§ 23-101. Short title.

This act may be cited as the “Idaho Liquor Act.”

History.

1939, ch. 222, § 101, p. 465.

§ 23-102. Purpose of act.

This act is passed in the exercise of the police power of the state. It is not designed to abridge the personal privilege of a responsible adult to consume alcoholic liquor as a beverage, except in cases of the abuse of that privilege to the detriment of others. The public interest requires that traffic in alcoholic liquor be regulated and controlled by the state, through the medium of a state liquor division vested with exclusive authority to import and sell such liquor, with certain exceptions, which are subject to its regulation.

History.

1939, ch. 222, § 102, p. 465; am. 2009, ch. 23, § 2, p. 53.

§ 23-103. Prior offenses and rights not affected.

This act shall not impair or affect any act done, offense committed, or right accruing, secured, or acquired, or penalty, forfeiture or punishment incurred prior to its effective date, but the same may be enjoyed, asserted, enforced, prosecuted, or inflicted as fully and to the same extent as if this act had not been passed.

History.

1939, ch. 222, § 103, p. 465.

§ 23-104. Separability.

Should any section, clause, sentence, or provision of this act, be held invalid for any reason, such holding or decree shall not be construed as affecting the validity of any of the remaining portions hereof, it being declared that the legislature would have adopted the remainder of this act, notwithstanding the invalidity of any such section, clause, sentence, or provision.

History.

1939, ch. 222, § 104, p. 465.

§ 23-105. Alcoholic liquor defined.

“Alcoholic liquor,” as the term is used in this act, includes:

1. “Alcohol,” meaning the product of distillation of any fermented liquor, rectified once or more than once, whatever may be the origin thereof, or synthetic ethyl alcohol.
2. “Spirits,” meaning any beverage which contains alcohol obtained by distillation mixed with drinkable water and other substances in solution, including, among other things, brandy, rum, whiskey and gin.
3. Any liquid or solid, patented or not, containing spirits, and susceptible of being consumed by a human being for beverage purposes and containing more than four percent (4%) of alcohol by volume.

History.

1939, ch. 222, § 106, p. 465; am. 2011, ch. 130, § 1, p. 363; am. 2012, ch. 113, § 1, p. 311.

§ 23-201. Director — Appointment and term.

There shall be a state liquor division (in this act referred to as the “division”), in the office of the governor. The division shall be a division of the office of the governor for the purposes of chapter 8, title 67, Idaho Code, and the administrator of the division shall be known as the director of the state liquor division. The director shall be appointed by the governor for a term of three (3) years, but may be removed by the governor at will.

History.

1939, ch. 222, § 201, p. 465; am. 1941, ch. 10, § 1, p. 20; am. 1974, ch. 22, § 8, p. 592; am. 2009, ch. 23, § 3, p. 53; am. 2012, ch. 113, § 2, p. 311.

§ 23-202. Principal place of business.

The principal place of business of the division shall be in Ada county.

History.

1939, ch. 222, § 202, p. 465; am. 2001, ch. 183, § 6, p. 613; am. 2009, ch. 23, § 4, p. 53.

§ 23-203. Powers and duties.

The division shall have the following general powers and duties:

1. Regulation of Liquor Traffic. To permit, license, inspect and regulate the manufacture, importation, transportation, storage, sale and delivery of alcoholic liquor for purposes permitted by this act.
2. Traffic in Liquor. To buy, import, transport, store, sell and deliver alcoholic liquor, wine containing more than sixteen percent (16%) alcohol by volume, table wine, as defined in section 23-1303, Idaho Code, that is manufactured in Idaho, and sparkling wine.
3. Operation of Liquor Stores. To establish, maintain and discontinue warehouses, state liquor stores and distribution stations, and in the operation thereof to buy, import, transport, store, sell and deliver such other nonalcohol merchandise as may be reasonably related to its sale of alcoholic liquor.
4. Acquisition of Real Estate. To acquire, buy and lease real estate and to improve and equip the same for the conduct of its business.
5. Acquisition of Personal Property. To acquire, buy and lease personal property necessary and convenient for the conduct of its business.
6. Making Reports. To report to the governor annually, and at such other times as he may require, concerning the condition, management and financial transactions of the division.
7. General Powers. To do all things necessary and incidental to its powers and duties under this act.

The division shall so exercise its powers as to curtail the intemperate use of alcoholic beverages. It shall not attempt to stimulate the normal demands of temperate consumers thereof, irrespective of the effect on the revenue derived by the state from the resale of intoxicating liquor.

History.

1939, ch. 222, § 203, p. 465; am. 2006, ch. 18, § 1, p. 68; am. 2009, ch. 23, § 5, p. 53; am. 2011, ch. 130, § 2, p. 363.

§ 23-204. Successor to property of former administrators. [Repealed.]

Repealed by S.L. 2012, ch. 113, § 3, effective July 1, 2012.

History.

1939, ch. 222, § 204, p. 465; am. 2009, ch. 23, § 6, p. 53.

§ 23-205. Secretary

Appointment, term and duties. [Repealed.]

Repealed by S.L. 2012, ch. 113, § 4, effective July 1, 2012.

History.

1939, ch. 222, § 305, p. 465; am. 1941, ch. 10, § 2, p. 20; am. 2009, ch. 23, § 7, p. 53.

§ 23-206. Powers and duties of director as successor to Idaho liquor board.

The director of the division shall have the following general powers and duties. (a) Supervision: To exercise general supervision of the conduct and business of the division. (b) Rules and Regulations: To promulgate rules and regulations in the exercise of the governmental and proprietary powers and duties of the division.

History.

1939, ch. 222, § 307, p. 465; am. 1941, ch. 10, § 3, p. 20; am. 2009, ch. 23, § 8, p. 53.

§ 23-207. Specific rules and regulations.

Without attempting or intending to limit the general powers of the director of the division contained in section 23-206, Idaho Code, such powers shall extend to and include the following:

1. Subject to the provisions of chapter 53, title 67, Idaho Code, to prescribe the qualifications of and to select personnel to conduct its business and perform its functions; to require that those holding positions of trust be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code; to fix the compensation of all appointees and employees, assign their duties, and to discharge them.
2. To regulate the management, operation, bookkeeping, reporting, equipment, records, and merchandise of state liquor stores and distribution stations and warehouses.
3. To regulate the importation, purchase, transportation, and storage of alcoholic liquor and the furnishing of alcoholic liquor to state liquor stores, distribution stations, and warehouses established under this act.
4. To determine the classes, varieties, and brands of alcoholic liquors to be kept in state warehouses and for sale at state liquor stores and distribution stations.
5. To determine the nature, form, and capacity of packages containing liquor kept or sold.
6. To prescribe the kinds and character of official seals or labels to be attached to packages of liquor sold to a licensee as defined in chapter 9, title 23, Idaho Code. No official seals or labels shall be required to be attached to packages of liquor sold to the general public, at a liquor store or a distributing station.
7. From time to time to fix the sale prices, which shall be uniform throughout the state, of the different classes, varieties, or brands of alcoholic liquor, and to issue and distribute price lists thereof.
8. To prescribe, prepare, and furnish printed forms and information blanks necessary or convenient for administering this act, and printed copies of the regulations made thereunder. To contract for the printing thereof and of all necessary records and reports.
9. To regulate the issuance, suspension and revocation of permits and licenses to purchase, manufacture and handle or traffic in alcoholic liquor.
10. To prescribe the conditions and qualifications necessary for obtaining permits and licenses, and the conditions of use of privileges under them; and to provide for the inspection of the records and the conduct of use of permittees and licensees.
11. To prescribe the kind, quality, and character of alcoholic liquors which may be purchased or sold under any and all licenses and permits, including the quantity which may be purchased or sold at any one (1) time or within any specified period of time.

History.

1939, ch. 222, § 308, p. 465; am. 1941, ch. 10, § 4, p. 20; am. 1971, ch. 136, § 10, p. 522; am. 1974, ch. 22, § 9, p. 592; am. 2009, ch. 23, § 9, p. 53; am. 2009, ch. 282, § 1, p. 849; am. 2010, ch. 19, § 1, p. 32; am. 2010, ch. 79, § 5, p. 133; am. 2012, ch. 113, § 5, p. 311.

§ 23-208. Director — Powers and duties.

The director as the executive officer of the division, shall exercise all the powers and duties vested in the division.

History.

1939, ch. 222, § 401, p. 465; am. 1941, ch. 10, § 5, p. 20; am. 2009, ch. 23, § 10, p. 53.

§ 23-209. Official bond of director.

The director shall be bonded to the state of Idaho in the time, form and manner as prescribed by chapter 8, title 59, Idaho Code.

History.

1939, ch. 222, § 402, p. 465; am. 1941, ch. 10, § 6, p. 20; am. 1971, ch. 136, § 11, p. 522; am. 2009, ch. 23, § 11, p. 53.

§ 23-210. Salary of superintendent. [Obsolete.]

§ 23-211. Personnel not to be interested in private liquor traffic.

Neither the director nor any other officer or employee of the division shall, directly or indirectly, individually, or as a member of a partnership or as a shareholder in a corporation, have any private interest whatsoever in the business of manufacturing, transporting, distributing, or selling of alcoholic liquor; nor shall he receive any kind of profit whatsoever, or have any interest whatsoever in the purchases or sale by the persons herein authorized to purchase and sell alcoholic liquor, except that such provisions shall not prevent any such person from purchasing and keeping in his possession for the personal use of himself, his family, or his guests, of any liquor which may be lawfully purchased.

History.

1939, ch. 222, § 501, p. 465; am. 1941, ch. 10, § 8, p. 20; am. 2009, ch. 23, § 12, p. 53; am. 2012, ch. 113, § 6, p. 311.

§ 23-212. Personnel disqualified from other office or business.

No officer or employee of the division shall, while holding such office or position, hold any other office or position or engage in any occupation or business inconsistent or interfering with the duties of such employment.

History.

1939, ch. 222, § 502, p. 465; am. 2009, ch. 23, § 13, p. 53.

§ 23-213. Personnel not to engage in politics. [Repealed.]

§ 23-214. Officers and employees not personally liable.

Neither the director nor any of the officers or employees of the division shall be liable for damages sustained by any person because of any act done in the performance of their respective duties under this act.

History.

1939, ch. 222, § 504, p. 465; am. 1941, ch. 10, § 9, p. 20; am. 2009, ch. 23, § 14, p. 53; am. 2012, ch. 113, § 7, p. 311.

§ 23-215. Price lists to be furnished by sellers.

All sellers of liquors or wines to the division shall furnish to the director or other executive officer of said division, upon demand of such officer, a sworn statement showing the prices at which the same kind and grade of liquors or wines are currently sold to the official buying agencies of all states whose border touches the border of the state of Idaho; and it shall be the duty of the director or other executive officer of said division, to keep such listed prices on file in his office and to permit the examination of the same at all times during regular office hours by any person desiring to inspect the same.

History.

1943, ch. 47, § 1, p. 93; am. 2009, ch. 23, § 15, p. 53.

§ 23-216. Attorney or agent of seller — Name and address to be furnished.

Any firm or person interested in the sale of liquors or wines to the division shall file with said division the name and address of any attorney or agent employed by such firm or person in the state of Idaho, and designating the services to be performed by such attorney or agent, which information shall be filed in the office of the division and shall be available at all times during regular office hours to any person desiring to inspect the same.

History.

1943, ch. 47, § 2, p. 93; am. 2009, ch. 23, § 16, p. 53.

§ 23-217. Surcharge added to price of alcoholic liquor and all other merchandise sold — Collection and remission by director.

1. The director of the division is hereby authorized and directed to include in the price of alcoholic liquor and all other merchandise sold in the division, and its branches, a surcharge equal to two percent (2%) of the current price per unit computed to the nearest multiple of five cents (5¢).
2. After the price of the surcharge has been included, the director of the division is hereby authorized and directed to allow a discount of five percent (5%) from the price of each order of alcoholic liquor and all other merchandise sold to any licensee, as defined in section 23-902(8), Idaho Code.
3. The surcharge imposed pursuant to this section shall be collected and credited monthly to the drug court, mental health court and family court services fund, as set forth in section 1-1625, Idaho Code.

History.

I.C.,§ 23-217, as added by 1959, ch. 166, § 1, p. 386; am. 1961, ch. 248, § 1, p. 411; am. 1963, ch. 428, § 1, p. 1107; am. 1971, ch. 3 (E.S.), § 1, p. 9; am. 1972, ch. 311, § 1, p. 772; am. 1973, ch. 290, § 1, p. 613; am. 1974, ch. 22, § 10, p. 592; am. 1974, ch. 213, § 1, p. 1558; am. 1976, ch. 317, § 1, p. 1086; am. 1982, ch. 255, § 1, p. 653; am. 1994, ch. 180, § 36, p. 420; am. 2003, ch. 291, § 1, p. 791; am. 2004, ch. 318, § 2, p. 892; am. 2005, ch. 360, § 3, p. 1144; am. 2006, ch. 18, § 2, p. 68; am. 2009, ch. 23, § 17, p. 53; am. 2016, ch. 268, § 4, p. 721.

§ 23-301. Liquor stores — Notice of intent to locate.

1. The division may establish and maintain liquor stores in any city organized under general or special law. Before any store site or distributing station may be established within a city or unincorporated area that does not have a distributing station, the division shall have printed in the city’s official newspaper, as defined in section 50-213, Idaho Code, a legal notice of the division’s intent to establish a liquor store or distributing station in the city and that a public hearing will be held regarding the proposed liquor store if the requirements specified herein are satisfied. The legal notice shall contain the time, date and place of the hearing and the address where the liquor store or distributing station is proposed to be located, notice of the right to protest the location, the requirements necessary to be satisfied before a public hearing will be held, and shall be a twenty (20) days’ notice as described in section 60-109, Idaho Code. If the lesser of twenty-five (25) people or ten percent (10%) of the eligible voters living in precincts, any part of which is located within a one thousand (1,000) foot radius surrounding the proposed site, sign a petition which protests the proposed site of the liquor store or distributing station and present it to the director or his designated representative, a public hearing shall be held within one (1) week after the last legal notice has been published.
2. If fifty percent (50%) or more of the eligible voters living in precincts, any part of which is located within a one thousand (1,000) foot radius surrounding the proposed site of the liquor store or distributing station, sign a petition which protests the proposed site of the liquor store or distributing station and present it to the director or his designated representative within five (5) business days after the public hearing, the division shall not place a liquor store or distributing station at the proposed site.
3. The division may classify liquor stores according to the volume of their sales.

History.

1939, ch. 222, § 601, p. 465; am. 1978, ch. 237, § 1, p. 506; am. 1980, ch. 68, § 1, p. 143; am. 1980, ch. 301, § 1, p. 778; am. 2009, ch. 23, § 18, p. 53; am. 2012, ch. 113, § 8, p. 311.

§ 23-302. Distributing stations — Notice of intent to locate.

1. The division may select a special distributor in any municipality where in its judgment a liquor store is not required; or in any unincorporated locality, but only if satisfied of the existence therein of adequate local police protection, upon the furnishing by said distributor of a bond satisfactory to the division, conditioned for his faithful observance of this act and the rules and regulations of the division thereunder, and if the provisions of section 23-301, Idaho Code, are complied with.
2. In maintaining the location of any such store or station, or in discontinuing the same, the division shall give due consideration to the normal local demand for alcoholic liquor by resident temperate adult consumers and the local community sentiment with respect to the liquor traffic as expressed by ordinance or otherwise.

History.

1939, ch. 222, § 602, p. 465; am. 1978, ch. 237, § 2, p. 506; am. 1980, ch. 301, § 2, p. 778; am. 2009, ch. 23, § 19, p. 53.

§ 23-303. Proximity of school.

No liquor store or distribution station shall be located within three hundred (300) feet of a school.

History.

1939, ch. 222, § 603, p. 465.

§ 23-304. Qualifications of special distributors.

A special distributor shall have been a resident of the state for at least six (6) months prior to his selection and shall be a person having a reputation for probity, temperance and integrity.

History.

1939, ch. 222, § 604, p. 465; am. 1945, ch. 43, § 1, p. 56; am. 1973, ch. 23, § 1, p. 44; am. 2012, ch. 113, § 9, p. 311.

§ 23-305. Compensation of special distributors.

Special distributors shall receive uniform compensation, which compensation shall be considered a part of the cost of sales, according to classifications fixed by the division.

History.

1939, ch. 222, § 605, p. 465; am. 1993, ch. 238, § 1, p. 824; am. 2009, ch. 23, § 20, p. 53; am. 2012, ch. 113, § 10, p. 311.

§ 23-306. General conduct and management.

In the conduct and management of liquor stores and distributing stations, special distributors shall be subject to the provisions of this act and the rules and regulations of the division.

History.

1939, ch. 222, § 606, p. 465; am. 2009, ch. 23, § 21, p. 53; am. 2012, ch. 113, § 11, p. 311.

§ 23-307. Days when sales are prohibited.

It shall be unlawful to transact the sale or delivery of any alcoholic liquor in, on, or from the premises of any state liquor store or distributing station:

1. After the closing hours as established by the division.
2. On any Thanksgiving, Christmas or Memorial Day.
3. On any Sunday, except as provided by county option pursuant to section 23-308, Idaho Code.
4. During such other periods or days as may be designated by the division.

History.

1939, ch. 222, § 607, p. 465; am. 1983, ch. 96, § 1, p. 209; am. 2004, ch. 79, § 1, p. 303; am. 2008, ch. 248, § 1, p. 729; am. 2009, ch. 23, § 22, p. 53.

§ 23-308. County option Sunday liquor sales — Resolution of county commissioners — Local option county election.

1. The board of county commissioners of each county may, by resolution regularly adopted, allow for the sale or delivery of any alcoholic liquor in, on, or from the premises of any state liquor store or distributing station in the county on any Sunday which does not fall on Christmas Day, and such sales shall be allowed so long as the resolution remains in effect. If such a resolution is adopted by the board, a copy of such resolution shall be delivered to the director of the division and to the director of the Idaho state police.
2. Within thirty (30) days after the effective date of this act, a petition in writing signed by not less than twenty percent (20%) of the registered, qualified electors of any county may be filed with the clerk of said county requesting an election to be held to determine whether or not the sale or delivery of any alcoholic liquor in, on, or from the premises of any state liquor store or distributing station in the county on any Sunday which does not fall on Christmas Day, shall be allowed.
3. In the event a petition is presented, the county commissioners of any such county shall, within five (5) days after the presentation of the petition, meet and determine the sufficiency thereof by ascertaining whether such petition is signed by the required number of registered, qualified electors of the county affected.
4. In the event that a petition does not contain the required number of certified signatures, the commissioners shall inform the person or organization under whose authority the petition was circulated that the petition is defective for lack of certified signatures, and specify the number of additional signatures required to make the petition valid. The petition must be perfected within sixty (60) days of the date that the commissioners find the petition defective for lack of certified signatures. If the petition is not perfected within the sixty (60) day period, the commissioners shall declare the petition null and void ab initio in its entirety.
5. In the event the county commissioners of said county determine that the petition is signed by the required percentage of registered, qualified electors, the commissioners shall forthwith make an order calling an election to be held within the county, subject to the provisions of section 34-106, Idaho Code, in the manner provided by law for holding elections for county officers. All the laws of the state of Idaho relating to the holding of elections of county officers for such county shall apply to the holding of the election provided for in this section. In addition to the other requirements of law, the notice of election shall notify the electors of the issue to be voted upon at said election.

History.

I.C.,§ 23-308, as added by 2004, ch. 79, § 2, p. 303; am. 2009, ch. 23, § 23, p. 53.

§ 23-308A. Form of local option county election ballot.

The county clerk shall furnish the ballots to be used in the local option county election, which ballots shall contain the following words:

“Shall the sale or delivery of any alcoholic liquor in, on, or from the premises of any state liquor store or distributing station be allowed on any Sunday which does not fall on Christmas Day, Yes.”

“Shall the sale or delivery of any alcoholic liquor in, on, or from the premises of any state liquor store or distributing station be allowed on any Sunday which does not fall on Christmas Day, No.”

and the elector in order to vote must mark an “X” or other mark sufficient to show his intent, opposite one (1) of the questions in a space provided therefor.

History.

I.C.,§ 23-308A, as added by 2004, ch. 79, § 3, p. 303.

§ 23-308B. Effect of local option county election.

Upon a canvass of the votes cast, the clerk of the county shall certify the result thereof to the director of the Idaho state police and to the director of the division. If a majority of the votes cast are “Shall the sale or delivery of any alcoholic liquor in, on, or from the premises of any state liquor store or distributing station be allowed on any Sunday which does not fall on Christmas Day, Yes,” then all liquor stores and distributing stations in the county shall be allowed to transact the sale or delivery of any alcoholic liquor in, on, or from all such premises in the county on any Sunday which does not fall on Christmas Day.

History.

I.C.,§ 23-308B, as added by 2004, ch. 79, § 4, p. 303; am. 2009, ch. 23, § 24, p. 53.

§ 23-308C. Subsequent local option county elections.

A similar local county option election may be subsequently called and held upon the issue of whether the sale or delivery of any alcoholic liquor in, on, or from the premises of any state liquor store or distributing station shall be allowed on any Sunday which does not fall on Christmas Day. Such subsequent election shall be held upon the filing of a petition, as provided in section 23-308, Idaho Code, signed by the requisite percentage of qualified electors. No such subsequent election shall be held more often than two (2) years after the holding of any local option county election or subsequent election.

History.

I.C.,§ 23-308C, as added by 2004, ch. 79, § 5, p. 303.

§ 23-309. Sales.

No state liquor store or special distributor shall sell any alcoholic liquor or any other merchandise on behalf of the division except for cash, check, money order, credit card, electronic funds transfer or debit card. In addition, the division shall, under such rules as may be adopted by it, authorize state liquor stores or special distributors to accept a check, credit cards, electronic funds transfer or debit card from persons licensed for the retail sale of liquor by the drink pursuant to chapter 9, title 23, Idaho Code, as payment for purchases from the division. Dishonor of any credit device given by such person shall constitute grounds for suspension or revocation of such person’s license pursuant to section 23-933, Idaho Code, in addition to any other remedy provided by law.

History.

1939, ch. 222, § 609, p. 465; am. 1977, ch. 124, § 1, p. 264; am. 1988, ch. 216, § 1, p. 410; am. 1999, ch. 206, § 1, p. 553; am. 2006, ch. 18, § 3, p. 68; am. 2009, ch. 23, § 25, p. 53; am. 2012, ch. 113, § 12, p. 311.

§ 23-310. Original package.

Alcoholic liquor shall be sold and purchased only in the original package.

History.

1939, ch. 222, § 610, p. 465.

§ 23-311. Containers.

No alcoholic liquor shall be sold to any purchaser, who is not a licensee as defined in chapter 9, title 23, Idaho Code, except in a sealed container and no such container shall be opened upon the premises of any state warehouse, store, or distributing station. No alcoholic liquor shall be sold to a licensee as defined in chapter 9, title 23, Idaho Code, except in a sealed container with the official seal or label prescribed by the division.

History.

1939, ch. 222, § 611, p. 465; am. 2009, ch. 23, § 26, p. 53; am. 2009, ch. 282, § 2, p. 849; am. 2010, ch. 19, § 2, p. 32; am. 2010, ch. 79, § 6, p. 133.

§ 23-312. Persons under twenty-one and intoxicated persons — Inhibited sales.

No officer, agent, or employee of the division shall sell any alcoholic liquor to a person under the age of twenty-one (21) years or to any person intoxicated or apparently intoxicated.

History.

1939, ch. 222, § 612, p. 465; am. 1972, ch. 330, § 1, p. 828; am. 1987, ch. 212, § 2, p. 448; am. 2009, ch. 23, § 27, p. 53.

§ 23-313. Liquor not to be consumed on premises.

No vendor, officer, clerk, servant, agent, or employee of the division employed in any state liquor store, state-owned warehouse, or distributing station shall allow any alcoholic liquor to be consumed on the premises of such state warehouse, store, or distributing station, except for sampling purposes only, as described in section 23-314, Idaho Code. Nor shall any vendor, officer, clerk, servant, agent, or employee of the division consume any such liquor on such premises.

History.

1939, ch. 222, § 613, p. 465; am. 2009, ch. 23, § 28, p. 53; am. 2020, ch. 293, § 1, p. 845.

§ 23-314. Sample tastings in retail stores.

1. As used in this section:
   1. “Distilled spirits supplier” means any manufacturer, rectifier, importer, or broker of liquor products offered for sale by the division.
   2. “Retail store” means any state liquor store and does not include any distributing station that is authorized by the state of Idaho.
2. A distilled spirits supplier or its representative may offer sample tastings on the premises of a retail store.
3. A distilled spirits supplier shall not charge for sample tastings.
4. Sample sizes for tasting events permitted pursuant to the provisions of this section shall not exceed one-quarter of one ounce (0.25 oz) of alcoholic liquor. A sample may be mixed with another alcoholic liquor or nonalcoholic beverage.
5. The maximum number of samples allowed shall not exceed three (3) samples per person in any twenty-four (24) hour period.
6. Samples may be served only by persons twenty-one (21) years of age or older.
7. In accordance with state law, alcoholic liquor shall be served only to persons who are twenty-one (21) years of age or older.
8. Samples shall be served in a specifically identified sample area or areas within the retail store. Such area or areas shall be of a size and design such that the person conducting the tasting can observe and control persons in the area to ensure that no persons under twenty-one (21) years of age or visibly intoxicated persons possess or consume alcohol. Customers must remain in the tasting area or areas until they have finished consuming the sample. The retail store shall keep on file at the premises a floor plan identifying the tasting area or areas.
9. The distilled spirits for sample tastings shall be purchased from the Idaho state liquor division, and all taxes for such distilled spirits shall be paid by the manufacturer of the distilled spirits.
10. Any unused product must be removed from the premises by the supplier or its representative.
11. The division must approve of the time, location, method, and items to be sampled at tastings. The distilled spirits supplier must notify the Idaho state police in advance of any tasting approved pursuant to the provisions of this section.
12. The division may not advertise or otherwise promote to the public a tasting event permitted pursuant to the provisions of this section.
13. It shall be the responsibility of the distilled spirits supplier to conduct a sample tasting in accordance with the provisions of this section. A retail store that hosts such a sample tasting shall not incur liability arising from a right of action directly resulting from consumption of liquor authorized by this section.

History.

I.C.,§ 23-314, as added by 2020, ch. 293, § 2, p. 845.

§ 23-401. Liquor account created.

The state treasurer shall be custodian of an account in the agency asset fund, which is hereby created, to be known as the “liquor account,” into which shall be paid all revenues derived from sales of alcoholic beverages and other merchandise, excise taxes, licenses, permits, fees, profits on sales, sales of equipment and supplies, and all other moneys accruing or received under any of the provisions of this act. All moneys, properties, buildings, plants, apparatus, real estate, securities acquired by or through the moneys belonging to the liquor account, including interest earned thereon, shall be the property of the liquor account.

History.

1939, ch. 222, § 701, p. 465; am. 1982, ch. 255, § 2, p. 653; am. 2006, ch. 18, § 4, p. 68.

§ 23-402. Appropriation.

All moneys appropriated for, accruing to, or received by said fund [account] are hereby appropriated for the purpose of this act for the purchase of alcoholic liquor, and the purchase of other nonalcohol merchandise sold through the division and payment of expenses of administration and operation of the division, and the same shall be paid out by the state treasurer only upon vouchers prepared and certified to by the division and approved by the state board of examiners.

History.

1939, ch. 222, § 702, p. 465; am. 2006, ch. 18, § 5, p. 68; am. 2009, ch. 23, § 29, p. 53.

§ 23-403. Reserve.

No distribution of any surplus from the liquor fund [account] shall be made as provided in the following section, unless there shall be moneys in said fund [account] after setting aside and reserving the following:

1. Funds sufficient to pay all current obligations of the division.
2. A cash reserve of fifty thousand dollars ($50,000) over and above all other assets.

History.

1939, ch. 222, § 703, p. 465; am. 2009, ch. 23, § 30, p. 53.

§ 23-404. Distribution of moneys in liquor account.

1. The moneys received into the liquor account shall be transferred or appropriated as follows:
   1. An amount of money equal to the actual cost of purchase of alcoholic liquor and payment of expenses of administration and operation of the division, as determined by the director and certified quarterly to the state controller, shall be transferred back to the division; provided, that the amount so transferred back for administration and operation of the division shall not exceed the amount authorized to be expended by regular appropriation authorization.
   2. From fiscal year 2006 through fiscal year 2009, forty percent (40%) of the balance remaining after transferring the amounts authorized by paragraph (a) of this subsection shall be transferred or appropriated pursuant to this paragraph. Beginning in fiscal year 2010, the percentage transferred pursuant to this paragraph shall increase to forty-two percent (42%) with an increase of two percent (2%) for each subsequent fiscal year thereafter until fiscal year 2014, when such percentage shall be fifty percent (50%).
      1. For fiscal year 2006 and through fiscal year 2009, one million eight hundred thousand dollars ($1,800,000) shall be appropriated and paid to the cities and counties as set forth in paragraph (c)(i) and (ii) of this subsection;
      2. Two million eighty thousand dollars ($2,080,000) shall be transferred annually to the substance abuse treatment fund created in section 23-408, Idaho Code;
      3. Eight hundred thousand dollars ($800,000) shall be transferred annually to the state community college account created in section 33-2139, Idaho Code;
      4. One million two hundred thousand dollars ($1,200,000) shall be transferred annually to the public school income fund as defined in section 33-903, Idaho Code;
      5. Six hundred fifty thousand dollars ($650,000) shall be transferred annually to the cooperative welfare account [fund] in the dedicated fund;
      6. Six hundred eighty thousand dollars ($680,000) shall be transferred annually to the drug court, mental health court and family court services fund;
      7. Four hundred forty thousand dollars ($440,000) shall be transferred annually to the drug and mental health court supervision fund created in section 23-409, Idaho Code; and
      8. The balance shall be transferred to the general fund.
   3. The remainder of the moneys received in the liquor account shall be appropriated and paid as follows:
      1. For fiscal year 2018, forty percent (40%) of the balance remaining after the transfers authorized by paragraphs (a) and (b) of this subsection have been made is hereby appropriated to and shall be paid to the several counties. For fiscal year 2019, the amount apportioned to counties shall decrease to thirty-nine and two-tenths percent (39.2%) with a decrease of eight-tenths percent (.8%) for each subsequent fiscal year thereafter until fiscal year 2023 when such percentage shall be thirty-six percent (36%). Each county shall be entitled to an amount in the proportion that liquor sales through the division in that county during the state’s previous fiscal year bear to total liquor sales through the division in the state during the state’s previous fiscal year, except that no county shall be entitled to an amount less than that county received in distributions from the liquor account during the state’s fiscal year 1981.
      2. For fiscal year 2018, sixty percent (60%) of the balance remaining after the transfers authorized by paragraphs (a) and (b) of this subsection have been made is hereby appropriated to and shall be paid to the several cities. For fiscal year 2019, the amount apportioned to the several cities shall decrease to fifty-seven and eight-tenths percent (57.8%) with a decrease of two and two-tenths percent (2.2%) for each subsequent fiscal year thereafter until fiscal year 2023 when such percentage shall be forty-nine percent (49%). Amounts paid to the several cities shall be distributed as follows: 1. Ninety percent (90%) of the amount appropriated to the cities shall be distributed to those cities that have a liquor store or distribution station located within the corporate limits of the city. Each such city shall be entitled to an amount in the proportion that liquor sales through the division in that city during the state’s previous fiscal year bear to total liquor sales through the division in the state during the state’s previous fiscal year, except that no city shall be entitled to an amount less than that city received in distributions from the liquor account during the state’s fiscal year 1981;
      3. For fiscal year 2019, an additional amount of three percent (3%) of the balance remaining after the transfers authorized by paragraphs (a) and (b) of this subsection have been made is hereby appropriated to the several counties for deposit in the district court fund. Such funds shall be dedicated to provide for the suitable and adequate quarters of the magistrate division of the district court, including the facilities and equipment necessary to make the space provided functional for its intended use, and shall provide for the staff personnel, supplies and other expenses of the magistrate division. For fiscal year 2020, the amount apportioned to the several counties for deposit in the district court fund shall be six percent (6%) with an increase of three percent (3%) for each subsequent year until fiscal year 2023 when such percentage shall be fifteen percent (15%). Amounts paid to the several counties shall be distributed as follows:
         1. The first four hundred forty thousand dollars ($440,000) shall be distributed to each of the forty-four (44) counties in equal amounts;
         2. Fifty percent (50%) of the remaining funds shall be distributed to the forty-four (44) counties in proportion to the population of the county in relation to the population of the state; and
         3. Fifty percent (50%) of the remaining funds shall be distributed to the forty-four (44) counties in proportion to the number of misdemeanor and infraction filings initiated by city law enforcement officers in the county during the state’s previous fiscal year in relation to the proportion of the number of misdemeanor and infraction filings initiated by all city law enforcement officers in the state.
2. All transfers and distributions shall be made periodically, but not less frequently than quarterly, but the apportionments made to any county or city that may during the succeeding three (3) year period be found to have been in error either of computation or transmittal shall be corrected during the fiscal year of discovery by a reduction of apportionments in the case of over-apportionment or by an increase of apportionments in the case of under-apportionment. The decision of the director on entitlements of counties and cities shall be final and shall not be subject to judicial review. (3) For purposes of this section, “city law enforcement officer” means an individual, either employed directly by a city or by way of a contract for law enforcement services with another city or county, authorized to investigate, enforce, prosecute or punish violations of city or state statutes, ordinances or regulations.

2. Ten percent (10%) of the amount appropriated to the cities shall be distributed to those cities that do not have a liquor store or distribution station located within the corporate limits of the city. Each such city shall be entitled to an amount in the proportion that its population bears to the population of all cities in the state that do not have a liquor store or distribution station located within the corporate limits of the city, except that no city shall be entitled to an amount less than that city received in distributions from the liquor account during the state’s fiscal year 1981.

History.

I.C.,§ 23-404, as added by 1982, ch. 255, § 4, p. 653; am. 1983, ch. 117, § 2, p. 258; am. 1984, ch. 120, § 1, p. 276; am. 1994, ch. 180, § 37, p. 420; am. 2006, ch. 289, § 1, p. 886; am. 2007, ch. 141, § 1, p. 407; am. 2008, ch. 252, § 1, p. 738; am. 2009, ch. 23, § 31, p. 53; am. 2013, ch. 187, § 1, p. 447; am. 2018, ch. 87, § 1, p. 191; am. 2018, ch. 264, § 2, p. 630; am. 2019, ch. 218, § 1, p. 659.

§ 23-405. Distribution by counties. [Repealed.]

§ 23-406. Administrative expense.

Claims for salaries, wages, and other compensation, premiums on official bonds, traveling and other expenses of the director and other officers and employees, and all other expenditures made by the division in the exercise of its powers hereunder shall be paid from the liquor fund [account] as a part of the cost of the administration of this act.

History.

1939, ch. 222, § 706, p. 465; am. 1941, ch. 10, § 10, p. 20; am. 2009, ch. 23, § 32, p. 53; am. 2012, ch. 113, § 13, p. 311.

§ 23-407. Deposit of revenue.

It shall be the duty of all special distributors, officers, agents, and employees to report and pay over to the division, in such manner and pursuant to such rules as may be adopted by it, all revenues derived from the sale of alcoholic beverages, all revenues derived from the sale of all other merchandise sold on behalf of the division, excise taxes, licenses, permits, fees, profits on sales, or other revenues resulting from the operation of this act, and the division shall deposit the same with the state treasurer to the credit of the liquor fund [account].

History.

1939, ch. 222, § 707, p. 465; am. 2006, ch. 18, § 6, p. 68; am. 2009, ch. 23, § 33, p. 53; am. 2012, ch. 113, § 14, p. 311.

§ 23-408. Substance abuse treatment fund.

There is hereby created in the state treasury, the substance abuse treatment fund. Moneys remitted to the substance abuse treatment fund by the division and from the tax on beer and wine are intended to be utilized for substance abuse treatment services at both the state and local levels. Moneys in the fund may be expended pursuant to appropriation and are intended to assist state government and local units of government in providing affordable, accessible substance abuse treatment services, including crisis intervention and detoxification services, inpatient and outpatient treatment services, and recovery support services for all Idaho residents. The state treasurer is authorized to invest all idle moneys in the fund and the interest earned on such investment shall be returned to the fund.

History.

I.C.,§ 23-408, as added by 2007, ch. 141, § 2, p. 407; am. 2009, ch. 23, § 34, p. 53.

§ 23-409. Drug and mental health court supervision fund.

There is hereby created in the state treasury, the drug and mental health court supervision fund. Moneys remitted to the drug and mental health court supervision fund by the division are intended to be utilized by the Idaho department of correction for the supervision of offenders sentenced to drug or mental health court. Moneys in the fund may be expended pursuant to appropriation and are intended to assist the courts in managing and monitoring this high-risk and high-need population. The state treasurer is authorized to invest all idle moneys in the fund and the interest earned on such investment shall be returned to the fund.

History.

I.C.,§ 23-409, as added by 2007, ch. 141, § 3, p. 407; am. 2009, ch. 23, § 35, p. 53.

§ 23-501. Wine or beer for personal use.

1. Any person shall have the privilege of manufacturing wine or brewing beer for the personal use of himself, family, and guests.
2. The production of beer per household for family or personal use pursuant to this section may not exceed:
   1. Two hundred (200) gallons per calendar year if there are two (2) or more adults residing in the household; or
   2. One hundred (100) gallons per calendar year if there is one (1) adult residing in the household.

History.

1939, ch. 222, § 801, p. 465; am. 1999, ch. 45, § 1, p. 107; am. 2020, ch. 205, § 1, p. 599.

§ 23-502. Sacramental wine.

A minister, priest, rabbi, or religious organization shall have the privilege of purchasing wine for sacramental purposes from the division or from any other source within or without the state.

History.

1939, ch. 222, § 802, p. 465; am. 2009, ch. 23, § 36, p. 53.

§ 23-503. Denatured alcohol.

Any person, firm, or corporation may manufacture or sell denatured or wood alcohol.

History.

1939, ch. 222, § 803, p. 465.

§ 23-504. Alcoholic nonbeverages.

Any person may manufacture or sell patent and proprietary medicines, tinctures, food products, extracts, toilet articles and perfumes, and other like commodities, which are not generally classified or used as beverages, although they contain as one of their ingredients alcoholic liquor.

History.

1939, ch. 222, § 804, p. 465.

§ 23-505. Transportation of alcoholic beverages.

1. Alcoholic liquor lawfully purchased may be transported, but no person shall break open, or allow to be broken or opened any container of alcoholic liquor, or drink, or use, or allow to be drunk, or used any alcoholic liquor therein while the same is being transported. Provided however, that an unsealed alcoholic beverage container may be transported in an enclosed trunk compartment or behind the last upright seat of a vehicle which has no trunk compartment.
2. No person in a motor vehicle, while the vehicle is on a public highway or the right-of-way of a public highway may drink or possess any open beverage containing alcoholic liquor, as defined in section 23-105, Idaho Code, beer as defined in section 23-1001, Idaho Code, or wine as defined in section 23-1303, Idaho Code, unless such person is a passenger in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, or in the living quarters of a recreational vehicle as that term is defined in section 49-119, Idaho Code. Violation of this section is a misdemeanor for the individual in actual physical control of the vehicle, as defined in section 18-8004, Idaho Code, and an infraction for other individuals violating this section.

History.

1939, ch. 222, § 805, p. 465; am. 1996, ch. 254, § 1, p. 835; am. 2000, ch. 248, § 1, p. 701.

§ 23-507. Manufacturers’ licenses.

The division may grant a license to a manufacturer of alcoholic liquor for sale to the division and to customers outside of the state, subject to such regulations as the division may adopt. The fee for such permit shall be one hundred dollars ($100).

History.

1939, ch. 222, § 807, p. 465; am. 2009, ch. 23, § 38, p. 53.

§ 23-508. Manufacturer’s bond.

As a condition precedent to the issuance of a manufacturer’s license, the applicant shall post a bond, written by a surety company authorized to do business in Idaho, in the penal sum of one thousand dollars ($1,000), conditioned for the faithful observation of the provisions of this act and the rules of the division promulgated thereunder. For a violation of the conditions thereof, said bond shall be forfeited to the state of Idaho, and any recovery thereon shall be covered into the liquor fund [account].

History.

1939, ch. 222, § 808, p. 465; am. 2009, ch. 23, § 39, p. 53.

§ 23-509. Manufacturers and wholesalers not to give liquor away.

No manufacturer, wholesaler, or distributor shall give away any alcoholic liquor of any kind at any time in connection with his business, except for testing or sampling purposes only.

History.

1939, ch. 222, § 809, p. 465.

§ 23-509A. Sample Tasting for manufacturers of distilled spirits.

1. For purposes of this section, “manufacturer of distilled spirits” means a distillery that holds a permit issued by the alcohol and tobacco tax and trade bureau (TTB) and is licensed by the state of Idaho as an Idaho state manufacturer of distilled spirits.
2. A manufacturer of distilled spirits may offer sample tastings on the premises of such distillery.
3. A manufacturer of distilled spirits shall not charge for sample tastings.
4. Sample sizes for tasting events permitted pursuant to the provisions of this section shall not exceed one-quarter of one ounce (0.25 oz).
5. The maximum number of samples allowed shall not exceed three (3) samples per person in any twenty-four (24) hour period.
6. Samples at distilleries may be served only by persons twenty-one (21) years of age or older.
7. In accordance with state law, distilled spirits shall be served only to persons that are twenty-one (21) years of age or older.
8. The distilled spirits for sample tastings shall be purchased from the Idaho state liquor division, and all taxes for such distilled spirits shall be paid by the manufacturer of distilled spirits.

History.

I.C.,§ 23-509A, as added by 2014, ch. 274, § 1, p. 683.

§ 23-510. Inspection of manufactory.

The division shall have the power at all times to inspect any manufactory for which a license is granted hereunder.

History.

1939, ch. 222, § 810, p. 465; am. 2009, ch. 23, § 40, p. 53.

§ 23-511. Consumers’ permits. [Repealed.]

§ 23-512. Sales for medical or scientific purposes.

Under such rules and regulations as the division may adopt, it has authority to make sales of alcoholic liquor and ethyl alcohol from the division only:

1. To a registered pharmacist operating a drug store, for scientific and mechanical purposes and for compounding and preparing medicines.
2. To a licensed physician, dentist, or veterinarian or other licensed practitioner entitled to prescribe for healing purposes, for administering medicinally and in compounding prescriptions.
3. To a person in charge of a regularly conducted hospital or sanitorium for administering to the sick and aged.
4. To a person in charge of a laboratory for use in scientific pursuits and experiments.
5. For other purposes, similar to those mentioned in this section and not specifically covered by this act.

History.

1939, ch. 222, § 812, p. 465; am. 1963, ch. 296, § 3, p. 785; am. 2009, ch. 23, § 41, p. 53.

§ 23-513. Term of permits or licenses.

Every permit or license issued by the division shall expire on December 31st of the year in which issued.

History.

1939, ch. 222, § 813, p. 465; am. 2009, ch. 23, § 42, p. 53.

§ 23-514. Nature of permit.

A permit shall be a personal privilege, subject to be denied, revoked, or canceled for its abuse. It shall not constitute property; nor shall it be subject to attachment and execution; nor shall it be alienable or assignable. Every permit shall be issued in the name of the applicant and no person holding a permit shall allow any other person to use the same. The division, if not satisfied of the integrity and good faith of an applicant for a permit, may refuse to issue the same, or may refuse to issue a renewal thereof.

History.

1939, ch. 222, § 814, p. 465; am. 2009, ch. 23, § 43, p. 53.

§ 23-515. Inspection and examination of records of permits and sales.

The records of the division with respect to permits and sales thereunder shall be subject to disclosure according to chapter 1, title 74, Idaho Code.

History.

1939, ch. 222, § 815, p. 465; am. 1990, ch. 213, § 19, p. 480; am. 2009, ch. 23, § 44, p. 53; am. 2015, ch. 141, § 37, p. 379.

§ 23-516. Automatic voiding of permits.

Whenever a permittee has been convicted by any court of any violation of the provisions of this act or of any crime in which the handling or use of intoxicating liquor was a contributing factor, such conviction ipso facto shall operate to void the permit of such person so convicted and any and all privileges thereunder.

History.

1939, ch. 222, § 816, p. 465.

§ 23-517. Suspension and revocation of permits.

The division may suspend or revoke a permit, for the abuse of its privileges, after reasonable notice and fair hearing in accordance with reasonable rules of procedure prescribed by it.

In lieu of other remedies in this section authorized, the division may, as a condition precedent to a continuance of his permit, in any case where the permittee has not theretofore given bond, exact from him a bond, written by a surety company authorized to do business in Idaho, in the penal sum of one thousand dollars ($1,000), conditioned for the faithful observance of the provisions of this act and the regulations of the division promulgated thereunder. For a violation of the conditions thereof, said bond shall be forfeited to the state of Idaho, and any recovery thereon shall be covered into the liquor fund [account].

History.

1939, ch. 222, § 817, p. 465; am. 2009, ch. 23, § 45, p. 53.

§ 23-518. Surrender of permits.

Whenever a permit shall have been voided, cancelled or suspended, the holder thereof shall forthwith deliver the same to the division. The division shall notify all vendors and special distributors of voidances, cancellations and suspensions. No permit shall be issued to a person whose permit has been voided or cancelled within a period of one (1) year from the date of voidance or cancellation of his former permit.

History.

1939, ch. 222, § 818, p. 465; am. 2009, ch. 23, § 46, p. 53.

§ 23-519. Specific grounds of suspension and revocation of permits.

Without limiting the powers of the division in the matter of revocation of permits for other cause of abuse of the privilege, the division is hereby empowered to revoke or suspend a permit of any permittee upon satisfactory proof of any of the following grounds or causes:

1. Drunkenness or apparent drunkenness, within or without the state of Idaho.
2. Desertion or nonsupport of family or dependents.
3. Dependence upon public assistance or relief in any case where it appears that the purchase or consumption of intoxicating liquor by the permittee tends to deprive his family and dependents of needed subsistence.

History.

1939, ch. 222, § 819, p. 465; am. 2009, ch. 23, § 47, p. 53.

§ 23-601. Violation of duty by officers and employees of division.

Any officer or employee of the division who shall knowingly and willfully violate any of the provisions of this act, shall be guilty of a misdemeanor; and, upon conviction, shall be punishable by a fine of not less than three hundred dollars ($300), nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not less than three (3) months, nor more than one (1) year, or by both such fine and imprisonment.

History.

1939, ch. 222, § 901, p. 465; am. 2009, ch. 23, § 48, p. 53.

§ 23-602. Unlawful manufacture, traffic in, transportation, and possession of alcohol beverage.

Except as authorized by title 23, Idaho Code, any person who shall have in possession, manufacture, transport, purchase, sell, or dispose of any alcohol beverage, including any distilled spirits, beer or wine, shall be guilty of a misdemeanor, and upon conviction shall be punished as otherwise provided by law. Upon conviction of a second or subsequent violation of this section, the defendant shall be punished by a fine of not less than three hundred dollars ($300), nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not less than three (3) months, nor more than one (1) year, or by both such fine and imprisonment.

History.

1939, ch. 222, § 902, p. 465; am. 1999, ch. 59, § 2, p. 151.

§ 23-603. Dispensing to a person under the age of twenty-one years.

Any person who is eighteen (18) years of age or older who shall sell, give, or furnish, or cause to be sold, given, or furnished, alcohol beverage, including any distilled spirits, beer or wine, to a person under the age of twenty-one (21) years shall be guilty of a misdemeanor and upon conviction thereof may be punished by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) per violation, or by imprisonment in the county jail for a period not to exceed one (1) year, or by both such fine and imprisonment. A second or subsequent violation of this section by the same defendant shall constitute a misdemeanor and upon conviction thereof the defendant shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than two thousand dollars ($2,000) per violation, or imprisonment in the county jail for a period not to exceed one (1) year, or by both such fine and imprisonment. Notwithstanding the provisions of section 19-4705, Idaho Code, moneys received pursuant to such fines shall be deposited in the substance abuse treatment fund, as created in section 23-408, Idaho Code. Upon conviction of any person for a violation of the provisions of this section, the court shall notify the director of the Idaho state police. The director shall review the circumstances of the conviction, and if the dispensing took place at a licensed establishment or other retailer or distributor, the director may take administrative action he considers appropriate against the licensee or business including suspension of the license for not to exceed six (6) months, a fine, or both such suspension and fine.

History.

1939, ch. 222, § 903, p. 465; am. 1972, ch. 330, § 2, p. 828; am. 1987, ch. 212, § 3, p. 448; am. 1999, ch. 59, § 3, p. 151; am. 1999, ch. 397, § 1, p. 1112; am. 2000, ch. 469, § 56, p. 1450; am. 2004, ch. 192, § 1, p. 602; am. 2007, ch. 141, § 4, p. 407.

§ 23-604. Minors — Purchase, consumption or possession prohibited.

Any person under twenty-one (21) years of age who shall purchase, attempt to purchase, or otherwise consume or possess any alcohol beverage, including any distilled spirits, beer or wine, shall be guilty of an infraction upon a first violation and shall be guilty of a misdemeanor upon a subsequent conviction and shall be punished according to the schedule set out in section 18-1502, Idaho Code.

History.

I.C.,§ 23-604, as added by 1999, ch. 397, § 2, p. 1112; am. 2016, ch. 344, § 4, p. 987.

§ 23-604A. Minors — Limited use immunity.

1. Any person under twenty-one (21) years of age who, acting in good faith and for a medical emergency:
   1. Is a person seeking or needs emergency medical assistance for himself or others;
   2. Remains on the scene until emergency medical assistance or law enforcement officers arrive; and
   3. Cooperates with emergency medical assistance and law enforcement personnel at the scene;
2. The provisions of this section shall have no applicability to the prosecution of any criminal charges other than the consumption or possession of an alcoholic beverage by a person under twenty-one (21) years of age under section 23-604 or 23-949, Idaho Code, and shall not prevent a prosecution based on evidence not obtained as described in subsection (1) of this section.

shall have limited use immunity such that evidence obtained solely as a result of the person having sought, received or rendered emergency medical services as set forth in this section may not be used against the person for any violation of section 23-604 or 23-949, Idaho Code, for consuming or possessing an alcoholic beverage.

History.

I.C.,§ 23-604A, as added by 2016, ch. 346, § 1, p. 998.

§ 23-605. Dispensing to drunk.

Any person who sells, gives, or dispenses any alcohol beverage, including any distilled spirits, beer or wine, to another person who is intoxicated or apparently intoxicated shall be guilty of a misdemeanor.

History.

1939, ch. 222, § 905, p. 465; am. 1999, ch. 59, § 4, p. 151.

§ 23-607. Advertising.

Except as permitted by federal statute and regulations, there shall be no public advertisement or advertising of alcoholic liquors in any manner or form within the state of Idaho.

1. No person shall publish, exhibit, or display or permit to be displayed any other advertisement or form of advertisement, or announcement, publication, or price list of, or concerning any alcoholic liquors, or where, or from whom the same may be purchased or obtained, unless permitted so to do by the regulations enacted by the division and then only in strict accordance with such regulations.
2. This section of the act shall not apply however:
   1. To the division.
   2. To the correspondence or general communications of the division, or its agents and employees.

A violation of this section shall constitute a misdemeanor.

History.

1939, ch. 222, § 907, p. 465; am. 2009, ch. 23, § 49, p. 53; am. 2012, ch. 113, § 15, p. 311.

§ 23-608. Added penalty — Forfeiture of license or permit — Transmission of record.

Whenever, in any court in this state, a defendant is convicted of a violation of title 23, Idaho Code, or of any law of this state relating to alcohol beverages including distilled spirits, beer or wine, or in any case in which it appears that the crime was committed while the defendant was under the influence of alcohol beverages, it shall be the duty of the court to include in its judgment the forfeiture of any license or permit issued to the defendant by the division or the Idaho state police pursuant to title 23, Idaho Code, and the court shall forthwith transmit to the issuing authority a certified copy of its judgment.

History.

1939, ch. 222, § 908, p. 465; am. 1999, ch. 59, § 6, p. 151; am. 2000, ch. 469, § 57, p. 1450; am. 2009, ch. 23, § 50, p. 53.

§ 23-609. Internal revenue receipt prima facie violation. [Repealed.]

Repealed by S.L. 2012, ch. 113, § 16, effective July 1, 2012.

History.

1939, ch. 222, § 909, p. 465; am. 1939, ch. 217, § 2, p. 459.

§ 23-610. Possession of liquor not subject to regulation by division — Illegal — Exceptions.

It shall be unlawful for any person, who is not a licensee as defined in chapter 9, title 23, Idaho Code, to possess more than two (2) quarts of alcoholic liquor that has not been subjected to regulation by the division, except public carriers transporting alcoholic liquor for the division. All licensees as defined in chapter 9, title 23, Idaho Code, shall have liquor to which is affixed the official seal or label prescribed by the liquor division.

History.

1939, ch. 222, § 910, as added by 1947, ch. 178, § 1, p. 435; am. 2009, ch. 23, § 51, p. 53; am. 2009, ch. 282, § 3, p. 849; am. 2010, ch. 19, § 3, p. 32; am. 2010, ch. 79, § 7, p. 133.

§ 23-611. Officers may seize illegal alcoholic liquor.

The director of the Idaho state police or any of his agents, any sheriff, constable or other peace officer who shall find any liquor, possessed, manufactured, transported, purchased, sold or disposed of by any person in violation of the provisions of this act, or any other laws of the state of Idaho, may forthwith seize and remove the same and keep the same as evidence, and upon conviction of the person, the said liquor and all packages and receptacles containing the same shall be forfeited to the state of Idaho and, in addition, persons so violating this act shall be subject to the other penalties herein prescribed.

History.

1939, ch. 222, § 911, as added by 1947, ch. 178, § 2, p. 435; am. 2012, ch. 113, § 17, p. 311.

§ 23-612. Beer, wine or other alcoholic beverages on public school grounds.

Every person who possesses or consumes any beer, wine or other alcoholic beverage while present at any public school function on the property of a school district is guilty of a misdemeanor. Persons under twenty-one (21) years of age who are found to be in violation of the provisions of this section because of their age shall be punished according to section 18-1502, Idaho Code.

History.

I.C.,§ 23-612, as added by 1980, ch. 389, § 1, p. 989; am. 1981, ch. 222, § 5, p. 412; am. 1982, ch. 110, § 4, p. 311; am. 1987, ch. 212, § 4, p. 448; am. 1990, ch. 344, § 1, p. 929.

§ 23-613. Grandfather clause. [Repealed.]

§ 23-614. Prohibited acts — Misdemeanors — Penalties.

1. It shall be unlawful for a licensee or his agent or employee to knowingly allow or engage in any of the following kinds of conduct on his licensed premises:
   1. Any live conduct or entertainment by any person whose genitals, female areola, anal cleft, anus, or pubic hair are exposed or who is wearing transparent clothing that reveals the genitals, female areola, anal cleft, anus, or pubic hair;
   2. Any live conduct or entertainment that includes sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any act that includes the penetration, however slight, by any object into the genital or anal opening of a person’s body;
   3. Any live conduct or entertainment that simulates sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any act that simulates the penetration, however slight, by any object into the genital or anal opening of a person’s body;
   4. Any live conduct or entertainment that includes the fondling of the breasts, buttocks, anus, vulva, or genitals;
   5. Individuals who are personally present and wearing or using any clothing or device that exposes in any way simulated genitals, female areola, anal cleft, anus, or pubic hair; or
   6. The showing of films, still pictures, electronic reproductions or other visual reproductions which are in violation of chapter 41, title 18, Idaho Code (indecency and obscenity), or are in violation of federal law regarding pornography, indecency or obscenity.
2. Supervision. It shall be unlawful for a licensee to fail to supervise in person or through a manager the business for which a permit is issued.
3. Exception. With the exception of subsection (l)(b) above, this section does not apply to any theatrical or artistic performance which, when considered as a whole and in the context that it is used, expresses matters of serious literary, artistic, scientific or political value and is:
   1. Held at a theater, concert hall, art center, museum, event center, or any other establishment or venue licensed under title 23, Idaho Code, and is held out to the public as predominately offering and which does offer such performances; or
   2. Held at a theater, concert hall, art center, museum, event center, or any other establishment or venue that does not fall within subsection (3)(a) above and is not predominately used to serve alcohol with live entertainment regulated under subsection (1)(a) through (e) of this section, but has a valid license under title 23, Idaho Code, and, if required by the city or county, a valid permit from the city or county to serve alcohol at such performance; and
   3. Is not in violation of chapter 41, title 18, Idaho Code (indecency and obscenity), or in violation of federal law regarding pornography, indecency or obscenity.
4. A violation of any of the provisions of this section by any agent, employee, or other person in any way acting on behalf of a licensee shall constitute a misdemeanor, and upon conviction such person shall be fined not less than the sum of one hundred dollars ($100) nor more than the sum of three hundred dollars ($300), or be imprisoned in the county jail for not less than thirty (30) days nor more than six (6) months, or both such fine and imprisonment. Any court in which a judgment of conviction is entered shall certify a copy thereof to the director, and the director shall thereupon commence administrative proceedings. The director shall review the circumstances and may take action he considers appropriate against the licensee including suspension of the license for not to exceed six (6) months, a fine, or both such suspension and fine or may revoke the license. (5) In addition to misdemeanor violations or other criminal proceedings instituted under this section, upon sufficient proof to the director, the director shall take administrative action as provided in subsection (4) of this section against any licensee in the event any person is found to have committed any of the above proscribed acts. The proceedings shall be in accordance with provisions of the administrative procedure act.

History.

I.C.,§ 23-614, as added by 2017, ch. 280, § 3, p. 731.

§ 23-615. Restrictions on sale.

No person licensed pursuant to title 23, Idaho Code, or his or its employed agents, servants or bartenders shall sell, deliver or give away, or cause or permit to be sold, delivered, or given away, or allowed to be consumed, any alcohol beverage, including any distilled spirits, beer or wine, to:

1. Any person under the age of twenty-one (21) years, proof of which shall be a validly issued state, district, territorial, possession, provincial, national or other equivalent government driver’s license, identification card or military identification card bearing a photograph and date of birth, or a valid passport.
2. Any person actually, apparently or obviously intoxicated.
3. An habitual drunkard.
4. An interdicted person.

Any person under the age of twenty-one (21) years, or other person, who knowingly misrepresents his or her qualifications for the purpose of entering licensed premises or for obtaining alcohol beverages from such licensee shall be equally guilty with such licensee and shall, upon conviction thereof, be guilty of a misdemeanor.

History.

I.C.,§ 23-615, as added by 1999, ch. 59, § 8, p. 151.

§ 23-616. Alcohol without liquid device — Powdered alcohol.

1. As used in this section:
   1. “Alcohol without liquid device” means any machine, device or process that mixes an alcoholic product with oxygen or another gas to produce vaporized alcohol for the purpose of consumption through inhalation.
   2. “Powdered alcohol” means any powder or crystalline substance containing alcohol that is produced for direct use or reconstitution. “Powdered alcohol” does not include alcoholic nonbeverages listed in section 23-504, Idaho Code.
   3. “Vaporized alcohol” means an alcoholic product created by mixing alcohol with oxygen or another gas to produce a vapor or mist for the purpose of consumption through inhalation.
2. A person shall not use or offer for use, possess, purchase, sell or offer for sale an alcohol without liquid device or powdered alcohol. No person licensed pursuant to title 23, Idaho Code, or his or its employed agents, servants or bartenders shall use or offer for use, possess, purchase, sell or offer for sale an alcohol without liquid device or powdered alcohol.
3. The Idaho state police may promulgate rules to allow for the possession, sale or use of an alcohol without liquid device or powdered alcohol by certain hospitals, universities, or pharmaceutical or biotechnology companies for bona fide research or medical purposes.
4. A person who violates this section shall be guilty of a misdemeanor. Upon conviction or a finding of guilt of a second or subsequent violation of this section, the defendant shall be punished by a fine of not less than three hundred dollars ($300), nor more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than one (1) year, or by both such fine and imprisonment.
5. Any violation of the provisions of this section by a person licensed pursuant to title 23, Idaho Code, shall constitute grounds for the suspension and revocation of any and all such licenses issued to such person.
6. An alcohol without liquid device or powdered alcohol as defined in this section and except as in this section authorized is hereby declared to be a public nuisance and in this title is referred to as a liquor nuisance pursuant to section 23-701, Idaho Code.

History.

I.C.,§ 23-616, as added by 2006, ch. 254, § 1, p. 792; am. 2016, ch. 277, § 1, p. 765.

§ 23-701. Liquor nuisance defined — Maintaining.

The conducting or maintaining of a place or of a vehicle of any sort for the manufacture, storage, transportation, sale, or dispensing of alcoholic liquor, except as in this act authorized, permitted, or licensed, is hereby declared to be a public nuisance and in this article is referred to as a liquor nuisance.

History.

1939, ch. 222, § 1001, p. 465.

§ 23-702. Building and equipment.

A building, vehicle, car, or boat where alcoholic liquors are manufactured, stored, transported, sold, or otherwise dispensed, or where persons are permitted to resort for the purpose of purchasing or drinking alcoholic liquor, except as in this act authorized, permitted, or licensed, and all alcoholic liquor, vessels, glasses, kegs, pumps, bars, and other property and equipment found or used in connection therewith are hereby declared to be a public nuisance and in this article such a public nuisance is referred to as a liquor nuisance.

History.

1939, ch. 222, § 1002, p. 465.

§ 23-703. Maintenance a misdemeanor.

Any person who conducts or maintains a liquor nuisance is guilty of a misdemeanor.

History.

1939, ch. 222, § 1003, p. 465.

§ 23-704. Abatement and prosecution.

Except as in this article otherwise provided, a liquor nuisance may be abated and a person maintaining a liquor nuisance may be prosecuted and punished, as provided by law in other cases of public nuisance.

History.

1939, ch. 222, § 1004, p. 465.

§ 23-705. Action for maintenance.

The prosecuting attorney may maintain an action of an equitable nature, as relator, in the name of the state of Idaho, to abate a liquor nuisance, perpetually to enjoin all persons from maintaining the same, and to enjoin the use of any structure or thing adjudged to be a liquor nuisance.

History.

1939, ch. 222, § 1005, p. 465.

§ 23-706. Temporary injunction.

Upon the filing of a verified complaint therefor, in any court of competent jurisdiction, the court or a judge at chambers, if satisfied that the liquor nuisance complained of exists, may allow a temporary writ of injunction, without bond, enjoining the defendant from maintaining any such nuisance within the jurisdiction of the court issuing such writ; but no such injunction shall issue unless it be made to appear to the satisfaction of the court that the owner or agent of the owner of such building or place knew, or had been personally served with notice, that such building or place was being so used and had failed to abate such nuisance, or that upon diligent inquiry such owner or agent of the owner could not be found within the state for the service of such preliminary notice.

History.

1939, ch. 222, § 1006, p. 465.

§ 23-707. Evidence of reputation admissible.

At all hearings upon the merits, evidence of the general reputation of the building or place constituting the alleged nuisance, of the inmates thereof, and of those resorting thereto, is admissible for the purpose of proving the existence of such nuisance.

History.

1939, ch. 222, § 1007, p. 465.

§ 23-708. Perpetual injunction and order of abatement — Execution of order.

If the existence of the nuisance is established, the court shall enter a decree perpetually restraining all persons from maintaining or permitting such nuisance, and from using the building or place in which the same is maintained for any purpose, for a period of one (1) year thereafter, unless such decree is sooner vacated, as hereinafter provided. While said decree remains in effect, such building or place shall be in the custody of the court.

An order of abatement shall also issue as a part of such decree, which order shall direct the sheriff of the county to remove from such building or place all fixtures and movable property used in conducting or aiding or abetting such nuisance, to sell the same in the manner provided by law for the sale of chattels under execution, to close such building or place against its use for any purpose, and to keep it closed for a period of one (1) year, unless sooner released as hereinafter provided. The sheriff’s fees for removing and selling the movable property shall be taxed as a part of the costs, and shall be the same as those for levying upon and selling like property under execution. For closing the building and keeping it closed the court shall allow a reasonable fee to be taxed as a part of the costs.

History.

1939, ch. 222, § 1008, p. 465.

§ 23-709. Disposition of proceeds of sale.

The proceeds of the sale of the movable property shall be applied in payment of the costs of the proceeding and of the abatement, and the balance, if any, shall be paid to the defendant or person owning said property upon the return of such sale.

History.

1939, ch. 222, § 1009, p. 465.

§ 23-710. Violation of injunction and order of abatement a contempt.

In case of the violation of any injunction or order of abatement issued under the provisions of this article, the court, or a judge at chambers, may summarily try and punish the offender for his contempt of court.

History.

1939, ch. 222, § 1010, p. 465.

§ 23-711. Release of building from injunction.

If the owner of such building or place has not been guilty of any contempt of court in the proceeding, and pays all costs of the proceeding and of the abatement and files a bond, with sureties to be approved by the court, in the penal sum of the full value of the property, to be ascertained by the court, or by a judge at chambers, conditioned that such owner will immediately abate such nuisance and prevent the same from being established or maintained therein within a period of one (1) year thereafter, the court shall vacate such decree and order of abatement, so far as the same may relate to such building or place, and shall also vacate the order directing the sale of the movable property. The release herein provided for shall not release such property from any judgment, lien, penalty, or liability to which it may otherwise be subject by law.

History.

1939, ch. 222, § 1011, p. 465.

§ 23-712. Costs a lien.

Whenever the costs shall be assessed under the provisions of this chapter against the owner of any property declared to be a liquor nuisance, such costs shall constitute a lien upon such property to the extent of the interest of such owner, and writ of execution shall issue thereon.

History.

1939, ch. 222, § 1012, p. 465.

§ 23-801. Primary duty of enforcement.

The penal provisions of this act shall be deemed to be an integral part of the penal code of this state and the sheriffs of the several counties and local peace officers are charged with the primary duty of enforcing such provisions; and the prosecuting attorneys of the several counties are charged with the primary duty of prosecuting violators thereof in penal actions and abatement proceedings.

History.

1939, ch. 222, § 1101, p. 465.

§ 23-802. Supervisory duty of attorney general.

If any prosecuting attorney, sheriff or local peace officer is guilty of nonfeasance, misfeasance or malfeasance in respect to his duties under this act, the attorney general of the state shall proceed against said offender in ouster or removal proceedings under chapter 41 of title 19[, Idaho Code], or as may be otherwise provided by law.

History.

1939, ch. 222, § 1102, p. 465.

§ 23-803. Attorney general may act as prosecutor.

The attorney general shall, in every county in the state, have the same powers as the prosecuting attorney thereof with respect to the prosecution of criminal actions and abatement proceedings under this act.

History.

1939, ch. 222, § 1103, p. 465.

§ 23-804. Duties of the Idaho state police and officers thereof.

The Idaho state police and the director thereof are hereby charged with the responsibility and duty of assisting in the policing of the state of Idaho to enforce and require the enforcement of the penal provisions of the Idaho liquor act in addition to other duties imposed upon them by law, notwithstanding the duties now, or which may be hereafter imposed upon sheriffs, police, or other officers to enforce the provisions of such laws. To accomplish such enforcement it is hereby made the duty of said director and every officer of the Idaho state police, whether employed specifically for the enforcement of the liquor act, or otherwise, to officially report every violation of such liquor act of which they have knowledge, or which is made known to them, to the sheriff, and prosecuting attorney of the respective county or counties in which such violations occur and sign complaints for such violations, which complaints said prosecuting attorney, sheriff, and other officers shall faithfully prosecute.

Said Idaho state police under the direction of the director thereof shall conduct investigations to obtain facts involving violations of the provisions of such laws and the said director shall appoint a chief of enforcement of such laws and may employ expert investigators, detectives, and secret officers to obtain such information and assist in such policing and enforcement.

History.

1939, ch. 222, § 1104, as added by 1943, ch. 175, § 1, p. 369; am. 1974, ch. 27, § 13, p. 811; am. 2000, ch. 469, § 58, p. 1450.

§ 23-805. Duties of prosecuting attorneys, sheriffs, and other officers.

It shall be the duty of the director of the division and every prosecuting attorney, sheriff, police or other peace officer to cooperate with the Idaho state police in the enforcement of such laws, and any such officer refusing to so cooperate or divulge any information he may have in any such prosecution shall be subject to action against him as provided in chapter 41, title 19, Idaho Code. Any such action may be brought in the name of the state of Idaho by any resident of the county, or officer of the state or county. Upon the conviction of a person for a violation of the provisions of the Idaho liquor act, or of the provisions of chapter 9, title 23, Idaho Code, the judge of the court imposing the judgment of conviction shall immediately send to the director of the Idaho state police a statement setting forth the title of the court, the name and residence of the defendants, the nature of the offense and the fine and sentence or judgment imposed.

History.

1939, ch. 222, § 1105, as added by 1943, ch. 175, § 2, p. 369; am. 1950 (E.S.), ch. 14, § 1, p. 25; am. 1974, ch. 27, § 14, p. 811; am. 1999, ch. 103, § 2, p. 327; am. 2000, ch. 469, § 59, p. 1450; am. 2009, ch. 23, § 52, p. 53.

§ 23-806. Liquor law enforcement account — Source — Appropriation

Purposes for which used. [Repealed.]

§ 23-807. Compelling attendance of witnesses — Immunity of witnesses — Authority of enforcement officers.

The director of the Idaho state police and any prosecuting attorney of any county, for the purposes contemplated by this act, have power to issue subpoenas, compel the attendance of witnesses, administer oaths, certify to official acts, take depositions within and without the state of Idaho, as now provided by law, compel the production of pertinent books, payrolls, accounts, papers, records, documents and testimony. If a person in attendance before such director or prosecuting attorney refuses, without reasonable cause, to be examined or to answer a legal and pertinent question, or to produce a book or paper or other evidence when ordered so to do by the director or prosecuting attorney, said director or prosecuting attorney may apply to the judge of the district court of the county where such person is in attendance, upon affidavit for an order returnable not less than two (2) or more than five (5) days, directing such person to show cause before such judge, or any other judge of such district, why he should not be punished for contempt; upon the hearing of such order, if the judge shall determine that such person has refused, without reasonable cause or legal excuse, to be examined or to answer a legal or pertinent question, or to produce a book or paper which he was ordered to bring or produce, he may forthwith punish the offender as for contempt of court.

No person shall be excused from testifying or from producing any books or papers or documents in any investigation or inquiry by or upon any hearing before any officer so authorized upon the ground that the testimony or evidence, books, papers or documents required of him may tend to incriminate him or subject him to penalty or forfeiture; but no person shall be prosecuted, punished or subjected to any penalty or forfeiture for or on account of any act, transaction, matter or thing concerning which he shall, under oath, have, by order of the said officer, testified to or produced documentary evidence of; provided, however, that no person so testifying shall be exempt from prosecution or punishment for any perjury testified by him.

Subpoenas shall be served and witness fees and mileage paid as allowed in civil cases in the district courts of this state.

Inspectors and investigators employed by the Idaho state police for the enforcement of this act shall have all the authority given by statute to peace officers of the state of Idaho, including authority to serve and execute warrants of arrest and warrants of search and seizure.

History.

1939, ch. 222, § 1107, as added by 1943, ch. 175, § 4, p. 369; am. 1974, ch. 27, § 15, p. 811; am. 2000, ch. 469, § 60, p. 1450.

§ 23-808. Legislative finding and intent — Cause of action.

1. The legislature finds that it is not the furnishing of alcoholic beverages that is the proximate cause of injuries inflicted by intoxicated persons and it is the intent of the legislature, therefore, to limit dram shop and social host liability; provided, that the legislature finds that the furnishing of alcoholic beverages may constitute a proximate cause of injuries inflicted by intoxicated persons under the circumstances set forth in subsection (3) of this section.
2. No claim or cause of action may be brought by or on behalf of any person who has suffered injury, death or other damage caused by an intoxicated person against any person who sold or otherwise furnished alcoholic beverages to the intoxicated person, except as provided in subsection (3) of this section.
3. A person who has suffered injury, death or any other damage caused by an intoxicated person, may bring a claim or cause of action against any person who sold or otherwise furnished alcoholic beverages to the intoxicated person, only if:
   1. The intoxicated person was younger than the legal age for the consumption of alcoholic beverages at the time the alcoholic beverages were sold or furnished and the person who sold or furnished the alcoholic beverages knew or ought reasonably to have known at the time the alcoholic beverages were sold or furnished that the intoxicated person was younger than the legal age for consumption of the alcoholic beverages; or
   2. The intoxicated person was obviously intoxicated at the time the alcoholic beverages were sold or furnished, and the person who sold or furnished the alcoholic beverages knew or ought reasonably to have known that the intoxicated person was obviously intoxicated.
4. 1. No claim or cause of action pursuant to subsection (3) of this section shall lie on behalf of the intoxicated person nor on behalf of the intoxicated person’s estate or representatives. (4)(a) No claim or cause of action pursuant to subsection (3) of this section shall lie on behalf of the intoxicated person nor on behalf of the intoxicated person’s estate or representatives.
   2. No claim or cause of action pursuant to subsection (3) of this section shall lie on behalf of a person who is a passenger in an automobile driven by an intoxicated person nor on behalf of the passenger’s estate or representatives.
5. No claim or cause of action may be brought under this section against a person who sold or otherwise furnished alcoholic beverages to an intoxicated person unless the person bringing the claim or cause of action notified the person who sold or otherwise furnished alcoholic beverages to the intoxicated person within one hundred eighty (180) days from the date the claim or cause of action arose by certified mail that the claim or cause of action would be brought.
6. For the purposes of this section, the term “alcoholic beverage” shall include alcoholic liquor as defined in section 23-105, Idaho Code, beer as defined in section 23-1001, Idaho Code, and wine as defined in section 23-1303, Idaho Code.

History.

I.C.,§ 23-808, as added by 1986, ch. 285, § 1, p. 708.

§ 23-901. Declaration of policy — Retail sale of liquor.

It is hereby declared as the policy of the state of Idaho that it is necessary to further regulate and control the sale and distribution within the state of alcoholic beverages and to eliminate certain illegal traffic in liquor now existing and to insure the entire control of the sale of liquor it is advisable and necessary, in addition to the operation of the state liquor stores now provided by law, that the director of the Idaho state police and the county commissioners and the councils of cities in the state of Idaho be empowered and authorized to grant licenses to persons qualified under this act to sell liquor purchased by them at state liquor stores at retail posted prices in accordance with this act and under the rules promulgated by said director and under his strict supervision and control and to provide severe penalty for the sale of liquor except by and in state liquor stores and by persons licensed under this act. The restrictions, rules, and provisions contained in this act are enacted by the legislature for the protection, health, welfare and safety of the people of the state of Idaho and for the purpose of promoting and encouraging temperance in the use of alcoholic beverages within the state of Idaho.

History.

1947, ch. 274, § 1, p. 870; am. 1974, ch. 27, § 16, p. 811; am. 2000, ch. 469, § 61, p. 1450.

§ 23-902. Definitions.

The following words and phrases used in this chapter shall be given the following interpretation:

1. “Club” includes any of the following organizations where the sale of spirituous liquor for consumption on the premises is made to members and to bona fide guests of members only:
   1. A post, chapter, camp or other local unit composed solely of veterans and their duly recognized auxiliary, and which is a post, chapter, camp or other local unit composed solely of veterans which has been chartered by the congress of the United States for patriotic, fraternal or benevolent purposes, and which has, as the owner, lessee or occupant, operated an establishment for that purpose in this state; or
   2. A chapter, aerie, parlor, lodge or other local unit of an American national fraternal organization, which has, as the owner, lessee or occupant, operated an establishment for fraternal purposes in this state and actively operates in not less than thirty-six (36) states or has been in continuous existence for not less than twenty (20) years; and which has no fewer than fifty (50) bona fide members in each unit, and which owns, maintains or operates club quarters, and is authorized and incorporated to operate as a nonprofit club under the laws of this state, and which has recognized tax exempt status under section 501(c)(8) or 501(c)(10) of the Internal Revenue Code, and has been continuously incorporated and operating for a period of not less than one (1) year. The club shall have had, during that period of one (1) year, a bona fide membership with regular meetings conducted at least once each month, and the membership shall be and shall have been actively engaged in carrying out the objects of the club. The club membership shall consist of bona fide dues-paying members, recorded by the secretary of the club, paying at least six dollars ($6.00) per year in dues, payable monthly, quarterly or annually; and the members at the time of application for a club license shall be in good standing, having paid dues for at least one (1) full year.
2. “Convention” means a formal meeting of members, representatives, or delegates, as of a political party, fraternal society, profession or industry.
3. “Director” means the director of the Idaho state police.
4. “Festival” means a period or program of festive activities, cultural events or entertainment lasting three (3) or more consecutive days.
5. “Gaming” means any and all gambling or games of chance defined in chapters 38 and 49, title 18, Idaho Code, or any section or sections thereof, whether those games are licensed or unlicensed.
6. “Interdicted person” means a person to whom the sale of liquor is prohibited under law.
7. “License” means a license issued by the director to a qualified person, under which it shall be lawful for the licensee to sell and dispense liquor by the drink at retail, as provided by law.
8. “Licensee” means the person to whom a license is issued under the provisions of law.
9. “Liquor” means all kinds of liquor sold by and in a state liquor store of the state of Idaho.
10. “Live performance” means a performance occurring in a theater and not otherwise in violation of any provision of Idaho law.
11. “Municipal license” means a license issued by a municipality of the state of Idaho under the provisions of law. (12) “Party” means a social gathering especially for pleasure or amusement and includes, but is not limited to, such social events as weddings, birthdays, and special holiday celebrations to include, but not be limited to, New Year’s celebrations, Super Bowl Sunday, St. Patrick’s Day, the Fourth of July and Labor Day.

(13) “Person” means any individual, corporation, business corporation, nonprofit corporation, benefit corporation as defined in section 30-2002(1), Idaho Code, partnership, limited partnership, limited liability company, general cooperative association, limited cooperative association, estate, unincorporated nonprofit association, statutory trust, business trust, common-law business trust, estate trust, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, any entity defined in section 30-21-102, Idaho Code, or any other commercial entity, whether conducting the business singularly or collectively.

(14) “Plaza” means a public square, marketplace, or similar open space in a city or town.

(15) “Premises” means the building and contiguous property owned or leased or used under a government permit by a licensee, as part of the business establishment in the business of sale of liquor by the drink at retail, which property is improved to include decks, docks, boardwalks, lawns, gardens, golf courses, ski resorts, courtyards, patios, poolside areas or similar improved appurtenances in which the sale of liquor by the drink at retail is authorized under the provisions of law.

(16) “Rules” means rules promulgated by the director in accordance with the provisions of law.

(17) “State liquor store” means a liquor store or distributor established under and pursuant to the laws of the state of Idaho for the package sale of liquor at retail.

(18) “Theater” means a room, place or outside structure for performances or readings of dramatic literature, plays or dramatic representations of an art form not in violation of any provision of Idaho law.

(19) “Brewery” means a place, premises or establishment for the manufacture, bottling or canning of beer.

(20) “Winery” means a place, premises or establishment within the state of Idaho for the manufacture or bottling of table wine or dessert wine for sale. Two (2) or more wineries may use the same premises and the same equipment to manufacture their respective wines, to the extent permitted by federal law.

(21) All other words and phrases used in this chapter, the definitions of which are not herein given, shall be given their ordinary and commonly understood and acceptable meanings.

History.

1947, ch. 274, § 2, p. 870; am. 1949, ch. 276, § 1, p. 565; am. 1974, ch. 27, § 17, p. 811; am. 1978, ch. 44, § 1, p. 78; am. 1983, ch. 203, § 1, p. 551; am. 1986, ch. 36, § 1, p. 118; am. 1999, ch. 58, § 1, p. 146; am. 2000, ch. 469, § 62, p. 1450; am. 2003, ch. 111, § 1, p. 348; am. 2016, ch. 153, § 1, p. 422; am. 2016, ch. 268, § 1, p. 721; am. 2016, ch. 357, § 1, p. 1048; am. 2017, ch. 58, § 11, p. 91; am. 2019, ch. 83, § 1, p. 198.

§ 23-903. License to retail liquor.

1. The director of the Idaho state police is hereby empowered, authorized, and directed to issue licenses to qualified applicants, as herein provided, whereby the licensee shall be authorized and permitted to sell liquor by the drink at retail and, upon the issuance of such license, the licensee therein named shall be authorized to sell liquor at retail by the drink, but only in accordance with the rules promulgated by the director and the provisions of this chapter. No license shall be issued for the sale of liquor on any premises outside the incorporated limits of any city except as provided in this chapter and the number of licenses so issued for any city shall not exceed one (1) license for each one thousand five hundred (1,500) of population of said city or fraction thereof, as established in the last preceding census, or any subsequent special census conducted by the United States bureau of the census or by an estimate that is statistically valid including adding the number of new residential utility connections or including adding the population of areas annexed into the city after the last census or special census was conducted, except that upon proper application thereof not more than two (2) licenses may be issued for each incorporated city with a population of one thousand five hundred (1,500) or less, unless the retail licensing of liquor by the drink has been previously disapproved under the provisions of sections 23-917, 23-918, 23-919, 23-920 and 23-921, Idaho Code; provided however, that any license heretofore issued may be renewed from year to year without regard to the population or status of the city for which such license is issued. Any license issued and which has remained in effect at its location for a consecutive period of ten (10) years or more shall be deemed to have been validly issued and may be renewed from year to year provided however, that the applicant for the renewal of such license is not otherwise disqualified for licensure pursuant to section 23-910, Idaho Code, and, if the premises required special characteristics for original licensure, other than being either within or without the incorporated limits of a city, that said premises continue to have such special characteristics at the time of the application for renewal.
2. Nothing herein contained shall prohibit the issuance of a license to the owner, operator or lessee of an actual bona fide golf course whether located within or without the limits of any city, or located on premises also operated as a winery or ski resort, or to the lessee of any premises situate thereon, whether located within or without the limits of any city. For the purpose of this section, a golf course shall comprise an actual bona fide golf course, which is regularly used for the playing of the game of golf, and having not less than nine (9) tees, fairways and greens laid out and used in the usual and regular manner of a golf course. Nine (9) hole courses must have a total yardage of at least one thousand (1,000) yards, and eighteen (18) hole courses must have a total yardage of at least two thousand (2,000) yards as measured by totaling the tee-to-green distance of all holes. The course must be planted in grass except that it may provide artificial tee mats. Where any such golf course is owned or leased by an association of members and is used or enjoyed by such members or their guests, none of the disqualifications contained in section 23-910, Idaho Code, shall apply to such association as a licensee where such disqualifications, or any of them, would apply only to a member of such association where such member has no interest therein except as a member thereof. (3) Also for the purpose of this section, a ski resort shall comprise real property of not less than ten (10) acres in size, exclusive of the terrain used for skiing and upon which the owner, operator or lessee of the ski resort has made available himself or through others, including, but not limited to, the owners of condominiums, permanent bona fide overnight accommodations available to the general public for one hundred (100) persons or more, and which real property is contiguous to or located within the area in which skiing occurs, and which real property is regularly operated as a ski resort in the wintertime, and where the owner, operator or lessee of the ski resort is also the owner, operator or lessee of the area served by a bona fide chair ski lift facility or facilities. Alternatively, for the purpose of this section, a ski resort may also be defined as a downhill ski area, open to the public, comprising real property of not less than two hundred fifty (250) skiable acres, operating two (2) or more chairlifts with a vertical lift of one thousand (1,000) feet or more, and capable of transporting a minimum of one thousand eight hundred (1,800) skiers per hour. A ski resort qualifying under this definition shall also have on the premises a lodge facility providing shelter and food service to the public, the operator of which shall also be the valid owner or lessee of the grounds and facilities upon which the ski resort offers downhill skiing services to the public. The fees for licenses granted to ski resorts shall be the same as those prescribed for golf courses as set forth in section 23-904, Idaho Code. Not more than one (1) licensed premises shall be permitted on any golf course or any ski resort or within the area comprising the same.

(4) Nothing herein contained shall prohibit the issuance of a license to the owner, operator or lessee of an actual bona fide equestrian facility located on not less than forty (40) contiguous acres, with permanently erected seating of not less than six thousand (6,000) seats, no part of which equestrian facility or the premises thereon is situate within the incorporated limits of any city, and which facility shall have at least three (3) days per year of a professionally sanctioned rodeo. Not more than one (1) licensed premises shall be permitted at any equestrian facility or within an area comprising such a facility. The fees for licenses granted to equestrian facilities shall be the same as those prescribed for golf courses as set forth in section 23-904, Idaho Code.

(5) Nothing herein contained shall prohibit the issuance of a license to the owner, operator or lessee of a restaurant operated on an airport owned or operated by a county or municipal corporation or on an airport owned or operated jointly by a county and municipal corporation, and which said airport is served by a trunk or local service air carrier holding a certificate of public convenience and necessity issued by the civil aeronautics board of the United States of America. Not more than one (1) license shall be issued on any airport.

(6) Nothing herein contained shall prohibit the issuance of one (1) club license to a club as defined in section 23-902, Idaho Code. The holder of a club license is authorized to sell and serve alcoholic beverages for consumption only within the licensed establishment owned, leased or occupied by the club, and only to bona fide members of the club, and to serve and to sell alcoholic beverages for consumption to bona fide members’ guests. A club license issued pursuant to the provisions of this section is not transferable and may not be sold. Any club license issued pursuant to the provisions of this section will revert to the director when, in his judgment, the licensee ceases to operate as a bona fide club as defined in section 23-902, Idaho Code. No club may hold a liquor license and a club license simultaneously. A club which on July 1, 1983, holds a liquor license, may continue to possess that license. Any club that possesses a liquor license on January 1, 1983, or thereafter, and then sells that liquor license, may not obtain a club license, and the director shall not issue a club license to that club for a period of five (5) years following such sale. The fee for any license issued to a qualifying club within an incorporated municipality shall be as prescribed in subsections (1), (2) and (3) of section 23-904, Idaho Code. The fee for any license issued to a qualifying club not situate within an incorporated municipality shall be as specified for golf courses under section 23-904(6), Idaho Code. The provisions of section 23-916, Idaho Code, regarding county and city licenses, shall pertain to club licenses. The burden of producing sufficient documentation of qualifications for club licensure shall be with the club applicant. (7) Nothing in this chapter to the contrary shall prohibit the issuance of a license to the owner, operator or lessee of an actual bona fide convention center that is within the incorporated limits of a city having a population of three thousand (3,000) or greater, and which city does not have located therein a convention center with a valid convention center license to sell liquor by the drink. For the purpose of this section, a convention center means a facility having at least thirty-five thousand (35,000) square feet of floor space or a facility having at least one hundred twenty (120) sleeping rooms and an adjoining meeting room that will accommodate not less than three hundred fifty (350) persons, whether or not such room may be partitioned into smaller rooms, and provided that such meeting room shall contain at least three thousand (3,000) square feet of floor space. Such license must be placed in actual use in said convention center within one (1) year from the date of its issuance. The fee for any license issued to a qualifying convention center shall be as prescribed in subsection (3) of section 23-904, Idaho Code. The holder of a convention center license shall not be eligible for the issuance of a license in the same city pursuant to any other provision of this chapter. For purposes of this section, the term “holder” shall include an owner, operator or lessee and shall include a stockholder, director or officer of a corporation or a partner in a partnership, which corporation or partnership has been issued a convention center license pursuant to this chapter. Not more than one (1) licensed premises shall be permitted on any convention center or within the area comprising the same, including convention centers that also comprise golf courses or ski resorts as herein defined.

(8) Nothing in this chapter shall prohibit the issuance of a license to the owner, operator or lessee of a food, beverage and/or lodging facility that has been in continuous operation in the same location for at least seventy-five (75) years, except for temporary closings for refurbishing or reconstruction, or a food, beverage and lodging facility serving the public by reservation only, having a minimum of five (5) rooms operating in a structure that has been in existence for at least seventy-five (75) years and has been on the historic register for a minimum of ten (10) years, is situated within five hundred (500) yards of a natural lake containing a minimum of thirty-six thousand (36,000) acre feet of water when full with a minimum of thirty-two (32) miles of shoreline, and is located in a county with a minimum population of sixty-five thousand (65,000). The provisions of section 23-910, Idaho Code, shall apply to licenses issued to continuous operation facilities. The fees shall be the same as those prescribed for golf courses as set forth in section 23-904, Idaho Code. (9) Nothing in this chapter shall prohibit the issuance of a license to a federally recognized Indian tribe as defined in section 67-4001, Idaho Code, which is an owner, operator or lessee of a food, conference and lodging facility located within the boundaries of the Indian tribe’s reservation and containing a minimum of thirty-five thousand (35,000) square feet and fifty (50) guest rooms. Licenses issued to Indian tribes are not transferable.

(10) Nothing in this chapter shall prohibit the issuance of a license to the owner, operator or lessee of the lodging, dining and entertainment facilities owned by a gondola resort complex and operated in conjunction with the other public services provided by a gondola resort complex located within the ownership/leasehold boundaries of a gondola resort complex.

A gondola resort complex means an actual bona fide gondola capable of transporting people for recreational and/or entertainment purposes at least three (3) miles in length with a vertical rise of three thousand (3,000) feet, portions of which may be located within or over the limits of one (1) or more cities.

(11) Nothing in this chapter shall prohibit the issuance of a license to the owner, operator or lessee of a winery also operating a golf course on the premises.

(12) Subject to approval of the mayor and city council, nothing in this chapter shall prohibit the issuance of a license to the owner, operator or lessee of a food, conference and lodging facility constructed after May 1, 2000, containing a minimum of thirty-five thousand (35,000) square feet and fifty-five (55) guest rooms with a minimum taxable value of three million dollars ($3,000,000) in a city with a population of less than five thousand (5,000) according to the most recent census.

(13) Nothing contained in this chapter shall prohibit the issuance of a license to the owner, operator or lessee of a conference and event center that is within the city limits of a resort city as defined in section 50-1044, Idaho Code, that has enacted local option nonproperty taxes in accordance with section 50-1046, Idaho Code, including, at the time of issuance, a resort city tax on sales of liquor by the drink, wine and beer sold at retail for consumption on the licensed premises. There shall be only one (1) conference and event center license to sell liquor by the drink issued per resort city pursuant to this subsection. For the purposes of this section, a conference and event center means facilities situated on premises consisting of a building or buildings and the contiguous property owned or leased and under common ownership or control by the licensee. Such facilities must provide not less than four thousand (4,000) square feet of enclosed space for conference and event purposes, exclusive of space dedicated by the licensee to the commercial kitchen. The commercial kitchen must include a type 1 commercial hood and cooking equipment, exclusive of microwave ovens and grills. The fee for any license issued to a qualifying licensee shall be as prescribed in section 23-904(1), (2) or (3), Idaho Code, depending on the population of the resort city in which the conference and event center is located and as prescribed in section 23-916, Idaho Code. A license issued pursuant to this section [subsection] may be renewed without regard to the population or status of the city for which the license was issued and without regard for the continuation of local option nonproperty taxes by the city, provided the applicant for renewal is not otherwise disqualified from licensure pursuant to section 23-910, Idaho Code. Not more than one (1) license shall be issued to a conference and event center. A conference and event center license shall not be transferable and may not be sold. For the purpose of issuance and maintenance of a license under this subsection, such facilities may serve liquor only while such facilities are hosting a conference or event. Nothing in this subsection shall excuse a conference and event center from complying with actual use standards in title 23, Idaho Code, or administrative rules promulgated pursuant to statutory authority granted under this title. (14) The provisions of section 23-910, Idaho Code, shall apply to licenses issued under the provisions of this section. The fees shall be the same as those prescribed for golf courses as set forth in section 23-904, Idaho Code. Except for licenses issued pursuant to subsection (1) of this section, licenses issued under the provisions of this section are not transferable to any other location, facility or premises.

History.

1947, ch. 274, § 3, p. 870; am. 1957, ch. 151, § 1, p. 250; am. 1959, ch. 118, § 1, p. 254; am. 1963, ch. 215, § 1, p. 622; am. 1965, ch. 35, § 1, p. 52; am. 1972, ch. 34, § 1, p. 53; am. 1974, ch. 27, § 18, p. 811; am. 1978, ch. 126, § 2, p. 285; am. 1983, ch. 167, § 1, p. 473; am. 1983, ch. 203, § 2, p. 551; am. 1984, ch. 244, § 1, p. 590; am. 1989, ch. 164, § 1, p. 411; am. 1989, ch. 207, § 1, p. 507; am. 1989, ch. 301, § 1, p. 749; am. 1990, ch. 252, § 1, p. 722; am. 1990, ch. 255, § 1, p. 729; am. 1990, ch. 392, § 1, p. 1098; am. 1992, ch. 233, § 1, p. 697; am. 1993, ch. 240, § 1, p. 845; am. 1995, ch. 358, § 1, p. 1214; am. 1996, ch. 349, § 1, p. 1167; am. 1997, ch. 263, § 1, p. 749; am. 2000, ch. 469, § 63, p. 1450; am. 2004, ch. 44, § 1, p. 165; am. 2006, ch. 449, § 3, p. 1333; am. 2008, ch. 335, § 1, p. 920; am. 2008, ch. 405, § 1, p. 1110; am. 2013, ch. 167, § 1, p. 382; am. 2013, ch. 278, § 1, p. 718; am. 2015, ch. 333, § 1, p. 1260.

§ 23-903a. License to retail liquor — Ski resorts — Cross-country skiing facilities.

If the director determines that an applicant or applicants are qualified to receive a ski resort or cross-country skiing facility license, he shall notify the chairman of the board of county commissioners in the county in which the ski resort or cross-country skiing facility license is to be issued. The county commissioners shall, within fifteen (15) days after receipt of notification from the director, approve or disapprove the issuance of the license. In the event the county commissioners do not approve the proposed license, a license shall not be issued.

History.

1972, ch. 34, § 2, p. 52; am. 1974, ch. 27, § 19, p. 811; am. 1987, ch. 32, § 1, p. 53.

§ 23-903b. Licenses issued to owners, operators or lessees of golf courses, ski resorts, cross-country skiing facilities and waterfront resorts — Limitations on sales or transfers.

No license issued to an owner, operator, or lessee of a golf course, ski resort, cross-country skiing facility or waterfront resort, as defined in sections 23-903, 23-948 and 23-952, Idaho Code, shall be transferable to another location or facility, except as otherwise provided in section 23-956, Idaho Code.

History.

I.C.,§ 23-903b, as added by 1979, ch. 256, § 1, p. 679; am. 1987, ch. 32, § 2, p. 53; am. 1991, ch. 137, § 1, p. 320; am. 2005, ch. 357, § 1, p. 1128.

§ 23-904. License fees.

Each licensee licensed under the provisions of this act shall pay an annual license fee to the director as follows:

1. For each license in a city of one thousand (1,000) population or less, three hundred dollars ($300) per annum.
2. For each license in a city of from one thousand (1,000) to three thousand (3,000) population, five hundred dollars ($500) per annum.
3. For each license in a city having a population of more than three thousand (3,000), seven hundred fifty dollars ($750) per annum.
4. For each railroad train for sale only in buffet, club or dining cars, fifty dollars ($50.00) per annum of the scheduled run of such train within the state of Idaho; provided, that such license shall be in full, and in lieu of all other licenses herein provided for.
5. For each common carrier boat line for sale only in buffet, club dining rooms, two hundred fifty dollars ($250) per annum. Such license shall be in full, and in lieu of all other licenses herein provided for.
6. For each license issued to the owner, operator, or lessee of a golf course as described in section 23-903, Idaho Code, or to the lessee of any premises situate on such golf course, situate in any county having a population of:
   1. Less than twenty thousand (20,000), two hundred dollars ($200) per annum;
   2. Twenty thousand (20,000) but less than forty thousand (40,000), three hundred dollars ($300) per annum; and
   3. Forty thousand (40,000) or more, four hundred dollars ($400) per annum.
7. For each common carrier airline for sale only in common carrier aircraft, two hundred fifty dollars ($250) per annum. Such license shall be in full, and in lieu of all other licenses herein provided for.
8. For each license issued to the owner, operator, or lessee of a restaurant operated on an airport, as described in section 23-903, Idaho Code, situate within the corporate limits of a city, the fee shall be the same as provided in paragraphs (1) through (3), inclusive, of this section.
9. For each license issued to the owner, operator, or lessee of a restaurant operated on an airport, as described in section 23-903, Idaho Code, situate without the corporate limits of a city, the fee shall be the same as provided in paragraph (6) of this section. Licenses issued under and pursuant to the provisions of this act shall expire at 1:00 o’clock a.m. on the first day of January of the following year.
10. For each license issued to an owner or operator of a year-round resort as described in section 23-957, Idaho Code, a one (1) time fee of twenty-five thousand dollars ($25,000), with a subsequent renewal fee of three thousand five hundred dollars ($3,500) per annum. For each license issued to an owner or operator of a beverage, lodging or dining facility within the premises of a year-round resort as described in section 23-957, Idaho Code, a one (1) time fee of twenty-five thousand dollars ($25,000) with a subsequent renewal fee of three thousand five hundred dollars ($3,500) per annum. For each license issued to a lessee of a beverage, lodging or dining facility within the premises of the year-round resort as described in section 23-957, Idaho Code, a one (1) time fee of twenty-five thousand dollars ($25,000) with a subsequent renewal fee of three thousand five hundred dollars ($3,500) per annum.

Provided that any licensee who operates for only a portion of a year may have his license fee prorated from the date he commences operation to the end of the calendar year, but in no event for less than six (6) months. In the event a licensee who was previously issued a license on a prorated basis under the provisions hereof desires to have such license renewed for the same period for the next succeeding year, he shall file his intention to so apply for such license with the director, accompanied by the fee required for the issuance of such license on or before December 31 of the year preceding.

The license fees herein provided for are exclusive of and in addition to other license fees chargeable in the state of Idaho.

The basis upon which respective populations of municipalities shall be determined is the last preceding census or any subsequent special census conducted by the United States bureau of the census, unless a direct enumeration of the inhabitants thereof be made by the state of Idaho, in which case such later direct enumeration shall constitute such basis.

History.

1947, ch. 274, § 4, p. 870; am. 1949, ch. 277, § 1, p. 567; am. 1953, ch. 125, § 1, p. 196; am. 1957, ch. 151, § 2, p. 250; am. 1959, ch. 118, § 2, p. 254; am. 1963, ch. 423, § 1, p. 1098; am. 1965, ch. 35, § 2, p. 52; am. 1967, ch. 143, § 1, p. 326; am. 1967, ch. 417, § 1, p. 1227; am. 1974, ch. 27, § 20, p. 811; am. 1991, ch. 137, § 2, p. 320; am. 2006, ch. 449, § 1, p. 1333; am. 2008, ch. 178, § 1, p. 529.

§ 23-905. Application for licenses — Penalty for false statements.

Prior to the issuance of a license as herein provided, the applicant shall file with the director an application, in writing, signed by the applicant and containing such information and statements relative to the applicant and the premises where the liquor is to be sold as may be required by the director. The application shall be verified by the affidavit of the person making the same before a person authorized to administer oaths and shall be accompanied with the license fee herein required.

In addition to setting forth the qualifications required by other provisions of this act, the application must show:

1. A detailed description of the premises for which a license is sought and its location.
2. A detailed statement of the assets and liabilities of the applicant.
3. The names and addresses of all persons who will have any financial interest in any business to be carried on in and upon the licensed premises, whether such interest results from open loans, mortgages, conditional sales contracts, silent partnerships, trusts or any other basis than open trade accounts incurred in the ordinary course of business, and the amounts of such interests.
4. The name and address of the applicant, which shall include all members of a partnership or association and the officers, members of the governing board and ten (10) principal stockholders of a corporation.
5. A copy of the articles of incorporation and bylaws of any corporation, the articles of association and the bylaws of any association, or the articles of partnership of any partnership.
6. If during the period of any license issued hereunder any change shall take place in any of the requirements of subparagraph (3), (4), or (5) of this section, the licensee shall forthwith make a written report of such change to the director.
7. If during the period of any license issued hereunder the licensee seeks to move his business from one premise to another in the same city, he may do so subject to the director’s approval that the new premise is suitable for the carrying on of the business.

If any false statement is made in any part of said application, or any subsequent report, the applicant, or applicants, shall be deemed guilty of a felony and upon conviction thereof shall be imprisoned in the state prison for not less than one (1) year nor more than five (5) years and fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or both such fine and imprisonment.

History.

1947, ch. 274, § 5, p. 870; am. 1974, ch. 27, § 21, p. 811; am. 1980, ch. 313, § 1, p. 802; am. 1991, ch. 137, § 3, p. 320; am. 1994, ch. 14, § 3, p. 20.

§ 23-906. Licenses for dining, buffet and club cars, common carrier boats, and common carrier airlines.

Any person operating any line of railroad using dining club or buffet cars in connection with regularly operated train service, or any common carrier boat or boats, or any common carrier airline, desiring a license to sell liquor under the provisions of this act in any such cars, boats, or common carrier aircraft shall apply to the director for a license, as in this act provided, accompanying the application with the license fee herein prescribed.

History.

1947, ch. 274, § 6, p. 870; am. 1963, ch. 423, § 2, p. 1098; am. 1974, ch. 27, § 22, p. 811.

§ 23-907. Investigation of applications.

Upon receipt of an application for a license under this act, accompanied by the necessary license fee, the director, within ninety (90) days thereafter, shall cause to be made a thorough investigation of all matters pertaining thereto. The investigation shall include a fingerprint-based criminal history check of the Idaho central criminal history database and the federal bureau of investigation criminal history database. Each person listed as an applicant on an initial application shall submit a full set of fingerprints and the fee to cover the cost of the criminal history background check for such person with the application. If the director shall determine that the contents of the application are true, that such applicant is qualified to receive a license, that his premises are suitable for the carrying on of the business, and that the requirements of this act and the rules promulgated by the director are met and complied with, he shall issue such license; otherwise the application shall be denied and the license fee, less the costs and expenses of investigation, returned to the applicant.

In making the investigation required by this section the director shall have the power to investigate and examine the books and records of the licensee and any person having a financial interest in any business to be conducted on the licensed premises, including, but not limited to, their bank accounts, returns filed under the Idaho income tax act, as amended, and any other sources of information deemed desirable by the director and not specifically prohibited by law.

History.

1947, ch. 274, § 7, p. 870; am. 1974, ch. 27, § 23, p. 811; am. 2001, ch. 284, § 1, p. 1014; am. 2016, ch. 77, § 1, p. 254.

§ 23-908. Form of license — Authority — Expiration — Limitations.

1. Every license issued under the provisions of this chapter shall set forth the name of the person to whom issued, the location by street and number, or other definite designation, of the premises, and such other information as the director shall deem necessary. If issued to a partnership, the names of the persons constituting such partnership shall be set forth in the application. If issued to a corporation or association, the names of the principal officers and the governing board shall be set forth in the application. Such license shall be signed by the licensee and prominently displayed in the place of business at all times. Every license issued under the provisions of this chapter is separate and distinct and no person except the licensee therein named except as herein otherwise provided, shall exercise any of the privileges granted thereunder. All licenses shall expire at 1:00 o’clock a.m. on the first day of the renewal month which shall be determined by the director by administrative rule and shall be subject to annual renewal upon proper application. The director will determine the renewal month by county based on the number of current licenses within each county, distributing renewals throughout the licensing year. The director may adjust the renewal month to accommodate population increases. Each licensee will be issued a temporary license to operate until their renewal month has been determined. Thereafter, renewals will occur annually on their renewal month. Renewal applications for liquor by the drink licenses accompanied by the required fee must be filed with the director on or before the first day of the designated renewal month. Any licensee holding a valid license who fails to file an application for renewal of his current license on or before the first day of the designated renewal month shall have a grace period of an additional thirty-one (31) days in which to file an application for renewal of the license. The licensee shall not be permitted to sell and dispense liquor by the drink at retail during the thirty-one (31) day extended time period unless and until the license is renewed. In any city of less than sixteen thousand (16,000) population, as established in the last preceding census or any subsequent special census conducted by the United States bureau of the census, no person shall be granted more than one (1) license in any city for any one (1) year; and no partnership, association or corporation in such city of less than sixteen thousand (16,000) population holding a license under the provisions of this chapter shall have as a member, officer or stockholder any person who has any financial interest of any kind in, or is a member of, another partnership or association or an officer of another corporation holding a license in the same city for the same year; provided that this section shall not prevent any person, firm or corporation, owning two (2) or more buildings on connected property in a city from making application for and receiving licenses permitting the sale of liquor by the drink in such building.
2. An application to transfer any license issued pursuant to chapter 9, title 23, Idaho Code, shall be made to the director. Upon receipt of such an application, the director shall make the same investigation and determinations with respect to the transferee as are required by section 23-907, Idaho Code, and if the director shall determine that all of the conditions required of a licensee under chapter 9, title 23, Idaho Code, have been met by the proposed transferee, then the license shall be indorsed over to the proposed transferee by said licensee for the remainder of the period for which such license has been issued and the director shall issue a license to the transferee.
3. The director, in his discretion, may deny the transfer of a license during the pendancy [pendency] of any proceedings for suspension or revocation which were instituted pursuant to the terms of this chapter.
4. Each new license issued on or after July 1, 1980, shall be placed into actual use by the original licensee at the time of issuance and remain in use for at least six (6) consecutive months or be forfeited to the state and be eligible for issue to another person by the director after compliance with the provisions of section 23-907, Idaho Code. Such license shall not be transferable for a period of two (2) years from the date of original issuance, except as provided by subsection (5)(a), (b), (c), (d) or (e) of this section.
5. The fee for transferring a liquor license shall be ten percent (10%) of the purchase price of the liquor license or the cost of good will, whichever is greater; except no fee shall be collected in the following events:
   1. The transfer of a license between husband and wife in the event of a property division; or
   2. The transfer of a license to a receiver, trustee in bankruptcy or similar person or officer; or
   3. The transfer of a license to the heirs or personal representative of the estate in the event of the death of the licensee; or
   4. The transfer of a license arising out of the dissolution of a partnership where the license is transferred to one (1) or more of the partners; or
   5. The transfer of a license within a family whether an individual, partnership or corporation.
6. The fee for transferring a liquor license for other than a sale shall be fifty percent (50%) of the per annum license fee set forth in section 23-904, Idaho Code; except no fee shall be collected for transfers as outlined in subsection (5)(a), (b), (c), (d) or (e) of this section.

History.

1947, ch. 274, § 8, p. 870; am. 1949, ch. 276, § 2, p. 565; am. 1959, ch. 118, § 3, p. 254; am. 1967, ch. 143, § 2, p. 326; am. 1974, ch. 27, § 23, p. 811; am. 1977, ch. 143, § 1, p. 316; am. 1978, ch. 353, § 1, p. 936; am. 1980, ch. 313, § 2, p. 802; am. 1981, ch. 75, § 1, p. 106; am. 1991, ch. 28, § 1, p. 54; am. 1991, ch. 283, § 1, p. 729; am. 2001, ch. 30, § 1, p. 43.

§ 23-909. Bond. [Repealed.]

§ 23-910. Persons not qualified to be licensed.

No license shall be issued to:

1. Any person, or any one (1) of its members, officers, or governing board, who has, within three (3) years prior to the date of making application, been convicted of any violation of the laws of the United States, the state of Idaho, or any other state of the United States, or of the resolutions or ordinances of any county or city of this state, relating to the importation, transportation, manufacture or sale of alcoholic liquor or beer; or who has been convicted of, paid any fine, been placed on probation, received a deferred sentence, received a withheld judgment or completed any sentence of confinement for any felony within five (5) years prior to the date of making application for any license.
2. A person who is engaged in the operation, or interested therein, of any house or place for the purpose of prostitution or who has been convicted of any crime or misdemeanor opposed to decency and morality.
3. A person whose license issued under this act has been revoked; an individual who was a member of a partnership or association which was a licensee under this act and whose license has been revoked; an individual who was an officer, member of the governing board or one (1) of the ten (10) principal stockholders of a corporation which was a licensee under this act and whose license has been revoked; a partnership or association one (1) of whose members was a licensee under this act and whose license was revoked; a corporation one (1) of whose officers, member of the governing board or ten (10) principal stockholders was a licensee under the provisions of this act and whose license has been revoked; an association or partnership, one (1) of whose members was a member of a partnership or association licensed under the provisions of this act and whose license has been revoked; a partnership or association, one (1) of whose members was an officer, a member of the governing board, or one (1) of the ten (10) principal stockholders of a corporation licensed under the provisions of this act and whose license has been revoked; a corporation, one (1) of whose officers, member of the governing board, or ten (10) principal stockholders was a member of a partnership or association licensed under the provisions of this act and whose license was revoked; a corporation, one (1) of whose officers, member of the governing board, or ten (10) principal stockholders was an officer, member of the governing board, or one (1) of the ten (10) principal stockholders of a corporation licensed under the provisions of this act and whose license was revoked.
4. Any officer, agent, or employee of any distillery, winery, brewery, or any wholesaler, or jobber, of liquor or malt beverages except as provided in section 23-912, Idaho Code. This prohibition shall not apply to officers, agents, or employees of any winery operating a golf course on the same premises as the winery.
5. A person who does not hold a retail beer license issued under the laws of the state of Idaho.
6. Any license, held by any licensee disqualified under the provisions of this section from being issued a license, shall forthwith be revoked by the director.

History.

1947, ch. 274, § 10, p. 870; am. 1957, ch. 124, § 1, p. 205; am. 1961, ch. 28, § 1, p. 37; am. 1963, ch. 423, § 3, p. 1098; am. 1969, ch. 406, § 1, p. 1126; am. 1991, ch. 179, § 1, p. 442; am. 1992, ch. 315, § 1, p. 937; am. 1994, ch. 14, § 5, p. 20; am. 1996, ch. 349, § 2, p. 1167; am. 1999, ch. 141, § 1, p. 403.

§ 23-911. Restrictions on manufacturers, transporters or distillers.

Except as provided in section 23-912, Idaho Code, no manufacturer, rectifier, wholesaler, stockholder, shareholder, partner, or the owner of any other interest in any corporations, association or partnership financially interested in the manufacture, transportation or sale of liquor shall furnish, give, rent, lend or sell any equipment or fixtures directly or indirectly, or through a subsidiary or affiliate or by any officer, director, or firm member of the industry or otherwise furnish financial aid to any person engaged in the sale of liquor hereunder and no licensee hereunder shall receive or be the beneficiary of any of the benefits hereby prohibited.

History.

1947, ch. 274, § 11, p. 870; am. 1973, ch. 75, § 1, p. 121; am. 1999, ch. 141, § 2, p. 403.

§ 23-912. Restrictions of persons interested in premises.

1. Except as provided in subsection (2) of this section, no manufacturer, rectifier, wholesaler, stockholder, shareholder, partner or the owner of any other interest in any corporation, association or partnership financially interested in the manufacture, transportation (except public carriers) or sale of liquor shall hold any interest in any premise licensed hereunder for the sale of liquor or receive any rental or remuneration from any such premise.
2. A manufacturer, rectifier, wholesaler, stockholder, shareholder, partner or the owner of any interest in any corporation, association or partnership financially interested in the manufacture, transportation or sale of liquor may hold interest in a licensed premises if the licensed premises serves food cooked on the site of the licensed premises, and the person or entity can show through recordkeeping that no more than fifty percent (50%) of the gross revenue to the licensed premises is derived from the sale of alcoholic beverages on-site. The owner of the licensed premises pursuant to this subsection shall comply with and be subject to all other rules, regulations or other provisions of law which apply to manufacturers, rectifiers, wholesalers, stockholders, shareholders, partners or the owners of any interest in any corporation, association or partnership financially interested in the manufacture, transportation or sale of liquor save and except as such rules, regulations or laws may restrict such sales at the licensed premises. The holder of a license pursuant to this section shall not be disqualified from holding a beer license, a retail wine license or wine by the drink license for the sale of beer or wine at the licensed premises on the grounds that the licensee is also a manufacturer, wholesaler, stockholder, shareholder, partner or the owner of any interest in any corporation, association or partnership financially interested in the manufacture, transportation or sale of liquor, beer or wine. This subsection shall not be deemed to grant a license for the retail sale of liquor by the drink and the license must be obtained through normal lawful means.

History.

1947, ch. 274, § 12, p. 870; am. 1999, ch. 141, § 3, p. 403.

§ 23-913. Licensee not allowed near churches or schools — Exceptions.

No license shall be issued for any premises in any neighborhood which is predominantly residential or within 300 feet of any public school, church, or any other place of worship, measured in a straight line to the nearest entrance to the licensed premises, except with the approval of the governing body of the municipality; provided, that this limitation shall not apply to any duly licensed premises that at the time of licensing did not come within the restricted area but subsequent to licensing same [came] therein.

History.

1947, ch. 274, § 13, p. 870.

§ 23-914. Licensee must purchase from division — Price.

All liquor sold by any licensee shall be purchased from the division through its regular retail stores and distributing stations at the posted price thereof. The division is hereby authorized and directed to make such sales pursuant to section 23-309, Idaho Code, upon a special permit issued to such licensee in such form as shall be prescribed by the director of the division. The posted price as used herein shall mean the retail price of such liquor as fixed and determined by the division.

It shall be unlawful for any licensee to sell, or keep for sale, or have on his premises for any purpose whatsoever, any liquor except that purchased as herein authorized and provided, and any licensee found in possession of, selling or keeping for sale any liquor not purchased as herein authorized shall be guilty of a felony and upon conviction thereof shall be fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or by imprisonment in the state prison for not more than five (5) years, or by both such fine and imprisonment. Any license issued to such person shall be immediately and permanently revoked. The amount of liquor to be sold to licensees hereunder in any city or village shall be determined by the director or other executive officer of the division, but such sales shall be regulated so as to maintain adequate stocks of merchandise for sale to persons other than said licensees.

The provisions of this section notwithstanding, railroad companies shall have the right to have in their possession liquors other than those purchased from the division.

History.

1947, ch. 274, § 14, p. 870; am. 1949, ch. 277, § 2, p. 567; am. 1988, ch. 216, § 2, p. 410; am. 2009, ch. 23, § 53, p. 53; am. 2012, ch. 113, § 18, p. 311.

§ 23-915. Officers may seize illegal liquor.

The director, or any of his agents, any sheriff, constable, or other police officer who shall find any liquor kept or held by any person in violation of the provisions of this act may forthwith seize and remove the same and keep the same as evidence and upon conviction of the person for violation of the provisions hereof, the said liquor, and all packages or receptacles containing the same, shall be forfeited to the state of Idaho and in addition the person so violating this act shall be subject to the other penalties herein prescribed.

History.

1947, ch. 274, § 15, p. 870; am. 1974, ch. 27, § 25, p. 811.

§ 23-916. County and city licenses.

In addition to the licensing and control herein provided for the retail sale of liquor by the drink, each county and incorporated city in the state of Idaho is hereby authorized and empowered to license the sale of liquor by the drink at retail within the corporate limits of such city. The respective local authorities may impose and collect license fees for the use and benefit of such city not to exceed seventy-five percent (75%) of the amount of the license fee collected by the director as herein provided and for the use and benefit of such county not to exceed twenty-five percent (25%) of the amount of the license fee collected by the director as herein provided. The governing authority of such city may provide further regulations for the control of such business, and the board of county commissioners of any county may fix the fee for, and may regulate and control the use of, any license issued for the sale of liquor by the drink at retail in any licensed premises not situate within the incorporated limits of any city, not in conflict with the provisions of this act.

History.

1947, ch. 274, § 16, p. 870; am. 1957, ch. 151, § 3, p. 250; am. 1974, ch. 27, § 26, p. 811.

§ 23-917. Referendum — Local option.

No license shall be issued hereunder until on or after July 1, 1947. Within sixty (60) days after the effective date of this chapter a petition in writing signed by not less than twenty percent (20%) of the registered, qualified electors of any city may be filed with the clerk of said city as their protest against the issuance of any license in said city under the provisions of this chapter. In the event said petition is presented, the governing body of any such city shall, within five (5) days after the presentation of said petition, meet and determine the sufficiency thereof by ascertaining whether said petition is signed by the required number of registered, qualified electors of the city affected. In the event the governing body of said city determines that said petition is signed by the required percentage of registered, qualified electors, said city governing body shall forthwith make an order calling an election to be held within said city, subject to the provisions of section 34-106, Idaho Code, in accordance with the provisions of title 34, Idaho Code, which shall apply to the holding of the election provided for in this section, except where specifically modified herein. In addition to the other requirements of law, the notice of election shall notify the electors of the issue to be voted upon at said election.

History.

1947, ch. 274, § 17, p. 870; am. 1995, ch. 118, § 12, p. 417; am. 2009, ch. 341, § 7, p. 993.

§ 23-918. Form of ballot.

The county clerk must furnish the ballots to be used in such election, which ballots must contain the following words:

“Sale of liquor by the drink, Yes,”

“Sale of liquor by the drink, No,”

and the elector in order to vote must indicate the elector’s choice opposite one (1) of the questions in a space provided therefor.

History.

1947, ch. 274, § 18, p. 870; am. 2009, ch. 341, § 8, p. 993.

§ 23-919. Effect of election — Liquor store sales not affected.

Upon a canvass of the votes cast, the county board of canvassers shall certify the result to the city who shall report the results to the director. If a majority of the votes cast are “Sale of liquor by the drink, Yes,” licenses shall be issued in said city as in this chapter provided. If a majority of the votes cast are “Sale of liquor by the drink, No,” then no licenses shall be issued in said city unless thereafter authorized by a subsequent election in said city; provided, however, that nothing herein contained shall be construed to prevent or prohibit the sale of liquor at or by a state liquor store or state distributor.

History.

1947, ch. 274, § 19, p. 870; am. 1974, ch. 27, § 27, p. 811; am. 2009, ch. 341, § 9, p. 993.

§ 23-920. Subsequent elections.

A similar election may be subsequently called and held upon the issue of whether the sale of liquor by the drink shall be prohibited or, if prohibited, then an election to determine whether the sale of liquor by the drink shall be licensed. Such subsequent election shall be held upon the filing of a petition, as provided in section 23-917, signed by the requisite percentage of qualified electors. No such subsequent election shall be held prior to November 1, 1949, or oftener than two (2) years after the holding of any such subsequent election.

History.

1947, ch. 274, § 20, p. 870.

§ 23-921. No retail sale except by the drink.

It shall be unlawful for any licensee to sell, keep for sale, dispense, give away, or otherwise dispose of any liquor in the original containers or otherwise than by retail sale by the drink.

History.

1947, ch. 274, § 21, p. 870.

§ 23-922, 23-922A. Bartenders — Permits — Qualifications — Penalty — Display of permit to peace officer. [Repealed.]

§ 23-923. Bartenders

Bonds. [Repealed.]

§ 23-924, 23-925. Bartenders — Renewal and revocation of permit — Unlawful employment. [Repealed.]

§ 23-925a. Railroad companies

Exception. [Repealed.]

§ 23-926. Destruction of stamps — Sanitary requirements.

It shall be the duty of any licensee hereunder immediately upon emptying any liquor container to deface, so that the same may not again be used, all government or state stamps or labels. Any licensed premises shall be maintained in sanitary condition according to the requirements of chapter 16, title 39, Idaho Code, and any city ordinances pertaining thereto.

History.

1947, ch. 274, § 24, p. 870; am. 1974, ch. 247, § 1, p. 1624.

§ 23-927. Hours of sale of liquor.

1. No liquor shall be sold, offered for sale, or given away upon any licensed premises, and all liquor not in sealed bottles must be locked in a separate room or cabinet during the following hours:
   1. a. Sunday, Memorial Day, Thanksgiving and Christmas from 1 o’clock A.M., to 10 o’clock A.M. the following day; provided however, that on any Sunday not otherwise being a prescribed holiday, it shall be lawful for a licensee having banquet area or meeting room facilities, separate and apart from the usual dispensing area (bar room) and separate and apart from a normal public dining room unless such dining room is closed to the public, to therein dispense liquor between the hours of 2 o’clock P.M. and 11 o’clock P.M. to bona fide participants of banquets, receptions or conventions for consumption only within the confines of such banquet area or meeting room facility.
   2. b. On any other day between 1 o’clock A.M. and 10 o’clock A.M.
   3. c. When any city or county has any ordinance further limiting the hours of sale of liquor, by the drink, then such hours shall be fixed by such ordinance.
2. A county or city may, however, by ordinance, allow the sale of liquor by the drink on a Sunday, Memorial Day and Thanksgiving, and may also extend until 2 o’clock A.M. the hours of the sale of liquor by the drink.
3. Any patron present on the licensed premises after the sale of liquor has stopped as provided in subsection (1) and subsection (2) above shall have a reasonable time, not to exceed thirty (30) minutes, to consume any beverages already served.
4. Any person who consumes or intentionally permits the consumption of any alcoholic beverage upon licensed premises after the time provided for in subsection (3) shall be guilty of a misdemeanor.
5. It shall be the duty of every person who is employed at or upon a licensed premises or who owns or manages a licensed premises and is present upon the licensed premises during the hours and at the time set forth in subsection (1) and subsection (2) of this section to lock up and keep locked up in a locked room or locked cabinet all unsealed containers of liquor during the hours and at the times set forth in subsection (1) and subsection (2) of this section, and any such person who fails to perform the duty provided herein shall be guilty of a misdemeanor.

History.

1947, ch. 274, § 25, p. 870; am. 1971, ch. 95, § 1, p. 207; am. 1977, ch. 143, § 3, p. 316; am. 1986, ch. 223, § 1, p. 609; am. 1987, ch. 110, § 1, p. 222; am. 1989, ch. 64, § 8, p. 101; am. 2003, ch. 284, § 1, p. 769; am. 2008, ch. 248, § 2, p. 729.

§ 23-928. Sale away from licensed premises prohibited — Gambling prohibited.

1. It shall be unlawful for any licensee to sell, give away, dispense, vend, or deliver any liquor in any fashion or by means or device, except upon the licensed premises.
2. It shall be unlawful for any licensee granted a license under the authority of title 23, Idaho Code, to permit, conduct, play, carry on, open or cause to be opened any gaming in or upon the licensed premises or in or upon any premises directly connected by a door, hallway, or other means of access from the licensed premises. Any licensee authorized under the authority of this title and who is also authorized by other Idaho law to conduct the lawful activities of lottery, bingo, raffles, and pari-mutuel betting on the licensed premises shall be exempt from the provisions of this subsection as long as the lawful activities are conducted in conformity with statute and rules promulgated pursuant thereto.

History.

1947, ch. 274, § 26, p. 870; am. 1997, ch. 343, § 1, p. 1027.

§ 23-929. Restriction of sales by licensee. [Repealed.]

§ 23-930. Officers may examine premises.

The director or his duly authorized representative, the sheriff of any county, a constable, or other police officer, shall have the right at any time to make an examination of the premises of any licensee as to whether the laws of the state of Idaho, the rules and regulations of the director, and the ordinances of any city are being complied with and shall also have the right to inspect the cars of any railroad system licensed under this act.

History.

1947, ch. 274, § 28, p. 870; am. 1974, ch. 27, § 30, p. 811.

§ 23-931. Advertising prohibited.

It shall be unlawful for any licensee to adopt or use any name, sign or advertisement outside of the licensed premises advertising the handling or sale of liquor.

History.

1947, ch. 274, § 29, p. 870.

§ 23-932. Director to make regulations — Furnish forms and records.

For the purpose of the administration of this act the director shall make, promulgate and publish such rules and regulations as the said director may deem necessary for carrying out the provisions of this act and for the orderly and efficient administration hereof, and except as may be limited or prohibited by law and the provisions of this act, such rules and regulations so made and promulgated shall have the force of statute. Every licensee shall advise himself of such rules and regulations, and ignorance thereof shall be no defense. Without limiting the generality of the foregoing provisions, the said director shall be empowered and it is made his duty to prescribe forms to be used in the administration of this act, the proof to be furnished and the conditions to be observed in the issuance of licenses, prescribing forms or records to be kept of the sale of liquor by stores, prescribing notices required by this act or the regulations thereof, and the manner of giving and serving the same, prescribing, subject to the provisions of this act, the conditions and qualifications necessary to obtain a license, the books and records to be kept by the licensee, the form of returns to be made by them, and providing for the inspection of such licensed premises, specifying and describing the place and manner in which the liquor may be lawfully kept or stored, covering the conduct, management and equipment of premises licensed to sell liquor and make regulations respecting the sale and consumption of liquor in clubs, hotels and other places of business to licensees.

History.

1947, ch. 274, § 30, p. 870; am. 1974, ch. 27, § 31, p. 811.

§ 23-933. Suspension, revocation, and refusal to renew licenses.

1. The director may suspend, revoke, or refuse to renew a license issued pursuant to the terms of this chapter for any violation of or failure to comply with the provisions of this chapter or rules and regulations promulgated by the director or the state tax commission pursuant to the terms and conditions of this chapter. Procedures for the suspension, revocation, or refusal to grant or renew licenses issued under this chapter shall be in accordance with the provisions of chapter 52, title 67, Idaho Code.
2. When the director determines to suspend such license, the affected licensee may petition the director prior to the effective date of the suspension requesting that a monetary payment be allowed in lieu of the license suspension. If the director determines such payment to be consistent with the purpose of the laws of the state of Idaho and is in the public interest, he shall establish a monetary payment in an amount not to exceed five thousand dollars ($5,000). The licensee may reject the payment amount determined by the director, and instead be subject to the suspension provisions of subsection (1) of this section. Upon payment of the amount established, the director shall cancel the suspension period. The director shall cause any payment to be paid to the treasurer of the state of Idaho for credit to the state’s general account in the state operating fund.
3. The suspension of a license for the sale of beer or wine shall automatically result in the suspension of any license for the sale of liquor held by the same licensee and issued for the same premises or location. Such additional suspension shall be equal in length to and run concurrently with the period of the original suspension.
4. When a proceeding to revoke or suspend a license has been or is about to be instituted, during the time a renewal application of such license is pending before the director, the director shall renew the license notwithstanding the pending proceedings, but such renewed license may be revoked or suspended without hearing if and when the previous license is, for any reason, revoked or suspended.

History.

I.C.,§ 23-933, as added by 1980, ch. 223, § 2, p. 497; am. 1981, ch. 199, § 1, p. 351; am. 1991, ch. 50, § 1, p. 91; am. 1993, ch. 347, § 1, p. 1290.

§ 23-933A. Licenses — Suspension or revocation for violation of obscenity laws.

In the event of a conviction for a violation of chapter 41, title 18, Idaho Code, relating to obscenity, by any:

1. licensee,
2. agent of licensee or
3. employee or licensee if such licensee knew or should have known in the exercise of reasonable diligence that said employee was violating the provisions of chapter 41, title 18, Idaho Code,

and if the violation committed by any of the above occurred on, or in connection with, premises licensed under this act by such licensee, the director shall suspend the license of such licensee for a period of six (6) months. If such licensee, or his agent or employee, has previously been convicted of a violation of chapter 41, title 18, Idaho Code, relating to obscenity, which violation occurred on, or in connection with, the premises licensed under this act by such licensee, the director shall revoke the license of such licensee.

History.

I.C.,§ 23-933A, as added by 1973, ch. 305, § 19, p. 655; am. 1974, ch. 27, § 33, p. 811.

§ 23-933B. Procedure for other licensing authorities.

The licensing authority of any county or incorporated municipality shall have and exercise the same powers to revoke, suspend, or to refuse grant of renewal of a retailer’s license issued or issuable by it, as are granted to the director in this act. The determination of any such licensing authority to revoke, suspend, or to refuse grant of renewal of any retailer’s license, shall be upon the same grounds referred to in section 23-933, Idaho Code, and may also be upon the grounds that the licensee has violated an ordinance validly enacted by it and regulating, governing or prohibiting the sale, manufacture, transportation or possession of beer or intoxicating liquor and notice thereof shall be given, and proceedings to contest said determination allowed, as provided for in this act with respect to state licenses issued by the director. The order to show cause shall be addressed to the board of county commissioners of the county or to the city council of the incorporated municipality, requiring the commissioners or councilmen, or such representative as they may designate, to appear in response thereto. Service of the order to show cause and petition shall be ordered to be made upon the chairman of the board of county commissioners or mayor or city manager of the municipality, as the case may be.

History.

I.C.,§ 23-933B, as added by 1977, ch. 143, § 4, p. 316.

§ 23-934. Unlicensed rooms unlawful — Exception.

It shall be unlawful for any person to keep or maintain any rooms or premises in which liquor is received or kept, whether owned by such person or by another, or to which liquor is brought, for consumption on the premises by members of the public or of any club, incorporated or unincorporated, or a corporation or association, unless such person and the premises are licensed under this act, except as provided under a liquor catering permit.

History.

I.C.,§ 23-934, as added by 1955, ch. 227, § 1, p. 499; am. 1965, ch. 211, § 1, p. 484.

§ 23-934A. Alcohol beverage catering permit — Application.

An alcohol beverage catering permit is a permit issued pursuant to this section that authorizes the permittee to serve and sell liquor by the drink, beer and wine, or beer, or wine, at a festival or convention, for a time period not to exceed five (5) consecutive days, with an option to request one (1) permit extension on the same terms and conditions as the original permit, which extension may be issued or denied at the sole and absolute discretion of the original issuing entity, or at a party for a time period not to exceed two (2) consecutive days. An alcohol beverage catering permit shall be limited to authorization to sell liquor or beer or wine, or any combination thereof, based upon the type of license the applicant possesses. Applications for such permit shall be made to the city within which the liquor, beer or wine is to be served, or if not within a city then to the county, on such form as prescribed by the city or county which shall contain at a minimum, but not limited to, the following information:

1. The name and address of the applicant and the number of his state liquor, beer or wine license.
2. The dates and hours during which the original permit is to be effective, not to exceed five (5) consecutive days.
3. The names of the organizations, groups, or persons sponsoring the event.
4. The address at which the liquor, beer or wine is to be served, and if a public building, the rooms in which the liquor, beer or wine is to be served.

The application shall be verified by the applicant and filed with the appropriate governing body or its designee. A filing fee in the amount of twenty dollars ($20.00) for each day the permit is to be effective shall be paid to the treasury of the governing body which shall not be refunded in any event. Any alcohol beverage catering permit shall be valid only within the issuing jurisdiction.

No alcohol beverage catering permit issued pursuant to this section shall be used on a licensed premise. An alcohol beverage catering permit issued pursuant to this section shall only be exercised by the licensee on record.

History.

I.C.,§ 23-934A, as added by 1965, ch. 211, § 2, p. 484; am. 1970, ch. 258, § 1, p. 690; am. 1974, ch. 27, § 34, p. 811; am. 1987, ch. 58, § 1, p. 104; am. 1992, ch. 57, § 1, p. 167; am. 1999, ch. 58, § 2, p. 146; am. 2016, ch. 268, § 2, p. 721.

§ 23-934B. Filing of application — Approval.

Upon the filing of an application for an alcohol beverage catering permit, the city council or its designee, or county commissioners or their designee receiving the application shall, upon the advice and recommendation of the chief of police and chief of fire or sheriff, approve or disapprove the application and indicate the determination on the face of the application by endorsement signed by the clerk of the city or county. The chief of police and chief of fire are, or the sheriff is, authorized to endorse an application for an alcohol beverage catering permit with sufficient conditions to ensure public safety. Copies of the application with signed endorsements thereon shall be mailed, delivered by electronic mail or delivered immediately to the chief of police or sheriff, the director and the applicant, and a signed copy retained by the clerk. An application approved in this manner shall constitute an alcohol beverage catering permit.

History.

I.C.,§ 23-934B, as added by 1965, ch. 211, § 2, p. 484; am. 1970, ch. 258, § 2, p. 690; am. 1974, ch. 27, § 35, p. 811; am. 1987, ch. 58, § 2, p. 104; am. 1992, ch. 57, § 2, p. 167; am. 1999, ch. 58, § 3, p. 146; am. 2016, ch. 268, § 3, p. 721.

§ 23-934C. Regulatory and penalty provisions applicable.

All of the regulatory and penal provisions of title 23, Idaho Code, shall apply to the exercise of alcohol beverage catering permits, including the penalties for violations thereof, except such provisions declared to be inapplicable to alcohol beverage catering permits by rules prescribed by the director of the Idaho state police; provided, however, the director shall have no power to declare inapplicable any of the provisions of section 23-927, Idaho Code.

History.

I.C.,§ 23-934C, as added by 1965, ch. 211, § 2, p. 484; am. 1999, ch. 58, § 4, p. 146; am. 2000, ch. 469, § 64, p. 1450.

§ 23-935. Violation — Misdemeanors.

A violation of any of the provisions of this act by any agent, employee, servant, or other person in any way acting in behalf of the licensee shall be presumed to be a violation by the licensee. Any person violating any of the provisions of this act, except where a specific penalty is provided, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than the sum of one hundred dollars ($100) nor more than the sum of three hundred dollars ($300) or be imprisoned in the county jail for not less than thirty (30) days nor more than six (6) months, or both such fine and imprisonment. Any court in which a judgment of conviction against any licensee shall be entered shall forthwith certify a copy thereof to the director and the director shall thereupon give intended notice of revocation of any license to such convicted person.

History.

1947, ch. 274, § 32, p. 870; am. 1970, ch. 258, § 3, p. 690; am. 1974, ch. 27, § 36, p. 811.

§ 23-936. Duty of public officers.

It is hereby made the duty of the prosecuting attorneys, sheriffs, and all constables and peace officers of the counties or municipalities knowing of any violation of this act to make complaint before the proper tribunal and perform the duties of their offices with respect to the prosecution and conviction of such offenders. Any such officer knowingly refusing to inform against or prosecute any offender under the provisions of this act shall be subject to action against him as provided in chapter 41, title 19, Idaho Code.

History.

1947, ch. 274, § 33, p. 870; am. 1999, ch. 103, § 3, p. 327.

§ 23-937. Violation a moral nuisance.

Any violation of the provisions of this act or any rule or regulation of the director promulgated hereunder shall constitute a moral nuisance under the provisions of section 52-204, Idaho Code.

History.

1947, ch. 274, § 34, p. 870; am. 1974, ch. 27, § 37, p. 811.

§ 23-938. Selling liquor without license — Penalty.

Any person who sells or keeps for sale any liquor without a license as provided in this act shall be guilty of a felony and upon conviction thereof shall be fined not less than one thousand dollars ($1,000) or [nor] more than five thousand dollars ($5,000), or be imprisoned in the state prison for not less than one (1) year nor more than five (5) years, or both such fine and imprisonment.

History.

1947, ch. 274, § 35, p. 870.

§ 23-939. Separability.

If any clause, sentence, paragraph, section, or any part of this act, shall be declared and adjudged to be invalid and/or unconstitutional, such invalidity or unconstitutionality shall not affect, invalidate, or nullify the remainder of this act.

History.

1947, ch. 274, § 36, p. 870.

§ 23-940. Alcohol beverage control fund.

1. There is hereby created in the state treasury the alcohol beverage control fund. All moneys from license and transfer fees that are collected by the director pursuant to the provisions of this chapter shall be paid over to the state treasurer for deposit in the alcohol beverage control fund. Expenditures of moneys in the fund shall be subject to legislative appropriation for the use of the Idaho state police alcohol beverage control bureau in carrying out the provisions of title 23, Idaho Code, and the rules promulgated by the director thereunder. At the beginning of each fiscal year, those moneys in the alcohol beverage control fund that exceed two hundred percent (200%) of that fiscal year appropriation, as certified by the state treasurer, shall be transferred to the general fund.
2. All other moneys collected by the director pursuant to the provisions of this chapter shall be paid over to the state treasurer for deposit in the general fund.

History.

1947, ch. 274, § 37, p. 870; am. 1974, ch. 27, § 38, p. 811; am. 2012, ch. 160, § 1, p. 435.

§ 23-941. Declaration of public policy.

It is hereby declared that the intent of this act is to restrict persons under the ages herein specified from entering, remaining in or loitering in or about certain places, as herein defined, which are operated and commonly known as taverns, barrooms, taprooms and cocktail lounges and which do not come within the definition of restaurant as herein contained and are not otherwise expressly exempted from the restrictions herein contained.

History.

1955, ch. 195, § 1, p. 420.

§ 23-942. Definitions.

The following definitions shall apply in the interpretation of the enforcement of this act:

1. “Licensee” shall mean any person licensed to sell liquor by the drink at retail pursuant to the provisions of chapter 9, title 23, Idaho Code, and any person licensed to sell beer for consumption on the premises where sold pursuant to the provisions of chapter 10, title 23, Idaho Code, or county or municipal ordinance.
2. “Place,” as used in this act, means any room of any premises licensed for the sale of liquor by the drink at retail wherein there is a bar and liquor, bar supplies and equipment are kept and where beverages containing alcoholic liquor are prepared or mixed and served for consumption therein, and any room of any premises licensed for the sale of beer for consumption on the premises wherein there is a bar and beer, bar supplies and equipment are kept and where beer is drawn or poured and served for consumption therein.
3. “Restaurant,” as used in this act, means any restaurant, cafe, hotel dining room, coffee shop, cafeteria, railroad dining car or other eating establishment having kitchen and cooking facilities for the preparation of food and where hot meals are regularly served to the public.

History.

1955, ch. 195, § 2, p. 420.

§ 23-943. Persons under specified ages forbidden to enter, remain in or loiter at certain licensed places.

No person under the age of twenty-one (21) years shall enter, remain in or loiter in or about any place, as herein defined, licensed for the sale of liquor by the drink at retail, or sale of beer for consumption on the premises; nor shall any licensee of either such place, or any person in charge thereof, or on duty while employed by the licensee therein, permit or allow any person under the age specified with respect thereto to remain in or loiter in or about such place.

Provided, however, it is lawful for persons who are musicians and singers eighteen (18) years of age or older, to enter and to remain in any place as defined in section 23-942, Idaho Code, but only during and in the course of their employment as musicians and singers. Provided further, that it is lawful for persons who are nineteen (19) years of age or older to sell, serve, possess or dispense liquor, beer or wine in the course of their employment in any place as defined in section 23-942, Idaho Code, or in any other place where liquor, beer or wine are lawfully present, so long as such place is the place of employment for such person under twenty-one (21) years of age. However the foregoing shall not permit the sale or distribution of any alcoholic beverages to any person under the ages specified for sale of alcoholic beverages.

History.

1955, ch. 195, § 3, p. 420; am. 1971, ch. 59, § 1, p. 134; am. 1972, ch. 330, § 5, p. 828; am. 1972, ch. 332, § 1, p. 834; am. 1987, ch. 212, § 6, p. 448.

§ 23-943A. Identification.

It shall be a misdemeanor for any person to refuse to present identification indicating age, when requested by a peace officer of the state of Idaho when: (a) he or she shall possess, purchase, attempt to purchase or consume alcoholic liquor, as defined by section 23-105, Idaho Code; or (b) he or she shall possess, purchase, attempt to purchase or consume beer as defined by section 23-1001, Idaho Code; or (c) he or she is on a premises licensed to sell liquor by the drink at retail, or licensed to sell beer for consumption on the premises.

History.

I.C.,§ 23-943A, as added by 1977, ch. 264, § 1, p. 772.

§ 23-944. Exceptions from restriction on entering or remaining.

It shall not be unlawful for, nor shall section 23-943, Idaho Code, be construed to restrict, any person under the age of twenty-one (21) years from entering or being:

1. Upon the premises of any restaurant, as herein defined, or in any railroad observation or club car or any airplane of a commercial airline, notwithstanding that such premises may also be licensed for the sale of liquor by the drink or for the sale of beer for consumption on the premises or that alcoholic beverages, or beer, or both, are prepared, mixed or dispensed and served and consumed therein;
2. In any building, a part or portion of which is used as a place, as herein defined, provided such place is separated or partitioned from the remainder of said building and access to such place through a doorway or doorways or other means of ingress can be controlled to prevent persons under the ages specified with respect thereto in section 23-943, Idaho Code, from entering therein;
3. In any baseball park, sports arena, convention center, multipurpose arena, plaza, theater that is presenting live performances, or fairgrounds, notwithstanding that such premises or any portion thereof may be licensed for the sale of liquor by the drink, wine or beer for consumption on the premises or that such products are dispensed and served and consumed therein; provided, that the person under the age of twenty-one (21) years is attending a lawful activity, show, exhibition, performance or event on the premises or is required to be present as a condition of his employment. It is lawful for persons under the age of twenty-one (21) years to enter and remain in a baseball park, sports arena, convention center, multipurpose arena, plaza, theater that is presenting live performances, or fairgrounds as long as the activity, show, exhibition, performance or event is lawful and the person does not violate section 23-949, Idaho Code;
4. Upon the premises of any licensed brewery or winery notwithstanding that such premises or any portion thereof may also be licensed for the sale of beer or wine for consumption on the premises or that beer or wine is dispensed and served and consumed therein;
5. Upon the licensed premises of a wine retailer, wholly owned and operated by a licensed winery that retails exclusively the products of that winery;
6. At a location, other than a liquor, beer, or wine licensed premises, authorized to serve alcoholic beverages under a valid alcohol beverage catering permit; or
7. In any movie theater that is allowed to sell beer or wine for consumption on the premises pursuant to a valid license and which movie theater had a license that was valid and not suspended or revoked on January 1, 2006, or any other theater or movie theater built prior to January 1, 1950, and listed on the national register of historic places. No films, still pictures, electronic reproductions or other visual reproductions that are in violation of chapter 41, title 18, Idaho Code (indecency and obscenity), or are in violation of federal law regarding pornography, indecency or obscenity shall be shown or displayed on the premises. As used in this subsection, “movie theater” means a motion picture theater that is being utilized solely for exhibition of a motion picture.

History.

1955, ch. 195, § 4, p. 420; am. 1972, ch. 330, § 6, p. 828; am. 1972, ch. 332, § 2, p. 834; am. 1987, ch. 212, § 7, p. 448; am. 1990, ch. 320, § 1, p. 876; am. 1999, ch. 58, § 5, p. 146; am. 2000, ch. 361, § 1, p. 1198; am. 2003, ch. 111, § 2, p. 348; am. 2006, ch. 378, § 1, p. 1171; am. 2016, ch. 357, § 2, p. 1048; am. 2019, ch. 83, § 2, p. 198; am. 2019, ch. 87, § 1, p. 212; am. 2020, ch. 9, § 1, p. 10.

§ 23-945. Posting signs as to restriction.

Every licensee herein referred to shall keep a sign conspicuously posted over or near each entrance to any place from which persons under twenty-one (21) years are herein restricted giving public notice of such fact. The wording and size of such signs shall be in accordance with such regulations as the director may prescribe.

History.

1955, ch. 195, § 5, p. 420; am. 1972, ch. 330, § 7, p. 828; am. 1972, ch. 332, § 3, p. 834; am. 1974, ch. 27, § 39, p. 811; am. 1987, ch. 212, § 8, p. 448.

§ 23-946. Statement made by licensees of premises operated as restaurants — Indorsement upon license.

1. Every applicant for a state license for the sale of liquor by the drink or for the sale of beer for consumption on the premises claiming that the premises for which such license is sought constitute and are operated as a restaurant, as herein defined, shall, on each application for state license and on each application for renewal of license, state that such premises constitute and are operated as such restaurant. Upon issuance of state license for the sale of liquor by the drink or for the sale of beer for consumption on the premises, for premises constituting and operated as a restaurant, the licensee of which has made the proper statement on the application, the director shall indorse on the face of the license the fact that it has been issued to a restaurant as herein defined. Unless such statement shall have been filed with the director and his said indorsement shall appear on the face of the license, the restrictions contained in section 23-943, Idaho Code, shall apply, notwithstanding that such premises may in fact constitute and be operated as a restaurant, and the posting of signs as provided for in section 23-945, Idaho Code, shall be required. The filing of any false statement on the application as herein required shall be grounds for suspension or revocation of license. If premises, licensed as a restaurant under this act, subsequently ceases to meet the qualifications of a restaurant, as defined in section 23-942, Idaho Code, the restrictions contained in section 23-943, Idaho Code, shall apply and the posting of signs as provided for in section 23-945, Idaho Code, shall be required. In such event the licensee shall advise the director, by mail, that his premises no longer constitute a restaurant, so that the license may be modified accordingly.
2. The powers of the director to make, promulgate and publish rules and regulations as set forth in section 23-932, Idaho Code, shall apply to sections 23-941 to 23-946, Idaho Code.

History.

1955, ch. 195, § 5, p. 420; am. 1957, ch. 45, § 1, p. 80; am. 1974, ch. 27, § 40, p. 811; am. 1991, ch. 137, § 8, p. 320.

§ 23-947. Violations of act a misdemeanor.

The violation of any of the provisions of this act shall constitute a misdemeanor.

History.

1955, ch. 195, § 7, p. 420.

§ 23-948. Waterfront resorts — Licensing even if outside corporate limits of city.

1. Nothing contained in section 23-903, Idaho Code, shall prohibit the issuance of a license to the owner, operator or lessee of a waterfront resort, even if situated outside the incorporated limits of a city. The provisions of section 23-910, Idaho Code, shall apply to licenses issued under the provisions of this section. For the purpose of this section, a waterfront resort shall comprise real property with not less than two hundred (200) feet of lake frontage upon a lake or reservoir as defined by the army corps of engineers of not less than one hundred sixty (160) acres, or river frontage upon a river with at least an average six (6) months’ flow of eleven thousand (11,000) cubic feet per second, and shall be open to the public, where people assemble for the purpose of vacationing, boating or fishing, and each waterfront resort must have suitable docks or permanent improved boat launching facilities not less than sixteen (16) feet in width on property owned or leased by the resort operator or on property contiguous thereto owned by this state or the federal government open to the public for recreational uses for the purpose of caring for vacationers, or other recreational users and either of the following:
   1. Hotel or motel accommodations for not less than fifty (50) persons, including a full-service restaurant that serves regularly at least two (2) meals per day to the public during a continuous period of at least four (4) months per year; or
   2. A building of not less than three thousand (3,000) square feet of public use floor space, including a full-service restaurant that serves regularly at least two (2) meals per day to the public during a continuous period of at least four (4) months per year and paved or gravelled parking for fifty (50) automobiles on the operator’s owned or leased property and any contiguous property upon which are the docks or boat launching facilities described above.
2. The fees for licenses granted under the provisions of this section shall be the same as those prescribed for golf courses as set forth in section 23-904, Idaho Code, unless said resort is located within the corporate limits of a city or village, in which case the license fee shall be the same as for other licensees within such corporate limits.
3. The provisions of this section shall not be construed to interfere with the privileges of the holder of a lake resort license issued under this section prior to the effective date of this section.
4. Licenses issued pursuant to this section shall remain valid and may be transferred according to the provisions of this chapter even if the lake, reservoir or river on which the waterfront resort is situated ceases to meet the requirements provided in subsection (a) of this section.

History.

I.C.,§ 23-948, as added by 1959, ch. 151, § 1, p. 348; am. 1967, ch. 123, § 1, p. 118; am. 1986, ch. 145, § 1, p. 407; am. 1988, ch. 333, § 1, p. 999; am. 2018, ch. 226, § 1, p. 517.

§ 23-949. Persons not allowed to sell, serve or dispense beer, wine or other alcoholic liquor.

It is unlawful for any person under the age of twenty-one (21) years to sell, serve or dispense beer, wine or other alcoholic liquor; provided, however, that any person who is nineteen (19) years of age or older may sell, serve and dispense liquor, beer or wine in the course of his employment in any place as defined in section 23-942, Idaho Code, or other place where liquor, beer or wine is lawfully present so long as such place is the place of employment for such person under twenty-one (21) years of age.

For purposes of this section, a person who sells, serves or dispenses liquor, beer or wine in compliance with the provisions of this section shall not be deemed to “possess” alcohol in violation of section 23-604, Idaho Code.

Any person violating the provisions of this section shall be guilty and punished in accordance with section 18-1502, Idaho Code.

History.

I.C.,§ 23-949, as added by 1961, ch. 18, § 1, p. 21; am. 1972, ch. 330, § 8, p. 828; am. 1978, ch. 374, § 1, p. 980; am. 1981, ch. 222, § 4, p. 412; am. 1982, ch. 110, § 5, p. 311; am. 1987, ch. 212, § 9, p. 448; am. 2000, ch. 334, § 1, p. 1125; am. 2016, ch. 344, § 5, p. 987.

§ 23-950. Restriction against transfer of license.

1. No license issued under the provisions of this chapter shall be renewed, transferred, assigned, leased or sold if:
   1. The state tax commission has notified the director and the licensee in writing that any tax imposed by chapters 30 and 36, title 63, Idaho Code, interest, penalty, and additional amount, which has accrued as a result of the operation of the licensed premises has been assessed as that term is defined in section 63-3045A, Idaho Code, against the licensee or any person operating the licensed premises with the permission of the licensee; or
   2. The department of labor has notified the director and the licensee in writing that a lien has been filed against the licensee or any person operating the licensed premises with the permission of the licensee, as a result of the operation of the licensed premises securing amounts due pursuant to chapter 13, title 72, Idaho Code.
2. At such time as the state tax commission or the department of labor has notified the director and licensee as herein provided, the license issued for the premises the operation of which has resulted in the accrual of the tax for which the warrant or lien is outstanding shall be subject to levy and distraint pursuant to chapter 30, title 63, Idaho Code, or seizure pursuant to section 72-1360A, Idaho Code.

History.

I.C.,§ 23-950, as added by 1981, ch. 6, § 1, p. 13; am. 1987, ch. 86, § 6, p. 161; am. 2005, ch. 5, § 1, p. 6; am. 2007, ch. 360, § 12, p. 1061.

§ 23-951. Distilled spirits fuels. — (1) Any person, partnership, association or corporation registered to produce alcohol for use in motor fuels and in possession of a federal operating permit pursuant to title 27, code of federal regulations, part 201.131

201.138 or part 201.64, 201.65 shall not be deemed to be making alcoholic liquor within the meaning of section 23-105, Idaho Code, provided:

1. Such person, partnership, association or corporation prior to commencing operation furnishes the Idaho state police with a true copy of the operating permit application described in title 27, code of federal regulations, part 201.137 or 201.65 and a true copy of the operating permit or other authorizing document;
2. Such person, partnership, association or corporation faithfully complies with all security and supervision requirements of the federal government; and
3. Alcohol possessed or produced under the federal operating permit is not used, sold or made available for human consumption.

(2) The Idaho state police shall maintain a list of persons, partnerships, associations or corporations in the state of Idaho who hold federal operating permits as described in subsection (1) of this section.

History.

I.C.,§ 23-950, as added by 1981, ch. 56, § 1, p. 85; am. 2000, ch. 469, § 65, p. 1450.

§ 23-952. Cross-country skiing facility — Licensing even if outside corporate limits of city.

Nothing contained in law shall prohibit the issuance of a license to the owner, operator or lessee of an actual cross-country skiing facility if situated five (5) or more miles outside the corporate limits of a city. The provisions of section 23-910, Idaho Code, shall be applicable to licenses issued pursuant to this section. For the purposes of this section, a cross-country skiing facility shall comprise real property, open to the public, with not less than fifteen (15) miles of groomed cross-country skiing trails, and overnight accommodations for not less than twenty (20) persons. The fees for licenses granted under the provisions of this section shall be the same as those prescribed for golf courses as set forth in section 23-904, Idaho Code. Not more than one (1) licensed premises shall be permitted on any cross-country skiing facility or within the area comprising the facility.

History.

I.C.,§ 23-952, as added by 1987, ch. 32, § 3, p. 53.

§ 23-953. Racing facilities — Licensing.

Nothing contained in this chapter shall prohibit the issuance of a license to the owner, operator or lessee of a racing facility, even if situated outside the incorporated limits of a city. A “racing facility” means an actual, bona fide racing facility located on not less than twenty (20) contiguous acres with permanently erected seating of not less than one thousand (1,000) capacity, and which has a license to conduct pari-mutuel racing. The provisions of section 23-910, Idaho Code, shall apply to licenses issued under the provisions of this section. The fees for licenses granted under the provisions of this section shall be the same as those prescribed for golf courses as set forth in section 23-904, Idaho Code. Licenses issued under the provisions of this section are not transferable.

History.

I.C.,§ 23-953, as added by 1988, ch. 287, § 1, p. 921.

§ 23-954. Theme parks — Licensing.

Nothing contained in this chapter shall prohibit the issuance of a license to the owner, operator or lessee of a theme park, even if situated outside the incorporated limits of a city. A “theme park” means a facility located on not less than forty (40) contiguous acres, and permanently constructed for the purpose of conducting, presenting or providing activities and services normally related to family oriented entertainment and recreational programs, which is open to the public and which provides meeting facilities. The provisions of section 23-910, Idaho Code, shall apply to licenses issued under the provisions of this section. The fees for licenses granted under the provisions of this section shall be the same as those prescribed for golf courses as set forth in section 23-904, Idaho Code.

History.

I.C.,§ 23-954, as added by 1988, ch. 307, § 1, p. 962.

§ 23-955. Split ownership facility — Licensing.

Nothing contained in this chapter shall prohibit the issuance of a license to the owner, operator or lessee of a premises that has been, because of a split in ownership of the original premises, separated from a ski resort facility or golf course already licensed under the provisions of section 23-903, Idaho Code. The provisions of section 23-910, Idaho Code, shall be applicable to licenses issued pursuant to this section. The fees for licenses granted under the provisions of this section shall be the same as those prescribed for golf courses as set forth in section 23-904, Idaho Code. Licenses issued under the provisions of this section are not transferable.

History.

I.C.,§ 23-955, as added by 1994, ch. 432, § 1, p. 1396; am. 1995, ch. 145, § 1, p. 612; am. 2004, ch. 259, § 1, p. 734.

§ 23-956. Continuation of golf course liquor license following change of land use.

Nothing contained in this chapter shall prohibit the issuance of a license to the owner, operator, or lessee of a premises previously licensed as a golf course under the provisions of section 23-903, Idaho Code, following termination of the golf course use and conversion of the premises to another use or uses, provided that the golf course was licensed as a golf course under the provisions of section 23-903, Idaho Code, for a minimum of twenty (20) years prior to such termination. The provisions of section 23-910, Idaho Code, shall be applicable to licenses issued pursuant to this section. The fees for licenses granted under the provisions of this section shall be the same as those prescribed for golf courses as set forth in section 23-904, Idaho Code, unless the premises is located within the incorporated limits of any city, in which case the fee shall be the same as that prescribed for a license in a city of that size as set forth in section 23-904, Idaho Code. Licenses issued under the provisions of this section are not transferable away from the premises. Upon termination of the golf course use, no part of the premises shall be eligible for the issuance of an additional license pursuant to section 23-955, Idaho Code, due to a split in ownership which occurs after such termination. The eligibility to obtain a license pursuant to this section following termination of the golf course use shall, in the event of a later split in ownership of the premises, be allocated to one (1) of the parcels resulting from such split, either by contract between the parties to the split or by grant or reservation in the deed of conveyance. In the event the contract between the parties or the deed of conveyance fails to specify which parcel retains eligibility under this section, eligibility shall be deemed to be retained by the parcel upon which is, or was, located the greater share of physical improvements at or within which alcohol was served prior to the split in ownership. Upon any further split of the parcel retaining eligibility to obtain a license pursuant to this section, the same restrictions shall apply to the new split in ownership and any future splits of the parcel retaining such eligibility, such that there shall never be more than one (1) license issued pursuant to this section for the land constituting the original golf course premises. Nothing in this section shall prohibit the issuance of a license to the owner, operator or lessee of any split-off parcel to the extent such parcel qualifies for a license under any other provision of this chapter.

History.

I.C.,§ 23-956, as added by 2005, ch. 357, § 2, p. 1128.

§ 23-957. Year-round [resort] liquor license.

1. Nothing in this chapter shall prohibit the issuance of not more than twelve (12) licenses to the owner, operator or lessee of beverage, lodging or dining facilities located and operated within the ownership, boundaries, or leasehold premises of a year-round resort.
2. Nothing contained in this chapter shall prohibit the issuance of a license to the owner, operator or lessee of a golf course, ski resort, cross-country skiing facility or waterfront resort, as defined in sections 23-903, 23-903a and 23-948, Idaho Code, located within the ownership, boundaries, or leasehold premises of a year-round resort, provided that such license shall count against the maximum number of licenses allowed by subsection (1) of this section.
3. No license issued to the owner, operator or lessee of beverage, lodging or dining facilities located and operated within the ownership, boundaries, or leasehold premises of a year-round resort shall be transferable to another location or facility located outside the ownership, boundaries, or leasehold premises of the year-round resort.
4. The fees for licenses granted to the owner, operator or lessee of beverage, lodging or dining facilities located and operated within the ownership, boundaries, or leasehold premises of a year-round resort shall be the same as those prescribed for year-round resorts in section 23-904(10), Idaho Code.
5. “Year-round resort” means a resort open to the public year-round that shall have all of the following within the ownership, boundaries, or leasehold premises of the resort:
   1. Cross-country skiing on not less than thirty (30) kilometers of groomed cross-country skiing trails;
   2. Alpine skiing on real property of not less than eight hundred fifty (850) acres, operating two (2) or more chairlifts with a vertical lift of two thousand eight hundred (2,800) feet or more, and having operating snowmaking equipment providing coverage to at least seventy-five (75) acres of skiing;
   3. A golf course having:
      1. No less than eighteen (18) holes with greens, fairways and tees laid out in the usual and regular manner of a golf course;
      2. A total distance of seven thousand (7,000) yards as measured by totaling the tee-to-green distance of all holes; and
      3. The course planted in grass;
   4. Mountain bike activities that include at least twelve (12) miles of single-track trails, chairlift-served access to at least two thousand eight hundred (2,800) feet of vertical descent and a full-service bike rental and repair facility; and
   5. At least seventy (70) private residences and accommodations available to provide overnight lodging and dining facilities serving at least two (2) meals per day for at least five hundred (500) persons located within the ownership, boundaries, or leasehold premises of the resort.

History.

I.C.,§ 23-957, as added by 2006, ch. 449, § 2, p. 1333; am. 2008, ch. 178, § 2, p. 530; am. 2019, ch. 88, § 1, p. 216.

§ 23-1001. Definitions.

As used in this chapter:

1. “Beer” means any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley, malt and/or other ingredients in drinkable water.
2. “Brewer” means a person licensed to manufacture beer.
3. “Certificate of approval” means a license issued to a person whose business is located outside of the state of Idaho who sells beer to wholesalers located within the state of Idaho.
4. “Contractee brewer” means a brewer producing fewer than thirty thousand (30,000) barrels of beer in aggregate annually, including any beer manufactured outside the state of Idaho, that enters into a contractual relationship with another brewer to produce beer on the contractee’s behalf.
5. “Contractor brewer” means a brewer producing fewer than thirty thousand (30,000) barrels of beer in aggregate annually, including any beer manufactured outside the state of Idaho, that enters into a contractual relationship with a contractee brewer to produce beer for the contractee brewer on the contractor brewer’s licensed premises.
6. “Dealer” means a person licensed to import beer into this state for sale to a wholesaler.
7. “Director” means the director of the Idaho state police.
8. “Live performance” means a performance occurring in a theater and not otherwise in violation of any provision of Idaho law.
9. “Person” includes any individual, firm, copartnership, association, corporation or any group or combination acting as a unit, and the plural as well as the singular number unless the intent to give a more limited meaning is disclosed by the context.
10. “Premises” means the building and contiguous property owned, or leased or used under government permit, by a licensee as part of the business establishment in the business of sale of beer at retail, which property is improved to include decks, docks, boardwalks, lawns, gardens, golf courses, ski resorts, courtyards, patios, poolside areas or similar improved appurtenances in which the sale of beer at retail is authorized under the provisions of law.
11. “Retailer” means a person licensed to sell beer to consumers at premises described in the license.
12. “Theater” means a room, place or outside structure for performances or readings of dramatic literature, plays or dramatic representations of an art form not in violation of any provision of Idaho law.
13. “Wholesaler” means any person licensed to sell beer to retailers, wholesalers, permittees or consumers and to distribute beer from warehouse premises described in the license.
14. All other words and phrases used in this chapter, the definitions of which are not herein given, shall be given their ordinary and commonly understood and acceptable meanings.

History.

1935, ch. 132, § 1, p. 312; am. 1974, ch. 27, § 41, p. 811; am. 1976, ch. 123, § 1, p. 472; am. 1987, ch. 200, § 1, p. 421; am. 1989, ch. 291, § 1, p. 718; am. 1991, ch. 137, § 4, p. 320; am. 1994, ch. 14, § 4, p. 20; am. 1995, ch. 311, § 1, p. 1071; am. 2000, ch. 469, § 66, p. 1450; am. 2003, ch. 111, § 3, p. 348; am. 2015, ch. 220, § 1, p. 682; am. 2019, ch. 214, § 1, p. 651.

§ 23-1002. Alcoholic content.

1. Beer containing not more than six percent (6%) of alcohol by weight may be manufactured, imported and/or sold and distributed in and into this state or possessed therein in the manner and under the conditions prescribed in this act and not otherwise.
2. Beer containing more than four percent (4%) of alcohol by weight shall be considered and taxed as wine.

History.

1935, ch. 132, § 2, p. 312; am. 1988, ch. 301, § 1, p. 957; am. 2015, ch. 244, § 4, p. 1008.

§ 23-1003. Brewers’, dealers’ and wholesalers’ licenses.

1. Before any brewer shall manufacture or any dealer or wholesaler import or sell beer within the state of Idaho, such brewer shall apply to the director for a license. The application form shall be prescribed and furnished by the director and require that the applicant show that such brewer possesses all the qualifications and none of the disqualifications of a licensee. To determine qualification for a license, the director shall cause an investigation that shall include a fingerprint-based criminal history check of the Idaho central criminal history database and the federal bureau of investigation criminal history database. Each person listed as an applicant on an initial application shall submit a full set of fingerprints and the fee to cover the cost of the criminal history background check with the application. The application shall also be accompanied by the required licensee fee; provided, that where the applicant is or will be within more than one (1) of the foregoing classifications, the applicant shall apply for each classification but shall pay only one (1) license fee, which shall be for the classification requiring the highest fee. If the director is satisfied that the applicant possesses the qualifications and none of the disqualifications for the license, the director shall issue a license for each classification applied for, subject to the restrictions and upon the conditions in this act specified, which license or licenses shall be at all times prominently displayed in the place of business of the licensee.
2. Each wholesaler shall, in addition to the application, file with the director a notice in writing signed by the dealer or brewer and the wholesaler stating the geographic territory within which the wholesaler will distribute beer to retailers. The territory will be agreed upon between the dealer or brewer and the wholesaler and may not be changed or modified without the consent of both the dealer or brewer and the wholesaler. Provided however, nothing in this section shall be interpreted to prohibit a brewer or dealer from permitting more than one (1) distributor for the same geographic territory.
3. In the event that a wholesaler sells beer to a retailer who is located outside the geographical territory designated by that wholesaler on the notice provided for in subsection (b) of this section, the dealer or wholesaler who has designated the geographical territory in which the sale occurred may apply to a district court of this state for the issuance of an injunction enjoining sales of beer by the wholesaler outside of its designated geographical territory. The procedure for issuance of an injunction pursuant to this act shall be subject to the Idaho rules of civil procedure. Upon proof to the court that a wholesaler has made a sale of beer outside of its designated geographical territory, the court shall issue an injunction directed to the wholesaler prohibiting sales of beer outside of its designated geographical territory.
4. Any brewer licensed within the state of Idaho who produces fewer than thirty thousand (30,000) barrels of beer annually, upon payment of a retailer’s annual license fee, may be issued a brewer’s retail beer license for the retail sale of the products of its brewery at its licensed premises or one (1) remote retail location, or both. Any brewer selling beer at retail or selling to a retailer must pay the taxes required in section 23-1008, Idaho Code, but need not be licensed as a wholesaler for the purpose of selling beer at the brewery or at one (1) remote retail location.
5. Any brewer licensed within the state of Idaho who produces fewer than thirty thousand (30,000) barrels of beer annually may be issued a brewer’s pub license. Upon payment of a retailer’s annual license fee, and subject to the fees in sections 23-1015 and 23-1016, Idaho Code, a brewer may, at its licensed brewery or at one (1) remote retail location, or both, sell at retail the products of any brewery by the individual bottle, can or glass. Any brewer selling beer at retail or selling products of its brewery to a retailer must pay the taxes required in section 23-1008, Idaho Code, on the products of its brewery, but need not be licensed as a wholesaler for the purpose of selling beer at the brewery or at one (1) remote retail location.
6. A brewer licensed under the provisions of subsection (d) or (e) of this section may be licensed as a wholesaler for the sale of beer produced by such brewery to retailers other than at the licensed brewery and one (1) remote retail location and shall not be required to pay an additional fee. Such brewer shall, however, comply with and be subject to all other regulations or provisions of law that apply to a wholesaler’s license, except as the laws may restrict sales at the licensed brewery or one (1) other remote retail location. The holder of a brew pub license shall not be disqualified from holding a retail wine license or wine by the drink license for the sale of wine at the brew pub premises on the grounds that the licensee is also licensed as a wholesaler.

History.

1935, ch. 132, § 3, as added by 1943, ch. 167, § 2, p. 349; am. 1972, ch. 370, § 1, p. 1087; am. 1974, ch. 27, § 42, p. 811; am. 1987, ch. 22, § 1, p. 29; am. 1989, ch. 290, § 1, p. 716; am. 2001, ch. 284, § 2, p. 1014; am. 2013, ch. 187, § 2, p. 447; am. 2014, ch. 97, § 5, p. 265; am. 2015, ch. 220, § 2, p. 682.

§ 23-1004. Dealers’ license fee.

Every dealer for whom no license fee is elsewhere provided in this act shall, except as provided in section 23-1003[, Idaho Code], pay to the state of Idaho an annual license fee of one hundred dollars ($100), and a like amount for each separate warehouse used for the purpose of, or in connection with, the importing of beer into this state.

History.

1935, ch. 132, § 3-a, as added by 1943, ch. 167, § 2, p. 349.

§ 23-1005. Qualifications of licensees.

No license shall issue to an applicant for a dealer’s or wholesaler’s license unless the applicant is authorized to do business within the state of Idaho; nor shall such license be issued to an applicant whose license, or the license of any partner, has been revoked within two (2) years; nor to an applicant who, or if a partnership any partner of whom, has been convicted of any violation of any law of Idaho or of the United States regulating, governing, or prohibiting the sale of alcoholic beverages or intoxicating liquor. Any such license issued shall be revoked if the licensee ceases to have the qualifications, or acquires the disqualifications, in this section provided.

History.

1935, ch. 132, § 3-b, as added by 1943, ch. 167, § 2, p. 349; am. 1992, ch. 315, § 2, p. 937; am. 1994, ch. 14, § 8, p. 20.

§ 23-1005A. Transfer of license — Fee — Application for approval.

1. No brewer, dealer or wholesaler of beer license issued pursuant to section 23-1003, Idaho Code, or any beer retailer license issued pursuant to section 23-1010, Idaho Code, may be transferred to another person, including an executor, administrator, or trustee in bankruptcy of the estate of the licensee, unless the transferee shall first have obtained the approval of the director to such transfer upon application containing substantially the same information required of an applicant for a brewer’s, dealer’s, wholesaler’s or retailer’s beer license, as the case may be. If the transferee possesses all the qualifications and none of the disqualifications for such license, the director shall approve the transfer by issuing a license to the transferee. The fee for each transfer of a brewer’s, dealer’s, wholesaler’s or retailer’s beer license shall be twenty dollars ($20.00), which fee shall accompany the application for transfer.
2. Application for a transfer of any beer license from one location to another shall be made to the director on forms prescribed and furnished by the director. The director shall approve such transfer upon submission of the application and receipt by the director of a transfer fee of twenty dollars ($20.00).
3. The director, in his discretion, may deny the transfer of a license during the pendancy [pendency] of any proceedings for suspension or revocation instituted pursuant to the provisions of this chapter.

History.

I.C.,§ 23-1005A, as added by 1979, ch. 137, § 1, p. 433; am. 1991, ch. 28, § 2, p. 54.

§ 23-1006. Records and returns of licensees — Investigations and examinations.

Every licensed dealer, brewer and wholesaler shall have, and notify the director of, a place of business within the state of Idaho where such licensee will and shall keep a record of his or its imports into, and sales of beer within, the state, including the date, quantity, from whom purchased for import, the carrier or other person or means by whom or which transported for import, and the name and address of the vendee, and shall so keep such record of each such sale or import for a period of four (4) years thereafter. Such licensee shall, on or before the 15th day of each month, make a return to the director of the amount of beer sold in, and imported by him into, the state of Idaho for the preceding month, which shall be upon forms furnished by the director. The director may require such additional information to be included in such returns as shall assist him in determining whether or not such licensee is complying with, or violating, this act and whether or not all taxes and license fees provided for by this act are being fully paid. The director shall have the right at any time to make an examination of each dealer’s, brewer’s and wholesaler’s books, records and premises, make an inventory and otherwise check the accuracy of such returns, and investigate for any violation of this act, and file, and retain in his office for not less than two (2) years, a report thereof. An application for, and acceptance of a license by, a dealer, brewer, wholesaler or retailer shall constitute consent to, and be authority for, entry by the director, or his authorized agents, upon any premises related to the licensee’s business, or wherein are, or should be, kept, any of the licensee’s books, records, supplies or other property related to said business, and to make the inventory, check and investigations aforesaid with relation to said licensee or any other licensee.

History.

1935, ch. 132, § 3-c, as added by 1943, ch. 167, § 2, p. 349; am. 1974, ch. 27, § 43, p. 811; am. 1984, ch. 104, § 1, p. 242; am. 1999, ch. 129, § 1, p. 373; am. 2000, ch. 333, § 1, p. 1123.

§ 23-1007. Sales by dealers and wholesalers — Prohibited unless obtained from licensees — Consumption on premises prohibited — Minimum sale on licensed premises of unbroken packages or kegs.

Except as provided in section 23-1007A, Idaho Code, it shall be unlawful for any dealer or wholesaler to sell for use within the state of Idaho any unbroken packages or kegs of beer produced, manufactured, imported or bought by such dealer except to licensed dealers, wholesalers, retailers to whom a license has been issued by the director, or to employees of the wholesaler or dealer; nor shall any dealer or wholesaler allow for a consideration such beer to be consumed upon the premises of such dealer or wholesaler; provided, however, that any dealer or wholesaler shall be allowed to make sales of beer in kegs of not less than five (5) gallons to a consumer at his licensed premises. Licensed brewers may sell at retail only as provided in section 23-1003(d) and (e), Idaho Code.

History.

1935, ch. 132, § 3-d, as added by 1943, ch. 167, § 2, p. 349; am. 1965, ch. 292, § 1, p. 778; am. 1982, ch. 307, § 1, p. 772; am. 1987, ch. 22, § 2, p. 29; am. 1991, ch. 279, § 1, p. 721; am. 2013, ch. 95, § 1, p. 232.

§ 23-1007A. Beer sold or donated for benevolent, charitable or public purposes — Permit required.

1. Notwithstanding the provisions of section 23-1007, Idaho Code, to the contrary, nothing shall prevent any licensed dealer, wholesaler or retailer from selling or donating unbroken packages of beer or kegs of beer to a person which has not been issued any license for the sale of alcoholic beverages in this state, for benevolent, charitable or public purposes if a permit has been issued to the person or nonprofit entity as provided in subsection (2) of this section.
2. Upon application to the director of the Idaho state police, the director may issue a permit authorizing the sale or dispensing of beer by a person if the director is satisfied that the proceeds, after deducting reasonable expenses incurred, will be donated for a benevolent, charitable or public purpose. The director shall prescribe the form of the application which may require:
   1. Disclosure of names of sponsors;
   2. Quantities and types of beer products to be used at the event;
   3. Names of the dealer or wholesaler from whom the beer is to be received;
   4. The retailer, if any, designated by such person or nonprofit entity to receive, store or dispense beer on behalf of the permittee;
   5. Dates and hours during which the permit is to be effective, not to exceed three (3) consecutive days;
   6. That the applicant submit a report to the director subsequent to the benevolent, charitable or public purpose event showing the disposition of funds from the event; and
   7. Such other information directly related to the event and the applicant that the director may require.
3. Should the director determine that an applicant, permittee or its representative is violating or has in the past violated any law pertaining to the dispensing or sale of beer by a licensed retailer relating to hours of sale, relating to restrictions concerning age provided in section 23-1013, Idaho Code, or has failed in the past to submit such information as may have been requested by the director, such permit may be summarily suspended by the director prior to hearing, or may be denied or cancelled pending a hearing.
4. A licensed retailer may, on behalf of the permittee, receive or store beer to be used at the event and may dispense such beer to attendees of the benevolent, charitable or public purpose event for which the permit was issued.

The director shall collect a twenty dollar ($20.00) fee for each permit issued.

History.

I.C.,§ 23-1007A, as added by 1991, ch. 279, § 2, p. 721; am. 2000, ch. 469, § 67, p. 1450.

§ 23-1008. Tax — Distribution — Rules — Reports.

1. A tax of four dollars and sixty-five cents ($4.65) per barrel of thirty-one (31) gallons, and a like rate for any other quantity or fraction thereof, is hereby levied and imposed upon each and every barrel of beer sold for use within the state of Idaho.
2. The revenues received from the taxes, interest, penalties, or deficiency payments imposed by this section shall be distributed as follows:
   1. An amount of money shall be distributed to the state refund account sufficient to pay current refund claims. All refunds authorized by law to be paid by the state tax commission shall be paid through the state refund account and those moneys are continuously appropriated.
   2. The balance remaining after distributing the amount in paragraph (a) of this subsection shall be distributed as follows:
      1. Twenty percent (20%) shall be distributed to the substance abuse treatment fund which is created in section 23-408, Idaho Code;
      2. Thirty-three percent (33%) shall be distributed to the permanent building fund; and
      3. The remainder shall be distributed to the general fund.
3. The commission is empowered to prescribe rules:
   1. For reports by carriers for hire and also all other carriers owned and/or employed, directly or indirectly, by out-of-state brewers, dealers or other persons, of all deliveries of beer in and into the state of Idaho, stating especially the origin and destination of the beer, the quantity thereof, and also the names and addresses, respectively, of the consignors and consignees.
   2. For reports by out-of-state brewers and manufacturers of beer, of all shipments by them of beer into the state of Idaho, stating especially the matters mentioned in paragraph (a) of this subsection. History.

Any wholesaler who shall sell beer, upon which the tax herein imposed has not been paid and any person who shall purchase, receive, transport, store or sell any beer upon which the tax herein imposed has not been paid, shall be guilty of a misdemeanor, and any beer so purchased, received, transported, stored or possessed or sold shall be subject to seizure by the commission, any inspector or investigator of the commission, or by any sheriff, constable or other police officer, and the same may be removed and kept for evidence. Upon conviction of any person for violation of the provisions of this section, the said beer, and all barrels, kegs, cases, cartons and cans containing the same shall be forfeited to the state of Idaho, and, in addition, the person so convicted shall be subject to the other penalties in this chapter prescribed.

Beer and all barrels, kegs, cases, cartons or cans so forfeited to the state of Idaho shall be sold by the commission at public auction to any brewer, wholesaler or retailer, licensed under the provisions of this chapter, making the highest bid. Such sale shall be held at such place and time as may be designated by the commission after reasonable notice thereof given in such manner and for such time as the commission may by rule prescribe. From the purchase price received upon such sale, the commission shall first deduct an amount sufficient to pay the tax due on such beer, and to pay all costs incurred in connection with such sale. The commission shall deposit the balance remaining with the state treasurer, who shall place the same in the general fund of the state of Idaho, and it shall become a part thereof.

1935, ch. 132, § 4, p. 312; am. 1949, ch. 192, § 1, p. 462; am. 1949, ch. 281, § 1, p. 575; am. 1961, ch. 43, § 3, p. 66; am. 1980, ch. 239, § 1, p. 554; am. 1980, ch. 391, § 1, p. 993; am. 1986, ch. 73, § 3, p. 201; am. 1987, ch. 260, § 2, p. 545; am. 2007, ch. 141, § 5, p. 407; am. 2013, ch. 10, § 1, p. 20.

§ 23-1009. Retailers’ local licenses.

No retailer shall sell beer within this state, until he or it shall be licensed therefor by a municipality, if the business is to be conducted therein, and by the county wherein said business is to be conducted, and by the director. Applications for retailer’s licenses shall be made under oath first to the director of the Idaho state police, and if the license be issued, to the county and then to the municipality, upon forms to be supplied by each, which forms shall require that the applicant show that the applicant possesses all of the qualifications and none of the disqualifications of a retailer licensee under this act, and, as to the municipal license, under any ordinance thereof. Each application shall be accompanied with the required license fee. If the applications conform hereto the director, county and municipality respectively, shall each issue a retailer’s license to the applicant, subject to the restrictions and upon the conditions in this act specified, and, as to the municipal license, in the ordinance aforesaid. Said licenses shall at all times be prominently displayed in the place of business of the licensee, and shall be issued only for the particular premises described therein, but the municipality, county and director may permit a transfer to other particularly described premises. No license transferred by process of law or otherwise shall authorize the transferee, including any executor, administrator or trustee in bankruptcy of the estate of the licensee, to retail beer thereunder until the transferee shall have filed under oath applications therefor containing substantially the same information required of an applicant for a license, and if the transferee possesses the qualifications and none of the disqualifications for a license as herein provided, the director, county and municipality shall approve such transfer and issue a license so to show. The transferee shall accompany the state application for transfer with, and shall pay, the fee as set out in section 23-1005A, Idaho Code. Such transferee shall accompany each such county and municipality application for transfer with, and shall pay, the sum of five dollars ($5.00).

History.

1935, ch. 132, § 5, as added by 1943, ch. 167, § 4, p. 349; am. 1974, ch. 27, § 44, p. 811; am. 1991, ch. 137, § 5, p. 320; am. 2000, ch. 469, § 68, p. 1450.

§ 23-1010. License to sell beer at retail — Application procedure and form — Showing of eligibility for license and disqualifications.

1. Every person who shall apply for a state license to sell beer at retail shall tender the license fee to, and file written application for license with, the director. The application shall be on a form prescribed by the director that shall require such information concerning the applicant, the premises for which license is sought and the business to be conducted thereon by the applicant as the director may deem necessary or advisable, and which shall enable the director to determine that the applicant is eligible and has none of the disqualifications for license, as provided for in this section. If the applicant is applying for a license solely for a theater that is presenting live performances as those terms are defined in section 23-1001, Idaho Code, or a movie theater, as defined in section 23-944, Idaho Code, built prior to January 1, 1950, and listed on the national register of historic places, the application shall so state. Such information shall include the following:
   1. The name and place of residence of the applicant and length of his residence within the state of Idaho and, if the applicant is a partnership, the names, places of residence and lengths of residence within the state of Idaho of each partner and, if the applicant is a corporation or association, the date and place of incorporation or organization, the location of its principal place of business in Idaho and the names and places of residence of its officers, directors or members of its governing board and of the person who manages or will manage the business of selling beer at retail;
   2. The particular place for which the license is desired, designating the same by a street and number, if practicable, or by such other apt description as definitely locates such place, and the name of the owner of the premises for which license is sought;
2. The application shall affirmatively show:
   1. That the applicant is the bona fide owner of the business that will be engaged in the sale of beer at retail and with respect to which license is sought;
   2. That the condition of the place or building wherein it is proposed to sell beer at retail conforms to all laws and rules of the state of Idaho and to the ordinances of the county and municipality applicable thereto relating to public health and safety and to the zoning ordinances of the municipality applicable thereto;
   3. That there is no stamp or permit outstanding and in force that has been issued to any person by the United States government for the premises for which license to sell beer at retail is sought, which stamp or permit denotes payment of any special tax imposed by the United States government on a retail dealer in liquor or wines, unless said premises are premises for which a retail license for sale of liquor by the drink, issued under the provisions of chapter 9, title 23, Idaho Code, is in force and effect;
   4. That the individual applicant, or each partner of a partnership applicant, or a corporation applicant or an association applicant is qualified to do business within the state of Idaho;
   5. That the applicant, if an individual, is not less than nineteen (19) years of age;
   6. That, within three (3) years immediately preceding the date of filing the application, the applicant has not been convicted of the violation of any law of the state of Idaho, any other state, or of the United States regulating, governing or prohibiting the sale, manufacture, transportation or possession of alcoholic beverages or intoxicating liquors, or, within said time, suffered the forfeiture of a bond for failure to appear in answer to charges of any such violation;
   7. That, within five (5) years immediately preceding the date of filing the application, the applicant has not been convicted of any felony or paid any fine or completed any sentence of confinement therefor within said time;
   8. That, within three (3) years next preceding the date of filing said application, the applicant has not had any license provided for herein, or any license or permit issued to the applicant pursuant to the law of this state, or any other state, or of the United States to sell, manufacture, transport or possess alcoholic beverages or intoxicating liquors, revoked.
3. To determine qualification for a license, the director shall also cause an investigation that shall include a fingerprint-based criminal history check of the Idaho central criminal history database and the federal bureau of investigation criminal history database. Each person listed as an applicant on an initial application shall submit a full set of fingerprints and the fee to cover the cost of the criminal history background check for such person with the application.
4. The affirmative showing required with respect to an applicant under paragraphs (e), (f), (g) and (h) of subsection (2) of this section shall also be required to be made with respect to each partner of a partnership applicant and to each incumbent officer, director or member of the governing board of a corporation or association applicant.
5. The application must be subscribed and sworn to by the individual applicant, or by a partner of a partnership applicant, or by an officer or manager of a corporation or association applicant, before a notary public or other person authorized by law to administer oaths.
6. If an applicant shall be unable to make any affirmative showing required in this section or if an application shall contain a false material statement, knowingly made, the same shall constitute a disqualification for license and license shall be refused. If license is received on any application containing a false material statement, knowingly made, such license shall be revoked. If at any time during the period for which license is issued, a licensee becomes unable to make the affirmative showings required by this section, license shall be revoked, or, if disqualification can be removed, the license shall be suspended until the same shall be removed. The procedure to be followed upon refusal, revocation or suspension of license as herein provided for shall be in accordance with the procedure set forth in this act.
7. All licenses shall expire at 1:00 a.m. on the first day of the renewal month, which shall be determined by the director by administrative rule and shall be subject to annual renewal upon proper application. The director will determine the renewal month by county based on the number of current licenses within each county, distributing renewals throughout the licensing year. The director may adjust the renewal month to accommodate population increases. Each licensee will be issued a temporary license to operate until the renewal month has been determined. Thereafter, renewals will occur annually on their renewal month. Renewal applications for licenses accompanied by the required fee must be filed with the director on or before the first day of the designated renewal month. Any licensee holding a valid license who fails to file an application for renewal of the current license on or before the first day of the designated renewal month shall have a grace period of an additional thirty-one (31) days in which to file an application for renewal of the license. The licensee shall not be permitted to sell beer at retail during the thirty-one (31) day extended time period unless and until the license is renewed. History.

I.C.,§ 23-1010, as added by 1961, ch. 299, § 2, p. 543; am. 1972, ch. 332, § 4, p. 834; am. 1974, ch. 27, § 45, p. 811; am. 1976, ch. 156, § 1, p. 555; am. 1978, ch. 304, § 1, p. 762; am. 1981, ch. 52, § 1, p. 78; am. 1983, ch. 159, § 1, p. 458; am. 1992, ch. 315, § 3, p. 937; am. 1994, ch. 14, § 6, p. 20; am 2001, ch. 30, § 2, p. 43; am. 2001, ch. 284, § 3, p. 1014; am. 2003, ch. 111, § 4, p. 348; am. 2019, ch. 87, § 2, p. 212.

§ 23-1010A. Prohibited acts — Misdemeanors

Revocation. [Repealed.]

§ 23-1011. Issuance of licenses.

Notwithstanding any other provision of chapter 10, title 23, Idaho Code, all applications for retail sale of beer licenses, renewals, or transfers thereof, shall be first presented to the director of the Idaho state police for approval and issuance of the state license required by state law. If the license, renewal or transfer thereof is approved by the director, then such license, renewal or transfer thereof may be issued by the city or county, or both, as the case may be. Approval of such license, renewal or transfer thereof may be by endorsement upon the state license or by the issuance of an additional license, at the option of the city or county.

History.

I.C.,§ 23-1011, as added by 1976, ch. 165, § 1, p. 595; am. 1983, ch. 50, § 1, p. 120; am. 1991, ch. 137, § 6, p. 320; am. 2000, ch. 469, § 69, p. 1450.

§ 23-1011A. Officers may examine premises.

The director or his duly authorized representative, the sheriff of any county, or any other police officer, shall have the right at any time to make an examination of the premises of any licensee as to whether the laws of the state of Idaho, the rules and regulations of the director, and the ordinances of any city or county are being complied with.

History.

I.C.,§ 23-1011, as added by 1976, ch. 236, § 1, p. 829; am. and redesig. 1983, ch. 50, § 2, p. 120.

§ 23-1011B. Bars or taverns not allowed near churches or schools — Exceptions.

No license shall be issued for any place where beer is sold or dispensed to be consumed on the premises, whether conducted for pleasure or profit, that is within three hundred (300) feet of any public school, church, or any other place of worship measured in a straight line to the nearest entrance to the licensed premises, except with the approval of the governing body of the municipality; provided that this limitation shall not apply to any duly licensed premises that at the time of licensing did not come within the restricted area but subsequent to licensing came therein.

History.

I.C.,§ 23-1011B, as added by 1978, ch. 349, § 1, p. 913.

§ 23-1012. Hours of sale.

1. It shall be unlawful and a misdemeanor for any person in any place licensed to sell beer or where beer is sold or dispensed to be consumed on the premises, whether conducted for pleasure or profit, to sell, dispense or give away beer between the hours of one (1) o’clock A.M. and six (6) o’clock A.M.
2. Any patron present on the licensed premises after the sale of beer has stopped as provided in subsections (1) and (4) herein shall have a reasonable time, not to exceed thirty (30) minutes, to consume any beverage already served.
3. Any person who consumes or intentionally permits the consumption of any alcoholic beverage upon the licensed premises after the time provided for in subsection (2) shall be guilty of a misdemeanor.
4. A county or city may, however, extend, until two (2) o’clock A.M., the hours of the sale of beer.

History.

1943, ch. 167, § 5, p. 349; am. 1978, ch. 39, § 1, p. 68; am. 1987, ch. 110, § 2, p. 222; am. 1987, ch. 351, § 1, p. 780; am. 2003, ch. 284, § 2, p. 769.

§ 23-1013. Restrictions concerning age.

Any person who is nineteen (19) years of age or older may sell, serve, possess or dispense beer in the course of his employment, otherwise it shall be unlawful for any person to sell, serve or dispense beer to or by any person under twenty-one (21) years of age, proof of which, shall be a validly issued state, district, territorial, possession, provincial, national or other equivalent government driver’s license, identification card or military identification card bearing a photograph and date of birth, or a valid passport.

History.

I.C.,§ 23-1013, as added by 1961, ch. 299, § 4, p. 543; am. 1967, ch. 19, § 1, p. 37; am. 1972, ch. 332, § 5, p. 834; am. 1975, ch. 179, § 2, p. 485; am. 1987, ch. 212, § 10, p. 448; am. 1991, ch. 269, § 2, p. 660.

§ 23-1014. License fees.

Every person licensed under the provisions of this chapter shall pay to the state of Idaho an annual license fee according to the following schedule:

1. Brewer annually producing       Fee
   1. Under 10,000 gallons ...............................  $ 50.00
   2. 10,000 to 100,000 gallons ...............................  $100.00
   3. 100,000 to 930,000 gallons ...............................  $200.00
   4. 930,000 gallons or more ...............................  $500.00
2. Wholesaler
   1. For each separate warehouse used for the purpose
3. Dealer ...............................  $100.00
4. Retailer
   1. For each store from which beer is retailed ...............................  $ 50.00
   2. For each store from which a licensed retailer

A like amount shall be paid for each separate brewery operated by the licensee.

of wholesaling or dispensing beer ...............................  $300.00

sells keg beer for consumption off premises ...............................  $ 20.00

Nothing in this chapter shall be so construed to prohibit municipalities or counties from licensing and regulating places of business where beer is sold to the consumer.

History.

I.C.,§ 23-1014, as added by 1987, ch. 91, § 2, p. 172; am. 1994, ch. 13, § 1, p. 20.

§ 23-1015. County retailers’ license, when required, procedure.

1. It shall be unlawful for any retailer to sell beer without first procuring a retailer’s license from the county, said license to be issued on such conditions and terms as may be required by the board of county commissioners in the county wherein such place of sale of beer is located; provided, that no county shall exact a license fee from any dealer except as follows:
   1. Where such retailer sells only bottled or canned beer: none of which is consumed on the premises where sold, the license fee shall be equal to twenty-five per cent (25%) of the license fee exacted under subsection (1)(b) of this section relating to draught beer and bottled or canned beer, or draught beer only; and where such bottled or canned beer is consumed on the premises where sold the license fee shall be seventy-five per cent (75%) of the fee exacted under said subsection (b) hereof.
   2. Where such retailer sells draught beer and bottled or canned beer, or draught beer only, not in excess of one hundred dollars ($100), a year.
2. The board of county commissioners shall establish a procedure for processing applications for licenses, transfers or renewals thereof in a timely manner. Each application for a license, transfer or renewal thereof, required by the provisions of this section, shall be submitted to the board of county commissioners for a decision. The board of county commissioners shall have a reasonable time to examine the application before a decision is made on granting or denying the license, or the transfer or renewal thereof. Each board of county commissioners shall establish, by ordinance, a time period within which a decision must be made following submission of an application. Whenever a board of county commissioners denies an application, the board shall specify in writing:
   1. The statutes, ordinances and standards used in evaluating the application;
   2. The reasons for denial; and
   3. The actions, if any, that the applicant could take to obtain the license, transfer or renewal thereof.
3. An applicant denied a license, transfer or renewal thereof or aggrieved by a decision of the board of county commissioners pursuant to this section may, within twenty-eight (28) days, after all remedies have been exhausted under county ordinances or procedures, seek judicial review under the procedures provided in chapter 52, title 67, Idaho Code, and for such purposes a county shall be construed to mean an agency.
4. In all cases where the board of county commissioners is considering applications for licenses, transfers or renewals thereof, a transcribable verbatim record of the proceedings shall be made. If the application for a license, transfer or renewal is denied, a transcribable, verbatim record of the proceedings shall be kept for a period of not less than six (6) months after a final decision on the matter. Upon written request and within the time period provided for retention of the record, any person may have the record transcribed at his expense. The board of county commissioners shall also provide for the keeping of minutes of the proceedings. Minutes shall be retained indefinitely or as otherwise provided by law.

History.

1935, ch. 132, § 7-A, as added by 1947, ch. 192, § 7, p. 462; am. 1983, ch. 50, § 3, p. 120; am. 1993, ch. 216, § 6, p. 587.

§ 23-1016. Municipal license also required — Procedure.

1. It shall be competent and lawful for an incorporated municipality within the county wherein said county license to sell beer is granted by the county, by proper ordinance and regulation, to prohibit the sale of beer within the incorporated limits of such incorporated municipality until a retailer’s license is first obtained from such incorporated municipality. Provided, however, that no incorporated municipality shall issue a license to any retailer until such retailer shall have first obtained a county license from the board of county commissioners, and that a revocation of the license granted by the board of county commissioners shall work a revocation of license granted by such incorporated municipality. Provided, further, that no municipality, whether operating under a special charter or otherwise, shall exact a license fee from any retailer except as follows:
   1. Where such retailer sells only bottled or canned beer: none of which is consumed on the premises where sold, the license fee shall be equal to twenty-five per cent (25%) of the license fee exacted under subsection (1)(b) of this section.
   2. Where such retailer sells for consumption on the premises, draught beer and bottled or canned beer or draught beer only, not in excess of two hundred dollars ($200) a year.
2. The city council shall establish by ordinance a procedure for processing applications for licenses, transfers or renewals thereof in a timely manner. Each application for a license, transfer or renewal thereof, required by the provisions of this section, shall be submitted to the city council for a decision. The city council shall have a reasonable time to examine the application before a decision is made on granting or denying the license, or the transfer or renewal thereof. Each city council shall establish, by ordinance, a time period within which a decision must be made following submission of an application. Whenever a city council denies an application, the council shall specify in writing:
   1. The statutes, ordinances and standards used in evaluating the application;
   2. The reasons for denial; and
   3. The actions, if any, that the applicant could take to obtain the license, transfer or renewal thereof.
3. Nothing in this section shall be construed as prohibiting the delegation of the processing of an application and the granting or denying thereof, as provided in subsection (2) of this section, to a municipality’s city clerk. If the licensing power is delegated, an applicant denied a license, transfer, or renewal thereof may appeal the city clerk’s decision to the city council, within the time and in the manner as the city council may provide by ordinance.
4. An applicant denied a license, transfer or renewal thereof or aggrieved by a decision of the city council pursuant to this section may, within twenty-eight (28) days, after all remedies have been exhausted under city ordinances and procedures, seek judicial review under the procedures provided in chapter 52, title 67, Idaho Code, and for such purposes a city shall be construed to mean an agency.
5. In all cases where the city council is considering an application for or hearing an appeal from a denial of a license, transfer or renewal thereof, a transcribable verbatim record of the proceedings shall be made. If the application for or appeal from a denial of a license, transfer or renewal is denied, a transcribable, verbatim record of the proceedings shall be kept for a period of not less than six (6) months after a final decision on the matter. For the purpose of this section, the date of final decision shall be the date upon which the written decision of the city council is transmitted. Upon written request and within the time period provided for retention of the record, any person may have the record transcribed at his expense. The city council shall also provide for the keeping of minutes of the proceedings. Minutes shall be retained indefinitely or as otherwise provided by law. History.

1935, ch. 132, § 7-B, as added by 1947, ch. 192, § 7, p. 462; am. 1981, ch. 237, § 1, p. 477; am. 1983, ch. 50, § 4, p. 120; am. 1987, ch. 12, § 1, p. 16; am. 1993, ch. 216, § 7, p. 587.

§ 23-1017. Intention of preceding section.

It is hereby declared to be the intention of section 23-1016[, Idaho Code,] that both counties and incorporated municipalities may levy and collect a license [fee] for the retail sale of beer as herein provided, and the granting of power to license retailer of beer in an incorporated municipality shall not be held as in any way conflicting with the provisions of this act relating to the granting of retailer’s license by the county.

History.

1935, ch. 132, § 7-C, as added by 1947, ch. 192, § 7, p. 462.

§ 23-1018. Sale of keg beer — Penalties.

1. Retail and wholesale licensees selling keg beer for consumption off licensed premises shall place an identification tag onto all kegs of beer at the time of sale and require the signing of a receipt therefor by the purchaser in order to allow kegs to be traced if the contents are used in violation of this act. The keg identification shall be in the form of a numbered label prescribed and supplied by the director of the Idaho state police, which identifies the seller and which is removable or obliterated when the keg is processed for refilling. The receipt shall be on a form prescribed and supplied by the director of the Idaho state police and shall include the name and address of the purchaser and such other information as may be required by the director of the Idaho state police.
2. Any licensee selling keg beer for off-premises consumption who fails to require the signing of a receipt at the time of sale and fails to place a numbered identification label onto the keg shall be subject to having his license suspended as set forth in section 23-1038, Idaho Code.
3. Possession of a keg containing beer which is not identified as required by subsection (1) of this section is a misdemeanor.
4. Any purchaser of keg beer who knowingly provides false information on the receipt required by subsection (1) of this section shall be guilty of a misdemeanor.
5. As used in this section, “keg” means any brewery-sealed, individual container of beer having a liquid capacity of five (5) gallons or more.

History.

I.C.,§ 23-1018, as added by 1981, ch. 76, § 1, p. 108; am. 1989, ch. 314, § 1, p. 810; am. 1990, ch. 428, § 1, p. 1184; am. 2000, ch. 469, § 70, p. 1450; am. 2013, ch. 95, § 2, p. 232.

§ 23-1019. Beer sample tasting requirements and limitations for events on retail beer licensed premises.

1. Breweries, wholesalers and distributors may conduct or assist a retail beer licensee at a beer sample tasting on premises not licensed for the sale of beer by the individual glass or opened bottle for consumption on the premises or on the premises of the holder of a beer by the drink license for the purpose of promoting their beer products to the public. The holder of a retail beer license or a beer by the drink license may also conduct beer sample tasting events, with or without the assistance of a brewery, wholesaler or distributor in accordance with this section.
2. A retail beer licensee shall not be required to hold a beer by the drink license for the purpose of conducting or permitting beer sample tasting events on the premises in accordance with this section unless a charge or other consideration is required of the customer by the retailer in exchange for such beer sample.
3. Sample tasting events permitted pursuant to this section shall be conducted subject to all of the following requirements:
   1. Sample sizes. The size of each sample of beer shall not exceed one and one-half (1.5) ounces.
   2. Identified tasting area. The retail beer licensee who conducts tastings or who allows a brewer, wholesaler, distributor or retailer to conduct tastings on the retail beer premises shall identify a specific tasting area or areas. Such area or areas shall be of a size and design such that the retail beer licensee and the persons conducting the tasting can observe and control persons in the area to ensure that no minors or visibly intoxicated persons possess or consume alcohol. Customers must remain in the tasting area or areas until they have finished consuming the sample. The retailer shall keep on file at the premises a floor plan identifying the tasting area or areas. If a retailer does not have an identified tasting area or areas, the director may require prior approval of an area or areas before the retailer conducts any more tastings or allows any more tastings to be conducted by the brewer, distributor or retailer on the premises.
   3. Number of in-store tastings. Although there is no limit on the number of tastings a retailer may conduct without the assistance of a brewer, wholesaler or distributor, the retailer shall not permit a brewer or distributor to conduct, or assist in conducting, tastings on the premises of the same licensee more than eight (8) times per calendar year.
   4. Brewer, wholesaler or distributor conducted tastings. A brewer, wholesaler or distributor may hold tastings on consecutive days on one (1) retail premises, provided the tastings shall not exceed two (2) consecutive days. Tastings shall be conducted at least four (4) weeks apart. If a brewer, wholesaler or distributor holds tastings on two (2) consecutive days, they shall not hold another tasting on those retail premises for at least four (4) weeks.
   5. Server requirements. Persons serving or pouring beer at beer tastings on premises for which a beer by the drink license has not been issued must be at least twenty-one (21) years of age.
4. Brewer, wholesaler or distributor conducted sample tastings. A brewer, wholesaler or distributor may conduct beer sample tastings on premises licensed for the sale of beer for products produced or sold by the brewer, wholesaler or distributor. The brewer or distributor conducting the beer sample tasting shall, in addition to compliance with other requirements of this section, comply with all of the following requirements: (a) Provide the product to be tasted and remove any remaining product at the end of the tasting.
5. Retailer conducted beer sample tastings. Retail beer licensees and beer by the drink licensees may conduct beer sample tastings on their licensed premises and may:
   1. Accept assistance from a brewer, wholesaler or distributor if:
      1. The only assistance provided is an employee to provide information or education relating to the product being sampled;
      2. The retailer pays for the beer; and
      3. The retailer is responsible for any advertising.
   2. Conduct an unlimited number of beer sample tastings on the premises if there is no brewer or distributor providing assistance for the event. The retailer may advertise such events.
6. Notwithstanding any other provision of law, participation by a brewer, wholesaler or distributor in a beer sample tasting event, if expressly authorized by this section, shall not constitute prohibited conduct or unlawful aid to a retailer.

(b) Provide or pay for a person to serve the beer. The server must be an employee or agent of the brewer or distributor and shall not be an employee or agent of a retailer. The brewer or distributor shall not compensate any employee or agent of the retail licensee to participate in the tasting.

(c) The brewer or distributor shall keep a record of each tasting it conducts, including the date and location of each event and the products served.

History.

I.C.,§ 23-1019, as added by 2014, ch. 174, § 1, p. 478.

§ 23-1020. Penalty.

Any person who violates any of the provisions of this act shall be guilty of a misdemeanor.

History.

1935, ch. 132, § 10, p. 312.

§ 23-1021. Revenue received from beer tax. [Repealed.]

§ 23-1022. Separability.

If any portion of this act shall be declared unconstitutional it shall not invalidate the other provisions thereof.

History.

1935, ch. 132, § 13, p. 312.

§ 23-1023. Beer — Authorization to deliver.

The prohibition upon possession of beer by any person under twenty-one (21) years of age does not apply to possession by a person under the age of twenty-one (21) years making a delivery of beer in pursuance of the order of his parent or in pursuance of his employment, or when such person under the age of twenty-one (21) years is in a private residence accompanied by his parent or guardian and with such parent’s or guardian’s consent.

History.

I.C.,§ 23-1023, as added by 1953, ch. 72, § 1, p. 94; am. 1967, ch. 351, § 1, p. 995; am. 1972, ch. 332, § 6, p. 834; am. 1987, ch. 212, § 11, p. 448; am. 1997, ch. 68, § 1, p. 144; am. 1999, ch. 59, § 10, p. 151.

§ 23-1024. False representation as being twenty-one or more years of age a misdemeanor.

Any person under the age of twenty-one (21) years who shall by any means represent to any person licensed to sell beer at retail or wholesale, or to any agent or employee of such retail or wholesale licensee, that he or she is twenty-one (21) or more years of age for the purpose of entering licensed premises or inducing such retail or wholesale licensee, his agent or employee, to sell, serve or dispense beer to him or her shall be guilty of a misdemeanor.

Any person who shall by any means represent to any such retail or wholesale licensee, his agent or employee, that any other person is twenty-one (21) or more years of age, when in fact such other person is under the age of twenty-one (21) years, for the purpose of entering licensed premises or inducing such retail or wholesale licensee, his agent or employee, to sell, serve or dispense beer to such other person, shall be guilty of a misdemeanor.

History.

I.C.,§ 23-1024, as added by 1953, ch. 72, § 1, p. 94; am. 1972, ch. 332, § 7, p. 834; am. 1987, ch. 212, § 12, p. 448; am. 1991, ch. 269, § 3, p. 660.

§ 23-1025. License and transfer fees — Alcohol beverage control fund.

All moneys from license and transfer fees that are collected by the director pursuant to the provisions of this chapter shall be paid over to the state treasurer for deposit in the alcohol beverage control fund created in section 23-940, Idaho Code. All other moneys collected by the director pursuant to the provisions of this chapter shall be paid over to the state treasurer for deposit in the general fund.

History.

I.C.,§ 23-1025, as added by 2012, ch. 160, § 2, p. 435.

§ 23-1026. Posting of sign containing law regulating sales to minors. [Repealed.]

§ 23-1027. Certificate of approval required of manufacturer.

It shall be unlawful for any person licensed under the provisions of this act, to purchase, import, transport or cause to be transported into or within the state of Idaho any beer for resale therein, unless prior thereto a certificate of approval shall have been issued by the director to the manufacturer of such beer. The certificate of approval herein required shall be issued to a manufacturer of beer upon application therefor provided the manufacturer shall have first agreed in writing with the director as follows:

1. to furnish to the director, on or before the 15th day of each month, a written report under oath on a form to be prescribed by the director showing the quantity of beer sold, delivered or shipped to each wholesaler or dealer of beer licensed in this state for resale in this state; and
2. that such manufacturer and every person employed by it or acting as its agents (other than wholesalers and dealers licensed in this state) will faithfully comply with and observe all the provisions of the laws of the state of Idaho relating to beer and all rules and regulations adopted by the director pursuant to such laws.

If, after obtaining such certificate, any such manufacturer shall fail to submit such report, or, if it, or any such person employed by it or acting as its agent, shall violate the terms of such agreement, the director may determine to revoke or suspend such certificate by reason thereof. The procedure for giving notice of such determination and for proceedings to contest determination as provided for in sections 23-1037 through 23-1045, Idaho Code, shall govern insofar as they may be applicable. The district court of Ada County shall have jurisdiction of any such proceedings to contest the director’s determination.

History.

I.C.,§ 23-1027, as added by 1961, ch. 299, § 5, p. 543; am. 1974, ch. 27, § 48, p. 811.

§ 23-1028. Warehouse and records of wholesalers and dealers.

Each licensed wholesaler and dealer shall sell and distribute beer in this state only from stocks of beer which have been unloaded, stored and maintained in a warehouse or warehouses owned or used by such wholesaler or dealer within the state of Idaho in the conduct of his business as such. All records which a wholesaler or dealer is by law or rule required to maintain, shall be kept at his warehouse within the state of Idaho, or, if such wholesaler or dealer shall have more than one (1) warehouse, then in the warehouse of such wholesaler or dealer which he shall designate as his principal warehouse within the state. Nothing in this section shall be deemed to affect the existing rights of any person who, on and prior to January 1, 1996, was licensed as a wholesaler by the state of Idaho.

History.

I.C.,§ 23-1028, as added by 1961, ch. 299, § 5, p. 543; am. 1996, ch. 329, § 1, p. 1122.

§ 23-1029. Posting of prices.

Each licensed wholesaler, brewer and dealer engaged in selling beer for resale within this state, shall file with the director a written schedule of prices to be charged by him for beer sold within this state for resale therein, which schedule of prices shall be uniform for the same class of buyers in the same trade area within this state, and shall set forth;

1. all brands and types of products offered for sale;
2. the delivered sale price thereof in the several trade areas of the state to the various classes of buyers; and
3. any allowance granted for returned containers.
   1. an increase in prices, for a minimum period of thirty (30) days;
   2. a reduction in prices, for a minimum period of six (6) months.

Such schedule of prices so filed may be changed or modified from time to time by filing with the director a new schedule of prices, not less than ten (10) days prior to the last day of the filing calendar month, becoming effective on the first day of the succeeding calendar month.

Such schedule of prices so filed shall not be withdrawn within ten (10) days of its effective date. An amendment of the prior filing shall show the posting changes of the particular brand and product affected. The amendment shall be in the form of a statement to the director detailing the reasons for the amendment. The amendment submitted to the director shall be prima facie evidence of its correctness; and failure of the director to act upon denial of the amendment within ten (10) days shall constitute its adoption. Upon becoming effective the schedule shall remain in effect as follows:

All price schedules, so filed, shall be subject to public inspection and shall not be considered confidential. Upon the filing of the original schedule of prices, and after the effective date of any schedule of prices amendatory thereto, all prices therein stated shall be strictly adhered to, and any departure or variation therefrom shall constitute the giving of aid or assistance prohibited by the provisions of section 23-1033, Idaho Code.

History.

I.C.,§ 23-1029, as added by 1961, ch. 299, § 5, p. 543; am. 1969, ch. 276, § 1, p. 819; am. 1972, ch. 33, § 1, p. 51; am. 1974, ch. 27, § 49, p. 811; am. 1975, ch. 151, § 1, p. 383; am. 1979, ch. 136, § 1, p. 432.

§ 23-1030. Size of containers.

No dealer or wholesaler shall purchase, receive or resell any beer except in the original container as prepared for the market by the brewer at the place of manufacture.

History.

I.C.,§ 23-1030, as added by 1961, ch. 299, § 5, p. 543; am. 1974, ch. 27, § 50, p. 811; am. 1994, ch. 14, § 1, p. 20.

§ 23-1031. Extension of credit.

1. No sale or delivery of beer shall be made to any licensed retailer, except for cash paid at the time of or prior to delivery thereof, or except as provided by electronic funds transfer in accordance with subsection (3) of this section, and in no event shall any brewer, wholesaler or dealer licensed in the state and engaged in the sale of beer for resale extend any credit on account of such beer to a licensed retailer, nor shall any licensed retailer accept or receive delivery of such beer except when payment therefor is made in cash at the time of or prior to delivery thereof, or by electronic funds transfer in accordance with subsection (3) of this section.
2. The acceptance of a first party check from a licensed retailer by a brewer, wholesaler or dealer licensed in the state and engaged in the sale of beer for resale, or the use of a debit card by a licensed retailer, shall not be deemed an extension or acceptance of credit pursuant to this section.
3. The acceptance and use of an electronic funds transfer shall not be deemed an extension or acceptance of credit pursuant to this section, provided such transfer is initiated and completed promptly and in no event completed later than five (5) business days following delivery of such beer. Any attempt by a licensed retailer to delay payment of an electronic funds transfer pursuant to this section for any period of time beyond the time set forth in this subsection, shall be deemed an acceptance of credit by the licensed retailer.
4. Any extension or acceptance of credit in violation hereof shall constitute the giving and receiving of aid or assistance to or by a licensed retailer prohibited by the provisions of section 23-1033, Idaho Code.

History.

I.C.,§ 23-1031, as added by 1961, ch. 299, § 5, p. 543; am. 1965, ch. 176, § 1, p. 362; am. 1999, ch. 206, § 2, p. 553; am. 2011, ch. 255, § 1, p. 699; am. 2013, ch. 288, § 1, p. 760.

§ 23-1032. Financial interest in dealer or wholesaler prohibited.

1. It shall be unlawful for any brewer, directly or indirectly, or through an affiliate, subsidiary, officer, director, agent or employee to have any financial interest in any licensed wholesaler’s or dealer’s business, or to own or control any real property upon which a licensed dealer or wholesaler conducts business, except:
   1. For a brewer licensed within the state of Idaho who produces fewer than thirty thousand (30,000) barrels of beer annually and is duly licensed as a wholesaler as provided in section 23-1003(f), Idaho Code;
   2. If a licensed dealer or wholesaler has been granted distribution rights by a brewer for a brand in a designated territory and is unable to service the designated sales territory for reasons that are not the result of an action by the brewer, or in the event of a termination, cancellation, discontinuance or failure to renew a distribution agreement between a brewer and a licensed dealer or wholesaler for reasons set forth in section 23-1105, Idaho Code, such as insolvency, loss of licensure or fraud and in accordance with the provisions of chapter 11, title 23, Idaho Code, a brewer shall be allowed to appoint a temporary licensed dealer or wholesaler to service the brewer’s brands in the designated sales territory and, for a period not to exceed five (5) years, to have any financial interest in the temporary licensed dealer or wholesaler; or
   3. If a licensed dealer or wholesaler is voluntarily selling its distribution rights, a brewer whose brand distribution rights are being transferred may have any financial interest in the purchasing distributor for a period not to exceed five (5) years to assist in financing the purchase.
2. It shall be unlawful for any licensed wholesaler or dealer, directly or indirectly, or through an affiliate, subsidiary, officer, director, agent or employee to have any financial interest in a licensed brewer’s business, or to own or control any real property upon which a licensed brewer conducts business. This section shall not apply to a noncontrolling de minimis interest in stock held in a publicly traded company including mutual funds.

History.

I.C.,§ 23-1032, as added by 2014, ch. 244, § 1, p. 613.

§ 23-1033. Financial interest in or aid to retailers prohibited — Certain aid permitted.

1. Except as provided in sections 23-1003(d), and 23-1003(e), Idaho Code, it shall be unlawful for any brewer, dealer, wholesaler, or the holder of any certificate of approval, directly or indirectly, or through an affiliate, subsidiary, officer, director, agent or employee:
   1. To have any financial interest in any licensed retailer’s business, or to own or control any real property upon which a licensed retailer conducts his business, except such property as shall have been so owned or controlled continuously for more than one (1) year prior to July 1, 1975; provided however, that a brewer licensed pursuant to section 23-1003(d) or (e), Idaho Code, may be permitted to have a financial interest in one (1) additional brewery licensed pursuant to section 23-1003(d) or (e), Idaho Code; or
   2. To aid or assist any licensed retailer by giving such retailer, or any employee thereof, any discounts, premiums or rebates in connection with any sale of beer; or
   3. To aid or assist any licensed retailer by furnishing, giving, renting, lending or selling any equipment, signs, supplies, services, or other thing of value to the retailer which may be used in conducting the retailer’s retail beer business, except as expressly permitted by this chapter; or
   4. To enter into any lease or other agreement with any retail licensee to control the product or products sold by such retailer; or
   5. To provide for any rental or other charge to be paid to or by the retailer for product display or advertising display space.
2. A brewer, dealer, or wholesaler as an incident to merchandising in the ordinary course of business, and if available to all licensed retailers without discrimination, may sell to a retailer equipment, supplies, or clothing which may be used in conducting the retailer’s retail business. A brewer, dealer or wholesaler may not sell such equipment or supplies at a price, or under terms, intended or designed to encourage or induce the retailer to use products of the seller to the exclusion of the products of other brewers, dealers or wholesalers. In no event shall the sales price be less than the reasonable value of such equipment or supplies.
3. Notwithstanding the provisions of subsection (2) of this section, a brewer, dealer, or wholesaler, as an incident to merchandising in the ordinary course of business, and if available to all retailers within the brewer, dealer or wholesaler’s service area, without discrimination, may lend, give, furnish or sell to a retailer, the following items:
   1. Necessary accessory equipment, such as shaft blowers, tapping devices, valves, beer hoses, washers, couplings, clamps, air hoses, vents, faucets, CO gas regulators, picnic or party pumps, together with necessary nonmechanical or nonenergized equipment to enable cooling of beer, and CO gas or ice when the same is furnished at the current retail price and as a bona fide sale in the regular course of business;
   2. Signs, posters, placards, designs, devices, decorations or graphic displays bearing advertising matter and for use in windows or elsewhere in the interior of a retail establishment. The brewer, dealer or wholesaler shall not directly or indirectly pay or credit the retailer for displaying such materials or for any expense incidental to their operation;
   3. Newspaper cuts, mats or engraved blocks for use in retailer’s advertisements;
   4. Items such as sports schedules, posters, calendars, informational pamphlets, decals and other similar materials for display at the point of sale which bear brand advertising for beer prominently displayed thereon, and which items are intended for use by the retailer’s customers off the licensed premises and which items are made available to the retailer’s customers for such purpose; (e) Temporary signs or banners displaying a brewer’s, dealer’s or wholesaler’s name, trademark or label, which signs may be permitted to be temporarily displayed on the exterior portion of the retailer premises in connection with a special event, in accordance with such rules relating thereto as may be established by the director.
4. A distributor may perform services incident to or in connection with the following:
   1. The stocking, rotation and restocking of beer sold and delivered to such licensed retailer on or in such licensed retailer’s storeroom, salesroom shelves or refrigerating units, including the marking or remarking of containers of such beer to indicate the selling price as established by the retailer and to the arranging, rearranging, or relocating of advertising displays referred to in this section. For the purposes of this paragraph, a wholesaler may, with the permission of the retailer, and in accordance with space allocations directed by the retailer, set, remove, replace, reset or relocate all beer upon the shelves of the retailer. Labor performed or schematics prepared by the wholesaler relating to conduct authorized pursuant to this paragraph shall not constitute prohibited conduct or unlawful aid to a retailer;
   2. 1. The inspection of a licensed retailer’s draught equipment to insure sanitation and quality control; (b)(i) The inspection of a licensed retailer’s draught equipment to insure sanitation and quality control;
      2. The instruction of licensed retailers in the proper use, maintenance and care of draught equipment, glasses and products used in the sale and dispensing of beer and the preparation and distribution of written information or instructions to licensed retailers with respect thereto;
      3. The tapping of kegs;
      4. A wholesaler may perform such services as may be required to maintain sanitation or quality control and which are incident to the repair and cleaning of a retailer’s draught beer equipment and may furnish or sell the necessary equipment and repair parts and cleaning supplies required in the performance of such services.
5. A wholesaler may assist a retailer by temporarily providing storage of the retailer’s beer for a period not in excess of seven (7) days in the event that such storage is necessary to maintain the quality of such beer during a temporary loss or failure of the retailer’s refrigeration equipment.
6. A brewery, dealer or wholesaler may furnish or give to a retailer authorized to sell beer for consumption on the licensed premises, for sampling purposes only, a container of beer containing not more than sixty-four (64) ounces, not currently being sold by the retailer, and which container is clearly marked “NOT FOR SALE—FOR SAMPLING PURPOSES ONLY.”
7. The word “ale” or “malt liquor” may be substituted for “beer” on any sign used in connection with any advertising herein permitted, provided reference shall be to ale or malt liquor which has an alcoholic content not greater than the limitation prescribed in section 23-1002, Idaho Code.
8. Every violation of the provisions of this section by a dealer, brewer or wholesaler, in which a licensed retailer shall have actively participated shall constitute a violation on the part of such licensed retailer.

History.

I.C.,§ 23-1033, as added by 1975, ch. 151, § 3, p. 383; am. 1976, ch. 34, § 1, p. 71; am. 1978, ch. 59, § 1, p. 115; am. 1984, ch. 232, § 1, p. 560; am. 1987, ch. 22, § 3, p. 29; am. 1991, ch. 159, § 1, p. 380; am. 1994, ch. 361, § 1, p. 1131; am. 2012, ch. 191, § 1, p. 515.

§ 23-1033A. Prohibition of certain trade practices between brewers or dealers and wholesalers.

1. It shall be unlawful for any brewer or dealer, directly or indirectly, or through an affiliate, subsidiary, officer, director, agent or employee:
   1. To require that any wholesaler purchase any such beer or other distributed products from such person to the exclusion in whole or in part of beer or other products made or imported by other dealers or brewers;
   2. To discriminate in price, allowance, rebate, refund, commission, discount, or service between the wholesalers purchasing beer or other products from such brewer or dealer;
   3. To threaten any wholesaler with any discrimination prohibited under subsection (1)(b) of this section, with the purpose or effect of changing or maintaining resale prices of the wholesaler;
   4. To impose conditions or restrictions on a wholesaler not generally imposed on other wholesalers of such brewer.
2. Nothing in this section shall be deemed to prohibit brewers or dealers from selecting their own customers in bona fide transactions not in restraint of trade, nor to prohibit a brewer, or any affiliate or subsidiary of such brewer, duly licensed as a wholesaler from selling and distributing beer or other products manufactured by such brewer at wholesale to the exclusion of beer or other products manufactured by any other brewers. The terms “wholesaler” and “wholesalers” as used in this section shall mean a wholesaler or wholesalers licensed and engaged as such in the sale and distribution of beer in the state of Idaho.

History.

I.C.,§ 23-1033A, as added by 1977, ch. 148, § 1, p. 326; am. 2000, ch. 428, § 1, p. 1383.

§ 23-1034. Sanitation rules for retailers.

Licensed retailers authorized to sell beer for consumption upon such licensee’s premises, shall keep their premises and all coils, cups, mugs, steins, glasses, and other utensils used in connection with the sale and dispensing of beer in a sanitary condition at all times, and shall comply with all rules issued by the department of health and welfare in the state of Idaho and applicable to the operation of the business of such licensed retailer.

History.

I.C.,§ 23-1034, as added by 1961, ch. 299, § 5, p. 543; am. 1974, ch. 117, § 1, p. 1288; am. 1995, ch. 172, § 1, p. 654.

§ 23-1035. Retailer’s signs.

Signs indicating that beer is sold or dispensed on any particular premises shall be displayed only on the exterior portion of the building where the licensed retailer shall carry on his business of selling beer at retail or on property on which any such building is situated and which is owned or possessed by such retailer as a part of his business premises. No more than two (2) single-faced signs or one (1) double-faced sign indicating that beer is sold or dispensed on the premises shall be displayed on such building or property. No dimension of any such sign shall exceed sixty (60) inches and the area of each face of a double-faced and of each single-faced sign shall not exceed fifteen hundred (1,500) square inches measured in such manner as the director may by regulation prescribe. No such sign shall display or make reference to the name of any brewer or the trade name, trademark or label of any brand of beer.

History.

I.C.,§ 23-1035, as added by 1961, ch. 299, § 5, p. 543; am. 1974, ch. 27, § 51, p. 811; am. 1994, ch. 14, § 9, p. 20.

§ 23-1036. Tap markers.

Every faucet, spigot or other dispensing apparatus used on the premises of a licensed retailer for dispensing draught beer shall conspicuously indicate thereon the brand or trade name of the beer or the trademark of the manufacturer of the beer drawn therefrom.

History.

I.C.,§ 23-1036, as added by 1961, ch. 299, § 5, p. 543.

§ 23-1044. Procedure on refusal to grant license.

Upon a determination by the director or by the licensing authority of any county or municipality to refuse issuance of a license to an applicant upon original application, the same procedure herein provided for in cases involving refusal to grant renewal of license for notice and for proceedings to contest determination shall govern insofar as the same are applicable, except that issuance of temporary license shall not be required pending proceedings to contest determination.

History.

I.C.,§ 23-1044, as added by 1961, ch. 299, § 7, p. 543; am. 1974, ch. 27, § 59, p. 811.

§ 23-1053. Audits of records of licensee.

For the purpose of ascertaining compliance with the provisions of section 23-1047[, Idaho Code,] the state tax commission may, as often as it deems advisable, examine the accounts, records, documents and transactions, pertaining to or affecting the beer business of any person holding a license or certificate or [of] approval issued by this state under the provisions of this act. When examination involving any brewer or foreign distributor holding a certificate of approval issued by this state shall require an examiner to travel outside this state, the actual and necessary expenses of travel and subsistence necessarily incurred on account of the examination shall be paid by the holder of such certificate of approval upon presentation of an itemized statement certified by the examiner and approved by the state tax commission.

History.

I.C.,§ 23-1053, as added by 1961, ch. 259, § 1, p. 430.

§ 23-1054. Refund of taxes.

1. If the tax commission determines that any amount due under this chapter has been paid more than once or has been erroneously or illegally collected or computed, the commission shall set forth that fact in its records and the excess amount paid or collected may be credited on any amount then due and payable to the commission from that person and any balance refunded to the person by whom it was paid or to his successors, administrators or executors. The tax commission is authorized and the state board of tax appeals is authorized to order the tax commission in proper cases to credit or refund such amounts whether or not such payments have been made under protest and certify such refund to the state board of examiners.
2. No such credit or refund shall be allowed or made after three (3) years from the time the payment was made, unless before the expiration date of that period a claim therefor is filed by the taxpayer. The three (3) year periods allowed by this section for making refunds or credit claims shall not apply in cases where the tax commission asserts a deficiency of tax imposed by this chapter and taxpayers desiring to appeal or otherwise seek a refund of amounts paid in obedience to those deficiencies must do so within the time limits elsewhere prescribed by law.

History.

I.C.,§ 23-1054, as added by 1986, ch. 73, § 4, p. 201.

§ 23-1055. Unlawful sale, purchases and acts.

It shall be unlawful: (a) for any brewer manufacturing beer outside this state or for any foreign distributor to sell beer for resale or consumption in this state except to dealers and wholesalers licensed in this state; (b) for any dealer or wholesaler licensed in this state to purchase beer manufactured outside this state except from brewers or foreign distributors holding certificates of approval issued by this state and from other dealers or wholesalers licensed in this state; (c) for any person to sell beer for resale or consumption in this state or to transfer or import beer into this state for the purpose of selling such beer for resale or consumption in this state, unless such person shall hold a license or certificate of approval issued by this state pursuant to which any such sale, transportation or importation shall be authorized; (d) for any retailer licensed in this state to purchase beer for resale except from a dealer or wholesaler licensed in this state. Any beer sold, transported or imported in violation of the provisions of this section shall be subject to seizure, forfeiture and sale in the same manner as provided for in section 23-1008[, Idaho Code], as amended.

History.

I.C.,§ 23-1055, as added by 1961, ch. 259, § 1, p. 430.

§ 23-1056. Use of alternative method — Time when authorized.

Use of said alternative method of payment of taxes imposed on beer as provided for in sections 23-1047 through 23-1055[, Idaho Code], shall not be authorized until the state tax commission shall adopt and promulgate a regulation permitting use of such method. On and after the effective date of any such regulation use of such alternative method shall be exclusive, provided, however, tax stamps theretofore purchased by any person liable for payment of taxes on beer and on hand may be used by such person and a credit shall be allowed to him against taxes payable with monthly reports subsequently filed in such manner as the state tax commission may prescribe, or said stamp may be submitted for redemption and refund thereon. Upon thirty (30) days written notice mailed to each brewer and dealer licensed in this state and to each brewer and foreign distributor holding a certificate of approval issued by this state the state tax commission may at any time rescind any such regulation and from and after the effective date of rescission only the method for payment of taxes on beer by use of tax stamps as provided for in section 23-1008[, Idaho Code], as amended, shall be used.

History.

I.C.,§ 23-1056, as added by 1961, ch. 259, § 1, p. 430.

§ 23-1057. Contract brewing.

1. A contractee brewer may enter into a contractual relationship with a contractor brewer to contractually produce beer for the contractee brewer to the extent allowed by federal law.
2. Both the contractee brewer and the contractor brewer shall be separately licensed and separately owned. Beer brewed for a contractee brewer shall count toward the contractee brewer’s annual barrels produced, and such beer shall not count toward the contractor brewer’s annual barrels produced. Each brewer shall be separately and distinctly responsible for compliance with the provisions of this chapter.

History.

I.C.,§ 23-1057, as added by 2019, ch. 214, § 2, p. 651.

§ 23-1101. Declaration of policy.

It is hereby declared to be the policy of the legislature of the state of Idaho to regulate and control the importation, sale and distribution of beer within the state of Idaho, in the exercise of its powers under the twenty-first amendment to the constitution of the United States of America, and pursuant to section 26, article III, of the constitution of the state of Idaho. In furtherance of that policy, the restrictions and regulations contained in this chapter are enacted to promote equality and fair dealing in the business relationship between Idaho distributors of beer and the suppliers of such product and to assure the establishment and maintenance of an orderly system for the distribution of such products in accordance with the laws of this state regulating the sale and distribution of such products to the public.

History.

I.C.,§ 23-1101, as added by 1993, ch. 312, § 1, p. 1148.

§ 23-1102. Definitions.

Whenever used in this chapter, the following words or phrases, or the plural thereof, unless the context clearly requires otherwise, shall have the meaning ascribed to them in this section:

1. “Agreement” means any agreement between a distributor and a supplier, whether oral or written, whereby a distributor is granted the right to purchase a brand, or brands, of beer sold by a supplier and to resell such products within the state of Idaho.
2. “Amend,” “amendment,” or “modify,” means any alteration or change in the agreement, which causes a material change in the distributor’s business or relationship with the supplier, and which alteration or change does not apply to all distributors in the state of Idaho who distribute supplier’s products.
3. “Ancillary business” means a business owned by a distributor, by a substantial stockholder of a distributor, or by a substantial partner of a distributor, the primary business of which is directly related to the transporting, storing or marketing of the supplier’s products.
4. “Designated member” means:
   1. The spouse, child, grandchild, parent, brother or sister of a deceased individual who owned an interest in a distributor;
   2. Any person who inherits an ownership interest in a distributor;
   3. The appointed and qualified personal representative or the testamentary trustee of a deceased individual owning an interest in a distributor;
   4. The person appointed by a court as the guardian or conservator of the property of an incapacitated individual owning an interest in a distributor; or
   5. A person who has succeeded to the deceased individual’s ownership interest in the distributor pursuant to a written contract or instrument which has been previously approved, in writing, by a supplier.
5. “Distributor” means a business entity, whether sole proprietorship, partnership, corporation, association, syndicate, or any other combination of persons, licensed by the state of Idaho to sell beer to retailers. The term “distributor” shall not include a brewery, brewery branch or subsidiary thereof, which is licensed by the state of Idaho and which license authorizes sales of beer to be made directly to a retailer, whether or not licensed as a distributor by the state of Idaho.
6. “Good faith” means honesty in fact in the conduct or transaction involved and the observance of reasonable commercial standards of fair dealing in the trade, as such term and standards are defined in, and interpreted pursuant to, the uniform commercial code, title 28, Idaho Code.
7. “Person” means any individual, partnership, corporation, association, syndicate, or any other combination of individuals or corporations.
8. “Reasonable standards and/or qualifications” mean those criteria established and consistently applied by a supplier to distributors within the state of Idaho and similarly situated distributors in adjoining states who:
   1. Have entered into, continued or renewed an agreement with the supplier during a period of twenty-four (24) months prior to the proposed transfer of the distributor’s business; or
   2. Have changed managers or successor managers during a period of twenty-four (24) months prior to the proposed change in manager or successor manager of the distributor. (9) “Retaliatory action” includes the refusal to continue an agreement, or a material part thereof, or a material reduction in the quality of service or quantity of products available to a distributor under an agreement, which refusal or reduction is not made in good faith.

(10) “Similarly situated distributors in adjoining states” mean distributors in adjoining states having an agreement with the supplier who have reasonably comparable business, area and market characteristics to an Idaho distributor of supplier’s products, which business, area and market characteristics may include, but are not limited to, the following: gross sales’ volume concerning supplier’s products, facilities, number of employees, business capitalization, market areas, considering the population and the demographics thereof, and the square miles of area served.

(11) “Substantial stockholder” or “substantial partner” means a person who owns an interest of ten percent (10%) or more of a distributor.

(12) “Supplier” means any person, either within or outside the state of Idaho, who enters into an agreement with a distributor for the sale of beer to such distributor with the intent that such products will be resold by the distributor to retailers within the state of Idaho. The term “supplier” shall also be deemed to include the successor in interest to a supplier’s business generally, or with reference to a specific brand or brands, of beer. The term “supplier” shall not include any person who produces fewer than thirty thousand (30,000) barrels of beer annually and who is licensed by the state of Idaho for such purpose.

(13) “Transfer of distributor’s business” or similar phrase, means the voluntary sale, assignment or other transfer of all or control of the business, or all or substantially all of the assets of the distributor, or all or control of the capital stock of the distributor, including without limitation the sale or other transfer of capital stock or assets by merger, consolidation or dissolution, or of the capital stock of the parent corporation, or of the capital stock or beneficial ownership of any other entity owning or controlling the distributor.

History.

I.C.,§ 23-1102, as added by 1993, ch. 312, § 1, p. 1148.

§ 23-1103. Prohibited acts.

The following are prohibited under the provisions of this chapter:

1. A distributor shall not:
   1. Transfer the distributor’s business without giving the supplier written notice of the proposed transfer of the business as required under the provisions of this chapter.
   2. Transfer the distributor’s business without receiving the supplier’s written approval for the proposed transfer, where required by an agreement and consistent with the provisions of this chapter.
   3. Distribute, sell or deliver beer to a retailer whose premises are situated outside the geographic territory agreed upon by the distributor and the supplier, as the area in which the distributor will sell beer purchased from the supplier, without the consent of the supplier and the distributor who has been assigned such territory by the supplier.
2. A supplier shall not, directly or indirectly, or through an affiliate or subsidiary:
   1. Require any distributor to do any illegal act or to violate any law or regulation either by threatening to amend, modify, cancel, terminate, or refuse to renew any agreement existing between the supplier and the distributor, or by any other means.
   2. Require any distributor to accept delivery of any beer or other commodity which has not been ordered by the distributor or, if ordered, has been canceled by the distributor in accordance with reasonable cancellation procedures of the supplier. Provided however, a supplier may impose reasonable inventory requirements upon a distributor if the requirements are made in good faith and are generally applied to other distributors in Idaho and similarly situated distributors in adjoining states having an agreement with the supplier.
   3. Withhold delivery of beer ordered by a distributor or change a distributor’s allocation of a brand or brands by the supplier if the withholding or change is not made in good faith.
   4. Engage in any conduct that requires a distributor to fix or maintain the resale prices at which the distributor sells products received from the supplier.
   5. Require a distributor to purchase one (1) or more brands of beer or other products in order for the distributor to purchase another brand or brands of beer. Provided however, that if a distributor has agreed to distribute a brand or brands of beer before the effective date of this chapter, the distributor shall continue to distribute the brand or brands of beer in conformance with the provisions of this chapter.
   6. Require a distributor to assent to any unreasonable requirement, condition, understanding or term of an agreement which limits the distributor’s right to sell a brand or brands of beer or other products of any other supplier.
   7. Require a distributor to submit financial reports or other specific financial or sales information regarding products sold by the distributor, other than those of the supplier, as a condition of renewal or continuation of an agreement.
   8. Require a distributor to terminate the designation of an individual as a manager or successor manager of a distributor, or refuse to approve the designation of an individual as manager or successor manager, unless the manager or successor manager fails to meet reasonable standards or qualifications for such position which standards or qualifications are nondiscriminatory and are applied uniformly to all distributors similarly situated. In any legal action, or other dispute resolution proceedings, challenging such termination or designation, the distributor shall have the burden of proving that the termination of the manager or successor manager was required by the supplier or that the supplier refused to approve the designation of an individual as manager or successor manager. Upon the distributor making such prima facie showing, the supplier shall have the burden of proving that such person fails to meet nondiscriminatory and reasonable standards and qualifications. (i) Take any retaliatory action against a distributor who, with just cause, files a complaint with any regulatory body or in any court of law regarding an alleged violation of federal, state or local law or of any administrative rule by the supplier.

History.

I.C.,§ 23-1103, as added by 1993, ch. 312, § 1, p. 1148.

§ 23-1104. Notice of transfer by distributor — Consent by supplier.

1. A distributor who proposes to transfer the distributor’s business shall give the supplier written notice of the distributor’s proposed transfer of the distributor’s business not less than thirty (30) days prior to the date specified in the notice for completion of the transfer, except in cases of transfer to a designated member, in which case the transferee shall give the supplier written notice of the transfer within a reasonable time after the transfer is completed.
2. A supplier’s written consent shall be required for a transfer of the distributor’s business to a person other than a designated member. Provided however, written consent from a supplier shall be required for a transfer of the distributor’s business to a designated member if any of the following conditions apply:
   1. The transferee or any owner of the transferee has been convicted of a felony under the laws of any state or of the federal government which would adversely affect the good will or interests of the supplier.
   2. The transferee or any owner of the transferee has had a license for the sale of beer, wine or any alcoholic beverage suspended or revoked by the regulatory agency of the federal government or of any state and such suspension or revocation interrupted service by the transferee or by the owner of the transferee for a period of more than thirty (30) days.
   3. The transferee or any owner of the transferee is insolvent within the definition of section 101, title 11, United States Code, or there has been a liquidation, dissolution or assignment for the benefit of creditors of substantially all of the transferee’s business or assets, or an order for relief under chapter 7, title 11, United States Code, has been entered with respect to the transferee.
   4. The transferee or any owner of the transferee has had any previous agreement with the supplier involuntarily terminated, canceled, discontinued or not renewed by the supplier for good cause.
3. If the transferee is a designated member, a supplier shall not interfere with, prevent, or unreasonably delay the transfer of the distributor’s business. An unreasonable delay is one that exceeds thirty (30) days after the service of the notice required by subsection (1) of this section and the receipt of all material information reasonably requested from which the supplier can determine whether the transfer to the designated member may require the supplier’s consent. If consent is required, a supplier may not withhold consent or unreasonably interfere with the transfer of the distributor’s business if the transferee meets reasonable standards and qualifications which are material and nondiscriminatory.
4. If the transferee is not a designated member, a supplier may not withhold consent or unreasonably interfere with or delay the transfer of the distributor’s business if the transferee meets reasonable standards and qualifications which are material and nondiscriminatory. An unreasonable delay is one that exceeds thirty (30) days after the receipt of all material information reasonably requested to enable the supplier to determine whether the transferee meets reasonable standards and qualifications.
5. In any legal action, or other dispute resolution proceeding, between a distributor and supplier relating to the supplier’s refusal to consent to the transfer of the distributor’s business to a transferee, the distributor shall have the burden of proving that the supplier withheld consent, interfered with or delayed the proposed transfer of the distributor’s business. Upon the distributor making such prima facie showing, the supplier shall have the burden of proving that the proposed transferee does not meet such reasonable standards and qualifications. History.

I.C.,§ 23-1104, as added by 1993, ch. 312, § 1, p. 1148.

§ 23-1105. Supplier’s right to amend, cancel or fail to renew immediately upon written notice — Grounds.

A supplier may amend, modify, terminate, cancel, discontinue or fail to renew an agreement with a distributor immediately upon written notice given by the supplier as provided in section 23-1108, Idaho Code, only if any of the following occur:

1. Revocation or suspension of a governmental permit or license held by the distributor whereby the distributor cannot service the distributor’s sales territory for a period of more than thirty (30) days.
2. The distributor is insolvent within the definition of section 101, title 11, United States Code, or there has been a liquidation, dissolution or assignment for the benefit of creditors of substantially all of the distributor’s business or assets, or an order for relief under chapter 7, title 11, United States Code, has been entered with respect to the distributor.
3. A stockholder or a partner of the distributor who holds or owns ten percent (10%) or more of the stock or value of the distributor has been convicted of a felony under the laws of the United States or the laws of any state which conviction would adversely affect the good will or interests of the distributor or supplier. Provided however, that if another stockholder or other stockholders, or partner or partners, or a designated member or members, or other person, notifies the supplier in writing prior to the conviction of an intent to purchase the partnership interest or the stock of the offending stockholder or partner and then purchases the interest or stock within thirty (30) days after a final conviction or within thirty (30) days after the supplier has consented to the transfer, whichever event occurs last, the supplier shall not amend, modify, terminate, cancel, discontinue or fail to renew such agreement. Any purchase of an interest or stock pursuant to the provisions of this subsection shall comply with the requirements and conditions of supplier consent contained in the provisions of section 23-1104, Idaho Code.
4. An assignment of the distributor’s agreement with the supplier, or a transfer of the distributor’s business, other than to a designated member, has been made without written notice as provided under the provisions of this chapter.
5. Fraud by the distributor in his dealings with the supplier or with reference to supplier’s products.
6. The distributor has failed to pay for products ordered and delivered in accordance with established terms with a supplier and fails to make full payment within five (5) business days after receipt of written notice of the delinquency and demand for immediate payment from the supplier.
7. A transfer of the distributor’s business is made despite timely and proper notice of disapproval by the supplier.
8. The distributor has sold or delivered beer to a retailer whose premises are outside of the territory assigned to the distributor by the supplier in the agreement.

History.

I.C.,§ 23-1105, as added by 1993, ch. 312, § 1, p. 1148.

§ 23-1106. Supplier’s right to discontinue distribution of brand.

1. A supplier may amend, modify, terminate, cancel, discontinue or fail to renew an agreement, with reference to a brand sold by a supplier, not less than thirty (30) days after written notice is given by the supplier as provided in section 23-1108, Idaho Code, if the supplier discontinues production or discontinues distribution in this state of a brand of beer sold by the supplier to the distributor.
2. Nothing in this section shall prohibit a supplier from conducting test marketing of a product which is not currently being sold in this state, provided that the supplier has notified the director, Idaho state police, in writing, of its plans to conduct test marketing, which notice shall describe the market area in which the test shall be conducted, the name or names of the distributor or distributors who will be selling the product, the name or names of the product being tested, and the period of time, not to exceed eighteen (18) months, during which the testing will take place.
3. If a supplier causes the discontinuance of distribution in this state of a brand of beer, except a brand that is being test marketed pursuant to subsection (2) of this section, then that brand cannot be reintroduced or sold to distributors within this state by any supplier for a period of six (6) months after providing the written notice required in the provisions of this section. A supplier who is test marketing a brand or brands in this state, in compliance with subsection (2) of this section, shall not be subject to the six (6) month reintroduction limitation set forth in the provisions of this subsection.
4. Whenever a supplier discontinues distribution in this state of a brand of beer, the supplier shall be required, at the distributor’s request, to purchase from the distributor any unsold inventory of that brand.

History.

I.C.,§ 23-1106, as added by 1993, ch. 312, § 1, p. 1148; am. 2000, ch. 469, § 71, p. 1450.

§ 23-1107. Supplier requirements upon amendment, cancellation or refusal to renew an agreement.

Except as provided in sections 23-1105 and 23-1106, Idaho Code, a supplier may not amend, modify, terminate, cancel, discontinue, or refuse to renew an agreement with a distributor, or cause a distributor to resign from an agreement, unless the supplier has complied with the following requirements:

1. The supplier shall give written notice to the distributor, as provided in section 23-1108, Idaho Code.
2. The supplier acts in good faith. In any legal action, or dispute resolution proceeding, the supplier shall have the burden of proving that it acted in good faith.
3. The supplier has good cause. In any legal action, or dispute resolution proceeding, the supplier shall have the burden of proving that it has good cause. Good cause exists when all of the following have occurred:
   1. The distributor has failed to comply substantially with essential and reasonable requirements imposed upon him by the agreement, if such requirements are not discriminatory, either by their terms or in the method of their enforcement, as compared with requirements imposed on other distributors in Idaho or similarly situated distributors in adjoining states and if such requirements are not in violation of any law or regulation.
   2. The supplier first acquired knowledge of the failure described in subsection (3)(a) of this section not more than twenty-four (24) months before the date notification was given pursuant to the provisions of section 23-1108, Idaho Code.
   3. The supplier has given written notice to the distributor, stating specifically the manner in which the distributor has failed to comply with the agreement.
   4. The distributor was given adequate opportunity to use good faith efforts to correct the failure to comply with the agreement. Adequate opportunity shall be thirty (30) days after receipt of the supplier’s notice to submit a plan of corrective action to comply with the agreement and an additional ninety (90) days after the submission of a plan of corrective action to correct the failure in accordance with the plan.

History.

I.C.,§ 23-1107, as added by 1993, ch. 312, § 1, p. 1148.

§ 23-1108. Notice requirements.

Notice by a supplier of any proposed amendment, modification, termination, cancellation, discontinuance or refusal to renew an agreement with the distributor shall be written, shall be provided to the distributor in the manner provided in the agreement, if written, or if the agreement is oral, by certified mail, and the notice shall contain all of the following:

1. A statement of intention to amend, modify, terminate, cancel, discontinue or refuse to renew the agreement.
2. A statement of the reason(s) for the amendment, modification, termination, cancellation, discontinuance or nonrenewal.
3. The date on which the amendment, modification, termination, cancellation, discontinuance or nonrenewal will take effect.

History.

I.C.,§ 23-1108, as added by 1993, ch. 312, § 1, p. 1148.

§ 23-1109. Transferee of distributor’s business bound by agreements in effect at time of transfer — Supplier’s successor bound by agreements in effect at time of succession to supplier’s interest.

1. A transferee of a distributor’s business that continues to operate the business shall have the benefit of and be bound by all terms and conditions of the agreement with the supplier in effect on the date of the transfer.
2. A successor to a supplier’s interest in a particular brand or brands of beer, whether acquired by purchasing of the brand name or all or substantially all of the stock or assets of the supplier of that brand or brands, or who has been granted the marketing rights to a particular brand or brands of beer shall be bound by all terms and conditions of each agreement with distributors with respect to that brand or brands in effect on the date of the succession to such interest as a condition of such successor in interest continuing to sell that brand or brands to distributors for resale within this state.

History.

I.C.,§ 23-1109, as added by 1993, ch. 312, § 1, p. 1148.

§ 23-1110. Compensation to distributor upon termination, cancellation or nonrenewal of agreement.

1. In the event that an agreement is terminated, canceled or not renewed by a supplier, the distributor shall be entitled to reasonable compensation for the laid-in cost to the distributor of the inventory of the supplier’s products, including any taxes paid on the inventory by the distributor, together with a reasonable charge for handling of the products.
2. In the event that an agreement is terminated, canceled or not renewed by a supplier in bad faith or for other than good cause, the distributor shall be entitled to additional compensation from the supplier for:
   1. The fair market value of any and all assets, including ancillary businesses, relating to the transporting, storing or marketing of supplier’s products; and
   2. The good will of the business.
3. The total compensation to be paid by the supplier shall be reduced by any sum received by the distributor from sale of assets of the business used in the distribution of the supplier’s products as well as by whatever value such assets may have to the distributor that are unrelated to the supplier’s products.
4. As used in subsection (2)(a) of this section, fair market value means the highest dollar amount at which a seller would be willing to sell and a buyer would be willing to buy when each possesses all information relevant to the transaction.

History.

I.C.,§ 23-1110, as added by 1993, ch. 312, § 1, p. 1148.

§ 23-1111. Arbitration.

Any dispute arising under the provisions of this chapter may be settled by such dispute resolution procedures, including arbitration, as may be provided by a written agreement between the parties. In the absence of a written agreement providing for dispute resolution procedures, any dispute arising under the provisions of this chapter may be settled by arbitration, if every party involved in the dispute agrees to arbitrate. Arbitration shall be conducted in accordance with the uniform arbitration act of the state of Idaho, chapter 9, title 7, Idaho Code.

History.

I.C.,§ 23-1111, as added by 1993, ch. 312, § 1, p. 1148.

§ 23-1112. Judicial remedies of parties.

1. If a supplier engages in conduct prohibited under the provisions of this chapter, a distributor with which the supplier has an agreement may maintain a civil action against the supplier to recover actual damages, court costs, and, in the court’s discretion, attorney’s fees, reasonably incurred as the result of the prohibited conduct. If a distributor engages in conduct prohibited under the provisions of this chapter, a supplier with which the distributor has an agreement may maintain a civil action against the distributor to recover actual damages, court costs and, in the court’s discretion, attorney’s fees reasonably incurred as a result of the prohibited conduct. Actual damages shall include damages to any ancillary business incurred as a result of the prohibited conduct.
2. A supplier or distributor may bring an action for declaratory judgment for determination of any controversy arising pursuant to the provisions of this chapter.
3. Upon proper application to the court, a supplier or distributor may obtain injunctive relief against any violation of the provisions of this chapter.
4. The remedies provided in this section shall not abolish any other cause of action or remedy available to the supplier or the distributor.
5. Nothing contained in this chapter shall give rise to a claim against the supplier or distributor by any proposed transferee of the distributor’s business.

History.

I.C.,§ 23-1112, as added by 1993, ch. 312, § 1, p. 1148.

§ 23-1113. Waiver of benefits of chapter.

No agreement shall require a supplier or distributor to waive any rights granted pursuant to any provision of this chapter and the provisions of any agreement which would have such an effect shall be null and void. However, if a good faith dispute arises between the parties as to the meaning of any rights or obligations created in the provisions of this chapter, or the performance by a party of its obligations, the parties may enter into a written voluntary settlement of the dispute.

History.

I.C.,§ 23-1113, as added by 1993, ch. 312, § 1, p. 1148.

§ 23-1201 — 23-1207. Application — Duties of sheriff — Fees — Fraudulent misrepresentation — Penalty. [Repealed.]

§ 23-1301. Short title.

This act shall be known and designated as the “County Option Kitchen and Table Wine Act.”

History.

1971, ch. 156, § 1, p. 760.

§ 23-1302. Purpose and construction of act.

The purpose of this act is to regulate the importation, distribution and sale, both at wholesale and retail, of wines while reserving to each county of this state the right to prohibit the distribution or sale of wine within its borders. This act shall not be construed to affect laws regulating the retail sale of alcoholic beverages, nor shall it be construed to in any way enlarge the class of persons who may lawfully buy, possess or consume any variety of wine whatever its alcoholic content.

History.

1971, ch. 156, § 2, p. 760; am. 2011, ch. 130, § 3, p. 363.

§ 23-1303. Definitions.

1. The following terms as used in this chapter are hereby defined as follows:
   1. “Bonded wine warehouse” means a licensed warehouse within the state of Idaho that is solely authorized to store and handle wine.
   2. “Bonded wine warehouse license” means a license that authorizes a bonded wine warehouse to solely store and handle wine. Handling of wine as provided for in this chapter includes the loading, unloading, and delivery of wine from a vintner or winery to a bonded wine warehouse, from a bonded wine warehouse to a vintner or winery, from a bonded wine warehouse to another bonded wine warehouse, or from a bonded wine warehouse to a distributor. A bonded wine warehouse license does not authorize the distribution or sale of wine.
   3. “Dessert wine” means only those wines that contain more than sixteen percent (16%) alcohol by volume, but do not exceed twenty-four percent (24%) alcohol by volume, are grape-based, and are fortified through the addition of wine-based spirits or brandy made from grapes. Dessert wine as defined herein shall not be deemed to be a spirit-based beverage for the purposes of paragraph (i) of this subsection. Dessert wine as defined in this section shall not include aromatized wines such as vermouth, quinquina, and americano.
   4. “Director” means the director of the Idaho state police.
   5. “Distributor” means a person to whom a wine distributor’s license has been issued.
   6. “Domestic produced product” means wine at least seventy-five percent (75%) of which by volume is derived from fruit or agricultural products grown in Idaho.
   7. “Importer” means a person to whom a wine importer’s license has been issued.
   8. “Live performance” means a performance occurring in a theater and not otherwise in violation of any provision of Idaho law.
   9. “Low proof spirit beverages” means any alcoholic beverage containing not more than fourteen percent (14%) alcohol by volume obtained by distillation mixed with drinkable water, fruit juices and/or other ingredients in solution. These products shall be considered and taxed as wine. Spirit-based beverages exceeding fourteen percent (14%) alcohol by volume shall be considered as liquor and sold only through the division system.
   10. “Person” includes an individual, firm, copartnership, association, corporation, or any group or combination acting as a unit, and includes the plural as well as the singular unless the intent to give a more limited meaning is disclosed by the context in which it is used.
   11. “Retailer” means a person to whom a retail wine license has been issued.
   12. “Retail wine license” means a license issued by the director authorizing a person to sell table wine and/or dessert wine at retail for consumption off the licensed premises.
   13. “Table wine” shall mean any alcoholic beverage containing not more than sixteen percent (16%) alcohol by volume obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar whether or not other ingredients are added.
   14. “Theater” means a room, place or outside structure for performances or readings of dramatic literature, plays or dramatic representations of an art form not in violation of any provision of Idaho law.
   15. “Vintner” means a person who manufactures, bottles, or sells table wine or dessert wine to importers for resale within this state other than a licensed “winery” as herein defined.
   16. “Wine” includes table wine and dessert wine, unless the context requires otherwise.
   17. “Wine by the drink license” means a license to sell table wine or dessert wine by the individual glass or opened bottle at retail, for consumption on the premises only.
   18. “Wine distributor’s license” means a license issued by the director to a person authorizing such person to distribute table wine or dessert wine to retailers within the state of Idaho.
   19. “Wine importer’s license” means a license issued by the director to a person authorizing such person to import table wine or dessert wine into the state of Idaho and to sell and distribute such wines to a distributor.
   20. “Winery” means a place, premises or establishment within the state of Idaho for the manufacture or bottling of table wine or dessert wine for sale. Two (2) or more wineries may use the same premises and the same equipment to manufacture their respective wines, to the extent permitted by federal law.
   21. “Winery license” means a license issued by the director authorizing a person to maintain a winery.
2. All other words and phrases used in this chapter, the definitions of which are not herein given, shall be given their ordinary and commonly understood and accepted meanings.

History.

1971, ch. 156, § 3, p. 760; am. 1973, ch. 144, § 1, p. 281; am. 1974, ch. 27, § 62, p. 811; am. 1984, ch. 221, § 1, p. 530; am. 1987, ch. 169, § 2, p. 330; am. 1994, ch. 266, § 1, p. 823; am. 2000, ch. 469, § 72, p. 1450; am. 2003, ch. 111, § 5, p. 348; am. 2003, ch. 119, § 1, p. 362; am. 2004, ch. 318, § 3, p. 892; am. 2008, ch. 181, § 1, p. 546; am. 2009, ch. 23, § 54, p. 53; am. 2017, ch. 73, § 1, p. 184; am. 2019, ch. 76, § 1, p. 179; am. 2020, ch. 10, § 1, p. 12.

§ 23-1304. County option — Resolution of county commissioners — Order for election — Form of ballot — Effect of election or resolution.

There is hereby granted to the board of county commissioners of each of the several counties of this state the right and authority to permit the sale of table wine and/or dessert wine, as defined in this chapter, within the borders of the several counties of this state, which may be exercised in the following manner:

1. the board of county commissioners of each county of this state may, by resolution regularly adopted, provide that retail sale of table wine and/or dessert wine, as defined in this chapter, shall be permitted within the county, and upon a certification of such resolution to the director, a retail wine license shall thereafter be issued for premises within such county so long as such resolution remains in effect; or
2. the board of county commissioners of each of the several counties of this state may submit the question of permitting the sale of table wine and/or dessert wine at retail within the boundaries of the county to the electors of the county.

The board of county commissioners may make an order calling an election to be held, subject to the provisions of section 34-106, Idaho Code, within said county in the manner provided by law for holding elections for county officers. All laws of the state of Idaho relating to the holding of elections for county officers shall apply to the holdings of the election provided for in this section, except where specifically modified herein.

Such election may also be called upon written petition of registered electors equal in number to twenty percent (20%) of the registered, qualified electors of the county for the last general election under the following conditions:

(a) The petition for such an election shall be in substantially the following form:

§ 23-1305. Restrictions — Authority of division preserved.

1. Wine, as defined in this act, may be manufactured, imported into this state, possessed, distributed and sold in this state in the manner and under the conditions prescribed in this act and not otherwise.
2. Nothing contained in this act shall prohibit the division from selling wine pursuant to the Idaho liquor act in any outlet of the division.

History.

1971, ch. 156, § 5, p. 760; am. 2009, ch. 23, § 55, p. 53.

§ 23-1306. Licenses required — Application — Issuance or refusal.

1. Before any person shall manufacture, import into this state, bottle or broker for resale within this state, possess for resale, store and handle wine as a bonded wine warehouse, or distribute or sell wine within the state of Idaho, he shall apply to the director for a license. The application form shall be prescribed and furnished by the director and require that the applicant therein show that he possesses all of the qualifications and none of the disqualifications of a licensee. A person may apply for and receive a license as both a distributor and importer, if otherwise qualified therefor, and shall pay the license fee required pursuant to this chapter for each license. A winery licensed under this chapter shall also be considered as holding, for the purposes of selling a product processed and bottled by or for that winery, a current retail wine license and wine by the drink license for the licensed premises and for use at functions and events identified in section 23-1338, Idaho Code, and a current wine distributor’s and importer’s license, without further application or fee. If the director is satisfied that the applicant possesses the qualifications and none of the disqualifications for such license, he shall issue a license for each classification applied for, subject to the restrictions of and upon the conditions specified in this chapter. The license or licenses issued shall be at all times prominently displayed in the place of business of the licensee. If the director determines that the applicant is not properly qualified, he shall refuse to issue a license and shall forthwith so notify the applicant and shall return to the applicant with such notification, three-fourths (¾) of the license fee remitted with the application. A separate retail wine by the drink license, and wine distributor’s license shall be required for each premises. Provided, however, nothing herein shall prohibit a distributor or retailer or wine by the drink licensee from possessing licenses for more than one (1) premises.
2. A bonded wine warehouse licensed under this chapter shall solely be authorized to store and handle wine produced by vintners and wineries. A license applicant shall hold a federal permit for a bonded wine cellar and may be required to post a continuing wine tax bond of such an amount and in such a form as may be required prior to the issuance of a bonded wine warehouse license. All wine shipped to and from a bonded wine warehouse shall remain under bond and no tax imposed shall be due, unless the wine is removed from bond and delivered to a licensed distributor.

History.

1971, ch. 156, § 6, p. 760; am. 1973, ch. 144, § 2, p. 281; am. 1974, ch. 27, § 64, p. 811; am. 1984, ch. 221, § 2, p. 530; am. 1987, ch. 169, § 3, p. 330; am. 1993, ch. 333, § 1, p. 1232; am. 1994, ch. 244, § 1, p. 763; am. 2007, ch. 289, § 1, p. 821; am. 2020, ch. 10, § 2, p. 12.

§ 23-1307. Qualifications for retail wine license, wine by the drink license, bonded wine warehouse license, and distributor’s license.

1. No retail wine license, wine by the drink license, bonded wine warehouse license, or wine distributor’s license shall be issued to an applicant who at the time of making the application:
   1. If a corporation, has not qualified as required by law to do business in the state of Idaho;
   2. Has had a wine distributor’s license, retail wine license, wine by the drink license, bonded wine warehouse license, or wine importer’s license revoked by the director within three (3) years from the date of making such application;
   3. Has been convicted of a violation of the laws of this state or of the United States governing the sale of alcoholic beverages, wine, or beer, within three (3) years from the date of making such application;
   4. Has been convicted of a felony or been granted a withheld judgment following an adjudication of guilt of a felony within five (5) years from the date of making such application;
   5. If an individual or partnership, either the individual or at least one (1) of the partners of a partnership is not nineteen (19) years of age or older.
2. Licensed wineries shall not be required to possess a retail beer license to sell wine on the winery’s original licensed premises or at locations other than the winery’s original licensed premises.
3. To determine qualification for a license, the director shall also cause an investigation that shall include a fingerprint-based criminal history check of the Idaho central criminal history database and the federal bureau of investigation criminal history database. Each person listed as an applicant on an initial application shall submit a full set of fingerprints and the fee to cover the cost of the criminal history background check for such person with the application.

History.

1971, ch. 156, § 7, p. 760; am. 1973, ch. 144, § 3, p. 281; am. 1974, ch. 27, § 65, p. 811; am. 1987, ch. 169, § 4, p. 330; am. 1992, ch. 315, § 4, p. 937; am. 1994, ch. 14, § 7, p. 20; am. 2001, ch. 284, § 4, p. 1014; am. 2010, ch. 87, § 1, p. 168; am. 2017, ch. 73, § 2, p. 184; am. 2020, ch. 10, § 3, p. 12.

§ 23-1307A. Wine by the drink establishment not allowed near churches or schools — Exceptions.

No wine by the drink license shall be issued for any place, where wine is sold or dispensed to be consumed on the premises, whether conducted for pleasure or profit, that is within three hundred (300) feet of any public school, church, or any other place of worship measured in a straight line to the nearest entrance to the licensed premises, except [that] with the approval of the governing body of the municipality; provided that this limitation shall not apply to any duly licensed premises that at the time of licensing did not come within the restricted area, but subsequent to licensing came therein.

History.

I.C.,§ 23-1307A, as added by 1978, ch. 349, § 2, p. 913.

§ 23-1308. Qualifications for importer’s license.

No wine importer’s license shall be issued to an applicant who at the time of making the application:

1. Has not executed an agreement in writing with the director that such importer and every person employed by it or acting as its agents other than distributors and retailers, will faithfully comply with and observe all the provisions of the laws of the state of Idaho relating to the importation, sale and distribution of wine and all rules and regulations adopted by the director pursuant to this act;
2. Has had a wine distributor’s license, retail wine license, wine by the drink license or wine importer’s license, revoked by the director within three (3) years from the date of making such application;
3. Has been convicted of a violation of the laws of this state or of the United States governing the sale of alcoholic beverages, wine, or beer, within three (3) years from the date of making such application;
4. Has been convicted of a felony or been granted a withheld judgment following an adjudication of guilt of a felony within five (5) years from the date of making such application.

History.

1971, ch. 156, § 8, p. 760; am. 1973, ch. 144, § 4, p. 281; am. 1974, ch. 27, § 66, p. 811.

§ 23-1308A. Qualifications for winery license.

1. No winery license shall be issued to an applicant who at the time of making the application:
   1. Has not executed an agreement in writing with the director that such winery and every person employed by it or acting as its agents other than distributors and retailers, will faithfully comply with and observe all the provisions of the laws of the state of Idaho relating to the manufacturing, sale and distribution of wine and all rules adopted by the director pursuant to this act;
   2. Has had a winery license, a wine distributor’s license, retail wine license, wine by the drink license or wine importer’s license, revoked by the director within three (3) years from the date of making such application;
   3. Has been convicted of a violation of the laws of this state or of the United States governing the sale of alcoholic beverages, wine, or beer, within three (3) years from the date of making such application;
   4. Has been convicted of a felony or been granted a withheld judgment following an adjudication of guilt of a felony within five (5) years from the date of making such application.
2. To determine qualification for a license, the director shall cause an investigation which shall include a fingerprint-based criminal history check of the Idaho central criminal history database and the federal bureau of investigation criminal history database. Each person listed as an applicant on an initial application shall submit a full set of fingerprints and the fee to cover the cost of the criminal history background check for such person with the application.

History.

I.C.,§ 23-1308A, as added by 1984, ch. 221, § 3, p. 530; am. 1987, ch. 169, § 5, p. 330; am. 1993, ch. 333, § 2, p. 1232; am. 2001, ch. 284, § 5, p. 1014.

§ 23-1309. Restrictions on importation and distribution.

No importer shall import wine into the state of Idaho for resale within the state to a destination other than the warehouse of a distributor within the state of Idaho. No distributor shall sell or distribute wine in this state except from stocks of wine which have been unloaded, stored and maintained in a warehouse or warehouses located within the state of Idaho and owned or used by such distributor in the conduct of his business as such. All records which a distributor is by law or rule required to maintain, shall be kept at his warehouse, or if such distributor shall have more than one (1) warehouse, then in the warehouse of such distributor which he shall designate as his principal warehouse within the state. Nothing in this section shall be deemed to affect the existing rights of any person who, on and prior to January 1, 1996, was licensed as a distributor by the state of Idaho.

History.

1971, ch. 156, § 9, p. 760; am. 1996, ch. 329, § 2, p. 1122.

§ 23-1309A. Shipment and receipt of wine authorized — Labeling requirement.

1. Notwithstanding any other provision of law, rule or regulation to the contrary, any holder of a winery license under section 23-1306, Idaho Code, or any person holding a license to manufacture wine in another state who obtains a wine direct shipper permit pursuant to this section may sell and ship up to twenty-four (24) nine-liter cases of wine annually directly to a resident of Idaho, who is at least twenty-one (21) years of age, for the resident’s personal use and not for resale.
2. Before sending any shipment to a resident of Idaho, the wine direct shipper permit holder must:
   1. File an application with the director;
   2. Pay a fifty dollar ($50.00) annual registration fee if the winery is not currently licensed by the director;
   3. Provide the director its Idaho winery license number or a true copy of its current alcoholic beverage license issued by another state;
   4. Obtain from the director a wine direct shipper permit;
   5. Register with the state tax commission for the payment of sales and use taxes and excise taxes on wine sold to residents of Idaho under the wine direct shipper permit.
3. A wine direct shipper permit authorizes the permit holder to do all of the following:
   1. Sell and ship not more than twenty-four (24) nine-liter cases of wine annually to any person twenty-one (21) years of age or older for his or her personal use and not for resale;
   2. Ship wine directly to a resident in this state only in compliance with subsections (8) and (9) of this section;
   3. Report to the director, no later than January 31 of each year, the total amount of wine shipped during the preceding calendar year under the wine direct shipper permit;
   4. If the permit holder is located outside this state, pay to the state tax commission all sales and use taxes, and excise taxes on sales to residents of Idaho under the wine direct shipper permit. For excise tax purposes, all wine sold pursuant to a direct shipper permit shall be deemed to be wine sold in this state;
   5. Permit the director and the state tax commission to perform an audit of the wine direct shipper permit holder’s records upon request;
   6. Be deemed to have consented to the jurisdiction of the alcohol beverage control division [bureau] of the Idaho state police, or any other state agency and the Idaho courts concerning enforcement of this section and any related laws, rules or regulations.
4. A wine direct shipper permit holder located outside the state may annually renew its permit with the director by paying a twenty-five dollar ($25.00) renewal fee and providing the director a true copy of its current alcoholic beverage license issued in another state. A wine direct shipper permit holder located in Idaho shall renew its wine direct shipper permit in conjunction with its license to manufacture wine. All registration fees and renewal fees shall be shared equally by the state police and the state tax commission.
5. The director may enforce the requirements of this section by administrative proceedings or suspend or revoke a wine direct shipper permit, and the director may accept payment of an offer in compromise in lieu of suspension, such payments to be determined by rule promulgated by the director.
6. Sales and shipments of wine directly to consumers in Idaho from wine manufacturers in Idaho or in another state who do not possess a current wine direct shipper permit are prohibited. Any person who knowingly makes such a shipment is guilty of a misdemeanor.
7. A licensee who holds a license for the retail sale of wine for consumption off the licensed premises may ship not more than two (2) cases of wine, containing not more than nine (9) liters per case, per shipment, for personal use and not for resale, directly to a resident of another state if the state to which the wine is sent allows residents of this state to receive wine sent from that state without payment of additional state tax, fees or charges. The sale shall be considered to have occurred in this state.
8. The shipping container of any wine shipped under this section must be clearly labeled to indicate that the container contains alcoholic beverages and cannot be delivered to a person who is not at least twenty-one (21) years of age.
9. For wine shipped under this section to an Idaho resident, the delivery person shall:
   1. Have the person who receives the wine shipment sign for it; and
   2. Not make deliveries to anyone who is under twenty-one (21) years of age or to anyone who is visibly intoxicated; and
   3. Keep the signature record for one (1) year.
10. Sales authorized under this section are sales made by a retailer who is not authorized to sell at wholesale or sales by a winery of wine produced or bottled by the winery.
11. The director and the state tax commission may promulgate rules to effectuate the purposes of this section and are authorized to exchange necessary information to implement the provisions of this section.

History.

I.C.,§ 23-1309A, as added by 1992, ch. 236, § 1, p. 704; am. 2006, ch. 29, § 1, p. 89.

§ 23-1310. Storage or purchase by distributor — From whom purchased.

No distributor may store or purchase wine for purposes of storage or resale unless said wine has been received from persons holding a valid wine importer’s license, a valid wine distributor’s license, a valid winery license, or a valid bonded wine warehouse license.

History.

1971, ch. 156, § 10, p. 760; am. 1984, ch. 221, § 4, p. 530; am. 2020, ch. 10, § 4, p. 12.

§ 23-1311. Sales by distributors — Restrictions.

No distributor may sell any wine produced, manufactured, imported, or bought by such distributor, for use within this state, except to the holder of a valid retail wine license or wine by the drink license, or valid wine distributor’s license or to the division. Provided however, any distributor may sell any wine produced, manufactured, imported, or bought by such distributor, for use within this state, to a bona fide employee of such distributor. No distributor shall permit, for a consideration, wine to be consumed upon the premises of the distributor.

History.

1971, ch. 156, § 11, p. 760; am. 1973, ch. 144, § 5, p. 281; am. 1988, ch. 164, § 1, p. 295; am. 1991, ch. 137, § 7, p. 320; am. 2009, ch. 23, § 56, p. 53.

§ 23-1312. By the drink liquor retailers may purchase from distributors.

Any law to the contrary notwithstanding, including but not limited to section 23-914, Idaho Code, the holder of a license for the retail sale of liquor by the drink as defined in chapter 9, title 23, Idaho Code, is hereby authorized to purchase wine from persons holding valid wine distributor’s licenses.

History.

1971, ch. 156, § 12, p. 760.

§ 23-1313. Purchases by retailers.

No retailer shall purchase or receive wine for resale except from a distributor. Provided, however, that a retailer wholly owned and operated by a licensed winery, which retails exclusively the product of that winery, may receive wine for resale from that winery.

History.

1971, ch. 156, § 13, p. 760; am. 1984, ch. 221, § 5, p. 530.

§ 23-1314. Records and inspection of wineries, importers, bonded wine warehouses, and distributors.

1. Every winery, distributor, bonded wine warehouse, and importer shall have, and notify the director of, a place of business within the state of Idaho.
2. Each winery, distributor and importer shall keep at its place of business a record of its imports into, and sales of wine within, the state of Idaho. The import record shall include the date and quantity of import and the identity of the import seller and the import carrier or transporter. The sale record shall consist of a copy of the monthly report to the state tax commission required pursuant to section 23-1322, Idaho Code. Each winery, distributor and importer shall keep the record of each sale or import for a period of four (4) years thereafter and shall, on or before the fifteenth day of each month, file the report with the director. The director may require such additional information to be included in such returns as shall assist him in determining whether or not such licensee is complying with this act and whether or not all taxes and fees provided for by this act are being fully paid.
3. Each bonded wine warehouse shall keep at its place of business a record of its storage and handling of wine. The record shall include the date and quantity of wine stored and handled for each vintner and winery, and the identity of the carrier or transporter handling and storing the wine.
4. The director shall have the right at any time to make an examination of each winery’s, distributor’s, bonded wine warehouse’s, and importer’s books, records and premises, and such other matters as may assist him in verifying the accuracy of such reports.

History.

1971, ch. 156, § 14, p. 760; am. 1974, ch. 27, § 67, p. 811; am. 1984, ch. 105, § 2, p. 244; am. 1984, ch. 221, § 6, p. 530; am. 1999, ch. 129, § 2, p. 373; am. 2000, ch. 333, § 2, p. 1123; am. 2011, ch. 130, § 4, p. 363; am. 2020, ch. 10, § 5, p. 12.

§ 23-1315. License fees — County retail license fees — County license required for retailers.

1. Each importer shall pay to the state of Idaho an annual license fee of three hundred dollars ($300).
2. Each distributor shall pay to the state of Idaho an annual license fee of three hundred dollars ($300) for each separate warehouse used for the purpose of or in connection with the sale or distribution of wine within this state.
3. Each winery shall pay to the state an annual license fee of three hundred dollars ($300).
4. Each retailer and wine by the drink licensee shall pay to the state of Idaho an annual license fee of one hundred dollars ($100) for each premises for which a license is issued for the sale of wine.
5. In addition to the fee required by subsection (d) of this section, each retailer and wine by the drink licensee shall pay an annual license fee of not to exceed one hundred dollars ($100) to the county in which the licensed premises are located. If the licensed premises are located within the incorporated limits of a city, the licensee shall pay an annual license fee of not to exceed two hundred dollars ($200) to such city. Each city and county within this state are hereby authorized and empowered to determine the license fees to be paid by each retailer and wine by the drink licensee licensed pursuant to the terms and conditions of this act. No wine license issued by the director shall authorize the sale of wine at retail unless such person possesses a county and city license as may be required by the governing board thereof.
6. Each bonded wine warehouse shall pay to the state of Idaho an annual license fee of three hundred dollars ($300) for each separate warehouse used for the sole purpose of the storage and handling of wine within the state of Idaho.

History.

1971, ch. 156, § 15, p. 760; am. 1973, ch. 144, § 6, p. 281; am. 1981, ch. 237, § 2, p. 477; am. 1984, ch. 221, § 7, p. 530; am. 2020, ch. 10, § 6, p. 12.

§ 23-1316. Expiration and renewal of licenses.

All licenses issued pursuant to the provisions of this chapter shall expire at 1:00 o’clock a.m. on the first day of the renewal month which shall be determined by the director by administrative rule and shall be subject to annual renewal upon proper application. The director will determine the renewal month by county based on the number of current licenses within each county, distributing renewals throughout the licensing year. The director may adjust the renewal month to accommodate population increases. Each licensee will be issued a temporary license to operate until their renewal month has been determined. Thereafter, renewals will occur annually on their renewal month. Renewal applications for licenses accompanied by the required fee must be filed with the director on or before the first day of the designated renewal month. Any licensee holding a valid license who fails to file an application for renewal of the current license on or before the first day of the designated renewal month shall have a grace period of an additional thirty-one (31) days in which to file an application for renewal of the license. The licensee, however, shall not be permitted to engage in any activity authorized by the license during the thirty-one (31) day extended time period unless and until the license is renewed. Renewal of such licenses shall be on forms prescribed and furnished by the issuing authority. The renewal form shall be submitted, together with the required license fees, and an affidavit verifying that the information contained in the original application is unchanged, or if there are material changes, indicating such changes.

History.

1971, ch. 156, § 16, p. 760; am. 2001, ch. 30, § 3, p. 43.

§ 23-1317. Transfer of licenses — Fee — Application for approval.

1. No winery license, wine distributor’s license, wine by the drink license, bonded wine warehouse license, or retail wine license may be transferred to another person, including an executor, administrator, or trustee in bankruptcy of the estate of the licensee, unless the transferee shall first have obtained the approval of the director to such transfer upon application containing the substantially same information required of an applicant for a winery license, wine distributor’s license, bonded wine warehouse license, or retail wine license, as the case may be. If the transferee possesses all of the qualifications and none of the disqualifications for such license, the director shall approve the transfer by issuing a license to the transferee. The fee for each transfer of a winery license, wine distributor’s license, wine by the drink license, bonded wine warehouse license, or a retail wine license shall be twenty dollars ($20.00), which fee shall accompany the application for transfer.
2. Application to transfer a winery license, wine distributor’s license, wine by the drink license, bonded wine warehouse license, or retail wine license from one location to another shall be made to the director on forms prescribed and furnished by the director. The director shall approve any such transfer upon submission of the application and receipt by the director of a transfer fee of twenty dollars ($20.00).
3. The director, in his discretion, may deny the transfer of a license during the pendency of any proceedings for suspension or revocation instituted pursuant to the provisions of this chapter.

History.

1971, ch. 156, § 17, p. 760; am. 1973, ch. 144, § 7, p. 281; am. 1974, ch. 27, § 68, p. 811; am. 1984, ch. 221, § 8, p. 530; am. 1991, ch. 28, § 3, p. 54; am. 2020, ch. 10, § 7, p. 12.

§ 23-1318. County and city regulatory ordinances authorized.

The governing board of any county or city within this state is hereby authorized and empowered to adopt such ordinances and resolutions as may be deemed necessary by the governing board of said county or city in the interests of public health and welfare or for the orderly, moral and responsible conduct of the business of selling and distributing wine within the boundaries of such city or county, including but not limited to hours, days, places and conditions of sale and advertising practices.

History.

1971, ch. 156, § 18, p. 760.

§ 23-1319. Excise tax — Sales included — Refund for export sales — Refund for breakage or spoilage — Distribution of revenue.

Upon all wines sold by a distributor or winery to a retailer or consumer and upon all wines sold and shipped directly to Idaho state residents by an out-of-state wine manufacturer holding a wine direct shipper permit under section 23-1309A, Idaho Code, for use within the state of Idaho pursuant to this chapter there is hereby imposed an excise tax of forty-five cents (45¢) per gallon. Sales of wine by a distributor or winery for the purpose of and resulting in export of wine from this state for resale outside this state shall be exempt from the taxes on wine imposed by this chapter.

1. Every sale of wine by a distributor to a retailer shall constitute a sale of wine for resale or consumption in this state, whether the sale is made within or without this state, and the distributor shall be liable for the payment of taxes. In every sale of wine by a winery through any of its licensed retail outlets, the winery shall be liable for payment of taxes imposed by this section.
2. When wine has been destroyed by breakage or has spoiled or otherwise become unfit for beverage purposes prior to payment of taxes on it, the distributor, upon satisfactory proof of destruction or spoilage, shall be entitled to deduct from existing inventories, subject to tax, the amount of wine so destroyed or spoiled.
3. If the state tax commission determines that any amount due under this chapter has been paid more than once or has been erroneously or illegally collected or computed, the commission shall set forth that fact in its records and the excess amount paid or collected may be credited on any amount then due and payable to the commission from that person and any balance refunded to the person by whom it was paid or to his successors, administrators or executors. The commission is authorized and the state board of tax appeals is authorized to order the commission in proper cases to credit or refund such amounts whether or not the payments have been made under protest and certify the refund to the state board of examiners.
4. No credit or refund shall be allowed or made after three (3) years from the time the payment was made, unless before the expiration of that period a claim is filed by the taxpayer. The three (3) year period allowed by this subsection for making refunds or credit claims shall not apply in cases where the state tax commission asserts a deficiency of tax imposed by law, and taxpayers desiring to appeal or otherwise seek a refund of amounts paid in obedience to deficiencies must do so within the time limits elsewhere prescribed by law.
5. All revenue received pursuant to this chapter shall be distributed as follows:
   1. An amount of money shall be distributed to the state refund account sufficient to pay current refund claims as authorized in subsection (c) of this section and those moneys are continuously appropriated.
   2. The balance remaining after distributing the amount in paragraph (1) of this subsection shall be distributed as follows:
      1. Twelve percent (12%) shall be distributed to the substance abuse treatment fund which is created in section 23-408, Idaho Code;
      2. Five percent (5%) shall be distributed to the Idaho grape growers and wine producers commission account; and (iii) The remainder shall be distributed to the general account [fund].
6. Any person who is not a distributor or winery but who makes, whether as principal, agent or broker, any sales of wine not otherwise taxed under this section and not exempt from such tax, shall be liable for payment of taxes imposed by this section. This subsection shall not impose tax on wine sold pursuant to section 23-1336, Idaho Code.

History.

1971, ch. 156, § 19, p. 760; am. 1980, ch. 239, § 5, p. 554; am. 1980, ch. 391, § 2, p. 993; am. 1984, ch. 105, § 1, p. 244; am. 1984, ch. 221, § 9, p. 530; am. 1984, ch. 283, § 1, p. 656; am. 1986, ch. 73, § 5, p. 201; am. 1988, ch. 156, § 1, p. 282; am. 1990, ch. 18, § 1, p. 30; am. 1994, ch. 243, § 1, p. 762; am. 2006, ch. 29, § 2, p. 89; am. 2007, ch. 141, § 6, p. 407; am. 2013, ch. 23, § 1, p. 44.

§ 23-1320. Security for tax.

The state tax commission, whenever it deems it necessary to insure compliance with this act, may require any person subject to this act to place with it such security as it may determine. The amount of the necessary security shall be fixed by the state tax commission but, except as provided hereafter, shall not be greater than three (3) times the estimated average monthly amount payable by such persons pursuant to this act. In the case of persons habitually delinquent in their obligations under this act, the amount of the security shall not be greater than five (5) times the estimated average monthly amount payable by such persons pursuant to this act. The amount of the security may be increased or decreased by the state tax commission at any time, subject to the limitations set forth herein.

The state tax commission may sell the security at public auction or, in the case of security in the form of bearer bonds issued by the United States or the state of Idaho which have a prevailing market price, at a private sale at a price not lower than the prevailing market price if it becomes necessary to make such sale in order to recover any tax, interest or penalties due on any amount required to be collected. Notice of the sale must be given to the person who deposited the security at least ten (10) days before the sale. Such notice may be given personally or by mail addressed to the person at the address furnished to the state tax commission and as it appears in the records of the state tax commission. Upon such sale, any surplus above the amounts due shall be returned to the person who placed the security.

History.

I.C.,§ 23-1320, as added by 1988, ch. 182, § 4, p. 319.

§ 23-1321. Penalty and interest on excise tax

Waiver for justifiable delay in payment. [Repealed.]

§ 23-1322. Monthly reports of sales — Payment of excise tax with report.

Each person liable for the payment of taxes on wine as provided for in section 23-1319, Idaho Code, shall, on or before the fifteenth day of each month, or for such other period as the state tax commission may prescribe by rule, file a written report with the state tax commission showing all sales of wine for resale or consumption in this state made by such person during the calendar month or other period immediately preceding. Taxes payable with respect to such sale shall be paid by the person liable therefor at the time such report is filed.

History.

1971, ch. 156, § 22, p. 760; am. 2009, ch. 4, § 2, p. 6.

§ 23-1322A. Collection and enforcement.

The collection and enforcement procedures provided by the Idaho income tax act, sections 63-3042 through 63-3065A, inclusive, and sections 63-3068 and 63-3075, Idaho Code, shall apply and be available to the state tax commission for enforcement and collection of the tax imposed by this chapter, and said sections shall, for this purpose, be considered part of this act. Any reference to taxable year in the income tax act shall, for the purposes of this act, be considered a taxable period.

History.

I.C.,§ 23-1322A, as added by 1980, ch. 239, § 6, p. 554; am. 1984, ch. 105, § 4, p. 244; am. 2007, ch. 10, § 10, p. 10.

§ 23-1323. Rules and regulations concerning excise tax — Power of tax commission.

The state tax commission shall be, and it is hereby authorized to adopt and promulgate such rules and regulations as it may be necessary to assure payment of taxes on wine, including but not limited to, rules and regulations prescribing the form and content of monthly reports required; requiring the persons liable for payment of taxes on wine to show on such monthly reports information concerning their inventories, purchases, sales and shipments of wine, requiring monthly informational reports from distributors concerning their inventories, purchases, sales and shipments of wine; requiring reports from carriers, both public and private, concerning deliveries of wine made in this state by such carriers, and shipments of wine made by such carriers out of this state; requiring distributors and persons liable for payment of taxes on wine to maintain complete and accurate books, records and accounts on transactions involving wine; and establishing grounds upon which delay in filing reports and paying taxes imposed upon wine may be considered justifiable and without fault on the part of the person liable therefor.

History.

1971, ch. 156, § 23, p. 760.

§ 23-1324. License and transfer fees — Alcohol beverage control fund.

All moneys from license and transfer fees that are collected by the director pursuant to the provisions of this chapter shall be paid over to the state treasurer for deposit in the alcohol beverage control fund created in section 23-940, Idaho Code. All other moneys collected by the director pursuant to the provisions of this chapter shall be paid over to the state treasurer for deposit in the general fund.

History.

I.C.,§ 23-1324, as added by 2012, ch. 160, § 3, p. 435.

§ 23-1325. Financial interest in or aid to retailers prohibited — Certain aid permitted.

1. It shall be unlawful for any importer, distributor, vintner or winery, directly or indirectly, or through an affiliate, subsidiary, officer, director, agent or employee:
   1. To have any financial interest in any licensed retailer’s business, or to own or control any real property upon which a licensed retailer conducts his business, except that this subsection (1)(a) shall not apply to any winery, as defined in section 23-1303, Idaho Code, or to property that has been owned or controlled continuously for more than one (1) year prior to July 1, 1975; or
   2. To aid or assist any licensed retailer by giving such retailer, or any employee thereof, any discounts, premiums or rebates in connection with any sale of wine; or
   3. To aid or assist any retailer by furnishing, giving, renting, lending or selling any equipment, signs, supplies, wine menus or wine lists, services, or other thing of value which may be used in conducting the retailer’s retail wine business, except as expressly permitted by this chapter; or
   4. To enter into any lease or other agreement with any retail licensee to control the product or products sold by such retailer; or
   5. To provide for any rental or other charge to be paid to or by the retailer for product display or advertising display space.
2. An importer, distributor, vintner or winery as an incident to merchandising in the ordinary course of business, and if available to all licensed retailers without discrimination, may sell to a retailer equipment, supplies or clothing which may be used in conducting the retailer’s retail wine business. A winery, vintner, importer or distributor may not sell such equipment or supplies at a price, or under terms, intended or designed to encourage or induce the retailer to use products of the seller to the exclusion of the products of other wineries, vintners, importers or distributors. In no event shall the sales price of such equipment or supplies be less than the reasonable value of such equipment or supplies.
3. Notwithstanding the provisions of subsection (2) of this section, a vintner, winery, importer or distributor, as an incident to merchandising in the ordinary course of business, and if available to all retailers without discrimination, may lend, give, furnish or sell to a retailer, the following items:
   1. Those services, equipment, brochures and recipes authorized under the provisions of sections 23-1325A and 23-1325B, Idaho Code;
   2. Signs, posters, placards, designs, devices, decorations or graphic displays bearing advertising matter and for use in windows or elsewhere in the interior of a retail establishment. The importer, distributor, vintner or winery shall not directly or indirectly pay or credit the retailer for displaying such materials or for any expense incidental to their operation;
   3. Newspaper cuts, mats or engraved blocks for use in retailer’s advertisements;
   4. Items such as sport schedules, posters, calendars, informational pamphlets, decals and other similar materials for display at the point of sale which bear brand advertising for wine prominently displayed thereon, and which items are intended for use by the retailer’s customers off the licensed premises and which items are made available to the retailer’s customers for such purpose; (e) Temporary signs or banners displaying a vintner’s, winery’s or distributor’s name, trademark or label, which signs may be permitted to be temporarily displayed on the exterior portion of the retailer premises in connection with a special event, in accordance with such rules relating thereto as may be established by the director.
4. A distributor may perform services incident to or in connection with the stocking, rotation and restocking of wine sold and delivered to such licensed retailer on or in such licensed retailer’s storeroom, salesroom shelves or refrigerating units, including the marking or remarking of containers of such wine to indicate the selling price as established by the retailer and to the arranging, rearranging, or relocating of advertising displays referred to in this section. A distributor may, with the permission of the retailer and in accordance with space allocations directed by the retailer, set, remove, replace, reset or relocate all wine upon shelves of the retailer. Labor performed or schematics prepared by the distributor relating to conduct authorized pursuant to the provisions of this subsection (4) shall not constitute prohibited conduct.
5. An importer, distributor, vintner or winery may furnish or give to a retailer authorized to sell wine for consumption on the licensed premises, for sampling purposes only, a container of wine, containing not more than sixty-four (64) ounces, not currently being sold by the retailer, and which container is clearly marked “NOT FOR SALE—FOR SAMPLING PURPOSES ONLY.”
6. A licensed winery may aid or assist a licensed retail wine outlet which retails exclusively the wine product of that winery and which outlet is wholly owned and operated by that winery. Two (2) or more wineries may use the same location for their respective retail wine outlets provided each outlet holds a separate retail wine license or wine by the drink license.
7. Every violation of the provisions of this section by an importer, distributor, vintner or winery in which a licensed retailer shall have actively participated shall constitute a violation on the part of such licensed retailer.

History.

I.C.,§ 23-1325, as added by 1975, ch. 151, § 5, p. 383; am. 1976, ch. 34, § 2, p. 71; am. 1984, ch. 221, § 10, p. 530; am. 1991, ch. 159, § 2, p. 380; am. 1994, ch. 361, § 2, p. 1131; am. 2007, ch. 289, § 2, p. 821; am. 2008, ch. 180, § 1, p. 544.

§ 23-1325A. Services permitted incident to stocking, rotation and restocking of wine.

For the purposes of section 23-1325(4), Idaho Code, a distributor may, with the permission of the retailer, and in accordance with space allocations directed by the retailer, set, remove, replace, reset or relocate all wine upon the shelves of the retailer. Labor performed or schematics prepared by the distributor relating to conduct authorized pursuant to the provisions of this section shall not constitute prohibited conduct or unlawful aid to a retailer.

History.

I.C.,§ 23-1325A, as added by 1984, ch. 232, § 2, p. 560; am. 2020, ch. 82, § 14, p. 174.

§ 23-1325B. Services permitted incident to wine dispensing systems — Certain advertising materials permitted.

1. To the extent permitted by federal law and regulations adopted pursuant thereto, a distributor may furnish, install and perform repair services on wine dispensing systems on the premises of a retailer. The distributor shall collect from the retailer the reasonable value thereof, which value shall not be less than the cost of such system or service to the distributor. Dispensing systems may include, but shall not be limited to, tapping devices, spigots, valves, hose, washers, couplings, clamps, air hose, vents, faucets and pumping devices and CO2 regulators. A distributor may perform cleaning and sanitary services relating to the dispensing system without charge.
2. Notwithstanding the provisions of section 23-1325, Idaho Code, a distributor may furnish to the retailer, without charge, recipes and brochures explaining wine and other products.
3. Labor performed or equipment, brochures or recipes furnished pursuant to the provisions of this section shall not constitute prohibited conduct or unlawful aid to a retailer.

History.

I.C.,§ 23-1325B, as added by 1990, ch. 406, § 1, p. 1132.

§ 23-1325C. Wine sample tasting requirements and limitations for events on retail wine license premises.

1. Vintners, wineries and distributors may conduct or assist a retail wine licensee at a wine sample tasting on premises not licensed for the sale of wine by the individual glass or opened bottle for consumption on the premises or on the premises of the holder of a wine by the drink license for the purpose of promoting their wine products to the public. The holder of a retail wine license or a wine by the drink license may also conduct wine sample tasting events, with or without the assistance of a vintner, winery or distributor in accordance with this section.
2. A retail wine licensee shall not be required to hold a wine by the drink license for the purpose of conducting or permitting wine sample tasting events on the premises in accordance with this section unless a charge or other consideration is required of the customer by the retailer in exchange for such wine sample.
3. Sample tasting events permitted pursuant to this section shall be conducted subject to all of the following requirements:
   1. Sample sizes. The size of each sample of wine shall not exceed one and one-half (1 ½) ounces.
   2. Identified tasting area. The retail wine licensee who conducts tastings or who allows a vintner, winery or distributor to conduct tastings on the retail wine premises shall identify a specific tasting area or areas. Such area or areas shall be of a size and design such that the retail wine licensee and the persons conducting the tasting can observe and control persons in the area to ensure that no minors or visibly intoxicated persons possess or consume alcohol. Customers must remain in the tasting area or areas until they have finished consuming the sample. The retailer shall keep on file at the premises a floor plan identifying the tasting area or areas. If a retailer does not have an identified tasting area or areas, the director may require prior approval of an area or areas before the retailer conducts any more tastings or allows any more tastings to be conducted by the vintner, winery or distributor on the premises.
   3. Number of in-store tastings. Although there is no limit on the number of tastings a retailer may conduct without the assistance of a vintner, winery or distributor, the retailer shall not permit a vintner, winery or distributor to conduct, or assist in conducting, tastings on the premises of the same licensee more than eight (8) times per calendar year.
   4. Vintner, winery or distributor conducted tastings. A vintner, winery or distributor may hold tastings on consecutive days on one (1) retail premises, provided the tastings shall not exceed two (2) consecutive days. Tastings shall be conducted at least four (4) weeks apart. If a vintner, winery or distributor holds tastings on two (2) consecutive days, they shall not hold another tasting on those retail premises for at least four (4) weeks.
   5. Server requirements. Persons serving or pouring wine at wine tastings on premises for which a wine by the drink license has not been issued must be at least twenty-one (21) years of age.
4. Vintner, winery or distributor conducted sample tastings. A vintner, winery or distributor may conduct wine sample tastings on premises licensed for the sale of wine for products produced or sold by the vintner, winery or distributor. The vintner, winery or distributor conducting the wine sample tasting shall, in addition to compliance with other requirements of this section, comply with all of the following requirements: (a) Provide the product to be tasted, and remove any remaining product at the end of the tasting.
5. Retailer conducted wine sample tastings. Retail wine licensees and wine by the drink licensees may conduct wine sample tastings on their licensed premises and may:
   1. Accept assistance from a vintner, winery or distributor if:
      1. The only assistance provided is an employee to provide information or education relating to the product being sampled;
      2. The retailer pays for the wine; and
      3. The retailer is responsible for any advertising.
   2. Conduct an unlimited number of wine sample tastings on the premises if there is no vintner, winery or distributor providing assistance for the event. The retailer may advertise such events.
6. Notwithstanding any other provision of law, participation by a vintner, winery or distributor in a wine sample tasting event, if expressly authorized by this section, shall not constitute prohibited conduct or unlawful aid to a retailer.

(b) Provide or pay for a person to serve the wine. The server must be an employee or agent of the vintner, winery or distributor and shall not be an employee or agent of a retailer. The vintner, winery or distributor shall not compensate any employee or agent of the retail licensee to participate in the tasting.

(c) The vintner, winery or distributor shall keep a record of each tasting it conducts, including the date and location of each event and the products served.

History.

I.C.,§ 23-1325C, as added by 2004, ch. 267, § 1, p. 749.

§ 23-1326. Credit sales to retailers prohibited.

1. No sale or delivery of wine shall be made to any retailer, except for cash paid at the time of or prior to delivery thereof, or except as provided by electronic funds transfer in accordance with subsection (3) of this section, and in no event shall any distributor extend any credit on account of such wine to a retailer, nor shall any retailer accept or receive delivery of such wine except when payment therefor is made in cash at the time of or prior to delivery thereof, or by electronic funds transfer in accordance with subsection (3) of this section.
2. The acceptance of a first party check from a retailer by a distributor, or the use of a debit card by a licensed retailer, shall not be deemed an extension of or acceptance of credit pursuant to this section.
3. The acceptance and use of an electronic funds transfer shall not be deemed an extension or acceptance of credit pursuant to this section, provided such transfer is initiated and completed promptly and in no event completed later than five (5) business days following delivery of such wine. Any attempt by a licensed retailer to delay payment of an electronic funds transfer pursuant to this section for any period of time beyond the time set forth in this subsection, shall be deemed an acceptance of credit by the licensed retailer.
4. Any extension or acceptance of credit in violation of the provisions of this section shall constitute the giving and receiving of aid or assistance to or by a licensed retailer prohibited by the provisions of section 23-1325, Idaho Code.

History.

1971, ch. 156, § 26, p. 760; am. 1999, ch. 206, § 3, p. 553; am. 2011, ch. 255, § 2, p. 699; am. 2013, ch. 288, § 2, p. 760.

§ 23-1327. Sale of wine in original container and size of containers.

No distributor shall purchase, receive, or sell any wine except in the original container as prepared for the market by the importer or manufacturer. No importer or distributor shall, without permission of the director, adopt or use any container for wine that will contain in excess of fifteen (15) gallons of wine.

History.

1971, ch. 156, § 27, p. 760; am. 1974, ch. 27, § 71, p. 811; am. 2005, ch. 32, § 1, p. 147; am. 2013, ch. 142, § 1, p. 339.

§ 23-1328. Retailer’s name on labels prohibited — Discrimination among retailers prohibited.

No label on a wine container shall be used or placed thereon which indicates that a retailer is the producer or the bottler thereof or which contains the name of a retailer in any manner, except in the case of wineries licensed under this chapter, in which case such winery may sell a product processed and bottled by or for that winery upon satisfaction of all terms and conditions of this chapter relating to licensure for retail sale of wine. No distributor shall restrict the sale of wine for which the distributor has filed a price schedule in accordance with the provisions of this act to one retailer or to retail premises under common ownership or associated together in, by, or through a buying organization or agency which represents a common identity to the public; nor shall such distributor refuse to sell or distribute wine to a retailer on terms and conditions different from those terms and conditions upon which said distributor sells or distributes wine to other retailers.

History.

1971, ch. 156, § 28, p. 760; am. 1984, ch. 221, § 11, p. 530; am. 1987, ch. 169, § 6, p. 330; am. 1993, ch. 333, § 3, p. 1232.

§ 23-1328A. Prohibition of certain trade practices between vintners, wineries, importers or dealers and distributors.

1. It shall be unlawful for any vintners, winery, importer or dealer, directly or indirectly, or through an affiliate, subsidiary, officer, director, agent or employee:
   1. To require, by agreement or otherwise, that any distributors engaged in the sale or distribution of wine in the state of Idaho purchase any such wine or other distributed products from such person to the exclusion in whole or in part of wine or other products made or imported by other vintners, wineries, importers or dealers;
   2. To induce, by any means, any distributor engaged in the sale or distribution of wine to purchase from or distribute the wine or other products of any vintner, winery, importer or dealer to the exclusion of the wine or products of other vintners, wineries, importers or dealers by any means, including, but not limited to the vintner’s, winery’s, importer’s or dealer’s acquisition of any interest in the distributor’s license, or by acquiring any interest in the real or personal property owned, occupied, or used by the distributor;
   3. To discriminate in price, allowance, rebate, refund, commission, discount, or service between a distributor purchasing wine or a distributor purchasing other products;
   4. To threaten any distributor with any discrimination prohibited under subsection (1)(c) of this section, with the purpose or effect of changing or maintaining resale prices of the vintner, winery, importer or dealer;
   5. To impose conditions or restrictions on a distributor not generally imposed on other distributors; or
   6. To cause a termination, cancellation, nonrenewal or substantial change in competitive circumstances in the relationship with the distributor without providing at least ninety (90) days’ written notice of the termination, cancellation, nonrenewal or substantial change in competitive circumstances. The notice shall state all the reasons for termination, cancellation, nonrenewal or substantial change in competitive circumstances and shall provide that the distributor has ninety (90) days from the date of receipt by said distributor of the vintner’s, winery’s, importer’s or dealer’s notice in which to rectify any claimed deficiency. If the deficiency is rectified within ninety (90) days the notice shall be void. The notice provisions of this section shall not apply if the reason for termination, cancellation or nonrenewal is insolvency, the occurrence of an assignment for the benefit of creditors, or bankruptcy. If the reason for termination, cancellation, nonrenewal or substantial change in competitive circumstances is nonpayment of sums due for the purchase of product, the distributor shall be entitled to written notice of such default, and shall have twenty (20) days in which to remedy such default from the date of delivery or posting of such notice.
2. Nothing in this section shall be deemed to prohibit vintners, wineries, importers or dealers from selecting their own customers in bona fide transactions not in restraint of trade.

History.

I.C.,§ 23-1328A, as added by 1979, ch. 301, § 1, p. 820; am. 1984, ch. 221, § 12, p. 530.

§ 23-1329. Schedules of prices — Filing by importers and distributors — Modification or withdrawal.

Each importer and distributor shall file with the director a written schedule of prices to be charged by such person for wine imported into or sold within this state for resale therein. Such schedule of prices shall be uniform for buyers in the same trade area within this state, and shall set forth the following:

1. All brands and types of products offered for sale;
2. The delivered sale price thereof in the several trade areas of the state; and
3. Any allowance granted for returned containers.
   1. an increase in prices, for a minimum period of thirty (30) days;
   2. a reduction in prices for a minimum period of six (6) months.

Such schedule of prices so filed may be changed or modified from time to time by filing with the director a new schedule of prices, not less than ten (10) days prior to the last day of the filing calendar month, becoming effective on the first day of the succeeding calendar month. Upon the filing of said new prices, the director shall give notice thereof to all importers and distributors. Such schedule of prices so filed may not be withdrawn prior to its effective date, and upon becoming effective shall remain in effect as follows:

Upon the filing of the original schedule of prices, and after the effective date of any schedule of prices amendatory thereto, all prices therein stated shall be strictly adhered to. Amendatory schedules shall recite the information required in the above subsections (a), (b) and (c).

History.

1971, ch. 156, § 29, p. 760; am. 1974, ch. 27, § 72, p. 811; am. 1975, ch. 151, § 6, p. 383.

§ 23-1330. Rules and regulations by director.

For the purpose of the administration of this act, the director shall make, promulgate, and publish such rules and regulations as the director may deem necessary for carrying out the provisions of this act and for the orderly and efficient administration hereof, and except as may be limited or prohibited by law and the provisions of this act, such rules and regulations so made and promulgated shall have the force of statute. All rules and regulations adopted pursuant to the terms of this act shall be adopted in accordance with the [and] subject to the provisions of chapter 52, title 67, Idaho Code.

History.

1971, ch. 156, § 30, p. 760; am. 1974, ch. 27, § 73, p. 811.

§ 23-1331. Suspension, revocation, and refusal to renew licenses and permits — Monetary penalty.

1. The director may suspend, revoke, or refuse to renew a retail wine license, wine by the drink license, wine distributor’s license, wine importer’s license, winery license, bonded wine warehouse license, wine direct shipper’s permit or vintner’s license issued pursuant to the terms of this chapter for any violation of or failure to comply with the provisions of this chapter or rules and regulations promulgated by the director or the state tax commission pursuant to the terms and conditions of this chapter. Manufacturing or bottling functions of a winery shall not be subject to suspension, revocation or nonrenewal of a license, except for violations of law directly related to the manufacturing or bottling activities of the winery. Procedures for the suspension, revocation or refusal to grant or renew licenses issued under this chapter shall be in accordance with the provisions of chapter 52, title 67, Idaho Code.
2. When the director determines to suspend such license, the affected licensee may petition the director prior to the effective date of the suspension requesting that a monetary payment be allowed in lieu of the license suspension. If the director determines such payment to be consistent with the purpose of the laws of the state of Idaho and is in the public interest, he shall establish a monetary payment in an amount not to exceed five thousand dollars ($5,000). The licensee may reject the payment amount determined by the director, and instead be subject to the suspension provisions of subsection (1) of this section. Upon payment of the amount established, the director shall cancel the suspension period. The director shall cause any payment to be paid to the treasurer of the state of Idaho for credit to the state’s general account in the state operating fund.
3. The suspension of a license for the sale of liquor or beer shall automatically result in the suspension of any license for the sale of wine held by the same licensee and issued for the same premises or location. Such additional suspension shall be equal in length to and run concurrently with the period of the original suspension.
4. When a proceeding to revoke or suspend a license has been or is about to be instituted during the time a renewal application of such license is pending before the director, the director shall renew the license notwithstanding the pending proceedings, but such renewed license may be revoked or suspended without hearing if and when the previous license is, for any reason, revoked or suspended.

History.

1971, ch. 156, § 31, p. 760; am. 1973, ch. 144, § 8, p. 281; am. 1974, ch. 27, § 74, p. 811; am. 1979, ch. 145, § 3, p. 445; am. 1980, ch. 221, § 1, p. 493; am. 1981, ch. 199, § 3, p. 351; am. 1984, ch. 221, § 13, p. 530; am. 1991, ch. 50, § 3, p. 91; am. 1993, ch. 347, § 3, p. 1290; am. 2014, ch. 122, § 1, p. 352; am. 2017, ch. 31, § 1, p. 52; am. 2020, ch. 10, § 8, p. 12.

§ 23-1332. Sale by by-the-drink liquor licensees.

Retailers holding valid licenses for the retail sale of liquor by the drink pursuant to chapter 9, title 23, Idaho Code, may sell wine for consumption on or off the licensed premises. Persons holding a valid wine by the drink license may sell wine for consumption on the premises only. Retailers who do not possess a valid license for the retail sale of liquor by the drink, or retailers who do not have a valid wine by the drink license, shall not permit consumption of wine on the licensed premises and may sell the wine only in its original unbroken container. Provided however, that wineries whose business does not include the sale of wine by the drink may provide free single-serving samples of two (2) ounces or less to customers for the purpose of sales promotion upon the winery premises or upon the premises of a retail wine outlet which retails exclusively the wine product of that winery and which is wholly owned and operated thereby. Wine sold for consumption or dispensed on the licensed premises may be sold, consumed or dispensed only during hours that beer can be sold, consumed or dispensed pursuant to the laws of this state. Wine sold by the retailer for consumption off the premises of the retailer may be sold only during the hours that beer may be sold pursuant to the laws of this state.

History.

1971, ch. 156, § 32, p. 760; am. 1973, ch. 144, § 9, p. 281; am. 1983, ch. 165, § 1, p. 471; am. 1987, ch. 169, § 7, p. 330.

§ 23-1333. Open or unsealed containers of wine in motor vehicles on highways prohibited.

No person may, while operating or riding in or upon a motor vehicle upon a public highway of this state, have in his possession any wine in an open or unsealed container of any kind.

History.

1971, ch. 156, § 33, p. 760.

§ 23-1334. Minors — Authorization to deliver.

1. The prohibitions on possession of wine by any person under the age of twenty-one (21) years do not apply to possession by a person under the age of twenty-one (21) years making a delivery in pursuance of the order of his parent or in pursuance of his employment, or when such person under the age of twenty-one (21) years is in a private residence accompanied by his parent or guardian and with such parent’s or guardian’s consent.
2. Any person who shall, by any means, represent to any retailer or distributor or the agent or employee of such retailer or distributor, that any other person is twenty-one (21) years or more of age, when in fact such other person is under the age of twenty-one (21) years, for the purpose of entering licensed premises or inducing such retailer or distributor, or the agent or employee of such retailer or distributor, to sell, serve, or dispense wine to such other person shall be guilty of a misdemeanor.

History.

1971, ch. 156, § 34, p. 760; am. 1972, ch. 331, § 1, p. 833; am. 1976, ch. 292, § 1, p. 1010; am. 1987, ch. 212, § 14, p. 448; am. 1991, ch. 269, § 4, p. 660; am. 1994, ch. 60, § 1, p. 119; am. 1999, ch. 59, § 11, p. 151.

§ 23-1335. Violations of act misdemeanors.

Any person who violates any of the provisions of this act or fails to comply with any of the terms and conditions of this act shall be guilty of a misdemeanor.

History.

1971, ch. 156, § 35, p. 760.

§ 23-1336. Wine sold or donated to persons or associations for benevolent, charitable or public purposes.

In the event that wine has been sold or donated to a person or association which desires to dispense or sell such wine and to donate the proceeds from the sale or dispensing thereof for benevolent, charitable or public purposes, the director may issue a permit authorizing such sale or dispensing of wine by such person or association if the director is satisfied that said proceeds, after deducting reasonable expenses incurred in conjunction with the sale or dispensing thereof, will be donated for such benevolent, charitable or public purpose. The director shall prescribe the form of the application for such permit, which application may require disclosure of names of sponsors; donors, quantities and types of wine products donated; the retailer, if any, designated by such person or association to receive, store or dispense donated wine; the dates and hours during which the permit is to be effective, not to exceed three (3) consecutive days; and such other information as the director may require. The director shall collect a twenty dollar ($20.00) fee for the event for which the permit is to be effective. The director may require that the applicant submit a report to the director after the benevolent, charitable or public purpose event showing the disposition of funds from the event. Should the director determine that the applicant or its representatives is violating, or has in the past violated, any law pertaining to the dispensing or sale of wine by a licensed retailer relating to hours of sale, or relating to dispensing wine to underaged persons, or has failed in the past to submit such information as may have been requested by the director, such permit may be summarily suspended by the director, prior to hearing, or may be denied pending a hearing. A licensed retailer may, on behalf of the permittee, receive or store wine to be used at the event, and may dispense such wine to attendees of the benevolent, charitable or public purpose event for which the permit has been issued.

History.

I.C.,§ 23-1336, as added by 1991, ch. 162, § 2, p. 389; am. 1994, ch. 14, § 2, p. 20.

§ 23-1337. Alcohol beverage catering permit.

Any person who is the holder of an Idaho winery license shall be eligible to obtain an alcohol beverage catering permit. Two (2) or more wineries may use a winery’s licensed premises to host an event under an alcohol beverage catering permit to serve and sell their respective wines at that event.

History.

I.C.,§ 23-1337, as added by 1992, ch. 235, § 1, p. 703; am. 1999, ch. 58, § 6, p. 146; am. 2016, ch. 181, § 1, p. 491.

§ 23-1338. Wine product service and sales — Sponsored events.

1. Any person who is the holder of an Idaho winery license is authorized to serve or sell any wine product of that winery at events of seven (7) days’ duration or less sponsored by any group, organization, person or political subdivision. Each participating winery must make its own arrangements with the sponsoring group, organization, person or political subdivision. Service and sales under the authority of this section may occur only in counties that permit the sale of wine in accordance with section 23-1304, Idaho Code, and any service or sales under the provisions of this section must comply with all applicable limitations and requirements regarding day and hour of sale, age and condition of purchasers and all other requirements of any regulatory ordinance adopted pursuant to the authority of section 23-1318, Idaho Code, by the city or county in whose jurisdiction the event is to take place.
2. At least seven (7) days prior to the date on which the sponsored event is to commence, the winery shall notify by electronic mail the Idaho state police, alcohol beverage control bureau, and the chief of police of the incorporated city in which the sponsored event will be held, if the event is to be held in an incorporated city, or the sheriff of the county in which the sponsored event is to be held, if the event will not be held in an incorporated city, that wine will be served or sold by the winery at the sponsored event. The notice shall provide the following information:
   1. The name and address of the winery and the number of its state winery license;
   2. The dates and hours that wine will be served or sold;
   3. The name of the group, organization, person or political subdivision sponsoring the event; and
   4. The address at which the wine will be served or sold, and if a public building, the rooms in which the wine will be served or sold.
3. Within three (3) business days after receiving the notice, the alcohol beverage control bureau shall respond to the winery. An approval by the alcohol beverage control bureau shall serve as authorization for the event, and shall be displayed during all hours that wine is served or sold at the sponsored event.
4. Neither the winery nor any person owning an interest in the winery, nor any employee, contractor or business associate of the winery shall qualify as an event sponsor under the provisions of this section.
5. Neither a city nor a county license or permit is required for the activities authorized pursuant to the provisions of this section.

History.

I.C.,§ 23-1338, as added by 2007, ch. 289, § 3, p. 821.

§ 23-1401. Definitions.

As used in this chapter:

1. “Alcoholic beverages” means such beverages as defined in section 23-105, Idaho Code, as alcoholic liquor, including alcohol, spirits, wine or any combination thereof, and beverages defined in section 23-1001, Idaho Code, as beer.
2. “Legal drinking age” means the age when a person is legally allowed to purchase or consume any alcoholic beverage, as provided in section 23-615, Idaho Code.
3. “Hospitality cabinet” means a closed container, either refrigerated in whole or in part or nonrefrigerated, where access to the interior portion containing alcoholic beverages are contained is restricted by means of a locking device which requires the use of a key, magnetic card, or similar device.
4. “Qualified facility” means a hotel, inn or motel which is licensed to sell alcoholic beverages for on-premises consumption and which contains guest room accommodations. It shall also include condominiums owned or managed by an otherwise qualified facility.
5. “Qualified registered guest” means each person of legal drinking age who signs the guest register of a qualified facility or takes some other equivalent action for the purpose of registering as a guest of such qualified facility.

History.

I.C.,§ 23-1401, as added by 1989, ch. 208, § 1, p. 510; am. 1999, ch. 59, § 12, p. 151.

§ 23-1402. Hospitality cabinet sales.

Notwithstanding any other statute, any qualified facility, which is licensed to sell any alcoholic beverage on its premises, may also sell such beverages in sealed containers in individual portions to its qualified registered guests by means of a hospitality cabinet located in the rooms of these qualified registered guests, provided all conditions of this chapter are met.

History.

I.C.,§ 23-1402, as added by 1989, ch. 208, § 1, p. 510.

§ 23-1403. Hospitality cabinet contents.

1. The type of alcoholic beverages contained in any hospitality cabinet of any qualified facility shall be limited to those beverages licensed for sale on such premises.
2. Alcoholic beverage container sizes shall conform as follows:
   1. Distilled spirits, “miniature” bottles of fifty (50) milliliters or less,
   2. Wine, one-half (½) bottles, splits or less, and
   3. Beer, twelve (12) ounces or less.
3. The hospitality cabinet shall contain no more than thirty (30) individual portions of alcoholic beverages at any one time.

History.

I.C.,§ 23-1403, as added by 1989, ch. 208, § 1, p. 510.

§ 23-1404. Hospitality cabinet.

A hospitality cabinet may be part of another furniture unit or device, whether refrigerated in whole or in part or nonrefrigerated, from which nonalcoholic beverages or food may be purchased by the guests in qualified facility guest rooms. However, in that event, the portion of the hospitality cabinet or similar device in which alcoholic beverages are stored shall be a hospitality cabinet as defined in section 23-1401, Idaho Code.

History.

I.C.,§ 23-1404, as added by 1989, ch. 208, § 1, p. 510.

§ 23-1405. Access restrictions.

1. Those portions of a hospitality cabinet containing alcoholic beverages must remain locked at all times when a guest room is unrented, except for taking inventory or restocking and replenishing the hospitality cabinet.
2. Access to a hospitality cabinet in a particular guest room shall be provided, whether by furnishing a key, magnetic card or similar device, only to a qualified registered guest of legal drinking age, if any, registered to stay in the guest room.
3. Before providing a key, magnetic card or similar device required to obtain access to the hospitality cabinet in a particular guest room to the qualified registered guest, the licensee shall verify that such qualified registered guest is of legal drinking age.
4. A key, magnetic card or similar device required to obtain access to the hospitality cabinet in a particular guest room shall only be given to the qualified registered guest if requested by that registered guest and if such guest is not visibly or obviously intoxicated.

History.

I.C.,§ 23-1405, as added by 1989, ch. 208, § 1, p. 510.

§ 23-1406. Storage and restocking.

1. All alcoholic beverages, which are used to restock and replenish a facility’s hospitality cabinets, shall be kept locked in a separate, secure room or cabinet, except when the hospitality cabinets are being restocked and replenished.
2. The hospitality cabinets can be restocked and replenished with alcoholic beverages only during those hours when liquor can be sold as provided in section 23-927, Idaho Code.

History.

I.C.,§ 23-1406, as added by 1989, ch. 208, § 1, p. 510.

§ 23-1407. County option — Resolution of county commissioners.

There is hereby granted to the board of county commissioners of each of the several counties of the state the right and authority to disallow the use of hospitality cabinets, as defined in this chapter, within the borders of their respective counties. This right and authority may be exercised by the board of county commissioners by resolution, regularly adopted, which provides that hospitality cabinets, as defined in this chapter, shall be disallowed within the county. The resolution shall take effect three (3) months after receipt of certification thereof by the director of the Idaho state police and notification of qualified facilities within the county. Hospitality cabinets shall remain disallowed within the county so long as the resolution remains in effect.

History.

I.C.,§ 23-1407, as added by 1989, ch. 208, § 1, p. 510; am. 2000, ch. 469, § 73, p. 1450.

§ 23-1408. Director to promulgate rules.

For the purpose of the administration of this chapter, the director of the Idaho state police shall promulgate and publish such rules as the director may deem necessary for carrying out the provisions of this chapter.

History.

I.C.,§ 23-1408, as added by 1989, ch. 208, § 1, p. 510; am. 2000, ch. 469, § 74, p. 1450.

§ 23-1409. Short title.

This act shall be known as the “Hospitality Cabinet Act of 1989.”

History.

I.C.,§ 23-1409, as added by 1989, ch. 208, § 1, p. 510.