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169 (7) (8) (9) The proposed adult entertainment business is more than one hundred twenty-five (125) feet from the right-of-way line of any freeway or street designated as an arterial in the current circulation element of the general plan. This distance shall be measured along a straight line from the right of way line, as shown on the cLty's official map, to the parcel line of the proposed adult entertainment business, without regard to intervening structures. The distances set forth in subsections (1) through (6), above, shall be measured as a radius from the primary entrance of the proposed adult entertainment business to the property lines of the parcel so zoned or used, without regard to intervening structures. Any waiver of the provisions of this subsection shall be pursuant to the provisions of division I of article V of this chapter; provided, however, that any such application shall be reviewed and determined as provided in section 41-1705 of this Code. SECTION 27: This ordinance is considered for adoption at the same time as the zone ordinance amendment for banquet facilities, Ordinance No. NS-2445, and as such has been lettered accordingly. In the event sections or subsections of Ordinance No. NS- 2445 are deleted, modified or amended, the section or subsection numbers or letters of this ordinance shall be adjusted accordingly. SECTION 28: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordLnance. The City Council of the City of Santa Aha hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 29: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 18th dayof se[~te~,bcr ,2000. Ordinance No. NS-2446 Page 13 of 14