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accessory use to any existing use. Establishing such uses is prohibited during the <br /> moratorium. No new applications for building permits or land use applications, or any <br /> other permits or approvals including, but not limited to, business license, associated with <br /> such uses shall be accepted during the effective period of this moratorium, no pending <br /> applications shall be processed further during the effective period of this moratorium, and <br /> no permits shall be issued or approvals granted during the effective period of this <br /> moratorium. For purposes of this Ordinance, "adult retail business use" means an <br /> enclosed building or other business premises which, for money or any other form of <br /> 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;" and <br /> "adult oriented merchandise means any goods, products, commodities, or other wares, <br /> including but not limited to videos, CD ROMS, DVDs computer disks or other storage <br /> devices, magazines, books, pamphlets, posters cards, periodicals or non-clothing <br /> novelties which depict, describe or simulate any of those specified anatomical areas <br /> referenced in EMC 5.120.020(A), those specified sexual activities referenced in EMC <br /> 5.128.010(B)(1) and/or that sexual conduct defined in EMC 5.128.010(L). <br /> Section 3. Term. The moratorium established by this Ordinance shall <br /> terminate six months after passage unless earlier repealed or renewed according to law. <br /> Section 4. Severability. Should any section, paragraph, clause or phrase of <br /> this Ordinance, or its application to any person or circumstances, be declared <br /> unconstitutional or otherwise invalid for any reason, or should any portion of this <br /> Ordinance be pre-empt by state of federal law or regulations, such decision or pre- <br /> emption shall not affect the validity of the remaining portions of this Ordinance or its <br /> application of other persons or circumstances. <br /> Section 5. Enforcement. Violations of this Ordinance are punishable under <br /> Everett Municipal Code, Chapters 1.16 and 1.20, and as otherwise provided by law and in <br /> Everett Municipal Code 1.20.020, are subject to injunctive and other forms of civil relief <br /> which the City may seek. <br /> 3 <br />