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ORDINANCE NO. 1002 <br />Page 8 <br />(4) Minnesota Statutes section 340A.401, which prohibits the unlawful sale of <br />alcoholic beverages; <br />(5) Minnesota Statutes section 609.33, which prohibits owning, leasing, operating, <br />managing, maintaining or conducting a disorderly house or inviting or attempting to <br />invite others to visit or remain in a disorderly house; <br />(6) Section 13 -1 of this Code, which prohibits noisy assemblies; <br />(7) Minnesota Statutes sections 97B.021, 97B.609.66 through 609.67 and 624.712 <br />through 624.716, and section 13 -5 of this Code, which prohibits the unlawful possession, <br />transportation, sale or use of a weapon; <br />(8) Minnesota Statutes, section 609.72, which prohibits disorderly conduct, when the <br />violation disturbs the peace and quiet of the occupants of at least one unit on the licensed <br />premises or other premises, other than the unit occupied by the person(s) committing the <br />violation. <br />(9) Minnesota Statutes sections 609.221 through 609.224, which prohibit assaults, <br />including domestic assault as defined in Minnesota Statutes section 518B.01. <br />(10) Violation of laws relating to contributing to need for protection or services or <br />delinquency of a minor as defined in Minnesota Statutes section 260.315; <br />(11) Violations of the City Code which relate to animal noises and public nuisances. <br />(12) Any of the following Part I or II Crimes: <br />PART I OFFENSES (Serious Crime) - Criminal Homicide, Forcible Rape (and <br />attempts to rape), Robbery, Aggravated Assault, Burglary - Breaking and <br />Entering (including: forcible entry, unlawful entry -no force, attempted forcible <br />entry), Larceny- Theft, Motor Vehicle Theft, and Arson <br />PART II OFFENSES (Less Serious Crime) - Other Assaults, Forgery and <br />Counterfeiting, Fraud, Embezzlement, Stolen Property (buying, receiving, and <br />possessing), Vandalism- Destruction of Property, Weapons, Prostitution and <br />Commercialized Vice, Narcotics Drug Laws, Gambling, Driving Under the <br />Influence, Disorderly Conduct - Disturbing the Peace, Sex Offenses (inclusive of <br />incest, indecent exposure, carnal abuse). <br />B. PROCESS FOLLOWING DISORDERLY USE. It shall be the responsibility <br />of the License Holder to take appropriate action following disorderly use by tenants or their <br />guests using or occupying the premises: <br />1. First Strike. Upon the occurrence of an alleged disorderly use, the Police <br />Department shall inform the City Manager or designee of the suspected disorderly use. <br />The City Manager or designee shall then send to the Tenant, and License Holder, as <br />appropriate, a written notice of the violation. The License Holder shall be responsible to <br />take action as appropriate to terminate the disorderly use. <br />8 <br />118908 <br />11 /14/05 <br />