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<br />. <br /> <br />. <br /> <br />. <br /> <br />(6) Minn. Stats. SS 978.021, 978.045, 609.66--609.67 and 624.712--624.716, and <br />chapter 50, article IV, division 2, of this Code, which prohibit the unlawful possession, <br />transportation, sale or use of a weapon; <br />(7) Minn. Stats. S 609.72, which prohibits disorderly conduct; <br />(8) Minn. Stats. SS 609.221--609.224, which prohibit assaults, including domestic <br />assault as defined in Minn. Stats. S 5188.01; <br />(9) Laws relating to contributing to need for protection or services or delinquency of a <br />minor, as defined in Minn. Stats.s 260.315; or <br />(10) Chapter 10 and chapter 46, article II, of this Code, which relate to animal noises <br />and public nuisances. <br />(b) Enforcement. <br />(1) The police chief shall be responsible for enforcement and administration of this <br />section. <br />(2) Upon determination by the police chief that licensed premises were used in a <br />disorderly manner, as described in subsection (a) of this section, the police chief shall <br />notify the licensee by mail of the violation and direct the licensee to take steps to prevent <br />further violations. <br />(3) If another instance of disorderly use of the licensed premises occurs within three <br />months of an incident for which a notice as provided in subsection (b)(2) of this section <br />was given, the police chief shall notify the licensee by mail 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 chief within five days of receipt of the notice of <br />disorderly use of the premises within the preceding three months. If the licensee fails to <br />comply with the requirements of this subsection, the rental dwelling license for the <br />premises may be denied, revoked, suspended, or not renewed. An action to deny, <br />revoke, suspend, or not renew a license under this section shall be initiated by the city <br />council at the request of the police chief. <br />(4) If another instance of disorderly use of the licensed premises occurs within three <br />months after any two previous instances of disorderly use for which notices were sent to <br />the licensee pursuant to this section, the rental dwelling license for the premises may be <br />denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not <br />renew a license under this section shall be initiated by the city council at the request of <br />the police chief. <br />(5) No adverse license action shall be imposed where the instance of disorderly use of <br />licensed premises occurred during the pendency of eviction proceedings (unlawful <br />detainer) or within 30 days of notice given by the licensee to a tenant to vacate the <br />premises, where the disorderly use was related to conduct by that tenant or by other <br />occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to <br />adverse license action, however, unless they are diligently pursued by the licensee. <br />Further, an action to deny, revoke, suspend, or not renew a license based upon <br />violations of this section may be postponed or discontinued at any time if it appears that <br />the licensee has taken appropriate measures which will prevent further instances of <br />disorderly use. <br />(6) A determination that the licensed premises have been used in a disorderly manner <br />as described in subsection (a) of this section shall be made upon substantial evidence to <br />support such a determination. It shall not be necessary that criminal charges be brought <br />to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of <br />criminal charges operate as a bar to adverse license action under this section. <br />(Code 1982, S 1007.18) <br /> <br />31 <br />