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2024 ORDINANCE Page 2 of 5 <br />F.The City finds that this Ordinance bears a substantial relation to public health, safety or welfare <br />and promotes the best long term interests of the Everett community; and <br />Whereas, the City Council does conclude: <br />1.The evidence provided is clearly reliable and demonstrates that bikini barista stands generate <br />significant adverse secondary effects; <br />2.This evidence supports the conclusion that the bikini barista stand model is easily transitioned <br />to other Quick Service Facilities type of business and, as such, it is appropriate and necessary to <br />regulate these all the same; <br />3.The evidence supports the conclusion that the City has tried to regulate these businesses in a <br />less restrictive manner which has proven unsuccessful and that imposing minimal dress <br />requirements along with a licensing scheme placing responsibility for compliance primarily on the <br />owner is reasonable and will both diminish the adverse secondary effects and improve the quality <br />of living within the City; and <br />4.This ordinance is intended to protect Constitutional rights while addressing the adverse <br />impacts these bikini barista stands have on the City; <br />NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br />Section 1. EMC 5.32.020 is amended as follows: <br />Definitions <br />A.“Dress Requirement” is clothing that covers “minimum body areas.” Such clothing shall not <br />be see-through and must fit adequately so that undergarments and all minimum body areas <br />remain covered at all times including when the wearer is sitting, standing, bending, reaching or <br />performing other work duties. The City Clerk is authorized to issue regulations to ensure full <br />compliance and provide diagrams to illustrate the Dress Requirement. <br />B.“Minimum body areas” means one’s genitals, anus, or any portion of the areola or nipple of <br />the female breast, and at least one-half of the part of the female breast located below the top <br />of the areola, provided that the covered area shall be covered by opaque material and coverage <br />shall be contiguous to the areola (body paint is not “opaque material”); and the bottom half of <br />the anal cleft. ;the upper and lower body (breast/pectorals, stomach, back below the shoulder <br />blades, buttocks, top three inches of legs below the buttocks, pubic area and genitals). <br />C.“Quick-Service Facilities” (“Facility”) include coffee stands, fast food restaurants, delis, food <br />trucks, and coffee shops, as well as businesses that provide drive-thru forms of food and/or <br />beverage service, or are focused on quick service providing minimal or no table service. If an <br />owner owns or operates more than one Quick Service Facility within the City, each Facility shall <br />be treated as a separate business for the purpose of this Ordinance. <br />D. “Employee” means anyone working at a Quick Service Facility including the owner or any <br />person who agrees or contracts with the owner of a Quick Service Facility to operate the <br />business or work at the business, whether working as an employee or manager or other type of <br />agent including subcontractors and independent contractors. <br />E.“Owner” means the person that owns the Quick Service Facility from which the business