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Ordinance No. <br />Page 13 <br />11. During the ten (10) years preceding the date of the application, the <br />applicant has been convicted of, or pled guilty or no contest to, any other offense <br />involving dishonesty, fraud, deceit, violence, or moral turpitude. <br />12. Conspiracy or attempt to commit any of the aforedesignated <br />offenses in 6.24.110(B). <br />13. The applicant has made a material misrepresentation in the <br />application or supplementary material submitted with the application. <br />C. The Police Chief may deny the application for a permit if any of the following <br />circumstances exist: <br />1. During the ten (10) years preceding the date of the application, the <br />applicant has had a license, certificate, or permit related to massage suspended by the <br />City or any public agency. <br />2. During the ten (10) years preceding the date of the application, the <br />applicant has engaged in, conducted, or operated a massage establishment, or has <br />engaged in, conducted, or operated as a massage therapist, in a manner which would <br />be grounds for denial, suspension, or revocation of a permit under this Chapter. <br />D. The Police Chief shall give written notice of the grounds for denial to the <br />applicant personally or by first class mail, postage prepaid, at the address provided in <br />the application. The notice shall advise the applicant of the right to appeal the decision. <br />6.24.120 Appeal. The Police Chief's decision to deny the application for a permit may <br />be appealed to the City Manager by the applicant through the following procedure: <br />A. Within ten (10) days after mailing or personal service of the notice of <br />denial, the applicant shall file with the City Clerk a written request for an appeal hearing, <br />which states the specific grounds for appeal. <br />B. As soon as practicable after receiving the appeal, the City Clerk shall set a <br />date for the City Manager to hear the appeal, which date shall be no more than thirty <br />(30) days from the date the appeal was filed. The City Clerk shall give each appellant <br />written notice of the time and place of the hearing at least ten (10) days prior to the date <br />of the hearing, either by causing a copy of the notice to be delivered to the appellant <br />personally or by certified mail addressed to the appellant at the address shown on the <br />appeal. Continuances of the hearing may be granted by the City Manager on request of <br />the appellant for good cause shown, or on the City Manager's own motion. <br />C. The hearing shall be informal. At the hearing, the City Manager shall hear <br />the appellant and any witnesses and shall determine the issue. Upon conclusion of the <br />hearing, the City Manager shall render a decision and order which shall be final. <br />