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Official in a manner prescribed in ({}8.60.10, Subd. 2) and the effect of any <br />denial, revocation, suspension or non-renewal resulting therefrom shall be <br />that the affected building or unit shall not be occupied until the licensee <br />has complied to the satisfaction of the City Council with all the conditions <br />established by the Council for occupancy. <br /> <br />Application of second and third offense. In order for paragraphs b. and c. <br />above to apply, any. second or subsequent behavior incidents must be <br />separate incidents and must consist of one of the following conducts: <br /> <br />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 />o <br /> <br />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 units 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 or within 60 days of notice given by the licensee to a <br />tenant to vacate the premises, and the unlawful conduct was related to the <br />conduct by that tenant or other occupants or guests of the tenant's unit. <br />Eviction proceedings shall not be a bar to adverse license action, however, <br />unless the eviction proceedings are diligently pursued by the licensee. <br />Further, any action to deny, revoke, suspend, or not renew a license based <br />upon violations of this Section may be postponed or discontinued at any <br />time if it appears that the licensee has taken appropriate measures which <br />will prevent further instances of use of the premises for prohibited <br />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. It 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 />17 <br /> <br /> <br />