Brainerd, Minn., City Code § 425 (2026) § 425.8000

425.8000          Conduct on Licensed Premises
(a) The Brainerd Police Department shall be responsible for the
                enforcement and administration of this Section.

            (b) It shall be the responsibility of the licensee of a rental premises license
                to take appropriate action, with the assistance of the appropriate City of
                Brainerd Staff, following a pattern of disorderly conduct or use by tenants
                and/or their guests on a licensed dwelling unit(s) premises which is
                determined to be disorderly (in violation of any of the following statutes
                or ordinances) to prevent further violations.

                   (1) Minnesota Statutes, Section 609.75 through 609.76, which
                       prohibits gambling;

                   (2) Minnesota Statutes, Section 609.321 through 609.324, 617.80,
                       Subdivision 4 which prohibits prostitution, sex trafficking and acts
                       related thereto;

                   (3) Minnesota Statutes, Section 152.01 through 152.025, and Section
                       152.027, Subdivisions 1 and 2, which prohibit the unlawful sale or
                       possession of a controlled substances.

                   (4) Minnesota Statutes, Section 340A.401, which prohibits the
                       unlawful sale of alcoholic beverages; and Section 2007.05(a)(1)
                       of the Brainerd City Code which addresses Social Host violations
                       involving underage drinking;

                   (5) Minnesota Statutes, Section 609.72, which addresses disorderly
                       conduct. The City of Brainerd will count violation(s) of disorderly
                       conduct against a licensed dwelling unit under Section
                       425.8000.C of this ordinance when the violation disturbs the
          peace and quiet of the occupants of at least two (2) units on the
          licensed premises or other premises, other than the unit occupied
          by the person(s) committing the violation; or when at least (2)
          distinct violations, separated by no more than sixty (60) days,
          disturbing the peace and quiet of at least one (1) unit on the
          licensed premises or other premises, other than the unit occupied
          by the person(s) committing the violation, and the violations are
          reported by distinct and separate complaints;

       (6) Minnesota Statutes, Section 97B.021, 97B.045, 609.66 through
          609.67 and 624.712 through 624.716, and Section 520.01 of
          Brainerd City Code which prohibits unlawful use or possession of
          a firearm;

       (7) Section 2014 of the Brainerd City Code, which address noise
          related issues;

       (8) Minnesota Statute 504B.171, Eviction for Illegal Activities.

(c) The Brainerd Police Department shall make the determination that a
   violation of disorderly conduct or use as described in Subsection (b) has
   occurred on the licensed premises based upon substantial evidence to
   support such a determination utilizing established procedures. It shall not
   be necessary that criminal charges be brought to support a
   determination of a violation of

(d) disorderly conduct or use, nor shall the fact of dismissal or acquittal of
   such a criminal charge operate as a bar to adverse license action under
   this Section. The Brainerd Police Department shall notify the licensee
   and tenant by certified mail, and/or email of the violation and direct the
   licensee to take appropriate action with the assistance of the Brainerd
   Police Department to prevent further violations.

(e) Management Plan Required: The Owner or Operator of a licensed
   dwelling unit(s) must submit a written management plan in a format
   prescribed by the Brainerd Police Department whenever any of the
   following occurs:

       (1) A violation as described in Subsection (b) and as determined in
          Subsection (c) is deemed to be a threat to public safety; or

       (2) A second violation of disorderly conduct or use by tenants and/or
          guests of a licensed dwelling unit on the premises occurs within
          twelve (12) months of a violation for which a notice in Subsection
          (c) was given; or

       (3) For licensed multiple dwelling unit(s) on a premises, if more than
          four (4) violations as described in Subsection (b) occurs within
          twelve (12) months of a violation for which a notice in Subsection
          (c) was given.
          (4) The licensee shall submit the written management plan to the
             Brainerd Police Department within ten (10) days of receipt of the
             violation(s) of disorderly conduct or use on the premises. The
             written management plan shall detail all actions taken by the
             licensee in response to all violation of disorderly conduct or use
             on the premises within the preceding twelve (12) months. The
             written management plan shall also detail all actions taken by the
             licensee to prevent further violation(s) of disorderly conduct or use
             on the premises. Failure to submit a written management plan
             may result in an action to deny or revoke the license of the
             subject dwelling unit(s). An escalated reoccurring fee will be
             assessed by the city fee schedule for failure to submit a written
             management plan.

   (f) Recurring violations on a premises operating under a management plan
      as described in Subsection (d) may result in the following actions taken:

          (1) If a third violation of disorderly conduct or use by tenants and/or
             guests of a licensed dwelling unit on the premises occurs within
             twenty-four (24) months of the first of any two (2) previous
             violation of disorderly conduct or use for which notices were sent
             to the licensee pursuant to this section, the dwelling unit license
             for the premises may be denied or revoked. Action shall be
             initiated by the Brainerd Police Department in the manner
             described in Section 425.3012.

          (2) For licensed multiple dwelling unit premises, if three (3) additional
             violations as described in Subsection (b) occur within twenty-four
             (24) months following a requirement to submit a management
             plan under Subsection (d)(3), the Housing Inspector shall require
             an immediate inspection of all licensed dwelling unit(s) of the
             premises and may impose a penalty of ten (10) points as
             described in Section 425.3006(e)

          (3) to each licensed dwelling unit of the premises. Such penalty
             points shall not be considered a major violation under Section
             425.3006(e).

(g) No adverse license action shall be imposed where the instance of a
   violation of disorderly conduct or use on the premises of a licensed dwelling
   unit occurred during the pendency of eviction proceedings or after proper
   notice is given by the licensee to a tenant to vacate the dwelling unit, where
   the violation of disorderly conduct or use was related to conduct by that
   tenant or his/her guests. Eviction proceedings shall not be a bar to adverse
   license action, however, unless they are diligently pursued by the licensee.
   A notice to vacate shall not be a bar to adverse license action unless a copy
   of the notice is submitted to the Brainerd Police Department within ten (10)
   days of receipt of the violation notice. Further, an action to deny or revoke a
   rental license based upon violations of this section may be postponed or
           discontinued by the Brainerd Police Department at any time if it appears that
           the licensee has taken appropriate action to prevent further violation(s) of
           disorderly.

(Amended Ord. 966 – 1994, Ord. 1155 – 2002, Ord. 1175 – 2002, Ord. 1265 – 2005,
Ord. 1304 – 2007, Ord. 1525 – 2022, ORD 1578 - 2025)