(A) Disorderly conduct prohibited. Disorderly conduct is prohibited on all permitted premises. It shall be the responsibility of the owner to ensure that all tenants occupying the permitted premises and their guests conduct themselves in such a manner as not to cause the permitted premises to be disorderly. For purposes of this section, disorderly conduct includes but is not limited to, a violation of any of the following statutes or ordinances:
(1) M.S. §§ 609.75 - 609.76, which prohibits gambling;
(2) M.S. §§ 609.321 - 609.324, which prohibits prostitution and acts relating thereto;
(3) M.S. §§ 152.01 - 152.027, which prohibits the unlawful sale or possession of controlled substances;
(4) M.S. § 340A.401, which prohibits the unlawful sale of alcoholic beverages;
(5) M.S. § 340A.503, which prohibits the underage consumption of alcoholic beverages;
(6) M.S. § 609.595, which prohibits damage to property;
(7) M.S. §§ 97B.021, 97B.045, 609.66-609.67, and 624.712-624.716, and §§ 130.16, 130.19, 130.20, 130.22 of the City Code, which prohibits the unlawful possession, transportation, sale, or use of a weapon;
(8) M.S. § 609.72, which prohibits disorderly conduct, when the violation disturbs the peace and quiet of the other occupants of the permitted premises or other surrounding premises;
(9) M.S. § 152.027, subd. 4, which prohibits the unlawful sale or possession of small amounts of marijuana;
(10) M.S. § 152.092, which prohibits the unlawful possession or use of drug paraphernalia;
(11) Minnesota State Fire Code 302 and 307-307.5, which limit recreational fires to no larger than three feet by three feet, natural wood only, attended until extinguished, conditions permitting; and
(12) M.S. §§ 624.20-624.21 which prohibits exploding fireworks.
(B) Determination of disorderly conduct.
(1) A determination that the permitted premises have been used in a disorderly manner as described in this section shall be made by the Building Official upon evidence to support such a determination. It shall not be necessary that criminal charges are brought to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse permit action under this section.
(2) Upon determination by the Building Official that a permitted premises was used in a disorderly manner, as described in this section, the Building Official shall notify the owner and agent by certified mail of the violation and direct the owner and/or agent to take appropriate action to prevent further violations.
(3) If a second instance of disorderly use of the permitted premises occurs within one year of an incident for which notice in this section was given, the Building Official shall notify the owner and agent by certified mail of the violation and shall also require the owner and agent to submit within 15 days a written report of the actions taken, and proposed to be taken, by the owner and/or agent to prevent further disorderly use of the permitted premises.
(4) If a third incident of disorderly use of the permitted premises occurs within one year after the second of any two previous instances of disorderly use for which notices were sent to the owner and agent pursuant to this subsection, the short-term rental license may be revoked, suspended, or not renewed. An action to revoke, suspend, or not renew a license under this section shall be initiated by the Building Official in the manner described below.
(Ord. 567, passed 5-22-23; Am. Ord. 574 passed 9-11-23)