Ordinance 3560-17 - Laserfiche WebLink

D. Waiver if No Appeal Filed. The failure to file a timely and complete Notice of Appeal constitutes a waiver of all rights to an appeal under this Ordinance. Section 6. Expressive Activity. If any employee of a Quick Service Facility engages in expressive activities at the Quick Service Facility while out of compliance with the Dress Requirement, such activities shall be considered "adult entertainment" as that term is defined in EMC 5.120.020(A), and the owner and employee must comply with all requirements of chapter 5.120 EMC, subject to the exceptions found in EMC 5.120.090. Section 7. Codification. Sections 1-6 of this Ordinance shall be codified in Title 5 EMC as a new Chapter entitled Quick Service Facility- Dress Requirement and shall be considered a special license for purposes of Title 5, EMC. Section 8. Severability. Should any section, subsection, paragraph, sentence, clause, phrase, or portion of this Ordinance or its application to any person or situation,be declared unconstitutional, invalid for any reason, or preempted by state or federal law or regulations, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to any other persons or situations. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions be declared unconstitutional,invalid, or preempted. Section 9. General Duty. 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 specially protected or benefited by the terms of this Ordinance. It is the specific intent of this Ordinance that no provision or any term used in this Ordinance is intended to impose any duty whatsoever upon the City or any of its officers or employees. 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. Section 10. Savings. The enactment of this Ordinance shall not affect any case, proceeding, appeal, or other matter currently pending in any court or in any way modify any right or liability, civil or criminal,which may be in existence on the effective date of this Ordinance. 8