(A) It shall be the responsibility of the licensee to take appropriate action following conduct by occupant(s) or guest(s) of the occupant(s) which is in violation of any of the following statutes:
(1) M.S. §§ 609.75 through 609.76, which prohibit gambling.
(2) M.S. §§ 609.321 through 609.324, which prohibit prostitution and acts relating thereto.
(3) M.S. §§ 152.01 through 152.025, and § 152.027 subdivisions 1 and 2, which prohibit the unlawful sale, possession of and manufacturing of controlled substances.
(4) M.S. § 340A.401, which regulates the unlawful sale of alcoholic beverages.
(5) M.S. § 609.33, which prohibits owning, leasing, operating, managing, maintaining, or conducting a disorderly house, or inviting or attempting to invite others to visit or remain in a disorderly house.
(6) M.S. § 609.72, which prohibits disorderly conduct.
(B) The Chief of Police or his/her designee shall be responsible for enforcing and/or administration of this section.
(C) Upon determination by the Chief of Police that a licensed premises or a dwelling unit was involved in a violation of division (A) above, the Chief of Police shall notify the licensee by certified mail of the violation and direct the licensee to take steps to prevent further violations. A copy of said notice shall be sent by first-class mail to the occupant in violation of § 116.09(A).
(D) Upon a second violation within 12 months of division (A) of this section, involving a guest or an occupant of a dwelling unit, the notice provided under division (C) of this section shall require the licensee to submit a written report of the action taken to prevent further violations on the premises. This written report shall be submitted to the Chief of Police within 5 days of the request of said report and shall detail all actions taken by the licensee in response to all notices regarding violations to division (A) of this section within the preceding 12 months. If the licensee fails to comply with the requirements of division (A), the rental dwelling license for the individual dwelling may be denied, revoked, suspended or not renewed. An action to deny, revoke, suspend or not renew a license under this section shall be initiated by the City Council at the request of the Chief of Police.
(E) If a third or subsequent violation of division (A) of this section involving a guest of or an occupant of a dwelling unit occurs within 12 months after any 2 previous instances for which notices were sent to the licensee regarding the same dwelling unit, the rental dwelling license for the individual rental unit may be denied, revoked, suspended or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Chief of Police.
(F) No adverse license action shall be imposed if the violation to division (A) of this section occurred during the pendency of eviction proceedings (unlawful detainer) or within 30 days of notice given by the licensee to an occupant to vacate the premises, where the violation was related to conduct by that occupant, other occupants, or the occupant's guests. 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 violations to division (A) of this section.
(G) A determination that the licensed premises or dwelling unit has been used in violation of division (A) of this section shall be made by the City Council upon substantial evidence to support such a determination. It shall not be necessary that criminal charges be brought to support a determination of violation to division (A) of this section, nor shall the facts of dismissal or acquittal of criminal charges operate as a bar to adverse license action under this section.
(Ord. 236, passed 7-2-2007)