The URL can be used to link to this page

Home My WebLink About1999-15 09-13 CCOCITY 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 thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 23 of the City Ordinances Relating to Currency Exchanges, Adding New Sections 23 -2201 Through 23 -2205. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 612 -569 -3300 to make arrangements. ORDINANCE NO. 99 -15 AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES RELATING TO CURRENCY EXCHANGES, 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 sections 23 -2201 through 23 -2205 as follows: CURRENCY EXCHANGES Section 23 -2201. LICENSE REQUIRED• DEFINITION. No person shall engage in the business of currency exchanae within the City of Brooklyn Center without a license as provided by Minnesota Statutes, Chapter 53A. The term "Currency Exchange" has the meaning given in Minnesota Statutes, Section 53A.01, Subd. 1. Section 23 -2202. ACTION ON REFERRAL FROM COMMISSIONER. A. Upon referral of an application for a currency exchange license from the Commissioner of Commerce and upon completion of statutory procedures for the consideration thereof. the Council may approve the application decline to act (in which case concurrence will be presumed by operation of law) or disapprove the application. If the application is disapproved, the Council shall state its reasons therefor. Notice of disapproval may be communicated to the Commissioner of Commerce before the completion of a resolution stating such findings when necessary to avoid a presumption of concurrence. B. Disapproval of an application may be based on one or more of the following grounds, in addition to any other ground allowed by law: 1. Violation of any provision of the state currency exchange law contained in Minnesota Statutes, Chapter 53A. ORDINANCE NO. 00 -15 2. The applicant 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 existing currency exchange licensed by the state. 5. The applicant or its proposed business location does not comply with applicable zoning, building, fire, and health codes. 6. The license or permit was procured by misrepresentation of material facts, fraud, deceit or bad faith. 7. The applicant or one acting in his or her behalf made oral or written misstatements or misrepresentations of material facts in or accompanying the application. 8. The license or permit was issued in violation of law, without authority, or under a material mistake of fact. 9. 0) The licensee or applicant (or any person whose conduct may by law be imputed to the licensee or applicant) has violated or performed any act which is a violation 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; (b) The licensee or applicant has been convicted of a crime that may disqualify said applicant from holding the license in question under the standards and procedures in Minnesota Statutes Chapter 364: or CO The licensee or applicant (or any person whose conduct may by law be imputed to the licensee or applicant) has engaged in or permitted a pattern or practice of conduct of failure to comply with laws reasonably related to the licensed activity or from which an inference of lack of fitness or good character may be drawn. 10. The licensed business, or the way in which such business is operated, maintains or permits conditions that unreasonably annoy, injure, or endanger the safety, health, morals, comfort, or repose of any considerable number of members of the public. 11. The licensee or applicant has shown by past misconduct or unfair acts or dealings: physical abuse, assaults, or violent actions done to others, including, but not limited ORDINANCE NO. 99 -15 to. actions meeting the definition of criminal sexual conduct pursuant to Minnesota Statutes Sections 609.342 through 609.3451; sexual abuse. physical abuse, or maltreatment of a child as defined in Minnesota Statutes Section 626.556, subdivisions 2 and 10e, including, but not limited to, acts which constitute a violation of Minnesota Statutes Sections 609.02, subdivision; 609.321 through 609.3451; or 617.246; neglect or endangerment of a child as defined in Minnesota Statutes Section 626.557, subdivision 2; the manufacture. distribution. sale, gift, delivery., transportation, exchange, or barter of a controlled substance as defined in Minnesota Statutes Chapter 152; the possession of a controlled substance as defined in Minnesota Statutes Chapter 152 in such quantities or under circumstances 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 or other drugs. that such licensee or applicant is not a person of good moral character or fitness required to engage in a licensed activity. business. or profession. 12. The applicant or someone acting on his or her behalf or under the applicant's direction or control has violated any of the provisions of Section 23 -2203. C. Persons and Corporations. If an applicant is a partnership. the application may be denied if 111/ there is a basis for denial as to any partner. If the applicant is a corporation. the application may be 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 corporation. or (ii) officer or director of the corporation. or (iii) employee of the enterprise having policy or management control over the enterprise. Section 23 -2203. RESTRICTIONS. All Currency Exchanges shall be operated and maintained in accordance with the requirements of state law and of this section: A. The business may not be advertised with backlighted signs or awnings. roof signs, portable signs, temporary signs, or freestanding signs. Window signs shall not exceed thirty (30) percent of the window area and shall not block views into the building at eye level. B. 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 block views into the building at eye level. C. 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. D. The use of bars. chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. ORDINANCE NO. _99-15 E. The premises, all adjacent streets sidewalks. and alleys, and all sidewalks and alleys within one hundred (100) feet shall be inspected regularly for purposes of removing any litter found thereon. F. The business premises shall not be so equipped as to enable employees to activate remote locking mechanisms to lock in patrons, customers, or others. G. The licensee shall not engage in street solicitation for the business or distribute handbills within three hundred (300) feet of the licensed premises. H. The licensee shall not give away cigarettes or liquor to customers either free or in connection with a check cashing transaction. I. 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, pawnshop, secondhand goods dealer, tattoo establishment, body piercing establishment, or massage parlor. Section 23 -2204. SEVERABILITY. If any part of this ordinance shall be adjudged to be invalid by a court of competent jurisdiction, such judgment or decree shall not affect or impair the remainder of this ordinance. Section 23 -2205. PENALTY. Any person who violates or fails to comply with any provision of this ordinance shall be guilty of a misdemeanor and subject to a find not to exceed $700 or imprisonment for a period not to exceed ninety (90) days or both, together with the costs of prosecution. Such penalty may be imposed in addition to a decision 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 publication. Adopted this 13th day of September 1999. ATTEST: Date of Publication Effective Date a cm-ikyikttetm- City Clerk September 22, 1999 October 22. 1999 (Strikeout indicates matter to be deleted, underline indicates new matter.)