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A license granted under this chapter may be suspended or revoked by the finance director, after investigation and upon the recommendation of the city attorney, police chief, fire chief, planning director or the Whatcom County health officer, where one or more of the following conditions exist:

A. The license was procured by fraud or misrepresentation of a material fact in the application or in any supporting documentation; or

B. The business or business premises, entertainer or manager, after 30 days’ written notice of noncompliance, continues to be in violation of any provision of this chapter or of any other applicable law or regulation; or

C. The licensee, operator or any employee has knowingly allowed, in or upon the premises, any violation of BMC 6.30.100(C) or (D) or 6.30.110(D), (E) or (F).

D. Any of the grounds listed in BMC 6.05.230(A).

The finance director shall provide at least 10 days’ prior written notice to the licensee of the decision to suspend or revoke the license. Such notice shall inform the licensee of the right to appeal the decision to the hearing examiner as provided in this chapter, and shall state the effective date of such revocation or suspension and the grounds for revocation or suspension.

A license procured by fraud or misrepresentation shall be revoked. Where the conditions listed in subsection (B) or (C) of this section are found, the license shall be suspended for a period of 30 days upon the first such violation, 90 days upon the second violation within a 24-month period, and revoked for third and subsequent violations within a 24-month period, not including periods of suspension.

A licensee whose license has been revoked may reapply for a new license one year after the effective date of the revocation. [Ord. 2012-10-047 § 23; Ord. 2002-10-069 § 13].