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A <br />Page 24 of 29 <br />(C) Upoi: L6 cimination by the City Manager that a licensed <br />premises was used in a disorderly manner, as described in division (A) <br />of this section, the City Manager must give notice to the licensee of <br />the violation and direct the licensee to take steps to prevent further <br />violations. <br />(D) If another instance of disorderly use of the licensed premises <br />occurs within three months of an incident for which a notice in <br />division (C) of this section was given, the City Manager must notify <br />the licensee of the violation and must also require the licensee to <br />submit a written report of the actions taken, and proposed to be taken, <br />by the licensee to prevent further disorderly use of the premises. This <br />written report must be submitted to the City Manager within five days <br />of receipt of the notice of disorderly use of the premises and must <br />detail all actions taken by the licensee in response to all notices of <br />disorderly use of the premises within the preceding three months. <br />(E) (1) If another instance of disorderly use of the licensed <br />premises occurs within three months after any two previous instances <br />of disorderly use for which notices were given to the licensee pursuant <br />to this section, the rental dwelling license for the premises may be <br />denied, revoked, suspended or not renewed. An action to deny, <br />revoke, suspend, or not renew a license under this section must be <br />initiated by the City Manager who must give to the licensee written <br />notice of a hearing before the City Council to consider such denial, <br />revocation, suspension or non - renewal. Such written notice must <br />specify all violations of this section, and must state the date, time, <br />place and purpose of the hearing. The hearing must be held no less <br />than ten days and no more than 30 days after giving such notice. <br />(2) Following the hearing, the Council may deny, revoke, <br />suspend or decline to renew the license for all or any part or parts of <br />the licensed premises or may grant a license upon such terms and <br />conditions as it deems necessary to accomplish the purposes of this <br />section. <br />(F) No adverse license action shall be imposed where the <br />instance of disorderly use of the licensed premises occurred during the <br />pendency of eviction proceedings (unlawful detainer) or within 30 <br />days of notice given by the licensee to a tenant to vacate the premises <br />where the disorderly use was related to conduct by that tenant or by <br />other occupants or guests of the tenant's unit. Eviction proceedings <br />are not a bar to adverse license action, however, unless they are <br />diligently pursued by the licensee. Further, an action to deny, revoke, <br />suspend, or not renew a license based upon violations of this section <br />may be postponed or discontinued at any time if it appears that the <br />licensee has taken appropriate measures which will prevent further <br />instances of disorderly use. <br />(G) A determination that the licensed premises have been used <br />in a disorderly manner as described in division (A) of this section <br />shall be made upon a fair preponderance of the evidence to support <br />such a determination. It is not necessary that criminal charges be <br />http: / /www. amlegal. com /nxt /gateway. dll/ Minnesota /Brooklyn %20Park /title00042. htm /chap... 5/3/2005 <br />