1999-11-22 Packet - Laserfiche WebLink

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Subd. 3. The police shall be charged with the responsibility of enforcing Subdivision 2. Subd. 4. Upon determination by the police that the licensed premises were involved in a disorderly use, City staff shall notify the license holder by regular mail of such violation and direct the license holder to take appropriate action to prevent further violations. Notice shall be effective if mailed to the license holder at the person's last known address. Subd. 5. If another instance of disorderly use on licensed premises occurs within twelve (12) months of an incident for which notice in Subdivision 4 of this section was given, the license holder shall be notified of the instance of disorderly use and shall also be required to submit a written report of appropriate actions taken by the landlord to prevent further disorderly use of the premises. This written report shall be submitted to the housing inspector within five (5) days of the notice of disorderly use of the premises and shall, in addition to the report of appropriate actions to be taken, detail all actions taken by the license holder in response to all notices of disorderly use of the premises within the preceding twelve (12) months. Failure to submit the written report as required herein shall be a basis for the imposition of a fine and the revocation or suspension of the license for the specific units or units located on the license premises as otherwise provided for in this chapter. Subd. 6. If another instance of disorderly use of the premises occurs within twelve (12) months after receipt of notice pursuant to Subdivisions 4 and 5, the license may be revoked or suspended for specific unit or units located on the licensed premises. If the notice of violation has been issued with respect to a common area of a building or complex of buildings then the license as to all units in such building or complex may be suspended or revoked. Subd. 7. No suspension or revocation shall be imposed where one or more of the three required disorderly use notices were mailed or delivered to the landlord after the landlord has filed an unlawful detainer action with the district court for the particular unit or units identified in the disorderly use notice. Calls to police made by licensees shall not be considered incidents of disorderly use in initiation of an unlawful detainer action shall not be a bar to sanctions, however, unless the action is diligently pursued by the license holder. A copy and notice of the unlawful detainer action shall be delivered to the City Administrator. A determination that the licensed premises have been involved in a disorderly use as described in Subdivision 2 shall be made upon a preponderance of the evidence. It shall not be necessary that the criminal charges be brought 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 section. Subd. 8. All written leases for licensed premises executed after adoption of this ordinance, Page 6 of 8