N.Y. Comp. Codes R. & Regs. tit. 3 § 400.14
Background. Chapter 546 of the Laws of 1994 altered the licensing criteria applicable to check cashers by substantially amending section 369 of the Banking Law to require, among other things, that the superintendent determine whether there is a community need for a new licensee in the proposed area to be served and to prohibit entirely the granting of a license at a location which is less than three-tenths of a mile from an existing licensee. In so acting, the Legislature adopted a specific statutory finding of legislative intent, to wit, "The legislature hereby finds and declares that check cashers provide important and vital services to New York citizens; that the business of check cashers shall be supervised and regulated through the Banking Department in such a manner as to maintain consumer confidence in such business and protect the public interest; that the licensing of check cashers shall be determined in accordance with the needs of the communities they are to serve; and that it is in the public interest to promote the stability of the check cashing business for the purpose of meeting the needs of the communities that are served by check cashers." However, the legislation left unamended Banking Law, section 370 which permits a licensee to apply to the superintendent for leave to change its place of business to any other location and which does not make explicit the standards to be applied by the superintendent in granting permission to relocate. A licensee must obtain a new license to conduct business at another location. In order to promote and maintain the stability of the check cashing business while accommodating the reasonable needs of current licensees to relocate, the following standards shall be applied by the superintendent in determining whether to approve applications for relocation to any site which is within three-tenths of a mile of another licensed location:
If the licensee seeks to relocate from a site within three-tenths of a mile of another licensee to another site within three-tenths of a mile of another licensee and the new site is closer to an existing licensee it may relocate to such site without complying with the conditions set forth in paragraphs (1), (2) and (3) of this subdivision if the licensee which is impacted by the relocation gives its written consent to such relocation. A copy of this consent shall be submitted to the superintendent by the licensee seeking to relocate together with its application. The superintendent shall approve or disapprove such application in accordance with the provisions of section 370 (3) of the Banking Law. In the case in which a licensee applies to relocate to a site which is not within three-tenths of a mile from another licensed location, in the absence of special factors, public convenience and advantage shall be deemed to be promoted without demonstration of community need therefor where the new location is no greater than three-tenths of a mile from the site from which permission to relocate is sought. For purposes of this subdivision, the term " special factors" shall include such interceding geographic or topographic features as may inhibit reasonable foot traffic between such locations (e.g., major roads or highways, bridges, mountains or the lack of reasonably direct street access).
N.Y. Comp. Codes R. & Regs. Tit. 3 § 400.14