Jessamine County, KY Public Conduct: Loitering Rules (2026)

Section 111.103 is the county's loitering-style rule, and it is narrow. It does not ban standing around in public. It targets two places: the unenclosed portion of a package liquor store's premises, which covers sellers of distilled spirits, wine and malt beverages as well as retail package beer licensees, and vacant property adjacent to a licensed premise. Divisions (A) and (B) put the duty on the operator, owner or other person in possession or control, and each requires that the person knowingly allow or permit the congregating. Division (C) reaches the congregators themselves: no persons shall congregate for the purposes, under the circumstances, or in the places described in (A) and (B).

Two definitions in § 111.100 set the threshold. HABITUAL means consistent, that is, by frequent practice or use, but not necessarily constant or exclusive. PUBLIC NUISANCE means 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. The congregating therefore has to be repeated and has to reach the level of a nuisance before the section applies. VACANT PROPERTY means 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.

Division (D) gives vendors and owners a defense. If the licensed vendor or property owner permits the Local Administrator to post and maintain a legible, painted or printed sign in at least two separate prominent places in the area, in letters of not less than three inches in height, stating that congregating of persons is prohibited and that violators shall be prosecuted for trespass pursuant to KRS 511.080, that is a defense to prosecution under divisions (A) and (B). Under § 111.125, the Sheriff, Deputy Sheriffs, City of Wilmore Police and the Local ABC Administrator are authorized to enforce Chapter 111.