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Jessamine County, KY Special Events & Permits: Sidewalk Dining & Cafés (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Sections
Jessamine County Code §§ 111.160 to 111.163
Who issues
Local ABC Administrator
Eligible applicants
Restaurants with a Health Department kitchen license
Permit term
Not more than 12 months, renewable by new application
Sidewalk clearance
Minimum 36 inches at all times
Revocation
Two or more nuisance violations; one year before reapplying

Summary

Under the Jessamine County, Kentucky, Fiscal Court's alcoholic beverage chapter, a licensed restaurant in the Downtown Business District can ask the ABC Administrator for a seasonal sidewalk cafe permit. Section 111.162 sets the conditions: 36 inches of clear sidewalk, no amplified sound, no dancing, no disposable cups, and revocation after two nuisance violations.

These county ordinances apply to unincorporated areas of Jessamine County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

§ 111.162 CONDITIONS FOR SIDEWALK CAFE PERMIT. ... The permit will also be revoked if the food establishment has two or more violations of the nuisance ordinance found in County of Jessamine Code of Ordinances. If the permit is revoked, the owner of the food establishment shall not be eligible to reapply until one year has passed from the date of the permit revocation: (A) No sidewalk cafe shall be permitted in any portion of the public sidewalk where normal pedestrian traffic flow is obstructed. A minimum clearance width of 36 inches must be maintained on the public sidewalk at all times. The sidewalk cafe shall not be permitted in any manner to obstruct the entrance/exit to the restaurant; ... (E) No disposable cups or drinking vessels may be used and the licensee shall not permit any alcoholic beverages to be taken off premises by patrons, customers or guests; (F) No amplified sound shall be used within a sidewalk cafe. At no time shall any music originating from any part of the premises create a nuisance; (G) Dancing shall not be permitted or allowed in the sidewalk cafe; ... (I) The permit for sidewalk cafe may not be reassigned or transferred.

Full Breakdown

A sidewalk cafe is an exception to the county's patio rule. Under § 111.160, outdoor alcohol sales are allowed only on premises licensed for sales by the drink, and only in a clearly defined area enclosed by a fence or other screening not less than four feet in height. Section 111.161 lets licensees in the Downtown Business District request an exception for seasonal and temporary sidewalk cafes, which are deemed part of the licensed premises. Tables and seating cannot sit on public sidewalks on a continuous basis from November 1 through February 28, although they can be placed intermittently when appropriate weather occurs.

Only a restaurant qualifies, defined as a food establishment with a kitchen licensed by the Jessamine County Health Department that also holds a license under the chapter and the State ABC Code. It can expand onto only that part of the public sidewalk immediately adjoining the licensed premises. Licensees who do not serve food are not eligible. A permit is valid for not more than 12 months at a time and renewal takes a new application. The ABC Administrator can issue it on four findings: the applicant is licensed, complies with the license conditions, holds all building and use permits including the Zoning Administrator's certification and the kitchen license, and the permit would not cause significant adverse land use impacts.

Section 111.162 then sets the operating conditions. A minimum clearance width of 36 inches must stay open on the sidewalk at all times, and the entrance and exit cannot be blocked. Furnishings other than plant tubs come in at the end of each business day at the hour stated in the permit, and everything stays inside the approved area. Public improvements such as trees, light poles, traffic signals, pull boxes and manholes take precedence. Alcohol goes only to patrons of age, with no disposable cups and no takeaway. No amplified sound, no dancing, and the permit cannot be reassigned or transferred. Under § 111.163 the permit is not effective until the licensee files evidence of liability insurance in an amount set by the Fiscal Court, naming the county as additional insured, with a policy that cannot be canceled except on ten days written notice or more.

Violations & Fines

The ABC Administrator can withdraw approval or revoke the permit if a condition is violated or a federal, state or county or city law is broken, and the permit is revoked after two or more violations of the county nuisance ordinance. The owner then cannot reapply until one year has passed. Section 111.999 adds criminal prosecution in Jessamine District Court, KRS 243.480 penalties assessed by the Local ABC Administrator, and first-offense fines of $100 to $200, with fines of $200 to $500 for repeat violations.

Frequently Asked Questions

Who can get a sidewalk cafe permit in Jessamine County?
Section 111.161 limits permits to a food establishment that operates a restaurant, meaning a kitchen licensed by the Jessamine County Health Department, and is licensed under the county chapter and the State ABC Code. Licensees who do not serve food are not eligible. The expansion covers only the part of the public sidewalk that immediately adjoins the licensed premises.
How wide must the sidewalk stay open?
Section 111.162(A) requires a minimum clearance width of 36 inches on the public sidewalk at all times. No sidewalk cafe is permitted where normal pedestrian traffic flow is obstructed, and the cafe cannot obstruct the entrance or exit to the restaurant. Public improvements such as trees, light poles and manholes take precedence over the cafe at all times.
Can a sidewalk cafe play music or have dancing?
Amplified sound is banned inside a sidewalk cafe under § 111.162(F), and music from any part of the premises cannot create a nuisance. Dancing is not permitted or allowed in the sidewalk cafe under division (G). Two or more violations of the county nuisance ordinance by the food establishment also trigger revocation of the permit.
What insurance does the county require?
Under § 111.163, no sidewalk cafe permit is effective until the licensee files evidence of liability insurance with the ABC Administrator in an amount established by the Jessamine County Fiscal Court. The county must be named an additional insured, and the policy cannot be canceled except upon ten days written notice or more filed with the ABC Administrator.

Sources & Official References

Other rules in Jessamine County

All Jessamine County rules

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