2005/06/15 Council Agenda Packet

J 5. thirty percent or more of the store's stock in trade. In no event shall a retailer whose transactions only incidentally or marginally relate to adult-oriented merchandise be considered an adult retail use establishment. "Adult-oriented merchandise" means any goods, products, commodities, or other ware, including but not limited to, videos, CD ROMs, DVDs, computer disks or other storage devices, magazines, books, pamphlets, posters, cards, periodicals or non -clothing novelties which depict, describe or simulate specified anatomical areas, or specified sexual activities, ad defined in EMC 19.04. Section 4: Section 2 of this Ordinance shall be codified as a new section in the Everett Municipal Code, Section 19.39.024 EMC, Adult Retail Business regulations. Section 5: Savings. Should any section, paragraph, clause or phrase of this Ordinance, or its application to any person or circumstances, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be pre- empted by State or Federal law or regulations, such decision or pre-emption shall not affect the validity of the remaining portions of this Ordinance or its application of other persons or circumstances. Section 6: Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this Ordinance. 92