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Conditional Use Permit No. 2007-21 <br />March 3, 2008 <br />Page 4 <br />Commercial banking establishments, such as Bank of America, Wells Fargo <br />and Washington Mutual typically require two forms of identification for <br />those wishing to open new accounts. These banks accept Consular <br />Identification cards issued by foreign governments, such as the Matricula <br />Consular issued by the Government of Mexico, as one form of valid <br />identification. This practice was authorized by the United States <br />Treasury Department as part of the requirement that banking <br />establishments must require valid identification from those wishing to <br />open new accounts pursuant to the provisions of the U.S. Patriot Act. <br />Once an account is established, the bank customer is eligible for all <br />check cashing services provided by the bank. Consular Identification <br />cards are also issued by the governments of Guatemala, Argentina, <br />Columbia and E1 Salvador. There are currently three commercial banks <br />within a one-mile radius of the subject site (Exhibit 4) that accept <br />Consular Identification cards as a form of valid identification. <br />The check cashing industry is regulated by the State of California and <br />permits are issued from the Check Casher Permit Program through the <br />Attorney General's Department of Justice. A permit is required for each <br />check cashing establishment and is valid for one year. A permit can be <br />renewed; however, the permit can be revoked if the applicant violates the <br />provisions or regulations of the check Casher permit. A condition of <br />approval has been added by staff to ensure that the business obtains a <br />Check Casher Permit prior to the issuance of a Certificate of Occupancy. <br />The City Council also requested information on consumer protections <br />available to patrons of check cashing facilities. California Civic Code <br />Section 1789.35 regulates the fee amounts that can be charged for the <br />cashing of a check. Up to a 3 percent fee can be charged to cash a <br />payroll or government check if identification is provided by the <br />customer, or 3.5 percent without identification, or $3, which ever is <br />greater. In addition, a check cashing business may charge up to a 12 <br />percent fee for cashing a personal check. If a customer feels that he or <br />she has been charged fees in excess of those allowed by law, they may <br />contact the California Department of Justice. <br />CEQA Compliance <br />In accordance with the California Environmental Quality Act, the <br />recommended action is exempt from further review per Section 15301. This <br />Class 1 exemption allows the licensing of existing facilities with no <br />expansion of the existing use. Categorical Exemption Environmental Review <br />No. 2006-100 will be filed for this project. <br />7 5A-4 <br />