(A) Consumption at package store prohibited.
(1) No licensee of a package store, whether trafficking in distilled spirits, wine or malt beverages, shall permit consumption of alcoholic beverages on the premises unless it also holds the appropriate drink license. The licensee shall post a prominent notice on the premises stating that consumption of alcoholic beverages on premises is prohibited.
(2) This restriction regarding on premises consumption shall not prohibit sampling as allowed for microbreweries and wineries under the provisions of KRS Ch. 243, or where sampling is permitted for a retail distilled spirits and wine licensee under the provisions of KRS 244.050, or beer tastings as permitted in 804 KAR 11:030.
(B) Habitual congregating.
(1) Definitions. In addition to the definitions contained in KRS Ch. 241 to 244, as used in this subchapter, 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, passers-by 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.
(2) 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.
(3) 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.
(C) Sign. It shall be a defense to any prosecution under § 112.084 of this chapter, if a licensed vendor or property owner shall permit the city of 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. 2018-04, passed 5-29-2018) Penalty, see § 112.999