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4-36-600 VIOLATIONS AND REVOCATION OF LICENSE. (a) Violations. If the Administrator has reasonable cause to believe a violation of this Chapter exists, or if any court of competent jurisdiction determines the same, the Administrator may issue a notice of violation and begin the revocation process as follows: (1) First Violation. After a first violation of this Chapter at a location within any thirty-six-month period, the Administrator shall: (i) Issue a written warning to the licensee,which includes: the facts supporting the finding of a violation, the penalties for further violations of this Chapter, and provides thirty days within which the licensee may cure the violation and advise employees of applicable regulations or contact the Administrator to challenge the finding of a violation. (ii) If the licensee contacts the Administrator to challenge the finding of a violation, the Administrator shall provide written notice of a hearing, not less than five business days after the notice, at which the tobacco retailer may show cause, at a time and place specified in the notice, why a violation does not exist. Should the tobacco retailer fail to present evidence at such hearing establishing, in the reasonable determination of the Administrator, that a violation does not exist, the Administrator shall provide written notice to the tobacco retailer that the notice of violation is upheld. (2) Second Violation. After a second violation of this Chapter at a location within any thirty-six-month period, the licensee shall be fined two thousand five hundred dollars ($2,500). (3) Third Violation. After a third violation of this Chapter at a location within any thirty-six-month period, the license shall be suspended for twenty (20) days. (4) Fourth Violation and Additional Violations. After four or more violations of this Chapter at a location within any thirty-six-month period, the license shall be revoked and no new license may issue for the location or tobacco retailer until three years have passed from the date of revocation. (b) Revocation and Suspension Procedures. If a license is subject to revocation or suspension, the Administrator shall provide written notice of revocation or suspension along with the reasons for revocation or suspension, facts suggesting violation, the penalties for violation, and ability to appeal pursuant to subsection (c) of this section. Within five days of the mailing of notice of revocation or suspension, the tobacco retailer shall cease the operation of the business for which the license was issued. (c) Appeal of Revocation or Suspension. A decision of the Administrator to revoke or suspend a license is appealable to the City Manager and must be filed with the City Clerk within ten days of mailing of the Administrator's notice of revocation or suspension. If such an appeal is made, it shall stay enforcement of the appealed action. An appeal to the City Manager is not available for a revocation made pursuant to subsection (d) of this section. The date, time, and place of appeal hearings shall be provided in writing to the tobacco retailer with at least ten days' notice. If the tobacco retailer fails to present evidence establishing that tobacco retailer is entitled to retain the license or should not be subject to suspension, the City Manager shall uphold the revocation or suspension and give written notice to the tobacco retailer. Within five days of the mailing of the notice of upheld revocation or suspension, the tobacco retailer shall cease operation of the business for which the license was issued. (d) Revocation of License Wrongly Issued. A tobacco retailer's license shall be revoked if the Administrator finds, after the licensee is afforded notice and an opportunity to be heard, that one or more of the bases for denial of a license under Section 4-36-300 existed at the