| 1  						ORDINANCE NO.  V   ',0       /
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<br />  					AN ORDINANCE amending Chapter 2, Section 1 of Ordinance No. 295-74;
<br />       		3    			repealing  Chapter  2,  Section  3  of  Ordinance  No.  295-74;  and
<br />     						amending Ordinance No. 518-78.
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<br />      		6  		WHEREAS, State law supersedes the regulation of certain gambling activities by
<br />      		7	municipal corporations; and
<br />      		8  		WHEREAS, Ordinance No. 295-74, Chapter 2, Section 3  [codified in the Everett
<br />      		9	Municipal Code as EMC 5.08.030]  and Ordinance No. 518-78  [codified as EMC 5.102]
<br />     		10       both  provide  for  the  licensing  and  regulation  of  carnivals,  circuses,  and  related
<br />     		11	activities; and
<br />     		12  		WHEREAS, certain provisions of Ordinance No. 295-74, Chapter 2, Section 3 and
<br />     		13	Ordinance No. 518-78 contain repetitious and inconsistent provisions;
<br />     		14  		NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN:
<br />     		15  		Section 1:      That Ordinance No.  295-74, Chapter  2, Section 1, which reads as
<br />     		16       follows:
<br />     		17
<br />  					It is unlawful for any person to open, operate, conduct, manage, maintain
<br />     		18 		or control or be in any manner connected with the opening, operating,
<br />  					conducting, management, maintenance or control of any place of amuse-
<br />     		19 		ment,  entertainment  or  exhibition  of  the  character  specified  in  this
<br />  					chapter when the same is conducted for the purpose of profit, direct or
<br />     		20 		indirect, and is open to the public, without a valid and subsisting license,
<br />  					to be known as an "amusement license."
<br />     		21
<br />     		22       is hereby amended to read as follows:
<br />     		23
<br />  					It is unlawful for any person to open, operate, conduct, manage, maintain
<br />     		24 		or control or be in any manner  connected with the opening, operating,
<br />  					conducting, management, maintenance or control of any place of amuse-
<br />     		25 		ment,  entertainment  or  exhibition  of  the  character  specified  in  this
<br />  					chapter when the same is conducted for the purpose of profit, direct or
<br />     		26 		indirect, and is open to the public, without a valid and subsisting license,
<br />  					to be known as an "amusement license."  PROVIDED, that no license shall
<br />     		27 		be required for the operation of any place of amusement entertainment or
<br />  					exhibition  of  the  character  specified  in  this  chapter  if  the  exclusive
<br />     		28 		activities allowed are those governed by RCW 9.46.285.
<br />     		29 		Section 2:      That Ordinance No. 295-74, Chapter 2, Section 3, which reads as
<br />     		30       follows:
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