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Chapter 19.04 EMC, Definitions Page 33 of 55 <br />The Everett Municipal Code is current through Ordinance 4031-24, passed May 22, 2024. <br />business. It is presumed that such adult-oriented merchandise accounts for any one or more of <br />the following: <br />1. Thirty percent or more of the retail dollar value of gross sales over any quarterly period; <br />2. Thirty percent or more of the floor area of the store open to the public; <br />3. Thirty percent or more of the retail dollar value of all merchandise displayed in the <br />store; <br />4. Thirty percent or more of the store’s inventory (whether measured by retail dollar value <br />or number of items); or <br />5. Thirty percent or more of the store’s stock in trade. <br />In no event shall a retailer whose transactions only incidentally or marginally relate to <br />adult-oriented merchandise be considered an adult retail use establishment. <br />“Adult use business” means any live adult entertainment establishment, adult panoram <br />establishment, adult motion picture and adult mini theater, or any establishment which <br />provides one or more of the activities listed herein even if only a portion of the establishment is <br />dedicated to one or more of the activities listed herein. <br />“Agricultural activities” means those activities conducted on lands defined in RCW 84.34.020(2), <br />and those activities involved in the production of crops or livestock, for example, the operation <br />and maintenance of farm and stock ponds or drainage ditches, operation and maintenance of <br />ditches, irrigation drainage ditches, changes between agricultural activities and normal <br />maintenance, repair or operation of existing serviceable structures, facilities or improved areas. <br />Activities which bring an area into agricultural use are not part of an ongoing operation. An <br />operation ceases to be ongoing when the area on which it is conducted is converted to a <br />nonagricultural use or has lain idle for more than five years, unless the idle land is registered in <br />a federal or state soils conservation program, or unless the activity is maintenance of irrigation <br />ditches, laterals, canals or drainage ditches related to an existing and ongoing agricultural <br />activity. Forest practices are not included in this definition. <br />“Agricultural industries” means industrial processing of agricultural products, excluding <br />breweries or wineries.