Ordinance 2659-02 - Laserfiche WebLink

A. The owner shall provide that, and one or more licensed managers shall ensure that he or she is located in a position so that all adult oriented entertainment on the premises is visible to a manager at all times. B. 1. Any owner or manager licensed under this chapter shall be accountable, responsible and liable as provided herein for the conduct of any employee whose standards of conduct are regulated by this chapter. 2. The licensed manager or owner shall not knowingly permit any employee as defined in this chapter, to violate any provisions of this chapter. 3. "Knowingly permit" for purposes of this section shall be defined as an owner or manager being aware of a fact, circumstance or result that is defined in this chapter as being unlawful and permitting that unlawful conduct to occur or failing to take reasonable steps to stop such conduct from continuing to occur. C. It is unlawful for a licensed owner or manager to fail to comply with any of the requirements of this section. A violation of this section shall be a misdemeanor with a maximum sentence of 90 days in jail and a$1000 fine. Section 2: Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Everett hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. Section 3: Third Party Liability It is expressly the purpose of this ordinance to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this ordinance. It is the specific intent of this ordinance that no provisions nor any term used in this ordinance is intended to impose any duty whatsoever upon the City or any of its officers or employees, for whom the implementation and enforcement of this ordinance shall be discretionary and not mandatory. Nothing contained in this ordinance is intended nor shall be construed to create or form the basis of any liability on the part of the City, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the City related in any manner to the enforcement of this ordinance by its officers, employees or agents.