Barnesville, Minn., Mun. Code doc-3891 (2026) § 150.056

(A) It shall be the responsibility of the licensee to see that persons occupying the licensed premises conduct themselves in such a manner as not to cause the premises to be disorderly.


(B) For purposes of this subchapter, a premises is disorderly at which any of the following activities occur:


(1) Conduct which constitutes a violation of the public nuisance provisions of the city code;


(2) Conduct which constitutes a violation of the city code and state statute relating to noisy parties and other unnecessary and loud noises;


(3) Conduct which constitutes a violation of laws relating to the possession of controlled substances, as defined in M.S. §§ 152.021 et seq., as amended from time to time;


(4) Conduct which constitutes a violation of the city code relating to disorderly conduct or creating a breach of the peace, or violation of laws relating to disorderly conduct as defined in M.S. § 609.72, as it may be amended from time to time;


(5) Conduct which constitutes a violation of the city code relating to minor possessing or consuming alcohol relating to providing alcohol to minors, or violation of M.S. §§ 340A.701 and 304.702, as they may be amended from time to time, relating to sale of intoxicating liquor;


(6) Conduct which constitutes a violation of the city code relating to prostitution and indecent exposure, or a violation of laws relating to prostitution or acts related to prostitution as defined in M.S. §§ 609.321 through 609.324, as amended from time to time;


(7) Conduct which constitutes a violation of the city code relating to weapons, or laws relating to unlawful use or possession of a firearm as defined in M.S. § 609.66, as it may be amended from time to time, on the registered premises;


(8) Conduct which constitutes a violation of the city code relating to assaults, including domestic assaults, as defined in M.S. § 609.224, as it may be amended from time to time;


(9) Conduct which constitutes a violation of laws relating to contributing to the need for protection or services or delinquency of a minor, as defined in M.S. § 260B.425, as it may be amended from time to time; or


(10) Conduct which constitutes a violation of any other federal law, state law, or city code provision which would be likely to threaten, annoy, or harass other tenants or other neighbors to the residential rental unit.


(C) The City Clerk shall be responsible for administration of this subchapter. The authority to take any action authorized under this subchapter may be delegated by the City Clerk-Treasurer to an authorized person or persons.


(D) Upon determination by the City Clerk or his or her designee that a rental unit registered premises was used in a disorderly manner, as described in the city code, the City Clerk-Treasurer or his or her designee, shall give notice to the registration holder and the renters of the rental unit affected, of the violation and direct the registration holder to take steps to prevent further violations. This subchapter does not apply to the property owner who has taken action to prevent disorderly use of the premises as described herein.


(E) If another instance of disorderly use of the rental unit registered premises occurs within three months of an incident for which a notice as described above was given, the City Clerk, or his or her designee, shall notify the registration holder and the renters of the affected unit of the violation and shall request the registration holder to take action. This action will be submitted to the City Clerk-Treasurer, or his or her designee person, in writing, within five days of receipt of the notice of disorderly use of the premises, and shall detail all the actions taken by the registration holder in response to all notices of disorderly use of the premises within the preceding three months.


(F) If another instance of disorderly use of the rental unit registered premises occurs within three months after any two previous instances of disorderly use for which notices were given to the registration holder, and the renters of the affected unit, pursuant to this subchapter, and the rental property owner has not taken action to prevent disorderly use of the premises, 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 Clerk who shall give to the licensee written notice of a hearing before the Council to consider such denial, revocation, suspension, or non-renewal. Such written notice shall specify all violations of this section, and shall state the date, time, place, and purpose of the hearing. The hearing shall be held no less than 30 days after giving such notice.


(G) Following the hearing, the Council may deny, revoke, suspend, or decline to renew the license for all or any part or parts of the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this subchapter.


(H) (1) No adverse license action shall be imposed where the instance of disorderly use of the licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within 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.


(2) 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 violation of this subchapter may be postponed or discontinued at any time if it appears that the licensee has taken appropriate action which will prevent further instances of disorderly use.


(I) A determination that the registered premises have been used in a disorderly manner as described in this section shall be made upon a fair preponderance of the evidence to support such a determination. It shall not be necessary that criminal charges be brought in order to support a determination of disorderly use, but the incident must have resulted in the police being called to the rental unit registered premises and a police report being prepared.


(J) For purposes of this subchapter, DISORDERLY USE OF THE RENTAL UNIT REGISTERED PREMISES shall mean disorderly use in the particular rental unit by the renters, occupants, or guests or conduct by the tenants which constitutes disorderly use anywhere on the property of the apartment building, or home, or mobile home park in which the rental unit is situated.


(K) For the purpose of this subchapter, participation and compliance by the rental property owner with the provisions of the City Rental Property Owners Partnership Program shall meet the requirements for the rental owner taking action to prevent further disorderly use of the premises.


(Prior Code, § 3-0501, Subd. 12) Penalty, see § 150.999