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6A.A. - Page 21 <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. <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 permit is denied for the sole reason that a massage <br />practitioner does not possess the required training, reapplication may occur when <br />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 />chapter, without first obtaining State Certification and a City Certificate of <br />17 <br />A TTY /O R D. 359 /MA S SA G E <br />102811 <br />