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1 ORDINANCE NO. V ',0 / <br /> 2 <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. <br /> 4 <br /> 5 <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: <br /> 31 <br /> 32 <br />