(A) Disorderly use. It shall be the responsibility of the owner to see that persons occupying the rental dwelling conduct themselves in such a manner as not to cause the premises to be disorderly. For purposes of this section, a rental dwelling is disorderly at which any of the following activities occur:
(1) Violation of M.S. §§ 609.755 through 609.76 as may be amended from time to time, relating to gambling;
(2) Violation of laws relating to prostitution or acts relating to prostitution as defined in M.S. § 609.321;
(3) Violation of M.S. §§ 152.01 through 152.027 as may be amended from time to time, relating to the unlawful sale or possession of controlled substances;
(4) Violation of M.S. § 340A.503 as may be amended from time to time, relating to the underage possession and consumption of alcoholic beverages;
(5) Violation of M.S. § 609.33 as may be amended from time to time, 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) Violation of M.S. §§ 97B.021, 97B.045, 609.66 through 609.67, 624.712 through 624.716, 624.719, 624.731 through 624.732 ,as may be amended from time to time, relating to the unlawful possession, transportation, sale or use of weapons;
(7) Violation of City Code § 130.01 or M.S. § 609.72, as may be amended from time to time, relating to disorderly conduct;
(8) Violation of City Code Title 4, Chapter 98, relating to nuisances.
(9) Violation of City Code § 91.13, relating to recreational fires.
(10) Violation of City Code Title 9, Chapter 95, relating to animals.
(B) Procedure.
(1) Upon determination by the Fire Chief that a licensed premises was used in a disorderly manner, as described in paragraph (A) of this section, the Fire Chief must give written notice to the licensee of the violation and direct the licensee to take steps to prevent further violations.
(2) If a second instance of disorderly use of the licensed premises occurs within 12 months of an incident for which a notice in division (B) of this section was given, the Fire Chief must notify the licensee of the violation and must 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 must be submitted to the Fire Chief within five days of receipt of the notice of disorderly use of the premises and must detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three months.
(3) If a third or more instance of disorderly use of the licensed premises occurs within 12 months after any two previous instances of disorderly use for which notices were given to the licensee pursuant to this section the city shall notify the license holder by mail of the violation and shall also require the license holder to immediately undertake the process necessary to remove the tenant from the property. If the license holder fails to comply with the requirements of this section within 14 days, this constitutes a property owner violation under § 155.03(A).
(C) Finding of disorderly activities. A determination that the licensed premises have been used in a manner as described in division (A) of this section shall be made upon a fair preponderance of the evidence to support such a determination. It is not necessary that criminal charges be brought in order to support a determination of disorderly use nor does the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section.
(D) Exceptions.
(1) No adverse license action shall be imposed if the disorderly use of the licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) of a tenant or within 30 days of notice given by the licensee to a tenant to vacate the premises and the disorderly use consisted of conduct by that tenant or guests of that tenant. This exception only applies where the eviction proceedings or vacation of the premises are diligently pursued by the licensee.
(2) An action to deny, revoke, suspend, or not renew a license under 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.
(F) Other remedies. The remedies provided in this section are not 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.
(Ord. 746, passed 12-15-2015)