It is the purpose of this chapter to establish reasonable and uniform regulations to prevent the concentration of adult entertainment establishments, as defined in this chapter, within the city of Lemon Grove. These regulations are intended to prevent problems of blight and deterioration which accompany and are brought about by the concentration of adult entertainment establishments.
The following words and phrases are specifically defined to apply to the regulations of this chapter. Where words are not defined here or elsewhere in the municipal code, their common meanings shall apply.
"Adult bookstore"
means an establishment that devotes more than fifteen percent of the total floor area utilized for the display of books and periodicals to the display and sale of the following:
1. 
Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records, or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specific sexual activities or specified anatomical areas; or
2. 
Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
An adult bookstore does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock-in-trade and does not devote more than fifteen percent of the total floor area of the establishment to the sale of books and periodicals.
"Adult cabaret"
means a nightclub, bar, theater, restaurant or similar establishment which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas and/or which regularly features films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.
"Adult drive-in theater"
means an open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats, and presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.
"Adult hotel" or "motel"
means a hotel, motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmission, films, motion pictures, video cassettes, slides or other photographic reproductions or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.
"Adult mini-motion picture theater"
means an establishment, with a capacity of more than five but less than fifty persons, where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.
"Adult model studio"
means any establishment open to the public where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons, other than the proprietor, paying such consideration or gratuity. This provision shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation or institution which meets the requirements established in the Education Code of the state of California for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma.
"Adult motion picture arcade"
means any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
"Adult motion picture theater"
means an establishment, with a capacity of fifty or more persons, where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical area for observation by patrons.
"Adult theater"
means a theater, concert hall, auditorium or similar establishment, either indoor or outdoor in nature, which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical area for observation by patrons.
Anatomical areas.
See "Specified anatomical areas" (Section 18.28.030(A)).
"Body painting studio"
means any establishment or business which provides the services of applying paint or other substances, whether transparent or nontransparent to or on the human body when such body is wholly or partially nude in terms of specified anatomical areas.
Bookstore.
See "Adult bookstore" and "General bookstore."
Cabaret.
See "Adult cabaret."
"Church"
means an institution which people regularly attend to participate in or hold religious services, meetings and other activities. The term "church" shall not carry a secular connotation, and shall include buildings in which the religious services of any denomination are held.
Drive-In Theater.
See "Adult drive-in theater."
"General bookstore"
means an establishment engaged in the buying, selling and/or trading of new and/or used books, manuscripts and periodicals of general interest. A general bookstore does not include an establishment that is encompassed by the definition of adult bookstore.
"General motion picture theater"
means a building or part of a building intended to be used for the specific purposes of presenting entertainment as defined herein, or displaying motion pictures, slides, or closed circuit television pictures before an individual or assemblage of persons, whether such assemblage be of a public, restricted or private nature, except a home or private dwelling; where no fee, by way of an admission charge, is charged; provided, however, that any such presentations are not distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical area in that any such depiction or description is only incidental to the plot or story line. A general motion picture theater does not include any establishment that is defined by adult motion picture theater, adult mini-motion picture theater, adult motion picture arcade, or adult drive-in theater.
"Legitimate or live theater"
means a theater, concert hall, auditorium or similar establishment which, for any fee or consideration, regularly features live performances which are not distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas in that any such depiction or description is only incidental to the primary purpose of the performance.
Motion Picture Theater.
See "General motion picture theater."
"Public playground/park/recreational area"
means an area to which the public and particularly children, come to participate in athletic or recreational activities whether or not such activities are supervised or organized. Such areas include, but are not limited to, publicly owned and maintained parks, community gardens, athletic fields, playgrounds, and picnic areas.
"School"
means an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, or any special institution of learning under the jurisdiction of the State Department of Education, but it does not include a vocational or professional institution or an institution of higher education, including a community or junior college, college or university
"Sexual encounter establishment"
means an establishment, other than a hotel, motel or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or persons may congregate, associate or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state of California engages in sexual therapy.
Sexual activities.
See "Specified sexual activities" (Section 18.28.030(B)).
(Ord. 422, 2014; Ord. 464 § 5, 2023)
The following expressions shall be interpreted according to the specific and detailed meanings provided.
A. 
"Specified anatomical areas" means:
1. 
Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the aureole; or
2. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
B. 
"Specified sexual activities" means:
1. 
The fondling or other touching of human genitals, pubic region, buttocks, anus, or female breasts; or
2. 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or
3. 
Masturbation, actual or simulated; or
4. 
Excretory function as part of or in connection with any of the activities set forth in subsections (B)(1) through (3) of this section.
C. 
"Establishing an adult entertainment establishment" means:
1. 
The opening or commencement of any such establishment as a new establishment; or
2. 
The conversion of an existing establishment, whether or not an adult entertainment establishment, to any of the adult entertainment establishments defined herein; or
3. 
The addition of any of the adult entertainment establishments defined herein to any other existing adult entertainment establishment; or
4. 
The relocation of any such establishment.
D. 
"Transfer of ownership or control" means:
1. 
The sale, lease or sublease of such establishment; or
2. 
The transfer of securities which constitute a controlling interest in such establishment, whether by sale, exchange or similar means; or
3. 
The establishment of a trust, gift or other similar legal device which transfers the ownership or control of such establishment, except for transfer by bequest or other operation of law upon the death of the person possessing such ownership or control.
For the purpose of this chapter, the following activities as defined in this chapter shall be deemed adult entertainment: adult arcade; adult bookstore; adult cabaret; adult drive-in theater; adult mini-motion picture theater; adult model studio; adult motel; adult motion picture theater; adult theater; body painting studio; sexual encounter establishment; plus any other business which involves specified sexual activities or the display of specified anatomical areas.
(Ord. 464 § 6, 2023)
A. 
Zone. Adult entertainment establishments which are enumerated in Section 18.28.040 may be established only within the general commercial zone.
B. 
Site. No adult entertainment establishment shall be permitted within one thousand feet of another such business, within five hundred feet of any area zoned for residential use, or within six hundred feet of any church, school, public playground, park or recreational area.
Distance without regard to intervening structures, shall be:
A. 
A straight line measured from the closest exterior structural wall of any two adult entertainment establishments.
B. 
A straight line measured from the closest exterior structural wall of the adult entertainment establishment to the closest property line of a church, school, public playground, park, recreational area, or residential zone.
No person shall cause or permit the establishment, substantial enlargement or transfer of ownership or control of any adult entertainment establishment without first obtaining an administrative permit therefor pursuant to the administrative permit procedure from the chief of police for the city of Lemon Grove or other person or agency designated by the Lemon Grove city council as the administering agency. An application for such permit may be made where authorized by the applicable use regulations and shall be acted upon in accordance with the standards for location as specified in Section 18.28.050.
The premises of all adult entertainment businesses hereafter commenced shall, in addition to compliance with all other applicable requirements of the city of Lemon Grove zoning ordinance, be required to comply with the following specific requirements.
A. 
Signs. Except for theater marquee signs, changeable copy signs, temporary signs and small permanent signs are not permitted. All signs shall be subject to review and approval by the planning commission.
B. 
Exterior Painting. Buildings and structures shall not be painted or surfaced with garish colors or textures or any design that would simulate a sign or advertising message.
C. 
Advertisements, displays of merchandise, signs, or any other exhibit depicting adult entertainment activities placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such buildings or premises.
D. 
No outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to an adult entertainment use is allowed.
E. 
Upon order of the city manager, graffiti appearing on any exterior surface of a building or premises, which graffiti is in public view, shall be removed and the surface shall be restored within seventy-two hours of notification to the owner or person in charge of the premises.
A. 
A person possessing ownership or control of an adult entertainment establishment which does not comply with the standards for location pursuant to Section 18.28.050 on the effective date of the ordinance codified in this chapter, shall be permitted to transfer such ownership or control before January 1, 1983. The person acquiring such ownership or control, however, shall be required to discontinue the adult entertainment business within five years from the date of the transfer of ownership or control if such establishment does not comply with Section 18.28.050, Permitted locations.
B. 
A person possessing ownership or control of an adult entertainment establishment which meets the standards for location as specified in Section 18.28.050, shall be subject to the provisions of subsection A of this section when a church, school, public playground, park or recreation area, as defined by this chapter is established within six hundred feet of such adult entertainment establishment. Two years shall be permitted to utilize the transfer provisions of subsection A of this section, beginning on the date on which the church, school, public playground, park or recreational area begins operation.