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B. Whether or not activity is obscene shall be judged by consideration of the following <br /> factors: <br /> 1. Whether the average person, applying contemporary community standards, would <br /> find that the activity taken as a whole appeals to a prurient interest in sex; and <br /> 2. Whether the activity depicts or describes in a patently offensive way, as measured <br /> against community standards, sexual conduct as described in RCW 7.48.010(2)(b); <br /> and <br /> 3. Whether the activity taken as a whole lacks serious literary, artistic, political or <br /> scientific value. <br /> Section 13: Codification <br /> Sections 1 through 12 of this ordinance shall be codified as twelve sections of a new <br /> chapter of the Everett Municipal Code Title 5. <br /> Section 14: The City of Everett City Council finds that more information is needed before a <br /> decision is made regarding whether adult cabarets should be regulated under the City's Zoning <br /> Code in the same manner as public places of adult entertainment. City Council will review this <br /> issue after the effective date of this ordinance. <br /> Section 15: Severability. <br /> Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance or <br /> its application to any person or situation be declared unconstitutional or invalid for any reason, <br /> such decision shall not affect the validity of the remaining portions of this ordinance or its <br /> application to any other person or situation. The City Council of the City of Everett hereby <br /> declares that it would have adopted this ordinance and each section, subsection, sentence, clause, <br /> phrase or portion thereof irrespective of the fact that any one or more sections, subsections, <br /> clauses, phrases or portions be declared invalid or unconstitutional. <br /> Section 16: Third Party Liability <br /> It is expressly the purpose of this ordinance to provide for and promote the health, safety <br /> and welfare of the general public and not to create or otherwise establish or designate any <br /> particular class or group of persons who will or should be especially protected or benefited by the <br /> terms of this ordinance. <br /> It is the specific intent of this ordinance that no provisions nor any term used in this ordinance is <br /> intended to impose any duty whatsoever upon the City or any of its officers or employees, for <br /> whom the implementation and enforcement of this ordinance shall be discretionary and not <br /> mandatory. <br /> 12 <br />