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1999-11-10 Packet
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1999-11-10 Packet
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Subd. 3. The police shall be charged with the responsibility of enforcing Subdivision 2. <br /> Subd. 4. Upon determination by the police that the licensed premises were involved in a <br /> disorderly use, City staff shall notify the license holder by regular mail of such <br /> violation and direct the license holder to take appropriate action to prevent further <br /> violations. Notice shall be effective if mailed to the license holder at the person's <br /> last known address. <br /> Subd. 5. If another instance of disorderly use on licensed premises occurs within twelve <br /> (12) months of an incident for which notice in Subdivision 4 of this section was <br /> given, the license holder shall be notified of the instance of disorderly use and shall <br /> also be required to submit a written report of appropriate actions taken by the <br /> landlord to prevent further disorderly use of the premises. This written report shall <br /> be submitted to the housing inspector within five (5) days of the notice of <br /> disorderly use of the premises and shall, in addition to the report of appropriate <br /> actions to be taken, detail all actions taken by the license holder in response to all <br /> notices of disorderly use of the premises within the preceding twelve (12) months. <br /> Failure to submit the written report as required herein shall be a basis for the <br /> imposition of a fine and the revocation or suspension of the license for the specific <br /> units or units located on the license premises as otherwise provided for in this <br /> chapter. <br /> Subd. 6. If another instance of disorderly use of the premises occurs within twelve (12) <br /> months after receipt of notice pursuant to Subdivisions 4 and 5, the license may be <br /> revoked or suspended for specific unit or units located on the licensed premises. If <br /> the notice of violation has been issued with respect to a common area of a building <br /> or complex of buildings then the license as to all units in such building or complex <br /> may be suspended or revoked. <br /> Subd. 7. No suspension or revocation shall be imposed where one or more of the three <br /> required disorderly use notices were mailed or delivered to the landlord after the <br /> landlord has filed an unlawful detainer action with the district court for the <br /> particular unit or units identified in the disorderly use notice. Calls to police made <br /> by licensees shall not be considered incidents of disorderly use in initiation of an <br /> unlawful detainer action shall not be a bar to sanctions, however, unless the action <br /> is diligently pursued by the license holder. A copy and notice of the unlawful <br /> detainer action shall be delivered to the City Administrator. A determination that <br /> the licensed premises have been involved in a disorderly use as described in <br /> Subdivision 2 shall be made upon a preponderance of the evidence. It shall not be <br /> necessary that the criminal charges be brought to support a determination of <br /> disorderly use, nor shall the fact of dismissal or acquittal of such a criminal charge <br /> operate as a bar to adverse license action under this section. <br /> Page 6 of 7 <br />
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