(A) Conduct on licensed premises. It shall be the responsibility of the licensee to see that persons occupying the licensed premises conduct themselves in a manner as not to cause the premises to be disorderly.
(1) For purposes of this division (A), a premises is disorderly when any of the following activities occur:
(a) Violation of laws relating to possession of controlled substances as defined in state statutes;
(b) Violation of laws relating to disorderly conduct as defined in M.S. §§ 609.72 and 609.74, as they may be amended from time to time;
(c) Violation of Ch. 110 of this code of ordinances or violation of laws relating to possession, sale or consumption of liquor or alcoholic beverages;
(d) Violation of laws relating to gambling;
(e) Violation of city ordinances or state statutes relating to prostitution;
(f) Violation of laws relating to unlawful use or possession of a firearm;
(g) Violation of M.S. § 609.705 (unlawful assembly), as it may be amended from time to time;
(h) Violation of M.S. § 609.71 (Riot), as it may be amended from time to time;
(i) Violation of M.S. § 609.713 (threats of violence), as it may be amended from time to time;
(j) Violation of M.S. § 609.715 (presence at unlawful assembly), as it may be amended from time to time;
(k) Violation of § 91.008 of this code of ordinances;
(l) Violation of M.S. § 609.50 (interference with a police officer), as it may be amended from time to time;
(m) Violation of M.S. §§ 609.221 through 609.2224, relating to assault , as it may be amended from time to time;
(n) Violation of M.S. § 609.226 (dangerous dogs), as it may be amended from time to time;
(o) Violation of M.S. § 609.78 (interference with a 911 call), as it may be amended from time to time;
(p) Violation of M.S. § 243.166 (predatory offender registration), as it may be amended from time to time;
(q) Violation of M.S. § 609.26, subd. 1(8) (contributing to a child being a runaway), as it may be amended from time to time; and
(r) Violation of M.S. § 609.595 (criminal damage to property), as it may be amended from time to time.
(2) The Police Department and Community Development Department shall be responsible for enforcement and administration of this division (A).
(3) Upon determination by the Police Department that a licensed premises was used in a disorderly manner, as described in division (A)(1) above, the Police Department shall cause notice to be made to the licensee of the violation and direct the licensee to take steps to prevent further violations.
(4) If a second instance of disorderly use of the licensed premises occurs within 12 months of an incident for which a notice in division (A)(3) above, was given, the Police Department 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 Police Department within five days of the 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 12 months.
(5) If a third instance of disorderly use of the licensed premises occurs within 12 months after a second instance of disorderly use for which a notice was given to the licensee pursuant to division (A)(4) above, the license for the premises may be denied, revoked, suspended or not renewed. Any action to deny, revoke, suspend or not renew a license shall be initiated by the Police Department or Community Development Department who shall give to the licensee written notice of a hearing before the City Council to consider the denial, revocation, suspension or non-renewal. The written notice shall specify all violations of this division (A)(5), 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. 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 such terms and conditions as it deems necessary to accomplish the purposes of this division (A)(5). For the purposes of this division (A)(5), second and third instances of disorderly use shall be those which occur at the same rental unit, involve tenants at the same rental unit, involve guests or invitees at the same rental unit, involve guests or invitees of the same tenant or involve the same tenant.
(6) A determination that the licensed premises has been used in a disorderly manner as described in division (A) above shall be made upon substantial evidence to support such a determination. It shall not be necessary that criminal charges be brought in order 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 license action under this division (A)(6).
(7) No adverse license action shall be imposed where the instance of disorderly use of the premises occurred during the pendency of an eviction action 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 occupants or guests of the tenants unit. Exceptions: eviction proceedings do not preclude license suspension or revocation unless the eviction proceedings are being diligently pursued by the licensee. Further, an action to deny, revoke, suspend or not renew a license based upon violations of this division (A)(7) may be postponed or discontinued by the city at any time if it appears that the licensee has taken appropriate measures that will prevent further instances of disorderly use.
(8) All notices given by the city under this division (A)(8) shall be personally served on the licensee, sent by certified mail to the licensee’s last known address or, if the last known address is unknown or personal service is ineffective, by posting on a conspicuous place on the licensed premises.
(9) Enforcement actions provided in this division (A) shall not be exclusive, and 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, state or federal law.
(B) License suspension, revocation, denial and non-renewal. The City Council may suspend, revoke, deny or not renew any license issued under this chapter upon any of the following grounds:
(1) False statements on any application or other information or report required by this chapter and supplied by the applicant or licensee;
(2) Failure to pay any license, fee, penalty, reinspection or reinstatement fee required by this chapter, City Council resolution and per the city’s approved fee schedule;
(3) Failure to correct deficiencies noted in a notice of violation, issued pursuant to Ch. 150 of this code of ordinances, within the time specified in the notice;
(4) Any other violation of this chapter;
(5) A decision to suspend, revoke, 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 the opportunity for a hearing before the City Council before final action to suspend, revoke, deny or not renew a license. The Council shall give due regard to the frequency and seriousness of violations, the ease with which the violations could have been remedied or avoided, and good faith efforts to comply and shall issue a decision to suspend, revoke, deny or not renew a license only upon written findings;
(6) The City Council may suspend, revoke, deny or not renew a license for part or all of a rental dwelling;
(7) Upon decision to suspend, revoke, deny or not renew a license, no new application for the same facility will be accepted for a period specified in the Council’s written decision, not exceeding one year. The new applications must be accompanied by a reinstatement fee, per the city’s approved fee schedule, in addition to all other fees required by this chapter; and
(8) A written decision to suspend, revoke, 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 the part or parts of the facility may be relet or occupied. Suspension, revocation, denial 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. Failure to comply with all terms of this chapter during the term of the suspension, revocation, denial or non-renewal is a misdemeanor and grounds for extension of the term of such suspension, revocation, denial or continuation of non-renewal, or for a decision not to reinstate the license, notwithstanding any limitations of the period of suspension, revocation, denial or non-renewal specified in the City Council’s written decision.
(Prior Code, § 1012.05) (Ord. 731, passed 03-22-2004; Ord. 802, passed 02-25-2008; Ord. 957, passed 05-28-2019)