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Chapter 19.04 EMC, Definitions Page 32 of 55
<br />The Everett Municipal Code is current through Ordinance 4031-24, passed May 22, 2024.
<br />emphasis on the depiction, description, simulation or relation to the following sexual
<br />activities:
<br />a. Human genitals in a state of sexual stimulation or arousal;
<br />b. Acts of human masturbation, sexual intercourse or sodomy; or
<br />c. Fondling or other erotic touching of human genitals, pubic region, buttocks or
<br />female breast; or
<br />2. Any exhibition, performance or dance which is intended to sexually stimulate any
<br />member of the public and which is conducted on a regular basis or as a substantial part of
<br />the premises’ activity. This includes, but is not limited to, any such exhibition, performance
<br />or dance performed for, arranged with or engaged in with fewer than all members of the
<br />public on the premises at the time, with separate consideration paid, either directly or
<br />indirectly, for such performance, exhibition or dance and which is commonly referred to as
<br />table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle
<br />dancing.
<br />“Adult-oriented merchandise” means any goods, products, commodities, or other ware,
<br />including, but not limited to, videos, CD ROMs, DVDs, computer disks or other storage devices,
<br />magazines, books, pamphlets, posters, cards, periodicals or nonclothing novelties which depict,
<br />describe or simulate specified anatomical areas, or specified sexual activities, as defined in this
<br />chapter.
<br />“Adult panoram establishment” means any building or portion of a building which contains
<br />device(s) which for payment of a fee, membership fee or other charge is used to exhibit or
<br />display a picture, view or other graphic display distinguished or characterized by emphasis on
<br />matter depicting, describing or relating to “specified sexual activities” or “specified anatomical
<br />areas” as defined herein for observation by patrons therein.
<br />“Adult retail” means an enclosed building or any portion thereof which, for money or any other
<br />form of consideration, devotes a significant or substantial portion of stock in trade to the sale,
<br />exchange, rental, loan, trade, transfer or viewing of “adult-oriented merchandise.” For purposes
<br />of this definition, a retail establishment devotes a significant or substantial portion of its stock
<br />in trade to adult-oriented merchandise if the sale, exchange, rental, loan, trade, transfer or
<br />viewing of such adult-oriented merchandise is clearly material to the economic viability of the
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