Nicholasville, KY Public Conduct: Loitering Rules (2026)

Sec. 3-93 sits in Article VII of Chapter 3 (Alcoholic Beverages) and was enacted by Ord. No. 860-2013 on 4-24-13. It does not make it a crime for an individual to stand somewhere. It places a duty on two kinds of property controller. Under subsection (a), a person or entity operating a package liquor store, whether trafficking in distilled spirits, wine or malt beverages, including retail package beer licensees, cannot knowingly allow or permit habitual congregating of persons on the unenclosed portion of the licensed premises so as to constitute a public nuisance. Under subsection (b), the owner of any vacant property, or anyone otherwise in possession or control of it, is held to the same standard.

Sec. 3-94 supplies the definitions. 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. 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.

Subsection (c) gives a defense. A licensed vendor or property owner who permits the city to post and maintain a legible, painted or printed sign in at least two (2) separate prominent places in the 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, has a defense to prosecution. As printed, the defense refers to a prosecution under Article VIII, the chapter's enforcement article. Sec. 3-101 authorizes city police officers and the city ABC administrator and investigator(s) to enforce the chapter. Sec. 3-91 is the companion rule: a package store licensee cannot permit consumption of alcoholic beverages on the premises and must post a prominent notice saying so.