HomeMy WebLinkAboutOrdinance 1289 ORDINANCE NO. 128~
BEING AN ORDINANCE AMENDING CONDUCT ON
LICENSED PREMISES
The City of Columbia Heights does ordain:
Section $A.409 and Section $A.410 of the City Code of 1977, as amended, passed June 21,
1977, which is currently re. served, shall hereafter reed as follows, to wit:
Section 9:
$A.409 (1)
Licens~ fee~ inspection fees, and reinspecfion fees shall be established by Council resolution.
Section 10:
$A.410 (1)
(a)
(b)
(c)
(d)
(e)
(0
0)
$A.410 (2)
Conduct on Licensed Premises
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:
MN Statute 609.75 through 609.76, which prohibit gambling;
MN Statute 609.321 through 609.324 which prohibit prostitution and acts relating thereto;
MN Statute 152.01 through 152.025, and Statute i52.027, subdivisions 1 and 2, which prohibit
the unlawful sale or possession of controlled substances;
MN Statute 340A.401, which prohibits the unlawful sale of alcoholic beverages;
MN Statute 609.33, which prohibits owning, leasing, operating, managing, maintaining, or
conducting a disorderly house or inviting or attempting to invite other to visit or remain in a
disorderly house;
Section 10.312 of this code, which prohibits noisy assemblies;
MN Statutes 97B.021, 9713.045, 609.66 through 609.67 and 624.712 through 624.716, and
section 10.307 of this code, which prohibit the unlawful pouession, transportation, sale or use
of a weapon; or
MN Statute '609.72, which prohibits disorderly conduct.
MN Statute 609.221 through 60g.224, which prohibits assaults, including domestic maul{ as
defined in MN Statute $18B.01.
Violation of laws relating to contributing to need for protection or services or delinquency of
a minor as defined in MN Statute 260.315.
Section 8.201 et al. of this Ordinance which relates to animal noises and public nuisances..
The Police Chief (Dc3~artment) shall be responsible for enforcement and administration of this
section.
$A.410 (3)
SA.410 (4)
$A.410 (5)
s.4 o (6)
SA.410 (?)
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 violation and direct the licensee to take steps to prevent further
violations.
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 bo 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 .di~...rderly use of the premhes within the preceding-th...r~-(~-m~..tl.- ~v==~_~y=~
months. If the licensee fails to complY with the requirement of this subsection,-the rental
~'~[l~-g 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 shah be initiated by
the City Council at the request of the Police Chief (l~'parment) in the manner described in
Sections $A.408 (1) through 5A.408 (4).
If another instance of disorderly use of the licensed premises occurs within
twelve (12) months after any two (2) previous instances of disor..derly use for which notices
Here Sent to the licensee pursuant to this section, the rental dweilmg 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 shah be initiated by the city Council at the request of
the Police Chief (Department) in the manner described in Sections $A.408 (1) through SA.408
(4).
No adverse license action shah be imposed where tho instance of disorderly use of 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 guests of the
tenant's unit. Eviction'proceedings shah 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.
A determination that the licensed premises has been used in a disorderly manner as described
in subsection (1) sbail 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, not shall the fact of dismissal or acquittal of criminal charges operate as a bar to adverse
license action under this section.
This Ordinance shah be in full force and effect from and after thirty (30) days after its passage.
First reading: May 9, { 994
Second reading: May 23, { 994
Date of Passage: May 23, 1~4
Offered by: Pete r son
Seconded by: Ruett imann
Roll Call: A11 ayes
~o'-Anne Student, Council Secretary
.I~Seph St~de~ant, Mayo~-