HomeMy WebLinkAboutOrdinance 1249 ORDINANCE NO. 1249
BEING AN ORDINANCE PERTAINING TO CONDUCT
ON LICENSED PREMIBEB
The City of Columbia Heights does ordain:
Section 1:
Section 5A.410 of the City Code of 1977, as
amended, passed June 21, 1977, which is currently
reserved, shall hereafter read as follows, to-wit:
5A.410(1) It shall be the responsibility of
the licensee to take appropriate action following
conduct by persons occupying the premises which is
determined to be disorderly, in violation of any
of the following statutes or ordinances:
(a) Minn. Stat. SS 609.75 through
609.76, which prohibit gambling;
(b) Minn. Stat. SS 609.321 through
609.324 which prohibit prostitution and acts
relating thereto;
(c) Minn. Stat. SS 152.01 through
152.025, and S 152.027, subds. I and 2, which
prohibit the unlawful sale or possession of
controlled substances;
(d) Minn. Stat. S 340A.401, which
prohibits the unlawful sale of alcoholic
beverages;
(e) Minn. Stat. S 609.33, which
prohibits owning, leasing, operating,
managing, maintaining, or conducting a
disorderly house, or inviting or attempting
to invite others to visit or remain in a
disorderly house;
(f) Section 10,312 of this code, which
prohibits noisy assemblies;
(g) Minn. Stat. SS 97B.021, 97B.045,
609.66 through 609.67 and 624.712 ~hrough
624.716, and section 10.307 of this code,
which prohibit the unlawful possession,
transportation, sale or use of a weapon; or
(h) Minn. Stat. S 609.72, which
prohibits disorderly conduct.
5A.410(2). The Police Chief (Department)
shall be responsible for enforcement and
administration of this section.
5A.410(3) Upon determination by the Police
Chief (Department) that a licensed premises was
used in a disorderly marmer, as described in
section (1), the Police Chief (Department) shall
notify ~/le Licensee by mail of the violation and
direct the licensee to take steps to prevent
further violations.
5A.410(4) If another ~nstance of disorderly
use of the licensed premises occurs within twelve
(12) months of an incident for which a notice in
subsection (3) was given, the Police Chief
(Department) shall notify the licensee by mail 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 Chief (Department) within five (5) days of
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 twelve
(12) months. If the licensee fails to comply with
the requirements of this subsection, the rental
dwelling license for the premises may be denied,
revoked, suspended, or not renewed. An action to
deny, revoke, suspend, or not renew a license
under this section shall be initiated by the City
Council at the request of the Police Chief
(Department) in the manner described in section
5A.408 (1), and shall proceed according to the
procedures established in sections 5.102 and
5.104.
5A.410(5) If another instance of disorderly
use of the licensed premises occurs within twelve
(12) months after any two (2) previous instances
of disorderly use for which notices were.sent to
the licensee pursuant to this section, the rental
dwelling license for the premises may be denied,
revoked, suspended, or not renewed. An action to
deny, revoke, suspend, or not renew a license
under this section shall be initiated by the City
(Department) in the manner described in section
5A.408(1), and shall proceed according to the
procedures established in sections 5.102 and
5.104.
5A.410(2). The Police Chief (Department)
shall be responsible for enforcement and
administration of this section.
5A.410(3) Upon determination by the Police
Chief (Department) that a licensed premises was
used in a disorderly manner, as described in
section (1), the Police Chief (Department) shall
notify the licensee by mail of the viol&riCh and
direct the licensee to take steps to prevent
further violations.
5A.410(4) If another instance of disorderly
use of the licensed premises occurs within twelve
(12) months of an incident for which a notice in
subsection (3) was given, the Police Chief
(Department) shall notify the licensee by mail 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 Chief (Department) within five (5) days of
receipt of the notice of disorderly use of the
premises and shall detail 211 actions taken by the
licensee in response to all notices of disorderly
use of the premises within the preceding twelve
(12) months. If the licensee fails to comply with
the requirements of this subsection, the rental
dwelling license for the premises may be denied,
revoked, suspended, or not renewed. An action to
deny, revoke, suspend, or not renew a license
under this section shall be initiated by the City
Council at the request of the Police Chief
(Department) in the manner described in section
5A.408 (1), and shall proceed according to the
procedures established in sections 5.102 and
5.104.
5A.410(5) If another instance of disorderly
use of the licensed premises occurs within twelve
(12) months after any two (2) previous instances
of disorderly use for which notices were.sent to
the licensee pursuant to this section, the rental
dwelling license for the premises may be denied,
revoked, suspended, or not renewed. An action to
deny, revoke, suspend, or not renew a license
under this section shall be initiated by the City
Council at the request of the Pollce Chief
(Department) in the ~anner described in section
5A.408(1), and shall proceed according to the
procedures established in sections 5.102 and
5.104.
Section 2:
5A.410(6) No adverse license action shall be
imposed where the instance of disorderly use of a
licensed premises occurred during the pendency of
eviction proceedings (unlawful detainer) or within
thirty (30) days of notice given by the licensee
to a tenant to vacate the premises, where the
disorderly use was related to conduct by that
tenant or by other occupants or quests of the
tenant's unit. Eviction proceedings shall not be
a bar to adverse license action, however, unless
they are diligently pursued by the licensee.
Further, an action to deny, revoke, suspend, or
not renew a license based upon violations of this
section may be postponed or discontinued at any
time if it appears that the licensee has taken
appropriate measures which will prevent further
instances of disorderly use.
5A.410(7) A determination that the licensed
premises has been used in a disorderly manner as
described in subsection (1) shall be made upon
substantial evidence to support such a
determination. It shall not be necessary that
criminal charges be brought to support a
determination of disorderly use, nor shall the
fact of dismissal or acquittal of criminal charges
operate as a bar to adverse license action under
this section.
This ordinance shall be in full force and effect
from and after thirty (30) days after its passage.
First Reading:
Second Reading:
Date of Passage:
September 28, 1992
October 12, 19~2
October 12. 1992
Offered by:
Seconded by:
Roll Call:
R~lett ~mann
Peterson
A] 1 ~ye$
o-Anne Student, ~-6unci Secretary
Murz~~or