(A) (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 said person or entity shall also have a drink license conferring the privilege of consumption on the premises or shall have a retail malt beverage license which permits on-premises consumption. Any licensee who intends to permit on-premises consumption shall, prior to permitting on-premises consumption, notify the Administrator in writing of this decision.
(2) A licensee who does not permit on-premises consumption shall post a prominent notice on the premises stating that consumption of alcoholic beverages on the premises is prohibited. 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 license under the provisions of KRS 244.050, or beer tastings as permitted in 804 KAR 11:030.
(B) 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) 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) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
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.
(Ord. 2014-03, passed 4-15-2014)