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c. Upon determination by the Police Department that a licensed premises was <br />used in a disorderly manner, as described in S~dfvi~+on~a Section 1012.05 <br />Subdivision 1 a.., the Police Department shall cause notice to be made to the <br />licensee of the violation and direct the licensee to take steps to prevent further <br />violations. <br />d. If a second instance of disorderly use of the licensed premises occurs within <br />three (3) months of an incident for which a notice in Subdivision 9c. was given, <br />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 <br />proposed to be taken, by the licensee to prevent further disorderly use of the <br />premises. This written report shall be submitted to the Police Department within <br />five (5) days of the receipt of the notice of disorderly use of the premises and <br />shall detail all actions taken by the licensee in response to all notices of <br />disorderly use of the premises within the preceding three (3) months. <br />e. If a third instance of disorderly use of the licensed premises occurs within <br />three (3) months after any two previous instances of disorderly use for which <br />notices were given to the licensee pursuant to th+s--~ubd+v+si~ Section <br />1012.05 Subdivison 1. ,the license for the premises may be denied, revoked, <br />suspended, or not renewed. Any action to deny, revoke, suspend, or not renew <br />a license shall be initiated by the Police Department a+~ or Community <br />Development Department who shall give to the licensee written notice of a <br />hearing before the City Council to consider such denial, revocation, suspension <br />or non-renewal. Such written notice shall specify all violations of this <br />Subdivision, and shall state the date, time, place and purpose of the hearing. <br />The hearing shall be held no less than ten (10) days and no more than thirty <br />(30) days after giving such notice. Following the hearing, the city council may <br />deny, revoke, suspend or decline to renew the license for all or any part or parts <br />of the licensed premises or may grant a license upon such terms and conditions <br />as it deems necessary to accomplish the purposes of this Subdivision. <br />(1) For the purposes of this Subdivision, second and third instances <br />of disorderly use shall be those which occur at the same rental unit, <br />involve tenants at the same rental unit, involve guests or invitees at <br />the same rental unit, involve guests or invitees of the same tenant, or <br />involve the same tenant. <br />f. A determination that the licensed premises hie has been used in a <br />disorderly manner as described in S~il~~#-~a. Section 1012.05 Subdivison a. <br />shall be made upon substantial evidence to support such a determination. It <br />shall not be necessary that criminal charges be brought in order to support a <br />determination of disorderly use, nor shall the fact of dismissal or acquittal of <br />such a criminal charge operate as a bar to adverse license action under this <br />Subdivision. <br />Page 10 <br />