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CR 09-086 Public Hearing - Application for the Renewal of a Currency Exchane License for Pawn AmericaIlls- October 12, 2009 Council Report 2009 -086 PUBLIC HEARING APPLICATION FOR THE RENEWAL OF A CURRENCY EXCHANGE LICENSE FOR PAWN AMERICA Proposed Action Staff recommends adoption of the following motion: Move to adopt Resolution 2009- 054, Resolution Approving the Renewal of a Currency Exchange License for Pawn America. Overview Pawn America has applied to the Department of Commerce for a renewal of their Currency Exchange License. This License will allow them to continue to operate their "check cashing" service. Primary Issues to Consider • The Regulatory Agency is the Department of Commerce • What is the process Supporting Information • Resolution 2008 -054 • Copy of complete application is available at the City Clerk's office ci Terry Obermaier, City Clerk Financial Impact: $ Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: Council Report 2009 -086 Page 2 Primary Issues to Consider • 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. • 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. • Alternatives 1. Adopt Resolution 2009 -054, approving the application for a currency exchange license renewal for Pawn America. 2. Do nothing, approval will be assumed within 60 days of receipt of the application. 3. Deny the application. If the application is denied, findings of fact must substantially support denial. Staff recommends alternative one. CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION 2009 -054 RESOLUTION APPROVING THE RENEWAL OF A CURRENCY EXCHANGE LICENSE FOR PAWN AMERICA, 168 BLAKE ROAD NORTH WHEREAS, Pawn America has applied to the Commissioner of the Department of Commerce for the renewal of their Currency Exchange License, and; WHEREAS, The City of Hopkins has held the required public hearing and; WHEREAS, No reason could be found to deny the applicant, NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Hopkins does hereby approve Pawn America's application for the renewal of their Currency Exchange License. Adopted by the City Council of the City of Hopkins this 20 day of October, 2009. Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk