HomeMy WebLinkAboutORD 1312ORD 1312Ä— À HÄ—@¸— D {Í«ORDINANCE NO. 1312
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK AMENDING SECTION 153.003 OF
THE BALDWIN PARK MUNICIPAL CODE RELATING TO
CHECK CASHING FACILITIES, MONEY WIRING
FACILITIES, AND FREESTANDING ATM KIOSKS
APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC-
160)
WHEREAS, In February 15, 2006, the City Council adopted Ordinance 1279
declaring a moratorium on the establishment of check cashing facilities, money wiring
facilities and freestanding ATM kiosks within the City of Baldwin Park for a period of 45
days; and
WHEREAS, on March 15, 2006, the City Council adopted Ordinance 1284
extending the initial moratorium on the construction of check cashing facilities, money
wiring facilities and freestanding ATM kiosks for an additional twenty-two 22) months
and fifteen 15) days; and
WHEREAS, the City of Baldwin Park desires to improve its visual and aesthetic
image; and
WHEREAS, in an effort to assist in attaining a positive, aesthetically pleasing city
image, the City desires to eliminate the future establishment of check cashing facilities,
money wiring facilities and freestanding ATM kiosks within the City of Baldwin Park; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
ORDAINS AS FOLLOWS:
Section 1. Section 153.003 of the Baldwin Park Municipal Code is hereby
amended by inserting the following definitions to that section in correct alphabetical
order:
153.003 Definitions.
BANK/FINANCIAL INSTITUTION. A full-service state or federally
chartered bank, savings association, credit union or industrial loan
company, but does not include any business whose primary function is
check cashing, money wiring or operation of freestanding automated teller
machines/kiosks.
CHECK CASHING. A person or entity that for compensation engages, in
whole or in part, in the business of cashing checks, warrants, drafts
money orders or other commercial paper serving the same purpose.
Check cashing does not include a retail seller i) engaged primarily in the
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business of selling consumer goods, including consumables to retail
buyers, and ii) that also cashes checks or issues money orders for a
minimum flat fee not exceeding Two Dollars $2.00) as a service to its
customers that is incidental to its main purpose of business.
MONEY WIRING. A person or entity that for compensation primarily
engages in the business of sending money to an end entity via a transfer
for pick-up by an individual or business entity.
FREESTANDING AUTOMATED TELLER MACHINE/KIOSKS. A
machine not on the premises of a financial institution, either manned or
unmanned, that engages in receiving deposits and dispensing cash
money from walk-up individuals. This definition does not include an
unmanned automated teller machine that is located wholly within the
confines of a retail seller engaged primarily in the business of selling
consumer goods and or perishables.
Section 2. That the City Clerk shall certify to the adoption of this Ordinance
and shall cause a copy of the same to be published in a manner prescribed by law, and
shall forward a copy of the same to the Secretary of the Planning Commission. The
Secretary of the Planning Commission shall file the Notice of Determination and
Negative Declaration of Environmental Impact.
APPROVED, and ADOPTED this 20th day of February, 2008.
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ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK
I, Laura M. Nieto, Deputy City Clerk, of the City of Baldwin Park, do hereby certify
that the foregoing Ordinance 1312 was introduced at a regular meeting of the City
Council held on February 6, 2008, and was adopted by the City Council at its regular
meeting held on February 20, 2008, by the following vote of the Council:
AYES: COUNCILMEMBERS: Marlen Garcia, Monica Garcia, Ricardo
Pacheco, Mayor Pro Tem Anthony J.
Bejarano, and Mayor Manuel Lozano
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
RA M. NIETO
DEPUTY CITY CLERK
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