(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 the 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 Chapter 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 Chapters 241 to 244, as used in this subchapter, the following terms are defined as follows.
(a) HABITUAL. Consistent, that is, by frequent practice or use, but not necessarily constant or exclusive.
(b) PACKAGE LIQUOR STORE. A retail establishment selling distilled spirits, wine, and malt beverages in package containers pursuant to licenses issued for those purposes.
(c) 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.
(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.
(Ord. passed 11-14-2016) Penalty, see § 114.999