(1) No person or entity operating a package liquor store shall knowingly allow or permit habitual congregating of persons on the unenclosed portion of the licensed premises so as to constitute a public nuisance.
(2) 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.
(3) No persons shall congregate for the purposes, under the circumstances, or in the places proscribed in subsections (1) and (2) of this section.
(4) It shall be a defense to any prosecution under subsection (1) or (2) if such licensed vendor or property owner shall permit the division of police to post and maintain a legible, painted or printed sign in at least two (2) separate prominent places in such area, in letters of not less than three (3) inches in height, stating that congregating of persons is prohibited and that violators shall be prosecuted for trespass pursuant to KRS 511.080.
(5) As used in this section, the term:
(a) Habitual shall mean consistent, that is, by frequent practice or use, but not necessarily constant or exclusive;
(b) Package liquor store shall mean a retail establishment selling distilled spirits, wine and/or malt beverages in package containers pursuant to licenses issued for those purposes;
(c) Public nuisance shall mean 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; and
(d) Vacant property shall mean 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.
(Ord. No. 74-88, § 1, 4-21-88; Ord. No. 104-2023, § 1, 9-28-23)