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12/12/2011 <br /> reasonable attempts to otherwise serve are not successful, service may be <br /> provided by first class mail. <br /> B. Notice of the decision shall be given in the same manner as for the hearing. <br /> C. If the permit is suspended or revoked, the permit shall be surrendered. <br /> D. Service shall be deemed complete when personal service is made, when the <br /> certified letter is delivered, or when the decision is mailed by first class mail. <br /> E. Unless otherwise specifically prohibited by law, the burden of proof is on the <br /> Registered Certificate Holder/applicant in any hearing or other matter under <br /> this chapter. Formal rules of evidence shall not apply to the hearing. <br /> Sec. 18A.20. APPEAL FROM DENIAL, REVOCATION, SUSPENSION <br /> The decision of the Chief of Police to deny, revoke or suspend a Certificate of <br /> Registration may be appealed by the Registered Certificate Holder to the City <br /> Manager in accordance with the appeals procedures set forth in Chapter 1 of the <br /> Municipal Code. <br /> Sec. 18A.21. REAPPLICATION AFTER DENIAL <br /> No reapplication for a Certificate of Registration will be accepted within one year <br /> after an application or renewal is denied or a Certificate of Registration is <br /> revoked, provided that, if a Certificate of Registration -- Business is denied for the <br /> sole reason that a massage practitioner does not possess the required training, <br /> reapplication may occur when the required training is completed. <br /> Sec. 18A.22. PUBLIC NUISANCE. <br /> Any massage business operated, conducted, or maintained contrary to the <br /> provisions of this chapter shall be unlawful and a public nuisance, and the City <br /> Attorney may in the exercise of discretion, in addition to or in lieu of prosecuting a <br /> criminal action hereunder, commence an action or actions, proceeding or <br /> proceedings, for the abatement, removal and enjoinment thereof, in a manner <br /> provided by law. <br /> Sec. 18A.23.VIOLATIONS, PENALTIES. <br /> A. Unless otherwise exempted by the provisions of this Chapter, every person, <br /> whether acting as an individual, owner, employee of the owner, operator, or <br /> employee of the operators or whether acting as a mere helper for the owner, <br /> employee, or operator, or whether acting as a participant or worker in any <br /> way, who gives massages or conducts a massage business, or who, in <br /> connection with the business, gives or administers, or practices the giving or <br /> administering of, massages or baths or any of the services defined in this <br /> 17 <br /> ATTY/ORD.359/MASSAGE ORD.#2372 <br /> 102811 MUFF#305 <br />