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Application of second and third offense. In order for paragraphs b and c <br />to apply, any second or subsequent behavior incidents must be separate <br />incidents and must consist of conduct: <br /> <br />1. anywhere on the licensed premises by the same tenant or lessee, or <br /> persons acting in conjunction with or under the control of the same <br /> tenant or lessee; <br /> <br />2. by any person or persons within the same rental unit while occupied by <br /> the same tenant or lessee or within two or more rental un/ts while <br /> occupied by the same tenant or lessee; or <br /> <br />3. by the owner of the leased premises or persons acting in conjunction <br /> with or under the control of the owner. <br /> <br />No adverse license action shall be imposed where the instance of <br />prohibited conduct on a licensed premises occurred during the pending <br />eviction proceedings (unlawful detainer) or within 60 days of notice given <br />by the licensee to a tenant to vacate the premises, and the unlawful <br />conduct was related to the conduct by that tenant or other occupants or <br />guests of the tenant's unit. Eviction proceedings shall not be a bar to <br />adverse license action, however, unless the eviction proceedings are <br />diligently pursued by the licensee. Further, any action to deny, revoke, <br />suspend, or not renew a license based upon violations of this Section may <br />be postponed or discontinued at any time if it appears that the licensee has <br />taken apprapriate measures which will prevent further instances of use of <br />the premisek for prohibited conduct. <br /> <br />A determination that the licensed premises have been used in a manner <br />that constitutes prohibited conduct shall be made upon clear and <br />convincing evidence to support such a determination, k shall not be <br />necessary that criminal charges be brought in order to support a <br />determination of prohibited conduct nor shall the fact of dismissal or <br />acquittal of such criminal charges operate as a bar to adverse license <br />action under this Section. <br /> <br />The definition of prohibited conduct is in no way intended to exclude or <br />prevent the appropriate enforcement of illegal activities not included in <br />that definition. <br /> <br />The enforcement actions provided for in this section shall not be <br />exclusive, and the City Council may take any action with respect to a <br />licensee, a tenant, or the licensed premises as authorized by Federal, State, <br />or local laws and ordinances. <br /> <br />17 <br /> <br />-328- <br /> <br /> <br />