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H0775......................................................by STATE AFFAIRS LIQUOR LICENSE - Amends existing law to provide, where county ordinance permits, that a liquor license may be issued to the owner, operator or lessee of an establishment that is at least five miles outside the nearest city limits, has had an active beer and wine license continuously for the preceding ten years, is in the food, beverage, recreation or tourism industry and serves at least two meals per day to the general public; and to provide that such license shall not be transferrable except to the heirs, spouse or children of the owner, operator or lessee. 02/25 House intro - 1st rdg - to printing 02/26 Rpt prt - to St Aff
H0775|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 775 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO RETAIL SALE OF LIQUOR BY THE DRINK; AMENDING SECTION 23-903, IDAHO 3 CODE, TO PROVIDE WHERE COUNTY ORDINANCE PERMITS, A LIQUOR LICENSE MAY BE 4 ISSUED TO THE OWNER, OPERATOR OR LESSEE OF AN ESTABLISHMENT THAT IS AT 5 LEAST FIVE MILES OUTSIDE THE NEAREST CITY LIMITS, THAT HAS HAD AN ACTIVE 6 BEER AND WINE LICENSE CONTINUOUSLY FOR THE PRECEDING TEN YEARS, THAT IS IN 7 THE FOOD, BEVERAGE, RECREATION OR TOURISM INDUSTRY AND THAT SERVES AT 8 LEAST TWO MEALS A DAY TO THE GENERAL PUBLIC AND TO PROVIDE THAT SUCH 9 LICENSE SHALL NOT BE TRANSFERABLE EXCEPT TO THE HEIRS, SPOUSE OR CHILDREN 10 OF THE OWNER, OPERATOR OR LESSEE. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 23-903, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 23-903. LICENSE TO RETAIL LIQUOR. The director of the department of law 15 enforcement is hereby empowered, authorized, and directed to issue licenses to 16 qualified applicants, as herein provided, whereby the licensee shall be autho- 17 rized and permitted to sell liquor by the drink at retail and, upon the issu- 18 ance of such license, the licensee therein named shall be authorized to sell 19 liquor at retail by the drink, but only in accordance with the rules promul- 20 gated by the director and the provisions of this chapter. No license shall be 21 issued for the sale of liquor on any premises outside the incorporated limits 22 of any city except as provided in this chapter and the number of licenses so 23 issued for any city shall not exceed one (1) license for each one thousand 24 five hundred (1,500) of population of said city or fraction thereof, as estab- 25 lished in the last preceding census, or any subsequent special census con- 26 ducted by the United States bureau of the census or by an estimate that is 27 statistically valid including adding the number of new residential utility 28 connections or including adding the population of areas annexed into the city 29 after the last census or special census was conducted, except that upon proper 30 application thereof not more than two (2) licenses may be issued for each 31 incorporated city with a population of one thousand five hundred (1,500) or 32 less, unless the retail licensing of liquor by the drink has been previously 33 disapproved under the provisions of sections 23-917, 23-918, 23-919, 23-920 34 and 23-921, Idaho Code; provided, however, that any license heretofore issued 35 may be renewed from year to year without regard to the population or status of 36 the city for which such license is issued. Any license issued and which has 37 remained in effect at its location for a consecutive period of ten (10) years 38 or more shall be deemed to have been validly issued and may be renewed from 39 year to year provided, however, that the applicant for the renewal of such 40 license is not otherwise disqualified for licensure pursuant to section 41 23-910, Idaho Code, and, if the premises required special characteristics for 42 original licensure, other than being either within or without the incorporated 43 limits of a city, that said premises continue to have such special character- 2 1 istics at the time of the application for renewal. 2 Nothing herein contained shall prohibit the issuance of a license to the 3 owner, operator, or lessee of an actual, bona fide golf course whether located 4 within or without the limits of any city, or located on premises also operated 5 as a winery, or ski resort, or to the lessee of any premises situate thereon, 6 no part of which ski resort or the premises thereon is situate within the 7 incorporated limits of any city. For the purpose of this section a golf course 8 shall comprise an actual, bona fide golf course, which is regularly used for 9 the playing of the game of golf, and having not less than nine (9) tees, 10 fairways and greens laid out and used in the usual and regular manner of a 11 golf course. Nine (9) hole courses must have a total yardage of at least one 12 thousand (1,000) yards, and eighteen (18) hole courses must have a total 13 yardage of at least two thousand (2,000) yards as measured by totaling the 14 tee-to-green distance of all holes. The course must be planted in grass except 15 that it may provide artificial tee mats. Where any such golf course is owned 16 or leased by an association of members and is used or enjoyed by such members, 17 or their guests, none of the disqualifications contained in section 23-910, 18 Idaho Code, shall apply to such association as a licensee where such disquali- 19 fications, or any of them, would apply only to a member of such association 20 where such member has no interest therein except as a member thereof. 21 Also for the purpose of this section a ski resort shall comprise real 22 property of not less than ten (10) acres in size, exclusive of the terrain 23 used for skiing and upon which the owner, operator, or lessee of the ski 24 resort has made available himself, or through others, including but not lim- 25 ited to the owners of condominiums, permanent bona fide overnight accommoda- 26 tions available to the general public for one hundred (100) persons or more, 27 and which real property is contiguous to or located within the area in which 28 skiing occurs, and which real property is regularly operated as a ski resort 29 in the winter time, and where the owner, operator, or lessee of the ski resort 30 is also the owner, operator, or lessee of the area served by a bona fide chair 31 ski lift facility or facilities. Alternatively, for the purpose of this sec- 32 tion a ski resort may also be defined as a downhill ski area, open to the pub- 33 lic, comprising real property of not less than two hundred fifty (250) skiable 34 acres, operating two (2) or more chair lifts with a vertical lift of one thou- 35 sand (1,000) feet or more, and capable of transporting a minimum of one thou- 36 sand eight hundred (1,800) skiers per hour. A ski resort qualifying under this 37 definition shall also have on the premises a lodge facility providing shelter 38 and food service to the public, the operator of which shall also be the valid 39 owner or lessee of the grounds and facilities upon which the ski resort offers 40 downhill skiing services to the public. The fees for licenses granted to ski 41 resorts shall be the same as those prescribed for golf courses as set forth in 42 section 23-904, Idaho Code. Not more than one (1) licensed premises shall be 43 permitted on any golf course or any ski resort or within the area comprising 44 the same. 45 Nothing herein contained shall prohibit the issuance of a license to the 46 owner, operator or lessee of an actual, bona fide equestrian facility located 47 on not less than forty (40) contiguous acres, with permanently erected seating 48 of not less than six thousand (6,000) seats, no part of which equestrian 49 facility or the premises thereon is situate within the incorporated limits of 50 any city, and which facility shall have at least three (3) days per year of a 51 professionally sanctioned rodeo. Not more than one (1) licensed premises shall 52 be permitted at any equestrian facility or within an area comprising such a 53 facility. The license shall be solely for the equestrian facility and shall 54 not be transferred to any other location. The fees for licenses granted to 55 equestrian facilities shall be the same as those prescribed for golf courses 3 1 as set forth in section 23-904, Idaho Code. 2 Nothing herein contained shall prohibit the issuance of a license to the 3 owner, operator, or lessee of a restaurant operated on an airport owned or 4 operated by a county or municipal corporation or on an airport owned or oper- 5 ated jointly by a county and municipal corporation, and which said airport is 6 served by a trunk or local service air carrier holding a certificate of public 7 convenience and necessity issued by the Civil Aeronautics Board of the United 8 States of America. Not more than one (1) license shall be issued on any air- 9 port. 10 Nothing herein contained shall prohibit the issuance of one (1) club 11 license to a club as defined in section 23-902, Idaho Code. The holder of a 12 club license is authorized to sell and serve alcoholic beverages for consump- 13 tion only within the licensed establishment owned, leased or occupied by the 14 club, and only to bona fide members of the club, and to serve and to sell 15 alcoholic beverages for consumption to bona fide members' guests. A club 16 license issued pursuant to the provisions of this section is not transferable 17 and may not be sold. Any club license issued pursuant to the provisions of 18 this section will revert to the director when, in his judgment, the licensee 19 ceases to operate as a bona fide club as defined in section 23-902, Idaho 20 Code. No club may hold a liquor license and a club license simultaneously. A 21 club which on July 1, 1983, holds a liquor license, may continue to possess 22 that license. Any club which possesses a liquor license on January 1, 1983, or 23 thereafter, and then sells that liquor license, may not obtain a club license, 24 and the director shall not issue a club license to that club for a period of 25 five (5) years following such sale. The fee for any license issued to a quali- 26 fying club within an incorporated municipality shall be as prescribed in sub- 27 sections (a), (b) and (c) of section 23-904, Idaho Code. The fee for any 28 license issued to a qualifying club not situate within an incorporated munici- 29 pality shall be as specified for golf courses under section 23-904(f), Idaho 30 Code. The provisions of section 23-916, Idaho Code, regarding county and city 31 licenses, shall pertain to club licenses. The burden of producing sufficient 32 documentation of qualifications for club licensure shall be with the club 33 applicant. 34 Nothing in this chapter to the contrary shall prohibit the issuance of a 35 license to the owner, operator, or lessee of an actual, bona fide convention 36 center which is within the incorporated limits of a city having a population 37 of three thousand (3,000) or greater, and which city does not have located 38 therein a convention center with a valid convention center license to sell 39 liquor by the drink. For the purpose of this section, a convention center 40 means a facility having at least thirty-five thousand (35,000) square feet of 41 floor space or a facility having at least one hundred twenty (120) sleeping 42 rooms and an adjoining meeting room which will accommodate not less than three 43 hundred fifty (350) persons, whether or not such room may be partitioned into 44 smaller rooms, and provided that such meeting room shall contain at least 45 three thousand (3,000) square feet of floor space. Such license must be placed 46 in actual use in said convention center within one (1) year from the date of 47 its issuance. The fee for any license issued to a qualifying convention center 48 shall be as prescribed in subsection (c) of section 23-904, Idaho Code. No 49 license issued to a convention center hereunder shall be transferable to 50 another location or facility, nor shall the holder of a convention center 51 license be eligible for the issuance of a license in the same city pursuant to 52 any other provision of this chapter. For purposes of this section, the term 53 holder shall include an owner, operator or lessee and shall include a stock- 54 holder, director, or officer of a corporation, or a partner in a partnership, 55 which corporation or partnership has been issued a convention center license 4 1 pursuant to this chapter. Not more than one (1) licensed premises shall be 2 permitted on any convention center or within the area comprising the same, 3 including convention centers that also comprise golf courses or ski resorts as 4 herein defined. 5 Nothing in this chapter shall prohibit the issuance of a license to the 6 owner, operator or lessee of a food, beverage and/or lodging facility that has 7 been in continuous operation in the same location for at least seventy-five 8 (75) years, except for temporary closings for refurbishing or reconstruction, 9 or a food, beverage and lodging facility serving the public by reservation 10 only, having a minimum of five (5) rooms operating in a structure that has 11 been in existence for at least seventy-five (75) years and has been on the 12 historic register for a minimum of ten (10) years, is situated within five 13 hundred (500) yards of a natural lake containing a minimum of thirty-six thou- 14 sand (36,000) acre feet of water when full with a minimum of thirty-two (32) 15 miles of shoreline, and is located in a county with a minimum population of 16 sixty-five thousand (65,000). The provisions of section 23-910, Idaho Code, 17 shall apply to licenses issued to continuous operation facilities. The fees 18 shall be the same as those prescribed for golf courses as set forth in section 19 23-904, Idaho Code. Licenses issued to continuous operation facilities are not 20 transferable. 21 Nothing in this chapter shall prohibit the issuance of a license to the 22 owner, operator or lessee of the lodging, dining and entertainment facilities 23 owned by a gondola resort complex and operated in conjunction with the other 24 public services provided by a gondola resort complex located within the 25 ownership/leasehold boundaries of a gondola resort complex. 26 A gondola resort complex means an actual, bona fide gondola capable of 27 transporting people for recreational and/or entertainment purposes at least 28 three (3) miles in length with a vertical rise of three thousand (3,000) feet, 29 portions of which may be located within or over the limits of one (1) or more 30 cities. 31 Nothing in this chapter shall prohibit the issuance of a license to the 32 owner, operator or lessee of a winery also operating a golf course on the 33 premises. 34 Where county ordinance permits, nothing in this chapter shall pro- 35 hibit the issuance of a license to the owner, operator or lessee of an estab- 36 lishment that: (1) is at least five (5) miles outside the nearest city limits; 37 and (2) has had an active beer and wine license continuously for the preceding 38 ten (10) years; and (3) is in the food and beverage, recreation or tourism 39 industry; and (4) serves at least two (2) meals a day to the general public. 40 Such license shall not be transferable except to the heirs, spouse or children 41 of the owner, operator or lessee. 42 The provisions of section 23-910, Idaho Code, shall apply to licenses 43 issued under the provisions of this subsection. The fees shall be the same as 44 those prescribed for golf courses as set forth in section 23-904, Idaho Code. 45 Licenses issued under the provisions of this subsection are not transferable.
STATEMENT OF PURPOSE
RS 07860C1
This measure would allow counties (at the county commissioners option) to issue liquor licenses to
establishments outside the city limits that meet certain requirements and apply to the commissioners for
said license.
FISCAL NOTE
A statutory fee is charged by the state, county and local jurisdictions. These agencies should
receive a minor positive fiscal impact.
CONTACT- REPRESENTATIVE LARRY WATSON
332-1227
MR CLIFF REHART
(208)682-3803
H 775