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5.2. SR 10-16-2006 City of Elk River REQUEST FOR COUNCIL ACTION Agenda Section Meeting Date Administration October 16, 2006 Item Description Omsider the Renewal of the Currency Exchange License for Wal-Mart Stores, Inc. at 18185 Zane Street, Public Hearin Item Number 5.2. Prepared by oan Schmidt, Ci Oerk Reviewed by Introduction State Statute requires the City to publish a notice and to conduct a public hearing regarding applications and renewals for currency exchange licenses. Wal- Mart Stores, Inc. has applied to the Minnesota Department of Commerce to renew its currency exchange license to operate at 18185 Zane Street. Discussion The Commissioner of Commerce issues the license, however, the application or renewal cannot be approved by the Commissioner without the concurrence of the governing body of the local unit of government. In consulting with Police Chief Beahen, he stated that he did not have concerns. The renewal application was received on September 26, 2006 and the City Council of Elk River is required to render a decision regarding the renewal of the license within 60 days. Financial Impact N/A Attachments . Letter from Minnesota Department of Commerce . State Statute 53A04 Action Requested Council motion approving a Currency Exchange license renewal for 2007 for Wal- Mart Stores, Inc. operating at 18185 Zane St. Council Action Motion by _ Second by _ Vote Follow Up S:\Council\J oan \Gu-rency Exchange \ Wal-mart 2006.doc SEP 2 6 lOOo MINNESOTA DEPARTMENT OF COMMERCE 85 7th Place East, Suite 500 St. Paul, Minnesota 55101-2198 651.296.4026 FAX 651.297.1959 TTY 651.297.3067 September 22, 2006 City Clerk City of Elk River 13065 Orono Rd. Elk River, MN 55330 CERTIFIED MAIL RE: Wal-Mart Stores, Inc. - License #20431046 Currency Exchange License Renewal for 2007 Dear City Clerk: The above-named currency exchange licensee has made application to renew its currency exchange license to operate at: 18185 Zane St. Elk River, MN 55330 Pursuant to Minnesota Statutes Chapter 53A.04, we are forwarding a copy of the complete renewal application to the City of Elk River care of your office for you to review. Minnesota Statutes Chapter 53A.04 requires the Department of Commerce to submit any application for licensure as a currency exchange to the governing body ofthe municipality in which the currency exchange conducts business. The law further requires the governing body of the municipality to render a decision regarding the renewal of the license within 60 days. Your cooperation in forwarding this information to the proper unit within your organization is appreciated. Your reply must be received within 60 days of receipt of this letter. If you have any questions, please contact me at the telephone number listed below. Very truly yours, K~~ 6Mv~ Robin H. Brown Financial Examinations Division 651-282-9855 651-296-9851 (Fax) Enclosure Market Assurance: 1.800.657.3602 Energy Information: 1.800.657.3710 www.commerce.state.mn.us Licensing: 1.800.657.3978 Unclaimed Property: 1.800.925.5668 An Equal Opportunity Employer 53A.04 53A.04 Approval or denial of an application. (a) Within 30 days after the receipt of a complete application, the commissioner shall deny the application or submit the application to the governing body of the local unit of government in which the applicant is located or is proposing to be located. The commissioner may not approve the application without the concurrence of the governing body. The governing body shall give published notice of its intention to consider the issue and shall solicit testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located. If the governing body has not approved or disapproved the issue within 60 days of receipt of the application, concurrence is presumed. The commissioner must approve or disapprove the application within 30 days from receiving the decision of the governing body. The governing body shall have the sole responsibility for its decision. The state shall have no responsibility for that decision. (b) If the application is denied, the commissioner shall send by mail notice of the denial and the reason for the denial to the applicant at the address contained in the application. If an application is denied, the applicant may, within 30 days of receiving the notice of a denial, request a contested case hearing pursuant to chapter 14; provided that if the denial is based upon the refusal of the governing body to concur the governing body must afford the applicant a hearing. The applicant shall have no right to the hearing provided for in this section if the denial is based upon the governing body's refusal to concur but shall have a hearing before the governing body. (c) This section applies to initial applications and renewal applications. (d) The state shall have no responsibility for the action of the governing body. HIST: 1989 c 247 s 4; 1992 c 504 s 4