HomeMy WebLinkAboutNo 966 Repealing All Provisions of the Currency Exchange Ordinance and Replacing It with New Provisions
Ordinance 966
An Ordinance Repealing All Provisions of the Currency
Exchange Ordinance and Replacing It with New Provisions
The Maplewood City Council approves the following revisions to the Maplewood Code of
Ordinances:
SECTION 1. This section repeals all sections of Chapter 14, Article XII, Division 4,
Currency Exchange and replaces them with new sections as follows:
DIVISION 4. – CURRENCY EXCHANGE
Subdivision I. – In General
Sec. 14-801. – Definitions.
For the purpose of this chapter, the following words and terms shall have the meanings
given them:
(1) Application. The term “application” includes applications for both new and renewal
licenses.
(2) Commissioner. The Minnesota Commissioner of Commerce.
(3) Currency Exchange Business. Any person, except a bank, trust company, savings
bank, savings and loan association, credit union or industrial loan and thrift company,
engaged in the business of cashing checks, drafts, money orders, or traveler’s checks
for a fee. A person who provides these services incidental to the person’s primary
business is not included in the definition if the charge for cashing a check or draft does
not exceed one dollar or one percent of the value of the check or draft, whichever is
greater.
(4) Person. One or more natural persons; a partnership, including a limited partnership;
a corporation, including a foreign, domestic, or non-profit corporation; a trust; a political
subdivision of the State; or any other business organization.
Subdivision II. - License
Sec. 14-802. – State License Required.
No person may engage in the business of currency exchange in the city without first
obtaining a license from the Commissioner as provided by Minnesota Statutes Chapter
53A, and without first obtaining a conditional use permit for the permitted zoning district
in accordance with Sections 44-512(14) and 44-637(1) of this Code.
Sec. 14-803. - License Application Review Procedures.
(1) Notice of Application from the Commissioner. Upon receipt of the notice of
application from the Commissioner, the city clerk will request the complete application
file from the Commissioner’s office including any background check reports. The city
clerk may request additional information from the applicant at any time during the
application review process as deemed necessary.
(2) Application Review Fee. Immediately upon the receipt of the notice of application
from the Commissioner the city clerk shall send a certified letter to the applicant
requesting an application review fee be paid within 15 days of the date on the
Commissioner’s notice. The fee shall be set by council resolution from time to time and
shall be non-refundable.
(3) Application Verification. Upon receipt from the Commissioner of a complete
application for the currency exchange license, the city clerk will cause to be published in
the official newspaper of the City notice of the date, time, and place for a public hearing
before the Council on the application. Prior to the public hearing, the city clerk shall
cause to be submitted to the Council reports regarding compliance of the application
with zoning regulations, access, property tax regulations as well as with Section 14-804.
(4) Public Hearing. The public hearing before the City Council shall take place no later
than forty-five (45) days after receipt of the notice of application from the Commissioner.
At the public hearing the City Council shall solicit testimony from any interested persons.
Following the public hearing the Council will vote to concur with or reject the application.
If the application is accepted, the city clerk shall notify the Commissioner of the City
Council’s concurrence pursuant to Minnesota Statutes, Section 53A.04. If the application
is denied by the City Council the city clerk shall notify the Commissioner and send the
applicant by certified mail notice of the denial and the reasons therefor.
(5) Appeal. Within 30 days of receiving the notice of denial from the City, an applicant
may request an evidentiary hearing. The evidentiary hearing may be held before a
hearing examiner or a designee of the City Manager, who shall follow the contested
case procedure detailed in Minnesota Statutes, Sections 14.57-14.62. The hearing
examiner or designee shall make written findings of fact and a written recommendation
to the City Council. Following receipt of such findings and recommendation, the City
Council shall vote on issuance or non-issuance of the license and that decision shall be
forwarded to the Commissioner.
Sec. 14-804. – Standards for Withholding Local Concurrence of a State Currency
Exchange License.
The council may withhold its concurrence of a new or renewal state currency exchange
license, if the principal applicant person fails to meet any one of the following standards
or requirements:
(1) Applicant Ineligibility.
(a) Is not at least 18 years of age on the date the license application is received by
the City.
(b) Is not the real party in interest in the business to be licensed.
(c) Has falsified information or omitted material information on the license
application form required by State Law or this Division.
(d) Has violated any provision of Minnesota Statutes Chapter 53A or this Division
within three (3) years prior to the application date.
(e) Has been convicted of a crime that is directly related to the license sought as
defined by Minnesota Statutes, Section 364.03, subdivision 2, and is not able to
show competent evidence of sufficient rehabilitation and present fitness to perform