T23CH9

Title 23 > T23CH9

Sections (60)

23-901

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-901, added 1947, ch. 274, sec. 1, p. 870; am. 1974, ch. 27, sec. 16, p. 811; am. 2000, ch. 469, sec. 61, p. 1510.]

23-902

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: (a) 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 (b) 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

23-903

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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 provided in this chapter, 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 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 census bureau 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 that 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 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 in this chapter 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, having not less than nine (9) tees, fairways, and greens laid out and used in the usual

23-903a

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-903a, added 1972, ch. 34, sec. 2, p. 52; am. 1974, ch. 27, sec. 19, p. 811; am. 1987, ch. 32, sec. 1, p. 53.]

23-903b

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-903b, added 1979, ch. 256, sec. 1, p. 679; am. 1987, ch. 32, sec. 2, p. 54; am. 1991, ch. 137, sec. 1, p. 320; am. 2005, ch. 357, sec. 1, p. 1128.]

23-903c

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 23-903c. licenses issued to resort city restaurants. (1) Resort city restaurant liquor license. Upon a finding of proof by the mayor and city council and subject to approval of the mayor and city council and notwithstanding the population limitations set forth in section 23-903 (1), Idaho Code, nothing in this chapter shall prohibit the issuance of a resort city restaurant liquor license to the owner, operator, or lessee for use at a qualifying restaurant within the incorporated limits of a city that qualified as a resort city as of July 1, 2024, subject to the provisions of this section. For purposes of this section, resort city shall have the same meaning as provided in section 50-1044 , Idaho Code, and means a city that is farther than fifteen (15) miles by road from any city with a population of fifty thousand (50,000) or more as established in the last preceding census and has sewage flows that exceed low-season flows by twenty percent (20%) or more. Restaurant shall have the same meaning as provided in section 23-942 , Idaho Code. (2) Qualifying restaurant. To be eligible for issuance of a resort city restaurant liquor license, a restaurant shall demonstrate that the primary source of revenue from the operation of the restaurant to be licensed will be derived from food services and not from the sale of liquor. Subsequent license renewals shall be conditioned upon a showing that no less than sixty percent (60%) of gross sales from the preceding twelve (12) month operation of a licensed restaurant be derived from food services. (3)(a) Restaurant operations. A restaurant selling liquor pursuant to a resort city restaurant liquor license shall abide by the following: (i) Liquor shall be dispensed and prepared for consumption by a restaurant licensed pursuant to this section only in areas approved by the local licensing authority; and (ii) All liquor sales shall cease at the time food sales and services cease. The local licensing authority may impose additional date and time restrictions on liquor sales. (b) No resort city restaurant licensed pursuant to this section shall promote or operate the restaurant as a bar and lounge. (4)(a) Licenses per city. No more than three (3) resort city restaurant liquor licenses may be issued for use within the incorporated limits of a single resort city. In the event the mayor and city council do not approve the proposed license, a license shall not be issued. Priority shall be given on a first-come, first-served basis according to date of application and the following: (i) First to those who applied for a license within the incorporated city prior to July 1, 2024, contingent on the ability for actual use as a resort city restaurant liquor license; and (ii) Second to those who apply for a resort city restaurant liquor license on or after July 1, 2024. (b) Resort city liquor licenses shall not count toward the limitation on the number of

23-904

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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 ( $300) p er ann u m . (2) F ore a c h l i ce n se ina c i t yo ff ro m o n e t h o u s an d (1, 000) t o t h ree t h o u s an d (3, 000) p o p u l a t i o n, f i v e h u n d re dd o ll a rs ($ 500) per annum. (3) For each license in a city having a population of more than three thousand (3,000), seven hundred fifty dollars ( $750) p er ann u m . (4) F ore a c h r ai l ro a d t r ain f ors a l eo n l y inb u ff e t, c l u b or d inin g c a rs, f i f t y d o ll a rs ($ 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 ( $250) p er ann u m . S u c h l i ce n ses ha ll b e in f u ll, an d in l i e u o f a ll o t h er l i ce n ses h ere in p ro v i d e df or . (6) F ore a c h l i ce n se i ss u e d t o t h eo w n er, o p er a t or, or l esseeo f a g o l f co u rse a s d escr ib e d in sec t i o n 23 - 903, I d ah o C o d e, or t o t h e l esseeo f an y p re mi sess i t u a t eo n s u c h g o l f co u rse, s i t u a t e inan yco u n t y ha v in g a p o p u l a t i o n o f : (a) L ess t han tw e n t y t h o u s an d (20, 000), tw o h u n d re dd o ll a rs ($ 200) per annum; (b) Twenty thousand (20,000) but less than forty thousand (40,000), three hundred dollars ( $300) p er ann u m; an d (c) F or t y t h o u s an d (40, 000) or m ore, f o u r h u n d re dd o ll a rs ($ 400) per annum. (7) For each common carrier airline for sale only in common carrier aircraft, two hundred fifty dollars ( $250) p er ann u m . S u c h l i ce n ses ha ll b e in f u ll, an d in l i e u o f a ll o t h er l i ce n ses h ere in p ro v i d e df or . (8) F ore a c h l i ce n se i ss u e d t o t h eo w n er, o p er a t or, or l esseeo f a res t a u r an t o p er a t e d o nanai r p or t, a s d escr ib e d in sec t i o n 23 - 903, I d ah o C o d e, s i t u a t e w i t hin t h ecor p or a t e l imi t so f a c i t y, t h e f ees ha ll b e t h es am e a s p ro v i d e d in p a r a g r a p h s (1) t h ro ug h (3), in c l u s i v e, o f t hi ssec t i o n . (9) F ore a c h l i ce n se i ss u e d t o t h eo w n er, o p er a t or, or l esseeo f a res t a u r an t o p er a t e d o nanai r p or t, a s d escr ib e d in sec t i o n 23 - 903, I d ah o C o d e, s i t u a t e w i t h o u tt h ecor p or a t e l imi t so f a c i t y, t h e f ees ha ll b e t h es am e a s p ro v i d e d in p a r a g r a p h (6) o f t hi ssec t i o n . L i ce n ses i ss u e d u n d er an d p u rs u an tt o t h e p ro v i s i o n so f t hi s a c t s ha ll e x p i re a t 1 : 00 o ’ c l oc ka . m . o n t h e f i rs t d a yo fJ an u a ryo f t h e f o ll o w in g ye a r . (10) F ore a c h l i ce n se i ss u e d t o an o w n eroro p er a t oro f a ye a r - ro u n d resor t a s d escr ib e d in sec t i o n 23 - 957, I d ah o C o d e, a o n e (1) t im e f eeo f tw e n t y - f i v e t h o u s an dd o ll a rs ($ 25,000), with a subsequent renewal fee of three thousand five hundred dollars ( $3, 500) p er ann u m . F ore a c h l i ce n se i ss u e d t o an o w n eroro p er a t oro f ab e v er a g e, l o d g in g or d inin g f a c i l i t y w i t hin t h e p re mi seso f a ye a r - ro u n d resor t a s d escr ib e d in sec t i o n 23 - 957, I d ah o C o d e, a o n e (1) t im e f eeo f tw e n t y - f i v e t h o u s an dd o ll a rs ($ 25,

23-905

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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 ( $1, 000) n or m ore t han f i v e t h o u s an dd o ll a rs ($ 5,000), or both such fine and imprisonment. History: [23-905, added 1947, ch. 274, sec. 5, p. 870; am. 1974, ch. 27, sec. 21, p. 811; am. 1980, ch. 313, sec. 1, p. 803; am. 1991, ch. 137, sec. 3, p. 321; am. 1994, ch. 14, sec. 3, p. 22.]

23-906

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-906, added 1947, ch. 274, sec. 6, p. 870; am. 1963, ch. 423, sec. 2, p. 1098; am. 1974, ch. 27, sec. 22, p. 811.]

23-907

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-907, added 1947, ch. 274, sec. 7, p. 870; am. 1974, ch. 27, sec. 23, p. 811; am. 2001, ch. 284, sec. 1, p. 1015; am. 2016, ch. 77, sec. 1, p. 254.]

23-908

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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 sect

23-910

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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

23-911

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-911, added 1947, ch. 274, sec. 11, p. 870; am. 1973, ch. 75, sec. 1, p. 121; am. 1999, ch. 141, sec. 2, p. 405.]

23-912

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-912, added 1947, ch. 274, sec. 12, p. 870; am. 1999, ch. 141, sec. 3, p. 405.]

23-913

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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 therein. History: [23-913, added 1947, ch. 274, sec. 13, p. 870.]

23-914

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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 ( $1, 000) n or m ore t han f i v e t h o u s an dd o ll a rs ($ 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: [23-914, added 1947, ch. 274, sec. 14, p. 870; am. 1949, ch. 277, sec. 2, p. 567; am. 1988, ch. 216, sec. 2, p. 411; am. 2009, ch. 23, sec. 53, p. 67; am. 2012, ch. 113, sec. 18, p. 316.]

23-915

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-915, added 1947, ch. 274, sec. 15, p. 870; am. 1974, ch. 27, sec. 25, p. 811.]

23-916

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-916, added 1947, ch. 274, sec. 16, p. 870; am. 1957, ch. 151, sec. 3, p. 250; am. 1974, ch. 27, sec. 26, p. 811.]

23-917

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-917, added 1947, ch. 274, sec. 17, p. 870; am. 1995, ch. 118, sec. 12, p. 440; am. 2009, ch. 341, sec. 7, p. 1000.]

23-918

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-918, added 1947, ch. 274, sec. 18, p. 870; am. 2009, ch. 341, sec. 8, p. 1000.]

23-919

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-919, added 1947, ch. 274, sec. 19, p. 870; am. 1974, ch. 27, sec. 27, p. 811; am. 2009, ch. 341, sec. 9, p. 1000.]

23-920

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-920, added 1947, ch. 274, sec. 20, p. 870.]

23-921

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-921, added 1947, ch. 274, sec. 21, p. 870.]

23-926

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-926, added 1947, ch. 274, sec. 24, p. 870; am. 1974, ch. 247, sec. 1, p. 1624.]

23-927

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: 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. b. On any other day between 1 o’clock A.M. and 10 o’clock A.M. 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: [23-927, added 1947, ch. 274, sec. 25, p. 870; am. 1971, ch. 95, sec. 1, p. 207; am. 1977, ch. 143, sec. 3, p. 318; am. 1986, ch. 223, sec. 1, p. 610; am. 1987, ch. 110, sec. 1, p. 222; am. 1989, ch. 64, sec. 8, p. 104; am. 2003, ch. 284, sec. 1, p. 769; am. 2008, ch. 248, sec. 2, p. 729.]

23-928

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-928, added 1947, ch. 274, sec. 26, p. 870; am. 1997, ch. 343, sec. 1, p. 1027.]

23-930

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-930, added 1947, ch. 274, sec. 28, p. 870; am. 1974, ch. 27, sec. 30, p. 811.]

23-931

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-931, added 1947, ch. 274, sec. 29, p. 870.]

23-932

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-932, added 1947, ch. 274, sec. 30, p. 870; am. 1974, ch. 27, sec. 31, p. 811.]

23-933

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-933, added 1980, ch. 223, sec. 2, p. 497; am. 1981, ch. 199, sec. 1, p. 351; am. 1991, ch. 50, sec. 1, p. 91; am. 1993, ch. 347, sec. 1, p. 1291.]

23-933A

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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., sec. 23-933A, as added by 1973, ch. 305, sec. 19, p. 655; am. 1974, ch. 27, sec. 33, p. 811.]

23-933B

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-933B, added 1977, ch. 143, sec. 4, p. 319.]

23-934

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-934, added 1955, ch. 227, sec. 1, p. 500; am. 1965, ch. 211, sec. 1, p. 484.]

23-934A

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-934A, added 1965, ch. 211, sec. 2, p. 484; am. 1970, ch. 258, sec. 1, p. 690; am. 1974, ch. 27, sec. 34, p. 811; am. 1987, ch. 58, sec. 1, p. 104; am. 1992, ch. 57, sec. 1, p. 167; am. 1999, ch. 58, sec. 2, p. 148; am. 2016, ch. 268, sec. 2, p. 722.]

23-934B

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-934B, added 1965, ch. 211, sec. 2, p. 484; am. 1970, ch. 258, sec. 2, p. 690; am. 1974, ch. 27, sec. 35, p. 811; am. 1987, ch. 58, sec. 2, p. 104; am. 1992, ch. 57, sec. 2, p. 168; am. 1999, ch. 58, sec. 3, p. 149; am. 2016, ch. 268, sec. 3, p. 723.]

23-934C

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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., sec. 23-934C, as added by 1965, ch. 211, sec. 2, p. 484; am. 1999, ch. 58, sec. 4, p. 149; am. 2000, ch. 469, sec. 64, p. 1516.]

23-935

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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 ( $100) n or m ore t han t h es u m o f t h ree h u n d re dd o ll a rs ($ 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: [23-935, added 1947, ch. 274, sec. 32, p. 870; am. 1970, ch. 258, sec. 3, p. 690; am. 1974, ch. 27, sec. 36, p. 811.]

23-936

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-936, added 1947, ch. 274, sec. 33, p. 870; am. 1999, ch. 103, sec. 3, p. 328.]

23-937

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-937, added 1947, ch. 274, sec. 34, p. 870; am. 1974, ch. 27, sec. 37, p. 811.]

23-938

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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 ( $1, 000) or m ore t han f i v e t h o u s an dd o ll a rs ($ 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: [23-938, added 1947, ch. 274, sec. 35, p. 870.]

23-939

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-939, added 1947, ch. 274, sec. 36, p. 870.]

23-940

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-940, added 1947, ch. 274, sec. 37, p. 870; am. 1974, ch. 27, sec. 38, p. 811; am. 2012, ch. 160, sec. 1, p. 435.]

23-941

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-941, added 1955, ch. 195, sec. 1, p. 420.]

23-942

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 23-942. Definitions. The following definitions shall apply in the interpretation of the enforcement of this act: (a) 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. (b) 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. (c) 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: [23-942, added 1955, ch. 195, sec. 2, p. 420.]

23-943

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-943, added 1955, ch. 195, sec. 3, p. 420; am. 1971, ch. 59, sec. 1, p. 134; am. 1972, ch. 330, sec. 5, p. 828; am. 1972, ch. 332, sec. 1, p. 834; am. 1987, ch. 212, sec. 6, p. 450.]

23-943A

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-943A, added 1977, ch. 264, sec. 1, p. 772.]

23-944

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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 July 1, 2025, and in any other theater or movie theater that is located in a building listed on the national register of historic places. No films, still pictures, el

23-945

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-945, added 1955, ch. 195, sec. 5, p. 420; am. 1972, ch. 330, sec. 7, p. 828; am. 1972, ch. 332, sec. 3, p. 834; am. 1974, ch. 27, sec. 39, p. 811; am. 1987, ch. 212, sec. 8, p. 451.]

23-946

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 23-946. Statement made by licensees of premises operated as restaurants — Indorsement upon license. (a) 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. (b) 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: [23-946, added 1955, ch. 195, sec. 5, p. 420; am. 1957, ch. 45, sec. 1, p. 80; am. 1974, ch. 27, sec. 40, p. 811; am. 1991, ch. 137, sec. 8, p. 324.]

23-947

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 23-947. Violations of act a misdemeanor. The violation of any of the provisions of this act shall constitute a misdemeanor. History: [23-947, added 1955, ch. 195, sec. 7, p. 420.]

23-948

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 23-948. Waterfront resorts — Licensing even if outside corporate limits of city. (a) 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; the county; city, if within a city; 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 in this subsection. (b) For purposes of satisfying the requirements of subsection (a) of this section, an otherwise qualifying applicant shall not be deemed ineligible for a waterfront resort license because a public right-of-way runs directly between, and contiguous to, the real property upon which the restaurant is located and the real property containing the required water frontage. (c) 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. (d) The provisions of this section shall not be construed to interfere with the privileges of the holder of a waterfront resort license is

23-949

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-949, added 1961, ch. 18, sec. 1, p. 21; am. 1972, ch. 330, sec. 8, p. 828; am. 1978, ch. 374, sec. 1, p. 980; am. 1981, ch. 222, sec. 4, p. 413; am. 1982, ch. 110, sec. 5, p. 313; am. 1987, ch. 212, sec. 9, p. 452; am. 2000, ch. 334, sec. 1, p. 1125; am. 2016, ch. 344, sec. 5, p. 990.]

23-950

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: (a) 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 (b) 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: [23-950, added 1981, ch. 6, sec. 1, p. 13; am. 1987, ch. 86, sec. 6, p. 164; am. 2005, ch. 5, sec. 1, p. 6; am. 2007, ch. 360, sec. 12, p. 1073.]

23-951

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: (a) 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; (b) Such person, partnership, association or corporation faithfully complies with all security and supervision requirements of the federal government; and (c) 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: [(23-951) 23-950, added 1981, ch. 6, sec. 1, p. 13; am. 1987, ch. 86, sec. 6, p. 164; am. and redesignated 2000, ch. 469, sec. 65, p. 1516.]

23-952

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-952, added 1987, ch. 32, sec. 3, p. 54.]

23-953

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-953, added 1988, ch. 287, sec. 1, p. 921.]

23-954

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-954, added 1988, ch. 307, sec. 1, p. 962.]

23-955

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-955, added 1994, ch. 432, sec. 1, p. 1396; am. 1995, ch. 145, sec. 1, p. 612; am. 2004, ch. 259, sec. 1, p. 734.]

23-956

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 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: [23-956, added 2005, ch. 357, sec. 2, p. 1128.]

23-957

TITLE 23 ALCOHOLIC BEVERAGES CHAPTER 9 RETAIL SALE OF LIQUOR BY THE DRINK 23-957. Year-round 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: (a) Cross-country skiing on not less than thirty (30) kilometers of groomed cross-country skiing trails; (b) 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; (c) A golf course having: (i) No less than eighteen (18) holes with greens, fairways and tees laid out in the usual and regular manner of a golf course; (ii) A total distance of seven thousand (7,000) yards as measured by totaling the tee-to-green distance of all holes; and (iii) The course planted in grass; (d) 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 (e) 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: [23-957, added 2006, ch. 449, sec. 2, p. 1334; am. 2008, ch. 178, sec. 2, p

Idaho • Lex Graph

Explorer

T23CH9

T23CH9

Sections (60)

23-901

23-902

23-903

23-903a

23-903b

23-903c

23-904

23-905

23-906

23-907

23-908

23-910

23-911

23-912

23-913

23-914

23-915

23-916

23-917

23-918

23-919

23-920

23-921

23-926

23-927

23-928

23-930

23-931

23-932

23-933

23-933A

23-933B

23-934

23-934A

23-934B

23-934C

23-935

23-936

23-937

23-938

23-939

23-940

23-941

23-942

23-943

23-943A

23-944

23-945

23-946

23-947

23-948

23-949

23-950

23-951

23-952

23-953

23-954

23-955

23-956

23-957

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