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