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H0473...........................................................by HORNBECK
ALCOHOLIC BEVERAGE CATERING PERMIT - Amends existing law to authorize beer
and wine licensees to obtain an alcoholic beverage catering permit and
serve the beverage for which they are licensed at catered events and to
remove the director of the Department of Law Enforcement from the liquor
catering permit process.
01/13 House intro - 1st rdg - to printing
01/14 Rpt prt - to St Aff
02/06 Rpt out - rec d/p - to 2nd rdg
02/09 2nd rdg - to 3rd rdg
02/11 3rd rdg - PASSED - 48-19-3
AYES -- Alltus, Barrett, Bieter, Bivens, Boe, Campbell, Chase, Clark,
Crane, Crow, Cuddy, Deal, Denney, Field(13), Field(20), Gagner,
Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9),
Jones(22), Jones(20), Judd, Kellogg, Kempton, Kjellander, Kunz,
Mader, Marley, McKague, Meyer, Miller, Newcomb, Pischner, Reynolds,
Ridinger, Robison, Sali, Schaefer, Stoicheff, Stone, Tilman, Watson,
Zimmermann, Mr Speaker
NAYS -- Barraclough, Bell, Black(15), Black(23), Bruneel, Callister,
Ellsworth, Geddes, Kendell, Lake, Linford, Loertscher, Mortensen,
Richman, Stevenson, Stubbs, Taylor, Tippets, Wheeler
Absent and excused -- Pomeroy, Trail, Wood
Floor Sponsor - Hornbeck
Title apvd - to Senate
02/12 Senate intro - 1st rdg - to St Aff
H0473|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 473 BY HORNBECK 1 AN ACT 2 RELATING TO LIQUOR CATERING PERMITS; AMENDING SECTION 23-902, IDAHO CODE, TO 3 DEFINE ADDITIONAL TERMS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC- 4 TION 23-934A, IDAHO CODE, TO AUTHORIZE ISSUANCE OF AN ALCOHOLIC BEVERAGE 5 CATERING PERMIT TO ALCOHOL, BEER AND WINE LICENSEES TO SERVE THE BEVERAGE 6 FOR WHICH THEY ARE LICENSED AT CATERED EVENTS; AMENDING SECTION 23-934B, 7 IDAHO CODE, TO ELIMINATE THE DIRECTOR OF THE DEPARTMENT OF LAW ENFORCEMENT 8 FROM THE APPROVAL PROCESS IN ISSUANCE OF LIQUOR CATERING PERMITS; AMENDING 9 SECTION 23-934C, IDAHO CODE, TO APPLY REGULATORY AND PENAL PROVISIONS TO 10 ALCOHOLIC BEVERAGE CATERING PERMITTEES AND TO MAKE A TECHNICAL CORRECTION; 11 AND AMENDING SECTION 23-944, IDAHO CODE, TO AUTHORIZE MINORS ON THE PREM- 12 ISE OF AN EVENT WHERE BEVERAGES ARE SERVED BY AN ALCOHOLIC BEVERAGE 13 CATERING PERMITTEE AND TO MAKE A TECHNICAL CORRECTION. 14 Be It Enacted by the Legislature of the State of Idaho: 15 SECTION 1. That Section 23-902, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 23-902. DEFINITIONS. The following words and phrases used in this chapter 18 shall be given the following interpretation: 19a. "Director" means the director of the department of law enforce-20ment of the state of Idaho.21b. "State liquor store" means a liquor store or distributor established22under and pursuant to the laws of the state of Idaho for the package sale of23liquor at retail.24c. "License" means a license issued by the director to a qualified per-25son, under which it shall be lawful for the licensee to sell and dispense26liquor by the drink at retail, as provided by law.27d. "Municipal license" means a license issued by a municipality of the28state of Idaho under the provisions of law.29e. "Licensee" means the person to whom a license is issued under the pro-30visions of law.31f. "Person" means every individual, partnership, corporation, organiza-32tion, or association holding a retail liquor license, whether conducting the33business singularly or collectively.34g. "Liquor" means all kinds of liquor sold by and in a state liquor store35of the state of Idaho.36h. "Interdicted person" means a person to whom the sale of liquor is pro-37hibited under law.38i. "Rules and regulations" means rules and regulations promulgated by the39director in accordance with the provisions of law.40j. "Gaming" means any and all gambling or games of chance defined in41chapters 38 and 49, title 18, Idaho Code, or any section or sections thereof,42whether those games are licensed or unlicensed.43k. "Premises" means the building and contiguous property owned, or leased2 1or used under a government permit by a licensee as part of the business estab-2lishment in the business of sale of liquor by the drink at retail, which prop-3erty is improved to include decks, docks, boardwalks, lawns, gardens, golf4courses, ski resorts, courtyards, patios, poolside areas or similar improved5appurtenances in which the sale of liquor by the drink at retail is authorized6under the provisions of law.7 ( l.) "Club" includes any of the 8 following organizations where the sale of spirituous liquor for consumption on 9 the premises is made to members and to bona fide guests of members only: 10 (la ) A post, chapter, camp or other local unit 11 composed solely of veterans and their duly recognized auxiliary, and which 12 is a post, chapter, camp or other local unit composed solely of veterans 13 which has been chartered by the Congress of the United States for patri- 14 otic, fraternal or benevolent purposes, and which has, as the owner, les- 15 see or occupant, operated an establishment for that purpose in this state; 16 or 17 (2b ) A chapter, aerie, parlor, lodge or other 18 local unit of an American national fraternal organization, which has as 19 the owner, lessee or occupant, operated an establishment for fraternal 20 purposes in this state and actively operates in not less than thirty-six 21 (36) states or has been in continuous existence for not less than twenty 22 (20) years; and which has not less than fifty (50) bona fide members in 23 each unit, and which owns, maintains or operates club quarters, and is 24 authorized and incorporated to operate as a nonprofit club under the laws 25 of this state, and which has recognized tax exempt status under section 26 501(c)(8) or 501(c)(10) of the Internal Revenue Code, and has been contin- 27 uously incorporated and operating for a period of not less than one (1) 28 year. The club shall have had during that period of one (1) year, a bona 29 fide membership with regular meetings conducted at least once each month, 30 and the membership shall be and shall have been actively engaged in carry- 31 ing out the objects of the club. The club membership shall consist of bona 32 fide dues paying members, recorded by the secretary of the club, paying at 33 least six dollars ($6.00) per year in dues, payable monthly, quarterly or 34 annually; and the members at the time of application for a club license 35 shall be in good standing, having paid dues for at least one (1) full 36 year. 37 (2) "Convention" means a formal meeting of members, representa- 38 tives, or delegates, as of a political party, fraternal society, profession or 39 industry. 40 (3) "Director" means the director of the department of law enforcement of 41 the state of Idaho. 42 (4) "Gaming" means any and all gambling or games of chance defined in 43 chapters 38 and 49, title 18, Idaho Code, or any section or sections thereof, 44 whether those games are licensed or unlicensed. 45 (5) "Interdicted person" means a person to whom the sale of liquor is 46 prohibited under law. 47 (6) "License" means a license issued by the director to a qualified per- 48 son, under which it shall be lawful for the licensee to sell and dispense 49 liquor by the drink at retail, as provided by law. 50 (7) "Licensee" means the person to whom a license is issued under the 51 provisions of law. 52 (8) "Liquor" means all kinds of liquor sold by and in a state liquor 53 store of the state of Idaho. 54 (9) "Municipal license" means a license issued by a municipality of the 55 state of Idaho under the provisions of law. 3 1 (10) "Party" means a social gathering especially for pleasure or amusement 2 and includes, but is not limited to, such social events as weddings, birth- 3 days, and special holiday celebrations to include, but not be limited to, New 4 Year's celebrations, Super Bowl Sunday, St. Patrick's Day, the Fourth of July 5 and Labor Day. 6 (11) "Person" means every individual, partnership, corporation, organiza- 7 tion, or association holding a retail liquor license, whether conducting the 8 business singularly or collectively. 9 (12) "Premises" means the building and contiguous property owned, or 10 leased or used under a government permit by a licensee as part of the business 11 establishment in the business of sale of liquor by the drink at retail, which 12 property is improved to include decks, docks, boardwalks, lawns, gardens, golf 13 courses, ski resorts, courtyards, patios, poolside areas or similar improved 14 appurtenances in which the sale of liquor by the drink at retail is authorized 15 under the provisions of law. 16 (13) "Rules" means rules promulgated by the director in accordance with 17 the provisions of law. 18 (14) "State liquor store" means a liquor store or distributor established 19 under and pursuant to the laws of the state of Idaho for the package sale of 20 liquor at retail. 21 SECTION 2. That Section 23-934A, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 23-934A.LIQUORALCOHOLIC BEVERAGE CATERING 24 PERMIT -- APPLICATION.Any person holding an Idaho retail liquor license25may serve and sell liquor retail by the drink at a party or convention, and26not to exceed three (3) consecutive days, upon obtaining a liquor27 An alcoholic beverage catering permit is a permit issued pursuant 28 to this section which authorizes the permittee to serve and sell liquor retail 29 by the drink, beer and wine or beer or wine, at a party or convention, and not 30 to exceed three (3) consecutive days. An alcoholic beverage catering permit 31 shall be limited to authorization to sell liquor or beer or wine, or any com- 32 bination thereof, based upon the type of license which the applicant possesses 33 . Applications for such permit shall be made to the city within which 34 the liquor , beer or wine is to be served, or if not within a city 35 then to the county, on such form as prescribed by thedirector36 city or county which shall contain at a minimum, but not 37 limited to, the following information: 38 1. The name and address of the applicant and the number of his state 39 liquor , beer or wine license. 40 2. The dates and hours during which the permit is to be effective, not to 41 exceed three (3) consecutive days. 42 3. The names of the organizations, groups, or persons sponsoring the 43 event. 44 4. The address at which the liquor , beer or wine is to be 45 served, and if a public building, the rooms in which the liquor , beer or 46 wine is to be served. 47 The application shall be verified by the applicant and filed with the 48 appropriate governing body or its designee. A filing fee in the amount of 49 twenty dollars ($20.00) for each day the permit is to be effective shall be 50 paid to the treasury of the governing body which shall not be refunded in any 51 event. Any alcoholic beverage catering permit shall be valid only 52 within the issuing jurisdiction. 4 1 SECTION 3. That Section 23-934B, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 23-934B. FILING OF APPLICATION -- APPROVAL-- DISAPPROVAL BY DIREC-4TOR. Upon the filing of an application fora liquor5 an alcoholic beverage catering permit, the city council or its desig- 6 nee, or county commissioners receiving the application shall upon the advice 7 and recommendation of the chief of police or sheriff, approve or disapprove 8 the application and indicate the determination on the face of the application 9 by indorsement signed by the clerk of the city or county. Copies of the appli- 10 cation with signed indorsements thereon shall be mailed or delivered immedi- 11 ately to the chief of police or sheriff, the directorand the 12 applicant, and a signed copy retained by the clerk. An application approved in 13 this manner shall constitute a n alcoholic beverage catering 14 permit, unless disapproved by the director by notice served upon the15applicant for the retail sale of liquor by the drink, beer and wine for the16period authorized by the permit. 17 SECTION 4. That Section 23-934C, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 23-934C. REGULATORY AND PENALTY PROVISIONS APPLICABLE. All of the regula- 20 tory and penal provisions ofchapter 9 oftitle 23, Idaho Code, 21 shall apply to the exercise ofliquoralcoholic beverage 22 catering permits, including the penalties for violations thereof, 23 except such provisions declared to be inapplicable toliquor24 alcoholic beverage catering permits byregulations25 rules prescribed by the director of law enforcement; provided, 26 however, the director shall have no power to declare inapplicable any of the 27 provisions of section 23-927, Idaho Code. 28 SECTION 5. That Section 23-944, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 23-944. EXCEPTIONS FROM RESTRICTION ON ENTERING OR REMAINING. It shall 31 not be unlawful for, nor shall section 23-943, Idaho Code, be construed to 32 restrict, any person under the age of twenty-one (21) years from entering or 33 being: 34 (a) upon the premises of any restaurant, as herein defined, or in any 35 railroad observation or club car or any airplane of a commercial airline, not- 36 withstanding that such premises may also be licensed for the sale of liquor by 37 the drink or for the sale of beer for consumption on the premises or that 38 alcoholic beverages, or beer, or both, are prepared, mixed or dispensed and 39 served and consumed therein. 40 (b) in any building, a part or portions of which is used as a place, as 41 herein defined, provided such place is separated or partitioned from the 42 remainder of said building and access to such place through a doorway or 43 doorways or other means of ingress can be controlled to prevent persons under 44 the ages specified with respect thereto in section 23-943, Idaho Code, from 45 entering therein. 46 (c) in any baseball park, sports arena or fairgrounds, notwithstanding 47 that such premises or any portion thereof may be licensed for the sale of beer 48 for consumption on the premises or that beer is dispensed and served and con- 49 sumed therein. 50 (d) upon the premises of any licensed winery notwithstanding that such 5 1 premise or any portion thereof may also be licensed for the sale of beer or 2 wine for consumption on the premise s or that wine is dispensed 3 and served and consumed therein. 4 (e) upon the licensed premises of a wine retailer, wholly owned and oper- 5 ated by a licensed winery which retails exclusively the products of that win- 6 ery. 7 (f) at a location, other than a liquor, beer, or wine licensed 8 premises, authorized to serve alcoholic beverages under a valid alcoholic bev- 9 erage catering permit.
STATEMENT OF PURPOSE
RS07391
This legislation would allow beer and wine licensees to cater
beer and wine at events serving beer and wine under the same
conditions as liquor licensees are allowed to cater liquor at
events.
FISCAL NOTE
None .
Contact: Representative Twila Hornbeck
332-1000
STATEMENT OF PURPOSE/FISCAL NOTE
Bill No H 473