New Brighton, Minn., Code of Ordinances ch. 18, art. III § 18-314

Conduct on a licensed premises

In Force
Verified 11/13/2026 · Next check 2/11/2027
New BrightonInspections, Registration & Licensing

Operative Text

New Brighton, Minn., Code of Ordinances ch. 18, art. III § 18-314
(a) Disorderly premises. All licensees (single-family homes, duplexes, multiple dwellings, and roominghouses) shall be responsible for ensuring 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) Violation of laws relating to the possession of controlled substances as defined in M.S.A. § 152.01, subd. 4.
(2) Violation of section 22-3 or M.S.A. § 609.72.
(3) The unlawful sale of intoxicating liquor or 3.2 percent malt liquor.
(4) Violation of laws relating to gambling.
(5) Violation of laws relating to prostitution as defined in M.S.A. § 609.321, subd. 9, or acts relating to prostitution.
(6) Unlawful use or possession of a firearm or weapon in violation of chapter 22, article II or M.S.A. § 609.66, subd. 1a, 609.67 or 624.713.
(7) Violation of section 22-2 .
(8) Violation of M.S.A. § 609.705 (Unlawful Assembly).
(9) Violation of M.S.A. § 609.71 (Riot).
(10) Violation of M.S.A. § 609.713 (Terrorist Threat).
(11) Violation of M.S.A. § 609.715 (Presence at Unlawful Assembly).
(b) Evidence of disorderly manner. Determination that a licensed premises has been used in a disorderly manner as described in subsection (a) of this section shall be made upon substantial evidence to support the determination. It shall not be necessary that criminal charges be brought in order to support a determination of disorderly use, nor shall the fact or dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section.
(c) Notice of violation. Upon determination by the city that a licensed premises was used in a disorderly manner as outlined in subsection (a) of this section, notice of the violation shall be given to the licensee. The notice shall include a directive for the licensee to take steps to prevent further violations.
(d) Repeat violations. For the purposes of subsections (e) and (f) of this section, the following will be considered repeat violations:
(1) Incidents occurring at the same rental unit;
(2) Incidents involving tenants at the same rental unit;
(3) Incidents involving guests or invitees at the same rental unit;
(4) Incidents involving guests or invitees of the same tenant;
(5) Incidents involving the same tenant.
(e) Second violation notice. If a repeat violation occurs within three months of the initial notice given under subsection (c) of this section, the city shall notify the licensee of the latest violation and shall 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 public safety department within five days of receipt of the second violation notice, and shall detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three months.
(f) Third violation. If a repeat violation occurs a third time within three months of the initial notice given under subsection (c) of this section, staff shall initiate the procedures of section 18-316 to give council authority to suspend or revoke the rental license, or take other actions with respect to a licensee, a tenant, or the licensed premises as may be authorized by this Code or state law, subject to the following:
(1) Eviction proceedings. 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. Eviction proceedings shall not be a bar to adverse license action unless such proceedings 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.
(2) Council action not exclusive. Enforcement actions provided in this section shall not be exclusive. The city council may take any action with respect to a licensee, a tenant, or the licensed premises as is authorized by this Code or state law.
Source: Legislative text reproduced verbatim
Plain English

New Brighton Code of Ordinances ch. 18, art. III § 18-314 establishes that rental properties — including single-family homes, duplexes, multi-unit buildings, and rooming houses — can be classified as 'disorderly premises' when certain unlawful activities occur on them, ranging from controlled-substance violations to riot or terrorist threats. The city follows a graduated response: a first incident triggers a notice to the licensee, a second incident within three months requires a written corrective-action report, and a third incident within that same window can set in motion proceedings to suspend or revoke the rental license. Importantly, a disorderly-use determination does not require a criminal conviction — substantial evidence alone is sufficient, and an acquittal does not automatically block license action.

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

Plain English — not legal advice.

For Property Managers

Property owners and managers holding a rental license in New Brighton should be aware that under § 18-314 they bear responsibility for ensuring occupants do not engage in the categories of conduct listed in subsection (a), regardless of whether criminal charges are ever filed. Compliant operators typically respond promptly to any city notice of violation, document every corrective step taken, and submit the required written report to the public safety department within five days if a second notice is issued. Actively pursuing eviction proceedings against a tenant whose conduct triggered a violation — and doing so diligently — is one factor the city considers when deciding whether to proceed with adverse license action under subsection (f).

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

For Tenants

Under § 18-314, tenants should understand that their conduct, as well as the conduct of their guests, can contribute to a disorderly-premises finding that puts the property's rental license at risk — which in turn can affect their housing situation. The provision explicitly allows the city to initiate license-suspension or revocation procedures after a third violation within three months, and eviction proceedings may run concurrently with or independently of that process. Tenants who believe a disorderly-use determination has been made unfairly or that their rights are affected by license proceedings may wish to consult a tenant-rights organization or legal aid service familiar with New Brighton's rental licensing framework.

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

§ 14.544
LICENSE REQUIREMENTS
§ 14.545
STANDARDS FOR HEALTH, SAFETY AND NUISANCE PREVENTION
§ 14.546
SANCTIONS AND PENALTIES

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