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Section 3: Section entitled Special Regulations for Zoning Code Table # 5.2 of <br /> Ordinance No. 1671-89, as amended, (Chapter 19.05 EMC) Special Note 17 which <br /> reads as follows: <br /> (17) A tavern or nightclub with live music and/or dancing is not permitted within one <br /> hundred feet of lots located in residential zones. <br /> is hereby amended to read as follows: <br /> (17) A tavern or nightclub with live music and/or dancing is not permitted within <br /> one hundred feet of lots located in residential zones. <br /> (A) The following regulations shall apply to mini-casinos: <br /> 1) The space devoted to gambling and gaming activity and support services <br /> (i.e., security) shall not be more than 8,000 square feet. Other incidental <br /> uses such as restaurant or nightclub uses shall not be restricted by the <br /> 8,000 square feet limitation if no gambling or gaming activity occurs within <br /> such space. <br /> 2) It shall be located in: <br /> a. a free standing building; or <br /> b. a unit in a larger development provided that the mini-casino is <br /> separated from all other uses by a lobby or similar open space or <br /> common area from adjacent units in the development, and that there <br /> are no other mini-casinos located within 600 feet of the exterior walls <br /> of the building in which the mini-casino is located. <br /> 3) Mini-casinos shall not be permitted in the C-1 R zoned area located east of <br /> Colby Avenue, north of 44th Street and south of 40th Street. <br /> Section 4. That should any section, subsection, paragraph, sentence clause or <br /> phrase set forth in this ordinance or its application to any person or situation be <br /> declared unconstitutional or invalid for any reason, such decision shall not affect the <br /> validity of the remaining portions of this ordinance or its application to any other person <br /> or situation. The City Council of the City of Everett hereby declares that it would have <br /> adopted this ordinance and each section, subsection, sentence, clause, phrase or <br /> portion thereof irrespective of the fact that any one or more sections, subsections, <br /> sentences, clauses, phrases or portions be declared invalid or unconstitutional. <br /> Section 5. It is expressly the purpose of this ordinance to provide for and promote the <br /> health, safety and welfare of the general public and not to create or otherwise establish <br /> or designate any particular class or group of persons who will or should be especially <br /> protected or benefited by the terms of this ordinance. <br /> It is the specific intent of this ordinance that no provisions nor any term used in this <br /> ordinance is intended to impose any duty whatsoever upon the City or any of its officers <br /> or employees. <br /> 4 <br />