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.
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"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.
"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."
"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.
"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.
"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.
(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)
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.