Legislation
SECTION 370
Restrictions as to place or area of doing business; establishment of stations; change of location
Banking (BNK) CHAPTER 2, ARTICLE 9-A
§ 370. Restrictions as to place or area of doing business;
establishment of stations; change of location. 1. No more than one place
of business or one mobile unit shall be maintained under the same
license; provided, however, that more than one license may be issued to
the same licensee upon compliance with the provisions of this article
for each new license.
2. Any licensed casher of checks may open and maintain, within this
state, one or more limited stations for the purpose of cashing checks,
drafts or money orders for the particular group or groups specified in
the license authorizing each such station. Such stations shall be
licensed pursuant to and be subject to all the provisions of this
chapter applicable to licensed cashers of checks, except that (a) such
station shall not be subject to the distance limitation set forth in
subdivision one of section three hundred sixty-nine of this article, (b)
the fee for investigating the application for a station shall be as
prescribed pursuant to section eighteen-a of this chapter, and (c) where
such a station is at the premises of a specified employer for the
purpose of cashing checks, drafts and money orders for the employees of
such employer, the fees and charges for cashing such checks, drafts or
money orders shall not be subject to the limitations of subdivision one
of section three hundred seventy-two of this article if such fees and
charges are paid by such employer.
3. A licensee may make a written application to the superintendent for
leave to change his or her place of business, or in the case of a mobile
unit, the area in which such unit is authorized to be operated, stating
the reasons for such proposed change. Such application may be approved
for relocation from a site within three-tenths of a mile of another
licensee to another site within three-tenths of a mile of such other
licensee provided that such new site is farther from such existing
licensee than the site from which permission to relocate is sought. Only
in situations in which a licensee seeks to change its place of business
due to extraordinary circumstances, as may be determined by the
superintendent pursuant to regulations, may the superintendent, in his
or her discretion, determine that an application may be approved for
relocation from a site within three-tenths of a mile of another licensee
to a new site which is closer to such existing licensee than the site
from which permission to relocate is sought. Notwithstanding any other
provision of this subdivision, a licensee may relocate from any location
to a location that is within three-tenths of a mile from another
licensee with the written consent of the other licensee. If the
superintendent approves such application he or she shall issue a new
license in duplicate in accordance with the provisions of section three
hundred sixty-nine of this article, stating the new location of such
licensee or, in the case of a mobile unit, the new area in which such
mobile unit may be operated.
establishment of stations; change of location. 1. No more than one place
of business or one mobile unit shall be maintained under the same
license; provided, however, that more than one license may be issued to
the same licensee upon compliance with the provisions of this article
for each new license.
2. Any licensed casher of checks may open and maintain, within this
state, one or more limited stations for the purpose of cashing checks,
drafts or money orders for the particular group or groups specified in
the license authorizing each such station. Such stations shall be
licensed pursuant to and be subject to all the provisions of this
chapter applicable to licensed cashers of checks, except that (a) such
station shall not be subject to the distance limitation set forth in
subdivision one of section three hundred sixty-nine of this article, (b)
the fee for investigating the application for a station shall be as
prescribed pursuant to section eighteen-a of this chapter, and (c) where
such a station is at the premises of a specified employer for the
purpose of cashing checks, drafts and money orders for the employees of
such employer, the fees and charges for cashing such checks, drafts or
money orders shall not be subject to the limitations of subdivision one
of section three hundred seventy-two of this article if such fees and
charges are paid by such employer.
3. A licensee may make a written application to the superintendent for
leave to change his or her place of business, or in the case of a mobile
unit, the area in which such unit is authorized to be operated, stating
the reasons for such proposed change. Such application may be approved
for relocation from a site within three-tenths of a mile of another
licensee to another site within three-tenths of a mile of such other
licensee provided that such new site is farther from such existing
licensee than the site from which permission to relocate is sought. Only
in situations in which a licensee seeks to change its place of business
due to extraordinary circumstances, as may be determined by the
superintendent pursuant to regulations, may the superintendent, in his
or her discretion, determine that an application may be approved for
relocation from a site within three-tenths of a mile of another licensee
to a new site which is closer to such existing licensee than the site
from which permission to relocate is sought. Notwithstanding any other
provision of this subdivision, a licensee may relocate from any location
to a location that is within three-tenths of a mile from another
licensee with the written consent of the other licensee. If the
superintendent approves such application he or she shall issue a new
license in duplicate in accordance with the provisions of section three
hundred sixty-nine of this article, stating the new location of such
licensee or, in the case of a mobile unit, the new area in which such
mobile unit may be operated.