This afternoon I advised Barb Lickness about how to possibly insure that her
"Neighbor from hell" house was not for a third time rented to problem
people. I suggested that she "help" the owner by sending them a registered
letter with the State Statute on "Disorderly House" or state statute 609.33
from the State CRIMINAL CODE. Property Owners need to KNOW this law exists
and to protect themselves from its penalties. It is also an easy way to
gain an immediate eviction. To "assist" the property owner I also suggested
that she send a certified copy to the Minneapolis Police Department with the
date the "owner" was notified.
It is a powerful tool that the City of Minneapolis and the Court could use,
but for some reason they just do not. Talk about cost efficiency for
community policing, I have never informed (by registered or certified mail)
a landlord of the jeopardy they incurred by the fact that they,
"own, lease, operate, manage, maintain,
or conduct a disorderly house, or invite or attempt to invite
others to visit or remain in the disorderly house. A violation
of this subdivision is a gross misdemeanor.",
that they did not take prompt and immediate action.
Below is the first part of that Statute. I hope neighborhood people in
impacted neighborhoods will make use of it, and "encourage their law
enforcement officials to apply it. When I read the letters from Dyna, Keith
and Dennis from the Northside, or Barb Lickness and the folks along
Bloomington Avenue on the Southside, I can not help but wonder why it is not
applied more often. It is so straight forward and simple! It is just one
tool to fix the problem, but it is a good one.
Jim Graham,
Ventura Village, Phillips Community Planning District, Third Precinct, 6th
Ward
Chapter Title: CRIMINAL CODE
Section: 609.33
Text:
609.33 Disorderly house.
Subdivision 1. Definition. For the purpose of this
section, "disorderly house" means a building, dwelling, place,
establishment, or premises in which actions or conduct
habitually occur in violation of laws relating to:
(1) the sale of intoxicating liquor or 3.2 percent malt
liquor;
(2) gambling;
(3) prostitution as defined in section 609.321, subdivision
9, or acts relating to prostitution; or
(4) the sale or possession of controlled substances as
defined in section 152.01, subdivision 4.
Subd. 2. Prohibiting owning or operating a disorderly
house. No person may own, lease, operate, manage, maintain,
or conduct a disorderly house, or invite or attempt to invite
others to visit or remain in the disorderly house. A violation
of this subdivision is a gross misdemeanor.
Subd. 3. Mandatory minimum penalties. (a) If a
person is convicted of a first violation of subdivision 2, in
addition to any sentence of imprisonment authorized by
subdivision 2 which the court may impose, the court shall impose
a fine of not less than $300 nor more than $3,000.
(b) If a person is convicted of a second violation of
subdivision 2, in addition to any sentence of imprisonment
authorized by subdivision 2 which the court may impose, the
court shall impose a fine of not less than $500 nor more than
$3,000.
(c) If a person is convicted of a third or subsequent
violation of subdivision 2, in addition to any sentence of
imprisonment authorized by subdivision 2 which the court may
impose, the court shall impose a fine of not less than $1,000
nor more than $3,000.
Subd. 4. Evidence. Evidence of unlawful sales of
intoxicating liquor or 3.2 percent malt liquor, of unlawful
possession or sale of controlled substances, of prostitution or
acts relating to prostitution, or of gambling or acts relating
to gambling, is prima facie evidence of the existence of a
disorderly house. Evidence of sales of intoxicating liquor or
3.2 percent malt liquor between the hours of 1:00 a.m. and 8:00
a.m., while a person is within a disorderly house, is prima
facie evidence that the person knew it to be a disorderly house.
Subd. 5. Local regulation. Subdivisions 1 to 4 do
not prohibit or restrict a local governmental unit from imposing
more restrictive provisions.
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