§ 17-1-101. LOITERING ON OR ABOUT COMMERCIAL PREMISES.

(a)

Definitions.

(1)

In this section, the following words have the meanings indicated.

(2)

(i)

"Commercial premises" means a business premises operating for profit or a place of amusement or entertainment that is open to the general public.

(ii)

"Commercial premises" includes a parking lot adjacent to or connected with a commercial premises.

(3)

(i)

"Loiter" means to idle, stand, remain, or tarry, alone or as part of a group of individuals, on a commercial premises without conducting any lawful business with the owner or operator of the commercial premises.

(ii)

"Loiter" includes remaining on a commercial premises for an unreasonable amount of time after conducting lawful business with the owner or operator.

(b)

Prohibited - Generally. A person may not loiter on or about a commercial premises during ordinary business hours if:

(1)

The owner, operator, or authorized agent of the commercial premises has requested the person to leave the commercial premises; and

(2)

A police officer has directed the person to leave the commercial premises.

(c)

Same - After hours. Except if consent has been granted by the owner, operator, or authorized agent of a commercial premises, a person may not loiter within 250 feet of the exterior entrance of a commercial premises, including a bar, tavern, restaurant, package goods store, game room, or arcade, after:

(1)

The commercial premises has been closed for business purposes; and

(2)

A police officer has requested the person to leave.

(d)

Limitation. This section may not be construed to prevent orderly picketing or other lawful assembly.

(e)

Penalty. A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine of $100 or imprisonment for 10 days or both.

(1988 Code, § 20-1) (Bill No. 114-99, § 3, 7-1-2004)