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ATTY/ORD.412/MASSAGE ORDINANCE <br />REV: 09-23-15 PT <br />Page 19 of 20 <br />decision whether to grant a continuance is at the discretion of the Chair of the <br />License Board, who shall consider whether granting the continuance poses a <br />threat to public health or safety in light of the severity of the violations alleged. <br /> 6. The decision of the License Board shall be a final administrative order, <br />with no further administrative right of appeal or reconsideration. The License Board <br />may sustain a suspension or revocation, overrule a suspension or revocation, <br />reduce a revocation to a suspension and/or reduce the length of a suspension. <br />However no revocation or suspension shall be reduced to a length of less than a <br />five day suspension. Further the License Board may stay the effective date of any <br />suspension for a reasonable time following a hearing. <br /> F. Reapplication. No reapplication will be accepted within one (1) year after a <br />Massage Registration Certificate is revoked. <br /> G. Evidence. The following rules shall apply to any hearing required by this <br />section. All parties involved shall have the right to offer testimonial, documentary, <br />and tangible evidence bearing on the issues, to be represented by counsel, and to <br />confront and cross-examine witnesses. Any relevant evidence may be admitted if <br />it is the sort of evidence upon which reasonable persons are accustomed to rely in <br />the conduct of serious affairs. Formal rules of evidence and discovery do not apply <br />to proceedings governed by this chapter. Unless otherwise specifically prohibited <br />by law, the burden of proof is on the registrant in any hearing or other matter under <br />this chapter. <br />Sec. 18A.13. PUBLIC NUISANCE: <br /> It shall be unlawful and a public nuisance for a massage business to be operated, <br />conducted, or maintained contrary to the provisions of this chapter. The City may exercise <br />its discretion, in addition to or in lieu of prosecuting a criminal action, to commence <br />proceedings for the abatement, removal, and enjoinment of that business in any manner <br />provided by law. <br /> Section 4. This adoption of this ordinance is not a project under CEQA as defined <br />in CEQA Guidelines, section 15378, because it has no potential for resulting in either a <br />direct or foreseeable physical change in the environment. <br />6.4.A. - Page 23