Laserfiche WebLink
Page 8 <br /> <br />d. If a second instance of disorderly use of the licensed premises occurs within <br />three (3) twelve (12) months of an incident for which a notice in Subdivision 9c, was <br />given, the Police Department shall notify the licensee of the violation and shall also <br />require the licensee to submit a written report of the actions taken, and proposed to be <br />taken, by the licensee to prevent further disorderly use of the premises. This written <br />report shall be submitted to the Police Department within five (5) days of the receipt of <br />the notice of disorderly use of the premises and shall detail all actions taken by the <br />licensee in response to all notices of disorderly use of the premises within the preceding <br />three (3) twelve (12) months. <br /> <br />e. If a third instance of disorderly use of the licensed premises occurs within three (3) <br />twelve (12) months after any two (2) previous instances of disorderly use for which <br />notices were given to the licensee pursuant to Section 1012.05, Subdivision 1, the license <br />for the premises may be denied, revoked, suspended, or not renewed. Any action to <br />deny, revoke, suspend, or not renew a license shall be initiated by the Police Department <br />or Community Development Department who shall give to the licensee written notice of <br />a hearing before the City Council to consider such denial, revocation, suspension or non- <br />renewal. Such written notice shall specify all violations of this subdivision, and shall <br />state the date, time, place and purpose of the hearing. The hearing shall be held no less <br />than ten (10) days and no more than thirty (30) days after giving such notice. Following <br />the hearing, the City Council may deny, revoke, suspend or decline to renew the license <br />for all or any part or parts of the licensed premises or may grant a license upon such <br />terms and conditions as it deems necessary to accomplish the purposes of this <br />subdivision. <br /> <br />(1) For the purposes of this subdivision, second and third instances of disorderly <br />use shall be those which occur at the same rental unit, involve tenants at the same <br />rental unit, involve guests or invitees at the same rental unit, involve guests or <br />invitees of the same tenant, or involve the same tenant. <br /> <br />f. A determination that the licensed premises has been used in a disorderly manner as <br />described in Section 1012.05, Subdivision 1 shall be made upon substantial evidence to <br />support such a determination. It shall not be necessary that criminal charges be brought <br />in order to support a determination of disorderly use, nor shall the fact of dismissal or <br />acquittal of such a criminal charge operate as a bar to adverse license action under this <br />subdivision. <br /> <br />g. No adverse license action shall be imposed where the instance of disorderly use of <br />the premises occurred during the pendency of an eviction action or within thirty (30) days <br />of notice given by the licensee to a tenant to vacate the premises where the disorderly use <br />was related to conduct by that tenant or by occupants or guests of the tenants unit. <br />(1) Exceptions: Eviction proceedings do not preclude license suspension or <br />revocation unless the eviction proceedings are being diligently pursued by the <br />licensee. Further, an action to deny, revoke, suspend or not renew a license based <br />upon violations of this subdivision may be postponed or discontinued by the City at <br />any time if it appears that the licensee has taken appropriate measures that will <br />prevent further instances of disorderly use.