St. Louis Park, Minn., City Code ch. 8 §§ 8-326–8-335 (2026) § 8-331

Sec. 8-331. Provisional licenses.
(a) An owner’s license shall be converted to a provisional license under the following
circumstances:

       (1)     The existence of substantial ongoing public safety concerns; or

       (2)     Licensee’s consistent failure to maintain compliance with property
               maintenance and other city code requirements.

       (3)     To accommodate the residential rental training schedule.

(b) Police contacts that may be considered to determine whether there are substantial
ongoing public safety concerns include disorderly use activities, criminal activity and drug
related criminal activity.

    (c) Police contacts will not be considered for purposes of determining whether
substantial ongoing public safety concerns exist where the victim and suspect are “family
or household members” as defined in the Domestic Abuse Act, Minnesota Statutes, Section
518B.01, Subd. 2 (b) and where there is a report of “Domestic Abuse” as defined in the
Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a).

    (d) Factors that will be considered in determining if substantial ongoing public safety
concerns warrant converting a regular license to a provisional license include the nature
and severity of the incidents giving rise to the police contacts and any evidence that tenants
are being discouraged or intimidated from making police contacts.

    (e) Upon determining that a regular license is to be converted to a provisional license
due to on-going public safety concerns pursuant to Section 8-331(a)(1), the city shall
promptly provide notice of this decision to the owner and to each tenant alleged to have
been involved in each police contact or incident cited in support of the decision. The
notice shall include the date and time of each cited contact or incident, along with
sufficient identifying information about the contact(s) or incident(s) for the owner and/or
involved tenant(s) to assess whether the factors listed in subparts (b), (c) and (d), above,
have been properly considered in the city manager’s decision. The owner and each tenant
shall then have 10 days to submit a written appeal of the decision. In the event that the
city receives timely notice of appeal, the city manager shall promptly schedule a hearing
on the appeal, providing prompt notice of the date and time of the hearing to the owner
and to any tenant that joined or participated in the appeal, to present evidence
contesting the decision and/or any arguments to overturn the decision. The provisional
license shall not take effect until after the final determination of the appeal.

    (f) If a regular licensee is converted to a provisional license, the licensee must submit
to the city manager or designee for review a mitigation plan for the license period. The
mitigation plan shall describe steps proposed by the applicant to reduce public safety
concerns to a level that qualifies for a regular license. If there has been a consistent failure
to promptly meet property maintenance and other code requirements, the mitigation plan
shall describe the steps to eliminate the problem.

     (g) In addition to an approved mitigation plan, a provisional license will only be issued
if the following conditions are also met:

       (1)     Owner and manager or managers have all successfully completed, or will
               promptly complete, a training program provided or specified by the city.
       (2)     Managers must be resident managers or on-site managers who are on site
               or available 24 hours a day.
       (3)     The licensee must provide the city with a current certificate of insurance
               providing proof of property and general liability coverage. The city may
               notify the insurer of the license status of the property.

(h) After giving the applicant an opportunity to be heard, the city manager or designee
shall approve, disapprove, or approve with conditions the application and the mitigation
plan. In evaluating a mitigation plan, the city manager or designee will consider, among
other things, the facility, its management practices, the nature and seriousness and
frequency of public safety concerns, and the expected effectiveness of measures identified
in the plan to address overall public safety concerns or incidents of property maintenance
and other code violations. In evaluating a mitigation plan submitted by an applicant already
under a provisional license, the city manager or designee will also consider the
effectiveness of measures identified in any previous mitigation plan and the need for
different or additional measures to address overall public safety concerns or reduce
property maintenance and other code violations.

    (i) The licensee shall comply with the mitigation plan as approved or modified by the
city manager or designee. No later than the tenth day after each calendar month, the
licensee shall mail or deliver to the city manager or designee a written report describing all
steps taken in furtherance of the mitigation plan during the preceding month. A provisional
license will be issued for up to a maximum of twelve months.

   (j) The fee for a provisional license shall be established by ordinance. The licensee
having a regular license converted to a provisional license within the regular license term
must pay the license fee difference.

(Ord. No. 2393-10, 11-12-10; Ord. No. 2590-20, 8-17-2020)