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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