Agenda Packets - 2016/06/13 - Laserfiche WebLink

Home Browse Search

Ordinance 915 Page 8 b. The Police Department and Community Development Department shall be responsible for enforcement and administration of this Subdivision. c. Upon determination by the Police Department that a licensed premises was used in a disorderly manner, as described in Section 1012.05, Subdivision 1a, the Police Department shall cause notice to be made to the licensee of the violation and direct the licensee to take steps to prevent further violations. d. If a second instance of disorderly use of the licensed premises occurs within three (3) twelve (12) months of an incident for which a notice in Subdivision 9c, was given, the Police Department shall notify the licensee of the violation and shall also require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report shall be submitted to the Police Department within five (5) days of the receipt of the notice of disorderly use of the premises and shall detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three (3) twelve (12) months. e. If a third instance of disorderly use of the licensed premises occurs within three (3) twelve (12) months after any two (2) previous instances of disorderly use for which notices were given to the licensee pursuant to Section 1012.05, Subdivision 1, the license for the premises may be denied, revoked, suspended, or not renewed. Any action to deny, revoke, suspend, or not renew a license shall be initiated by the Police Department or Community Development Department who shall give to the licensee written notice of a hearing before the City Council to consider such denial, revocation, suspension or non- renewal. Such written notice shall specify all violations of this subdivision, and shall state the date, time, place and purpose of the hearing. The hearing shall be held no less than ten (10) days and no more than thirty (30) days after giving such notice. Following the hearing, the City Council may deny, revoke, suspend or decline to renew the license for all or any part or parts of the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this subdivision. (1) For the purposes of this subdivision, second and third instances of disorderly use shall be those which occur at the same rental unit, involve tenants at the same rental unit, involve guests or invitees at the same rental unit, involve guests or invitees of the same tenant, or involve the same tenant. f. A determination that the licensed premises has been used in a disorderly manner as described in Section 1012.05, Subdivision 1 shall be made upon substantial evidence to support such a determination. It shall not be necessary that criminal charges be brought in order 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 subdivision.