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This chapter and each section and provision of this chapter, are hereby declared to be independent sections and subsections and, notwithstanding any other evidence of legislative intent, the Council of the Village of Marblehead, by adoption of the legislation containing this section, hereby states that it is the controlling legislative intent that if any provisions of said chapter, or the application thereof to any person or circumstance, is held to be invalid, the remaining sections or provisions and the application of such sections and provisions to any person or circumstances other than those to which it is held invalid, shall not be affected thereby, and it is hereby declared that such sections and provisions would have been passed independently if such section or provision were so known to be invalid. The adoption of this chapter in a single legislative act is merely for convenience. This Council intends that each and every separate part hereof be severable so as to leave in effect as much of this chapter as is not found invalid so as to provide as much benefit to its citizens as possible while still protecting the rights guaranteed under the First Amendment of the Constitution. The village further states that the dispersal requirement, the location requirement, the permitting process, for each type of sexually oriented business, permitting process for employees, permitting process for independent contractors, regulation of permit transfers, regulation of exhibition of sexually explicit films or videos in video booths, standards of conduct and operation applicable to adult cabarets, regulations regarding minors, advertising and lighting regulations, regulation of hours of operation and prohibition of nudity at sexually oriented businesses are each intended as separate and severable regulations of the village which would, and could, have been adopted as separate legislative acts.
(Ord. 19, 2008, passed 1-22-2009)