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A license is transferable for a fee to any person who has actually acquired legal ownership of licensed premises. The transfer shall be effective for the unexpired portion of the license period provided that the transfer application is filed with the city prior to the actual change of legal ownership and the transferee is not disqualified from holding the license due to prior revocation or suspension of a license. The license shall terminate upon failure to apply for a transfer prior to change of legal ownership. The fee for the transfer shall be established by resolution.
(1) Police or fire calls. Licensed multiple dwellings that have generated an average of over 0.5 police or fire calls per dwelling unit in a preceding six month period as specified in this section shall be eligible only for a provisional license.
(a) Police and fire calls that are counted in determining whether a provisional license is required include the following types of calls or events:
1. Calls or events listed in division (1)(a)2. and (1)(a)3. below and § 1009.49(1);
2. Calls or events categorized as part one crimes in the Uniform Crime Reporting System, including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson;
3. Calls or events categorized by the Public Safety Department: miscellaneous juvenile status crimes, liquor offenses or curfew violations; disturbing the peace or harassing communications; property damage; criminal damage to property or trespass; domestic incidents; fire alarms; public disturbance or disorderly conduct; loud party or noise complaints; disorderly juveniles; assault in the fifth degree or non-domestic related assaults. The Director of Public Safety shall maintain for public inspection a description of the coding system and a list of the codes and crimes included within each of these categories of calls or events; and
4. The Director of Public Safety may determine that multiple incidents shall be counted as a single call in appropriate cases.
(b) Calls will not be counted for purposes of determining whether a provisional license is required where the victim and suspect are "family or household members" as defined in the Domestic Abuse Act, M.S. § 518B.01, Subd. 2(b), as it may be amended from time to time and where there is a report of "domestic abuse" as defined in the Domestic Abuse Act, M.S. § 518B.01, Subd. 2(a), as it may be amended from time to time.
(c) The period of time used to determine whether a provisional license is required is the six- month period ending two months before the commencement of the license term, either December 31 or June 30.
(d) The City will provide by mail to each licensee a monthly report of calls described in division (1)(a)2. and (1)(a)3. above and § 1009.49(1).
(2) Resident manager. Provisional licenses shall only be issued for facilities that have a manager or managers certified in accordance with § 1009.48. Managers must be resident managers or on site managers who are on site or available 24 hours a day.
(3) Mitigation plan. The applicant for a provisional license must submit a mitigation plan for the license period for review to the City Council. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls described in division (1) above to a level that qualifies for a regular license. The mitigation plan may include steps such as:
(a) Changes in tenant screening procedures; and
(b) Changes in lease terms, security measures, rules and regulations for tenant conduct and security personnel.
(4) Decision of City Council. The application and a proposed mitigation plan will be presented to the City Council together with a disposition recommendation by the City Administrator. After giving the applicant an opportunity to be heard and present evidence, the City Council shall approve, disapprove or approve with conditions the application and the mitigation plan. If the City Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing.
(5) Monthly reports. The licensee shall comply with the approved mitigation plan. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the city a written report describing all steps taken in furtherance of the mitigation plan during the preceding month.
(1) To qualify for a provisional license, the applicant must provide and maintain at least one resident manager or on site managers who are on site or available 24 hours a day and who are certified by this section.
(2) A person may be certified as a resident or on site manager after successfully completing the training program provided or specified by the city.
(3) A license may be granted to an applicant who does not currently have a certified resident or on site manager, and a license may continue in effect on the departure of a certified resident manager, on the condition that a resident manager or on site manager shall register for and complete the training program as promptly as is reasonably possible.
(1) Disorderly premises. The licensee shall be responsible for ensuring that persons occupying the licensed premises conduct themselves in a manner as not to cause the premises to be disorderly. For purposes of this section, a premises is disorderly at which any of the following activities occur:
(a) Violation of laws relating to the possession of controlled substances as defined in M.S. § 152.01, Subd. 4., as it may be amended from time to time;
(b) Violation of M.S. § 609.72 (Disorderly Conduct), as it may be amended from time to time;
(c) The unlawful sale of intoxicating liquor or 3.2% malt liquor;
(d) Violation of laws relating to gambling;
(e) Violation of laws relating to prostitution as defined in M.S. § 609.321, Subd. 9, as it may be amended from time to time, or acts relating to prostitution;
(f) Unlawful use or possession of a firearm or weapon in violation of M.S. §§ 609.66, Subd. la, 609.67 or 624.713, as they may be amended from time to time;
(g) Violation of M.S. § 609.506 (False Info to Police Officer), as it may be amended from time to time;
(h) Violation of M.S. § 609.705 (Unlawful Assembly), as it may be amended from time to time;
(i) Violation of M.S. § 609.71 (Riot), as it may be amended from time to time;
(j) Violation of M.S. § 609.713 (Terrorist Threat), as it may be amended from time to time;
(k) Violation of M.S. § 609.715 (Presence at Unlawful Assembly), as it may be amended from time to time; and
(l) Violation of M.S. § 609.487 (Fleeing, Other Than Vehicle), as it may be amended from time to time.
(2) Enforcement authority. The City Administrator shall be responsible for enforcement and administration of this chapter. Authority to take any action authorized by this chapter may be delegated to the City Administrator's authorized designee.
(3) Notice of violation. Upon determination by the city that a licensed premises was used in a disorderly manner notice of the violation shall be given to the licensee. The notice shall include a directive for the licensee to take steps to prevent further violations. The disorderly manner shall be as defined in division (9) below.
(4) Second instance. If a second instance of disorderly use of the licensed premises occurs within three months of an incident for which a notice was provided as specified in division (3) above, the city shall notify the licensee of the violation and shall also require the licensee to submit a written report of the actions taken and proposed to be taken by the licensee to prevent further disorderly use of the premises. This written report shall be submitted to the city within five days of receipt of the notice of disorderly use of the premises and shall detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three months.
(5) Third instance. If a third instance of disorderly use of the licensed premises occurs within three months after any two previous instances of disorderly use for which notices were provided as specified in divisions (3) and (4) above, the rental dwelling license for the premises may be denied, revoked, suspended or not renewed. An action to deny, revoke, suspend or not renew a license under this division shall be initiated by the city by giving written notice to the licensee of a hearing before the City Council to consider the denial, revocation, suspension or non-renewal. The written notice shall specify all violations and shall state the date, time, place and purpose of the hearing. The hearing shall be held no less than ten days and no more than 30 days after giving the notice.
(6) Action of the City Council. Following the hearing, the City Council may deny, revoke, suspend or decline to renew the license for all or any part or parts of the licensed premises or may grant a license upon terms and conditions as it deems necessary to accomplish the purposes of this section.
(7) Instances defined. For purposes of this section, second and third instances of disorderly use shall be those which:
(a) Occur at the same rental unit;
(b) Involve tenants at the same rental unit;
(c) Involve guests or invitees at the same rental unit;
(d) Involve guests or invitees of the same tenant; or
(e) Involve the same tenant.
(8) Eviction proceedings. No adverse license action shall be imposed where the instance of disorderly use of the licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within 30 days of notice given by the licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use.
(9) Evidence of disorderly manner. A determination that the licensed premises have been used in a disorderly manner as described in division (1) above shall be made upon substantial evidence to support this determination. It shall not be necessary that criminal charges be brought in order to support a determination of disorderly use nor shall the fact or dismissal or acquittal of a criminal charge operate as a bar to adverse license action under this section.
(10) Serving of notice. All notices given by the city under this section shall be personally served on the licensee, sent by registered mail to the licensee's last known address, or, if neither method of service effects notice, by posting the notice in a conspicuous place on the licensed premises.
(11) Council action not exclusive. Enforcement actions provided in this section shall not be exclusive. The City Council may take any action with respect to a licensee, a tenant or the licensed premises as is authorized by the city code or state law.
(1) Reason for action. The Council may revoke, suspend, deny or decline to renew any license issued under this chapter upon any of the following grounds:
(a) False statements on any application or other information or report required by this chapter to be given by the applicant or licensee;
(b) Failure to pay any application, penalty, re-inspection or reinstatement fee required by this chapter and resolution;
(c) Failure to correct deficiencies noted in notices of violation in the time specified in the notice;
(d) Failure to comply with the provisions of an approved mitigation plan in the case of provisional licenses; and
(e) Any other violation of this chapter.
(2) Applicable sections. Revocation, suspension and non-renewal may be brought under either this section or § 1009.49(6), or both.
(3) Regular license. A regular license shall be revoked, if at midterm, or not renewed, if at the end of a term, upon a finding that the premises are only eligible for a provisional license as provided in § 1009.47.
(4) Written notice. A decision to revoke, suspend, deny or not renew a license shall be preceded by written notice to the applicant or licensee of the alleged grounds therefore and the applicant or licensee will be given an opportunity for a hearing before the City Council before final action to revoke, suspend, deny or not renew a license.
(5) Action of City Council. The City Council shall give due regard to the frequency and seriousness of violations, the ease with which the violations could have been cured or avoided and good faith efforts to comply and shall issue a decision to deny, not renew, suspend or revoke a license only upon written findings. The City Council may suspend or revoke a license or not renew a license for part or all of a facility.
(6) Reinstatement of license. Upon a decision to revoke, deny or not renew a license, no new application for the same facility will be accepted for a period of time specified in the written decision of the City Council, not exceeding one year. The new applications must be accompanied by a reinstatement fee, as specified by ordinance, in addition to all other fees required by this chapter.
(7) No new rentals. A written decision to revoke, suspend, deny or not renew a license or application shall specify the part or parts of the facility to which it applies. Thereafter, and until a license is reissued or reinstated, no rental units becoming vacant in such part or parts of the facility may be re-let or occupied. Revocation, suspension or non-renewal of a license shall not excuse the owner from compliance with all terms of this chapter for as long as any units in the facility are occupied.
(8) Failure to comply. Failure to comply with all terms of this chapter during the term of revocation, suspension or non-renewal is a misdemeanor and grounds for extension of the term of the revocation or suspension or continuation of non-renewal, or for a decision not to reinstate the license, notwithstanding any limitations on the period of suspension, revocation or non-renewal specified in the City Council's written decision or in division (6) above.
Cross-reference:
City fee schedule, see § 218.01
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