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Home My WebLink About1999-15 08-18 APSTATE OF MINNESOTA) Notary Public ~�a SS. Subscribedd sworn or affirmed fore me on this ,9 day of U 4 999. newspapers AFFIDAVIT OF PUBLICATION COUNTY OF HENNEPIN) Frank Chilinski, being duly sworn on an oath states or affirms, that he is the publisher of the newspaper known as Sun -Post or the president's designated agent, and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive weeks; it was first published on Wednesday, the 18 day of August 1999, and was thereafter printed and published on every Wednesday to and including Wednesday, the day of 1999; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being he size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz 8Y: Publisher RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged 2.55 per line 6.20 per line 1.30 per line (Official Publication) CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 13th day of September, 1999, at 7 p.m. or as soon there after as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 23 regarding currency exchanges. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the per sonnel coordinator at 612- 569 -3300 to make arrange- ments. QRDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES RELATING TO CURRENCY EX- CHANGES, ADDING NEW SECTIONS 23-2201 THROUGH 23- 2205 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 23 of the City Ordinances of the City of Brooklyn Center is hereby amended by adding new sec tions 23 -2201 through 23 -2205 as follows: CURRENCY EXCHANGES Section 23 -2201. LICENSE REQUIRED: DEFINITION. No person shall engage in the business of currency ex- change within the City of Brooklyn Center without a li- cense as provided by Minnesota Statutes. Chapter 53A. The term "Currency Exchange" has the meaning given in Minnesota Statutes. Section 53A.01, Suhd. 1 Section 23 -2202. ACTION ON REFERRAL FROM COM- MISSIONER A. Upon referral of an application for a currency ex- change license from the Commissioner of Commerce and upon completion of statutory procedures for the consider ation thereof. the Council may approve the application de- cline to. act (in which case concurrence will he presumed by operation of law) or disapprove the application. If the ap- plication is disannmved the Council shall state its reasons therefor. Notice of disapproval may be communicated to the Commissioner of Commerce before the completion of resolution stating such findings when necessary to avoid a presumption of concurrence, J}, Disapproval of an application may be based on one or more of the following grounds in addition to any other ground allowed by law:T L Violation of any provision of the state currency ex- change law contained in Minnesota Statutes. Chapter 53A. 2, The apnlicant is not at least eighteen (18) years of age. 3, The applicant is not the real party in interest in the application, 4, The location of the business for which a new currency exchange license is sought is within one -half mile of an ex- igtine currency exchange licensed by the state. The -applicant or its proposed business location does not comply with applicable zoning. building. fire. and heslthrnles The license or permit was procured by misrepresenta- tion of material farts. fraud. deceit. or had faith L The applicant or one acting in his or her behalf made oral or written misstatements or misrepresentations of material facts in or accompanying the annlication. The license or permit was issued in violation of law, without authority or under a material mistake of fact, 8 la) The licensee or applicant (or any person whose conduct may by law he imputed to the licensee or anpli- cant) has violated or performed any act which is a viola- tion of any of the provisions of these chapters or of any statute. ordinance or regulation reasonably related to the licensed activity regardless of whether criminal charges have or have not been brought in connection therewith; The licensee or applicant has been convicted of a crime that may disqualify said applicant from holding the license in auestion under the standards and procedures in Min nesota Statutes Chapter 364: or i1 The license& or applicant (or any person whose conduct may by law be imputed to the licensee or applicant) has en- gaged in or permitted' a pattern or practice of conduct of failure to comply with laws reasonably related to the li- censed activity or from which an inference of lack of fitness or gond character may be drawn 11 The licensed business. or the wag in which such bus; Dess is onerated maintain. nr permits conditions that ui re asonably annoy inure, or endanger the safety health, morals comfort or renose of any considerable number members of the public, T t tic na e or nnlicint has shown bv past miscon or violent actions done to others. including but not limit ed to. actions meeting the definition of criminal sexual con duct pursuant to Minnesota Statutes Sections 609.34; i .•s tjon 626.556. subdivisions 2 and 10e. including. but rug limited to acts which constitute a violation of Minnesotk Statutes Sections 609.02. subdivision: 609.321 througt 609.3451: or 617.246: neglect or endangerment of a child es defined in Minnesota Statutes Section 626.557. subdi• yision 2: the manufacture. distribution. sale. gift. delivery transportation exchange. or barter of a controlled sub- stance as defined in Minnesota Statutes Chanter 152: the possession of a controlled substance as defined in Min- nesota Statutes Chapter 152 in such m'entit.ies nr under cirru stances giving rise to a reasonable inference that the possession was for the purpose of sale or distribution to others: or by the abuse of alcohol nr other drugs. that auch licensee or character or fitness l reauired to enga person e in a licensed activ i business. or profession 12 T i d' t r so'nenn sctirg nr his or her behalf or under the apnlicant's direction or contrel liar violated_ any of the Provisions of Section 23 -2203. C. Persons and Corporations. If an apnlicant is apart nershin. the application may be denied if there is a basil for denial as to any partner. If the apnlicant is a corpora- tion the application may he denied if there is a basis for denial as to any (i) shareholder holding more than five (5) percent of the outstanding or issued stock of the corpora- tion. or (ii) officer or director of the cornoration. or (iii) em- ployee of the enterprise having nolicv or management con- trol over the enterprise, section 23 -2203. RESTRICTIONS. All Currency Ex- changes shall he onerated and maintained in accordance with the requirements of state law and of this section: A, The business may not he advertised with backlighted sums or freestanding signs. Window signs shall not ex- ceed thirty (30) percent of the window area and shall not block views into the building at eye level. The window and door area of any existing first floor facade that faces a public street or sidewalk shall not be reduced. nor shall changes be made to such windows or doors that Klock views into the building at eye level. 1:.. 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 allow views into the building at eye level Id The use of bars. chains or similar security devices that are visible from a public street or sidewalk shall he pro bihited. E, The premises all adiacent streets sidewalks and al- leys. and all sidewalks and alleys within one hundred (100) feet shall be inspected regularly for purposes of removing any litter found thereon E The business premises shall not be so equipped as to enable employees to 4etivo+te remetp lurking merttgnisna to lock in patrons. customers. or others. ca, The licensee shall not engage in street solicitation for the business or distribute handbills within three hundred (300) feet of the licensed premises II, The licensee shall not give away cigarettes or licpior to customers either free or in connection with a check cash- ing transaction, L The business premises shall not be located within 300 feet of a school. day -care center church, hospital, on -sale liquor establishment. halfway house. theater. residence, r li bodypiercing establishment. or massage parlor. Section 23- 2204. 'SEVERA1IILITY. If any part of this or- dinance shall be adjudged to he invalid by a court of com- petent iurisdiction. such judgment or decree shall not af- fect or impair the remainderof this ordinance 5ection 23 -2205 PENALTY. Anyperson who violates or fails to comply with any Provision of this ordinance shall be guilty of a misdemeanor and subiect to a find not to ex- ceed $700 or imprisonment for a period not to exceed nine- tv (90) days or both. together with the costs of prosecution, Such penalty may he imposed in addition to a derision by the Council to disapprove applications for new licenses or license renewals. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal pub- lication. Adopted this day of 1999. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indi- cates new matter.) (August 18, 1999) P1/ Ord Amend Chap 23