Excelsior, Minn., Code of Ordinances ch. 8, art. IV § 8-155

Conduct on licensed premises

In Force
Verified 11/13/2026 · Next check 2/11/2027
ExcelsiorHabitability & Repair

Operative Text

Excelsior, Minn., Code of Ordinances ch. 8, art. IV § 8-155
(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. For purposes of this section, a premises is disorderly at which any of the following activities occur:
(1) Excessive noise, in violation of article III of chapter 16 of this Code of Ordinances.
(2) Unlawful possession, delivery, sale, or purchase of controlled substances, as defined in Minn. Stats. § 152.01, or violation of laws relating to the possession of such controlled substances.
(3) Disturbing the peace.
(4) The unlawful sale of intoxicating liquor or nonintoxicating malt liquor.
(5) Violation of laws relating to gambling.
(6) Violation of laws relating to prostitution as defined in Minn. Stats. § 609.321, or acts relating to prostitution.
(7) Unlawful use or possession of a firearm in violation of Minn. Stats. § 609.66, Minn. Stats. § 609.67, or Minn. Stats. § 624.713.
(b) The building official shall be responsible for enforcement and administration of this section. Authority to take any action authorized under this section may be delegated to the building official's authorized designee.
(c) Upon determination by the building official that a licensed premises was or is being used in a disorderly manner, the building official shall give notice to the licensee of the violations and shall direct the licensee to take all necessary and appropriate steps to prevent further violations.
(d) If another instance of disorderly use of the licensed premises occurs within three months of an incident for which a notice in subsection (c) of this section was given, the building official shall notify the licensee of the additional violations 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 building official within five days of receipt of the notice of disorderly use of the premises given under this subsection (d). The written report shall detail all actions taken by the licensee in response to all notices of disorderly use of the premises given under this section within the preceding three months.
(e) If another instance of disorderly use of the licensed premises occurs within three months after any instance of disorderly use for which notice was given to the licensee pursuant to subsection (d) of this section, it shall be sufficient grounds for denial, revocation, suspension, or nonrenewal of the operating license, or for imposing conditions on any such license.
(f) An action under this section to revoke or suspend a license, or to impose conditions on the license, may be initiated by the building official or the city manager, who shall give to the licensee written notice of a hearing before the city council to consider such revocation, suspension, or imposition of conditions. 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 ten days and no more than 30 days after giving such notice. Following the hearing, the council may revoke or suspend the license for all or any part or parts of the licensed premises or may grant a license subject to or impose upon an existing license such terms and conditions as it deems necessary to accomplish the purposes of this section.
(g) 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 the tenants who were subject to the eviction proceedings or the notice to vacate or by other occupants or guests 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 revoke or suspend or impose conditions on a license based upon violations of this section may be postponed or discontinued at any time if it appears to the building official, the city manager, or the city council that the licensee has taken appropriate measures which will prevent further instances of disorderly use.
(h) A determination that the licensed premises have been used in a disorderly manner as described in subsection (a) of this section shall be made upon substantial 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, nor shall the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section.
(i) All notices given by the city under this section shall be personally served on the licensee or sent by registered mail to the licensee's last known address. If neither method of service is successful, notice may be given by posting in a conspicuous place on the licensed premises for at least 48 hours.
(j) Nothing in this section shall prevent the city from reissuing a revoked license if the licensee has demonstrated that it has brought the dwelling unit in question into compliance with the city Code's requirements, and the city finds that the licensee is not likely to allow the dwelling unit in question to become noncompliant again in the future.
Source: Legislative text reproduced verbatim
Plain English

Excelsior Code ch. 8, art. IV § 8-155 places responsibility on licensed-premises operators to prevent disorderly conduct — including excessive noise, drug activity, gambling, prostitution, and unlawful firearm use — from occurring on their properties. When violations are found, the building official follows a graduated response: first a notice, then a written-report requirement if problems recur within three months, and ultimately potential license denial, suspension, revocation, or added conditions for further repeat violations. Criminal charges or convictions are not required for the city to take adverse license action.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 13, 2026

Plain English — not legal advice.

For Property Managers

Under § 8-155, compliant operators actively monitor their properties and respond promptly whenever the building official issues a notice of disorderly use. If a second incident occurs within three months, operators are expected to submit a written corrective-action report within five days. Diligently pursuing eviction proceedings against tenants responsible for disorderly conduct can shield a licensee from adverse license action during that process.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 8-155 creates a framework that can affect housing stability: if a landlord's license is revoked or suspended due to disorderly-use findings, tenants in the building may be impacted. Tenants who receive a notice to vacate or are subject to eviction proceedings related to disorderly conduct should be aware that the ordinance explicitly limits adverse license action tied to their unit during that period. Tenant-rights organizations familiar with Excelsior's ordinances can help residents understand how this provision intersects with their occupancy rights.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated November 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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Related Rules

§ 244.260
Compliance required
§ 14.567
ADOPTED BY REFERENCE
§ 244.340
Sewer and water connections

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