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2017/07/19 Council Agenda Packet
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2017/07/19 Council Agenda Packet
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9/6/2017 11:12:29 AM
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Council Agenda Packet
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7/19/2017
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1 � <br /> 3 <br /> 11. The City finds that it is not the intent of the City to suppress any protected rights of <br /> expression under the United States or Washington Constitutions,but to propose and enact <br /> content neutral legislation which addresses narrowly the negative adverse impacts associated <br /> Ah bikini barista stands while allowing these types of businesses adequate alternative channels <br /> for communication of protected expression; <br /> 12. The City finds that a licensing mechanism is needed to place more accountability and <br /> responsibility on the owners of businesses where the illegal conduct has occurred. Criminal <br /> provisions allow owners to avoid liability by pleading ignorance and game the system by <br /> creating a paper trail purporting to prohibit conduct while in fact encouraging that conduct by <br /> looking the other way and setting revenue expectations that implicitly encourage such conduct; <br /> 12.' The City finds that this Ordinance bears a substantial relation to public health,safety <br /> or'ivelfare and promotes the best long term interests of the Everett community; and <br /> Whereas,the City Council does conclude: <br /> 1. The evidence provided is clearly reliable and demonstrates that bikini barista stands <br /> ge-rierate significant adverse secondary effects; <br /> ' 2. This evidence supports the conclusion that the bikini barista stand model is-easily <br /> transitioned to other Quick Service Facilities type of business and, as such,it is appropriate and <br /> necessary to regulate these all the same; <br /> •3. The evidence supports the conclusion that the City has tried to regulate these <br /> businesses in a less restrictive manner which has proven unsuccessful and that imposing <br /> minimal dress requirements along with a licensing scheme placing responsibility for compliance <br /> primarily On the owner is reasonable and will both diminish the adverse secondary effects and <br /> improve the quality of living within the City; and <br /> 4. This ordinance is intended to protect Constitutional rights while addressing the <br /> adverse impacts these bikini barista stands have on the City; <br /> Now,therefore,the City of Everett does ordain: <br /> Section:lo • Intent&Purpose <br /> This Ordinance is intended to protect the general public health,safety and welfare of the <br /> citizenry of the city through the regulation of Quick Service Facilities.The regulations in this <br /> Ordinance are intended to prevent health and safety problems in and around Quick Service <br /> Facilities where employees work in various states of undress and to prevent dangerous and <br /> unlawful conduct in and around such locations. To accomplish these goals,this Ordinance <br /> adopts,certain minimum dress requirements and makes the business owners primarily <br /> responsible for enforcement. <br /> 14 <br />
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