| * * * * * * * * * * * * * * * * * * * * * * * IN THE MATTER OF: VISELS DRUG STORE, | * * * * * * * * * * | CONSENT ORDER |
WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Part IV of Chapter 668, Sections 36a-580 to 36a-589, inclusive, of the Connecticut General Statutes, “Check Cashing Services”, and Sections 36a-585-1, 36a-588-1, 36a-588-3 and 36a-588-4 of the Regulations of Connecticut State Agencies (“Regulations”);
WHEREAS, Visels Drug Store is a Connecticut corporation that is not currently licensed to operate a general facility at 714 Dixwell Avenue, New Haven, Connecticut;
WHEREAS, the Commissioner, through the Consumer Credit Division of the Department of Banking, conducted an investigation pursuant to Section 36a-17(a) of the Connecticut General Statutes into the activities of Visels Drug Store to determine if it had violated, was violating or was about to violate the provisions of the Connecticut General Statutes and Regulations within the jurisdiction of the Commissioner;
WHEREAS, as a result of such investigation, the Commissioner alleges that Visels Drug Store, during the period of January 1, 2011 through March 31, 2013, engaged in the business of cashing checks, drafts or money orders for consideration without licensure for a general facility or limited facility at 714 Dixwell Avenue, New Haven, Connecticut, in violation of Section 36a-581(a) of the Connecticut General Statutes;
WHEREAS, the Commissioner believes that such allegation would support initiation of enforcement proceedings against Visels Drug Store, including proceedings to issue a cease and desist order against Visels Drug Store pursuant to Sections 36a-587(b) and 36a-52(a) of the Connecticut General Statutes, and impose a civil penalty of up to one hundred thousand dollars ($100,000) per violation on Visels Drug Store pursuant to Sections 36a-587(b) and 36a-50(a) of the Connecticut General Statutes;
WHEREAS, initiation of such enforcement proceedings would constitute a “contested case” within the meaning of Section 4-166(2) of the Connecticut General Statutes;
WHEREAS, Section 4-177(c) of the Connecticut General Statutes and Section 36a-1-55(a) of the Regulations of Connecticut State Agencies provide that a contested case may be resolved by consent order, unless precluded by law;
WHEREAS, both the Commissioner and Visels Drug Store acknowledge the possible consequences of formal administrative proceedings, and Visels Drug Store voluntarily agrees to consent to the entry of the sanctions described below without admitting or denying any allegation contained herein and solely for the purpose of obviating the need for further formal administrative proceedings concerning the allegation contained herein;
WHEREAS, Visels Drug Store herein represents to the Commissioner that it has not engaged in the business of cashing checks, drafts or money orders for consideration without licensure for a general facility or limited facility since May 2013;
WHEREAS, Visels Drug Store specifically assures the Commissioner that the violation described herein shall not occur in the future;
AND WHEREAS, Visels Drug Store, through its execution of this Consent Order, voluntarily agrees to waive its procedural rights, including a right to notice and an opportunity for hearing as it pertains to the allegation set forth herein, and voluntarily waives its right to seek judicial review or otherwise challenge or contest the validity of this Consent Order.
CONSENT TO ENTRY OF SANCTIONS
WHEREAS, Visels Drug Store, through its execution of this Consent Order, consents to the Commissioner’s entry of a Consent Order imposing the following sanctions:
| 1. | No later than the date this Consent Order is executed by Visels Drug Store, Visels Drug Store shall remit to the Department of Banking by cashier’s check, certified check or money order made payable to “Treasurer, State of Connecticut”, the sum of Five Hundred Dollars ($500) as a civil penalty; and |
| 2. | Visels Drug Store shall not engage in the business of cashing checks, drafts or money orders for consideration, except as an incident to the conduct of any other lawful business where not more than fifty cents ($.50) is charged for the cashing of such check, draft or money order, without obtaining a license to operate a check cashing general facility or limited facility for each additional location where such business is to be conducted. |
CONSENT ORDER
NOW THEREFORE, the Commissioner enters the following:
| 1. | The Sanctions set forth above be and are hereby entered; |
| 2. | Upon issuance of this Consent Order by the Commissioner, this matter will be resolved and the Commissioner will not take any future enforcement action against Visels Drug Store based upon the allegation contained herein; provided that issuance of this Consent Order is without prejudice to the right of the Commissioner to take enforcement action against Visels Drug Store based upon a violation of this Consent Order or the matters underlying its entry, if the Commissioner determines that compliance with the terms herein is not being observed or if any representation made by Visels Drug Store and reflected herein is subsequently discovered to be untrue; |
| 3. | Nothing in the issuance of this Consent Order shall adversely affect the ability of Visels Drug Store to apply for or obtain a license or renewal license for a general facility or limited facility under Part IV of Chapter 668, Sections 36a-580, et seq. of the Connecticut General Statutes, provided all applicable legal requirements for such license are satisfied; and |
| 4. | This Consent Order shall become final when issued. |
Issued at Hartford, Connecticut
this 13th day of September 2013.
________/s/_________
Howard F. Pitkin
Banking Commissioner
I, Edmund J. Funaro, Sr., state on behalf of Visels Drug Store, Incorporated a/k/a Visels Pharmacy, that I have read the foregoing Consent Order; that I know and fully understand its contents; that I am authorized to execute this Consent Order on behalf of Visels Drug Store, Incorporated a/k/a Visels Pharmacy; that Visels Drug Store, Incorporated a/k/a Visels Pharmacy agrees freely and without threat or coercion of any kind to comply with the sanctions entered and terms and conditions ordered herein; and that Visels Drug Store, Incorporated a/k/a Visels Pharmacy voluntarily agrees to enter into this Consent Order, expressly waiving the procedural rights set forth herein as to the matters described herein.
By: ________/s/________
Name: Edmund J. Funaro Sr.
Title: President
Visels Drug Store, Incorporated
a/k/a Visels Pharmacy
State of: Connecticut
County of: New Haven
On this the 24 day of August 2013, before me, Edmund J. Funaro, Jr., the undersigned officer, personally appeared Edmund J. Funaro, Sr. who acknowledged himself/herself to be the President of Visels Drug Store, Incorporated a/k/a Visels Pharmacy, a corporation, and that he/she as such Officer, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself/herself as President of Visels Drug Store, Incorporated a/k/a Visels Pharmacy.
In witness whereof I hereunto set my hand.
_________/s/_________
Notary Public
Date Commission Expires: June 30, 2014