uspension, or revaation of 53A.I3 Fee notice; falu advenising; licen . penaity. • �: c :. ''� 53A.01 FI\TITOti'S. - Subdi ision 1. Currency eYChange. "Currency exchange" means any person, except �; :; a bank, t st company, savings bank, savings and loan association, credit union, or - industrial oan and thrift company, engaged in the business of cashing checks, drafts, money or ers, or travelers' checks for a fee. "Cunency exchange" does not include a = person w o pro��ides these services incidental to the person's primary business if the ' charge fo cashing a check or draft does not exceed 51 or one percent of the value of �§ ` the check ior draft, whichever is greater. �� Subd 2. Commissioner. "Commissioner" means the comrnissioner of commerce. Hist •: 1989 c Z47 s 1 .�. ; �3:�.02 I ICE\SE. < Sub vision 1. Requirement. A person ma}° not engage in the business of a currency ; exchange �wzthout first obtainin; a license from the commissioner. Not more than one ��f place of usiness may be operated under the same license, but the commissioner may issue mo e than one license to the same licensee upon compliance by the applicant w�th ;.'. 211 the p visions of this chapter for each new license issued. �'' Sub . 2. Distance limitadon. I�'o license may be issued or renewed under this chap- f;� ter if th place of business to be operated under the license is located or proposed to be locat wzthin one-half mile of another licensed currency exchange. The distance limitati imposed by this subdi�•ision is measured by a straight line from the closest points o the closest structures invol�•ed. Sub . 3. Prohibidon. A licensee may not contract with another person or business - entity t � manage the currency exchange business. This subdivision does not prohibit the lice ee from employing persons to operate a currency exchange facility. His ory: 1989 c 247 s 2; 1992 c 504 s 2 53A.03 I APPLIC�TIO\' FUR LICE\SE; FEES. l A fM��1 D�� S� C�'S�P#G� � (a) � n application for a license must be in writing, under oath, and in the form prescri d and fumished by the commissioner and must contain the following: � ;,; .,, (1) Ithe full name and address (both of residence and place of business) of the appli- cant, a d if the applicant is a partnership or association, of every member, and the �: name a d business address if the applicant is a corporation; : i (2) � the county and municipality, with street and number, if any, of all currency =' exchan e locations operated by the applicant; and ` =� (3) the applicant's occupation or profession, for the ten }•ears immediately preced- � ing the pplication; present or previous connection with any other currency ezchange ; in this r any other state; whether the applicant has ever been convicted of any crime; ��: and th nature of the applicant's occupancy of the premises to be licensed; and if the : ��' appli t is a partnership or a corporation, the information specified in this paragraph � must supplied for each partner and each officer and director of the corporation. If - > .� � � � `�Hi�� iT S - � _- - --- - ----- -- ' 3 qy -�� 1289 CURRE�CY g�CHa.1GFS 53A.05 the applicant is a partnershi or a no . = P npublid I held co 0 _ 6ed in this paragraph must be required of ea partner and of�'ice� d rectorpand ; stockholders owning in excess of ten percent f the corporate stock of the corporation. ;�, (b) The application shall be accompanie by a nonrefundable fee of $250 for the review of the initial application. Upon appr val by the commissioner, an additional ., license fee of $50 must be paid by tbe applica t as an annual license fee for the remain- � der of the calendar year. An annua! license fe of $ 50 is due for each subsequent calen- dar year of operation upon submission of a cense renewal application on or before - - December 1. Fees must be deposited in the s ate treasury and credited to the general fund. Upon payment of the required annual icense fee, the commissioner shall issue a license for the year beginning January 1. , - (c) The commissioner shall require the a plicant to submit to a background inves- 4 tigation conducted by the bureau of criminal � pprehension as a condition of licensure. �' `y As part of the background investigation, the b reau of criminal apprehension shall con- duct criminal history checks of Minnesota rec rds and is authorized to exchange finger- prints with the Federal Bureau of In�•est ation for the purpose of a criminal � - background check of the national files. The c st of the investigation must be paid by �� the applicant. F 3 �. (d) For purposes of this section, "applic I nt° includes an employee w•ho exercises ;? management or policy control o��er the compa v, a director an � ,( eral partner, a mxnager, or a shareholc�er holdi e more than ten pe��rcent the ou t�stand- 4 _} ing stock of the corporation. ; =_ ': �„ _ Histon�: 1989 c Z4i s 3; 1992 c�04 s 3 � ;� � �� 53A.04 �PPROVA,I, OR DEtiL�I, OF �\ I PpLICATIO�. � :; � (a) Within 30 da}•s after the receipt of a omplete application, the commissioner '� � shall deny the application or submit th: appli ation to the go�•erning body of the local � unit of government in which the applicant is 1 cated or is proposing to be located. The �` .f commissioner may not appro�•e the appiicatio ��ithoui the concurrence of the govem- � � ing body. The goti�erning bod}• shall gi� pub 'shed notice of its intention to consider �� :; the issue and shall solicit testimony from in erested persons, inc]uding those in the ` � community in w•hich the applicant is located o is proposing to be located. If the govern- �- � ing body has not appro�•ed or disappro•:ed t e issue w�ithin 60 da��s of receipt of the � app]ication, concurrence is presumed. The co missioner must a � pprove or disa � � : the application w�ithin 30 day�s from rece;�•ingithe decision of the go��erning body. go�•erning body shall ha�•e the sole responsibi in� for its decision. The state shall have � � no responsibility for that decision. _ _� (b) If the application is denied, the com issioner shall send by mail notice of the � denial and the reason for the denial to the a plicant at the address contained in the application. If an application is denied, the a licant may, within 30 days of receiving � the notice of a denial, request a contested case earing pursuant to chapter 14; provided _� that if the denial is based upon the refusal of e goveming body to concur the govem- Y ing body must afford the applicant a hearing. Tt;e applicant shall have no right to� the hearing pro�•ided for in this section if the de ial is based upon the governing body's refusal to concur but shall have a hearing be re the go�•erning body, (c) This section applies to initial applica ions and renewal applications. . �� : (d) The state shall have no responsibilit for the action of the governing body. HistorS: 19$9 c 247 s 4,• 1992 c SO4 s 4 ; - 53AA5 CH.�I�'GE OF N�,,'1IE, O�i�i�ERSH P, OR LOCAT'ION. � Subdir7sion 1. Name or locarion. If a lice ee proposes to change the name or loca- "` � � tion of any or all of its currency exchanees, he licensee shall file an application for "� � approval of the change wlth the commission r. The commissioner shall not approve a change of location if the requirements of sec ions 53A.02, subdivision 2, and 53A.04 � have not been satisfied. If the change is appr ved by the commissioner, the comm' - '• .. 1' y i 1$ i. . ;; , - � - a� -is7� �. j � F1 .; � Z9 Q ` 53A.05 CIiRRE I 'CY E-�CHA. GES �'` . •-�°' sioner shall I ssue an amended license in the licensee's new name or location. A S50 fee must be pa' for the amended license. _ `:; Subd. . OR�nership. The licensee shall notify the commissioner 30 business days �: � in advance f any change in ownership of the currency exchange. The commissioner �:, ; may revok the currency exchange license if the new ownership would have resulted , '= i in a denial f the initial license under the provisions of chapter 53A. 2 1<� � Histo •: 1989 c 247 s S; 1992 c 504 s S � :; i � _�� 53A.06 F'E, SliSPE;�SION, OR REVOCATION OF LICENSE. `' (a) T commissioner may suspend or revoke any license under section 4�.027 if �, ;�; the comm' sioner finds that: ,t; :� � (1) th licensee has failed to pay the annual license fee or to maintain in effect the ; :�; required nd or to comply with any order, decision, or finding of the commissioner a __a � under La s 1989, chapter 247; ` t; (2) t licensee, or any of�cer or director of a cotporate licensee, has violated any '�; provision f Law•s 1989, chapter 247, or any rule or order of the commissioner under `' � this chapt r or chapter 4�; ' (3) t�e licensee, or any� officer or director of a corporate licensee, has violated any other lawiwhich w�ould indicate that the person is untrustw•orthy or not qualified to • ` operate a i �currency exchange; or (4) a y fact or condition erists w�hich, if it had existed at the time of the orieinal ' �� . or renew application for the license, w�ould have warranted the commissioner refusing the issua ce of the license. ' (b) license may not be re��oked until the licensee has had notice of a hearing pur- suant to he pro�•isions of chapter 14. (c) . licensee may surrender any license by delivery to the commissioner. The sur- render d es not affect the licensee's civil or criminal liability for acts committed before the surr der, or affect the liability on the bond required by this act, or entitle the licensee o a return of any part of any license fee. (d) efore suspension or re��ocation of the license, the commissioner ma}• fine a ; licensee or violations of Law•s 1989, chapter 247, as authorized under chapter 45. His �on�: 19�9 c 247 s 6 f 53�.07 i FILItiG OF FEES; li\�tEASO\ABLE FEES. f '�•' ' � ro��al of fees. Fees char ed at each location for check cashin ser- Su i ision 1.. 3 i . PP 8 �•ices m st be filed w•ith and approved by the commissioner. ��+ Su d. 2. :�mendment of fees. A licensee may amend its fees at any time by filing the pro osed amendments w�ith the commissioner. The application for amendment `�'. shall b! in w�riting, under oath, and in the form prescribed by the commissioner. A fee `: of S�0 �hall accompany the application. The commissioner shall approve or deny the �� applic ion 60 days after the filing of a complete application to amend its fees. �� Su d. 3. Standazds; unreasonable fees prohibited. The commissioner may disap- �� prove e fees filed by a cunency exchange if they are not fair and reasonable. In deter- �4 � minin whether a fee is fair and reasonable, the commissioner shall take into � � consid ration: ;` � (1 rates charged in the past for cashing of checks by those persons and organiza- '+ tions roviding check cashing services in the state of h4innesota; .3 �; (2 the income, cost, and experience of the operations of currency exchanges exist- -�; ing p or to this enactment or in other states under similar conditions or regulations; '� � � : ( the amount of risk involved in the type of check to be cashed and the location I � ; �"j =� where eucrency exchange operates; ; j () the general cost of doing business, insurance costs, security costs, banking fees, ; and o her costs associated w7th the operations of the particular currency exchange; i; i ;s F� . , q �.,i�l � .� 1291 CURRE�CI' EXCR�►.VGES 53A.11 _ - (5) a reasonable profit for a currency exchan � operation; and (6) any other matter the commissioner deem appropriate. `� - The commissioner shall set a separate rate, cons' tent wzth the abo�•e standards, for checks issued by a government entity in an amou t up to $500 to be cashed by a cur- = - rency exchange. � : History: 1989 c 247 s 7 � :1 53A.08 BOND. �' Before a license may be issued to a currency e change, the applicant shall file annu- _ ally with and have approved by the commission a surety bond, issued by a bonding company authorized to do business in this state iin the principal amount of $10,000. The bond must ru� to the commissioner and is r the benefit of creditors of the cur- � rency exchange for liability incurred by the curre cy exchange on money orders issued �= or sold by the currency exchange, for liability i curred by the currency exchange for � sums due to a payee or endorsee of a check, draft'or money order left with the currency ,; exchange for collection, and for liability incurre by the currency exchange in connec- } tion with providing currency exchange servic . The commissioner may require a 4 licensee to file a bond in an additional amount i the commissioner considers it neces- � sary to meet the requirements of this section. In etermining the additional amount of - the bond w�hich may be required, the commissi ner may require the licensee to file its financial records, including all bank statements, �penaining to the sale of money orders � ;: for the preceding 12-month period. In no case�may the bond be less than the initial x $10,000 or more than the outstandin; liabiliti . '�- Histon: 1989 c 247 s 8; 1992 c 504 s 6 - - � 53�.081 Ati\L:�L REPORT A\D I\��ST G:�TIO\S. . �: Subdi��ision 1. Annual report. On or befor ��larch 1, a licensee shall file an annual ' r � report w•ith the commissioner for the pre��ious alendar }•ear. The report must contain � information that the commissioner may reas nably require concerning, and for the � purpose of examining, the business and operat ns of each licensed currency exchange. �` Subd. 2. In��estigation. The commissione i may at any time and shall at least once '� � in each year in�-estigate the currency exchange usiness of any licensee and of every• per- � ` � son, partnership, association, and corporatio engaged in the business of operating a s: currency exchanee in the manner provided u der section 4�.037. � � ` Subd. 3. Fees and expenses. The licensee ishall pay the costs of an examination or � � investigation in the manner provided under ection 60A.03, subdi��ision 5. � � Histon•: 1992 c 504 s 7 � � j 53A.09 PO«ERS; LI�IITATIO\S; PRO IBITIO\S. � � � A currency exchange may not accept mo y or cunency for deposit, or act as bailee or agent for persons, firms, partnerships, ass ciations, or corporations to hold money or currency in escrow for others for any pu ose. How�ever, a currency exchange may act as agent for the issuer of money orders r travelers' checks. History: 1989 c 247 s 9 53A.10 VIOLATIONS. Any person, firm, association, partnersh p, or corporation that `zolates Laws 1989, chapter 247, shall be guilty of a misdemea r. Histor�•: 1489 c 247 s 10 53A.11 BOOKS OF ACCOUN T; A:'�\�J. � REPORT. � The licensee shall keep and use in the 1 censee's business the books, accounts, and records that will enable the commissioner t determine whether the licensee is comply- _ - ing with the provisions of Laws 1989, cha ter 247, and with the rules adopted by the . Y �� µ��,'. !Jl �; . _r ' �� 1 SY1 �.:: � ;�, � - . = � 53A.11 C �CY �l'CHAIGES �ZgZ :� � r;: � �`:.- commissio �er. A licensee shall preserve the books, accounts, and records for at least '� :: two years ter making the final entry. �.<<: _;� : Histo : 1989 c 247 s 11 = �,:_: =- 53A.12 R ES. -- � The c mmissioner may adopt rules under chapter 14 as may be necessary . to �' � administe and enforce this chapter. . ,;�; ; Histo �: 1989 c 247 s 12 53A.13 F E NOTICE; FAISE ADVERTISING; PEi�I.�I.TY. �` Subdi ision 1. Fee norice. The fees charged by currency exchanges for rendering - any servic authorized by this act must be prominently displayed on the premises of ,`; = the cune y exchange in the fashion required by the commissioner. •�::, �` = Subd i 2. False advertising. A licensee may not advertise, print, display, publish, '� distribute or broadcast any statement or representation that is false, misleading, or X,, , �. ;� deceptive or that omits material information. ��. Subd � 3. Ci�il liabilit}; penalty. A person who violates any subdivision of this chap- ter is liab to the person damaged by the violation for actual damages. The court may award re onable attorney fees and costs. Hist I ry: 1989 c 247 s 13 � a 53A.14 I[Repealed, 1992 c 504 s 8] 1 - s � 3. ' � ij �1 . �� i: ! ,'� � �j �i I � i . � 3 l; �i ;2 • a! — � _ gi � -- � - � . . . . . . I _ : . t� t� a��s�� I69 CURRENCY EaCHA'�GES 53A.03 CHAPTER 3A i CURRENCY EX �HANGES � 53A.03 Apylic2tion for license; fees. i I � 53A.03 APPLICATION FOR LICE\SE; FEE . � ' (a) An application for a license must be in jw�riting, under oath, and in the form prescribed and furnished by the commissioner nd must contain the following: (1) the full name and address (both of resid � ce and place of business) of the appli- cant, and if the applicant is a partnenhip or a sociation, of every member, and the name and business address if the applicant is a �corporation; �(2) the county and municipalit��, w•ith stre t and number, if any, of all currency exchange locations operated by the applicant; d -- -_ (3} the applicant's occupation or profession � for the ten years immediately preced- ing the application; present or pre�•ious connec on with any other currency exchange in this or any other state; whether the applicant as e�•er been convicted of any crime; and the nature of the applicant's occupancy of he premises to be licensed; and if the applicant is a partnership or a corporation, the i formation specified in this paragraph must be supplied for each panner and ezch offi er and director of the corporaiion. If the applicant is a pannership or a nonpublicly h]d corporation, the information speci- fied in this paragraph must be required of each ar[ner and each officer, director, and stockholders owning in excess of ten percent of he corporate stock of the corporation. �' (b) The application shall be acconpanied �y a nor.refundable fee of 5250 for the : review of the initial application. Upon �pprot� 1 by the commissioner, an additional i: license fee of S50 must be paid by the applicant s an annual license fee for the remain- ,; der of the calendar year. An annual license fee 5�0 is due for each subsequent calen- dar year of operation upon submission of a li nse renewal app]ication on or before , September 1. Fees must be deposited in the st e treasury and credited to the general fund. Upon pa�•ment of the required annual li ense fee, the commissioner shall issue a license for the year beginning Januan� I. (c) The commissioner shall require the ap icant to submit to a background in�•es- tigation conducted by the bureau of criminal a rehension 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 1n��estig tion for the purpose of a criminal background check of the national files. The co t of the investigation must be paid by the applicant. . ; (d) For purposes of this section, "applica I " includes an employee who exercises 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. � Histor��: 1993 c 354 s 1 t ! <. 1 << � j � �« � �: - ,y::� . ��