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5. thirty percent or more of the store's stock in trade. <br /> In no event shall a retailer whose transactions only incidentally or <br /> marginally relate to adult-oriented merchandise be considered an <br /> adult retail use establishment. <br /> "Adult-oriented merchandise" means any goods, products, commodities, or other <br /> ware, including but not limited to, videos, CD ROMs, DVDs, computer disks or <br /> other storage devices, magazines, books, pamphlets, posters, cards, periodicals or <br /> non-clothing novelties which depict, describe or simulate specified anatomical <br /> areas, or specified sexual activities, ad defined in EMC 19.04. <br /> Section 4: Section 2 of this Ordinance shall be codified as a new section in the <br /> Everett Municipal Code, Section 19.39.024 EMC, Adult Retail Business <br /> regulations. <br /> Section 5: Savings. <br /> Should any section, paragraph, clause or phrase of this Ordinance, or its <br /> application to any person or circumstances, be declared unconstitutional or <br /> otherwise invalid for any reason, or should any portion of this Ordinance be pre- <br /> empted by State or Federal law or regulations, such decision or pre-emption shall <br /> not affect the validity of the remaining portions of this Ordinance or its <br /> application of other persons or circumstances. <br /> Section 6: Severability. <br /> If any section, subsection, sentence, clause, phrase or word of this Ordinance <br /> should be held to be invalid or unconstitutional by a court of competent <br /> jurisdiction, such invalidity or unconstitutionality thereof shall not affect the <br /> validity or constitutionality of any other section, subsection, sentence, clause, <br /> phrase or word of this Ordinance. <br />