(A) Definitions. In addition to the definitions contained in KRS Chapters 241 through 244, as used in this chapter, the following terms are defined as follows:
HABITUAL. Consistent, that is, by frequent practice or use, but not necessarily constant or exclusive.
PACKAGE LIQUOR STORE. A retail establishment selling distilled spirits, wine and malt beverages in package containers pursuant to licenses issued for those purposes.
PUBLIC NUISANCE. Any activity that endangers or interferes with the general use and enjoyment of neighboring property, passersby or the health, safety and welfare of the public.
VACANT PROPERTY. A vacant lot on which no building or other structure exists or property on which any structure is unoccupied or unused, or which otherwise reflects abandonment by the owner or person with the right of occupancy.
(B) Licensed premises. No person or entity operating a package liquor store, whether trafficking in distilled spirits, wine or malt beverages, including retail package beer licensees, shall knowingly allow or permit habitual congregating of persons on the unenclosed portion of the licensed premises so as to constitute a public nuisance.
(C) Vacant property. No person or entity, being the owner or otherwise in possession or control of any vacant property, shall knowingly allow or permit habitual congregating of persons on the unenclosed portion of such property so as to constitute a public nuisance.
(D) It shall be a defense to any prosecution under this subchapter, if a licensed vendor or property owner shall permit the city to post and maintain a legible, painted or printed sign in at least two separate prominent places in such area, in letters of not less than three inches in height, stating that congregating of persons in prohibited and that violators shall be prosecuted for trespass pursuant to KRS 511.080.
(Ord. 16-08, passed 11-21-2016; Am. Ord. 20-04, passed 8-17-2020)