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.Jura-OS-99 09:08A City Falcon Heights • d. Subsequent Violations. Violations occurring after the notice of hearing has been mailed, but prior to the hearing, must be treated as a separate violation and dealt with as a second appearance before the Council, unless the City Administrator and licensee agree in writing to add the violation to the first appearance. The same procedure applies to a second, third or fourth appearance before the Council. e. Subseauent Appearances. Upon a second, third or fourth appearance before the Council by the same licensee, the Council must impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the first or prior appearance. However, the Council may consider the amount of time elapsed between appearances as a basis for deviating from the presumptive penalty Imposed by this Section. f. Computatlon of Aoaearances. After the first • appearance, a subsequent appearance by the same licensee will be determined as follows: i. If the first appearance was within eighteen (18) months of the current violation, the , current violation will be treated as a second appearance. ii. If a licensee has appeared before the Council on two (2) previous occasions, and the current violation occurred within thirty (30) months of the first appearance, the current violation will be treated as a third appearance. iii. If a licensee has appeared before the Council on three (3) previous occasions, and the current violation occurred within forty-two (42) months of the first appearance, the current violation will be treated as a fourth appearance. iv. Any appearance not covered by subsections i, ii, or iii above will be treated as a first appearance.