CR 11-014 Public Hearing - Application for a new Currency Exchange License for Meridian Financial, DBA as Mainstreet Money, LLCFebruary 14, 2011 Council Report 2011-014
PUBLIC HEARING
APPLICATION FOR A NEW CURRENCY EXCHANGE LICENSE
FOR MERIDIAN FINANCIAL, DBA AS MAINSTREET MONEY, LLC
Proposed Action
Staff recommends adoption of the following motion: Move to adopt Resolution 2011-010,
Resolution Denying the Reguest for a Currency Exchange License for Meridian Financial,
LLC dba Mainstreet Money, LLC.
Overview
Meridian Financial LLC, dba Mainstreet Money, LLC is locating at 921 Mainstreet. The
company applied to the Department of Commerce for a currency exchange license. The
City of Hopkins received notice of the application. Craig Rose has, since the notice,
informed the City Clerk that Meridian has cancelled the request. However, the City has not
received anything in writing from either the Department of Commerce or Mr. Rose stating
that the application has been cancelled.
The City is required to notify the Department of Commerce within 60 days of notice by
• resolution that the application is either approved or denied. If the City does nothing, the
application is automatically approved after 60 days. Staff would recommend denial of the
application in any case because of distance requirements in the zoning ordinance.
Primary Issues to Consider
• Why deny the application, What are the findings
• The Regulatory Agency is the Department of Commerce
• What is the process
Supporting Information
• Resolution 2011-010
• Map showing distance
• Copy of Ordinance
• Copy of complete application is available at the City Clerk's office
'� ��' a -a-A
Jimcdenellie, Assistant City Manager
Financial Impact: $ Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
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Primary Issues to Consider
• Why deny the application, What are the findings
A currency exchange license is allowed in the B2 Business district. It is designated (2)EE.
The (2) means that a conditional use permit is required. The "EE" means that the following
conditions must be met:
EE) Currency exchange provided:
1. The use shall be located at least one thousand (1,000) feet from all existing
currency exchanges,
secondhand goods stores, pawnshops and missions;
2. The use shall be located at least two hundred (200) feet from a residential
or institutional district;
3. The use shall be located at least three hundred fifty (350) feet from an off -
sale liquor
establishment;
4. Back -lighted signs, back -lighted awnings, portable signs, temporary signs
and freestanding signs shall be prohibited;
5. The window and door area of any existing first floor fagade that faces a
public street or sidewalk shall not be reduced, nor shall changes be made to
such windows or doors that block views into the building at eye level;
6. For new construction, at least thirty (30) percent of the first floor facade that
faces a public street or sidewalk shall be windows or doors of clear or lightly
tinted glass that allows views into and out of the building at eye level;
7. The use of bars, chains or similar security devices that are visible from a
public street or
sidewalks shall be prohibited. (Added Ord. 04-920)
Number three requires that the currency exchange be at least three hundred fifty feet from
an off -sale liquor establishment. Richard's Liquors is within 350 feet of 921 Mainstreet.
The findings would be that the use is not in compliance with the Zoning Ordinance.
• The Regulatory Agency is the Department of Commerce
The Department of Commerce issues the license and regulates the license according to
Chapter 53A of the State Statute. The City of Hopkins does not get involved in monitoring
the activity other than the normal activities that are regulated by the pawn shop licensing
process.
Each year, before the license is renewed, the licensee is required to submit a financial
report to the licensing agency.
•
•
The Department of Commerce has done a background check on all of the principles and
managers of the corporation. The background check was completed by the Minnesota
Bureau of Criminal Apprehension. Nothing was discovered in this investigation to cause
the application to be denied.
a What is the Process?
States Statute dictates the process for the application. The Department of Commerce has
30 days from the date of receipt of the application to deny the application or to send the
application to the local jurisdiction. The local jurisdiction must hold a public hearing. If the
City approves or denies the application, a resolution showing findings of fact for the
approval or denial is sent to the Department of Commerce within 60 days of receipt of the
application. The Commissioner cannot issue the license without approval of the local
jurisdiction.
If the City denies the application, the applicant has the opportunity to request a hearing
pursuant to Chapter 14 of the State Statues. The City is responsible for the hearing and
the cost of the hearing before an administrative law judge. Any denial must show
substantial evidence findings to support the denial. The denial cannot be arbitrary or
capricious.
• If the City does nothing, after 60 days the Commissioner will assume approval and issue
the license.
a Alternatives
1. Adopt Resolution 2011-010, denying the application for a currency exchange license
for Mainstreet Money.
2. Do nothing, approval will be assumed within 60 days of receipt of the application.
3. Approve the application.
Staff recommends alternative one.
0
• CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 2011-010
RESOLUTION DENYING AN APPLICAATION FOR A CURRENCY EXCHANGE
LICENSE FOR MERIDIAN FINANCIAL, LLC, DBA MAINSTREET MONEY, LLC
LOCATED AT 921 MAINSTREET, HOPKINS MN
The City Council of the City of Hopkins makes the following findings in support of this
resolution
Meridian Financial, LLC has applied to the Commissioner of the Department of
Commerce for a Currency exchange License to operate a currency exchange at 921
Mainstreet and;
The City of Hopkins must approve the application or show reason why the
application is denied and;
The City of Hopkins has adopted a Zoning Ordinance and in that ordinance
regulates the uses allowed in various business districts and;
The City of Hopkins Zoning Ordinance 535.01'Subd 3, 35 has designated
• Currency Exchange as an allowed use in a B-3 zoning district and requires a
conditional use permit and:
The City of Hopkins Zoning Ordinance 535.03, Subd 2, EE, 3, requires that a
currency exchange be located 350 feet from an off -sale Liquor Store and;
The proposed currency exchange at 921 Mainstreet would be located less than
350 feet from an off -sale liquor store.
WHEREAS, The City of Hopkins has held the required public hearing;
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Hopkins does
hereby deny Meridian Financial, LLC, dba Mainstreet Money's application for a
Currency Exchange License.
Adopted by the City Council of the City of Hopkins this 15" day of March, 2011.
Eugene J. Maxwell, Mayor
ATTEST:
Deborah Sperling, City Clerk