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Second Offense. If a second incident of prohibited conduct occurs <br />at the same licensed premises or rental dwelling unit within three <br />months after notice of a prior incident has been given, the <br />Compliance Official shall notify the licensee or local agent <br />personally or by certified mail of the violation and shall also <br />require the licensee to submit a written report of the actions taken, <br />and proposed to be taken, by the licensee to prevent further use of <br />the premises for the prohibited conduct. The written report shall <br />be submitted to the Compliance Official within fi:'e ten .business <br />days of receipt of the second notice of prohibited conduct on the <br />premises and shall detail all actions taken by the licensee in <br />response to all prior notices of such use of the premises within the <br />preceding three months. <br /> <br />Third Offense. If a third incident of prohibited conduct occurs at <br />the same licensed premises or rental unit within three months after <br />the notice of the second occurrence as provided herein, the license <br />of the premises may be denied, revoked, suspended, or not <br />renewed. An action to deny, revoke, suspend, or not renew a <br />license shall be initiated by the Compliance Official in a manner <br />prescribed in subsection (11) (Need to tqnd the r~ht section <br />(i~8~'~'O;i~'~?'~g~?~::!:~)i and the effect of any denial, nop~re¥c, cation <br />revocation, suspension or non-renewal resulting therefrom shall be <br />that the affected building or unit shall not be occupied until the <br />licensee has complied to the satisfaction of the City Council with <br />all the conditions established by the Council for r-e-occupancy. <br /> <br />Application of second and third offense. In order for paragraphs b <br />and c to apply, any second or subsequent behavior incidents must <br />be separate incidents and must consist of conduct: <br /> <br />anywhere on the licensed premises by the same~ tenant or <br />lessee, or persons acting in conjunction with or under the <br />control of the same tenant or lessee; <br /> <br />by any person or persons within the same rental unit while <br />occupied by the same tenant or lessee or within two or more <br />rental units while occupied by the same tenant or lessee; or <br /> <br />3. by the owner of the leased premises or persons acting in <br /> conjunction 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 <br />pending eviction proceedings (unlawful detainer) or within 60 days <br />of notice given by the licensee to a tenant to vacate the premises, <br /> <br />23 <br /> <br /> <br />