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8a. <br />1MINNESOTA STATUTES 2014617.81 <br />617.81 NUISANCE; ACTS CONSTITUTING; INJUNCTION; NOTICE. <br />Injunction. <br />Subdivision 1. In order to obtain a temporary injunction under section 617.82 or a <br />permanent injunction or order of abatement under section 617.83, the provisions of sections 617.80 to 617.87 must be <br />followed. <br />Acts constituting a nuisance. <br />Subd. 2. (a) For purposes of sections 617.80 to 617.87, a public nuisanceexists <br />(1) upon proof of one or more separate behavioral incidents described in item (i), (v), (viii), or (ix),or (2) upon proof <br />or (x), committed within the <br />of two or more separate behavioral incidents described in item (ii), (iii), (iv), (vi), (vii), <br />previous 12 months within the building: <br />(i) <br />prostitution or prostitution-related activity committed within the building; <br />(ii) <br />gambling or gambling-related activity committed within the building; <br />(iii) <br />maintaining a public nuisance in violation of section 609.74, clause (1) or (3); <br />(iv) <br />permitting a public nuisance in violation of section 609.745; <br />(v) <br />unlawful sale, possession, storage, delivery, giving, manufacture, cultivation, or use of controlled <br />substances committed within the building; <br />(vi) <br />unlicensed sales of alcoholic beverages committed within the building in violation of section340A.401; <br />(vii) <br />unlawful sales or gifts of alcoholic beverages by an unlicensed person committed within thebuilding in <br />violation of section 340A.503, subdivision 2, clause (1); <br />(viii) <br />unlawful sales or gifts of alcoholic beverages committed within the building in violation of section340A.401 or <br />340A.503, subdivision 2, clause (1), if multiple violations occur during the same behavioralincident when the building <br />is not occupied by the owner or a tenant, lessee, or occupant; <br />(ix) <br />unlawful use or possession of a dangerous weapon as defined in section 609.02, subdivision 6, <br />committed within the building; or <br />(x) <br />violation by a commercial enterprise of local or state business licensing regulations, ordinances, or statutes <br />prohibiting the maintenance of a public nuisance as defined in section 609.74 or the control of apublic nuisance as <br />defined in section 609.745. <br />(b) <br />If the building contains more than one rental unit, two or more behavioral incidents must consistof conduct: <br />(1) <br />or under <br />anywhere in the building by the same tenant, lessee, occupant, or persons acting in conjunction with <br />the control of the same tenant, lessee, or occupant; <br />(2) <br />by any persons within the same rental unit while occupied by the same tenant, lessee, or occupant,or within <br />two or more rental units while occupied by the same tenant, lessee, or occupant; or <br />(3) <br />by the owner of the building or persons acting in conjunction with or under the control of the owner. <br /> <br />