(a) If the licensing official becomes aware of chronic problems or complaints with
loitering, disorderly behavior, consumption of beverage alcohol, thefts, property
damage, or other nuisance-related or criminal activity on parking lots licensed under
this chapter, after (i) providing notice to the licensee of the concerns (ii) providing
licensee a reasonable opportunity to correct the problem, and (iii) if the problems
persist, conducting a hearing to ascertain if increased measures are warranted, the
licensing official may require such parking lots to provide increased monitoring or
other reasonable security measures. To impose such monitoring or increased security
measures, the licensing official must prove at the hearing that a licensee, after
notice and an opportunity to correct, has failed to adequately address the parking
lot problems. The licensing official's determination may be based on all relevant
evidence including the location's uniform crime reporting statistics.
(b)
Licensees authorizing the removal or immobilization of a vehicle on a licensed parking
lot for reasons of non-payment of a parking fee or a trespass violation must sign
the required authorization form and be present when the service is performed. Said
person authorizing this service must be an owner of the property from which the vehicle
is to be removed, or the license holder of the parking lot license for the property,
or a bona fide employee of the owner or parking lot license holder, or a duly authorized
protective agent, licensed under Minnesota Statutes, Chapter 326, hired by the owner
or parking lot license holder authorized in writing by the owner of this property
to authorize towing. The person authorizing the towing service and signing the order
form shall not be a motor vehicle service or immobilization service licensee, nor
an employee or agent of a motor vehicle service or immobilization service licensee.
(2001-Or-105, § 7, 9-14-01; 2013-Or-202, § 6, 12-6-13)
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