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The purpose of this Division C of the city code is to prescribe standards for processing and considering state currency exchange license applications pursuant to M.S. §§ 53A.01 through 53A.13, as they may be amended from time to time.
(1958 Code, § 140.10) (Ord. 154, passed 11-18-1958; Ord. 74-108, passed 11-18-1974; Ord. 80-55, passed 12-15-1980; recodified by Ord. 95-13, passed 8-7-1995)
The following words and terms when used in this Division C shall have the following meanings unless the context clearly indicates otherwise
COMMISSIONER. The Minnesota Commissioner of Commerce.
CURRENCY EXCHANGE BUSINESS. Any
, except a bank, trust company, savings bank, savings and loan association, credit union or industrial loan and thrift company, engaged in the business of cashing checks, drafts, money orders or travelers’ checks for a fee. A
who provides these services incidental to the
primary business is not included in the definition if the charge for cashing a check or draft does not exceed $1 or 1% of the value of the check or draft, whichever is greater.
ISSUING AUTHORITY. The City of Bloomington License Section.
PERSON. One or more natural persons; a partnership, including a limited partnership; a corporation, including a foreign, domestic or nonprofit corporation; a trust; a political subdivision of the state; or any other business organization.
(1958 Code, § 140.11) (Ord. 154, passed 11-18-1958; Ord. 74-108, passed 11-18-1974; recodified by Ord. 95-13, passed 8-7-1995)
No
shall engage in a
within the city without first obtaining a license from the
in accordance with M.S. Chapter 53A, as it may be amended from time to time, and this Division C of the city code.
(1958 Code, § 140.12) (Ord. 154, passed 11-18-1958; Ord. 74-108, passed 11-18-1974; Ord. 80-55, passed 12-15-1980; recodified by Ord. 95-13, passed 8-7-1995)
(a) Application verification. Upon receipt from the
of a complete application for a state currency exchange license the
shall cause to be published in the city’s official newspaper notice of a public hearing before the City Council on the application. Prior to the public hearing staff shall submit to the City Council a written report regarding compliance with zoning, traffic and property tax regulations, as well as with § 14.163 of this Division C.
(b) Public hearing. The public hearing before the City Council shall take place no later than 45 days after receipt of the complete application by the
. At the public hearing the City Council shall solicit testimony from any interested
. At the closure of the public hearing the Council shall vote to accept or deny the application. If the application is accepted, the
shall notify the
of the City Council’s concurrence pursuant to M.S. § 53A.04, as it may be amended from time to time. If the application is denied by the City Council the
shall notify the
and send the applicant by regular mail notice of the denial and the reasons therefore.
(c) Appeal. An applicant may, within 30 days of receiving the notice of a denial from the city, 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 M.S. §§ 14.57 through 14.62, as they may be amended from time to time. 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 nonissuance of the license and that decision shall be forwarded to the
.
(1958 Code, §§ 131.01, 131.02) (Ord. 154, passed 11-18-1958; Ord. 74-99, passed 11-18-1974; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2008-15, passed 5-5-2008)
(a) Individual applicants. The City Council may withhold its concurrence of an original or renewal state currency exchange license pursuant to M.S. Chapter 53A, as it may be amended from time to time, if the applicant:
(1) Is not of good moral character and repute;
(2) Has had a conviction of any crime that is directly related to the type of license sought, as defined by M.S. § 364.03, subd. 2, as it may be amended from time to time, and is not able to show competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of the licensed occupation, as defined by M.S. § 364.03, subd. 3, as it may be amended from time to time;
(3) Is not 18 years of age or older on the date the license application is submitted to the
;
(4) Is not the real party in interest in the business to be licensed;
(5) Has falsified any information or omitted material information on the license application form required by M.S. Chapter 53A, as it may be amended from time to time, or this Division C of the city code; or
(6) Has violated any provision of M.S. Chapter 53A, as it may be amended from time to time, or this Division C of the city code within three years prior to the application date.
(b) Partnerships and corporate applicants. If the applicant is a partnership, local concurrence may be withheld if any general partner cannot meet all of the requirements of subsections (a)(1) through (a)(6) above. If the applicant is a corporation, local concurrence may be withheld if any corporate officer cannot meet all of the requirements of subsections (a)(1) through (a)(6) above.
(c) Locations ineligible for local concurrence. Local concurrence may be withheld if the
is located on any property on which taxes, assessments or other financial claims of the state, county, school district or city are past due, delinquent or unpaid. In the event suit has been commenced under M.S. §§ 278.01 through 278.13, as it may be amended from time to time, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one year after becoming due.
(d) Distance limitations. Local concurrence may be withheld if the
is located within one-half mile of another existing licensed
. The distance limitation imposed by this restriction shall be measured by a straight line from the closest points of the closest structures involved.
(e) Improper zoning. Local concurrence may be withheld if the place of business to be operated under the license is located in a zoning use district in Chapter 21 of this code in which a
is a prohibited use. Local concurrence may also be withheld if a conditional use permit is required and not obtained pursuant to Chapter 21 of this code.
(f) Definition. For the purposes of this section, APPLICANT shall include an employee who exercises management or policy control over the company; a director; an officer; a limited or general partner; a manager; or a shareholder holding more than 10% of the outstanding stock of the corporation.
(1958 Code, § 131.03) (Ord. 154, passed 11-18-1958; Ord. 74-99, passed 11-18-1974, renumbered to § 131.02; Ord. 87-77, passed 10-16-1987; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2007-17, passed 4-9-2007; Ord. 2010-1, passed 1-4-2010; Ord. 2024-28, passed 11-18-2024)
A violation of any provision of this Division C shall be a misdemeanor under state law.
(1958 Code, § 131.04) (Ord. 154, passed 11-18-1958; Ord. 74-99, passed 11-18-1974, renumbered to § 131.03; Ord. 80-55, passed 12-15-1980; Ord. 87-77, passed 10-16-1987; recodified by Ord. 95-13, passed 8-7-1995)
If any section, subsection, sentence, clause or phrase of this Division C is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Division C. The City Council hereby declares that it would have adopted the ordinance in each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
(1958 Code, § 131.05) (Ord. 6, passed 5-26-1953; Ord. 156, passed 10-18-1958; Ord. 154, passed 11-18-1958; Ord. 69-91, passed 11-10-1969; Ord. 74-99, passed 11-18-1974, renumbered to § 131.04; Ord. 75-62, passed 12-8-1975; Ord. 76-59, passed 12-6-1976; Ord. 80-55, passed 12-15-1980; Ord. 81-58, passed 11-23-1981; Ord. 82-38, passed 9-27-1982; recodified by Ord. 95-13, passed 8-7-1995)
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