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ORDINANCE NO. NS-1353 Page Two (d) The Chief of Police shall have a reasonable time in which to investigate the application and background of the applicant. The Chief of Police or his representative shall render a recommendation as to the approval or denial of the permit to the City Manager. (e) The City Manager, after receiving the appli- cation and aforementioned recommendation, shall grant the permit if he finds in accordance with sections 22-3(f) (1) through 22-3(f) (6), and in addition finds: (1) The applicant has medical certificate in ordinance. furnished an acceptable compliance with this (2) The applicant has furnished an acceptable diploma or certificate of graduation from a "recognized school" or in lieu thereof has demonstrated competence and proficiency to the satisfaction of the City Manager through continuous experience as a massage technician for a two (2) year period prior to the effective date of this ordinance, or is an active member in good standing in the California Massage Technicians Association or the American Massage and Therapy Association. (3) The applicant has not had a massage establishment permit or a massage technician's permit or other similar license or permit denied or revoked for cause by this city located in or out of this state within the five (5) years prior to the date of appli- cation. (4) The applicant is at least eighteen (18) years of age. (f) Any person denied a permit by the City Manager pursuant to these provisions may appeal to the City Council pursuant to Chapter 3 of the Santa Ana Municipal Code. SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Aha hereby declares that it would have adopted this ordinance and each section, subsection sentence, clause, phrase or portions thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconsti- tutional. SECTION 3: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof,